Display Version Introduced in House

HR 4128 IHCommentsClose CommentsPermalink

110th CONGRESS 1st Session H. R. 4128

To modernize, shorten, and simplify the Federal criminal code.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVES

November 8, 2007

Mr. SENSENBRENNER introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

---

A BILL

To modernize, shorten, and simplify the Federal criminal code.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Criminal Code Modernization and Simplification Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. REVISION OF PART I OF TITLE 18, UNITED STATES CODE.

Part I of title 18, United States Code, is to read as follows:CommentsClose CommentsPermalink

`PART I--GENERAL PROVISIONS AND OFFENSES

`ChapterCommentsClose CommentsPermalink

--SectionCommentsClose CommentsPermalink

1CommentsClose CommentsPermalink

2CommentsClose CommentsPermalink

21CommentsClose CommentsPermalink

101CommentsClose CommentsPermalink

201CommentsClose CommentsPermalink

261CommentsClose CommentsPermalink

401CommentsClose CommentsPermalink

501CommentsClose CommentsPermalink

571CommentsClose CommentsPermalink

641CommentsClose CommentsPermalink

771CommentsClose CommentsPermalink

851CommentsClose CommentsPermalink

991CommentsClose CommentsPermalink

1251CommentsClose CommentsPermalink

1301CommentsClose CommentsPermalink

1371CommentsClose CommentsPermalink

1481CommentsClose CommentsPermalink

2501CommentsClose CommentsPermalink

`CHAPTER 1--DEFINITIONS

`Sec.CommentsClose CommentsPermalink

`1. Definitions for title.CommentsClose CommentsPermalink

`Sec. 1. Definitions for title

`In this title, the following definitions apply unless otherwise provided:CommentsClose CommentsPermalink





`The term `agency' means any department, independent establishment, commission, administration, authority, board, or bureau of the United States or any corporation in which the United States has a proprietary interest unless the context shows that such term was intended to be used in a more limited sense.CommentsClose CommentsPermalink





`The term `bodily injury' means--CommentsClose CommentsPermalink





`(A) a cut, abrasion, bruise, burn, or disfigurement;CommentsClose CommentsPermalink





`(B) physical pain;CommentsClose CommentsPermalink





`(C) illness;CommentsClose CommentsPermalink





`(D) impairment of the function of a bodily member, organ, or mental or sensory faculty; orCommentsClose CommentsPermalink





`(E) any other injury to the body, no matter how temporary.CommentsClose CommentsPermalink





`The term `child' means an individual who is less than 18 years of age.CommentsClose CommentsPermalink





`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.CommentsClose CommentsPermalink





`The term `crime of violence' means--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`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.CommentsClose CommentsPermalink





`The term `facility of interstate or foreign commerce' includes a means of transportation and communication in or affecting interstate or foreign commerce;CommentsClose CommentsPermalink





`The term `Federal health care offense' means a violation of--CommentsClose CommentsPermalink





`(A) section 656, 792, 806, or 1141;CommentsClose CommentsPermalink





`(B) section 504, 651, 653, 772, 782, 801, 803, or 1017 if the violation relates to a health care benefit program.CommentsClose CommentsPermalink





`The term `financial institution' means--CommentsClose CommentsPermalink





`(A) an institution, with deposits insured by the Federal Deposit Insurance Corporation;CommentsClose CommentsPermalink





`(B) the Federal Reserve or a member of the Federal Reserve including any Federal Reserve Bank;CommentsClose CommentsPermalink





`(C) a credit union with accounts insured by the National Credit Union Administration;CommentsClose CommentsPermalink





`(D) a member of the Federal home loan bank system and any home loan bank;CommentsClose CommentsPermalink





`(E) any institution of the Farm Credit System under the Farm Credit Act of 1971;CommentsClose CommentsPermalink





`(F) a broker-dealer registered with the Securities and Exchange Commission pursuant to section 15 of the Securities Exchange Act of 1934;CommentsClose CommentsPermalink





`(G) the Securities Investor Protection Corporation;CommentsClose CommentsPermalink





`(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); andCommentsClose CommentsPermalink





`(I) an organization operating under section 25 or section 25(a) of the Federal Reserve Act.CommentsClose CommentsPermalink





`The term `foreign commerce' means commerce with a foreign country.CommentsClose CommentsPermalink





`The term `foreign government'except in sections 102, 112, 121, 144, or 959, includes any government, faction, or body of insurgents within a country with which the United States is at peace, irrespective of recognition by the United States.CommentsClose CommentsPermalink





`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.CommentsClose CommentsPermalink





`The term `interstate commerce' means commerce between two States.CommentsClose CommentsPermalink





`The term `national of the United States' has the meaning given in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).CommentsClose CommentsPermalink





`The term `national bank' is synonymous with `national banking association'.CommentsClose CommentsPermalink





`The term `obligation or other security of any foreign government' includes uncanceled stamps, whether or not demonetized.CommentsClose CommentsPermalink





`The term `organization' means a person other than an individual.CommentsClose CommentsPermalink





`The term `person' and the term `whoever', unless the context otherwise requires, include any entity capable of holding a legal or beneficial interest in property as well as an individual, and where used as a victim of an offense, includes a government.CommentsClose CommentsPermalink





`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.CommentsClose CommentsPermalink





`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.CommentsClose CommentsPermalink





`The term `serious bodily injury' means--CommentsClose CommentsPermalink





`(A) bodily injury which involves--CommentsClose CommentsPermalink





`(i) a substantial risk of death or unconsciousness;CommentsClose CommentsPermalink





`(ii) extreme physical pain;CommentsClose CommentsPermalink





`(iii) protracted and obvious disfigurement; orCommentsClose CommentsPermalink





`(iv) protracted loss or impairment of the function of a bodily member, organ, or mental or sensory faculty; orCommentsClose CommentsPermalink





`(B) conduct that, had it occurred in the special maritime or territorial jurisdiction of the United States, would have violated subchapter A of chapter 13.CommentsClose CommentsPermalink





`The term `special maritime and territorial jurisdiction of the United States' means the following:CommentsClose CommentsPermalink





`(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, 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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(D) Any aircraft belonging in whole or in part to the United States, or any citizen thereof, or to any corporation created by or under the laws of the United States, or any State, 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.CommentsClose CommentsPermalink





`(E) Any vehicle used or designed for flight or navigation in space and on the registry of the United States pursuant to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies and the Convention on Registration of Objects Launched into Outer Space, while that vehicle is in flight, which is from the moment when all external doors are closed on Earth following embarkation until the moment when one such door is opened on Earth for disembarkation or in the case of a forced landing, until the competent authorities take over the responsibility for the vehicle and for persons and property aboard.CommentsClose CommentsPermalink





`(F) Any place outside the jurisdiction of any nation with respect to an offense by or against a national of the United States.CommentsClose CommentsPermalink





`(G) To the extent permitted by international law, any foreign vessel during a voyage having a scheduled departure from or arrival in the United States with respect to an offense committed by or against a national of the United States.CommentsClose CommentsPermalink





`(H) With respect to offenses committed by or against a national of the United States--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





Nothing in clause (ii) supersedes any treaty or international agreement. Clause (ii) does not apply with respect to an offense committed by a person described in section 3261(a).CommentsClose CommentsPermalink





`The term `State' means a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.CommentsClose CommentsPermalink





`The term `substantial bodily injury' means bodily injury which involves--CommentsClose CommentsPermalink





`(A) a temporary but substantial disfigurement; orCommentsClose CommentsPermalink





`(B) a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental or sensory faculty.CommentsClose CommentsPermalink





`The term `United States', unless the context otherwise requires, includes all places and waters, continental or insular, subject to the jurisdiction of the United States.CommentsClose CommentsPermalink





`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.CommentsClose CommentsPermalink

`CHAPTER 3--CRIMINAL RESPONSIBILITY

`Sec.CommentsClose CommentsPermalink

`2. Principals.CommentsClose CommentsPermalink





`3. Accessory after the fact.CommentsClose CommentsPermalink





`4. Misprision of felony.CommentsClose CommentsPermalink





`5. Conspiracy.CommentsClose CommentsPermalink





`6. Attempt.CommentsClose CommentsPermalink





`7. Solicitation to commit a crime of violence.CommentsClose CommentsPermalink

`Sec. 2. Principals

`(a) GENERALLY- Whoever commits an offense against the United States or aids, abets, counsels, commands, induces, or procures its commission, is punishable as a principal.CommentsClose CommentsPermalink





`(b) FOR CONDUCT OF OTHERS- Whoever intentionally causes conduct by another that is an offense against the United States, is punishable as a principal for that offense.CommentsClose CommentsPermalink

`Sec. 3. Accessory after the fact

`(a) OFFENSE- Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment, is an accessory after the fact.CommentsClose CommentsPermalink





`(b) PUNISHMENT- Except as otherwise expressly provided by Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years.CommentsClose CommentsPermalink

`Sec. 4. Misprision of felony

`Whoever, having knowledge of the actual commission of a felony offense against the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be imprisoned not more than three years.CommentsClose CommentsPermalink

`Sec. 5. Conspiracy

`Unless otherwise provided by law, if two or more persons conspire to commit any offense against the United States, and one or more of such persons do any act to effect the object of the conspiracy, each shall be punished for the offense which is the object of the conspiracy.CommentsClose CommentsPermalink

`Sec. 6. Attempt

`(a) GENERAL RULE- Unless otherwise provided by law, whoever attempts to commit an offense shall be punished as is provided for the completed offense.CommentsClose CommentsPermalink





`(b) EXCEPTIONS- Subsection (a) does not apply to any provision that specifically exempts itself from the application of this section.CommentsClose CommentsPermalink

`Sec. 7. Solicitation to commit a crime of violence

`(a) OFFENSE- Whoever, with intent that another person engage in a Federal offense that is a felony crime of violence and under circumstances strongly corroborative of that intent, solicits such other person to engage in that offense, shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited, or both; or if the crime solicited is punishable by life imprisonment or death, shall be imprisoned for not more than 20 years.CommentsClose CommentsPermalink





`(b) AFFIRMATIVE DEFENSE- It is an affirmative defense to a prosecution under this section that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant prevented the commission of the crime solicited. A renunciation is not `voluntary and complete' if it is motivated in whole or in part by a decision to postpone the commission of the crime until another time or to substitute another victim or another but similar objective.CommentsClose CommentsPermalink





`(c) LIMITATION ON DEFENSES- It is not a defense to a prosecution under this section that the person solicited could not be convicted of the crime because that person lacked the state of mind required for its commission, was incompetent or irresponsible, or is immune from prosecution, or not subject to, prosecution.CommentsClose CommentsPermalink

`CHAPTER 5--OTHER GENERAL PROVISIONS

`SubchapterCommentsClose CommentsPermalink

--Sec.CommentsClose CommentsPermalink

21CommentsClose CommentsPermalink

31CommentsClose CommentsPermalink

`SUBCHAPTER A--DEFENSES

`Sec.CommentsClose CommentsPermalink

`21. Affirmative defenses.CommentsClose CommentsPermalink





`22. Insanity defense.CommentsClose CommentsPermalink

`21. Affirmative defenses

`If a provision of law provides an affirmative defense to a prosecution for an offense, the defendant must prove the elements of that defense by a preponderance of the evidence.CommentsClose CommentsPermalink

`Sec. 22. Insanity defense

`(a) Affirmative Defense- It is an affirmative defense to a prosecution under any Federal statute that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense.CommentsClose CommentsPermalink





`(b) Burden of Proof- The defendant has the burden of proving the defense of insanity by clear and convincing evidence.CommentsClose CommentsPermalink

`SUBCHAPTER B--GENERAL RULES PERTAINING TO CRIMINAL OFFENSES

`Sec.CommentsClose CommentsPermalink

`31. Non-preemption.CommentsClose CommentsPermalink

`Sec. 31. Non-preemption

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

`CHAPTER 10--VIOLENT CRIMES AGAINST PERSONS

`SubchapterCommentsClose CommentsPermalink

--Sec.CommentsClose CommentsPermalink

101CommentsClose CommentsPermalink

111CommentsClose CommentsPermalink

121CommentsClose CommentsPermalink

131CommentsClose CommentsPermalink

136CommentsClose CommentsPermalink

141CommentsClose CommentsPermalink

155CommentsClose CommentsPermalink

161CommentsClose CommentsPermalink

171CommentsClose CommentsPermalink

`SUBCHAPTER A--HOMICIDE

`Sec.CommentsClose CommentsPermalink

`101. Homicide.CommentsClose CommentsPermalink





`102. Federally punishable homicides.CommentsClose CommentsPermalink





`103. Penalties for murders punishable under section 102; attempts and conspiracies.CommentsClose CommentsPermalink





`104. Penalties for manslaughters punishable under section 102; attempts.CommentsClose CommentsPermalink





`105. Misconduct or neglect of ship officers.CommentsClose CommentsPermalink

`Sec. 101. Homicide

`Unless otherwise provided by Act of Congress, if a Federal law makes the killing of a human being an offense, the following categories shall apply with respect to that offense:CommentsClose CommentsPermalink





`(1) MURDER-CommentsClose CommentsPermalink





`(A) ELEMENTS OF OFFENSE- Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree. Any other murder is murder in the second degree.CommentsClose CommentsPermalink





`(B) DEFINITIONS- In this paragraph--CommentsClose CommentsPermalink





`(i) the term `assault' means conduct that consists an assault as described in section 111;CommentsClose CommentsPermalink





`(ii) the term `child' means a child who is under the perpetrator's care or control or at least six years younger than the perpetrator;CommentsClose CommentsPermalink





`(iii) the term `child abuse' means intentionally causing death or serious bodily injury to a child;CommentsClose CommentsPermalink





`(iv) the term `pattern or practice of assault or torture' means assault or torture engaged in on at least two occasions; andCommentsClose CommentsPermalink





`(v) the term `torture' means conduct, whether or not committed under the color of law, that otherwise satisfies the definition of that term set forth in section 1293.CommentsClose CommentsPermalink





`(2) MANSLAUGHTER- Manslaughter is the unlawful killing of a human being without malice. It is of two kinds:CommentsClose CommentsPermalink





`(A) VOLUNTARY- Upon a sudden quarrel or heat of passion.CommentsClose CommentsPermalink





`(B) INVOLUNTARY- In the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death.CommentsClose CommentsPermalink

`Sec. 102. Federally punishable homicides

`In addition to any other homicides made punishable by law, the following are Federal offenses:CommentsClose CommentsPermalink





`(1) SPECIAL MARITIME AND TERRITORIAL JURISDICTION- A killing in the special maritime and territorial jurisdiction of the United States.CommentsClose CommentsPermalink





`(2) OFFICERS AND EMPLOYEES AND FORMER OFFICERS AND EMPLOYEES OF THE UNITED STATES- A killing of any officer or employee, or any former officer or employee, of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties, or any individual assisting such an officer or employee in the performance of such duties or on account of that assistance.CommentsClose CommentsPermalink





`(3) FAMILY MEMBERS OF OFFICERS AND EMPLOYEES AND FORMER OFFICERS AND EMPLOYEES OF THE UNITED STATES- A killing, with the intent to impede, intimidate, or interfere with an individual described in paragraph (2) while that individual is engaged in the performance of official duties, or with intent to retaliate against such individual on account of the performance of official duties of that individual, of a member of that indvidual's family.CommentsClose CommentsPermalink





`(4) FOREIGN OFFICIALS, OFFICIAL GUESTS, AND INTERNATIONALLY PROTECTED PERSONS- A killing of a foreign official, official guest, or internationally protected person.CommentsClose CommentsPermalink





`(5) BY NATIONAL OF THE UNITED STATES ABROAD- A killing, by a national of the United States, of a national of the United States while the victim is outside the United States but within the jurisdiction of another country.CommentsClose CommentsPermalink





`(6) KILLINGS BY ESCAPED PRISONERS- A killing of a person by an individual who has escaped from a Federal correctional institution where the individual was confined under a sentence for a term of life imprisonment.CommentsClose CommentsPermalink





`(7) CONGRESSIONAL, CABINET, AND SUPREME COURT ASSASSINATION- A killing of an individual who is a Member of Congress or a Member-of-Congress-elect, a member of the executive branch of the Government who is the head, or a person nominated to be head during the pendency of such nomination, of a department listed in section 101 of title 5 or the second ranking official in such department, the Director (or a person nominated to be Director during the pendency of such nomination) or Deputy Director of Central Intelligence, or a Justice of the United States, as defined in section 451 of title 28, or a person nominated to be a Justice of the United States, during the pendency of such nomination.CommentsClose CommentsPermalink





`(8) PRESIDENTIAL AND PRESIDENTIAL STAFF ASSASSINATION- A killing of an individual who is--CommentsClose CommentsPermalink





`(A) the President of the United States, the President-elect, the Vice President, or, if there is no Vice President, the officer next in the order of succession to the Office of the President of the United States, the Vice President-elect, or any person who is acting as President under the Constitution and laws of the United States;CommentsClose CommentsPermalink





`(B) a major Presidential or Vice Presidential candidate (as defined in section 3056 of this title); orCommentsClose CommentsPermalink





`(C) a person appointed under section 105(a)(2)(A) of title 3 employed in the Executive Office of the President or appointed under section 106(a)(1)(A) of title 3 employed in the Office of the Vice President.CommentsClose CommentsPermalink





`(9) OF NATIONAL ABROAD- The killing of an individual outside the United States who is a national of the United States.CommentsClose CommentsPermalink





`(10) KILLINGS BY PRISONER- The killing of another by a person confined under a sentence of life imprisonment in a Federal correctional facility.CommentsClose CommentsPermalink

`Sec. 103. Penalties for murders punishable under section 102; attempts and conspiracies

`(a) MURDER- A murder that is an offense under section 102 is punishable by--CommentsClose CommentsPermalink





`(1) death or imprisonment for life for first degree murder; andCommentsClose CommentsPermalink





`(2) imprisonment for any term of years or for life for second degree murder.CommentsClose CommentsPermalink





`(b) ATTEMPTED MURDER-CommentsClose CommentsPermalink





`(1) GENERALLY- Except as provided in paragraph (2), whoever attempts to commit a murder that is an offense under section 102 shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink





`(2) SPECIAL RULE RELATING TO CONGRESSIONAL, CABINET, AND SUPREME COURT ASSASSINATIONS AND PRESIDENTIAL AND PRESIDENTIAL STAFF ASSASSINATIONS- If the offense attempted is against an individual described in paragraph (9) or (10) of section 102 the penalty is imprisonment for any term of years or for life.CommentsClose CommentsPermalink





`(c) CONSPIRACY TO MURDER- If two or more persons conspire to commit an offense under section 102 and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life, but in the case of a conspiracy to commit an offense against a individual described in paragraph (9) or (10) of section 102, if death results to the individual whose killing was the object of the conspiracy, the penalty is death or imprisonment for any term of years or for life.CommentsClose CommentsPermalink

`Sec. 104. Penalties for manslaughters punishable under section 102; attempts

`(a) PENALTY FOR MANSLAUGHTER- A manslaughter that is an offense under section 102 is punishable by--CommentsClose CommentsPermalink





`(1) imprisonment for not more than ten years, for voluntary manslaughter; andCommentsClose CommentsPermalink





`(2) imprisonment for not more than six years, for involuntary manslaughter.CommentsClose CommentsPermalink





`(b) ATTEMPTED MANSLAUGHTER- Whoever attempts to commit a manslaughter that would be punishable under section 102 shall be imprisoned not more than 7 years.CommentsClose CommentsPermalink

`Sec. 105. Misconduct or neglect of ship officers

`(a) OFFICERS- Every captain, engineer, pilot, or other person employed on any steamboat or vessel, by whose misconduct, negligence, or inattention to his duties on such vessel the life of any person is destroyed, and every owner, charterer, inspector, or other public officer, through whose fraud, neglect, connivance, misconduct, or violation of law the life of any person is destroyed, shall be imprisoned not more than ten years.CommentsClose CommentsPermalink





`(b) OWNERS- When the owner or charterer of any steamboat or vessel is a corporation, any executive officer of such corporation, for the time being actually charged with the control and management of the operation, equipment, or navigation of such steamboat or vessel, who has knowingly and willfully caused or allowed such fraud, neglect, connivance, misconduct, or violation of law, by which the life of any person is destroyed, shall be imprisoned not more than ten years.CommentsClose CommentsPermalink

`SUBCHAPTER B--ASSAULT AND RELATED OFFENSES

`Sec.CommentsClose CommentsPermalink

`111. Assault.CommentsClose CommentsPermalink





`112. Individuals federally protected from assault.CommentsClose CommentsPermalink





`113. Interference with Federal officers and employees.CommentsClose CommentsPermalink





`114. Domestic assault by an habitual offender.CommentsClose CommentsPermalink

`Sec. 111. Assault

`Unless otherwise provided by Act of Congress, if a Federal law prohibits an assault against an individual, the following punishments shall apply with respect to that offense:CommentsClose CommentsPermalink





`(1) Assault with intent to commit murder, a felony under subchapter (A) of chapter 10, or with intent to maim, disfigure, or torture, by imprisonment for not more than 20 years.CommentsClose CommentsPermalink





`(2) Assault with intent to commit any felony, except murder or a felony under subchapter (A) of chapter 10, by imprisonment for not more than ten years.CommentsClose CommentsPermalink





`(3) Assault with a dangerous weapon, with intent to do bodily harm, and without just cause or excuse, by imprisonment for not more than ten years.CommentsClose CommentsPermalink





`(4) Assault resulting in serious bodily injury, by imprisonment for not more than ten years.CommentsClose CommentsPermalink





`(5) Assault resulting in substantial bodily injury to an individual who has not attained the age of 16 years, by imprisonment for not more than 5 years.CommentsClose CommentsPermalink





`(6) Assault by striking, beating, or wounding, by imprisonment for not more than six months.CommentsClose CommentsPermalink





`(7) Simple assault, by imprisonment for not more than six months, or if the victim of the assault is an individual who has not attained the age of 16 years, by imprisonment for not more than 1 year.CommentsClose CommentsPermalink

`Sec. 112. Individuals federally protected from assault

`It is an offense to assault any individual whose killing is a Federal offense under section 102.CommentsClose CommentsPermalink

`Sec. 113. Interference with Federal officers and employees

`Whoever interferes with any officer or employee of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties, or any individual assisting such an officer or employee in the performance of such duties or on account of that assistance while that person is engaged in, or on account of, the performance, official duties shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 114. Domestic assault by an habitual offender

`(a) In General- Any person who commits a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country and who has a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for offenses that would be, if subject to Federal jurisdiction--CommentsClose CommentsPermalink





`(1) any assault, sexual abuse, or serious violent felony against a spouse or intimate partner; orCommentsClose CommentsPermalink





`(2) an offense under chapter 110A,CommentsClose CommentsPermalink





shall be imprisoned for a term of not more than 5 years, but if substantial bodily injury results from the offense under this section, the offender shall be imprisoned for a term of not more than 10 years.CommentsClose CommentsPermalink





`(b) Domestic Assault Defined- In this section, the term `domestic assault' means an assault committed by a current or former spouse, parent, child, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, child, or guardian, or by a person similarly situated to a spouse, parent, child, or guardian of the victim.CommentsClose CommentsPermalink

`SUBCHAPTER C--KIDNAPPING

`Sec.CommentsClose CommentsPermalink

`121. Kidnapping.CommentsClose CommentsPermalink





`122. Ransom money.CommentsClose CommentsPermalink





`123. Hostage taking.CommentsClose CommentsPermalink





`124. International parental kidnapping.CommentsClose CommentsPermalink

`Sec. 121. Kidnapping

`(a) BASIC OFFENSE- Except in the case of a child by the parent thereof, whoever, as made applicable by subsection (b), kidnaps an individual shall be imprisoned any term of years or for life and, if death results to any individual, shall be punished by death or life imprisonment.CommentsClose CommentsPermalink





`(b) CIRCUMSTANCES REQUIRED- Subsection (a) applies if--CommentsClose CommentsPermalink





`(1) the victim or the victim's body is transported in interstate or foreign commerce, regardless of whether the victim was alive when transported across a State boundary if the victim was alive when the transportation began; orCommentsClose CommentsPermalink





`(2) the victim is an individual whose killing is a Federal offense under section 102.CommentsClose CommentsPermalink





`(c) PRESUMPTION- With respect to a violation of subsection (a), based on the circumstance described in subsection (b)(1), the failure to release the victim within 24 hours after the victim was kidnapped creates a rebuttable presumption that the victim has been transported in interstate or foreign commerce. However, the fact that the presumption under this section has not yet taken effect does not preclude a Federal investigation of a possible violation of this section.CommentsClose CommentsPermalink





`(d) CONSPIRACY PENALTY- If two or more persons conspire to violate subsection (a) and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life. If the individual whose kidnapping was the object of the conspiracy is an individual listed in paragraph (9) or (10) of section 102, the death penalty may be imposed if death results.CommentsClose CommentsPermalink





`(e) ATTEMPTS- Whoever attempts to violate subsection (a) shall be punished by imprisonment for not more than 20 years but if the individual whose kidnapping was attempted is described in paragraph (9) or (10) of section 102, the offender shall be imprisoned for any term of years or for life.CommentsClose CommentsPermalink





`(f) Special Rule for Certain Offenses Involving Children- If the victim of an offense under this section is a child and the offender--CommentsClose CommentsPermalink





`(1) is not a child; andCommentsClose CommentsPermalink





`(2) is not--CommentsClose CommentsPermalink





`(A) a parent;CommentsClose CommentsPermalink





`(B) a grandparent;CommentsClose CommentsPermalink





`(C) a brother;CommentsClose CommentsPermalink





`(D) a sister;CommentsClose CommentsPermalink





`(E) an aunt;CommentsClose CommentsPermalink





`(F) an uncle; orCommentsClose CommentsPermalink





`(G) an individual having legal custody of the victim;CommentsClose CommentsPermalink





the sentence under this section for such offense shall include imprisonment for not less than 20 years.CommentsClose CommentsPermalink





`(g) DEFINITION FOR SECTION- As used in this section, the term `parent' does not include a person whose parental rights with respect to the victim of an offense under this section have been terminated by a final court order.CommentsClose CommentsPermalink

`Sec. 122. Ransom money

`(a) FEDERAL- Whoever receives, possesses, or disposes of any money or other property, or any portion thereof, which has at any time been delivered as ransom or reward in connection with a violation of section 121, knowing it to be such, shall be imprisoned not more than ten years.CommentsClose CommentsPermalink





`(b) STATE- Whoever transports, transmits, or transfers in interstate or foreign commerce any proceeds of a kidnapping punishable under State law by imprisonment for more than 1 year, or receives, possesses, conceals, or disposes of any such proceeds after they have crossed a State or United States boundary, knowing the proceeds to have been unlawfully obtained, shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink

`Sec. 123. Hostage taking

`(a) OFFENSE- Except as provided in subsection (b) of this section, whoever, whether inside or outside the United States, seizes or detains and threatens to kill, to injure, or to continue to detain another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so, shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment.CommentsClose CommentsPermalink





`(b) EXCLUSIONS-CommentsClose CommentsPermalink





`(1) It is not an offense under this section if the conduct required for the offense occurred outside the United States unless--CommentsClose CommentsPermalink





`(A) the offender or the person seized or detained is a national of the United States;CommentsClose CommentsPermalink





`(B) the offender is found in the United States; orCommentsClose CommentsPermalink





`(C) the governmental organization sought to be compelled is the Government of the United States.CommentsClose CommentsPermalink





`(2) It is not an offense under this section if the conduct required for the offense occurred inside the United States, each alleged offender and each person seized or detained are nationals of the United States, and each alleged offender is found in the United States, unless the governmental organization sought to be compelled is the Government of the United States.CommentsClose CommentsPermalink

`Sec. 124. International parental kidnapping

`(a) OFFENSE- Whoever removes a child from the United States, or attempts to do so, or retains a child (who has been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights shall be imprisoned not more than 3 years.CommentsClose CommentsPermalink





`(b) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the term `child' means a person who has not attained the age of 16 years; andCommentsClose CommentsPermalink





`(2) the term `parental rights', with respect to a child, means the right to physical custody of the child--CommentsClose CommentsPermalink





`(A) whether joint or sole (and includes visiting rights); andCommentsClose CommentsPermalink





`(B) whether arising by operation of law, court order, or legally binding agreement of the parties.CommentsClose CommentsPermalink





`(c) AFFIRMATIVE DEFENSE- It is an affirmative defense under this section that--CommentsClose CommentsPermalink





`(1) the defendant acted within the provisions of a valid court order granting the defendant legal custody or visitation rights and that order was obtained pursuant to the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act and was in effect at the time of the offense;CommentsClose CommentsPermalink





`(2) the defendant was fleeing an incidence or pattern of domestic violence; orCommentsClose CommentsPermalink





`(3) the defendant had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant's control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible.CommentsClose CommentsPermalink





`(d) EFFECT ON HAGUE CONVENTION- This section does not limit The Hague Convention on the Civil Aspects of International Parental Child Abduction, done at The Hague on October 25, 1980.CommentsClose CommentsPermalink

`SUBCHAPTER D--THREATS AGAINST SPECIALLY PROTECTED PERSONS

`Sec.CommentsClose CommentsPermalink

`131. Threats against officers or employees of the United States, and other specially protected persons.CommentsClose CommentsPermalink

`Sec. 131. Threats against officers or employees of the United States, and other specially protected persons

`Whoever threatens to kill, kidnap, or inflict bodily harm upon--CommentsClose CommentsPermalink





`(1) an individual described in paragraph (2) or (3) of section 102 on account of the performance of official duties;CommentsClose CommentsPermalink





`(2) an individual described in paragraph (4), (7), or (8) of section 102;CommentsClose CommentsPermalink





`(3) a former President of the United States;CommentsClose CommentsPermalink





`(4) a member of the immediate family of the President, the President-elect, the Vice President, or the Vice President-elect;CommentsClose CommentsPermalink





`(5) a major candidate for the office of President or Vice President, or a member of the immediate family of such candidate; orCommentsClose CommentsPermalink





`(6) a person protected by the Secret Service under section 3056(a)(6);CommentsClose CommentsPermalink





shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink

`SUBCHAPTER E--DEFINITIONS AND GENERAL PROVISIONS FOR SUBCHAPTERS A THROUGH D

`Sec.CommentsClose CommentsPermalink

`136. Definitions for subchapters A through D.CommentsClose CommentsPermalink





`137. Special rules relating to offenses against certain types of victims.CommentsClose CommentsPermalink

`Sec. 136. Definitions for subchapters A through D

`Unless otherwise provided, in subchapters A through D, the following definitions apply:CommentsClose CommentsPermalink





`(1) The term `family' with respect to an individual, means--CommentsClose CommentsPermalink





`(A) a spouse, parent, brother or sister, child, or person to whom the individual stands in loco parentis; orCommentsClose CommentsPermalink





`(B) any other person living in the individual's household and related to the individual by blood or marriage.CommentsClose CommentsPermalink





`(2) The term `foreign government' means the government of a foreign country, irrespective of recognition by the United States.CommentsClose CommentsPermalink





`(3) The term `foreign official' means--CommentsClose CommentsPermalink





`(A) a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; orCommentsClose CommentsPermalink





`(B) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of that person's family whose presence in the United States is in connection with the presence of such officer or employee.CommentsClose CommentsPermalink





`(4) The term `internationally protected person' means an individual who is--CommentsClose CommentsPermalink





`(A) a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of that individual's family accompanying that individual; orCommentsClose CommentsPermalink





`(B) any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of that individual's family then forming part of his household.CommentsClose CommentsPermalink





`(5) The term `international organization' means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288) or a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs.CommentsClose CommentsPermalink





`(6) The term `official guest' means a citizen or national of a foreign country present in the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State.CommentsClose CommentsPermalink





`(7) The terms `President-elect' and `Vice President-elect' mean those persons who are the apparently successful candidates for the offices of President and Vice President, respectively, as ascertained from the result of the general elections held to determine the electors of President and Vice President under sections 1 and 2 of title 3.CommentsClose CommentsPermalink

`Sec. 137. Special rules relating to offenses against certain types of victims

`(a) Extraterritorial Jurisdiction-CommentsClose CommentsPermalink





`(1) PRESIDENTIAL AND CONGRESSIONAL VICTIMS- There is extraterritorial jurisdiction over an offense under any of subchapters A through D against a victim described in paragraph (9) or (10) of section 102.CommentsClose CommentsPermalink





`(2) INTERNATIONALLY PROTECTED PERSONS- There is extraterritorial jurisdiction over an offense under any of subchapters A through D the victim of which is an internationally protected person outside the United States, if--CommentsClose CommentsPermalink





`(A) the victim is a representative, officer, employee, or agent of the United States;CommentsClose CommentsPermalink





`(B) an offender is a national of the United States; orCommentsClose CommentsPermalink





`(C) an offender is afterwards found in the United States.CommentsClose CommentsPermalink





`(b) Use of Military With Respect to Certain Offenses- With respect to an offense under this chapter, or an attempt or conspiracy to commit such an offense, if an element of the offense is that the victim be individual described in paragraph (9) or (10) of section 102, a foreign official, an internationally protected person, or an official guest, the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force.CommentsClose CommentsPermalink





`(c) SPECIAL PROVISIONS RELATING TO OFFENSES INVOLVING PRESIDENTIAL OR CONGRESSIONAL VICTIMS- With respect to an offense under paragraph (9) or (10) of section 102--CommentsClose CommentsPermalink





`(1) if Federal investigative or prosecutive jurisdiction is asserted, that assertion suspends the exercise of jurisdiction by a State or local authority, under any applicable State or local law, until Federal action is terminated;CommentsClose CommentsPermalink





`(2) the Federal Bureau of Investigation shall have investigative authority; andCommentsClose CommentsPermalink





`(3) in a prosecution, the Government need not prove that the defendant knew that the victim of the offense was an individual who is protected by that paragraph.CommentsClose CommentsPermalink





`(d) APPROVAL REQUIRED FOR PROSECUTIONS RELATING TO UNITED STATES NATIONALS KILLED OVERSEAS-CommentsClose CommentsPermalink





`(1) APPROVAL REQUIRED- No prosecution may be instituted against any person under section 101(a)(5) except upon the written approval of the Attorney General, the Deputy Attorney General, or an Assistant Attorney General, which function of approving prosecutions may not be delegated. No prosecution shall be approved if prosecution has been previously undertaken by a foreign country for the same conduct.CommentsClose CommentsPermalink





`(2) BASIS FOR APPROVAL- No prosecution shall be approved under this subsection unless the Attorney General, in consultation with the Secretary of State, determines that the conduct took place in a country in which the person is no longer present, and the country lacks the ability to lawfully secure the person's return. A determination by the Attorney General under this paragraph is not subject to judicial review.CommentsClose CommentsPermalink





`(e) CERTIFICATION OF TERRORISM RELATION REQUIRED FOR CERTAIN PROSECUTIONS RELATING TO KILLING OR ATTACKING NATIONALS OF THE UNITED STATES ABROAD- No prosecution for any offense described in section 102(11) or 116 shall be undertaken by the United States except on written certification of the Attorney General or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions that, in the judgment of the certifying official, such offense was intended to coerce, intimidate, or retaliate against a government or a civilian population.CommentsClose CommentsPermalink

`SUBCHAPTER F--ROBBERY, EXTORTION, AND RELATED THREATS

`Sec.CommentsClose CommentsPermalink

`141. Robbery in special maritime and territorial jurisdiction.CommentsClose CommentsPermalink





`142. Robbery of personal property of United States.CommentsClose CommentsPermalink





`143. Bank robbery and incidental crimes.CommentsClose CommentsPermalink





`144. Communication of ransom demands and other threatening communications in or affecting commerce.CommentsClose CommentsPermalink





`145. Extortion by officers or employees of the United States.CommentsClose CommentsPermalink





`146. Receiving the proceeds of extortion.CommentsClose CommentsPermalink

`Sec. 141. Robbery in special maritime and territorial jurisdiction

`Whoever, within the special maritime and territorial jurisdiction of the United States, by force and violence, or by intimidation, takes or attempts to take from the person or presence of another anything of value, shall be imprisoned not more than 15 years.CommentsClose CommentsPermalink

`Sec. 142. Robbery of personal property of United States

`Whoever robs or attempts to rob another of any kind or description of personal property belonging to the United States, shall be imprisoned not more than 15 years.CommentsClose CommentsPermalink

`Sec. 143. Bank robbery and incidental crimes

`(a) AGGRAVATED OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain by extortion any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association; orCommentsClose CommentsPermalink





`(2) enters or attempts to enter any bank, credit union, or any savings and loan association, or any building used in whole or in part as a bank, credit union, or as a savings and loan association, with intent to commit in such bank, credit union, or in such savings and loan association, or building, or part thereof, so used, any felony affecting such bank, credit union, or such savings and loan association and in violation of any statute of the United States, or any larceny;CommentsClose CommentsPermalink





shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink





`(b) Taking and Carrying Away Property Over $1,000 in Value- Whoever takes and carries away, with intent to steal or purloin any property or money or any other thing of value exceeding $1,000 belonging to, or in the care, custody, control, management, or possession of any bank, credit union, or any savings and loan association, shall be fined under this title or imprisoned not more than ten years, or both.CommentsClose CommentsPermalink





`(c) Taking and Carrying Away Property of $1,000 or less in Value- Whoever takes and carries away, with intent to steal or purloin, any property or money or any other thing of value not exceeding $1,000 belonging to, or in the care, custody, control, management, or possession of any bank, credit union, or any savings and loan association, shall be fined under this title or imprisoned not more than one year, or both.CommentsClose CommentsPermalink





`(c) RECEIVING STOLEN BANK PROPERTY- Whoever receives, possesses, conceals, stores, barters, sells, or disposes of, any property or money or other thing of value which has been taken or stolen from a bank, credit union, or savings and loan association in violation of subsection (b) or (c), knowing the same to be property which has been stolen shall be subject to the punishment provided in subsection (b) or (c) for the taker.CommentsClose CommentsPermalink





`(d) ASSAULTING PERSON OR PLACING LIFE IN JEOPARDY- Whoever, in committing, or in attempting to commit, any offense defined in subsections (a) through (c), assaults any person, or puts in jeopardy the life of any person by the use of a dangerous weapon or device, shall be imprisoned not more than 25 years.CommentsClose CommentsPermalink





`(e) KILLING AND KIDNAPING- Whoever, in committing any offense defined in this section, or in avoiding or attempting to avoid apprehension for the commission of such offense, or in freeing himself or attempting to free himself from arrest or confinement for such offense, kills any person, or forces any person to accompany him without the consent of such person, shall be imprisoned not less than ten years, or if death results shall be punished by death or life imprisonment.CommentsClose CommentsPermalink





`(f) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the term `bank' means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operating under the laws of the United States, including a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), and any institution the deposits of which are insured by the Federal Deposit Insurance Corporation;CommentsClose CommentsPermalink





`(2) the term `credit union' means any Federal credit union and any State-chartered credit union the accounts of which are insured by the National Credit Union Administration Board, and any `Federal credit union' as defined in section 2 of the Federal Credit Union Act;CommentsClose CommentsPermalink





`(3) the term `State-chartered credit union' includes a credit union chartered under the laws of a State; andCommentsClose CommentsPermalink





`(4) the term `savings and loan association' means--CommentsClose CommentsPermalink





`(A) a Federal savings association or State savings association (as defined in section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813(b))) having accounts insured by the Federal Deposit Insurance Corporation; andCommentsClose CommentsPermalink





`(B) a corporation described in section 3(b)(1)(C) of the Federal Deposit Insurance Act (12 U.S.C. 1813(b)(1)(C)) that is operating under the laws of the United States.CommentsClose CommentsPermalink

`Sec. 144. Communication of ransom demands and other threatening communications in or affecting commerce

`(a) Kidnap Ransom- Whoever knowingly transmits, in or affecting interstate or foreign commerce, any communication containing any demand or request for a ransom or reward for the release of any kidnapped person shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink





`(b) Threats to Kidnap or Injure- Whoever, with intent to extort from any person any money or other thing of value, knowingly transmits, in or affecting interstate commerce, any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink





`(d) Threats to Property or Reputation With Intent to Extort- Whoever, with intent to extort from any person any money or other thing of value, knowingly transmits, in or affecting interstate or foreign commerce, any communication containing any threat--CommentsClose CommentsPermalink





`(1) to injure the property or reputation of another or the reputation of a deceased person; orCommentsClose CommentsPermalink





`(2) to accuse another of a crime;CommentsClose CommentsPermalink





shall be or imprisoned not more than 10 years.CommentsClose CommentsPermalink

`Sec. 145. Extortion by officers or employees of the United States

`Whoever, being an officer, or employee of the United States or any department or agency thereof, or representing oneself to be or assuming to act as such, under color or pretense of office or employment commits or attempts an act of extortion, shall be imprisoned not more than three years; but if the amount so extorted or demanded does not exceed $1,000, the offender shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 146. Receiving the proceeds of extortion

`Whoever receives, possesses, conceals, or disposes of any money or other property which was obtained from the commission of any offense under this subchapter that is punishable by imprisonment for more than 1 year, knowing the same to have been unlawfully obtained, shall be imprisoned not more than 3 years.CommentsClose CommentsPermalink

`SUBCHAPTER G--EXTORTIONATE CREDIT TRANSACTIONS

`Sec.CommentsClose CommentsPermalink

`155. Making extortionate extensions of credit.CommentsClose CommentsPermalink





`156. Financing extortionate extensions of credit.CommentsClose CommentsPermalink





`157. Collection of extensions of credit by extortionate means.CommentsClose CommentsPermalink





`158. Effect on State laws.CommentsClose CommentsPermalink





`159. Definitions and rules of construction.CommentsClose CommentsPermalink

`Sec. 155. Making extortionate extensions of credit

`(a) OFFENSE- Whoever makes any extortionate extension of credit, or conspires to do so, shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink





`(b) PRIMA FACIE EVIDENCE OF EXTORTIONATE TRANSACTION- In any prosecution under this section, if it is shown that all of the following factors were present in connection with the extension of credit in question, there is prima facie evidence that the extension of credit was extortionate:CommentsClose CommentsPermalink





`(1) The repayment of the extension of credit, or the performance of any promise given in consideration thereof, would be unenforceable, through civil judicial processes against the debtor--CommentsClose CommentsPermalink





`(A) in the jurisdiction within which the debtor, if a natural person, resided; orCommentsClose CommentsPermalink





`(B) in every jurisdiction within which the debtor, if other than a natural person, was incorporated or qualified to do business at the time the extension of credit was made.CommentsClose CommentsPermalink





`(2) The extension of credit was made at a rate of interest in excess of an annual rate of 45 per centum calculated according to the actuarial method of allocating payments made on a debt between principal and interest, pursuant to which a payment is applied first to the accumulated interest and the balance is applied to the unpaid principal.CommentsClose CommentsPermalink





`(3) At the time the extension of credit was made, the debtor reasonably believed that either--CommentsClose CommentsPermalink





`(A) one or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means, or the nonrepayment thereof had been punished by extortionate means; orCommentsClose CommentsPermalink





`(B) the creditor had a reputation for the use of extortionate means to collect extensions of credit or to punish the nonrepayment thereof.CommentsClose CommentsPermalink





`(4) Upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstanding, including any unpaid interest or similar charges, exceeded $100.CommentsClose CommentsPermalink





`(c) REPUTATION EVIDENCE- In any prosecution under this section, if evidence is introduced tending to show the existence of any of the circumstances described in subsection (b)(1) or (b)(2), and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing the understanding of the debtor and the creditor at the time the extension of credit was made, the court may in its discretion allow evidence to be introduced tending to show the reputation as to collection practices of the creditor in any community of which the debtor was a member at the time of the extension.CommentsClose CommentsPermalink

`Sec. 156. Financing extortionate extensions of credit

`Whoever knowingly advances money or property, whether as a gift, as a loan, as an investment, pursuant to a partnership or profit-sharing agreement, or otherwise, to any person, with reason to believe that it is the intention of that person to use the money or property so advanced directly or indirectly for the purpose of making extortionate extensions of credit, shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink

`Sec. 157. Collection of extensions of credit by extortionate means

`Whoever knowingly uses any extortionate means--CommentsClose CommentsPermalink





`(1) to collect or attempt to collect any extension of credit; orCommentsClose CommentsPermalink





`(2) to punish any person for nonrepayment of an extension of credit;CommentsClose CommentsPermalink





shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink

`Sec. 158. Effect on State laws

`This subchapter does not preempt State law that would be permissible in the absence of this subchapter.CommentsClose CommentsPermalink

`Sec. 159. Definitions and rules of construction

`As used in this subchapter:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(5) To collect an extension of credit means to induce in any way any person to make repayment thereof.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(8) State law, including conflict of laws rules, governing the enforceability through civil judicial processes of repayment of any extension of credit or the performance of any promise given in consideration thereof shall be judicially noticed. This paragraph does not impair any authority which any court would otherwise have to take judicial notice of any matter of State law.CommentsClose CommentsPermalink

`SUBCHAPTER H--DOMESTIC VIOLENCE

`Sec.CommentsClose CommentsPermalink

`161. Interstate domestic violence; interstate stalking; interstate violations of custody orders.CommentsClose CommentsPermalink





`162. Pretrial release of defendant.CommentsClose CommentsPermalink





`163. Full faith and credit given to protection orders.CommentsClose CommentsPermalink





`164. Definitions.CommentsClose CommentsPermalink





`165. Repeat offenders.CommentsClose CommentsPermalink

`Sec. 161. Interstate domestic violence; interstate stalking; interstate violations of custody orders

`(a) Offenses- Whoever--CommentsClose CommentsPermalink





`(1) travels in interstate or foreign commerce or enters or leaves Indian country or within the special maritime and territorial jurisdiction of the United States with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and who, in the course of or as a result of such travel, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner;CommentsClose CommentsPermalink





`(2) causes a spouse, intimate partner, or dating partner to travel in interstate or foreign commerce or to enter or leave Indian country or within the special maritime and territorial jurisdiction of the United States by force, coercion, duress, or fraud, and who, in the course of, as a result of, or to facilitate such conduct or travel, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner;CommentsClose CommentsPermalink





`(3) travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury to, or causes substantial emotional distress to that person, a member of the immediate family (as defined in section 115) of that person, or the spouse or intimate partner of that person; orCommentsClose CommentsPermalink





`(4) with the intent--CommentsClose CommentsPermalink





`(A) to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate, or cause substantial emotional distress to a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; orCommentsClose CommentsPermalink





`(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death of, or serious bodily injury to--CommentsClose CommentsPermalink





`(i) that person;CommentsClose CommentsPermalink





`(ii) a member of the immediate family (as defined in section 115 of that person; orCommentsClose CommentsPermalink





`(iii) a spouse or intimate partner of that person;CommentsClose CommentsPermalink





uses the mail, any interactive computer service, or any facility of interstate or foreign commerce to engage in a course of conduct that causes substantial emotional distress to that person or places that person in reasonable fear of the death of, or serious bodily injury to, any of the persons described in clauses (i) through (iii) of subparagraph (B);CommentsClose CommentsPermalink





`(5) travels in interstate or foreign commerce, or enters or leaves Indian country, with the intent to engage in conduct that violates the portion of a protection order that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person, or that would violate such a portion of a protection order in the jurisdiction in which the order was issued, and subsequently engages in such conduct; orCommentsClose CommentsPermalink





`(6) causes another person to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and in the course of, as a result of, or to facilitate such conduct or travel engages in conduct that violates the portion of a protection order that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person, or that would violate such a portion of a protection order in the jurisdiction in which the order was issued;CommentsClose CommentsPermalink





shall be punished as provided in subsection (b).CommentsClose CommentsPermalink





`(b) PUNISHMENT-CommentsClose CommentsPermalink





`(1) IN GENERAL- Whoever violates subsection (a) shall be imprisoned--CommentsClose CommentsPermalink





`(A) for life or any term of years, if death of the victim results;CommentsClose CommentsPermalink





`(B) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the victim results;CommentsClose CommentsPermalink





`(C) for not more than 10 years, if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense;CommentsClose CommentsPermalink





`(D) as provided for the applicable conduct under subchapter A of chapter 13 if the offense would constitute an offense under that subchapter (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); andCommentsClose CommentsPermalink





`(E) for not more than 5 years, in any other case.CommentsClose CommentsPermalink





`(2) SPECIAL RULE- Whoever violates paragraph (3) or (4) of subsection (a) in violation of a temporary or permanent civil or criminal injunction, restraining order, no-contact order, or other order described in section 164 shall be punished by imprisonment for not less than 1 year.CommentsClose CommentsPermalink

`Sec. 162. Pretrial release of defendant

`In any proceeding pursuant to section 3142 for the purpose of determining whether a defendant charged under this subchapter shall be released pending trial, or for the purpose of determining conditions of such release, the alleged victim shall be given an opportunity to be heard regarding the danger posed by the defendant.CommentsClose CommentsPermalink

`Sec. 163. Full faith and credit given to protection orders

`(a) Full Faith and Credit- Any protection order issued that is consistent with subsection (b) of this section by the court of one State, Indian tribe, or territory (the issuing State, Indian tribe, or territory) shall be accorded full faith and credit by the court of another State, Indian tribe, or territory (the enforcing State, Indian tribe, or territory) and enforced by the court and law enforcement personnel of the other State, Indian tribal government or Territory as if it were the order of the enforcing State, Indian tribe, or territory.CommentsClose CommentsPermalink





`(b) Protection Order- A protection order issued by a State, tribal, or territorial court is consistent with this subsection if--CommentsClose CommentsPermalink





`(1) such court has jurisdiction over the parties and matter under the law of such State, Indian tribe, or territory; andCommentsClose CommentsPermalink





`(2) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person's right to due process; and in the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by State, tribal, or territorial law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent's due process rights.CommentsClose CommentsPermalink





`(c) Cross or Counter Petition- A protection order issued by a State, tribal, or territorial court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or intimate partner is not entitled to full faith and credit if--CommentsClose CommentsPermalink





`(1) no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order; orCommentsClose CommentsPermalink





`(2) a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order.CommentsClose CommentsPermalink





`(d) Notification and Registration-CommentsClose CommentsPermalink





`(1) Notification- A State, Indian tribe, or territory according full faith and credit to an order by a court of another State, Indian tribe, or territory shall not notify or require notification of the party against whom a protection order has been issued that the protection order has been registered or filed in that enforcing State, tribal, or territorial jurisdiction unless requested to do so by the party protected under such order.CommentsClose CommentsPermalink





`(2) No prior registration or filing as prerequisite for enforcement- Any protection order that is otherwise consistent with this section shall be accorded full faith and credit, notwithstanding failure to comply with any requirement that the order be registered or filed in the enforcing State, tribal, or territorial jurisdiction.CommentsClose CommentsPermalink





`(3) Limits on internet publication of registration information- A State, Indian tribe, or territory shall not make available publicly on the Internet any information regarding the registration, filing of a petition for, or issuance of a protection order, restraining order or injunction, restraining order, or injunction in either the issuing or enforcing State, tribal or territorial jurisdiction, if such publication would be likely to publicly reveal the identity or location of the party protected under such order. A State, Indian tribe, or territory may share court-generated and law enforcement-generated information contained in secure, governmental registries for protection order enforcement purposes.CommentsClose CommentsPermalink





`(e) Tribal Court Jurisdiction- For purposes of this section, a tribal court shall have full civil jurisdiction to enforce protection orders, including authority to enforce any orders through civil contempt proceedings, exclusion of violators from Indian lands, and other appropriate mechanisms, in matters arising within the authority of the tribe.CommentsClose CommentsPermalink

`Sec. 164. Definitions

`As used in this subchapter--CommentsClose CommentsPermalink





`(1) the term `course of conduct' means a pattern of conduct composed of 2 or more acts, demonstrating a continuity of purpose;CommentsClose CommentsPermalink





`(2) the term `enter or leave Indian country' includes leaving the jurisdiction of 1 tribal government and entering the jurisdiction of another tribal government;CommentsClose CommentsPermalink





`(3) the term `protection order' includes--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(4) the term `spouse or intimate partner' includes--CommentsClose CommentsPermalink





`(A) for purposes of--CommentsClose CommentsPermalink





`(i) all provisions except paragraphs (3) and (4) of section 161--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(ii) section 2261A--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(5) the term `travel in interstate or foreign commerce' does not include travel from one State to another by an individual who is a member of an Indian tribe and who remains at all times in the territory of the Indian tribe of which the individual is a member; andCommentsClose CommentsPermalink





`(6) the term `dating partner' refers to a person who is or has been in a social relationship of a romantic or intimate nature with the abuser; and the existence of such a relationship is based on a consideration of--CommentsClose CommentsPermalink





`(A) the length of the relationship;CommentsClose CommentsPermalink





`(B) the type of relationship; andCommentsClose CommentsPermalink





`(C) the frequency of interaction between the persons involved in the relationship.CommentsClose CommentsPermalink

`Sec. 165. Repeat offenders

`(a) Maximum Term of Imprisonment- The maximum term of imprisonment for a violation of this chapter after a prior domestic violence or stalking offense shall be twice the term otherwise provided under this chapter.CommentsClose CommentsPermalink





`(b) Definition- As used in this section, the term `prior domestic violence or stalking offense' means a conviction for an offense--CommentsClose CommentsPermalink





`(1) under section 161; orCommentsClose CommentsPermalink





`(2) under State law for an offense consisting of conduct that would have been an offense under a section referred to in subparagraph (A) if the conduct had occurred within the special maritime and territorial jurisdiction of the United States, or in interstate or foreign commerce.CommentsClose CommentsPermalink

`SUBCHAPTER I--PROTECTION OF UNBORN CHILDREN

`Sec.CommentsClose CommentsPermalink

`171. Protection of unborn children.CommentsClose CommentsPermalink





`172. Partial-birth abortions prohibitedCommentsClose CommentsPermalink

`Sec. 171. Protection of unborn children

`(a)(1) Whoever engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) An offense under this section does not require proof that--CommentsClose CommentsPermalink





`(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; orCommentsClose CommentsPermalink





`(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child.CommentsClose CommentsPermalink





`(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall instead of being punished under subparagraph (A) and subject to subparagraph (D), be punished as provided under subchapter A for the like offense.CommentsClose CommentsPermalink





`(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section.CommentsClose CommentsPermalink





`(b) The provisions referred to in subsection (a) are the following:CommentsClose CommentsPermalink





`(1) Sections 101, 102, 111, 121, 123, 143, 161, 165, 201, 204, 271, 273, 413(e), 501, 502, 506, 507, 584, 593, 601, 614, 631, 873, 892, 895, 897, 1112, 1131, 1133, 1137, 1138, 1204, 1216, 1291, 1296, 1306, and 1373 of this title.CommentsClose CommentsPermalink





`(2) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283).CommentsClose CommentsPermalink





`(c) Nothing in this section shall be construed to permit the prosecution--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(2) of any person for any medical treatment of the pregnant woman or her unborn child; orCommentsClose CommentsPermalink





`(3) of any woman with respect to her unborn child.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink

`Sec. 172. Partial-birth abortions prohibited

`(a) Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both. This subsection does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.CommentsClose CommentsPermalink





`(b) As used in this section--CommentsClose CommentsPermalink





`(1) the term `partial-birth abortion' means an abortion in which the person performing the abortion--CommentsClose CommentsPermalink





`(A) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; andCommentsClose CommentsPermalink





`(B) performs the overt act, other than completion of delivery, that kills the partially delivered living fetus; andCommentsClose CommentsPermalink





`(2) the term `physician' means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which the doctor performs such activity, or any other individual legally authorized by the State to perform abortions: Provided, however, That any individual who is not a physician or not otherwise legally authorized by the State to perform abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject to the provisions of this section.CommentsClose CommentsPermalink





`(c)(1) The father, if married to the mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus, may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.CommentsClose CommentsPermalink





`(2) Such relief shall include--CommentsClose CommentsPermalink





`(A) money damages for all injuries, psychological and physical, occasioned by the violation of this section; andCommentsClose CommentsPermalink





`(B) statutory damages equal to three times the cost of the partial-birth abortion.CommentsClose CommentsPermalink





`(d)(1) A defendant accused of an offense under this section may seek a hearing before the State Medical Board on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.CommentsClose CommentsPermalink





`(2) The findings on that issue are admissible on that issue at the trial of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place.CommentsClose CommentsPermalink





`(e) A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 based on a violation of this section.CommentsClose CommentsPermalink

`CHAPTER 13--SEX CRIMES

`SubchapterCommentsClose CommentsPermalink

--Sec.CommentsClose CommentsPermalink

201CommentsClose CommentsPermalink

211CommentsClose CommentsPermalink

221CommentsClose CommentsPermalink

241CommentsClose CommentsPermalink

255CommentsClose CommentsPermalink

`SUBCHAPTER B--SEXUAL ABUSE

`Sec.CommentsClose CommentsPermalink

`201. Sexual abuse.CommentsClose CommentsPermalink





`202. Abusive sexual contact.CommentsClose CommentsPermalink





`203. Special rules and defenses.CommentsClose CommentsPermalink





`204. Sexual abuse resulting in death.CommentsClose CommentsPermalink





`205. Definitions for subchapter.CommentsClose CommentsPermalink

`Sec. 201. Sexual abuse

`(a) Elements of Offense- As made applicable and punished in subsection (b), the following offenses have the following elements:CommentsClose CommentsPermalink





`(1) AGGRAVATED SEXUAL ABUSE- Whoever--CommentsClose CommentsPermalink





`(A) knowingly causes another person to engage in a sexual act--CommentsClose CommentsPermalink





`(i) by using force against that other person; orCommentsClose CommentsPermalink





`(ii) by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, substantial risk of unconsciousness, or kidnapping;CommentsClose CommentsPermalink





`(B) knowingly--CommentsClose CommentsPermalink





`(i) renders another person unconscious and thereby engages in a sexual act with that other person; orCommentsClose CommentsPermalink





`(ii) administers to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby--CommentsClose CommentsPermalink





`(I) substantially impairs the ability of that other person to appraise or control conduct; andCommentsClose CommentsPermalink





`(II) engages in a sexual act with that other person; orCommentsClose CommentsPermalink





`(C) knowingly engages in a sexual act with another person--CommentsClose CommentsPermalink





`(i) who has not attained the age of 12 years; orCommentsClose CommentsPermalink





`(ii) who has attained the age of 12 years but has not attained the age of 16 years (and is at least 4 years younger than the person so engaging);CommentsClose CommentsPermalink





is guilty of aggravated sexual abuse.CommentsClose CommentsPermalink





`(2) SEXUAL ABUSE- Whoever knowingly--CommentsClose CommentsPermalink





`(A) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, substantial risk of unconsciousness, or kidnapping); orCommentsClose CommentsPermalink





`(B) engages in a sexual act with another person if that other person is--CommentsClose CommentsPermalink





`(i) incapable of appraising the nature of the conduct; orCommentsClose CommentsPermalink





`(ii) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act;CommentsClose CommentsPermalink





is guilty of sexual abuse.CommentsClose CommentsPermalink





`(3) SEXUAL ABUSE OF A WARD- Whoever knowingly engages in a sexual act with another person who is--CommentsClose CommentsPermalink





`(A) in official detention; andCommentsClose CommentsPermalink





`(B) under the custodial, supervisory, or disciplinary authority of the person so engaging;CommentsClose CommentsPermalink





is guilty of sexual abuse of a ward.CommentsClose CommentsPermalink





`(b) Penalties and Circumstances for Federal Offense-CommentsClose CommentsPermalink





`(1) PENALTIES-CommentsClose CommentsPermalink





`(A) AGGRAVATED SEXUAL ABUSE- Whoever commits aggravated sexual abuse in a place described in paragraph (2) shall be imprisoned for any term of years or for life.CommentsClose CommentsPermalink





`(B) SEXUAL ABUSE- Whoever commits sexual abuse in a place described in paragraph (2) shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink





`(C) SEXUAL ABUSE OF A WARD- Whoever commits sexual abuse of a ward in a place described in paragraph (2) shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(2) CIRCUMSTANCES- The places referred to in paragraph (1) are--CommentsClose CommentsPermalink





`(A) the special maritime and territorial jurisdiction of the United States; orCommentsClose CommentsPermalink





`(B) a Federal prison or any prison institution or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General.CommentsClose CommentsPermalink

`Sec. 202. Abusive sexual contact

`(a) Sexual Contact in Circumstances Where Sexual Acts Are Punishable- Whoever engages in sexual contact with another person--CommentsClose CommentsPermalink





`(1) under circumstances in which, if the sexual contact had been a sexual act, the sexual contact would be punishable under section 201(b)(1), shall be imprisoned not more than 10 years;CommentsClose CommentsPermalink





`(2) under circumstances in which, if the sexual contact had been a sexual act, the sexual contact would be punishable under section 201(b)(2), shall be imprisoned not more than 3 years; andCommentsClose CommentsPermalink





`(3) under circumstances in which, if the sexual contact had been a sexual act, the sexual contact would be punishable under section 201(b)(3), shall be imprisoned not more than 2 years.CommentsClose CommentsPermalink





`(b) Enhanced Penalty Where Contact Is With a Child Under 12 Years of Age- If the sexual contact that violates this section is with an individual who has not attained the age of 12 years, the maximum term of imprisonment that may be imposed for the offense is twice that otherwise provided in this section.CommentsClose CommentsPermalink

`Sec. 203. Special rules and defenses

`(a) PROOF OF STATE OF MIND AS TO AGE- In a prosecution under this subchapter involving a sexual act or sexual contact with a child, the Government need not prove that the defendant knew the age of the child or that any age difference required for the offense did not exist.CommentsClose CommentsPermalink





`(b) DEFENSES-CommentsClose CommentsPermalink





`(1) SEXUAL ABUSE OR SEXUAL CONTACT INVOLVING A CHILD- It is a affirmative defense to a prosecution under this subchapter for an offense involving a child where an element of the offense is that the child not be 16 years of age or older that the defendant reasonably believed the child to be 16 years of age or older.CommentsClose CommentsPermalink





`(2) MARRIAGE IN CERTAIN CASES- It is an affirmative defense to prosecution for an offense under this subchapter involving a sexual act or sexual contact with a ward, that the ward was married to the person engaging in the sexual act or contact at the time of the alleged offense.CommentsClose CommentsPermalink

`Sec. 204. Sexual abuse resulting in death

`Whoever, in the course of an offense under this subchapter, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life.CommentsClose CommentsPermalink

`Sec. 205. Definitions for subchapter

`As used in this subchapter--CommentsClose CommentsPermalink





`(1) the term `sexual act' means--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(2) the term `sexual contact' means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;CommentsClose CommentsPermalink





`(3) the term `official detention' means--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink

`SUBCHAPTER B--TRANSPORT FOR ILLEGAL SEXUAL ACTIVITY

`Sec.CommentsClose CommentsPermalink

`211. Transportation generally.CommentsClose CommentsPermalink





`212. Coercion and enticement.CommentsClose CommentsPermalink





`213. Transportation of children.CommentsClose CommentsPermalink





`214. Use of interstate facilities to transmit information about a child.CommentsClose CommentsPermalink

`Sec. 211. Transportation generally

`Whoever knowingly transports an individual in interstate or foreign commerce, or in any territory or possession of the United States, with intent that such individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink

`Sec. 212. Coercion and enticement

`(a) Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any territory or possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink





`(b) Whoever, using any facility of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, knowingly persuades, induces, entices, or coerces any child to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be imprisoned not less than 5 years and not more than 30 years.CommentsClose CommentsPermalink

`Sec. 213. Transportation of children

`(a) Transportation With Intent To Engage in Criminal Sexual Activity- Whoever transports a child in interstate or foreign commerce, or in any territory or possession of the United States, with intent that the child engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, shall be imprisoned not less than 5 years and not more than 30 years.CommentsClose CommentsPermalink





`(b) Travel With Intent To Engage in Illicit Sexual Conduct- Whoever travels in interstate commerce or travels into the United States, or, being a United States citizen or an alien admitted for permanent residence in the United States, travels in foreign commerce, for the purpose of engaging in any illicit sexual conduct shall be imprisoned not more than 30 years.CommentsClose CommentsPermalink





`(c) Engaging in Illicit Sexual Conduct in Foreign Places- Any United States citizen or alien admitted for permanent residence who travels in foreign commerce, and engages in any illicit sexual conduct shall be imprisoned not more than 30 years.CommentsClose CommentsPermalink





`(d) Ancillary Offenses- Whoever, for the purpose of commercial advantage or private financial gain, arranges, induces, procures, or facilitates the travel of a person knowing that such a person is traveling in interstate commerce or foreign commerce for the purpose of engaging in illicit sexual conduct shall be imprisoned not more than 30 years.CommentsClose CommentsPermalink





`(e) Attempt and Conspiracy- Whoever attempts or conspires to violate subsection (a), (b), (c), or (d) shall be punishable in the same manner as a completed violation of that subsection.CommentsClose CommentsPermalink





`(f) Definition- As used in this section, the term `illicit sexual conduct' means--CommentsClose CommentsPermalink





`(1) a sexual act (as defined in section 205) with a child that would be in violation of subchapter A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States;CommentsClose CommentsPermalink





`(2) any commercial sex act (as defined in section 1265) with a child; orCommentsClose CommentsPermalink





`(3) the production of child pornography, as defined in section 229.CommentsClose CommentsPermalink





`(g) Defense- In a prosecution under this section based on illicit sexual conduct as defined in subsection (f)(2), it is an affirmative defense that the defendant reasonably believed that the person with whom the defendant engaged in the commercial sex act had attained the age of 18 years.CommentsClose CommentsPermalink

`Sec. 214. Use of interstate facilities to transmit information about a child

`Whoever, using a facility of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, knowingly transmits of the name, address, telephone number, social security number, or electronic mail address of another individual, knowing that such other individual has not attained the age of 16 years, with the intent to entice, encourage, offer, or solicit any person to engage in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink

`SUBCHAPTER C--SEXUAL EXPLOITATION OF CHILDREN

`Sec.CommentsClose CommentsPermalink

`221. Sexual exploitation of children.CommentsClose CommentsPermalink





`222. Selling or buying of children.CommentsClose CommentsPermalink





`223. Certain activities relating to material involving the sexual exploitation of children and child pornography.CommentsClose CommentsPermalink





`224. Misleading domain names on the Internet.CommentsClose CommentsPermalink





`225. Definitions for subchapter.CommentsClose CommentsPermalink





`226. Record keeping requirements.CommentsClose CommentsPermalink





`227. Failure to report child abuse.CommentsClose CommentsPermalink

`Sec. 221. Sexual exploitation of children

`(a) OFFENSE- Whoever, as made applicable in subsection (b)--CommentsClose CommentsPermalink





`(1) either--CommentsClose CommentsPermalink





`(A) employs, uses, persuades, induces, entices, or coerces any child to engage in, or who has a child assist any other person to engage in, any sexually explicit conduct for the purpose of producing any visual depiction of such conduct; orCommentsClose CommentsPermalink





`(B) transports any child in interstate or foreign commerce, or in any territory or possession of the United States, with the intent that such child engage in such conduct for such purpose; orCommentsClose CommentsPermalink





`(2) being a parent, legal guardian, or person having custody or control of a child knowingly permits such child to engage in, or to assist any other person to engage in, sexually explicit conduct for the purpose of producing any visual depiction of such conduct;CommentsClose CommentsPermalink





or attempts or conspires to do so shall be punished as provided under subsection (e).CommentsClose CommentsPermalink





`(b) APPLICABILITY- Subsection (a) applies if--CommentsClose CommentsPermalink





`(1) the person engaging in that conduct knows or has reason to know that such visual depiction will be transported in or affecting interstate or foreign commerce;CommentsClose CommentsPermalink





`(2) such visual depiction was produced using materials that have been transported in or affecting interstate or foreign commerce; orCommentsClose CommentsPermalink





`(3) such visual depiction has actually been transported in or affecting interstate or foreign commerce.CommentsClose CommentsPermalink





`(c) EXTRATERRITORIAL JURISDICTION- There is extraterritorial jurisdiction over an offense under subsection (a)(1) if the offender--CommentsClose CommentsPermalink





`(1) intends such visual depiction to be transported to the United States; orCommentsClose CommentsPermalink





`(2) transports such visual depiction to the United States.CommentsClose CommentsPermalink





`(d) ADVERTISEMENTS- (1) Whoever, as made applicable by paragraph (2), knowingly makes, prints, or publishes, or causes to be made, printed, or published, any notice or advertisement seeking or offering--CommentsClose CommentsPermalink





`(A) to receive, exchange, buy, produce, display, distribute, or reproduce, any visual depiction, if the production of such visual depiction involves the use of a child engaging in sexually explicit conduct and such visual depiction is of such conduct; orCommentsClose CommentsPermalink





`(B) participation in any act of sexually explicit conduct by or with any child for the purpose of producing a visual depiction of such conduct;CommentsClose CommentsPermalink





shall be punished as provided under subsection (e).CommentsClose CommentsPermalink





`(2) Paragraph (1) applies if--CommentsClose CommentsPermalink





`(A) such person knows or has reason to know that such notice or advertisement will be transported in or affecting interstate or foreign commerce; orCommentsClose CommentsPermalink





`(B) such notice or advertisement is transported in or affecting interstate or foreign commerce.CommentsClose CommentsPermalink





`(e) PUNISHMENT- Whoever violates, or attempts or conspires to violate, this section shall be imprisoned not less than 15 years nor more than 30 years, but if such person has one prior conviction under this subchapter, subchapter F of chapter 35, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to the sexual exploitation of children, such person shall be imprisoned for not less than 25 years nor more than 50 years, but if such person has 2 or more such prior convictions, such person shall be imprisoned not less than 35 years nor more than life. Whoever, in the course of an offense under this section, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life.CommentsClose CommentsPermalink

`Sec. 222. Selling or buying of children

`(a) TRANSFER OF CUSTODY- Whoever, as made applicable by subsection (d) and with a mental state described in subsection (c) having custody or control of a child, transfers that custody or control, or offers to do so, shall be punished by imprisonment for not less than 30 years or for life.CommentsClose CommentsPermalink





`(b) OBTAINING CUSTODY- Whoever, as made applicable by subsection (d) and with a mental state described in subsection (c), obtains custody or control of a child, or offers to do so, shall be punished by imprisonment for not less than 30 years or for life.CommentsClose CommentsPermalink





`(c) MENTAL STATE- The mental state referred to in subsections (a) and (b) is--CommentsClose CommentsPermalink





`(1) knowledge that, as a consequence of the transfer of custody, the child will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; orCommentsClose CommentsPermalink





`(2) intent to promote either--CommentsClose CommentsPermalink





`(A) the engaging in of sexually explicit conduct by such child for the purpose of producing any visual depiction of such conduct; orCommentsClose CommentsPermalink





`(B) the rendering of assistance by the child to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct.CommentsClose CommentsPermalink





`(d) FEDERAL NEXUS- Conduct described in subsection (a) and (b) is an offense if--CommentsClose CommentsPermalink





`(1) in the course of the conduct the child or the person engaging in the conduct travel in interstate or foreign commerce;CommentsClose CommentsPermalink





`(2) any offer described in such subsections was communicated or transported in or affecting interstate or foreign commerce; orCommentsClose CommentsPermalink





`(3) the conduct took place in any territory or possession of the United States.CommentsClose CommentsPermalink

`Sec. 223. Certain activities relating to material involving the sexual exploitation of children and child pornography

`(a) Offense- Whoever, as made applicable by subsection (b)--CommentsClose CommentsPermalink





`(1) knowingly--CommentsClose CommentsPermalink





`(A) transports an exploitative visual depiction or child pornography;CommentsClose CommentsPermalink





`(B) receives, or distributes, any exploitative visual depiction or child pornography; orCommentsClose CommentsPermalink





`(C) reproduces any exploitative visual depiction or child pornography for distribution;CommentsClose CommentsPermalink





`(2) knowingly--CommentsClose CommentsPermalink





`(A) sells or possesses with intent to sell any exploitative visual depiction or child pornography; orCommentsClose CommentsPermalink





`(B) knowingly possesses an exploitative visual depiction or child pornography;CommentsClose CommentsPermalink





`(3) advertises, promotes, presents, distributes, or solicits any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material contains an exploitative visual depiction or child pornography;CommentsClose CommentsPermalink





or attempts or conspires to do so shall be punished as provided in subsection (c).CommentsClose CommentsPermalink





`(b) APPLICABILITY- Subsection (a) applies if--CommentsClose CommentsPermalink





`(1) the conduct occurs in the special maritime and territorial jurisdiction of the United States, or in the Indian country as defined in section 871 of this title; orCommentsClose CommentsPermalink





`(2) the exploitative visual depiction or child pornography is transported in or affecting interstate or foreign commerce, or was produced using materials which have been so transported.CommentsClose CommentsPermalink





`(c) PUNISHMENT- The punishment for a violation of this section is as follows:CommentsClose CommentsPermalink





`(1) Whoever violates paragraph (1) or (2)(A) of subsection (a) shall be imprisoned not less than 5 years and not more than 20 years, but if such person has a prior conviction under this chapter, subchapter F of chapter 35, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a child or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be imprisoned for not less than 15 years nor more than 40 years.CommentsClose CommentsPermalink





`(2) Whoever violates, or attempts or conspires to violate, paragraph (2)(B) of subsection (a) shall be imprisoned not more than 10 years, or both, but if such person has a prior conviction under this subchapter, subchapter F of chapter 35, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a child or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be imprisoned for not less than 10 years nor more than 20 years.CommentsClose CommentsPermalink





`(d) Affirmative Defense- It is an affirmative defense to a charge of violating paragraph (2)(B) of subsection (a) that the defendant--CommentsClose CommentsPermalink





`(1) possessed less than three matters containing any visual depiction proscribed by that paragraph; andCommentsClose CommentsPermalink





`(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof--CommentsClose CommentsPermalink





`(A) took reasonable steps to destroy each such visual depiction; orCommentsClose CommentsPermalink





`(B) reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.CommentsClose CommentsPermalink





`(e) Admissibility of Evidence- On motion of the government, in any prosecution under this subchapter or section 1444, except for good cause shown, the name, address, social security number, or other nonphysical identifying information, other than the age or approximate age, of any child who is depicted in any child pornography shall not be admissible and may be redacted from any otherwise admissible evidence, and the jury shall be instructed, upon request of the United States, that it can draw no inference from the absence of such evidence in deciding whether the child pornography depicts an actual child.CommentsClose CommentsPermalink





`(f) EXPLOITATIVE VISUAL DEPICTION DEFINED- In this section, a visual depiction is an exploitative visual depiction if--CommentsClose CommentsPermalink





`(1) the producing of such visual depiction involves the use of a child engaging in sexually explicit conduct; andCommentsClose CommentsPermalink





`(2) such visual depiction is of such conduct.CommentsClose CommentsPermalink

`Sec. 224. Misleading domain names on the Internet

`(a) OBSCENITY- Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a person into viewing material constituting obscenity shall be imprisoned not more than 2 years.CommentsClose CommentsPermalink





`(b) MATERIAL HARMFUL TO CHILDREN- Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a child into viewing material that is harmful to Children on the Internet shall be imprisoned not more than 4 years.CommentsClose CommentsPermalink





`(c) DEFINITION- For the purposes of this section--CommentsClose CommentsPermalink





`(1) a domain name that includes a word or words to indicate the sexual content of the site, such as `sex' or `porn', is not misleading;CommentsClose CommentsPermalink





`(2) the term `material that is harmful to children' means any communication, consisting of nudity, sex, or excretion, that, taken as a whole and with reference to its context--CommentsClose CommentsPermalink





`(A) predominantly appeals to a prurient interest of children;CommentsClose CommentsPermalink





`(B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for children; andCommentsClose CommentsPermalink





`(C) lacks serious literary, artistic, political, or scientific value for children; andCommentsClose CommentsPermalink





`(3) as used in this subsection, the term `sex' means acts of masturbation, sexual intercourse, or physical contact with a person's genitals, or the condition of human male or female genitals when in a state of sexual stimulation or arousal.CommentsClose CommentsPermalink

`Sec. 225. Definitions for subchapter

`In this subchapter the following definitions apply:CommentsClose CommentsPermalink





`(1)(A) Except as provided in subparagraph (B), the term `sexually explicit conduct' means actual or simulated--CommentsClose CommentsPermalink





`(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;CommentsClose CommentsPermalink





`(ii) bestiality;CommentsClose CommentsPermalink





`(iii) masturbation;CommentsClose CommentsPermalink





`(iv) sadistic or masochistic abuse; orCommentsClose CommentsPermalink





`(v) lascivious exhibition of the genitals or pubic area of any person.CommentsClose CommentsPermalink





`(B) For purposes of paragraph 5(B), the term `sexually explicit conduct' means--CommentsClose CommentsPermalink





`(i) graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited;CommentsClose CommentsPermalink





`(ii) graphic or lascivious simulated--CommentsClose CommentsPermalink





`(I) bestiality;CommentsClose CommentsPermalink





`(II) masturbation; orCommentsClose CommentsPermalink





`(III) sadistic or masochistic abuse; orCommentsClose CommentsPermalink





`(iii) graphic or simulated lascivious exhibition of the genitals or pubic area of any person.CommentsClose CommentsPermalink





`(2) The term `producing' means producing, directing, manufacturing, issuing, publishing, or advertising.CommentsClose CommentsPermalink





`(3) The term `visual depiction' includes undeveloped film and videotape, and data stored on computer disk or by electronic means which is capable of conversion into a visual image.CommentsClose CommentsPermalink





`(4) The term`custody or control' includes temporary supervision over or responsibility for a child whether legally or illegally obtained.CommentsClose CommentsPermalink





`(5) The term `child pornography' means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where--CommentsClose CommentsPermalink





`(A) the production of such visual depiction involves the use of a child engaging in sexually explicit conduct;CommentsClose CommentsPermalink





`(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a child engaging in sexually explicit conduct; orCommentsClose CommentsPermalink





`(C) such visual depiction has been created, adapted, or modified to appear that an identifiable child is engaging in sexually explicit conduct.CommentsClose CommentsPermalink





`(6) The term `identifiable child'--CommentsClose CommentsPermalink





`(A) means a person--CommentsClose CommentsPermalink





`(i)(I) who was a child at the time the visual depiction was created, adapted, or modified; orCommentsClose CommentsPermalink





`(II) whose image as a child was used in creating, adapting, or modifying the visual depiction; andCommentsClose CommentsPermalink





`(ii) who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; andCommentsClose CommentsPermalink





`(B) shall not be construed to require proof of the actual identity of the identifiable child.CommentsClose CommentsPermalink





`(7) The term `graphic', when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted.CommentsClose CommentsPermalink





`(8) The term `indistinguishable' used with respect to a depiction, means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual child engaged in sexually explicit conduct. This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults.CommentsClose CommentsPermalink

`Sec. 226. Record keeping requirements

`(a) DUTY TO KEEP RECORDS- Whoever produces any book, magazine, periodical, film, videotape, or other matter which--CommentsClose CommentsPermalink





`(1) contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct; andCommentsClose CommentsPermalink





`(2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce;CommentsClose CommentsPermalink





shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.CommentsClose CommentsPermalink





`(b) DUTY TO ASCERTAIN CERTAIN INFORMATION- Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of actual sexually explicit conduct--CommentsClose CommentsPermalink





`(1) ascertain, by examination of an identification document containing such information, the performer's name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations;CommentsClose CommentsPermalink





`(2) ascertain any name, other than the performer's present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; andCommentsClose CommentsPermalink





`(3) record in the records required by subsection (a) the information required by paragraphs (1) and (2) of this subsection and such other identifying information as may be prescribed by regulation.CommentsClose CommentsPermalink





`(c) WHERE RECORDS MAINTAINED AND AVAILABILITY FOR INSPECTION- Any person to whom subsection (a) applies shall maintain the records required by this section at his business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times.CommentsClose CommentsPermalink





`(d) EXCLUSION OF EVIDENCE-CommentsClose CommentsPermalink





`(1) No information or evidence obtained from records required to be created or maintained by this section shall, except as provided in this section, directly or indirectly, be used as evidence against any person with respect to any violation of law.CommentsClose CommentsPermalink





`(2) Paragraph (1) of this subsection does not preclude the use of such information or evidence in a prosecution or other action for a violation of this subchapter or subchapter F of chapter 35, or for a violation of any applicable provision of law with respect to the furnishing of false information.CommentsClose CommentsPermalink





`(e) STATEMENT-CommentsClose CommentsPermalink





`(1) Any person to whom subsection (a) applies shall cause to be affixed to every copy of any matter described in paragraph (1) of subsection (a) of this section, in such manner and in such form as the Attorney General shall by regulations prescribe, a statement describing where the records required by this section with respect to all performers depicted in that copy of the matter may be located.CommentsClose CommentsPermalink





`(2) If the person to whom subsection (a) of this section applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section.CommentsClose CommentsPermalink





`(f) UNLAWFUL ACTS- It shall be unlawful--CommentsClose CommentsPermalink





`(1) for any person to whom subsection (a) applies to fail to create or maintain the records as required by subsections (a) and (c) or by any regulation promulgated under this section;CommentsClose CommentsPermalink





`(2) for any person to whom subsection (a) applies knowingly to make any false entry in or knowingly to fail to make an appropriate entry in, any record required by subsection (b) of this section or any regulation promulgated under this section;CommentsClose CommentsPermalink





`(3) for any person to whom subsection (a) applies knowingly to fail to comply with subsection (e) or any regulation promulgated pursuant to that subsection; andCommentsClose CommentsPermalink





`(4) for any person knowingly to sell or otherwise transfer, or offer for sale or transfer, any book, magazine, periodical, film, video, or other matter, produce in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce or which is intended for shipment in interstate or foreign commerce, which--CommentsClose CommentsPermalink





`(A) contains one or more visual depictions made after the made after November 1, 1990 of actual sexually explicit conduct; andCommentsClose CommentsPermalink





`(B) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce;CommentsClose CommentsPermalink





which does not have affixed thereto, in a manner prescribed as set forth in subsection (e)(1), a statement describing where the records required by this section may be located, but such person shall have no duty to determine the accuracy of the contents of the statement or the records required to be kept.CommentsClose CommentsPermalink





`(g) REGULATIONS- The Attorney General shall issue appropriate regulations to carry out this section.CommentsClose CommentsPermalink





`(h) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the term `actual sexually explicit conduct' means actual but not simulated conduct as defined in subparagraphs (A) through (D) of paragraph (2) of section 229 of this title;CommentsClose CommentsPermalink





`(2) `identification document' has the meaning given that term in section 783;CommentsClose CommentsPermalink





`(3) the term `produces' means to produce, manufacture, or publish any book, magazine, periodical, film, video tape, computer generated image, digital image, or picture, or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity which does not involve hiring, contracting for managing, or otherwise arranging for the participation of the performers depicted; andCommentsClose CommentsPermalink





`(4) the term `performer' includes any person portrayed in a visual depiction engaging in, or assisting another person to engage in, actual sexually explicit conduct.CommentsClose CommentsPermalink





`(i) PENALTY FOR ANY VIOLATION OF THIS SECTION- Whoever violates this section shall be imprisoned for not more than 5 years. Whoever violates this section after having been convicted of a violation punishable under this section shall be imprisoned for any period of years not more than 10 years but not less than 2 years.CommentsClose CommentsPermalink

`Sec. 227. Failure to report child abuse

`Whoever, while engaged in a professional capacity or activity described in subsection (b) of section 226 of the Victims of Child Abuse Act of 1990 on Federal land or in a federally operated (or contracted) facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, as defined in subsection (c) of that section, and fails to make a timely report as required by subsection (a) of that section, shall be imprisoned not more than 6 months.CommentsClose CommentsPermalink

`SUBCHAPTER D--SEX OFFENDER REGISTRY

`Sec.CommentsClose CommentsPermalink

`241. Failure to register.CommentsClose CommentsPermalink

`Sec. 241. Failure to register

`(a) In General- Whoever--CommentsClose CommentsPermalink





`(1) is required to register under the Sex Offender Registration and Notification Act;CommentsClose CommentsPermalink





`(2)(A) is a sex offender as defined for the purposes of the Sex Offender Registration and Notification Act by reason of a conviction under Federal law (including the Uniform Code of Military Justice), the law of the District of Columbia, Indian tribal law, or the law of any territory or possession of the United States; orCommentsClose CommentsPermalink





`(B) travels in interstate or foreign commerce, or enters or leaves, or resides in, Indian country; andCommentsClose CommentsPermalink





`(3) knowingly fails to register or update a registration as required by the Sex Offender Registration and Notification Act;CommentsClose CommentsPermalink





shall be fined under this title or imprisoned not more than 10 years, or both.CommentsClose CommentsPermalink





`(b) Affirmative Defense- In a prosecution for a violation under subsection (a), it is an affirmative defense that--CommentsClose CommentsPermalink





`(1) uncontrollable circumstances prevented the individual from complying;CommentsClose CommentsPermalink





`(2) the individual did not contribute to the creation of such circumstances in reckless disregard of the requirement to comply; andCommentsClose CommentsPermalink





`(3) the individual complied as soon as such circumstances ceased to exist.CommentsClose CommentsPermalink





`(c) Crime of Violence-CommentsClose CommentsPermalink





`(1) IN GENERAL- An individual described in subsection (a) who commits a crime of violence under Federal law (including the Uniform Code of Military Justice), the law of the District of Columbia, Indian tribal law, or the law of any territory or possession of the United States shall be imprisoned for not less than 5 years and not more than 30 years.CommentsClose CommentsPermalink





`(2) ADDITIONAL PUNISHMENT- The punishment provided in paragraph (1) shall be in addition and consecutive to the punishment provided for the violation described in subsection (a).CommentsClose CommentsPermalink

`SUBCHAPTER E--GENERAL PROVISIONS AND DEFINITIONS

`Sec.CommentsClose CommentsPermalink

`255. Repeat offenders.CommentsClose CommentsPermalink





`256. Civil remedy for personal injuries.CommentsClose CommentsPermalink

`Sec. 255. Repeat offenders

`(a) Maximum Term of Imprisonment- The maximum term of imprisonment for a violation of subchapter A or B after a prior sex offense conviction shall be twice the term of imprisonment otherwise provided by this chapter, unless section 3559(e) applies.CommentsClose CommentsPermalink





`(b) Definitions- In this section the term `prior sex offense conviction' means a conviction for an offense--CommentsClose CommentsPermalink





`(1) under this chapter; orCommentsClose CommentsPermalink





`(2) under State law for an offense consisting of conduct that would have been an offense under this chapter if the conduct had occurred within the special maritime and territorial jurisdiction of the United States; andCommentsClose CommentsPermalink

`Sec. 256. Civil remedy for personal injuries

`(a) A child who is a victim of a violation of section 201, 202, 203, 211, 212, 213, 221, 222, or 223 and who suffers personal injury as a result of such violation may sue in any appropriate United States District Court and shall recover the actual damages such minor sustains and the cost of the suit, including a reasonable attorney's fee. Any child as described in the preceding sentence shall be deemed to have sustained damages of no less than $50,000 in value.CommentsClose CommentsPermalink





`(b) Any action commenced under this section shall be barred unless the complaint is filed within six years after the right of action first accrues or in the case of a person under a legal disability, not later than three years after the disability.CommentsClose CommentsPermalink

`CHAPTER 15--NATIONAL SECURITY AND RELATED CRIMES

`SubchapterCommentsClose CommentsPermalink

--Sec.CommentsClose CommentsPermalink

261CommentsClose CommentsPermalink

271CommentsClose CommentsPermalink

292CommentsClose CommentsPermalink

296CommentsClose CommentsPermalink

301CommentsClose CommentsPermalink

311CommentsClose CommentsPermalink

`SUBCHAPTER A--TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

`Sec.CommentsClose CommentsPermalink

`261. Treason.CommentsClose CommentsPermalink





`262. Misprision of treason.CommentsClose CommentsPermalink





`263. Rebellion or insurrection.CommentsClose CommentsPermalink





`264. Seditious conspiracy.CommentsClose CommentsPermalink





`265. Advocating overthrow of Government.CommentsClose CommentsPermalink

`Sec. 261. Treason

`Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death or be imprisoned for any term of years not less than five, and shall be incapable of holding any office under the United States.CommentsClose CommentsPermalink

`Sec. 262. Misprision of treason

`Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be imprisoned not more than seven years.CommentsClose CommentsPermalink

`Sec. 263. Rebellion or insurrection

`Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be imprisoned not more than ten years and shall be incapable of holding any office under the United States.CommentsClose CommentsPermalink

`Sec. 264. 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 imprisoned not more than 20 years.CommentsClose CommentsPermalink

`Sec. 265. Advocating overthrow of Government

`(a) IN GENERAL- Whoever--CommentsClose CommentsPermalink





`(1) knowingly advocates, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the Government of the United States or the government of any State, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government;CommentsClose CommentsPermalink





`(2) with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence; orCommentsClose CommentsPermalink





`(3) organizes or helps to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof;CommentsClose CommentsPermalink





shall be imprisoned not more than 20 years, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following the conviction.CommentsClose CommentsPermalink





`(b) CONSPIRACY- If two or more persons conspire to commit any offense named in this section, each shall be imprisoned not more than 20 years and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following the conviction.CommentsClose CommentsPermalink





`(c) DEFINITION- As used in this section, the term `organize', with respect to any society, group, or assembly of persons, includes the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.CommentsClose CommentsPermalink

`SUBCHAPTER B--TERRORISM

`Sec.CommentsClose CommentsPermalink

`271. Weapons of mass destruction, and explosives and other lethal devices.CommentsClose CommentsPermalink





`272. Atomic weapons.CommentsClose CommentsPermalink





`273. Acts of terrorism transcending national boundaries.CommentsClose CommentsPermalink





`274. Financial transactions.CommentsClose CommentsPermalink





`275. Missile systems designed to destroy aircraft.CommentsClose CommentsPermalink





`276. Radiological dispersal devices.CommentsClose CommentsPermalink





`277. Harboring or concealing terrorists.CommentsClose CommentsPermalink





`278. Providing material support to terrorists.CommentsClose CommentsPermalink





`279. Providing material support or resources to designated foreign terrorist organizations.CommentsClose CommentsPermalink





`280. Prohibitions against the financing of terrorism.CommentsClose CommentsPermalink





`281. Receiving military-type training from a foreign terrorist organization.CommentsClose CommentsPermalink





`282. Civil remedies.CommentsClose CommentsPermalink





`283. Definitions for subchapter.CommentsClose CommentsPermalink

`Sec. 271. Weapons of mass destruction, and explosives and other lethal devices

`(a) OFFENSE- Whoever, without lawful authority, uses, threatens, to use, a weapon of mass destruction or an explosive or other lethal device--CommentsClose CommentsPermalink





`(1) against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside of the United States;CommentsClose CommentsPermalink





`(2) against a national of the United States while such national is outside of the United States;CommentsClose CommentsPermalink





`(3) against any person or property within the United States, if the offense is in, or affects, interstate or foreign commerce; orCommentsClose CommentsPermalink





`(4) against any person or property outside of the United States, if the offender is a national of the United States;CommentsClose CommentsPermalink





shall be imprisoned for any term of years or for life, and if death results, shall be punished by death or imprisoned for any term of years or for life.CommentsClose CommentsPermalink





`(b) Definitions- As used in this section--CommentsClose CommentsPermalink





`(1) the term `weapon of mass destruction' means--CommentsClose CommentsPermalink





`(A) any destructive device as defined in section 581;CommentsClose CommentsPermalink





`(B) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;CommentsClose CommentsPermalink





`(C) any weapon involving a biological agent, toxin, or vector (as those terms are in defined in section 627);CommentsClose CommentsPermalink





`(D) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life; orCommentsClose CommentsPermalink





`(E) any lethal device or explosive;CommentsClose CommentsPermalink





`(2) the term `property' includes all real and personal property;CommentsClose CommentsPermalink





`(3) the term `explosive' has the meaning given in section 844(j) of this title insofar that it is designed, or has the capability, to cause death, serious bodily injury, or substantial material damage; andCommentsClose CommentsPermalink





`(4) the term `other lethal device' means any weapon or device that is designed or has the capability to cause death, serious bodily injury, or substantial damage to property through the release, dissemination, or impact of toxic chemicals, biological agents, or toxins (as those terms are defined in section 178 of this title) or radiation or radioactive material.CommentsClose CommentsPermalink

`Sec. 272. Atomic weapons

`(a) OFFENSE- Whoever, except as provided in section 91 of the Atomic Energy Act of 1954, in or affecting interstate or foreign commerce in the United States or, as made applicable by subsection (b) outside the United States, knowingly participates in the development of, manufactures, produces, transfers, acquires, receives, possesses, imports, exports, or uses, or possesses and threatens to use, any atomic weapon. Nothing in this section modifies section 31 a. or section 101 of the Atomic Energy Act of 1954.CommentsClose CommentsPermalink





`(b) FEDERAL NEXUS TO CONDUCT OUTSIDE OF THE UNITED STATES- Conduct outside the United States is prohibited by subsection (a) if--CommentsClose CommentsPermalink





`(1) the offense is committed by a national of the United States; orCommentsClose CommentsPermalink





`(2) the offense is committed against a national of the United States.CommentsClose CommentsPermalink

`Sec. 273. Acts of terrorism transcending national boundaries

`(a) Prohibited Acts-CommentsClose CommentsPermalink





`(1) Offenses- Whoever, involving conduct transcending national boundaries and as made applicable by subsection (b)--CommentsClose CommentsPermalink





`(A) kills, kidnaps, maims, commits an assault resulting in serious bodily injury, or assaults with a dangerous weapon any person within the United States; orCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





in violation of the laws of any State, or the United States, shall be punished as prescribed in subsection (c).CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(b) Applicability-CommentsClose CommentsPermalink





`(1) In General- Subsection (a) applies if--CommentsClose CommentsPermalink





`(A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(F) the offense is committed within the special maritime and territorial jurisdiction of the United States.CommentsClose CommentsPermalink





`(2) Co-conspirators and accessories after the fact- Subsection (a) applies with respect to all principals and co-conspirators of an offense under this section, and accessories after the fact to any offense under this section, if at least one of the circumstances described in subparagraphs (A) through (F) of paragraph (1) is applicable to at least one offender.CommentsClose CommentsPermalink





`(c) Penalties-CommentsClose CommentsPermalink





`(1) Generally- Whoever violates this section shall be punished--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(B) for kidnapping, by imprisonment for any term of years or for life;CommentsClose CommentsPermalink





`(C) for maiming, by imprisonment for not more than 35 years;CommentsClose CommentsPermalink





`(D) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 30 years;CommentsClose CommentsPermalink





`(E) for destroying or damaging any structure, conveyance, or other real or personal property, by imprisonment for not more than 25 years;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(G) for threatening to commit an offense under this section, by imprisonment for not more than 10 years.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(d) Proof Requirements- The following shall apply to prosecutions under this section:CommentsClose CommentsPermalink





`(1) Knowledge- The prosecution is not required to prove knowledge by any defendant of a jurisdictional base alleged in the indictment.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(e) Extraterritorial Jurisdiction- There is extraterritorial Federal jurisdiction--CommentsClose CommentsPermalink





`(1) over any offense under subsection (a), including any threat, attempt, or conspiracy to commit such offense; andCommentsClose CommentsPermalink





`(2) over conduct which, under section 3, renders any person an accessory after the fact to an offense under subsection (a).CommentsClose CommentsPermalink





`(f) Investigative Authority- In addition to any other investigative authority with respect to violations of this title, the Attorney General shall have primary investigative responsibility for all Federal crimes of terrorism, and any violation of section 102, 112, 614, 955, 1201, or 1205 and the Secretary of the Treasury shall assist the Attorney General at the request of the Attorney General. Nothing in this section shall be construed to interfere with the authority of the United States Secret Service under section 3056.CommentsClose CommentsPermalink





`(g) REQUESTS FOR MILITARY ASSISTANCE- The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 in support of Department of Justice activities relating to the enforcement of section 271 during an emergency situation involving a weapon of mass destruction. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10.CommentsClose CommentsPermalink





`(h) Definitions- As used in this section--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(2) the term `territorial sea of the United States' means all waters extending seaward to 12 nautical miles from the baselines of the United States, determined in accordance with international law; andCommentsClose CommentsPermalink





`(3) the term `Federal crime of terrorism' means an offense that--CommentsClose CommentsPermalink





`(A) is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct; andCommentsClose CommentsPermalink





`(B) is a violation of--CommentsClose CommentsPermalink





`(i) section 1301 (relating to destruction of aircraft or aircraft facilities), 1305 (relating to violence at international airports), 571 (relating to arson within special maritime and territorial jurisdiction), 621 or 623 (relating to biological weapons), 624 (relating to variola virus), 631 (relating to chemical weapons), 271 (relating weapons of mass destruction and explosives and other lethal devices), 612(m) or (n) (relating to plastic explosives), 614(f)(2) or (3) (relating to arson and bombing of Government property risking or causing death), 614(i) (relating to arson and bombing of property used in interstate commerce), 593(c) (relating to killing or attempted killing during an attack on a Federal facility with a dangerous weapon), 102(5) or (9) (relating to killings abroad), 787(a)(1) (relating to protection of computers), 787(a)(5)(A)(i) resulting in damage as defined in 787(a)(5)(B)(ii) through (v) (relating to protection of computers), 102(2), (4), or (8) (relating to killing of officers and employees of the United States foreign officials, official guests, or internationally protected persons), 123 (relating to hostage taking), 1201 (relating to government property or contracts), 1202 (relating to destruction of communication lines, stations, or systems), 1203 (relating to injury to buildings or property within special maritime and territorial jurisdiction of the United States), 1205(a) (relating to destruction of an energy facility), 1331 (relating to terrorist attacks and other acts of violence against mass transportation systems), 274 (relating to financial transactions), 275 (relating to missile systems designed to destroy aircraft), 276 (relating to radiological dispersal devices), 277 (relating to harboring terrorists), 278 (relating to providing material support to terrorists), 279 (relating to providing material support to terrorist organizations), 280 (relating to financing of terrorism, or 1291 (relating to torture) of this title;CommentsClose CommentsPermalink





`(ii) section 92 (relating to prohibitions governing atomic weapons) or 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2122 or 2284); orCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink

`Sec. 274. Financial transactions

`(a) Offense- Except as provided in regulations issued by the Secretary of the Treasury, in consultation with the Secretary of State, whoever, being a United States person, knowing or having reasonable cause to know that a country is designated under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405) as a country supporting international terrorism, engages in a financial transaction with the government of that country, shall be imprisoned for not more than 10 years.CommentsClose CommentsPermalink





`(b) Definitions- As used in this section--CommentsClose CommentsPermalink





`(1) the term `financial transaction' has the same meaning as in section 1451; andCommentsClose CommentsPermalink





`(2) the term `United States person' means any--CommentsClose CommentsPermalink





`(A) United States citizen or national;CommentsClose CommentsPermalink





`(B) permanent resident alien;CommentsClose CommentsPermalink





`(C) juridical person organized under the laws of the United States; orCommentsClose CommentsPermalink





`(D) any person in the United States.CommentsClose CommentsPermalink

`Sec. 275. Missile systems designed to destroy aircraft

`(a) Unlawful Conduct-CommentsClose CommentsPermalink





`(1) In general- Except as provided in paragraph (3), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use--CommentsClose CommentsPermalink





`(A) an explosive or incendiary rocket or missile that is guided by any system designed to enable the rocket or missile to--CommentsClose CommentsPermalink





`(i) seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an aircraft; orCommentsClose CommentsPermalink





`(ii) otherwise direct or guide the rocket or missile to an aircraft;CommentsClose CommentsPermalink





`(B) any device designed or intended to launch or guide a rocket or missile described in subparagraph (A); orCommentsClose CommentsPermalink





`(C) any part or combination of parts designed or redesigned for use in assembling or fabricating a rocket, missile, or device described in subparagraph (A) or (B).CommentsClose CommentsPermalink





`(2) Nonweapon- Paragraph (1)(A) does not apply to any device that is neither designed nor redesigned for use as a weapon.CommentsClose CommentsPermalink





`(3) Excluded conduct- This subsection does not apply with respect to--CommentsClose CommentsPermalink





`(A) conduct by or under the authority of the United States or any department or agency thereof or of a State or any department or agency thereof; orCommentsClose CommentsPermalink





`(B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof or with a State or any department or agency thereof.CommentsClose CommentsPermalink





`(b) Jurisdiction- Conduct prohibited by subsection (a) is within the jurisdiction of the United States if--CommentsClose CommentsPermalink





`(1) the offense occurs in or affects interstate or foreign commerce;CommentsClose CommentsPermalink





`(2) the offense occurs outside of the United States and is committed by a national of the United States;CommentsClose CommentsPermalink





`(3) the offense is committed against a national of the United States while the national is outside the United States;CommentsClose CommentsPermalink





`(4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; orCommentsClose CommentsPermalink





`(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.CommentsClose CommentsPermalink





`(c) Criminal Penalties-CommentsClose CommentsPermalink





`(1) In general- Any person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 25 years or to imprisonment for life.CommentsClose CommentsPermalink





`(2) Other circumstances- Any person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or imprisoned for life.CommentsClose CommentsPermalink





`(3) Special circumstances- If the death of another results from a person's violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by imprisonment for life.CommentsClose CommentsPermalink





`(d) Definition- As used in this section, the term `aircraft' has the definition set forth in section 40102(a)(6) of title 49.CommentsClose CommentsPermalink

`Sec. 276. Radiological dispersal devices

`(a) Unlawful Conduct-CommentsClose CommentsPermalink





`(1) In general- Except as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use--CommentsClose CommentsPermalink





`(A) any weapon that is designed or intended to release radiation or radioactivity at a level dangerous to human life; orCommentsClose CommentsPermalink





`(B) any device or other object that is capable of and designed or intended to endanger human life through the release of radiation or radioactivity.CommentsClose CommentsPermalink





`(2) Exception- This subsection does not apply with respect to--CommentsClose CommentsPermalink





`(A) conduct by or under the authority of the United States or any department or agency thereof; orCommentsClose CommentsPermalink





`(B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof.CommentsClose CommentsPermalink





`(b) Jurisdiction- Conduct prohibited by subsection (a) is within the jurisdiction of the United States if--CommentsClose CommentsPermalink





`(1) the offense occurs in or affects interstate or foreign commerce;CommentsClose CommentsPermalink





`(2) the offense occurs outside of the United States and is committed by a national of the United States;CommentsClose CommentsPermalink





`(3) the offense is committed against a national of the United States while the national is outside the United States;CommentsClose CommentsPermalink





`(4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; orCommentsClose CommentsPermalink





`(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.CommentsClose CommentsPermalink





`(c) Criminal Penalties-CommentsClose CommentsPermalink





`(1) In general- Whoever violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 25 years or to imprisonment for life.CommentsClose CommentsPermalink





`(2) Other circumstances- Any person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or imprisoned for life.CommentsClose CommentsPermalink





`(3) Special circumstances- If the death of another results from a person's violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by imprisonment for life.CommentsClose CommentsPermalink

`Sec. 277. Harboring or concealing terrorists

`(a) OFFENSE- Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe, has committed, or is about to commit, an offense under section 1301 (relating to destruction of aircraft or aircraft facilities), section 621 (relating to biological weapons), section 631 (relating to chemical weapons), section 601 (relating to nuclear materials), paragraph (2) or (3) of section 614(f) (relating to arson and bombing of government property risking or causing injury or death), section 1205(a) (relating to the destruction of an energy facility), section 13.AF404.51 (relating to violence against maritime navigation), section 271 (relating to weapons of mass destruction), or section 273 (relating to acts of terrorism transcending national boundaries) of this title, section 236(a) (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)), or section 46502 (relating to aircraft piracy) of title 49, shall imprisoned not more than ten years.CommentsClose CommentsPermalink





`(b) VENUE- A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.CommentsClose CommentsPermalink

`Sec. 278. Providing material support to terrorists

`(a) Offense- Whoever provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, a violation of section 271, 273, 276, 1301, 1306, 571, 621, 631, 102, 112, 121(m) or (n), 601, 1201, 1202, 1203, 1205, 1331, 1651, 1291, 278, or 279 of this title, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284) section 46502 or 60123(b) of title 49, or any offense listed in section 273(g)(5)(B) (except for sections 278 and 279) or in preparation for, or in carrying out, the concealment of an escape from the commission of any such violation, or attempts or conspires to do such an act, shall be fined under this title, imprisoned not more than 15 years, or both. A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law, and, if the death of any person results, shall be imprisoned for any term of years or for life.CommentsClose CommentsPermalink





`(b) Definitions- As used in this section--CommentsClose CommentsPermalink





`(1) the term `material support or resources' means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself), and transportation, except medicine or religious materials;CommentsClose CommentsPermalink





`(2) the term `training' means instruction or teaching designed to impart a specific skill, as opposed to general knowledge; andCommentsClose CommentsPermalink





`(3) the term `expert advice or assistance' means advice or assistance derived from scientific, technical or other specialized knowledge.CommentsClose CommentsPermalink

`Sec. 279. Providing material support or resources to designated foreign terrorist organizations

`(a) Prohibited Activities-CommentsClose CommentsPermalink





`(1) Unlawful conduct- Whoever as made applicable by subsection (d) knowingly provides material support or resources to a foreign terrorist organization, or attempts or conspires to do so, shall be imprisoned not more than 15 years, or both, and if the death of any person results, shall be imprisoned for any term of years or for life. To violate this paragraph, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (g)(6)), that the organization has engaged or engages in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989).CommentsClose CommentsPermalink





`(2) Financial institutions- Except as authorized by the Secretary, any financial institution that becomes aware that it has possession of, or control over, any funds in which a foreign terrorist organization, or its agent, has an interest, shall--CommentsClose CommentsPermalink





`(A) retain possession of, or maintain control over, such funds; andCommentsClose CommentsPermalink





`(B) report to the Secretary the existence of such funds in accordance with regulations issued by the Secretary.CommentsClose CommentsPermalink





`(b) Civil Penalty- Any financial institution that knowingly fails to comply with subsection (a)(2) shall be subject to a civil penalty in an amount that is the greater of--CommentsClose CommentsPermalink





`(A) $50,000 per violation; orCommentsClose CommentsPermalink





`(B) twice the amount of which the financial institution was required under subsection (a)(2) to retain possession or control.CommentsClose CommentsPermalink





`(c) Injunction- Whenever it appears to the Secretary or the Attorney General that any person is engaged in, or is about to engage in, any act that constitutes, or would constitute, a violation of this section, the Attorney General may initiate civil action in a district court of the United States to enjoin such violation.CommentsClose CommentsPermalink





`(d) Federal Nexus- Subsection (a) applies if--CommentsClose CommentsPermalink





`(1) an offender is a national of the United States or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)));CommentsClose CommentsPermalink





`(2) an offender is a stateless person whose habitual residence is in the United States;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(4) the offense occurs in whole or in part within the United States;CommentsClose CommentsPermalink





`(5) the offense occurs in or affects interstate or foreign commerce; orCommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(e) Investigations-CommentsClose CommentsPermalink





`(1) In general- The Attorney General shall conduct any investigation of a possible violation of this section, or of any license, order, or regulation issued pursuant to this section.CommentsClose CommentsPermalink





`(2) Coordination with the department of the treasury- The Attorney General shall work in coordination with the Secretary in investigations relating to--CommentsClose CommentsPermalink





`(A) the compliance or noncompliance by a financial institution with the requirements of subsection (a)(2); andCommentsClose CommentsPermalink





`(B) civil penalty proceedings authorized under subsection (b).CommentsClose CommentsPermalink





`(3) Referral- Any evidence of a criminal violation of this section arising in the course of an investigation by the Secretary or any other Federal agency shall be referred immediately to the Attorney General for further investigation. The Attorney General shall timely notify the Secretary of any action taken on referrals from the Secretary, and may refer investigations to the Secretary for remedial licensing or civil penalty action.CommentsClose CommentsPermalink





`(f) Classified Information in Civil Proceedings Brought by the United States-CommentsClose CommentsPermalink





`(1) Discovery of classified information by defendants-CommentsClose CommentsPermalink





`(A) Request by United States- In any civil proceeding under this section, upon request made ex parte and in writing by the United States, a court, upon a sufficient showing, may authorize the United States to--CommentsClose CommentsPermalink





`(i) redact specified items of classified information from documents to be introduced into evidence or made available to the defendant through discovery under the Federal Rules of Civil Procedure;CommentsClose CommentsPermalink





`(ii) substitute a summary of the information for such classified documents; orCommentsClose CommentsPermalink





`(iii) substitute a statement admitting relevant facts that the classified information would tend to prove.CommentsClose CommentsPermalink





`(B) Order granting request- If the court enters an order granting a request under this paragraph, the entire text of the documents to which the request relates shall be sealed and preserved in the records of thecourt to be made available to the appellate court in the event of an appeal.CommentsClose CommentsPermalink





`(C) Denial of request- If the court enters an order denying a request of the United States under this paragraph, the United States may take an immediate, interlocutory appeal in accordance with paragraph (5). For purposes of such an appeal, the entire text of the documents to which the request relates, together with any transcripts of arguments made ex parte to the court in connection therewith, shall be maintained under seal and delivered to the appellate court.CommentsClose CommentsPermalink





`(2) Introduction of classified information; precautions by court-CommentsClose CommentsPermalink





`(A) Exhibits- To prevent unnecessary or inadvertent disclosure of classified information in a civil proceeding brought by the United States under this section, the United States may petition the court ex parte to admit, in lieu of classified writings, recordings, or photographs, one or more of the following:CommentsClose CommentsPermalink





`(i) Copies of items from which classified information has been redacted.CommentsClose CommentsPermalink





`(ii) Stipulations admitting relevant facts that specific classified information would tend to prove.CommentsClose CommentsPermalink





`(iii) A declassified summary of the specific classified information.CommentsClose CommentsPermalink





`(B) Determination by court- The court shall grant a request under this paragraph if the court finds that the redacted item, stipulation, or summary is sufficient to allow the defendant to prepare a defense.CommentsClose CommentsPermalink





`(3) Taking of trial testimony-CommentsClose CommentsPermalink





`(A) Objection- During the examination of a witness in any civil proceeding brought by the United States under this subsection, the United States may object to any question or line of inquiry that may require the witness to disclose classified information not previously found to be admissible.CommentsClose CommentsPermalink





`(B) Action by court- In determining whether a response is admissible, the court shall take precautions to guard against the compromise of any classified information, including--CommentsClose CommentsPermalink





`(i) permitting the United States to provide the court, ex parte, with a proffer of the witness's response to the question or line of inquiry; andCommentsClose CommentsPermalink





`(ii) requiring the defendant to provide the court with a proffer of the nature of the information that the defendant seeks to elicit.CommentsClose CommentsPermalink





`(C) Obligation of defendant- In any civil proceeding under this section, it shall be the defendant's obligation to establish the relevance and materiality of any classified information sought to be introduced.CommentsClose CommentsPermalink





`(4) Appeal- If the court enters an order denying a request of the United States under this subsection, the United States may take an immediate interlocutory appeal in accordance with paragraph (5).CommentsClose CommentsPermalink





`(5) Interlocutory appeal-CommentsClose CommentsPermalink





`(A) Subject of appeal- An interlocutory appeal by the United States shall lie to a court of appeals from a decision or order of a district court--CommentsClose CommentsPermalink





`(i) authorizing the disclosure of classified information;CommentsClose CommentsPermalink





`(ii) imposing sanctions for nondisclosure of classified information; orCommentsClose CommentsPermalink





`(iii) refusing a protective order sought by the United States to prevent the disclosure of classified information.CommentsClose CommentsPermalink





`(B) Expedited consideration-CommentsClose CommentsPermalink





`(i) In general- An appeal taken pursuant to this paragraph, either before or during trial, shall be expedited by the court of appeals.CommentsClose CommentsPermalink





`(ii) Appeals prior to trial- If an appeal is of an order made prior to trial, an appeal shall be taken not later than 10 days after the decision or order appealed from, and the trial shall not commence until the appeal is resolved.CommentsClose CommentsPermalink





`(iii) Appeals during trial- If an appeal is taken during trial, the trial court shall adjourn the trial until the appeal is resolved, and the court of appeals--CommentsClose CommentsPermalink





`(I) shall hear argument on such appeal not later than 4 days after the adjournment of the trial;CommentsClose CommentsPermalink





`(II) may dispense with written briefs other than the supporting materials previously submitted to the trial court;CommentsClose CommentsPermalink





`(III) shall render its decision not later than 4 days after argument on appeal; andCommentsClose CommentsPermalink





`(IV) may dispense with the issuance of a written opinion in rendering its decision.CommentsClose CommentsPermalink





`(C) Effect of ruling- An interlocutory appeal and decision shall not affect the right of the defendant, in a subsequent appeal from a final judgment, to claim as error reversal by the trial court on remand of a ruling appealed from during trial.CommentsClose CommentsPermalink





`(6) Construction- Nothing in this subsection shall prevent the United States from seeking protective orders or asserting privileges ordinarily available to the United States to protect against the disclosure of classified information, including the invocation of the military and State secrets privilege.CommentsClose CommentsPermalink





`(g) Definitions- As used in this section--CommentsClose CommentsPermalink





`(1) the term `classified information' has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.);CommentsClose CommentsPermalink





`(2) the term `funds' includes coin or currency of the United States or any other country, traveler's checks, personal checks, bank checks, money orders, stocks, bonds, debentures, drafts, letters of credit, any other negotiable instrument, and any electronic representation of any of the foregoing;CommentsClose CommentsPermalink





`(3) the term `material support or resources' has the same meaning given that term in section 2339A (including the definitions of `training' and `expert advice or assistance' in that section);CommentsClose CommentsPermalink





`(4) the term `Secretary' means the Secretary of the Treasury; andCommentsClose CommentsPermalink





`(6) the term `terrorist organization' means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act.CommentsClose CommentsPermalink





`(h) Provision of Personnel- No person may be prosecuted under this section in connection with the term `personnel' unless that person has knowingly provided, attempted to provide, or conspired to provide a foreign terrorist organization with 1 or more individuals (who may be or include himself) to work under that terrorist organization's direction or control or to organize, manage, supervise, or otherwise direct the operation of that organization. Individuals who act entirely independently of the foreign terrorist organization to advance its goals or objectives shall not be considered to be working under the foreign terrorist organization's direction and control.CommentsClose CommentsPermalink





`(i) Rule of Construction- Nothing in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the First Amendment to the Constitution of the United States.CommentsClose CommentsPermalink





`(j) Exception- No person may be prosecuted under this section in connection with the term `personnel', `training', or `expert advice or assistance' if the provision of that material support or resources to a foreign terrorist organization was approved by the Secretary of State with the concurrence of the Attorney General. The Secretary of State may not approve the provision of any material support that may be used to carry out terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act).CommentsClose CommentsPermalink

`Sec. 280. Prohibitions against the financing of terrorism

`(a) Offenses-CommentsClose CommentsPermalink





`(1) In general- Whoever, in a circumstance described in subsection (b), by any means, directly or indirectly, unlawfully and knowingly provides or collects funds with the intention that such funds be used, or with the knowledge that such funds are to be used, in full or in part, in order to carry out--CommentsClose CommentsPermalink





`(A) an act which constitutes an offense within the scope of a treaty specified in subsection (e)(7), as implemented by the United States, orCommentsClose CommentsPermalink





`(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,CommentsClose CommentsPermalink





shall be punished as prescribed in subsection (d)(1).CommentsClose CommentsPermalink





`(2) Attempts and conspiracies- Whoever attempts or conspires to commit an offense under paragraph (1) shall be punished as prescribed in subsection (d)(1).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(b) Jurisdiction- There is jurisdiction over the offenses in subsection (a) in the following circumstances--CommentsClose CommentsPermalink





`(1) the offense takes place in the United States and--CommentsClose CommentsPermalink





`(A) a perpetrator was a national of another state or a stateless person;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(C) on board an aircraft which is operated by the government of another state;CommentsClose CommentsPermalink





`(D) a perpetrator is found outside the United States;CommentsClose CommentsPermalink





`(E) was directed toward or resulted in the carrying out of a predicate act against--CommentsClose CommentsPermalink





`(i) a national of another state; orCommentsClose CommentsPermalink





`(ii) another state or a government facility of such state, including its embassy or other diplomatic or consular premises of that state;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(G) was directed toward or resulted in the carrying out of a predicate act--CommentsClose CommentsPermalink





`(i) outside the United States; orCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(2) the offense takes place outside the United States and--CommentsClose CommentsPermalink





`(A) a perpetrator is a national of the United States or is a stateless person whose habitual residence is in the United States;CommentsClose CommentsPermalink





`(B) a perpetrator is found in the United States; orCommentsClose CommentsPermalink





`(C) was directed toward or resulted in the carrying out of a predicate act against--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(ii) any person or property within the United States;CommentsClose CommentsPermalink





`(iii) any national of the United States or the property of such national; orCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(4) the offense is committed on board an aircraft which is operated by the United States; orCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(c) Concealment- Whoever--CommentsClose CommentsPermalink





`(1)(A) is in the United States; orCommentsClose CommentsPermalink





`(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); andCommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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),CommentsClose CommentsPermalink





shall be punished as prescribed in subsection (d)(2).CommentsClose CommentsPermalink





`(d) Penalties-CommentsClose CommentsPermalink





`(1) Subsection (a)- Whoever violates subsection (a) shall be imprisoned for not more than 20 years.CommentsClose CommentsPermalink





`(2) Subsection (c)- Whoever violates subsection (c) shall be imprisoned for not more than 10 years.CommentsClose CommentsPermalink





`(e) Definitions- In this section--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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);CommentsClose CommentsPermalink





`(4) the term `provides' includes giving, donating, and transmitting;CommentsClose CommentsPermalink





`(5) the term `collects' includes raising and receiving;CommentsClose CommentsPermalink





`(6) the term `predicate act' means any act referred to in subparagraph (A) or (B) of subsection (a)(1);CommentsClose CommentsPermalink





`(7) the term `treaty' means--CommentsClose CommentsPermalink





`(A) the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on December 16, 1970;CommentsClose CommentsPermalink





`(B) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on September 23, 1971;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(D) the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on December 17, 1979;CommentsClose CommentsPermalink





`(E) the Convention on the Physical Protection of Nuclear Material, adopted at Vienna on March 3, 1980;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(G) the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(I) the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on December 15, 1997;CommentsClose CommentsPermalink





`(8) the term `intergovernmental organization' includes international organizations;CommentsClose CommentsPermalink





`(9) the term `international organization' has the same meaning as in section 136;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(11) the term `material support or resources' has the same meaning given that term in section 2339B(g)(4) of this title; andCommentsClose CommentsPermalink





`(12) the term `state' has the same meaning as that term has under international law, and includes all political subdivisions thereof.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink

`Sec. 281. Receiving military-type training from a foreign terrorist organization

`(a) Offense- Whoever, if a circumstance exists that is described in section 279(d), knowingly receives military-type training from or on behalf of any organization designated at the time of the training by the Secretary of State under section 219(a)(1) of the Immigration and Nationality Act as a foreign terrorist organization shall be imprisoned for ten years. To violate this subsection, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (c)(4)), that the organization has engaged or engages in terrorist activity (as defined in section 212 of the Immigration and Nationality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989).CommentsClose CommentsPermalink





`(b) Definitions- As used in this section--CommentsClose CommentsPermalink





`(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));CommentsClose CommentsPermalink





`(2) the term `critical infrastructure' means systems and assets vital to national defense, national security, economic security, public health or safety including both regional and national infrastructure. Critical infrastructure may be publicly or privately owned; examples of critical infrastructure include gas and oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical power generation or delivery systems, financing and banking systems, emergency services (including medical, police, fire, and rescue services), and transportation systems and services (including highways, mass transit, airlines, and airports); andCommentsClose CommentsPermalink





`(3) the term `foreign terrorist organization' means an organization designated as a terrorist organization under section 219(a)(1) of the Immigration and Nationality Act.CommentsClose CommentsPermalink

`Sec. 282. Civil remedies

`(a) Action and Jurisdiction- Any national of the United States who suffers any loss by reason of an act of international terrorism, or the estate, survivors, or heirs of that national, may in a civil action in any appropriate district court of the United States recover threefold the damages sustained and the cost of the suit, including attorney's fees.CommentsClose CommentsPermalink





`(b) Estoppel Under United States Law- A final judgment or decree rendered in favor of the United States in any criminal proceeding under section 102, 111, 112, 121, or 123 of this title or section 46314, 46502, 46505, or 46506 of title 49 shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section.CommentsClose CommentsPermalink





`(c) Estoppel Under Foreign Law- A final judgment or decree rendered in favor of any foreign state in any criminal proceeding shall, to the extent that such judgment or decree may be accorded full faith and credit under the law of the United States, estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section.CommentsClose CommentsPermalink





`(d) General Venue- A civil action under this section may be instituted the United States district court for any district where any plaintiff resides or where any defendant resides or is served, or has an agent. Process in such a civil action may be served in any district where the defendant resides, is found, or has an agent.CommentsClose CommentsPermalink





`(e) Special Maritime or Territorial Jurisdiction- If the actions giving rise to the claim occurred within the special maritime and territorial jurisdiction of the United States, then a civil action under this section may be instituted in the United States district court for any district in which any plaintiff resides or the defendant resides, is served, or has an agent.CommentsClose CommentsPermalink





`(f) Service on Witnesses- A witness in a civil action brought under this section may be served in any other district where the defendant resides, is found, or has an agent.CommentsClose CommentsPermalink





`(g) Convenience of the Forum- The district court shall not dismiss any action brought under this section on the grounds of the inconvenience or inappropriateness of the forum chosen, unless--CommentsClose CommentsPermalink





`(1) the action may be maintained in a foreign court that has jurisdiction over the subject matter and over all the defendants;CommentsClose CommentsPermalink





`(2) that foreign court is significantly more convenient and appropriate; andCommentsClose CommentsPermalink





`(3) that foreign court offers a remedy which is substantially the same as the one available in the courts of the United States.CommentsClose CommentsPermalink





`(h) Statute of Limitations-CommentsClose CommentsPermalink





`(1) Subject to subsection (b), a civil action under this section shall not be maintained unless commenced within 4 years after the date the cause of action accrued.CommentsClose CommentsPermalink





`(2) The time of the absence of the defendant from the United States or from any jurisdiction in which the same or a similar action arising from the same facts may be maintained by the plaintiff, or of any concealment of the defendant's whereabouts, shall not be included in the 4-year period set forth in paragraph (1).CommentsClose CommentsPermalink





`(i) Acts of War- No action shall be maintained under this section of this title for injury or loss by reason of an act of war.CommentsClose CommentsPermalink





`(j) Limitation on Discovery- If a party to an action under this section seeks to discover the investigative files of the Department of Justice, the Assistant Attorney General, Deputy Attorney General, or Attorney General may object on the ground that compliance will interfere with a criminal investigation or prosecution of the incident, or a national security operation related to the incident, which is the subject of the civil litigation. The court shall evaluate any such objections in camera and shall stay the discovery if the court finds that granting the discovery request will substantially interfere with a criminal investigation or prosecution of the incident or a national security operation related to the incident. The court shall consider the likelihood of criminal prosecution by the Government and other factors it deems to be appropriate. A stay of discovery under this subsection shall constitute a bar to the granting of a motion to dismiss under rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. If the court grants a stay of discovery under this subsection, it may stay the action in the interests of justice.CommentsClose CommentsPermalink





`(k) Stay of Action for Civil Remedies-CommentsClose CommentsPermalink





`(1) The Attorney General may intervene in any civil action brought under this section for the purpose of seeking a stay of the civil action. A stay shall be granted if the court finds that the continuation of the civil action will substantially interfere with a criminal prosecution which involves the same subject matter and in which an indictment has been returned, or interfere with national security operations related to the terrorist incident that is the subject of the civil action. A stay may be granted for up to 6 months. The Attorney General may petition the court for an extension of the stay for additional 6-month periods until the criminal prosecution is completed or dismissed.CommentsClose CommentsPermalink





`(2) In a proceeding under this subsection, the Attorney General may request that any order issued by the court for release to the parties and the public omit any reference to the basis on which the stay was sought.CommentsClose CommentsPermalink





`(l) SUITS AGAINST GOVERNMENTS- No action shall be maintained under this section against--CommentsClose CommentsPermalink





`(1) the United States, an agency of the United States, or an officer or employee of the United States or any agency thereof acting within his or her official capacity or under color of legal authority; orCommentsClose CommentsPermalink





`(2) a foreign state, an agency of a foreign state, or an officer or employee of a foreign state or an agency thereof acting within his or her official capacity or under color of legal authority.CommentsClose CommentsPermalink





`(m) EXCLUSIVE JURISDICTION- The district courts of the United States shall have exclusive original jurisdiction over an action brought under this section.CommentsClose CommentsPermalink

`Sec. 283. Definitions for subchapter

`As used in this subchapter--CommentsClose CommentsPermalink





`(1) the term `international terrorism' means activities that--CommentsClose CommentsPermalink





`(A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State;CommentsClose CommentsPermalink





`(B) appear to be intended--CommentsClose CommentsPermalink





`(i) to intimidate or coerce a civilian population;CommentsClose CommentsPermalink





`(ii) to influence the policy of a government by intimidation or coercion; orCommentsClose CommentsPermalink





`(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; andCommentsClose CommentsPermalink





`(C) occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum;CommentsClose CommentsPermalink





`(3) the term `person' means any individual or entity capable of holding a legal or beneficial interest in property;CommentsClose CommentsPermalink





`(4) the term `act of war' means any act occurring in the course of--CommentsClose CommentsPermalink





`(A) declared war;CommentsClose CommentsPermalink





`(B) armed conflict, whether or not war has been declared, between two or more nations; orCommentsClose CommentsPermalink





`(C) armed conflict between military forces of any origin; andCommentsClose CommentsPermalink





`(5) the term `domestic terrorism' means activities that--CommentsClose CommentsPermalink





`(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;CommentsClose CommentsPermalink





`(B) appear to be intended--CommentsClose CommentsPermalink





`(i) to intimidate or coerce a civilian population;CommentsClose CommentsPermalink





`(ii) to influence the policy of a government by intimidation or coercion; orCommentsClose CommentsPermalink





`(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; andCommentsClose CommentsPermalink





`(C) occur primarily within the territorial jurisdiction of the United States.CommentsClose CommentsPermalink

`SUBCHAPTER C--MILITARY AND NAVY

`Sec.CommentsClose CommentsPermalink

`291. Entering military, naval, or Coast Guard property.CommentsClose CommentsPermalink





`292. Use of Army and Air Force as posse comitatus.CommentsClose CommentsPermalink





`293. Prohibition on disruptions of funerals of members or former members of the Armed Forces.CommentsClose CommentsPermalink





`294. Demonstrations at cemeteries under the control of the National Cemetery Administration and at Arlington National Cemetery.CommentsClose CommentsPermalink

`Sec. 291. Entering military, naval, or Coast Guard property

`Whoever--CommentsClose CommentsPermalink





`(1) within the jurisdiction of the United States, goes upon any military, naval, or Coast Guard reservation, post, fort, arsenal, yard, station, or installation, for any purpose prohibited by law or lawful regulation; orCommentsClose CommentsPermalink





`(2) reenters or is found within any such reservation, post, fort, arsenal, yard, station, or installation, after having been removed therefrom or ordered not to reenter by any officer or person in command or charge thereof;CommentsClose CommentsPermalink





shall be or imprisoned not more than six months.CommentsClose CommentsPermalink

`Sec. 292. Use of Army and Air Force as posse comitatus

`Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, knowingly uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be imprisoned not more than two years.CommentsClose CommentsPermalink

`Sec. 293. Prohibition on disruptions of funerals of members or former members of the Armed Forces

`(a) Prohibition- For any funeral of a member or former member of the Armed Forces that is not located at a cemetery under the control of the National Cemetery Administration or part of Arlington National Cemetery, it shall be unlawful for any person to engage in an activity during the period beginning 60 minutes before and ending 60 minutes after such funeral, any part of which activity--CommentsClose CommentsPermalink





`(1)(A) takes place within the boundaries of the location of such funeral or takes place within 150 feet of the point of the intersection between--CommentsClose CommentsPermalink





`(i) the boundary of the location of such funeral; andCommentsClose CommentsPermalink





`(ii) a road, pathway, or other route of ingress to or egress from the location of such funeral; andCommentsClose CommentsPermalink





`(B) includes any individual willfully making or assisting in the making of any noise or diversion that is not part of such funeral and that disturbs or tends to disturb the peace or good order of such funeral with the intent of disturbing the peace or good order of that funeral; orCommentsClose CommentsPermalink





`(2)(A) is within 300 feet of the boundary of the location of such funeral; andCommentsClose CommentsPermalink





`(B) includes any individual willfully and without proper authorization impeding the access to or egress from such location with the intent to impede the access to or egress from such location.CommentsClose CommentsPermalink





`(b) Penalty- Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 1 year, or both.CommentsClose CommentsPermalink





`(c) Definitions- In this section:CommentsClose CommentsPermalink





`(1) The term `Armed Forces' has the meaning given the term in section 101 of title 10.CommentsClose CommentsPermalink





`(2) The term `funeral of a member or former member of the Armed Forces' means any ceremony or memorial service held in connection with the burial or cremation of a member or former member of the Armed Forces.CommentsClose CommentsPermalink





`(3) The term `boundary of the location', with respect to a funeral of a member or former member of the Armed Forces, means--CommentsClose CommentsPermalink





`(A) in the case of a funeral of a member or former member of the Armed Forces that is held at a cemetery, the property line of the cemetery;CommentsClose CommentsPermalink





`(B) in the case of a funeral of a member or former member of the Armed Forces that is held at a mortuary, the property line of the mortuary;CommentsClose CommentsPermalink





`(C) in the case of a funeral of a member or former member of the Armed Forces that is held at a house of worship, the property line of the house of worship; andCommentsClose CommentsPermalink





`(D) in the case of a funeral of a member or former member of the Armed Forces that is held at any other kind of location, the reasonable property line of that location.CommentsClose CommentsPermalink

`Sec. 294. Demonstrations at cemeteries under the control of the National Cemetery Administration and at Arlington National Cemetery

`Whoever violates section 2413 of title 38 shall be fined under this title, imprisoned for not more than one year, or both.CommentsClose CommentsPermalink

`SUBCHAPTER D--CIVIL DISORDERS AND RIOTS

`Sec.CommentsClose CommentsPermalink

`296. Civil disorders.CommentsClose CommentsPermalink

`Sec. 296. Civil disorders

`(a) OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) teaches or demonstrates to any other person the use, application, or making of any firearm or explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully employed for use in, or in furtherance of, a civil disorder which is in or affects interstate or foreign commerce or the performance of any federally protected function;CommentsClose CommentsPermalink





`(2) transports or manufactures for transportation in or affecting interstate or foreign commerce any firearm or explosive or incendiary device, knowing or having reason to know or intending that the same will be used unlawfully in furtherance of a civil disorder; orCommentsClose CommentsPermalink





`(3) commits or attempts to commit any act to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in the lawful performance of official duties incident to and during the commission of a civil disorder which is in or affects commerce or the conduct or performance of any federally protected function;CommentsClose CommentsPermalink





shall be imprisoned not more than five years.CommentsClose CommentsPermalink





`(b) LAW ENFORCMENT EXCLUSION- Nothing in this section makes unlawful any act of any law enforcement officer which is performed in the lawful performance of official duties.CommentsClose CommentsPermalink





`(c) DEFINTIONS- The following definitions apply in this section:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) The term `federally protected function' means any function, operation, or action carried out, under the laws of the United States, by any department, agency, or instrumentality of the United States or by an officer or employee thereof; and such term includes the collection and distribution of the United States mails.CommentsClose CommentsPermalink





`(3) The term `firearm' means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon.CommentsClose CommentsPermalink





`(4) The term `explosive or incendiary device' means--CommentsClose CommentsPermalink





`(A) dynamite and all other forms of high explosives;CommentsClose CommentsPermalink





`(B) any explosive bomb, grenade, missile, or similar device; andCommentsClose CommentsPermalink





`(C) any incendiary bomb or grenade, fire bomb, or similar device, including any device which--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(ii) can be carried or thrown by one individual acting alone.CommentsClose CommentsPermalink





`(5) The term `fireman' means any member of a fire department (including a volunteer fire department) of any State, any political subdivision of a State.CommentsClose CommentsPermalink





`(6) The term `law enforcement officer' means any officer or employee of the United States, of any State or any political subdivision of a State while engaged in the enforcement or prosecution of any of the criminal laws of the United States or of that State or subdivision; and such term includes members of the National Guard (as defined in section 101 of title 10), members of the organized militia of a State (as defined in section 101 of title 10), and members of the Armed Forces of the United States, while engaged in suppressing acts of violence or restoring law and order during a civil disorder.CommentsClose CommentsPermalink





`(d) NON-PREMPTION- Nothing in this section shall be construed as indicating an intent on the part of Congress to occupy the field in which any provisions of the section operate to the exclusion of State or local laws on the same subject matter, nor shall any provision of this section be construed to invalidate any provision of State law unless such provision is inconsistent with any of the purposes of this section or any provision thereof.CommentsClose CommentsPermalink

`SUBCHAPTER E--ESPIONAGE AND CENSORSHIP

`Sec.CommentsClose CommentsPermalink

`301. General provisions for subchapter.CommentsClose CommentsPermalink





`302. Gathering or transmitting defense information.CommentsClose CommentsPermalink





`303. Losing defense information.CommentsClose CommentsPermalink





`304. Disclosure of classified and other similarly protected information.CommentsClose CommentsPermalink

`Sec. 301. General provisions for subchapter

`(a) Definition- In this subchapter, the term `foreign power' has the meaning given that term in section 101(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)).CommentsClose CommentsPermalink





`(b) Exclusion Relating to Lawful Demands of Congress- Nothing in this subchapter prohibits the furnishing, upon lawful demand, of information to any regularly constituted committee of the Senate or House of Representatives of the United States of America, or joint committee thereof.CommentsClose CommentsPermalink

`Sec. 302. Gathering or transmitting defense information

`Whoever, with intent or reason to believe that the information will be used to the injury of the United States, or to the advantage of any foreign power, knowingly--CommentsClose CommentsPermalink





`(1) obtains information connected with the national defense; orCommentsClose CommentsPermalink





`(2) provides information connected with the national defense to any person not entitled to receive it;CommentsClose CommentsPermalink





or attempts or conspires to do so, shall be imprisoned for life or for any term of years, and if death results, shall be subject to the death penalty.CommentsClose CommentsPermalink

`Sec. 303. Losing defense information

`Whoever, or having lawful possession or control of any information connected with the national defense--CommentsClose CommentsPermalink





`(1) recklessly permits that information to be lost, stolen, or destroyed; orCommentsClose CommentsPermalink





`(2) knowing that the information has been lost, or stolen, or destroyed, fails to make prompt report of that fact to an appropriate superior officer;CommentsClose CommentsPermalink





shall be fined under this title or imprisoned not more than 20 years, or both.CommentsClose CommentsPermalink

`Sec. 304. Disclosure of classified and other similarly protected information

`(a) Offense- Whoever knowingly provides protected information to a person not entitled to receive it, or knowingly uses protected information to the injury of the United States, or to the advantage of any foreign power, or attempts or conspires to do so, shall be fined under this title or imprisoned not more than 20 years, or both.CommentsClose CommentsPermalink





`(b) Definitions- In this section--CommentsClose CommentsPermalink





`(1) the term `protected information' means any classified information or any Restricted Data (as defined for the purposes of the Atomic Energy Act of 1954);CommentsClose CommentsPermalink





`(2) the term `classified information' means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government authority for limited or restricted dissemination or distribution--CommentsClose CommentsPermalink





`(A) concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign power;CommentsClose CommentsPermalink





`(B) concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States or any foreign power for cryptographic or communication intelligence purposes;CommentsClose CommentsPermalink





`(C) concerning the communication intelligence activities of the United States or any foreign power; orCommentsClose CommentsPermalink





`(D) obtained by the processes of communication intelligence from the communications of any foreign power, knowing the same to have been obtained by such processes; andCommentsClose CommentsPermalink





`(3) the terms `code', `cipher', and `cryptographic system' include any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications.CommentsClose CommentsPermalink

`SUBCHAPTER F--IMMIGRATION AND NATIONALITY

`Sec.CommentsClose CommentsPermalink

`311. False statement in application and use of passport.CommentsClose CommentsPermalink





`312. Forgery or false use of passport.CommentsClose CommentsPermalink





`313. Misuse of passport.CommentsClose CommentsPermalink





`314. Fraud and misuse of visas, permits, and other documents.CommentsClose CommentsPermalink





`315. Procurement of citizenship or naturalization unlawfully.CommentsClose CommentsPermalink





`316. Sale of naturalization or citizenship papers.CommentsClose CommentsPermalink





`317. Penalties related to removal.CommentsClose CommentsPermalink





`318. Bringing in and harboring certain aliens.CommentsClose CommentsPermalink





`319. Entry of alien at improper time or place; misrepresentation and concealment of facts.CommentsClose CommentsPermalink





`320. Reentry of removed alien.CommentsClose CommentsPermalink





`321. Aiding or assisting certain aliens to enter the United States.CommentsClose CommentsPermalink





`322. Increased penalty for certain terrorism related offenses.CommentsClose CommentsPermalink

`Sec. 311. False statement in application and use of passport

`Whoever--CommentsClose CommentsPermalink





`(1) knowingly makes any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United States, either for his own use or the use of another, contrary to the laws regulating the issuance of passports or the rules prescribed pursuant to such laws; orCommentsClose CommentsPermalink





`(2) knowingly uses or attempts to use, or furnishes to another for use any passport the issue of which was secured in any way by reason of any false statement;CommentsClose CommentsPermalink





shall be imprisoned not more than 15 years.CommentsClose CommentsPermalink

`Sec. 312. Forgery or false use of passport

`Whoever--CommentsClose CommentsPermalink





`(1) falsely makes, forges, counterfeits, mutilates, or alters any passport or instrument purporting to be a passport, with intent that the same may be used; orCommentsClose CommentsPermalink





`(2) knowingly uses, or attempts to use, or furnishes to another for use any such false, forged, counterfeited, mutilated, or altered passport or instrument purporting to be a passport, or any passport validly issued which has become void by the occurrence of any condition therein prescribed invalidating the same;CommentsClose CommentsPermalink





shall be imprisoned not more than 15 years.CommentsClose CommentsPermalink

`Sec. 313. Misuse of passport

`Whoever--CommentsClose CommentsPermalink





`(1) knowingly uses, or attempts to use, any passport issued or designed for the use of another;CommentsClose CommentsPermalink





`(2) knowingly uses or attempts to use any passport in violation of the conditions or restrictions therein contained, or of the rules prescribed pursuant to the laws regulating the issuance of passports; orCommentsClose CommentsPermalink





`(3) knowingly furnishes, disposes of, or delivers a passport to any person, for use by another than the person for whose use it was originally issued and designed;CommentsClose CommentsPermalink





shall be imprisoned not more than 15 years (in the case of any other offense).CommentsClose CommentsPermalink

`Sec. 314. Fraud and misuse of visas, permits, and other documents

`(a) FORGERY AND SIMILAR CONDUCT- Whoever--CommentsClose CommentsPermalink





`(1) knowingly forges, counterfeits, alters, or falsely makes any immigrant or nonimmigrant visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, or utters, uses, attempts to use, possesses, obtains, accepts, or receives any such visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, knowing it to be forged, counterfeited, altered, or falsely made, or to have been procured by means of any false claim or statement, or to have been otherwise procured by fraud or unlawfully obtained;CommentsClose CommentsPermalink





`(2) except under direction of the Attorney General or the Secretary of Homeland Security, or other proper officer, knowingly possesses any blank permit, or engraves, sells, brings into the United States, or has in his control or possession any plate in the likeness of a plate designed for the printing of permits, or makes any print, photograph, or impression in the likeness of any immigrant or nonimmigrant visa, permit or other document required for entry into the United States, or has in his possession a distinctive paper which has been adopted by the Attorney General or Secretary of Homeland Security for the printing of such visas, permits, or documents;CommentsClose CommentsPermalink





`(3) when applying for an immigrant or nonimmigrant visa, permit, or other document required for entry into the United States, or for admission to the United States personates another, or falsely appears in the name of a deceased individual, or evades or attempts to evade the immigration laws by appearing under an assumed or fictitious name without disclosing his true identity, or sells or otherwise disposes of, or offers to sell or otherwise dispose of, or utters, such visa, permit, or other document, to any person not authorized by law to receive such document; orCommentsClose CommentsPermalink





`(4) knowingly makes under oath, or as permitted under penalty of perjury under section 1746 of title 28, knowingly subscribes as true, any false statement with respect to a material fact in any application, affidavit, or other document required by the immigration laws or regulations prescribed thereunder, or knowingly presents any such application, affidavit, or other document which contains any such false statement or which fails to contain any reasonable basis in law or fact;CommentsClose CommentsPermalink





`shall be fined under this title or imprisoned not more than 15 years.CommentsClose CommentsPermalink





`(b) USE OF FORGED OF SIMILAR DOCUMENTS- Whoever uses--CommentsClose CommentsPermalink





`(1) an identification document, knowing or having reason to know that the document was not issued lawfully for the use of the possessor;CommentsClose CommentsPermalink





`(2) an identification document knowing (or having reason to know) that the document is false; orCommentsClose CommentsPermalink





`(3) a false attestation,CommentsClose CommentsPermalink





for the purpose of satisfying a requirement of section 274A(b) of the Immigration and Nationality Act, shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(c) EXCLUSION- This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under title V of the Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481).CommentsClose CommentsPermalink

`Sec. 315. Procurement of citizenship or naturalization unlawfully

`Whoever--CommentsClose CommentsPermalink





`(1) knowingly procures or attempts to procure, contrary to law, the naturalization of any person, or documentary or other evidence of naturalization or of citizenship; orCommentsClose CommentsPermalink





`(2) whether for himself or another person not entitled thereto, knowingly issues, procures or obtains or applies for or otherwise attempts to procure or obtain naturalization, or citizenship, or a declaration of intention to become a citizen, or a certificate of arrival or any certificate or evidence of nationalization or citizenship, documentary or otherwise, or duplicates or copies of any of the foregoing;CommentsClose CommentsPermalink





shall be imprisoned not more than 15 years.CommentsClose CommentsPermalink

`Sec. 316. Sale of naturalization or citizenship papers

`Whoever unlawfully sells or disposes of a declaration of intention to become a citizen, certificate of naturalization, certificate of citizenship or copies or duplicates or other documentary evidence of naturalization or citizenship, shall be imprisoned 15 years.CommentsClose CommentsPermalink

`Sec. 317. Penalties related to removal

`(a) PENALTY FOR FAILURE TO DEPART-CommentsClose CommentsPermalink





`(1) IN GENERAL- Any alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 237(a) of the Immigration and Nationality Act, who--CommentsClose CommentsPermalink





`(A) knowingly fails or refuses to depart from the United States within a period of 90 days from the date of the final order of removal under administrative processes, or if judicial review is had, then from the date of the final order of the court,CommentsClose CommentsPermalink





`(B) knowingly fails or refuses to make timely application in good faith for travel or other documents necessary to the alien's departure,CommentsClose CommentsPermalink





`(C) connives or conspires, or takes any other action, designed to prevent or hamper or with the purpose of preventing or hampering the alien's departure pursuant to such, orCommentsClose CommentsPermalink





`(D) knowingly fails or refuses to present himself or herself for removal at the time and place required by the Attorney General pursuant to such order,CommentsClose CommentsPermalink





shall be imprisoned not more than four years (or 10 years if the alien is a member of any of the classes described in paragraph (1)(E), (2), (3), or (4) of section 237(a) of the Immigration and Nationality Act).CommentsClose CommentsPermalink





`(2) EXCEPTION- It is not a violation of paragraph (1) to take any proper steps for the purpose of securing cancellation of or exemption from such order of removal or for the purpose of securing the alien's release from incarceration or custody.CommentsClose CommentsPermalink





`(3) SUSPENSION- The court may for good cause suspend the sentence of an alien under this subsection and order the alien's release under such conditions as the court may prescribe. In determining whether good cause has been shown to justify releasing the alien, the court shall take into account such factors as--CommentsClose CommentsPermalink





`(A) the age, health, and period of detention of the alien;CommentsClose CommentsPermalink





`(B) the effect of the alien's release upon the national security and public peace or safety;CommentsClose CommentsPermalink





`(C) the likelihood of the alien's resuming or following a course of conduct which made or would make the alien deportable;CommentsClose CommentsPermalink





`(D) the character of the efforts made by such alien himself and by representatives of the country or countries to which the alien's removal is directed to expedite the alien's departure from the United States;CommentsClose CommentsPermalink





`(E) the reason for the inability of the Government of the United States to secure passports, other travel documents, or removal facilities from the country or countries to which the alien has been ordered removed; andCommentsClose CommentsPermalink





`(F) the eligibility of the alien for discretionary relief under the immigration laws.CommentsClose CommentsPermalink





`(b) FAILURE TO COMPLY WITH TERMS OF RELEASE UNDER SUPERVISION- An alien who knowingly fails to comply with regulations or requirements issued pursuant to section 241(a)(3) of the Immigration and Nationality Act or knowingly give false information in response to an inquiry under such section shall be imprisoned for not more than one year.CommentsClose CommentsPermalink





`(c) PENALTIES RELATING TO VESSELS AND AIRCRAFT-CommentsClose CommentsPermalink





`(1) CIVIL PENALTIES-CommentsClose CommentsPermalink





`(A) FAILURE TO CARRY OUT CERTAIN ORDERS- If the Attorney General is satisfied that a person has violated subsection (d) or (e) of section 241 of the Immigration and Nationality Act, the person shall pay to the Commissioner the sum of $2,000 for each violation.CommentsClose CommentsPermalink





`(B) FAILURE TO REMOVE ALIEN STOWAWAYS- If the Attorney General is satisfied that a person has failed to remove an alien stowaway as required under section 241(d)(2) of the Immigration and Nationality Act, the person shall pay to the Commissioner the sum of $5,000 for each alien stowaway not removed.CommentsClose CommentsPermalink





`(C) NO COMPROMISE- The Attorney General may not compromise the amount of such penalty under this paragraph.CommentsClose CommentsPermalink





`(2) CLEARING VESSELS AND AIRCRAFT-CommentsClose CommentsPermalink





`(A) CLEARANCE BEFORE DECISION ON LIABILITY- A vessel or aircraft may be granted clearance before a decision on liability is made under paragraph (1) only if a bond approved by the Attorney General or an amount sufficient to pay the civil penalty is deposited with the Commissioner.CommentsClose CommentsPermalink





`(B) PROHIBITION ON CLEARANCE WHILE PENALTY UNPAID- A vessel or aircraft may not be granted clearance if a civil penalty imposed under paragraph (1) is not paid.CommentsClose CommentsPermalink





`(d) DISCONTINUING GRANTING VISAS TO NATIONALS OF COUNTRY DENYING OR DELAYING ACCEPTING ALIEN- On being notified by the Attorney General that the government of a foreign country denies or unreasonably delays accepting an alien who is a citizen, subject, national, or resident of that country after the Attorney General asks whether the government will accept the alien under this section, the Secretary of State shall order consular officers in that foreign country to discontinue granting immigrant visas or nonimmigrant visas, or both, to citizens, subjects, nationals, and residents of that country until the Attorney General notifies the Secretary that the country has accepted the alien.CommentsClose CommentsPermalink

`Sec. 318. Bringing in and harboring certain aliens

`(a) CRIMINAL PENALTIES- (1)(A) Whoever--CommentsClose CommentsPermalink





`(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;CommentsClose CommentsPermalink





`(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;CommentsClose CommentsPermalink





`(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;CommentsClose CommentsPermalink





`(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; orCommentsClose CommentsPermalink





`(v) engages in any conspiracy to commit any of the preceding acts;CommentsClose CommentsPermalink





shall be punished as provided in subparagraph (B).CommentsClose CommentsPermalink





`(B) Whoever violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs--CommentsClose CommentsPermalink





`(i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be imprisoned not more than 10 years;CommentsClose CommentsPermalink





`(ii) in the case of a violation of subparagraph (A) (ii), (iii), (iv), or (v)(II) be imprisoned not more than 5 years;CommentsClose CommentsPermalink





`(iii) in the case of a violation of subparagraph (A) (i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury to, or places in jeopardy the life of, any person, be imprisoned not more than 20 years; andCommentsClose CommentsPermalink





`(iv) in the case of a violation of subparagraph (A) (i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life.CommentsClose CommentsPermalink





`(2) Whoever, knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to, enter, or reside in the United States, brings to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien shall, for each alien in respect to whom a violation of this paragraph occurs--CommentsClose CommentsPermalink





`(A) be imprisoned not more than one year; orCommentsClose CommentsPermalink





`(B) in the case of--CommentsClose CommentsPermalink





`(i) an offense committed with the intent or with reason to believe that the alien unlawfully brought into the United States will commit an offense against the United States or any State punishable by imprisonment for more than 1 year,CommentsClose CommentsPermalink





`(ii) an offense done for the purpose of commercial advantage or private financial gain, orCommentsClose CommentsPermalink





`(iii) an offense in which the alien is not upon arrival immediately brought and presented to an appropriate immigration officer at a designated port of entry,CommentsClose CommentsPermalink





be imprisoned not less than 5 nor more than 15 years.CommentsClose CommentsPermalink





`(3)(A) Whoever, during any 12-month period, knowingly hires for employment at least 10 individuals with actual knowledge that the individuals are aliens described in subparagraph (B) shall be imprisoned for not more than 5 years.CommentsClose CommentsPermalink





`(B) An alien described in this subparagraph is an alien who--CommentsClose CommentsPermalink





`(i) is an unauthorized alien (as defined in section 274A(h)(3)), andCommentsClose CommentsPermalink





`(ii) has been brought into the United States in violation of this subsection.CommentsClose CommentsPermalink





`(4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if--CommentsClose CommentsPermalink





`(A) the offense was part of an ongoing commercial organization or enterprise;CommentsClose CommentsPermalink





`(B) aliens were transported in groups of 10 or more; andCommentsClose CommentsPermalink





`(C)(i) aliens were transported in a manner that endangered their lives; orCommentsClose CommentsPermalink





`(ii) the aliens presented a life-threatening health risk to people in the United States.CommentsClose CommentsPermalink





`(b) AUTHORITY TO ARREST- No officer or person shall have authority to make any arrest for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws.CommentsClose CommentsPermalink





`(c) AUDIOVISUALLY PRESERVED DEPOSITIONS- Notwithstanding any provision of the Federal Rules of Evidence, the videotaped (or otherwise audiovisually preserved) deposition of a witness to a violation of subsection (a) who has been deported or otherwise expelled from the United States, or is otherwise unable to testify, may be admitted into evidence in an action brought for that violation if the witness was available for cross examination and the deposition otherwise complies with the Federal Rules of Evidence.CommentsClose CommentsPermalink





`(d) OUTREACH PROGRAM- The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, as appropriate, shall develop and implement an outreach program to educate the public in the United States and abroad about the penalties for bringing in and harboring aliens in violation of this section.CommentsClose CommentsPermalink

`Sec. 319. Entry of alien at improper time or place; misrepresentation and concealment of facts

`(a) ENTRY- Any alien who--CommentsClose CommentsPermalink





`(1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers;CommentsClose CommentsPermalink





`(2) eludes examination or inspection by immigration officers; orCommentsClose CommentsPermalink





`(3) attempts to enter or obtains entry to the United States by a knowingly false or misleading representation or the knowingly concealment of a material fact;CommentsClose CommentsPermalink





shall, for the first commission of any such offense, be imprisoned not more than 6 months, and, for a subsequent commission of any such offense, be imprisoned not more than 2 years.CommentsClose CommentsPermalink





`(b) APPREHENSION WHILE ENTERING- Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of--CommentsClose CommentsPermalink





`(1) at least $50 and not more than $250 for each such entry (or attempted entry); orCommentsClose CommentsPermalink





`(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.CommentsClose CommentsPermalink





Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.CommentsClose CommentsPermalink





`(c) MARRIAGE- An individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years.CommentsClose CommentsPermalink





`(d) COMMERCIAL ENTERPRISE- Whoever knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years.CommentsClose CommentsPermalink

`Sec. 320. Reentry of removed alien

`(a) OFFENSE- Subject to subsection (b), any alien who--CommentsClose CommentsPermalink





`(1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding; andCommentsClose CommentsPermalink





`(2) thereafter enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien's reapplying for admission; or (B) with respect to an alien previously denied admission and removed, unless such alien shall establish that he was not required to obtain such advance consent under this or any prior Act,CommentsClose CommentsPermalink





shall be imprisoned not more than 2 years.CommentsClose CommentsPermalink





`(b) INCREASED PENALTY- In the case of any alien violating subsection (a)--CommentsClose CommentsPermalink





`(1) whose removal was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), such alien shall be imprisoned not more than 10 years;CommentsClose CommentsPermalink





`(2) whose removal was subsequent to a conviction for commission of an aggravated felony, such alien shall be imprisoned not more than 20 years;CommentsClose CommentsPermalink





`(3) who has been excluded from the United States pursuant to section 235(c) of the Immigration and Nationality Act because the alien was excludable under section 212(a)(3)(B) of such Act or who has been removed from the United States pursuant to title V of such Act, and who thereafter, without the permission of the Attorney General, enters the United States, or attempts to do so, shall be imprisoned for a period of 10 years, which sentence shall not run concurrently with any other sentence; orCommentsClose CommentsPermalink





`(4) who was removed from the United States pursuant to section 241(a)(4)(B) of such Act who thereafter, without the permission of the Attorney General, enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien's reentry) shall be imprisoned for not more than 10 years.CommentsClose CommentsPermalink





For the purposes of this subsection, the term `removal' includes any agreement in which an alien stipulates to removal during (or not during) a criminal trial under either Federal or State law.CommentsClose CommentsPermalink





`(c) REENTRY- Any alien deported pursuant to section 242(h)(2) of the Immigration and Nationality Act who enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien's reentry) shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release. Such alien shall be subject to such other penalties relating to the reentry of deported aliens as may be available under this section or any other provision of law.CommentsClose CommentsPermalink





`(d) CHALLENGE OF VALIDITY OF ORDER- In a criminal proceeding under this section, an alien may not challenge the validity of the deportation order described in subsection (a)(1) or subsection (b) unless the alien demonstrates that--CommentsClose CommentsPermalink





`(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order;CommentsClose CommentsPermalink





`(2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; andCommentsClose CommentsPermalink





`(3) the entry of the order was fundamentally unfair.CommentsClose CommentsPermalink

`Sec. 321. Aiding or assisting certain aliens to enter the United States

`Whoever knowingly aids or assists any alien inadmissible under section 212(a)(2) of the Immigration and Nationality Act (insofar as an alien inadmissible under such section has been convicted of an aggravated felony) or 212(a)(3) of such Act (other than subparagraph (E) thereof) to enter the United States, or who connives or conspires with any person or persons to allow, procure, or permit any such alien to enter the United States, shall be or imprisoned not more than 10 years.CommentsClose CommentsPermalink

`Sec. 322. Increased penalty for certain terrorism related offenses

`Whoever violates this subchapter shall, if the maximum imprisonment for the offense is less but for this section, be imprisoned not more than 25 years if the offense was committed to facilitate an act of international terrorism (as defined in section 2331 of this title), and 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 592).CommentsClose CommentsPermalink

`CHAPTER 17--DRUG CRIMES

`Sec.CommentsClose CommentsPermalink

`401. Definitions for chapter.CommentsClose CommentsPermalink





`402. Basic offenses.CommentsClose CommentsPermalink





`403. Basic punishment structure.CommentsClose CommentsPermalink





`404. Offenses involving protected persons.CommentsClose CommentsPermalink





`405. Enhancement for offenses involving protected places.CommentsClose CommentsPermalink





`406. Maintaining drug-involved premises.CommentsClose CommentsPermalink





`407. Distribution in or near schools.CommentsClose CommentsPermalink





`408. Listed chemicals.CommentsClose CommentsPermalink





`409. Domestic regulatory offenses.CommentsClose CommentsPermalink





`410. Additional domestic regulatory offenses.CommentsClose CommentsPermalink





`411. Penalty for simple possession.CommentsClose CommentsPermalink





`412. Civil penalty for possession of small amounts of certain controlled substances.CommentsClose CommentsPermalink





`413. Continuing criminal enterprise.CommentsClose CommentsPermalink





`414. Drug paraphernalia.CommentsClose CommentsPermalink





`415. Proceedings to establish prior convictions.CommentsClose CommentsPermalink





`416. Anhydrous ammonia.CommentsClose CommentsPermalink





`417. Controlled substances import and export offenses.CommentsClose CommentsPermalink





`418. Prohibited acts related to foreign terrorist organizations or terrorist persons and groupsCommentsClose CommentsPermalink

`Sec. 401. Definitions for chapter

`As used in this chapter--CommentsClose CommentsPermalink





`(1) a term defined for the purposes of the Controlled Substances Act has the same meaning in this chapter;CommentsClose CommentsPermalink





`(2) the term `large quantity of a major drug' means--CommentsClose CommentsPermalink





`(A) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin;CommentsClose CommentsPermalink





`(B) 5 kilograms or more of a mixture or substance containing a detectable amount of--CommentsClose CommentsPermalink





`(i) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;CommentsClose CommentsPermalink





`(ii) cocaine, its salts, optical and geometric isomers, and salts of isomers;CommentsClose CommentsPermalink





`(iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; orCommentsClose CommentsPermalink





`(iv) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses (i) through (iii);CommentsClose CommentsPermalink





`(C) 50 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base;CommentsClose CommentsPermalink





`(D) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);CommentsClose CommentsPermalink





`(E) 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);CommentsClose CommentsPermalink





`(F) 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;CommentsClose CommentsPermalink





`(G) 1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana, or 1,000 or more marihuana plants regardless of weight; orCommentsClose CommentsPermalink





`(H) 50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers;CommentsClose CommentsPermalink





`(3) the term `substantial quantity of a major drug' means--CommentsClose CommentsPermalink





`(A) 100 grams or more of a mixture or substance containing a detectable amount of heroin;CommentsClose CommentsPermalink





`(B) 500 grams or more of a mixture or substance containing a detectable amount of--CommentsClose CommentsPermalink





`(i) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;CommentsClose CommentsPermalink





`(ii) cocaine, its salts, optical and geometric isomers, and salts of isomers;CommentsClose CommentsPermalink





`(iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; orCommentsClose CommentsPermalink





`(iv) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses (i) through (iii);CommentsClose CommentsPermalink





`(C) 5 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base;CommentsClose CommentsPermalink





`(D) 10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);CommentsClose CommentsPermalink





`(E) 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);CommentsClose CommentsPermalink





`(F) 40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or 10 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;CommentsClose CommentsPermalink





`(G) 100 kilograms or more of a mixture or substance containing a detectable amount of marihuana, or 100 or more marihuana plants regardless of weight; orCommentsClose CommentsPermalink





`(H) 5 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers;CommentsClose CommentsPermalink





`(4) the term `date rape drug' means gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000), or 1 gram of flunitrazepam;CommentsClose CommentsPermalink





`(5) the term `repeat offender' means a person is convicted under this chapter after a prior conviction for a felony drug offense;CommentsClose CommentsPermalink





`(6) the term `career offender' means a person is convicted under this chapter after two or more prior convictions for a felony drug offense;CommentsClose CommentsPermalink





`(7) the term `midlevel quantity of marijuana` means 50 kilograms of marijuana or more than 50 marijuana plants; andCommentsClose CommentsPermalink





`(8) the term `larger quantity of hashish' means ten kilograms of hashish or one kilogram of hashish oil.CommentsClose CommentsPermalink

`Sec. 402. Basic offenses

`Except as authorized by the Controlled Substances Act whoever knowingly--CommentsClose CommentsPermalink





`(1) manufactures, distributes, or dispenses, or possesses with intent to manufacture, distribute, or dispense, a controlled substance;CommentsClose CommentsPermalink





`(2) creates, distributes, or dispenses, or possesses with intent to distribute or dispense, a counterfeit substance;CommentsClose CommentsPermalink





`(3) imports or exports a controlled substance in violation of section 1002, 1003, or 1007 of the Controlled Substances Import and Export Act;CommentsClose CommentsPermalink





`(4) brings or possesses on board a vessel, aircraft, or vehicle a controlled substance in violation of section 1005 of that Act; orCommentsClose CommentsPermalink





`(5) manufactures, possesses with intent to distribute, or distributes a controlled substance contrary to section 1009 of that Act;CommentsClose CommentsPermalink





shall be punished as provided in this chapter.CommentsClose CommentsPermalink

`Sec. 403. Basic punishment structure

`(a) LARGE QUANTITIES OF MAJOR DRUGS-CommentsClose CommentsPermalink





`(1) PRISON- If the violation of section 402 involves a large quantity of a major drug, the offender shall be imprisoned any term of years not less than ten, or for life. If the offender is a repeat offender or if death or serious bodily injury results to any person from the offense, the term shall not be less than 20 years. If the defendant is a career offender, the term shall be life.CommentsClose CommentsPermalink





`(2) FINE- An offender to whom paragraph (1) applies shall be fined not more than $4,000,000, and if the offender is a career offender, not more than $8,000,000.CommentsClose CommentsPermalink





`(3) SUPERVISED RELEASE- An offender to whom paragraph (1) applies shall be sentenced to supervised release for a period of 5 years, but if the offender is a career offender or if death or serious bodily injury results to any person from the offense, for a period of 10 years.CommentsClose CommentsPermalink





`(b) SUBSTANTIAL QUANTITIES OF MAJOR DRUGS-CommentsClose CommentsPermalink





`(1) PRISON- If the violation of section 402 involves a substantial quantity of a major drug, the offender shall be imprisoned not less than five years nor more than 40 years. If the offender is a repeat offender the term shall not be less than 10 years. If death or serious bodily injury results to any person from the offense, the term shall be life.CommentsClose CommentsPermalink





`(2) FINE- An offender to whom paragraph (1) applies shall be fined not more than $2,000,000, and if the offender is a career offender, not more than $4,000,000.CommentsClose CommentsPermalink





`(3) SUPERVISED RELEASE- An offender to whom paragraph (1) applies shall be sentenced to supervised release for a period of 4 years, but if the offender is a repeat offender or death or serious bodily injury result to any person from the offense, for a period of 8 years.CommentsClose CommentsPermalink





`(c) LESSER QUANTITIES OF MAJOR DRUGS AND ANY QUANTITY OF CERTAIN OTHER SUBSTANCES-CommentsClose CommentsPermalink





`(1) PRISON- If the violation of section 402 involves a quantity, lesser than those specified in subsection (a) or (b), of a major drug, or any quantity of another substance in schedule I or II, or a date rape drug, the offender shall be imprisoned not more than 20 years. If the offender is a repeat offender, the term shall not be less than 30 years. If death or serious bodily injury results to any person from the offense, the offender shall be imprisoned any term or years not less than 20, or for life.CommentsClose CommentsPermalink





`(2) FINE- An offender to whom paragraph (1) applies shall be fined not more than $1,000,000, and if the offender is a repeat offender, not more than $2,000,000.CommentsClose CommentsPermalink





`(3) SUPERVISED RELEASE- An offender to whom paragraph (1) applies shall be sentence to supervised release for a period of 3 years, but if the defendant is a repeat offender for a period of 6 years.CommentsClose CommentsPermalink





`(d) MIDLEVEL QUANTITIES OF MARIJUANA, LARGER QUANTITIES OF HASHISH, AND CERTAIN SCHEDULE III SUBSTANCES-CommentsClose CommentsPermalink





`(1) PRISON- If the violation of section 402 involves a midlevel quantity of marijuana, a larger quantity of hashish, or any quantity of a schedule III substance for which a penalty is not imposed in a previous subsection of this section, the offender shall be imprisoned not more than five years, or if a repeat offender, not more than 10 years.CommentsClose CommentsPermalink





`(2) FINE- An offender to whom paragraph (1) applies shall be fined not more than $250,000 and if the offender is a career offender, not more than $500,000.CommentsClose CommentsPermalink





`(3) SUPERVISED RELEASE- An offender to whom paragraph (1) applies shall be sentenced to supervised release for a period of 2 years, but if the defendant is a repeat offender, for a period of 4 years.CommentsClose CommentsPermalink





`(e) SCHEDULE IV SUBSTANCES- If the violation of section 402 involves a schedule IV substance, the offender shall be imprisoned not more than three years and to supervised release for one year. If the offender is a repeat offender, the offender shall be fined not more than $500,000 or imprisoned not more than six years, or both, and shall be sentenced to supervised release for two years.CommentsClose CommentsPermalink





`(f) SCHEDULE V SUBSTANCES- If the violation of section 402 involves a schedule V substance, the offender shall be imprisoned not more than one year. If the offender is a repeat offender, the offender shall be imprisoned not more than two years.CommentsClose CommentsPermalink

`Sec. 404. Offenses involving protected persons

`(a) DISTRIBUTION WITH INTENT TO COMMIT A CRIME OF VIOLENCE-CommentsClose CommentsPermalink





`(1) IN GENERAL- Whoever, with intent to commit a crime of violence (including an offense that would also be punishable under section 201 if the conduct occurred in the special maritime and territorial jurisdiction of the United States), against an individual, violates section 402 by distributing a controlled substance or controlled substance analogue to that individual without that individual's knowledge shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink





`(2) DEFINITION- As used in this subsection, the term `without that individual's knowledge' means that the individual is unaware that a substance with the ability to alter that individual's ability to appraise conduct or to decline participation in or communicate unwillingness to participate in conduct is administered to the individual.CommentsClose CommentsPermalink





`(b) ENDANGERING HUMAN LIFE WHILE ILLEGALLY MANUFACTURING CONTROLLED SUBSTANCE- Whoever, while manufacturing a controlled substance in violation of the Controlled Substances Act, or attempting or conspiring to do so, or transporting materials, including chemicals, to do so, knowingly creates a risk of harm to human life shall be imprisoned not more than ten years.CommentsClose CommentsPermalink





`(c) DISTRIBUTION TO MINORS-CommentsClose CommentsPermalink





`(1) FIRST OFFENSES- Except as provided in section 405 and in paragraph (2), any person at least 18 years of age who violates section 402 by distributing a controlled substance to a person under 21 years of age is subject to (A) twice the maximum punishment authorized by section 403, and (B) at least twice any term of supervised release authorized by section 403, for a first offense involving the same controlled substance and schedule. Except to the extent a greater minimum sentence is otherwise provided by section 403, a term of imprisonment under this subsection shall be not less than one year. The mandatory minimum sentencing provisions of this subsection shall not apply to offenses involving 5 grams or less of marihuana.CommentsClose CommentsPermalink





`(2) SECOND AND SUBSEQUENT OFFENSES- Except as provided in section 405, if the offender under paragraph (1) has a prior conviction under paragraph (1) (or under section 303(b)(2) of the Federal Food, Drug, and Cosmetic Act as in effect prior to the effective date of section 701(b) of the Controlled Substances Act) is subject to (A) three times the maximum punishment authorized by section 403, and (B) at least three times any term of supervised release authorized by section 403, for a second offense or subsequent offense involving the same controlled substance and schedule. Except to the extent a greater minimum sentence is otherwise provided by section 403, a term of imprisonment under this subsection shall be not less than one year. Penalties for third and subsequent convictions shall those provided by section 403(a) for offenses involving large quantities of major drugs under that section.CommentsClose CommentsPermalink





`(d) ADULTS USING CHILDREN- Whoever, being at least 21 years of age, knowingly--CommentsClose CommentsPermalink





`(1) employs, hires, uses, persuades, induces, entices, or coerces a child to violate section 402; orCommentsClose CommentsPermalink





`(2) employs, hires, uses, persuades, induces, entices, or coerces a child to assist in avoiding detection or apprehension, for any offense under section 402, by any Federal, State, or local law enforcement official,CommentsClose CommentsPermalink





is punishable by a term of imprisonment and a fine, or both, up to triple those authorized by section 403.CommentsClose CommentsPermalink





`(e) YOUNG ADULTS USING CHILDREN-CommentsClose CommentsPermalink





`(1) Whoever, not being a child, knowingly--CommentsClose CommentsPermalink





`(A) employs, hires, uses, persuades, induces, entices, or coerces, a child to violate any provision of this chapter or of the Controlled Substances Act or the Controlled Substances Import and Export Act;CommentsClose CommentsPermalink





`(B) employs, hires, uses, persuades, induces, entices, or coerces, child to assist in avoiding detection or apprehension, for any such violation, by any Federal, State, or local law enforcement official; orCommentsClose CommentsPermalink





`(C) receives a controlled substance from a child, other than an immediate family member, in violation of section 402;CommentsClose CommentsPermalink





shall be imprisoned for up to twice the maximum term otherwise authorized, or fined up to twice the fine otherwise authorized, or both, and be sentenced at least twice any term of supervised release otherwise authorized for a first offense. Except to the extent a greater minimum sentence is otherwise provided, a term of imprisonment under this subsection shall not be less than one year.CommentsClose CommentsPermalink





`(2) Whoever violates paragraph (1) after a prior conviction under paragraph (1) of this section, is punishable by a term of imprisonment up to three times that otherwise authorized, or both, and at least three times any term of supervised release otherwise authorized for a first offense. Except to the extent a greater minimum sentence is otherwise provided, a term of imprisonment under this subsection shall not be less than one year. Penalties for third and subsequent convictions shall those provided by section 403(a) for offenses involving large quantities of major drugs under that section.CommentsClose CommentsPermalink





`(f) PROVIDING CONTROLLED SUBSTANCES TO CHILDREN- Whoever violates subsection (c) or (d)--CommentsClose CommentsPermalink





`(1) by knowingly providing or distributing a controlled substance or a controlled substance analogue to a child; orCommentsClose CommentsPermalink





`(2) if the person employed, hired, or used is 14 years of age or younger;CommentsClose CommentsPermalink





shall be subject to a term of imprisonment for not more than five years, in addition to any other punishment authorized by this chapter.CommentsClose CommentsPermalink





`(g) PREGNANT PERSONS- Except as authorized by the Controlled Substances Act, it shall be unlawful for any person to knowingly or intentionally provide or distribute any controlled substance to a pregnant individual in violation of any provision of this title. Any person who violates this subsection shall be subject to the same penalties as are provided for a violation of subsection (c).CommentsClose CommentsPermalink

`Sec. 405. Enhancement for offenses involving protected places

`(a) CULTIVATION ON FEDERAL PROPERTY- The maximum fine that may be imposed for a violation of section 402 by cultivating a controlled substance on Federal property shall be the greater of the amount otherwise provided in this chapter or--CommentsClose CommentsPermalink





`(1) $500,000 if the defendant is an individual; orCommentsClose CommentsPermalink





`(2) $1,000,000 if the defendant is other than an individual.CommentsClose CommentsPermalink





`(b) USE OF HAZARDOUS SUBSTANCE ON FEDERAL LAND- Whoever in the course of a violation of section 402 knowingly uses a poison, chemical, or other hazardous substance on Federal land, and, by such use--CommentsClose CommentsPermalink





`(1) creates a serious hazard to humans, wildlife, or domestic animals,CommentsClose CommentsPermalink





`(2) degrades or harms the environment or natural resources, orCommentsClose CommentsPermalink





`(3) pollutes an aquifer, spring, stream, river, or body of water,CommentsClose CommentsPermalink





or attempt or conspires to do so shall be imprisoned not more than five years.CommentsClose CommentsPermalink





`(c) BOOBYTRAPS-CommentsClose CommentsPermalink





`(1) Whoever knowingly assembles, maintains,or places a boobytrap on Federal property where a controlled substance is being manufactured, distributed, or dispensed, or attempts or conspires to do so, shall be imprisoned not more than ten years.CommentsClose CommentsPermalink





`(2) If the offender has one or more prior convictions for an offense under this subsection, the offender shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink





`(3) As used in this subsection, the term `boobytrap' means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of any unsuspecting person making contact with the device. Such term includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, and lines or wires with hooks attached.CommentsClose CommentsPermalink





`(d) SAFETY REST AREAS-CommentsClose CommentsPermalink





`(1) ENHANCEMENT- Whoever violates section 402 by distributing or possessing with intent to distribute a controlled substance in or on, or within 1,000 feet of, a truck stop or safety rest area is subject to--CommentsClose CommentsPermalink





`(A) in the case of a first offense under this subsection subject to--CommentsClose CommentsPermalink





`(i) twice the maximum punishment provided in section 403; andCommentsClose CommentsPermalink





`(ii) twice any term of supervised release authorized by section 403 for a first offense; andCommentsClose CommentsPermalink





`(B) in the case of an offense under this subsection after a prior conviction under this subsection--CommentsClose CommentsPermalink





`(i) three times the maximum punishment authorized by section 403; andCommentsClose CommentsPermalink





`(ii) three times any term of supervised release authorized by section 403 for a first offense.CommentsClose CommentsPermalink





`(2) DEFINITIONS- As used in this subsection--CommentsClose CommentsPermalink





`(A) the term `safety rest area' means a roadside facility with parking facilities for the rest or other needs of motorists; andCommentsClose CommentsPermalink





`(B) the term `truck stop' means a facility (including any parking lot appurtenant thereto) that--CommentsClose CommentsPermalink





`(i) has the capacity to provide fuel or service, or both, to any commercial motor vehicle (as defined in section 31301 of title 49, United States Code), operating in commerce (as defined in that section); andCommentsClose CommentsPermalink





`(ii) is located within 2,500 feet of the National System of Interstate and Defense Highways or the Federal-Aid Primary System.CommentsClose CommentsPermalink

`Sec. 406. Maintaining drug-involved premises.

`(a) Except as authorized by this title, it shall be unlawful to--CommentsClose CommentsPermalink





`(1) knowingly open, lease, rent, use, or maintain any place, whether permanently or temporarily, for the purpose of manufacturing, distributing, or using any controlled substance; orCommentsClose CommentsPermalink





`(2) manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant, or mortgagee, and knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.CommentsClose CommentsPermalink





`(b) Any person who violates subsection (a) of this section shall be sentenced to a term of imprisonment of not more than 20 years or a fine of not more than $500,000, or both, or a fine of $2,000,000 for a person other than an individual.CommentsClose CommentsPermalink





`(c) A violation of subsection (a) shall be considered an offense against property for purposes of section 3663A(c)(1)(A)(ii) of title 18, United States Code.CommentsClose CommentsPermalink





`(d)(1) Any person who violates subsection (a) shall be subject to a civil penalty of not more than the greater of--CommentsClose CommentsPermalink





`(A) $250,000; orCommentsClose CommentsPermalink





`(B) 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person.CommentsClose CommentsPermalink





`(2) If a civil penalty is calculated under paragraph (1)(B), and there is more than 1 defendant, the court may apportion the penalty between multiple violators, but each violator shall be jointly and severally liable for the civil penalty under this subsection.CommentsClose CommentsPermalink





`(e) Any person who violates subsection (a) shall be subject to declaratory and injunctive remedies as set forth in section 403(f) of the Controlled Substances Act.CommentsClose CommentsPermalink

`Sec. 407. Distribution in or near schools

`(a) IN GENERAL- Whoever violates section 402 by distributing, possessing with intent to distribute, or manufacturing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, or a playground, or housing facility owned by a public housing authority, or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility, is (except as provided in subsection (b)) subject to--CommentsClose CommentsPermalink





`(1) twice the maximum punishment authorized by section 403; andCommentsClose CommentsPermalink





`(2) at least twice any term of supervised release authorized by section 403 for a first offense.CommentsClose CommentsPermalink





A fine up to twice that authorized by section 403 may be imposed in addition to any term of imprisonment authorized by this subsection. Except to the extent a greater minimum sentence is otherwise provided by section 403, a person shall be sentenced under this subsection to a term of imprisonment of not less than one year. The mandatory minimum sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of marihuana.CommentsClose CommentsPermalink





`(b) SECOND OR SUBSEQUENT OFFENSES- Whoever violates subsection (a) after a prior conviction under subsection (a) is punishable--CommentsClose CommentsPermalink





`(1) by the greater of--CommentsClose CommentsPermalink





`(A) a term of imprisonment of not less than three years and not more than life imprisonment; orCommentsClose CommentsPermalink





`(B) three times the maximum punishment authorized by section 403 for a first offense; andCommentsClose CommentsPermalink





`(2) at least three times any term of supervised release authorized by section 403 for a first offense.CommentsClose CommentsPermalink





`A fine up to three times that authorized by section 403 may be imposed in addition to any term of imprisonment authorized by this subsection. Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a person shall be sentenced under this subsection to a term of imprisonment of not less than three years. Penalties for third and subsequent convictions shall be governed by section 403.CommentsClose CommentsPermalink





`(c) SPECIAL RULE FOR USING CHILDREN- Notwithstanding any other law, whoever, being at least 21 years of age, knowingly--CommentsClose CommentsPermalink





`(1) employs, hires, uses, persuades, induces, entices, or coerces a child to violate this section; orCommentsClose CommentsPermalink





`(2) employs, hires, uses, persuades, induces, entices, or coerces a child to assist in avoiding detection or apprehension for any offense under this section by any Federal, State, or local law enforcement official,CommentsClose CommentsPermalink





is punishable by a term of imprisonment, a fine, or both, up to triple those authorized by section 403.CommentsClose CommentsPermalink





`(d) SPECIAL RULE FOR MANDATORY MINIMUM SENTENCES- In the case of any mandatory minimum sentence imposed under subsection (b), imposition or execution of such sentence shall not be suspended and probation shall not be granted. An individual convicted under this section shall not be eligible for parole until the individual has served the mandatory minimum term of imprisonment as provided by this section.CommentsClose CommentsPermalink





`(e) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the term `playground' means any outdoor facility (including any parking lot appurtenant thereto) intended for recreation, open to the public, and with any portion thereof containing three or more separate apparatus intended for the recreation of children including, but not limited to, sliding boards, swingsets, and teeterboards;CommentsClose CommentsPermalink





`(2) the term `youth center' means any recreational facility and/or gymnasium (including any parking lot appurtenant thereto), intended primarily for use by persons under 18 years of age, which regularly provides athletic, civic, or cultural activities;CommentsClose CommentsPermalink





`(3) the term `video arcade facility' means any facility, legally accessible to children, intended primarily for the use of pinball and video machines for amusement containing a minimum of ten machines that are either pinball or video machines; andCommentsClose CommentsPermalink





`(4) the term `swimming pool' includes any parking lot appurtenant thereto.CommentsClose CommentsPermalink

`Sec. 408. Listed chemicals

`(a) OFFENSE- Whoever knowingly--CommentsClose CommentsPermalink





`(1) possesses a listed chemical with intent to manufacture a controlled substance except as authorized by the Controlled Substances Act;CommentsClose CommentsPermalink





`(2) possesses or distributes, a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to manufacture a controlled substance except as authorized by the Controlled Substances Act; orCommentsClose CommentsPermalink





`(3) with the intent of causing the evasion of the recordkeeping or reporting requirements of section 310 of the Controlled Substances Act, or the regulations issued under that section, receives or distributes a reportable amount of any listed chemical in units small enough so that the making of records or filing of reports under that section is not required;CommentsClose CommentsPermalink





shall be imprisoned not more than 20 years in the case of a violation of paragraph (1) or (2) involving a list I chemical or not more than 10 years in any other case.CommentsClose CommentsPermalink





`(b) INJUNCTIONS- In addition to any other applicable penalty, any person convicted of a felony violation of this section relating to the receipt, distribution, manufacture, exportation, or importation of a listed chemical may be enjoined from engaging in any transaction involving a listed chemical for not more than ten years.CommentsClose CommentsPermalink





`(c) ADDITIONAL OFFENSES-CommentsClose CommentsPermalink





`(1) Whoever knowingly distributes a listed chemical in violation of the Controlled Substances Act (other than in violation of a recordkeeping or reporting requirement of section 310), or attempts or conspires to do so, shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(2) Whoever knowingly possesses any listed chemical, with knowledge that the recordkeeping or reporting requirements of section 310 of such Act have not been adhered to, if, after such knowledge is acquired, such person does not take immediate steps to remedy the violation, or attempts or conspires to do so, shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 409. Domestic regulatory offenses

`(a) UNLAWFUL CONDUCT GENERALLY- It shall be unlawful for any person--CommentsClose CommentsPermalink





`(1) who is subject to the requirements of part C of the Controlled Substances Act to distribute or dispense a controlled substance in violation of section 309 of that Act;CommentsClose CommentsPermalink





`(2) who is a registrant to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person or to manufacture a controlled substance not authorized by his registration;CommentsClose CommentsPermalink





`(3) who is a registrant to distribute a controlled substance in violation of section 305 of the Controlled Substances Act;CommentsClose CommentsPermalink





`(4) to remove, alter, or obliterate a symbol or label required by section 305 of the Controlled Substances Act;CommentsClose CommentsPermalink





`(5) to refuse or negligently fail to make, keep, or furnish any record, report, notification, declaration, order or order form, statement, invoice, or information required under the Controlled Substances Act or the Controlled Substances Import and Export Act;CommentsClose CommentsPermalink





`(6) to refuse any entry into any premises or inspection authorized by the Controlled Substances Act or the Controlled Substances Import and Export Act;CommentsClose CommentsPermalink





`(7) to remove, break, injure, or deface a seal placed upon controlled substances pursuant to section 304(f) or 511 of the Controlled Substances Act or to remove or dispose of substances so placed under seal;CommentsClose CommentsPermalink





`(8) to use, to his own advantage, or to reveal, other than to duly authorized officers or employees of the United States, or to the courts when relevant in any judicial proceeding under this title or title III, any information acquired in the course of an inspection authorized by the Controlled Substances Act concerning any method or process which as a trade secret is entitled to protection, or to use to his own advantage or reveal (other than as authorized by section 310 of that Act) any information that is confidential under such section;CommentsClose CommentsPermalink





`(9) who is a regulated person to engage in a regulated transaction without obtaining the identification required by 310(a)(3) of the Controlled Substances Act;CommentsClose CommentsPermalink





`(10) negligently to fail to keep a record or make a report under section 310 of that Act; orCommentsClose CommentsPermalink





`(11) to distribute a laboratory supply to a person who uses, or attempts to use, that laboratory supply to manufacture a controlled substance or a listed chemical, in violation of the Controlled Substances Act or the Controlled Substances Import and Export Act, with reckless disregard for the illegal uses to which such a laboratory supply will be put.CommentsClose CommentsPermalink





`(b) DEFINITION- As used in subsection (a)(11), the term `laboratory supply' means a listed chemical or any chemical, substance, or item on a special surveillance list published by the Attorney General, which contains chemicals, products, materials, or equipment used in the manufacture of controlled substances and listed chemicals. For purposes of that subsection, there is a rebuttable presumption of reckless disregard at trial if the Attorney General notifies a firm in writing that a laboratory supply sold by the firm, or any other person or firm, has been used by a customer of the notified firm, or distributed further by that customer, for the unlawful production of controlled substances or listed chemicals a firm distributes and 2 weeks or more after the notification the notified firm distributes a laboratory supply to the customer.CommentsClose CommentsPermalink





`(c) SCHEDULE I AND II SUBSTANCES- It shall be unlawful for any person who is a registrant to manufacture a controlled substance in schedule I or II which is--CommentsClose CommentsPermalink





`(1) not expressly authorized by the registration and by a quota assigned to that registrant pursuant to section 306 of the Controlled Substances Act; orCommentsClose CommentsPermalink





`(2) in excess of a quota assigned to that registrant pursuant to section 306.CommentsClose CommentsPermalink





`(d)(1)(A) Except as provided in subparagraph (B) of this paragraph and paragraph (2), any person who violates this section shall, with respect to any such violation, be subject to a civil penalty of not more than $25,000.CommentsClose CommentsPermalink





`(B) In the case of a violation of paragraph (5) or (10) of subsection (a), the civil penalty shall not exceed $10,000.CommentsClose CommentsPermalink





`(2)(A) Whoever knowingly violates, or attempts or conspires to violate, this section shall, except as otherwise provided in subparagraph (B), be imprisoned not more than one year.CommentsClose CommentsPermalink





`(B) If a violation referred to in subparagraph (A) was committed after one or more prior convictions of the offender for an offense punishable under this paragraph (2), or for a crime under any other provision of any law of the United States relating to controlled substances, narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 2 years.CommentsClose CommentsPermalink





`(C) In addition to the penalties set forth elsewhere in this title, any business that violates paragraph (11) of subsection (a) shall, with respect to the first such violation, be subject to a civil penalty of not more than $250,000, but shall not be subject to criminal penalties under this section, and shall, for any succeeding violation, be subject to a civil fine of not more than $250,000 or double the last previously imposed penalty, whichever is greater.CommentsClose CommentsPermalink





`(3) Except under the conditions specified in paragraph (2) of this subsection, a violation of this section does not constitute a crime, and a judgment for the United States and imposition of a civil penalty pursuant to paragraph (1) shall not give rise to any disability or legal disadvantage based on conviction for a criminal offense.CommentsClose CommentsPermalink

`Sec. 410. Additional domestic regulatory offenses

`(a) GENERALLY- It shall be unlawful for any person knowingly--CommentsClose CommentsPermalink





`(1) as a registrant to distribute a controlled substance classified in schedule I or II, in the course of legitimate business, except pursuant to an order or an order form as required by section 308 of the Controlled Substances Act;CommentsClose CommentsPermalink





`(2) to use in the course of the manufacture, distribution, or dispensing of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number which is fictitious, revoked, suspended, expired, or issued to another person;CommentsClose CommentsPermalink





`(3) to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge;CommentsClose CommentsPermalink





`(4)(A) to furnish false or fraudulent material information in, or omit any material information from, any application, report, record, or other document required to be made, kept, or filed under this chapter, the Controlled Substances Act, or the Controlled Substances Import and Export Act, or (B) to present false or fraudulent identification where the person is receiving or purchasing a listed chemical and the person is required to present identification under section 310(a) of the Controlled Substances Act;CommentsClose CommentsPermalink





`(5) to make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit substance;CommentsClose CommentsPermalink





`(6) to possess any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical in violation of this title, the Controlled Substances Act, or the Controlled Substances Import and Export Act;CommentsClose CommentsPermalink





`(7) to manufacture, distribute, export, or import any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical in violation of this title, the Controlled Substances Act, or the Controlled Substances Import and Export Act or, in the case of an exportation, in violation of this title, the Controlled Substances Act, the Controlled Substances Import and Export Act, or of the laws of the country to which it is exported;CommentsClose CommentsPermalink





`(8) to create a chemical mixture for the purpose of evading a requirement of section 310 of the Controlled Substances Act or to receive a chemical mixture created for that purpose; orCommentsClose CommentsPermalink





`(9) to distribute, import, or export a list I chemical without the registration required by the Controlled Substances Act or the Controlled Substances Import and Export Act.CommentsClose CommentsPermalink





`(b) USE OF COMMUNICATION FACILITY-CommentsClose CommentsPermalink





`(1) It shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any felony under this chapter or the Controlled Substances Act or the Controlled Substances Import and Export Act.CommentsClose CommentsPermalink





`(2) Each separate use of a communication facility shall be a separate offense under this subsection.CommentsClose CommentsPermalink





`(3) As used in this subsection, the term `communication facility' means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures, or sounds of all kinds and includes mail, telephone, wire, radio, and all other means of communication.CommentsClose CommentsPermalink





`(c) ADVERTISING-CommentsClose CommentsPermalink





`(1) It shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publications, any written advertisement knowing that it has the purpose of seeking or offering illegally to receive, buy, or distribute a schedule I controlled substance.CommentsClose CommentsPermalink





`(2) As used in this subsection the term `advertisement' includes, in addition to its ordinary meaning, such advertisements as those for a catalog of schedule I controlled substances and any similar written advertisement that has the purpose of seeking or offering illegally to receive, buy, or distribute a schedule I controlled substance. The term `advertisement' does not include material which merely advocates the use of a similar material, which advocates a position or practice, and does not attempt to propose or facilitate an actual transaction in a schedule I controlled substance.CommentsClose CommentsPermalink





`(d) PENALTIES-CommentsClose CommentsPermalink





`(1) Except as provided in paragraph (2), whoever knowingly violates this section shall be imprisoned not more than 4 years; except that if any person commits such a violation after being convicted for a felony under any law of the United States relating to controlled substances, narcotic drugs, marihuana, or depressant or stimulant substances, such person shall be sentenced to a term of imprisonment of not more than 8 years.CommentsClose CommentsPermalink





`(2) Whoever, with the intent to manufacture or to facilitate the manufacture of methamphetamine, violates paragraph (6) or (7) of subsection (a), shall be imprisoned not more than 10 years; except that if any person commits such a violation after one or more prior convictions of that persons for a violation of any law of the United States or any State relating to controlled substances or listed chemicals, such person shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink





`(e) INJUNCTION RELATING TO ENGAGING IN TRANSACTIONS- In addition to any other applicable penalty, any person convicted of a felony violation of this section relating to the receipt, distribution, manufacture, exportation, or importation of a listed chemical may be enjoined from engaging in any transaction involving a listed chemical for not more than ten years.CommentsClose CommentsPermalink





`(f) DECLARATORY AND OTHER RELIEF-CommentsClose CommentsPermalink





`(1) In addition to any penalty provided in this section, the Attorney General is authorized to commence a civil action for appropriate declaratory or injunctive relief relating to a violation of this section, section 402, or section 406.CommentsClose CommentsPermalink





`(2) Any action under this subsection may be brought in the district court of the United States for the district in which the defendant is located or resides or is doing business.CommentsClose CommentsPermalink





`(3) Any order or judgment issued by the court pursuant to this subsection shall be tailored to restrain the violation.CommentsClose CommentsPermalink





`(4) The court shall proceed as soon as practicable to the hearing and determination of such an action. An action under this subsection is governed by the Federal Rules of Civil Procedure except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure.CommentsClose CommentsPermalink

`Sec. 411. Penalty for simple possession

`(a) ELEMENTS OF OFFENSE- It shall be unlawful for any person knowingly--CommentsClose CommentsPermalink





`(1) to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner acting in the course of professional practice, or except as otherwise authorized by the Controlled Substances Act or the Controlled Substances Import and Export Act; orCommentsClose CommentsPermalink





`(2) to possess any list I chemical obtained pursuant to or under authority of a registration issued to that person under section 303 of the Controlled Substances Act or section 1008 of the Controlled Substances Import and Export Act, if that registration has been revoked or suspended, if that registration has expired, or if the registrant has ceased to do business in the manner contemplated by his registration.CommentsClose CommentsPermalink





`(b) PUNISHMENT-CommentsClose CommentsPermalink





`(1) GENERALLY- Whoever violates subsection (a) shall be imprisoned not more than 1 year, except that the offense is after a prior conviction of the offender under the Controlled Substances Act or the Controlled Substances Import and Export Act, or for any drug, narcotic, or chemical offense chargeable under the law of any State, the offender shall be imprisoned not less than 15 days nor more than 2 years, and shall be fined a minimum of $2,500, and if the offense is after two or more such convictions, the offender shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000.CommentsClose CommentsPermalink





`(2) COCAINE BASE- Notwithstanding paragraph (a), a person convicted under this section for the possession of a mixture or substance which contains cocaine base shall be imprisoned not less than 5 years and not more than 20 years, and fined a minimum of $1,000, if the conviction is a first conviction under this subsection and the amount of the mixture or substance exceeds 5 grams, if the conviction is after a prior conviction for the possession of such a mixture or substance under this subsection becomes final and the amount of the mixture or substance exceeds 3 grams, or if the conviction is after 2 or more prior convictions for the possession of such a mixture or substance under this subsection become final and the amount of the mixture or substance exceeds 1 gram.CommentsClose CommentsPermalink





`(3) FLUNITRAZEPAM- Notwithstanding any penalty provided in this subsection, any person convicted under this subsection for the possession of flunitrazepam shall be imprisoned for not more than 3 years, shall be fined as otherwise provided in this section, or both. The imposition or execution of a minimum sentence required to be imposed under this subsection shall not be suspended or deferred.CommentsClose CommentsPermalink





`(4) COSTS- Further, upon conviction, a person who violates this subsection shall be fined the reasonable costs of the investigation and prosecution of the offense, including the costs of prosecution of an offense as defined in sections 1918 and 1920 of title 28, except that this sentence shall not apply and a fine under this section need not be imposed if the court determines the defendant lacks the ability to pay.CommentsClose CommentsPermalink





`(c) DEFINITION- As used in this section, the term `drug, narcotic, or chemical offense' means any offense which proscribes the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell or transfer any substance the possession of which is prohibited under the Controlled Substances Act.CommentsClose CommentsPermalink

`Sec. 412. Civil penalty for possession of small amounts of certain controlled substances

`(a) IN GENERAL- An individual who knowingly possesses a controlled substance described in section 403(a) in violation of section 411 in an amount that, as specified by regulation of the Attorney General, is a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000.CommentsClose CommentsPermalink





`(b) INCOME AND NET ASSETS- The income and net assets of an individual shall not be relevant to the determination whether to assess a civil penalty under this section or to prosecute the individual criminally. However, in determining the amount of a penalty under this section, the income and net assets of an individual shall be considered.CommentsClose CommentsPermalink





`(c) PRIOR CONVICTION- A civil penalty may not be assessed under this section if the individual previously was convicted of a Federal or State offense relating to a controlled substance.CommentsClose CommentsPermalink





`(d) LIMITATION ON NUMBER OF ASSESSMENTS- A civil penalty may not be assessed on an individual under this section on more than two separate occasions.CommentsClose CommentsPermalink





`(e) ASSESSMENT- A civil penalty under this section may be assessed by the Attorney General only by an order made on the record after opportunity for a hearing in accordance with section 554 of title 5. The Attorney General shall provide written notice to the individual who is the subject of the proposed order informing the individual of the opportunity to receive such a hearing with respect to the proposed order. The hearing may be held only if the individual makes a request for the hearing before the expiration of the 30-day period beginning on the date such notice is issued.CommentsClose CommentsPermalink





`(f) COMPROMISE- The Attorney General may compromise, modify, or remit, with or without conditions, any civil penalty imposed under this section.CommentsClose CommentsPermalink





`(g) JUDICIAL REVIEW- If the Attorney General issues an order pursuant to subsection (e) after a hearing described in such subsection, the individual who is the subject of the order may, before the expiration of the 30-day period beginning on the date the order is issued, bring a civil action in the appropriate district court of the United States. In such action, the law and the facts of the violation and the assessment of the civil penalty shall be determined de novo, and shall include the right of a trial by jury, the right to counsel, and the right to confront witnesses. The facts of the violation shall be proved beyond a reasonable doubt.CommentsClose CommentsPermalink





`(h) CIVIL ACTION- If an individual does not request a hearing pursuant to subsection (e) and the Attorney General issues an order pursuant to such subsection, or if an individual does not under subsection (g) seek judicial review of such an order, the Attorney General may commence a civil action in any appropriate district court of the United States for the purpose of recovering the amount assessed and an amount representing interest at a rate computed in accordance with section 1961 of title 28, United States Code. Such interest shall accrue from the expiration of the 30-day period described in subsection (g). In such an action, the decision of the Attorney General to issue the order, and the amount of the penalty assessed by the Attorney General, shall not be subject to review.CommentsClose CommentsPermalink





`(i) LIMITATION- The Attorney General may not under this section commence proceeding against an individual after the expiration of the 5-year period beginning on the date on which the individual allegedly violated subsection (a).CommentsClose CommentsPermalink





`(j) EXPUNGEMENT PROCEDURES- The Attorney General shall dismiss the proceedings under this section against an individual upon application of such individual at any time after the expiration of 3 years if--CommentsClose CommentsPermalink





`(1) the individual has not previously been assessed a civil penalty under this section;CommentsClose CommentsPermalink





`(2) the individual has paid the assessment;CommentsClose CommentsPermalink





`(3) the individual has complied with any conditions imposed by the Attorney General;CommentsClose CommentsPermalink





`(4) the individual has not been convicted of a Federal or State offense relating to a controlled substance; andCommentsClose CommentsPermalink





`(5) the individual agrees to submit to a drug test, and such test shows the individual to be drug free.CommentsClose CommentsPermalink





A nonpublic record of a disposition under this subsection shall be retained by the Department of Justice solely for the purpose of determining in any subsequent proceeding whether the person qualified for a civil penalty or expungement under this section. If a record is expunged under this subsection, an individual concerning whom such an expungement has been made shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of his failure to recite or acknowledge a proceeding under this section or the results thereof in response to an inquiry made of him for any purpose.CommentsClose CommentsPermalink

`Sec. 413. Continuing criminal enterprise

`(a) ENGAGING IN ENTERPRISE-CommentsClose CommentsPermalink





`(1) Whoever engages in a continuing criminal enterprise shall be imprisoned for any term of years not less than 20, or for life and fined not more than $2,000,000.CommentsClose CommentsPermalink





`(2) If a person engages in such activity after a prior conviction of that person under this section, the offender shall be imprisoned any term of years not less than 30, or for life, and fined not to exceed the greater of twice the amount otherwise authorized in this chapter, or $4,000,000.CommentsClose CommentsPermalink





`(b) AGGRAVATED OFFENSE- Whoever engages in a continuing criminal enterprise shall be imprisoned for life and fined under subsection (a), if--CommentsClose CommentsPermalink





`(1) such person is the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders; andCommentsClose CommentsPermalink





`(2)(A) the violation referred to in subsection (c)(1) involved at least 300 times the quantity of a substance described in section 403(b); orCommentsClose CommentsPermalink





`(B) the enterprise, or any other enterprise in which the defendant was the principal or one of several principal administrators, organizers, or leaders, received $10 million dollars in gross receipts during any twelve-month period of its existence for the manufacture, importation, or distribution of a substance described in section 403(b).CommentsClose CommentsPermalink





`(c) WHAT CONSTITUTES `ENGAGING'- For purposes of this section, a person is engaged in a continuing criminal enterprise if--CommentsClose CommentsPermalink





`(1) that person violates any provision of this chapter the punishment for which is a felony, andCommentsClose CommentsPermalink





`(2) such violation is a part of a continuing series of violations of chapter--CommentsClose CommentsPermalink





`(A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, andCommentsClose CommentsPermalink





`(B) from which such person obtains substantial income or resources.CommentsClose CommentsPermalink





`(d) SPECIAL RULE FOR SENTENCING- In the case of any sentence imposed under this section, imposition or execution of such sentence shall not be suspended, probation shall not be granted, and the Act of July 15, 1932 (D.C. Code, secs. 24-203--24-207), shall not apply.CommentsClose CommentsPermalink





`(e) DEATH PENALTY-CommentsClose CommentsPermalink





`(1) In addition to the other penalties set forth in this section whoever--CommentsClose CommentsPermalink





`(A) while engaging in or working in furtherance of a continuing criminal enterprise, or engaging in an offense punishable under section 403(a) intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of an individual and such killing results; andCommentsClose CommentsPermalink





`(B) during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution or service of a prison sentence for, a felony violation of this chapter intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of any Federal, State, or local law enforcement officer engaged in, or on account of, the performance of such officer's official duties and such killing results;CommentsClose CommentsPermalink





shall be imprisoned any term of year not less than 20, or for life, or may be sentenced to death.CommentsClose CommentsPermalink





`(2) As used in paragraph (1)(B), the term `law enforcement officer' means a public servant authorized by law to conduct or engage in the prevention, investigation, prosecution or adjudication of an offense, and includes those engaged in corrections, probation, or parole functions.CommentsClose CommentsPermalink

`Sec. 414. Drug paraphernalia

`(a) OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) sells or offers for sale drug paraphernalia;CommentsClose CommentsPermalink





`(2) uses a facility of interstate or foreign commerce to transport drug paraphernalia; orCommentsClose CommentsPermalink





`(3) imports or exports drug paraphernalia.CommentsClose CommentsPermalink





shall be imprisoned not more than three years.CommentsClose CommentsPermalink





`(b) FORFEITURE- Any drug paraphernalia involved in any violation of subsection (a) of this section shall be subject to seizure and forfeiture upon the conviction of a person for such violation. Any such paraphernalia shall be delivered to the Administrator of General Services, General Services Administration, who may order such paraphernalia destroyed or may authorize its use for law enforcement or educational purposes by Federal, State, or local authorities.CommentsClose CommentsPermalink





`(c) DEFINITION- The term `drug paraphernalia' means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under the Controlled Substances Act (title II of Public Law 91-513). It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, PCP, methamphetamine, or amphetamines into the human body, such as--CommentsClose CommentsPermalink





`(1) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;CommentsClose CommentsPermalink





`(2) water pipes;CommentsClose CommentsPermalink





`(3) carburetion tubes and devices;CommentsClose CommentsPermalink





`(4) smoking and carburetion masks;CommentsClose CommentsPermalink





`(5) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;CommentsClose CommentsPermalink





`(6) miniature spoons with level capacities of one-tenth cubic centimeter or less;CommentsClose CommentsPermalink





`(7) chamber pipes;CommentsClose CommentsPermalink





`(8) carburetor pipes;CommentsClose CommentsPermalink





`(9) electric pipes;CommentsClose CommentsPermalink





`(10) air-driven pipes;CommentsClose CommentsPermalink





`(11) chillums;CommentsClose CommentsPermalink





`(12) bongs;CommentsClose CommentsPermalink





`(13) ice pipes or chillers;CommentsClose CommentsPermalink





`(14) wired cigarette papers; orCommentsClose CommentsPermalink





`(15) cocaine freebase kits.CommentsClose CommentsPermalink





`(e) FACTORS WHICH MAY BE CONSIDERED- In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered:CommentsClose CommentsPermalink





`(1) Instructions, oral or written, provided with the item concerning its use.CommentsClose CommentsPermalink





`(2) Descriptive materials accompanying the item which explain or depict its use.CommentsClose CommentsPermalink





`(3) National and local advertising concerning its use.CommentsClose CommentsPermalink





`(4) The manner in which the item is displayed for sale.CommentsClose CommentsPermalink





`(5) Whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.CommentsClose CommentsPermalink





`(6) Direct or circumstantial evidence of the radio of sales of the item to the total sales of the business enterprise.CommentsClose CommentsPermalink





`(7) The existence and scope of legitimate uses of the item in the community.CommentsClose CommentsPermalink





`(8) Expert testimony concerning its use.CommentsClose CommentsPermalink





`(f) EXCLUSIONS- This section shall not apply to--CommentsClose CommentsPermalink





`(1) any person authorized by local, State, or Federal law to manufacture, possess, or distribute such items; orCommentsClose CommentsPermalink





`(2) any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and traditionally intended for use with tobacco products, including any pipe, paper, or accessory.CommentsClose CommentsPermalink

`Sec. 415. Proceedings to establish prior convictions

`(a) FILING OF INFORMATION-CommentsClose CommentsPermalink





`(1) No person who is convicted of an offense under this chapter shall be sentenced to increased punishment by reason of one or more prior convictions, unless before trial, or before entry of a plea of guilty, the United States attorney files an information with the court (and serves a copy of such information on the person or counsel for the person) stating in writing the previous convictions to be relied upon. Upon a showing by the United States attorney that facts regarding prior convictions could not with due diligence be obtained prior to trial or before entry of a plea of guilty, the court may postpone the trial or the taking of the plea of guilty for a reasonable period for the purpose of obtaining such facts. Clerical mistakes in the information may be amended at any time prior to the pronouncement of sentence.CommentsClose CommentsPermalink





`(2) An information may not be filed under this section if the increased punishment which may be imposed is imprisonment for a term in excess of three years unless the person either waived or was afforded prosecution by indictment for the offense for which such increased punishment may be imposed.CommentsClose CommentsPermalink





`(b) AFFIRMATION OR DENIAL OF PREVIOUS CONVICTION- If the United States attorney files an information under this section, the court shall after conviction but before pronouncement of sentence inquire of the person with respect to whom the information was filed whether he affirms or denies that he has been previously convicted as alleged in the information, and shall inform him that any challenge to a prior conviction which is not made before sentence is imposed may not thereafter be raised to attack the sentence.CommentsClose CommentsPermalink





`(c) DENIAL, WRITTEN RESPONSE, AND HEARING-CommentsClose CommentsPermalink





`(1) If the person denies any allegation of the information of prior conviction, or claims that any conviction alleged is invalid, he shall file a written response to the information. A copy of the response shall be served upon the United States attorney. The court shall hold a hearing to determine any issues raised by the response which would except the person from increased punishment. The failure of the United States attorney to include in the information the complete criminal record of the person or any facts in addition to the convictions to be relied upon shall not constitute grounds for invalidating the notice given in the information required by subsection (a)(1). The hearing shall be before the court without a jury and either party may introduce evidence. Except as otherwise provided in paragraph (2) of this subsection, the United States attorney shall have the burden of proof beyond a reasonable doubt on any issue of fact. At the request of either party, the court shall enter findings of fact and conclusions of law.CommentsClose CommentsPermalink





`(2) A person claiming that a conviction alleged in the information was obtained in violation of the Constitution of the United States shall set forth his claim, and the factual basis therefor, with particularity in his response to the information. The person shall have the burden of proof by a preponderance of the evidence on any issue of fact raised by the response. Any challenge to a prior conviction, not raised by response to the information before an increased sentence is imposed in reliance thereon, shall be waived unless good cause be shown for failure to make a timely challenge.CommentsClose CommentsPermalink





`(d) IMPOSITION OF SENTENCE-CommentsClose CommentsPermalink





`(1) If the person files no response to the information, or if the court determines, after hearing, that the person is subject to increased punishment by reason of prior convictions, the court shall proceed to impose sentence upon him as provided by this part.CommentsClose CommentsPermalink





`(2) If the court determines that the person has not been convicted as alleged in the information, that a conviction alleged in the information is invalid, or that the person is otherwise not subject to an increased sentence as a matter of law, the court shall, at the request of the United States attorney, postpone sentence to allow an appeal from that determination. If no such request is made, the court shall impose sentence as provided by this part. The person may appeal from an order postponing sentence as if sentence had been pronounced and a final judgment of conviction entered.CommentsClose CommentsPermalink





`(e) CHALLENGES OF VALIDITY OF PRIOR CONVICTIONS- No person who is convicted of an offense under this chapter may challenge the validity of any prior conviction alleged under this section which occurred more than five years before the date of the information alleging such prior conviction.CommentsClose CommentsPermalink

`Sec. 416. Anhydrous ammonia

`(a) It is unlawful for any person--CommentsClose CommentsPermalink





`(1) to steal anhydrous ammonia, orCommentsClose CommentsPermalink





`(2) to transport stolen anhydrous ammonia across State lines,CommentsClose CommentsPermalink





knowing, intending, or having reasonable cause to believe that such anhydrous ammonia will be used to manufacture a controlled substance in violation of this part.CommentsClose CommentsPermalink





`(b) Any person who violates subsection (a) shall be imprisoned or fined, or both, in accordance with section 403(d) as if such violation were a violation of a provision of section 403.CommentsClose CommentsPermalink

`Sec. 417. Controlled substances import and export listed chemical offenses

`Whoever knowingly--CommentsClose CommentsPermalink





`(1) imports or exports a listed chemical with intent to manufacture a controlled substance in violation of the Controlled Substances Act or the Controlled Substances Import and Export Act;CommentsClose CommentsPermalink





`(2) exports a listed chemical in violation of the laws of the country to which the chemical is exported or serves as a broker or trader for an international transaction involving a listed chemical, if the transaction is in violation of the laws of the country to which the chemical is exported;CommentsClose CommentsPermalink





`(3) imports or exports a listed chemical knowing, or having reasonable cause to believe, that the chemical will be used to manufacture a controlled substance in violation of the Controlled Substances Act or the Controlled Substances Import or Export Act;CommentsClose CommentsPermalink





`(4) exports a listed chemical, or serves as a broker or trader for an international transaction involving a listed chemical, knowing, or having reasonable cause to believe, that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported;CommentsClose CommentsPermalink





`(5) imports or exports a listed chemical, with the intent to evade the reporting or recordkeeping requirements of section 1018 applicable to such importation or exportation by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the 15-day notification requirement granted pursuant to section 1018(e) (2) or (3) of the Controlled Substances Import and Export Act by misrepresenting the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported;CommentsClose CommentsPermalink





`(6) imports or exports a listed chemical in violation of section 1007 or 1018; orCommentsClose CommentsPermalink





`(7) manufactures, possesses with intent to distribute, or distributes a listed chemical in violation of section 1009.CommentsClose CommentsPermalink





shall be imprisoned not more than 20 years in the case of a violation of paragraph (1) or (3) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (3) involving a list I chemical, or both.CommentsClose CommentsPermalink

`Sec. 418. Prohibited acts related to foreign terrorist organizations or terrorist persons and groups

`(a) OFFENSE- Whoever, as made applicable in subsection (b), engages in conduct that would be punishable under section 841(a) of this title if committed within the jurisdiction of the United States, or attempts or conspires to do so, knowing or intending to provide, directly or indirectly, anything of pecuniary value to any person or organization that has engaged or engages in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act) or terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989), shall be sentenced to a term of imprisonment of not less than twice the minimum punishment under section 841(b)(1), and not more than life, a fine in accordance with the provisions of title 18, United States Code, or both. Notwithstanding section 3583 of title 18, United States Code, any sentence imposed under this subsection shall include a term of supervised release of at least 5 years in addition to such term of imprisonment.CommentsClose CommentsPermalink





`(b) APPLICABILITY- The conduct described in subsection (a) is an offense if--CommentsClose CommentsPermalink





`(1) the prohibited drug activity or the terrorist offense is in violation of the criminal laws of the United States;CommentsClose CommentsPermalink





`(2) the offense, the prohibited drug activity, or the terrorist offense occurs in or affects interstate or foreign commerce;CommentsClose CommentsPermalink





`(3) an offender provides anything of pecuniary value for a terrorist offense that causes or is designed to cause death or serious bodily injury to a national of the United States while that national is outside the United States, or substantial damage to the property of a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions) while that property is outside of the United States;CommentsClose CommentsPermalink





`(4) the offense or the prohibited drug activity occurs in whole or in part outside of the United States (including on the high seas), and a perpetrator of the offense or the prohibited drug activity is a national of the United States or a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions); orCommentsClose CommentsPermalink





`(5) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States.CommentsClose CommentsPermalink





`(c) PROOF REQUIREMENTS- To violate subsection (a), a person must have knowledge that the person or organization has engaged or engages in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act) or terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989).CommentsClose CommentsPermalink





`(d) DEFINITION- As used in this section, the term `anything of pecuniary value' has the meaning given the term in section 506.CommentsClose CommentsPermalink

`CHAPTER 19--ORGANIZED CRIME

`SubchapterCommentsClose CommentsPermalink

--Sec.CommentsClose CommentsPermalink

501CommentsClose CommentsPermalink

511CommentsClose CommentsPermalink

521CommentsClose CommentsPermalink

`SUBCHAPTER A--RACKETEERING

`Sec.CommentsClose CommentsPermalink

`501. Interference with commerce by threats or violence.CommentsClose CommentsPermalink





`502. Interstate and foreign travel or transportation in aid of racketeering enterprises.CommentsClose CommentsPermalink





`503. Interstate transportation of wagering paraphernalia.CommentsClose CommentsPermalink





`504. Offer, acceptance, or solicitation to influence operations of employee benefit plan.CommentsClose CommentsPermalink





`505. Prohibition of illegal gambling businesses.CommentsClose CommentsPermalink





`506. Use of interstate commerce facilities in the commission of murder-for-hire.CommentsClose CommentsPermalink





`507. Violent crimes in aid of racketeering activity.CommentsClose CommentsPermalink





`508. Prohibition of unlicensed money transmitting businesses.CommentsClose CommentsPermalink

`Sec. 501. Interference with commerce by threats or violence

`(a) OFFENSE- Whoever affects interstate or foreign 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 imprisoned not more than 20 years.CommentsClose CommentsPermalink





`(b) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) The term `robbery' means the unlawful taking or obtaining of personal property from the person or presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(c) EXCLUSIONS- This section does not repeal, modify or affect section 6 or 20 of the Clayton Act, the Norris-LaGuardia Act, the Labor Management Relations Act, 1947, or the Railway Labor Act.CommentsClose CommentsPermalink

`Sec. 502. Interstate and foreign travel or transportation in aid of racketeering enterprises

`(a) ELEMENTS OF OFFENSE-CommentsClose CommentsPermalink





`(1) Whoever travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce, with intent to--CommentsClose CommentsPermalink





`(A) distribute the proceeds of any unlawful activity;CommentsClose CommentsPermalink





`(B) commit any crime of violence to further any unlawful activity; orCommentsClose CommentsPermalink





`(C) otherwise promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of any unlawful activity;CommentsClose CommentsPermalink





and thereafter performs or attempts to engage in the conduct so intended shall be punished as provided in subsection (b).CommentsClose CommentsPermalink





`(b) PUNISHMENT- The punishment for an offense under subsection (a)--CommentsClose CommentsPermalink





`(1) with respect to conduct described in subparagraph (A) or (C) shall be imprisoned not more than 5 years; orCommentsClose CommentsPermalink





`(2) with respect to conduct described in subparagraph (B) shall be imprisoned for not more than 20 years and if death results shall be imprisoned for any term of years or for life.CommentsClose CommentsPermalink





`(c) DEFINITIONS- As used in this section the term `unlawful activity' means--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(2) extortion, bribery, or arson in violation of the laws of the State in which committed or of the United States; orCommentsClose CommentsPermalink





`(3) any act which is indictable under subchapter II of chapter 53 of title 31, or under section 1451 or 1452.CommentsClose CommentsPermalink

`Sec. 503. Interstate transportation of wagering paraphernalia

`(a) OFFENSE- Whoever, except a common carrier in the usual course of its business, knowingly carries or sends in interstate or foreign commerce any device to be used--CommentsClose CommentsPermalink





`(1) bookmaking;CommentsClose CommentsPermalink





`(2) wagering pools with respect to a sporting event; orCommentsClose CommentsPermalink





`(3) in a numbers, policy, bolita, or similar gameCommentsClose CommentsPermalink





shall be imprisoned for not more than five years.CommentsClose CommentsPermalink





`(b) EXCLUSION- This section does not apply to--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(3) the carriage or transportation in interstate or foreign commerce of any newspaper or similar publication;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(5) the transportation in foreign commerce to a destination in a foreign country of equipment, tickets, or materials designed to be used within that foreign country in a lottery which is authorized by the laws of that foreign country.CommentsClose CommentsPermalink





`(c) EFFECT ON STATE PROSECUTIONS- Nothing in this section creates immunity from criminal prosecution under any laws of a.CommentsClose CommentsPermalink





`(d) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(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); andCommentsClose CommentsPermalink





`(2) the term `lottery' means the pooling of proceeds derived from the sale of tickets or chances and allotting those proceeds or parts thereof by chance to one or more chance takers or ticket purchasers, but does not include the placing or accepting of bets or wagers on sporting events or contests.CommentsClose CommentsPermalink

`Sec. 504. Offer, acceptance, or solicitation to influence operations of employee benefit plan

`(a) OFFENSE- Whoever, being--CommentsClose CommentsPermalink





`(1) an administrator, officer, trustee, custodian, counsel, agent, or employee of any employee welfare benefit plan or employee pension benefit plan;CommentsClose CommentsPermalink





`(2) an officer, counsel, agent, or employee of an employer or an employer any of whose employees are covered by such plan;CommentsClose CommentsPermalink





`(3) an officer, counsel, agent, or employee of an employee organization any of whose members are covered by such plan; orCommentsClose CommentsPermalink





`(4) a person who, or an officer, counsel, agent, or employee of an organization which, provides benefit plan services to such plan;CommentsClose CommentsPermalink





receives or agrees to receive or solicits anything of value because of or with intent to be influenced with respect to, any of the actions, decisions, or other duties relating to any question or matter concerning such plan or any person who directly or indirectly gives or offers, or promises to give or offer, anything prohibited by this section shall be imprisoned not more than three years.CommentsClose CommentsPermalink





`(b) EXCLUSION- This section does not prohibit the payment to or acceptance by any person of bona fide salary, compensation, or other payments made for goods or facilities actually furnished or for services actually performed in the regular course of his duties as such person, administrator, officer, trustee, custodian, counsel, agent, or employee of such plan, employer, employee organization, or organization providing benefit plan services to such plan.CommentsClose CommentsPermalink





`(c) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the term `any employee welfare benefit plan' or `employee pension benefit plan' means any employee welfare benefit plan or employee pension benefit plan, respectively, subject to any provision of title I of the Employee Retirement Income Security Act of 1974; andCommentsClose CommentsPermalink





`(2) the term `employee organization' and `administrator' have the meanings given those terms, respectively, in sections 3(4) and (3)(16) of the Employee Retirement Income Security Act of 1974.CommentsClose CommentsPermalink

`Sec. 505. Prohibition of illegal gambling businesses

`(a) OFFENSE- Whoever conducts, finances, manages, supervises, directs, or owns all or part of an illegal gambling business shall be fined under this title or imprisoned not more than five years, or both.CommentsClose CommentsPermalink





`(b) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the term `illegal gambling business' means a gambling business which--CommentsClose CommentsPermalink





`(A) is a violation of the law of a State or political subdivision in which it is conducted;CommentsClose CommentsPermalink





`(B) involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of such business; andCommentsClose CommentsPermalink





`(C) has been or remains in substantially continuous operation for a period in excess of 30 days or has a gross revenue of $2,000 in any single day;CommentsClose CommentsPermalink





`(2) the term `gambling' includes pool-selling, bookmaking, maintaining slot machines, roulette wheels or dice tables, and conducting lotteries, policy, bolita or numbers games, or selling chances therein.CommentsClose CommentsPermalink





`(c) ESTABLISHMENT OF PROBABLE CAUSE- If five or more persons conduct, finance, manage, supervise, direct, or own all or part of a gambling business and such business operates for two or more successive days, then, for the purpose of obtaining warrants for arrests, interceptions, and other searches and seizures, probable cause that the business receives gross revenue in excess of $2,000 in any single day shall be deemed to have been established.CommentsClose CommentsPermalink





`(d) FORFEITURE- Any property, including money, used in violation of the provisions of this section may be seized and forfeited to the United States. All provisions of law relating to the seizures, summary, and judicial forfeiture procedures, and condemnation of vessels, vehicles, merchandise, and baggage for violation of the customs laws; the disposition of such vessels, vehicles, merchandise, and baggage or the proceeds from such sale; the remission or mitigation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred or alleged to have been incurred under the provisions of this section, insofar as applicable and not inconsistent with such provisions. Such duties as are imposed upon the collector of customs or any other person in respect to the seizure and forfeiture of vessels, vehicles, merchandise, and baggage under the customs laws shall be performed with respect to seizures and forfeitures of property used or intended for use in violation of this section by such officers, agents, or other persons as may be designated for that purpose by the Attorney General.CommentsClose CommentsPermalink





`(e) EXCLUSION- This section does not apply to any bingo game, lottery, or similar game of chance conducted by an organization exempt from tax under paragraph (3) of subsection (c) of section 501 of the Internal Revenue Code of 1986, as amended, if no part of the gross receipts derived from such activity inures to the benefits of any private shareholder, member, or employee of such organization except as compensation for actual expenses incurred by him in the conduct of such activity.CommentsClose CommentsPermalink

`Sec. 506. Use of interstate commerce facilities in the commission of murder-for-hire

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





`(b) DEFINITION- As used in this section and section 507--CommentsClose CommentsPermalink





`(1) the term `anything of pecuniary value' means anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else the primary significance of which is economic advantage; andCommentsClose CommentsPermalink





`(2) the term `facility of interstate or foreign commerce' includes means of transportation and communication.CommentsClose CommentsPermalink

`Sec. 507. Violent crimes in aid of racketeering activity

`(a) OFFENSE- Whoever, as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value from an enterprise engaged in racketeering activity, or for the purpose of gaining entrance to or maintaining or increasing position in an enterprise engaged in racketeering activity, murders, kidnaps, maims, assaults with a dangerous weapon, commits assault resulting in serious bodily injury upon, or threatens to commit a crime of violence against any individual in violation of the laws of any State or the United States, or attempts or conspires so to do, shall be punished--CommentsClose CommentsPermalink





`(1) for murder, by death or life imprisonment; and for kidnapping, by imprisonment for any term of years or for life;CommentsClose CommentsPermalink





`(2) for maiming, by imprisonment for not more than thirty years;CommentsClose CommentsPermalink





`(3) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than twenty years;CommentsClose CommentsPermalink





`(4) for threatening to commit a crime of violence, by imprisonment for not more than five years;CommentsClose CommentsPermalink





`(5) for attempting or conspiring to commit murder or kidnapping, by imprisonment for not more than ten years; andCommentsClose CommentsPermalink





`(6) for attempting or conspiring to commit a crime involving maiming, assault with a dangerous weapon, or assault resulting in serious bodily injury, by imprisonment for not more than three years.CommentsClose CommentsPermalink





`(b) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the term `racketeering activity' has the meaning set forth in section 511; andCommentsClose CommentsPermalink





`(2) the term `enterprise' includes any partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity, which is engaged in, or the activities of which affect, interstate or foreign commerce.CommentsClose CommentsPermalink

`Sec. 508. Prohibition of unlicensed money transmitting businesses

`(a) OFFENSE- Whoever knowingly conducts, controls, manages, supervises, directs, or owns all or part of an unlicensed money transmitting business, shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(b) DEFINITION- As used in this section--CommentsClose CommentsPermalink





`(1) the term `unlicensed money transmitting business' means a money transmitting business which affects interstate or foreign commerce in any manner or degree and--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink

`SUBCHAPTER B--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

`Sec.CommentsClose CommentsPermalink

`511. Definitions.CommentsClose CommentsPermalink





`512. Prohibited activities.CommentsClose CommentsPermalink





`513. Criminal penalties.CommentsClose CommentsPermalink





`514. Civil remedies.CommentsClose CommentsPermalink





`515. Venue and process.CommentsClose CommentsPermalink





`516. Expedition of actions.CommentsClose CommentsPermalink





`517. Evidence.CommentsClose CommentsPermalink





`518. Civil investigative demand.CommentsClose CommentsPermalink

`Sec. 511. Definitions

`As used in this subchapter--CommentsClose CommentsPermalink





`(1) the term `racketeering activity' means--CommentsClose CommentsPermalink





`(A) any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), which is chargeable under State law and punishable by imprisonment for more than one year;CommentsClose CommentsPermalink





`(B) any act which is indictable under any of the following provisions of title 18, United States Code: Section 991 (relating to bribery), section 1007 (relating to sports bribery), sections 692, 693, and 694 (relating to counterfeiting), section 647 (relating to theft from interstate shipment) if the act indictable under section 647 is felonious, section 651 (relating to embezzlement from pension and welfare funds), sections 155, 156, 157, 159 (relating to extortionate credit transactions), section 783 (relating to fraud and related activity in connection with identification documents), section 784 (relating to fraud and related activity in connection with access devices), section 1381 (relating to the transmission of gambling information), section 801 (relating to mail fraud), section 803 (relating to wire fraud), section 804 (relating to financial institution fraud), section 325 (relating to the procurement of citizenship or nationalization unlawfully), section 316 (relating to the sale of naturalization or citizenship papers), 318 (relating to bringing in or harboring certain aliens), 321 (relating to aiding or assisting certain aliens to enter the United States), (if the violation of section 318 or 321 was committed for financial gain) sections 1441-1443 (relating to obscene matter), section 1132 (relating to obstruction of justice), section 1135 (relating to obstruction of criminal investigations), section 1137 (relating to the obstruction of State or local law enforcement), section 1138 (relating to tampering with a witness, victim, or an informant), section 1139 (relating to retaliating against a witness, victim, or an informant), section 311 (relating to false statement in application and use of passport), section 312 (relating to forgery or false use of passport), section 313 (relating to misuse of passport), section 314 (relating to fraud and misuse of visas, permits, and other documents), sections 1261-1266 (relating to peonage, slavery, and trafficking in persons), section 501 (relating to interference with commerce, robbery, or extortion), section 502 (relating to racketeering), section 503 (relating to interstate transportation of wagering paraphernalia), section 504 (relating to unlawful welfare fund payments), section 505 (relating to the prohibition of illegal gambling businesses), section 1451 (relating to the laundering of monetary instruments), section 1452 (relating to engaging in monetary transactions in property derived from specified unlawful activity), section 506 (relating to use of interstate commerce facilities in the commission of murder-for-hire), section 508 (relating to prohibition of unlicensed money transmitting businesses), sections 221, 222, and 223 (relating to sexual exploitation of children), sections 671 and 672 (relating to interstate transportation of stolen motor vehicles), sections 674 and 675 (relating to interstate transportation of stolen property), section 676 (relating to trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging and copies of motion pictures or other audiovisual works), section 678 (relating to criminal infringement of a copyright), section 679 (relating to unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances), section 680 (relating to trafficking in goods or services bearing counterfeit marks), section 682 (relating to trafficking in certain motor vehicles or motor vehicle parts), sections 1411-1415 (relating to trafficking in contraband cigarettes), sections 211-214 (relating to white slave traffic), sections 621-627 (relating to biological weapons), sections 363 (relating to chemical weapons), section 601 (relating to nuclear materials);CommentsClose CommentsPermalink





`(C) any act which is indictable under section 302 of the Labor Management Relations Act, 1947, section 186 (dealing with restrictions on payments and loans to labor organizations) or section 501(c) (relating to embezzlement from union funds);CommentsClose CommentsPermalink





`(D) any offense involving fraud connected with a case under title 11 (except a case under section 875 of this title), fraud in the sale of securities, or the felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), punishable under any law of the United States;CommentsClose CommentsPermalink





`(E) any act which is indictable under the Currency and Foreign Transactions Reporting Act;CommentsClose CommentsPermalink





`(F) any act which is indictable under section 278 of the Immigration and Nationality Act, if the act indictable under such section of such Act was committed for the purpose of financial gain; orCommentsClose CommentsPermalink





`(G) any act that is indictable under any provision listed in section 274(g)(5)(B);CommentsClose CommentsPermalink





`(2) the term `person' includes any individual or entity capable of holding a legal or beneficial interest in property;CommentsClose CommentsPermalink





`(3) the term `enterprise' includes any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity;CommentsClose CommentsPermalink





`(4) the term `pattern of racketeering activity' requires at least two acts of racketeering activity, one of which occurred after October 15, 1970 and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity;CommentsClose CommentsPermalink





`(5) the term `unlawful debt' means a debt--CommentsClose CommentsPermalink





`(A) incurred or contracted in gambling activity which was in violation of the law of the United States, a State or political subdivision thereof, or which is unenforceable under State or Federal law in whole or in part as to principal or interest because of the laws relating to usury; andCommentsClose CommentsPermalink





`(B) which was incurred in connection with the business of gambling in violation of the law of the United States, a State or political subdivision thereof, or the business of lending money or a thing of value at a rate usurious under State or Federal law, where the usurious rate is at least twice the enforceable rate;CommentsClose CommentsPermalink





`(6) the term `racketeering investigator' means any attorney or investigator so designated by the Attorney General and charged with the duty of enforcing or carrying into effect this chapter;CommentsClose CommentsPermalink





`(7) the term `racketeering investigation' means any inquiry conducted by any racketeering investigator for the purpose of ascertaining whether any person has been involved in any violation of this subchapter or of any final order, judgment, or decree of any court of the United States, duly entered in any case or proceeding arising under this subchapter;CommentsClose CommentsPermalink





`(8) the term `documentary material' includes any book, paper, document, record, recording, or other material; andCommentsClose CommentsPermalink





`(9) the term `Attorney General' includes the Attorney General of the United States, the Deputy Attorney General of the United States, the Associate Attorney General of the United States, any Assistant Attorney General of the United States, or any employee of the Department of Justice or any employee of any department or agency of the United States so designated by the Attorney General to carry out the powers conferred on the Attorney General by this chapter, and any department or agency so designated may use in investigations authorized by this subchapter either the investigative provisions of this subchapter or the investigative power of such department or agency otherwise conferred by law.CommentsClose CommentsPermalink

`Sec. 512. Prohibited activities

`(a) USING OR INVESTING PROCEEDS- It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity or through collection of an unlawful debt in which such person has participated as a principal within the meaning of section 2, title 18, United States Code, to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce. A purchase of securities on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this subsection if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any pattern or racketeering activity or the collection of an unlawful debt after such purchase do not amount in the aggregate to one percent of the outstanding securities of any one class, and do not confer, either in law or in fact, the power to elect one or more directors of the issuer.CommentsClose CommentsPermalink





`(b) MAINTAINING INTEREST OR CONTROL- It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.CommentsClose CommentsPermalink





`(c) CONDUCTING AFFAIRS- It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity or collection of unlawful debt.CommentsClose CommentsPermalink





`(d) CONSPIRACIES- It shall be unlawful for any person to conspire to violate subsection (a), (b), or (c).CommentsClose CommentsPermalink

`Sec. 513. Criminal penalties

`Whoever violates section 512 shall be imprisoned not more than 20 years (or for life if the violation is based on a racketeering activity for which the maximum penalty includes life imprisonment).CommentsClose CommentsPermalink

`Sec. 514. Civil remedies

`(a) PREVENTION AND RESTRAINT OF VIOLATIONS- The district courts of the United States shall have jurisdiction to prevent and restrain violations of section 512 by issuing appropriate orders, including--CommentsClose CommentsPermalink





`(1) ordering any person to divest any interest in any enterprise; andCommentsClose CommentsPermalink





`(2) imposing reasonable restrictions on the future activities or investments of any person, including--CommentsClose CommentsPermalink





`(A) prohibiting that person from engaging in the same type of endeavor as the enterprise engaged in, the activities of which affect interstate or foreign commerce; orCommentsClose CommentsPermalink





`(B) ordering dissolution or reorganization of any enterprise, making due provision for the rights of innocent persons.CommentsClose CommentsPermalink





`(b) PRELIMINARY MATTERS- The Attorney General may institute proceedings under this section. Pending final determination thereof, the court may at any time enter such restraining orders or prohibitions, or take such other actions, including the acceptance of satisfactory performance bonds, as it shall deem proper.CommentsClose CommentsPermalink





`(c) PRIVATE RIGHT OF ACTION- Any person injured in his business or property by reason of a violation of section 512 may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorney's fee, except that no person may rely upon any conduct that would have been actionable as fraud in the purchase or sale of securities to establish a violation of section 512. The exception contained in the preceding sentence does not apply to an action against any person that is criminally convicted in connection with the fraud, in which case the statute of limitations shall start to run on the date on which the conviction becomes final.CommentsClose CommentsPermalink





`(d) ESTOPPEL- A final judgment or decree rendered in favor of the United States in any criminal proceeding brought by the United States under this chapter shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the United States.CommentsClose CommentsPermalink

`Sec. 515. Venue and process

`(a) VENUE- Any civil action or proceeding under this subchapter may be instituted in the district court of the United States for any district in which such person resides, is found, has an agent, or transacts his affairs.CommentsClose CommentsPermalink





`(b) SUMMONS- In any action under section 514 in any district court of the United States in which it is shown that the ends of justice require that other parties residing in any other district be brought before the court, the court may cause such parties to be summoned, and process for that purpose may be served in any judicial district of the United States by the marshal thereof.CommentsClose CommentsPermalink





`(c) SUBPOENAS- In any civil or criminal action or proceeding instituted by the United States under this subchapter in the district court of the United States for any judicial district, subpoenas issued by such court to compel the attendance of witnesses may be served in any other judicial district, except that in any civil action or proceeding no such subpena shall be issued for service upon any individual who resides in another district at a place more than one hundred miles from the place at which such court is held without approval given by a judge of such court upon a showing of good cause.CommentsClose CommentsPermalink





`(d) OTHER PROCESS- All other process in any action or proceeding under this subchapter may be served on any person in any judicial district in which such person resides, is found, has an agent, or transacts affairs.CommentsClose CommentsPermalink

`Sec. 516. Expedition of actions

`In any civil action instituted under this subchapter by the United States in any district court of the United States, the Attorney General may file with the clerk of such court a certificate stating that in the Attorney General's opinion the case is of general public importance. A copy of that certificate shall be furnished immediately by such clerk to the chief judge or, in the absence of the chief judge, to the presiding district judge of the district in which such action is pending. Upon receipt of such copy, such judge shall designate immediately a judge of that district to hear and determine the action.CommentsClose CommentsPermalink

`Sec. 517. Evidence

`In any proceeding ancillary to or in any civil action instituted by the United States under this subchapter the proceedings may be open or closed to the public at the discretion of the court after consideration of the rights of affected persons.CommentsClose CommentsPermalink

`Sec. 518. Civil investigative demand

`(a) ISSUANCE- If the Attorney General has reason to believe that any person or enterprise may be in possession, custody, or control of any documentary materials relevant to a racketeering investigation, the Attorney General may, before the institution of a civil or criminal proceeding thereon, issue in writing, and cause to be served upon such person, a civil investigative demand requiring such person to produce such material for examination.CommentsClose CommentsPermalink





`(b) CONTENTS- Each such demand shall--CommentsClose CommentsPermalink





`(1) state the nature of the conduct constituting the alleged racketeering violation which is under investigation and the provision of law applicable thereto;CommentsClose CommentsPermalink





`(2) describe the class or classes of documentary material produced thereunder with such definiteness and certainty as to permit such material to be fairly identified;CommentsClose CommentsPermalink





`(3) state that the demand is returnable forthwith or prescribe a return date which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproduction; andCommentsClose CommentsPermalink





`(4) identify the custodian to whom such material shall be made available.CommentsClose CommentsPermalink





`(c) LIMITATION- No such demand shall--CommentsClose CommentsPermalink





`(1) contain any requirement which would be held to be unreasonable if contained in a subpena duces tecum issued by a court of the United States in aid of a grand jury investigation of such alleged racketeering violation; orCommentsClose CommentsPermalink





`(2) require the production of any documentary evidence which would be privileged from disclosure if demanded by a subpena duces tecum issued by a court of the United States in aid of a grand jury investigation of such alleged racketeering violation.CommentsClose CommentsPermalink





`(d) SERVICE- Service of any such demand or any petition filed under this section may be made upon a person by--CommentsClose CommentsPermalink





`(1) delivering a duly executed copy thereof to any partner, executive officer, managing agent, or general agent thereof, or to any agent thereof authorized by appointment or by law to receive service of process on behalf of such person, or upon any individual person;CommentsClose CommentsPermalink





`(2) delivering a duly executed copy thereof to the principal office or place of business of the person to be served; orCommentsClose CommentsPermalink





`(3) depositing such copy in the United States mail, by registered or certified mail duly addressed to such person at its principal office or place of business.CommentsClose CommentsPermalink





`(e) RETURN- A verified return by the individual serving any such demand or petition setting forth the manner of such service shall be prima facie proof of such service. In the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such demand.CommentsClose CommentsPermalink





`(f) DOCUMENT CUSTODIAN-CommentsClose CommentsPermalink





`(1) The Attorney General shall designate a racketeering investigator to serve as racketeer document custodian, and such additional racketeering investigators as the Attorney General shall determine from time to time to be necessary to serve as deputies to such officer.CommentsClose CommentsPermalink





`(2) Any person upon whom any demand issued under this section has been duly served shall make such material available for inspection and copying or reproduction to the custodian designated therein at the principal place of business of such person, or at such other place as such custodian and such person thereafter may agree and prescribe in writing or as the court may direct, pursuant to this section on the return date specified in such demand, or on such later date as such custodian may prescribe in writing. Such person may upon written agreement between such person and the custodian substitute for copies of all or any part of such material originals thereof.CommentsClose CommentsPermalink





`(3) The custodian to whom any documentary material is so delivered shall take physical possession thereof, and shall be responsible for the use made thereof and for the return thereof pursuant to this chapter. The custodian may cause the preparation of such copies of such documentary material as may be required for official use under regulations which shall be promulgated by the Attorney General. While in the possession of the custodian, no material so produced shall be available for examination, without the consent of the person who produced such material, by any individual other than the Attorney General. Under such reasonable terms and conditions as the Attorney General shall prescribe, documentary material while in the possession of the custodian shall be available for examination by the person who produced such material or any duly authorized representatives of such person.CommentsClose CommentsPermalink





`(4) Whenever any attorney has been designated to appear on behalf of the United States before any court or grand jury in any case or proceeding involving any alleged violation of this chapter, the custodian may deliver to such attorney such documentary material in the possession of the custodian as such attorney determines to be required for use in the presentation of such case or proceeding on behalf of the United States. Upon the conclusion of any such case or proceeding, such attorney shall return to the custodian any documentary material so withdrawn which has not passed into the control of such court or grand jury through the introduction thereof into the record of such case or proceeding.CommentsClose CommentsPermalink





`(5) Upon the completion of--CommentsClose CommentsPermalink





`(A) the racketeering investigation for which any documentary material was produced under this subchapter, andCommentsClose CommentsPermalink





`(B) any case or proceeding arising from such investigation,CommentsClose CommentsPermalink





the custodian shall return to the person who produced such material all such material other than copies thereof made by the Attorney General pursuant to this subsection which has not passed into the control of any court or grand jury through the introduction thereof into the record of such case or proceeding.CommentsClose CommentsPermalink





`(6) When any documentary material has been produced by any person under this section for use in any racketeering investigation, and no such case or proceeding arising therefrom has been instituted within a reasonable time after completion of the examination and analysis of all evidence assembled in the course of such investigation, such person shall be entitled, upon written demand made upon the Attorney General, to the return of all documentary material other than copies thereof made pursuant to this subsection so produced by such person.CommentsClose CommentsPermalink





`(7) In the event of the death, disability, or separation from service of the custodian of any documentary material produced under any demand issued under this section or the official relief of such custodian from responsibility for the custody and control of such material, the Attorney General shall promptly--CommentsClose CommentsPermalink





`(A) designate another racketeering investigator to serve as custodian thereof, andCommentsClose CommentsPermalink





`(B) transmit notice in writing to the person who produced such material as to the identity and address of the successor so designated.CommentsClose CommentsPermalink





Any successor so designated shall have with regard to such materials all duties and responsibilities imposed by this section upon the predecessor custodian with regard thereto, except that he shall not be held responsible for any default or dereliction which occurred before the successor's designation as custodian.CommentsClose CommentsPermalink





`(g) ENFORCEMENT PETITION- Whenever any person fails to comply with any civil investigative demand duly served upon him under this section or whenever satisfactory copying or reproduction of any such material cannot be done and such person refuses to surrender such material, the Attorney General may file, in the district court of the United States for any judicial district in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of this section, except that if such person transacts business in more than one such district such petition shall be filed in the district in which such person maintains his principal place of business, or in such other district in which such person transacts business as may be agreed upon by the parties to such petition.CommentsClose CommentsPermalink





`(h) MODIFICATION OR SETTING ASIDE- Within 20 days after the service of any such demand upon any person, or at any time before the return date specified in the demand, whichever period is shorter, such person may file, in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, and serve upon such custodian a petition for an order of such court modifying or setting aside such demand. The time allowed for compliance with the demand in whole or in part as deemed proper and ordered by the court shall not run during the pendency of such petition in the court. Such petition shall specify each ground upon which the petitioner relies in seeking such relief, and may be based upon any failure of such demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of such person.CommentsClose CommentsPermalink





`(i) ORDERING CUSTODIAN TO PERFORM DUTY- At any time during which any custodian is in custody or control of any documentary material delivered by any person in compliance with any such demand, such person may file, in the district court of the United States for the judicial district within which the office of such custodian is situated, and serve upon such custodian a petition for an order of such court requiring the performance by such custodian of any duty imposed upon him by this section.CommentsClose CommentsPermalink





`(j) JURISDICTION- Whenever any petition is filed in any district court of the United States under this section, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry into effect the provisions of this section.CommentsClose CommentsPermalink

`SUBCHAPTER C--CRIMINAL STREET GANGS

`Sec.CommentsClose CommentsPermalink

`521. Criminal street gangs.CommentsClose CommentsPermalink

`Sec. 521. Criminal street gangs

`(a) Definitions- In this section--CommentsClose CommentsPermalink





`(1) the term `conviction' includes a finding, under State or Federal law, that a person has committed an act of juvenile delinquency involving a violent or controlled substances felony; andCommentsClose CommentsPermalink





`(2) the term `criminal street gang' means an ongoing group, club, organization, or association of 5 or more persons--CommentsClose CommentsPermalink





`(A) that has as 1 of its primary purposes the commission of 1 or more of the criminal offenses described in subsection (c);CommentsClose CommentsPermalink





`(B) the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subsection (c); andCommentsClose CommentsPermalink





`(C) the activities of which affect interstate or foreign commerce.CommentsClose CommentsPermalink





`(b) Penalty- The sentence of a person convicted of an offense described in subsection (c) shall be increased by not more than 10 years if the offense is committed under the circumstances described in subsection (d).CommentsClose CommentsPermalink





`(c) Offenses- The offenses described in this section are--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(3) a conspiracy to commit an offense described in paragraph (1) or (2).CommentsClose CommentsPermalink





`(d) Circumstances- The circumstances described in this section are that the offense described in subsection (c) was committed by a person who--CommentsClose CommentsPermalink





`(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);CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(3) has been convicted within the past 5 years for--CommentsClose CommentsPermalink





`(A) an offense described in subsection (c);CommentsClose CommentsPermalink





`(B) a State offense--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(D) a conspiracy to commit an offense described in subparagraph (A), (B), or (C).CommentsClose CommentsPermalink

`CHAPTER 21--ARSON, FIREARMS, EXPLOSIVES, AND WEAPONS CRIMES

`SubchapterCommentsClose CommentsPermalink

--Sec.CommentsClose CommentsPermalink

571CommentsClose CommentsPermalink

581CommentsClose CommentsPermalink

601CommentsClose CommentsPermalink

611CommentsClose CommentsPermalink

621CommentsClose CommentsPermalink

631CommentsClose CommentsPermalink

`SUBCHAPTER A--ARSON

`Sec.CommentsClose CommentsPermalink

`571. Arson within special maritime and territorial jurisdiction.CommentsClose CommentsPermalink

`Sec. 571. Arson within special maritime and territorial jurisdiction

`Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously sets fire to or burns any building, structure or vessel, any machinery or building materials or supplies, military or naval stores, munitions of war, or any structural aids or appliances for navigation or shipping, or attempts or conspires to do such an act, shall be imprisoned for not more than 25 years. If the building is a dwelling or if the life of any person is placed in jeopardy, the offender shall be imprisoned for any term of years or for life.CommentsClose CommentsPermalink

`SUBCHAPTER B--FIREARMS

`Sec.CommentsClose CommentsPermalink

`581. Definitions.CommentsClose CommentsPermalink





`582. Unlawful acts.CommentsClose CommentsPermalink





`583. Licensing.CommentsClose CommentsPermalink





`584. Penalties.CommentsClose CommentsPermalink





`585. Exceptions: Relief from disabilities.CommentsClose CommentsPermalink





`586. Remedy for erroneous denial of firearm.CommentsClose CommentsPermalink





`587. Rules and regulations.CommentsClose CommentsPermalink





`588. Interstate transportation of firearms.CommentsClose CommentsPermalink





`589. Carrying of concealed firearms by qualified law enforcement officers.CommentsClose CommentsPermalink





`590. Carrying of concealed firearms by qualified retired law enforcement officers.CommentsClose CommentsPermalink





`591. Effect on State law.CommentsClose CommentsPermalink





`592. Use of restricted ammunition.CommentsClose CommentsPermalink





`593. Possession of firearms and dangerous weapons in Federal facilities.CommentsClose CommentsPermalink





`594. Prohibition on purchase, ownership, or possession of body armor by violent felons.CommentsClose CommentsPermalink

`Sec. 581. Definitions

`For the purposes of this subchapter--CommentsClose CommentsPermalink





`(1) The term `firearm' means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.CommentsClose CommentsPermalink





`(2) The term `destructive device' means--CommentsClose CommentsPermalink





`(A) any explosive, incendiary, or poison gas--CommentsClose CommentsPermalink





`(i) bomb,CommentsClose CommentsPermalink





`(ii) grenade,CommentsClose CommentsPermalink





`(iii) rocket having a propellant charge of more than four ounces,CommentsClose CommentsPermalink





`(iv) missile having an explosive or incendiary charge of more than one-quarter ounce,CommentsClose CommentsPermalink





`(v) mine, orCommentsClose CommentsPermalink





`(vi) device similar to any of the devices described in the preceding clauses;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





Such term does not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of title 10; or any other device which the Attorney General finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting, recreational or cultural purposes.CommentsClose CommentsPermalink





`(3) The term `shotgun' means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.CommentsClose CommentsPermalink





`(4) The term `short-barreled shotgun' means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modification or otherwise) if such a weapon as modified has an overall length of less than twenty-six inches.CommentsClose CommentsPermalink





`(5) The term `rifle' means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger.CommentsClose CommentsPermalink





`(6) The term `short-barreled rifle' means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.CommentsClose CommentsPermalink





`(7) The term `importer' means any person engaged in the business of importing or bringing firearms or ammunition into the United States for purposes of sale or distribution; and the term `licensed importer' means any such person licensed under the provisions of this chapter.CommentsClose CommentsPermalink





`(8) The term `manufacturer' means any person engaged in the business of manufacturing firearms or ammunition for purposes of sale or distribution; and the term `licensed manufacturer' means any such person licensed under the provisions of this chapter.CommentsClose CommentsPermalink





`(9) The term `dealer' means (A) any person engaged in the business of selling firearms at wholesale or retail, (B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or (C) any person who is a pawnbroker. The term `licensed dealer' means any dealer who is licensed under the provisions of this chapter.CommentsClose CommentsPermalink





`(10) The term `pawnbroker' means any person whose business or occupation includes the taking or receiving, by way of pledge or pawn, of any firearm as security for the payment or repayment of money.CommentsClose CommentsPermalink





`(11) The term `collector' means any person who acquires, holds, or disposes of firearms as curios or relics, as the Attorney General shall by regulation define, and the term `licensed collector' means any such person licensed under the provisions of this chapter.CommentsClose CommentsPermalink





`(12) The term `indictment' includes an indictment or information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted.CommentsClose CommentsPermalink





`(13) The term `fugitive from justice' means any person who has fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding.CommentsClose CommentsPermalink





`(14) The term `antique firearm' means--CommentsClose CommentsPermalink





`(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; orCommentsClose CommentsPermalink





`(B) any replica of any firearm described in subparagraph (A) if such replica--CommentsClose CommentsPermalink





`(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; orCommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(15)(A) The term `ammunition' means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm.CommentsClose CommentsPermalink





`(B) The term `armor piercing ammunition' means--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(16) The term `published ordinance' means a published law of any political subdivision of a State which the Attorney General determines to be relevant to the enforcement of this chapter and which is contained on a list compiled by the Attorney General, which list shall be published in the Federal Register, revised annually, and furnished to each licensee under this chapter.CommentsClose CommentsPermalink





`(17) The term `crime punishable by imprisonment for a term exceeding one year' does not include--CommentsClose CommentsPermalink





`(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, orCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink





`(18) The term `engaged in the business' means--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(19) The term `with the principal objective of livelihood and profit' means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection: Provided, That proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism. For purposes of this paragraph, the term `terrorism' means activity, directed against United States persons, which--CommentsClose CommentsPermalink





`(A) is committed by an individual who is not a national or permanent resident alien of the United States;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(C) is intended--CommentsClose CommentsPermalink





`(i) to intimidate or coerce a civilian population;CommentsClose CommentsPermalink





`(ii) to influence the policy of a government by intimidation or coercion; orCommentsClose CommentsPermalink





`(iii) to affect the conduct of a government by assassination or kidnapping.CommentsClose CommentsPermalink





`(20) The term `machinegun' has the meaning given such term in section 5845(b) of the National Firearms Act (26 U.S.C. 5845(b)).CommentsClose CommentsPermalink





`(21) The terms `firearm silencer' and `firearm muffler' mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.CommentsClose CommentsPermalink





`(22) The term `school zone' means--CommentsClose CommentsPermalink





`(A) in, or on the grounds of, a public, parochial or private school; orCommentsClose CommentsPermalink





`(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.CommentsClose CommentsPermalink





`(23) The term `school' means a school which provides elementary or secondary education, as determined under State law.CommentsClose CommentsPermalink





`(24) The term `motor vehicle' has the meaning given such term in section 13102 of title 49, United States Code.CommentsClose CommentsPermalink





`(25) The term `semiautomatic rifle' means any repeating rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge.CommentsClose CommentsPermalink





`(26) The term `handgun' means--CommentsClose CommentsPermalink





`(A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand; andCommentsClose CommentsPermalink





`(B) any combination of parts from which a firearm described in subparagraph (A) can be assembled.CommentsClose CommentsPermalink





`(27) The term `intimate partner' means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person.CommentsClose CommentsPermalink





`(28)(A) The term `misdemeanor crime of domestic violence' means an offense that--CommentsClose CommentsPermalink





`(i) is a misdemeanor under Federal, State, or Tribal law; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B)(i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless--CommentsClose CommentsPermalink





`(I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; andCommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(aa) the case was tried by a jury; orCommentsClose CommentsPermalink





`(bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(29) The term `secure gun storage or safety device' means--CommentsClose CommentsPermalink





`(A) a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(30) The term `body armor' means any product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.CommentsClose CommentsPermalink





`(31) A member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located.CommentsClose CommentsPermalink

`Sec. 582. Unlawful acts

`(a) It shall be unlawful--CommentsClose CommentsPermalink





`(1) for any person--CommentsClose CommentsPermalink





`(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; orCommentsClose CommentsPermalink





`(B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce;CommentsClose CommentsPermalink





`(2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that--CommentsClose CommentsPermalink





`(A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector;CommentsClose CommentsPermalink





`(B) this paragraph shall not be held to preclude a licensed importer, licensed manufacturer, or licensed dealer from depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who, pursuant to the provisions of section 1715 of this title, is eligible to receive through the mails pistols, revolvers, and other firearms capable of being concealed on the person, for use in connection with his official duty; andCommentsClose CommentsPermalink





`(C) nothing in this paragraph shall be construed as applying in any manner in the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States differently than it would apply if the District of Columbia, the Commonwealth of Puerto Rico, or the possession were in fact a State of the United States;CommentsClose CommentsPermalink





`(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any fire arm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;CommentsClose CommentsPermalink





`(4) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity;CommentsClose CommentsPermalink





`(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;CommentsClose CommentsPermalink





`(6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter;CommentsClose CommentsPermalink





`(7) for any person to manufacture or import armor piercing ammunition, unless--CommentsClose CommentsPermalink





`(A) the manufacture of such ammunition is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;CommentsClose CommentsPermalink





`(B) the manufacture of such ammunition is for the purpose of exportation; orCommentsClose CommentsPermalink





`(C) the manufacture or importation of such ammunition is for the purpose of testing or experimentation and has been authorized by the Attorney General;CommentsClose CommentsPermalink





`(8) for any manufacturer or importer to sell or deliver armor piercing ammunition, unless such sale or delivery--CommentsClose CommentsPermalink





`(A) is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;CommentsClose CommentsPermalink





`(B) is for the purpose of exportation; orCommentsClose CommentsPermalink





`(C) is for the purpose of testing or experimentation and has been authorized by the Attorney General; andCommentsClose CommentsPermalink





`(9) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State to receive any firearms unless such receipt is for lawful sporting purposes.CommentsClose CommentsPermalink





`(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver--CommentsClose CommentsPermalink





`(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;CommentsClose CommentsPermalink





`(2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance;CommentsClose CommentsPermalink





`(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;CommentsClose CommentsPermalink





`(4) to any person any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity; andCommentsClose CommentsPermalink





`(5) any firearm or armor-piercing ammunition to any person unless the licensee notes in his records, required to be kept pursuant to section 923 of this chapter, the name, age, and place of residence of such person if the person is an individual, or the identity and principal and local places of business of such person if the person is a corporation or other business entity.CommentsClose CommentsPermalink





Paragraphs (1), (2), (3), and (4) of this subsection shall not apply to transactions between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors. Paragraph (4) of this subsection shall not apply to a sale or delivery to any research organization designated by the Attorney General.CommentsClose CommentsPermalink





`(c) In any case not otherwise prohibited by this chapter, a licensed importer, licensed manufacturer, or licensed dealer may sell a firearm to a person who does not appear in person at the licensee's business premises (other than another licensed importer, manufacturer, or dealer) only if--CommentsClose CommentsPermalink





`(1) the transferee submits to the transferor a sworn statement in the following form:CommentsClose CommentsPermalink





`Subject to penalties provided by law, I swear that, in the case of any firearm other than a shotgun or a rifle, I am twenty-one years or more of age, or that, in the case of a shotgun or a rifle, I am eighteen years or more of age; that I am not prohibited by the provisions of chapter 44 of title 18, United States Code, from receiving a firearm in interstate or foreign commerce; and that my receipt of this firearm will not be in violation of any statute of the State and published ordinance applicable to the locality in which I reside. Further, the true title, name, and address of the principal law enforcement officer of the locality to which the firearm will be delivered are -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Signature -- -- -- -- -- -- -- -- -- -- Date -- -- -- --.' and containing blank spaces for the attachment of a true copy of any permit or other information required pursuant to such statute or published ordinance;CommentsClose CommentsPermalink





`(2) the transferor has, prior to the shipment or delivery of the firearm, forwarded by registered or certified mail (return receipt requested) a copy of the sworn statement, together with a description of the firearm, in a form prescribed by the Attorney General, to the chief law enforcement officer of the transferee's place of residence, and has received a return receipt evidencing delivery of the statement or has had the statement returned due to the refusal of the named addressee to accept such letter in accordance with United States Post Office Department regulations; andCommentsClose CommentsPermalink





`(3) the transferor has delayed shipment or delivery for a period of at least seven days following receipt of the notification of the acceptance or refusal of delivery of the statement.CommentsClose CommentsPermalink





A copy of the sworn statement and a copy of the notification to the local law enforcement officer, together with evidence of receipt or rejection of that notification shall be retained by the licensee as a part of the records required to be kept under section 923(g).CommentsClose CommentsPermalink





`(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person--CommentsClose CommentsPermalink





`(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;CommentsClose CommentsPermalink





`(2) is a fugitive from justice;CommentsClose CommentsPermalink





`(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));CommentsClose CommentsPermalink





`(4) has been adjudicated as a mental defective or has been committed to any mental institution;CommentsClose CommentsPermalink





`(5) is an alien and--CommentsClose CommentsPermalink





`(A) is illegally or unlawfully in the United States; orCommentsClose CommentsPermalink





`(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));CommentsClose CommentsPermalink





`(6) has been discharged from the Armed Forces under dishonorable conditions;CommentsClose CommentsPermalink





`(7) was a citizen of the United States, and has renounced that citizenship;CommentsClose CommentsPermalink





`(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that--CommentsClose CommentsPermalink





`(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; andCommentsClose CommentsPermalink





`(B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; orCommentsClose CommentsPermalink





`(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; orCommentsClose CommentsPermalink





`(9) has been convicted in any court of a misdemeanor crime of domestic violence.CommentsClose CommentsPermalink





This subsection does not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 585 is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 585.CommentsClose CommentsPermalink





`(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.CommentsClose CommentsPermalink





`(f)(1) It shall be unlawful for any common or contract carrier to transport or deliver in interstate or foreign commerce any firearm or ammunition with knowledge or reasonable cause to believe that the shipment transportation, or receipt thereof would be in violation of this chapter.CommentsClose CommentsPermalink





`(2) It shall be unlawful for any common or contract carrier to deliver in interstate or foreign commerce any firearm without obtaining written acknowledgement of receipt from the recipient of the package or other container in which there is a firearm.CommentsClose CommentsPermalink





`(g) It shall be unlawful for any person--CommentsClose CommentsPermalink





`(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;CommentsClose CommentsPermalink





`(2) who is a fugitive from justice;CommentsClose CommentsPermalink





`(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));CommentsClose CommentsPermalink





`(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;CommentsClose CommentsPermalink





`(5) who, being an alien--CommentsClose CommentsPermalink





`(A) is illegally or unlawfully in the United States; orCommentsClose CommentsPermalink





`(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));CommentsClose CommentsPermalink





`(6) who has been discharged from the Armed Forces under dishonorable conditions;CommentsClose CommentsPermalink





`(7) who, having been a citizen of the United States, has renounced his citizenship;CommentsClose CommentsPermalink





`(8) who is subject to a court order that--CommentsClose CommentsPermalink





`(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;CommentsClose CommentsPermalink





`(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; andCommentsClose CommentsPermalink





`(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; orCommentsClose CommentsPermalink





`(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; orCommentsClose CommentsPermalink





`(9) who has been convicted in any court of a misdemeanor crime of domestic violence,CommentsClose CommentsPermalink





to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.CommentsClose CommentsPermalink





`(h) It shall be unlawful for any individual, who to that individual's knowledge and while being employed for any person described in any paragraph of subsection (g) of this section, in the course of such employment--CommentsClose CommentsPermalink





`(1) to receive, possess, or transport any firearm or ammunition in or affecting interstate or foreign commerce; orCommentsClose CommentsPermalink





`(2) to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.CommentsClose CommentsPermalink





`(i) It shall be unlawful for any person to transport or ship in interstate or foreign commerce, any stolen firearms or stolen ammunition, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.CommentsClose CommentsPermalink





`(j) It shall be unlawful for any person to receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a loan any stolen firearm or stolen ammunition, which is moving as, which is a part of, which constitutes, or which has been shipped or transported in, interstate or foreign commerce, either before or after it was stolen, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.CommentsClose CommentsPermalink





`(k) It shall be unlawful for any person knowingly to transport, ship, or receive, in interstate or foreign commerce, any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered or to possess or receive any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce.CommentsClose CommentsPermalink





`(l) Except as provided in section 585(d), it shall be unlawful for any person knowingly to import or bring into the United States or any possession thereof any firearm or ammunition; and it shall be unlawful for any person knowingly to receive any firearm or ammunition which has been imported or brought into the United States or any possession thereof in violation of the provisions of this chapter.CommentsClose CommentsPermalink





`(m) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector knowingly to make any false entry in, to fail to make appropriate entry in, or to fail to properly maintain, any record which he is required to keep pursuant to section 583 or regulations promulgated thereunder.CommentsClose CommentsPermalink





`(n) It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.CommentsClose CommentsPermalink





`(o)(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.CommentsClose CommentsPermalink





`(2) This subsection does not apply with respect to--CommentsClose CommentsPermalink





`(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; orCommentsClose CommentsPermalink





`(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.CommentsClose CommentsPermalink





`(p)(1) It shall be unlawful for any person to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm--CommentsClose CommentsPermalink





`(A) that, after removal of grips, stocks, and magazines, is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar; orCommentsClose CommentsPermalink





`(B) any major component of which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other compounds may be used in the fabrication of the component.CommentsClose CommentsPermalink





`(2) For purposes of this subsection--CommentsClose CommentsPermalink





`(A) the term `firearm' does not include the frame or receiver of any such weapon;CommentsClose CommentsPermalink





`(B) the term `major component' means, with respect to a firearm, the barrel, the slide or cylinder, or the frame or receiver of the firearm; andCommentsClose CommentsPermalink





`(C) the term `Security Exemplar' means an object, to be fabricated at the direction of the Attorney General, that is--CommentsClose CommentsPermalink





`(i) constructed of, during the 12-month period beginning on the date of the enactment of this subsection, 3.7 ounces of material type 17-4 PH stainless steel in a shape resembling a handgun; andCommentsClose CommentsPermalink





`(ii) suitable for testing and calibrating metal detectors: Provided, however, That at the close of such 12-month period, andCommentsClose CommentsPermalink





at appropriate times thereafter the Attorney General shall promulgate regulations to permit the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of firearms previously prohibited under this subparagraph that are as detectable as a `Security Exemplar' which contains 3.7 ounces of material type 17-4 PH stainless steel, in a shape resembling a handgun, or such lesser amount as is detectable in view of advances in state-of-the-art developments in weapons detection technology.CommentsClose CommentsPermalink





`(3) Under such rules and regulations as the Attorney General shall prescribe, this subsection shall not apply to the manufacture, possession, transfer, receipt, shipment, or delivery of a firearm by a licensed manufacturer or any person acting pursuant to a contract with a licensed manufacturer, for the purpose of examining and testing such firearm to determine whether paragraph (1) applies to such firearm. The Attorney General shall ensure that rules and regulations adopted pursuant to this paragraph do not impair the manufacture of prototype firearms or the development of new technology.CommentsClose CommentsPermalink





`(4) The Attorney General shall permit the conditional importation of a firearm by a licensed importer or licensed manufacturer, for examination and testing to determine whether or not the unconditional importation of such firearm would violate this subsection.CommentsClose CommentsPermalink





`(5) This subsection shall not apply to any firearm which--CommentsClose CommentsPermalink





`(A) has been certified by the Secretary of Defense or the Director of Central Intelligence, after consultation with the Attorney General and the Administrator of the Federal Aviation Administration, as necessary for military or intelligence applications; andCommentsClose CommentsPermalink





`(B) is manufactured for and sold exclusively to military or intelligence agencies of the United States.CommentsClose CommentsPermalink





`(6) This subsection shall not apply with respect to any firearm manufactured in, imported into, or possessed in the United States before the date of the enactment of the Undetectable Firearms Act of 1988.CommentsClose CommentsPermalink





`(q)(1) The Congress finds and declares that--CommentsClose CommentsPermalink





`(A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem;CommentsClose CommentsPermalink





`(B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs;CommentsClose CommentsPermalink





`(C) firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate;CommentsClose CommentsPermalink





`(D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce;CommentsClose CommentsPermalink





`(E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason;CommentsClose CommentsPermalink





`(F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country;CommentsClose CommentsPermalink





`(G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States;CommentsClose CommentsPermalink





`(H) States, localities, and school systems find it almost impossible to handle gun-related crime by themselves--even States, localities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures; andCommentsClose CommentsPermalink





`(I) the Congress has the power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to ensure the integrity and safety of the Nation's schools by enactment of this subsection.CommentsClose CommentsPermalink





`(2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.CommentsClose CommentsPermalink





`(B) Subparagraph (A) does not apply to the possession of a firearm--CommentsClose CommentsPermalink





`(i) on private property not part of school grounds;CommentsClose CommentsPermalink





`(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;CommentsClose CommentsPermalink





`(iii) that is--CommentsClose CommentsPermalink





`(I) not loaded; andCommentsClose CommentsPermalink





`(II) in a locked container, or a locked firearms rack that is on a motor vehicle;CommentsClose CommentsPermalink





`(II) in a locked container, or a locked firearms rack that is on a motor vehicle;CommentsClose CommentsPermalink





`(iv) by an individual for use in a program approved by a school in the school zone;CommentsClose CommentsPermalink





`(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;CommentsClose CommentsPermalink





`(vi) by a law enforcement officer acting in his or her official capacity; orCommentsClose CommentsPermalink





`(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.CommentsClose CommentsPermalink





`(3)(A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone.CommentsClose CommentsPermalink





`(B) Subparagraph (A) does not apply to the discharge of a firearm--CommentsClose CommentsPermalink





`(i) on private property not part of school grounds;CommentsClose CommentsPermalink





`(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;CommentsClose CommentsPermalink





`(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; orCommentsClose CommentsPermalink





`(iv) by a law enforcement officer acting in his or her official capacity.CommentsClose CommentsPermalink





`(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.CommentsClose CommentsPermalink





`(r) It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under section 585(d)(3) as not being particularly suitable for or readily adaptable to sporting purposes except that this subsection shall not apply to--CommentsClose CommentsPermalink





`(1) the assembly of any such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof; orCommentsClose CommentsPermalink





`(2) the assembly of any such rifle or shotgun for the purposes of testing or experimentation authorized by the Attorney General.CommentsClose CommentsPermalink





`(s)(1) Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun (other than the return of a handgun to the person from whom it was received) to an individual who is not licensed under section 583, unless--CommentsClose CommentsPermalink





`(A) after the most recent proposal of such transfer by the transferee--CommentsClose CommentsPermalink





`(i) the transferor has--CommentsClose CommentsPermalink





`(I) received from the transferee a statement of the transferee containing the information described in paragraph (3);CommentsClose CommentsPermalink





`(II) verified the identity of the transferee by examining the identification document presented;CommentsClose CommentsPermalink





`(III) within 1 day after the transferee furnishes the statement, provided notice of the contents of the statement to the chief law enforcement officer of the place of residence of the transferee; andCommentsClose CommentsPermalink





`(IV) within 1 day after the transferee furnishes the statement, transmitted a copy of the statement to the chief law enforcement officer of the place of residence of the transferee; andCommentsClose CommentsPermalink





`(ii)(I) 5 business days (meaning days on which State offices are open) have elapsed from the date the transferor furnished notice of the contents of the statement to the chief law enforcement officer, during which period the transferor has not received information from the chief law enforcement officer that receipt or possession of the handgun by the transferee would be in violation of Federal, State, or local law; orCommentsClose CommentsPermalink





`(II) the transferor has received notice from the chief law enforcement officer that the officer has no information indicating that receipt or possession of the handgun by the transferee would violate Federal, State, or local law;CommentsClose CommentsPermalink





`(B) the transferee has presented to the transferor a written statement, issued by the chief law enforcement officer of the place of residence of the transferee during the 10-day period ending on the date of the most recent proposal of such transfer by the transferee, stating that the transferee requires access to a handgun because of a threat to the life of the transferee or of any member of the household of the transferee;CommentsClose CommentsPermalink





`(C)(i) the transferee has presented to the transferor a permit that--CommentsClose CommentsPermalink





`(I) allows the transferee to possess or acquire a handgun; andCommentsClose CommentsPermalink





`(II) was issued not more than 5 years earlier by the State in which the transfer is to take place; andCommentsClose CommentsPermalink





`(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of the law;CommentsClose CommentsPermalink





`(D) the law of the State requires that, before any licensed importer, licensed manufacturer, or licensed dealer completes the transfer of a handgun to an individual who is not licensed under section 583, an authorized government official verify that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of law;CommentsClose CommentsPermalink





`(E) the Attorney General has approved the transfer under section 5812 of the Internal Revenue Code of 1986; orCommentsClose CommentsPermalink





`(F) on application of the transferor, the Attorney General has certified that compliance with subparagraph (A)(i)(III) is impracticable because--CommentsClose CommentsPermalink





`(i) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025;CommentsClose CommentsPermalink





`(ii) the business premises of the transferor at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer; andCommentsClose CommentsPermalink





`(iii) there is an absence of telecommunications facilities in the geographical area in which the business premises are located.CommentsClose CommentsPermalink





`(2) A chief law enforcement officer to whom a transferor has provided notice pursuant to paragraph (1)(A)(i)(III) shall make a reasonable effort to ascertain within 5 business days whether receipt or possession would be in violation of the law, including research in whatever State and local recordkeeping systems are available and in a national system designated by the Attorney General.CommentsClose CommentsPermalink





`(3) The statement referred to in paragraph (1)(A)(i)(I) shall contain only--CommentsClose CommentsPermalink





`(A) the name, address, and date of birth appearing on a valid identification document (as defined in section 1028(d)(1) of the transferee containing a photograph of the transferee and a description of the identification used;CommentsClose CommentsPermalink





`(B) a statement that the transferee--CommentsClose CommentsPermalink





`(i) is not under indictment for, and has not been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year, and has not been convicted in any court of a misdemeanor crime of domestic violence;CommentsClose CommentsPermalink





`(ii) is not a fugitive from justice;CommentsClose CommentsPermalink





`(iii) is not an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act);CommentsClose CommentsPermalink





`(iv) has not been adjudicated as a mental defective or been committed to a mental institution;CommentsClose CommentsPermalink





`(v) is not an alien who--CommentsClose CommentsPermalink





`(I) is illegally or unlawfully in the United States; orCommentsClose CommentsPermalink





`(II) subject to subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));CommentsClose CommentsPermalink





`(vi) has not been discharged from the Armed Forces under dishonorable conditions; andCommentsClose CommentsPermalink





`(vii) is not a person who, having been a citizen of the United States, has renounced such citizenship;CommentsClose CommentsPermalink





`(C) the date the statement is made; andCommentsClose CommentsPermalink





`(D) notice that the transferee intends to obtain a handgun from the transferor.CommentsClose CommentsPermalink





`(4) Any transferor of a handgun who, after such transfer, receives a report from a chief law enforcement officer containing information that receipt or possession of the handgun by the transferee violates Federal, State, or local law shall, within 1 business day after receipt of such request, communicate any information related to the transfer that the transferor has about the transfer and the transferee to--CommentsClose CommentsPermalink





`(A) the chief law enforcement officer of the place of business of the transferor; andCommentsClose CommentsPermalink





`(B) the chief law enforcement officer of the place of residence of the transferee.CommentsClose CommentsPermalink





`(5) Any transferor who receives information, not otherwise available to the public, in a report under this subsection shall not disclose such information except to the transferee, to law enforcement authorities, or pursuant to the direction of a court of law.CommentsClose CommentsPermalink





`(6)(A) Any transferor who sells, delivers, or otherwise transfers a handgun to a transferee shall retain the copy of the statement of the transferee with respect to the handgun transaction, and shall retain evidence that the transferor has complied with subclauses (III) and (IV) of paragraph (1)(A)(i) with respect to the statement.CommentsClose CommentsPermalink





`(B) Unless the chief law enforcement officer to whom a statement is transmitted under paragraph (1)(A)(i)(IV) determines that a transaction would violate Federal, State, or local law--CommentsClose CommentsPermalink





`(i) the officer shall, within 20 business days after the date the transferee made the statement on the basis of which the notice was provided, destroy the statement, any record containing information derived from the statement, and any record created as a result of the notice required by paragraph (1)(A)(i)(III);CommentsClose CommentsPermalink





`(ii) the information contained in the statement shall not be conveyed to any person except a person who has a need to know in order to carry out this subsection; andCommentsClose CommentsPermalink





`(iii) the information contained in the statement shall not be used for any purpose other than to carry out this subsection.CommentsClose CommentsPermalink





`(C) If a chief law enforcement officer determines that an individual is ineligible to receive a handgun and the individual requests the officer to provide the reason for such determination, the officer shall provide such reasons to the individual in writing within 20 business days after receipt of the request.CommentsClose CommentsPermalink





`(7) A chief law enforcement officer or other person responsible for providing criminal history background information pursuant to this subsection shall not be liable in an action at law for damages--CommentsClose CommentsPermalink





`(A) for failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under this section; orCommentsClose CommentsPermalink





`(B) for preventing such a sale or transfer to a person who may lawfully receive or possess a handgun.CommentsClose CommentsPermalink





`(8) For purposes of this subsection, the term `chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual.CommentsClose CommentsPermalink





`(9) The Attorney General shall take necessary actions to ensure that the provisions of this subsection are published and disseminated to licensed dealers, law enforcement officials, and the public.CommentsClose CommentsPermalink





`(t)(1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless--CommentsClose CommentsPermalink





`(A) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under section 103 of that Act;CommentsClose CommentsPermalink





`(B)(i) the system provides the licensee with a unique identification number; orCommentsClose CommentsPermalink





`(ii) 3 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section; andCommentsClose CommentsPermalink





`(C) the transferor has verified the identity of the transferee by examining a valid identification document (as defined in section 1028(d) of this title) of the transferee containing a photograph of the transferee.CommentsClose CommentsPermalink





`(2) If receipt of a firearm would not violate subsection (g) or (n) or State law, the system shall--CommentsClose CommentsPermalink





`(A) assign a unique identification number to the transfer;CommentsClose CommentsPermalink





`(B) provide the licensee with the number; andCommentsClose CommentsPermalink





`(C) destroy all records of the system with respect to the call (other than the identifying number and the date the number was assigned) and all records of the system relating to the person or the transfer.CommentsClose CommentsPermalink





`(3) Paragraph (1) shall not apply to a firearm transfer between a licensee and another person if--CommentsClose CommentsPermalink





`(A)(i) such other person has presented to the licensee a permit that--CommentsClose CommentsPermalink





`(I) allows such other person to possess or acquire a firearm; andCommentsClose CommentsPermalink





`(II) was issued not more than 5 years earlier by the State in which the transfer is to take place; andCommentsClose CommentsPermalink





`(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law;CommentsClose CommentsPermalink





`(B) the Attorney General has approved the transfer under section 5812 of the Internal Revenue Code of 1986; orCommentsClose CommentsPermalink





`(C) on application of the transferor, the Attorney General has certified that compliance with paragraph (1)(A) is impracticable because--CommentsClose CommentsPermalink





`(i) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025;CommentsClose CommentsPermalink





`(ii) the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer (as defined in subsection (s)(8)); andCommentsClose CommentsPermalink





`(iii) there is an absence of telecommunications facilities in the geographical area in which the business premises are located.CommentsClose CommentsPermalink





`(4) If the national instant criminal background check system notifies the licensee that the information available to the system does not demonstrate that the receipt of a firearm by such other person would violate subsection (g) or (n) or State law, and the licensee transfers a firearm to such other person, the licensee shall include in the record of the transfer the unique identification number provided by the system with respect to the transfer.CommentsClose CommentsPermalink





`(5) If the licensee knowingly transfers a firearm to such other person and knowingly fails to comply with paragraph (1) of this subsection with respect to the transfer and, at the time such other person most recently proposed the transfer, the national instant criminal background check system was operating and information was available to the system demonstrating that receipt of a firearm by such other person would violate subsection (g) or (n) of this section or State law, the Attorney General may, after notice and opportunity for a hearing, suspend for not more than 6 months or revoke any license issued to the licensee under section 583, and may impose on the licensee a civil fine of not more than $5,000.CommentsClose CommentsPermalink





`(6) Neither a local government nor an employee of the Federal Government or of any State or local government, responsible for providing information to the national instant criminal background check system shall be liable in an action at law for damages--CommentsClose CommentsPermalink





`(A) for failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful under this section; orCommentsClose CommentsPermalink





`(B) for preventing such a sale or transfer to a person who may lawfully receive or possess a firearm.CommentsClose CommentsPermalink





`(u) It shall be unlawful for a person to steal or unlawfully take or carry away from the person or the premises of a person who is licensed to engage in the business of importing, manufacturing, or dealing in firearms, any firearm in the licensee's business inventory that has been shipped or transported in interstate or foreign commerce.CommentsClose CommentsPermalink





`(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile--CommentsClose CommentsPermalink





`(A) a handgun; orCommentsClose CommentsPermalink





`(B) ammunition that is suitable for use only in a handgun.CommentsClose CommentsPermalink





`(2) It shall be unlawful for any person who is a juvenile to knowingly possess--CommentsClose CommentsPermalink





`(A) a handgun; orCommentsClose CommentsPermalink





`(B) ammunition that is suitable for use only in a handgun.CommentsClose CommentsPermalink





`(3) This subsection does not apply to--CommentsClose CommentsPermalink





`(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile--CommentsClose CommentsPermalink





`(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;CommentsClose CommentsPermalink





`(ii) with the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except--CommentsClose CommentsPermalink





`(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; orCommentsClose CommentsPermalink





`(II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile's parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm; orCommentsClose CommentsPermalink





`(iii) the juvenile has the prior written consent in the juvenile's possession at all times when a handgun is in the possession of the juvenile; andCommentsClose CommentsPermalink





`(iv) in accordance with State and local law;CommentsClose CommentsPermalink





`(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;CommentsClose CommentsPermalink





`(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; orCommentsClose CommentsPermalink





`(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.CommentsClose CommentsPermalink





`(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.CommentsClose CommentsPermalink





`(5) For purposes of this subsection, the term `juvenile' means a person who is less than 18 years of age.CommentsClose CommentsPermalink





`(6)(A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant's parent or legal guardian at all proceedings.CommentsClose CommentsPermalink





`(B) The court may use the contempt power to enforce subparagraph (A).CommentsClose CommentsPermalink





`(C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown.CommentsClose CommentsPermalink





`(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas-CommentsClose CommentsPermalink





`(1) Definitions- In this subsection--CommentsClose CommentsPermalink





`(A) the term `alien' has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)); andCommentsClose CommentsPermalink





`(B) the term `nonimmigrant visa' has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)).CommentsClose CommentsPermalink





`(2) Exceptions- Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is--CommentsClose CommentsPermalink





`(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;CommentsClose CommentsPermalink





`(B) an official representative of a foreign government who is--CommentsClose CommentsPermalink





`(i) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States; orCommentsClose CommentsPermalink





`(ii) en route to or from another country to which that alien is accredited;CommentsClose CommentsPermalink





`(C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; orCommentsClose CommentsPermalink





`(D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.CommentsClose CommentsPermalink





`(3) Waiver-CommentsClose CommentsPermalink





`(A) Conditions for waiver- Any individual who has been admitted to the United States under a nonimmigrant visa may receive a waiver from the requirements of subsection (g)(5), if--CommentsClose CommentsPermalink





`(i) the individual submits to the Attorney General a petition that meets the requirements of subparagraph (C); andCommentsClose CommentsPermalink





`(ii) the Attorney General approves the petition.CommentsClose CommentsPermalink





`(B) Petition- Each petition under subparagraph (B) shall--CommentsClose CommentsPermalink





`(i) demonstrate that the petitioner has resided in the United States for a continuous period of not less than 180 days before the date on which the petition is submitted under this paragraph; andCommentsClose CommentsPermalink





`(ii) include a written statement from the embassy or consulate of the petitioner, authorizing the petitioner to acquire a firearm or ammunition and certifying that the alien would not, absent the application of subsection (g)(5)(B), otherwise be prohibited from such acquisition under subsection (g).CommentsClose CommentsPermalink





`(C) Approval of petition- The Attorney General shall approve a petition submitted in accordance with this paragraph, if the Attorney General determines that waiving the requirements of subsection (g)(5)(B) with respect to the petitioner--CommentsClose CommentsPermalink





`(i) would be in the interests of justice; andCommentsClose CommentsPermalink





`(ii) would not jeopardize the public safety.CommentsClose CommentsPermalink





`(z) Secure Gun Storage or Safety Device-CommentsClose CommentsPermalink





`(1) IN GENERAL- Except as provided under paragraph (2), it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than any person licensed under this chapter, unless the transferee is provided with a secure gun storage or safety device (as defined in section 921(a)(34)) for that handgun.CommentsClose CommentsPermalink





`(2) EXCEPTIONS- Paragraph (1) shall not apply to--CommentsClose CommentsPermalink





`(A)(i) the manufacture for, transfer to, or possession by, the United States, a department or agency of the United States, a State, or a department, agency, or political subdivision of a State, of a handgun; orCommentsClose CommentsPermalink





`(ii) the transfer to, or possession by, a law enforcement officer employed by an entity referred to in clause (i) of a handgun for law enforcement purposes (whether on or off duty); orCommentsClose CommentsPermalink





`(B) the transfer to, or possession by, a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State of a handgun for purposes of law enforcement (whether on or off duty);CommentsClose CommentsPermalink





`(C) the transfer to any person of a handgun listed as a curio or relic by the Secretary pursuant to section 921(a)(13); orCommentsClose CommentsPermalink





`(D) the transfer to any person of a handgun for which a secure gun storage or safety device is temporarily unavailable for the reasons described in the exceptions stated in section 923(e), if the licensed manufacturer, licensed importer, or licensed dealer delivers to the transferee within 10 calendar days from the date of the delivery of the handgun to the transferee a secure gun storage or safety device for the handgun.CommentsClose CommentsPermalink





`(3) LIABILITY FOR USE-CommentsClose CommentsPermalink





`(A) IN GENERAL- Notwithstanding any other provision of law, a person who has lawful possession and control of a handgun, and who uses a secure gun storage or safety device with the handgun, shall be entitled to immunity from a qualified civil liability action.CommentsClose CommentsPermalink





`(B) PROSPECTIVE ACTIONS- A qualified civil liability action may not be brought in any Federal or State court.CommentsClose CommentsPermalink





`(C) DEFINED TERM- As used in this paragraph, the term `qualified civil liability action'--CommentsClose CommentsPermalink





`(i) means a civil action brought by any person against a person described in subparagraph (A) for damages resulting from the criminal or unlawful misuse of the handgun by a third party, if--CommentsClose CommentsPermalink





`(I) the handgun was accessed by another person who did not have the permission or authorization of the person having lawful possession and control of the handgun to have access to it; andCommentsClose CommentsPermalink





`(II) at the time access was gained by the person not so authorized, the handgun had been made inoperable by use of a secure gun storage or safety device; andCommentsClose CommentsPermalink





`(ii) shall not include an action brought against the person having lawful possession and control of the handgun for negligent entrustment or negligence per se.CommentsClose CommentsPermalink

`Sec. 583. Licensing

`(a) No person shall engage in the business of importing, manufacturing, or dealing in firearms, or importing or manufacturing ammunition, until he has filed an application with and received a license to do so from the Attorney General. The application shall be in such form and contain only that information necessary to determine eligibility for licensing as the Attorney General shall by regulation prescribe and shall include a photograph and fingerprints of the applicant. Each applicant shall pay a fee for obtaining such a license, a separate fee being required for each place in which the applicant is to do business, as follows:CommentsClose CommentsPermalink





`(1) If the applicant is a manufacturer--CommentsClose CommentsPermalink





`(A) of destructive devices, ammunition for destructive devices or armor piercing ammunition, a fee of $1,000 per year;CommentsClose CommentsPermalink





`(B) of firearms other than destructive devices, a fee of $50 per year; orCommentsClose CommentsPermalink





`(C) of ammunition for firearms, other than ammunition for destructive devices or armor piercing ammunition, a fee of $10 per year.CommentsClose CommentsPermalink





`(2) If the applicant is an importer--CommentsClose CommentsPermalink





`(A) of destructive devices, ammunition for destructive devices or armor piercing ammunition, a fee of $1,000 per year; orCommentsClose CommentsPermalink





`(B) of firearms other than destructive devices or ammunition for firearms other than destructive devices, or ammunition other than armor piercing ammunition, a fee of $50 per year.CommentsClose CommentsPermalink





`(3) If the applicant is a dealer--CommentsClose CommentsPermalink





`(A) in destructive devices or ammunition for destructive devices, a fee of $1,000 per year; orCommentsClose CommentsPermalink





`(B) who is not a dealer in destructive devices, a fee of $200 for 3 years, except that the fee for renewal of a valid license shall be $90 for 3 years.CommentsClose CommentsPermalink





`(b) Any person desiring to be licensed as a collector shall file an application for such license with the Attorney General. The application shall be in such form and contain only that information necessary to determine eligibility as the Attorney General shall by regulation prescribe. The fee for such license shall be $10 per year. Any license granted under this subsection shall only apply to transactions in curios and relics.CommentsClose CommentsPermalink





`(c) Upon the filing of a proper application and payment of the prescribed fee, the Attorney General shall issue to a qualified applicant the appropriate license which, subject to the provisions of this chapter and other applicable provisions of law, shall entitle the licensee to transport, ship, and receive firearms and ammunition covered by such license in interstate or foreign commerce during the period stated in the license. Nothing in this chapter shall be construed to prohibit a licensed manufacturer, importer, or dealer from maintaining and disposing of a personal collection of firearms, subject only to such restrictions as apply in this chapter to dispositions by a person other than a licensed manufacturer, importer, or dealer. If any firearm is so disposed of by a licensee within one year after its transfer from his business inventory into such licensee's personal collection or if such disposition or any other acquisition is made for the purpose of willfully evading the restrictions placed upon licensees by this chapter, then such firearm shall be deemed part of such licensee's business inventory, except that any licensed manufacturer, importer, or dealer who has maintained a firearm as part of a personal collection for one year and who sells or otherwise disposes of such firearm shall record the description of the firearm in a bound volume, containing the name and place of residence and date of birth of the transferee if the transferee is an individual, or the identity and principal and local places of business of the transferee if the transferee is a corporation or other business entity: Provided, That no other recordkeeping shall be required.CommentsClose CommentsPermalink





`(d)(1) Any application submitted under subsection (a) or (b) of this section shall be approved if--CommentsClose CommentsPermalink





`(A) the applicant is twenty-one years of age or over;CommentsClose CommentsPermalink





`(B) the applicant (including, in the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce under section 582(g) and (n);CommentsClose CommentsPermalink





`(C) the applicant has not willfully violated any of the provisions of this chapter or regulations issued thereunder;CommentsClose CommentsPermalink





`(D) the applicant has not willfully failed to disclose any material information required, or has not made any false statement as to any material fact, in connection with his application;CommentsClose CommentsPermalink





`(E) the applicant has in a State (i) premises from which he conducts business subject to license under this chapter or from which he intends to conduct such business within a reasonable period of time, or (ii) in the case of a collector, premises from which he conducts his collecting subject to license under this chapter or from which he intends to conduct such collecting within a reasonable period of time;CommentsClose CommentsPermalink





`(F) the applicant certifies that--CommentsClose CommentsPermalink





`(i) the business to be conducted under the license is not prohibited by State or local law in the place where the licensed premise is located;CommentsClose CommentsPermalink





`(ii)(I) within 30 days after the application is approved the business will comply with the requirements of State and local law applicable to the conduct of the business; andCommentsClose CommentsPermalink





`(II) the business will not be conducted under the license until the requirements of State and local law applicable to the business have been met; andCommentsClose CommentsPermalink





`(iii) that the applicant has sent or delivered a form to be prescribed by the Attorney General, to the chief law enforcement officer of the locality in which the premises are located, which indicates that the applicant intends to apply for a Federal firearms license; andCommentsClose CommentsPermalink





`(G) in the case of an application to be licensed as a dealer, the applicant certifies that secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees (subject to the exception that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, the dealer shall not be considered to be in violation of the requirement under this subparagraph to make available such a device).CommentsClose CommentsPermalink





`(2) The Attorney General must approve or deny an application for a license within the 60-day period beginning on the date it is received. If the Attorney General fails to act within such period, the applicant may file an action under section 1361 of title 28 to compel the Attorney General to act. If the Attorney General approves an applicant's application, such applicant shall be issued a license upon the payment of the prescribed fee.CommentsClose CommentsPermalink





`(e) The Attorney General may, after notice and opportunity for hearing, revoke any license issued under this section if the holder of such license has willfully violated any provision of this chapter or any rule or regulation prescribed by the Attorney General under this chapter or fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees (except that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, the dealer shall not be considered to be in violation of the requirement to make available such a device). The Attorney General may, after notice and opportunity for hearing, revoke the license of a dealer who willfully transfers armor piercing ammunition. The Attorney General's action under this subsection may be reviewed only as provided in subsection (f) of this section.CommentsClose CommentsPermalink





`(f)(1) Any person whose application for a license is denied and any holder of a license which is revoked shall receive a written notice from the Attorney General stating specifically the grounds upon which the application was denied or upon which the license was revoked. Any notice of a revocation of a license shall be given to the holder of such license before the effective date of the revocation.CommentsClose CommentsPermalink





`(2) If the Attorney General denies an application for, or revokes, a license, he shall, upon request by the aggrieved party, promptly hold a hearing to review his denial or revocation. In the case of a revocation of a license, the Attorney General shall upon the request of the holder of the license stay the effective date of the revocation. A hearing held under this paragraph shall be held at a location convenient to the aggrieved party.CommentsClose CommentsPermalink





`(3) If after a hearing held under paragraph (2) the Attorney General decides not to reverse his decision to deny an application or revoke a license, the Attorney General shall give notice of his decision to the aggrieved party. The aggrieved party may at any time within sixty days after the date notice was given under this paragraph file a petition with the United States district court for the district in which he resides or has his principal place of business for a de novo judicial review of such denial or revocation. In a proceeding conducted under this subsection, the court may consider any evidence submitted by the parties to the proceeding whether or not such evidence was considered at the hearing held under paragraph (2). If the court decides that the Attorney General was not authorized to deny the application or to revoke the license, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court.CommentsClose CommentsPermalink





`(4) If criminal proceedings are instituted against a licensee alleging any violation of this chapter or of rules or regulations prescribed under this chapter, and the licensee is acquitted of such charges, or such proceedings are terminated, other than upon motion of the Government before trial upon such charges, the Attorney General shall be absolutely barred from denying or revoking any license granted under this chapter where such denial or revocation is based in whole or in part on the facts which form the basis of such criminal charges. No proceedings for the revocation of a license shall be instituted by the Attorney General more than one year after the filing of the indictment or information.CommentsClose CommentsPermalink





`(g)(1)(A) Each licensed importer, licensed manufacturer, and licensed dealer shall maintain such records of importation, production, shipment, receipt, sale, or other disposition of firearms at his place of business for such period, and in such form, as the Attorney General may by regulations prescribe. Such importers, manufacturers, and dealers shall not be required to submit to the Attorney General reports and information with respect to such records and the contents thereof, except as expressly required by this section. The Attorney General, when he has reasonable cause to believe a violation of this chapter has occurred and that evidence thereof may be found on such premises, may, upon demonstrating such cause before a Federal magistrate judge and securing from such magistrate judge a warrant authorizing entry, enter during business hours the premises (including places of storage) of any licensed firearms importer, licensed manufacturer, licensed dealer, licensed collector, or any licensed importer or manufacturer of ammunition, for the purpose of inspecting or examining--CommentsClose CommentsPermalink





`(i) any records or documents required to be kept by such licensed importer, licensed manufacturer, licensed dealer, or licensed collector under this chapter or rules or regulations under this chapter, andCommentsClose CommentsPermalink





`(ii) any firearms or ammunition kept or stored by such licensed importer, licensed manufacturer, licensed dealer, or licensed collector, at such premises.CommentsClose CommentsPermalink





`(B) The Attorney General may inspect or examine the inventory and records of a licensed importer, licensed manufacturer, or licensed dealer without such reasonable cause or warrant--CommentsClose CommentsPermalink





`(i) in the course of a reasonable inquiry during the course of a criminal investigation of a person or persons other than the licensee;CommentsClose CommentsPermalink





`(ii) for ensuring compliance with the record keeping requirements of this chapter--CommentsClose CommentsPermalink





`(I) not more than once during any 12-month period; orCommentsClose CommentsPermalink





`(II) at any time with respect to records relating to a firearm involved in a criminal investigation that is traced to the licensee; orCommentsClose CommentsPermalink





`(iii) when such inspection or examination may be required for determining the disposition of one or more particular firearms in the course of a bona fide criminal investigation.CommentsClose CommentsPermalink





`(C) The Attorney General may inspect the inventory and records of a licensed collector without such reasonable cause or warrant--CommentsClose CommentsPermalink





`(i) for ensuring compliance with the record keeping requirements of this chapter not more than once during any twelve-month period; orCommentsClose CommentsPermalink





`(ii) when such inspection or examination may be required for determining the disposition of one or more particular firearms in the course of a bona fide criminal investigation.CommentsClose CommentsPermalink





`(D) At the election of a licensed collector, the annual inspection of records and inventory permitted under this paragraph shall be performed at the office of the Attorney General designated for such inspections which is located in closest proximity to the premises where the inventory and records of such licensed collector are maintained. The inspection and examination authorized by this paragraph shall not be construed as authorizing the Attorney General to seize any records or other documents other than those records or documents constituting material evidence of a violation of law. If the Attorney General seizes such records or documents, copies shall be provided the licensee within a reasonable time. The Attorney General may make available to any Federal, State, or local law enforcement agency any information which he may obtain by reason of this chapter with respect to the identification of persons prohibited from purchasing or receiving firearms or ammunition who have purchased or received firearms or ammunition, together with a description of such firearms or ammunition, and he may provide information to the extent such information may be contained in the records required to be maintained by this chapter, when so requested by any Federal, State, or local law enforcement agency.CommentsClose CommentsPermalink





`(2) Each licensed collector shall maintain in a bound volume the nature of which the Attorney General may by regulations prescribe, records of the receipt, sale, or other disposition of firearms. Such records shall include the name and address of any person to whom the collector sells or otherwise disposes of a firearm. Such collector shall not be required to submit to the Attorney General reports and information with respect to such records and the contents thereof, except as expressly required by this section.CommentsClose CommentsPermalink





`(3)(A) Each licensee shall prepare a report of multiple sales or other dispositions whenever the licensee sells or otherwise disposes of, at one time or during any five consecutive business days, two or more pistols, or revolvers, or any combination of pistols and revolvers totalling two or more, to an unlicensed person. The report shall be prepared on a form specified by the Attorney General and forwarded to the office specified thereon and to the department of State police or State law enforcement agency of the State or local law enforcement agency of the local jurisdiction in which the sale or other disposition took place, not later than the close of business on the day that the multiple sale or other disposition occurs.CommentsClose CommentsPermalink





`(B) Except in the case of forms and contents thereof regarding a purchaser who is prohibited by subsection (g) or (n) of section 582 of this title from receipt of a firearm, the department of State police or State law enforcement agency or local law enforcement agency of the local jurisdiction shall not disclose any such form or the contents thereof to any person or entity, and shall destroy each such form and any record of the contents thereof no more than 20 days from the date such form is received. No later than the date that is 6 months after the effective date of this subparagraph, and at the end of each 6-month period thereafter, the department of State police or State law enforcement agency or local law enforcement agency of the local jurisdiction shall certify to the Attorney General of the United States that no disclosure contrary to this subparagraph has been made and that all forms and any record of the contents thereof have been destroyed as provided in this subparagraph.CommentsClose CommentsPermalink





`(4) Where a firearms or ammunition business is discontinued and succeeded by a new licensee, the records required to be kept by this chapter shall appropriately reflect such facts and shall be delivered to the successor. Where discontinuance of the business is absolute, such records shall be delivered within thirty days after the business discontinuance to the Attorney General. However, where State law or local ordinance requires the delivery of records to other responsible authority, the Attorney General may arrange for the delivery of such records to such other responsible authority.CommentsClose CommentsPermalink





`(5)(A) Each licensee shall, when required by letter issued by the Attorney General, and until notified to the contrary in writing by the Attorney General, submit on a form specified by the Attorney General, for periods and at the times specified in such letter, all record information required to be kept by this chapter or such lesser record information as the Attorney General in such letter may specify.CommentsClose CommentsPermalink





`(B) The Attorney General may authorize such record information to be submitted in a manner other than that prescribed in subparagraph (A) of this paragraph when it is shown by a licensee that an alternate method of reporting is reasonably necessary and will not unduly hinder the effective administration of this chapter. A licensee may use an alternate method of reporting if the licensee describes the proposed alternate method of reporting and the need therefor in a letter application submitted to the Attorney General, and the Attorney General approves such alternate method of reporting.CommentsClose CommentsPermalink





`(6) Each licensee shall report the theft or loss of a firearm from the licensee's inventory or collection, within 48 hours after the theft or loss is discovered, to the Attorney General and to the appropriate local authorities.CommentsClose CommentsPermalink





`(7) Each licensee shall respond immediately to, and in no event later than 24 hours after the receipt of, a request by the Attorney General for information contained in the records required to be kept by this chapter as may be required for determining the disposition of 1 or more firearms in the course of a bona fide criminal investigation. The requested information shall be provided orally or in writing, as the Attorney General may require. The Attorney General shall implement a system whereby the licensee can positively identify and establish that an individual requesting information via telephone is employed by and authorized by the agency to request such information.CommentsClose CommentsPermalink





`(h) Licenses issued under the provisions of subsection (c) of this section shall be kept posted and kept available for inspection on the premises covered by the license.CommentsClose CommentsPermalink





`(i) Licensed importers and licensed manufacturers shall identify by means of a serial number engraved or cast on the receiver or frame of the weapon, in such manner as the Attorney General shall by regulations prescribe, each firearm imported or manufactured by such importer or manufacturer.CommentsClose CommentsPermalink





`(j) A licensed importer, licensed manufacturer, or licensed dealer may, under rules or regulations prescribed by the Attorney General, conduct business temporarily at a location other than the location specified on the license if such temporary location is the location for a gun show or event sponsored by any national, State, or local organization, or any affiliate of any such organization devoted to the collection, competitive use, or other sporting use of firearms in the community, and such location is in the State which is specified on the license. Records of receipt and disposition of firearms transactions conducted at such temporary location shall include the location of the sale or other disposition and shall be entered in the permanent records of the licensee and retained on the location specified on the license. Nothing in this subsection shall authorize any licensee to conduct business in or from any motorized or towed vehicle. Notwithstanding the provisions of subsection (a) of this section, a separate fee shall not be required of a licensee with respect to business conducted under this subsection. Any inspection or examination of inventory or records under this chapter by the Attorney General at such temporary location shall be limited to inventory consisting of, or records relating to, firearms held or disposed at such temporary location. Nothing in this subsection shall be construed to authorize the Attorney General to inspect or examine the inventory or records of a licensed importer, licensed manufacturer, or licensed dealer at any location other than the location specified on the license. Nothing in this subsection shall be construed to diminish in any manner any right to display, sell, or otherwise dispose of firearms or ammunition, which is in effect before the date of the enactment of the Firearms Owners' Protection Act, including the right of a licensee to conduct `curios or relics' firearms transfers and business away from their business premises with another licensee without regard as to whether the location of where the business is conducted is located in the State specified on the license of either licensee.CommentsClose CommentsPermalink





`(k) Licensed importers and licensed manufacturers shall mark all armor piercing projectiles and packages containing such projectiles for distribution in the manner prescribed by the Attorney General by regulation. The Attorney General shall furnish information to each dealer licensed under this chapter defining which projectiles are considered armor piercing ammunition.CommentsClose CommentsPermalink





`(l) The Attorney General shall notify the chief law enforcement officer in the appropriate State and local jurisdictions of the names and addresses of all persons in the State to whom a firearms license is issued.CommentsClose CommentsPermalink

`Sec. 584. Penalties

`(a)(1) Except as otherwise provided in this subsection, subsection (b), (c), (f), or (p) of this section, or in section 592, whoever--CommentsClose CommentsPermalink





`(A) knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under the provisions of this chapter;CommentsClose CommentsPermalink





`(B) knowingly violates subsection (a)(4), (f), (k), or (q) of section 582;CommentsClose CommentsPermalink





`(C) knowingly imports or brings into the United States or any possession thereof any firearm or ammunition in violation of section 582(l); orCommentsClose CommentsPermalink





`(D) knowingly violates any other provision of this chapter,CommentsClose CommentsPermalink





shall be imprisoned not more than five years.CommentsClose CommentsPermalink





`(2) Whoever knowingly violates subsection (a)(6), (d), (g), (h), (i), (j), or (o) of section 582 shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink





`(3) Any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly--CommentsClose CommentsPermalink





`(A) makes any false statement or representation with respect to the information required by the provisions of this chapter to be kept in the records of a person licensed under this chapter, orCommentsClose CommentsPermalink





`(B) violates subsection (m) of section 582,CommentsClose CommentsPermalink





shall be imprisoned not more than one year.CommentsClose CommentsPermalink





`(4) Whoever violates section 582(q) shall be imprisoned for not more than 5 years. Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law. Except for the authorization of a term of imprisonment of not more than 5 years made in this paragraph, for the purpose of any other law a violation of section 582(q) shall be deemed to be a misdemeanor.CommentsClose CommentsPermalink





`(5) Whoever knowingly violates subsection (s) or (t) of section 582 shall be imprisoned for not more than 1 year.CommentsClose CommentsPermalink





`(6)(A)(i) A juvenile who violates section 582(x) shall be imprisoned not more than 1 year, except that a juvenile described in clause (ii) shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply with a condition of probation.CommentsClose CommentsPermalink





`(ii) A juvenile is described in this clause if--CommentsClose CommentsPermalink





`(I) the offense of which the juvenile is charged is possession of a handgun or ammunition in violation of section 582(x)(2); andCommentsClose CommentsPermalink





`(II) the juvenile has not been convicted in any court of an offense (including an offense under section 582(x) or a similar State law, but not including any other offense consisting of conduct that if engaged in by an adult would not constitute an offense) or adjudicated as a juvenile delinquent for conduct that if engaged in by an adult would constitute an offense.CommentsClose CommentsPermalink





`(B) A person other than a juvenile who knowingly violates section 582(x)--CommentsClose CommentsPermalink





`(i) shall be imprisoned not more than 1 year; andCommentsClose CommentsPermalink





`(ii) if the person sold, delivered, or otherwise transferred a handgun or ammunition to a juvenile knowing or having reasonable cause to know that the juvenile intended to carry or otherwise possess or discharge or otherwise use the handgun or ammunition in the commission of a crime of violence, shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink





`(7) Whoever knowingly violates section 594 shall be imprisoned not more than 3 years.CommentsClose CommentsPermalink





`(b) Whoever, with intent to commit therewith an offense punishable by imprisonment for a term exceeding one year, or with knowledge or reasonable cause to believe that an offense punishable by imprisonment for a term exceeding one year is to be committed therewith, ships, transports, or receives a firearm or any ammunition in interstate or foreign commerce shall be imprisoned not more than ten years.CommentsClose CommentsPermalink





`(c)(1)(A) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime--CommentsClose CommentsPermalink





`(i) be sentenced to a term of imprisonment of not less than 5 years;CommentsClose CommentsPermalink





`(ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; andCommentsClose CommentsPermalink





`(iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.CommentsClose CommentsPermalink





`(B) If the firearm possessed by a person convicted of a violation of this subsection--CommentsClose CommentsPermalink





`(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; orCommentsClose CommentsPermalink





`(ii) is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to a term of imprisonment of not less than 30 years.CommentsClose CommentsPermalink





`(C) In the case of a second or subsequent conviction under this subsection, the person shall--CommentsClose CommentsPermalink





`(i) be sentenced to a term of imprisonment of not less than 25 years; andCommentsClose CommentsPermalink





`(ii) if the firearm involved is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, be sentenced to imprisonment for life.CommentsClose CommentsPermalink





`(D) Notwithstanding any other provision of law--CommentsClose CommentsPermalink





`(i) a court shall not place on probation any person convicted of a violation of this subsection; andCommentsClose CommentsPermalink





`(ii) no term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment imposed on the person, including any term of imprisonment imposed for the crime of violence or drug trafficking crime during which the firearm was used, carried, or possessed.CommentsClose CommentsPermalink





`(2) For purposes of this subsection, the term `drug trafficking crime' means any felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.).CommentsClose CommentsPermalink





`(3) For purposes of this subsection the term `crime of violence' means an offense that is a felony and--CommentsClose CommentsPermalink





`(A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another, orCommentsClose CommentsPermalink





`(B) that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.CommentsClose CommentsPermalink





`(4) For purposes of this subsection, the term `brandish' means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person.CommentsClose CommentsPermalink





`(5) Except to the extent that a greater minimum sentence is otherwise provided under this subsection, or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries armor piercing ammunition, or who, in furtherance of any such crime, possesses armor piercing ammunition, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime or conviction under this section--CommentsClose CommentsPermalink





`(A) be sentenced to a term of imprisonment of not less than 15 years; andCommentsClose CommentsPermalink





`(B) if death results from the use of such ammunition be punished as provided in section 101.CommentsClose CommentsPermalink





`(d)(1) Any firearm or ammunition involved in or used in any knowing violation of subsection (a)(4), (a)(6), (f), (g), (h), (i), (j), or (k) of section 582, or knowing importation or bringing into the United States or any possession thereof any firearm or ammunition in violation of section 582(l), or knowing violation of section 584, or willful violation of any other provision of this chapter or any rule or regulation promulgated thereunder, or any violation of any other criminal law of the United States, or any firearm or ammunition intended to be used in any offense referred to in paragraph (3) of this subsection, where such intent is demonstrated by clear and convincing evidence, shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of that Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter: Provided, That upon acquittal of the owner or possessor, or dismissal of the charges against him other than upon motion of the Government prior to trial, or lapse of or court termination of the restraining order to which he is subject, the seized or relinquished firearms or ammunition shall be returned forthwith to the owner or possessor or to a person delegated by the owner or possessor unless the return of the firearms or ammunition would place the owner or possessor or his delegate in violation of law. Any action or proceeding for the forfeiture of firearms or ammunition shall be commenced within one hundred and twenty days of such seizure.CommentsClose CommentsPermalink





`(2)(A) In any action or proceeding for the return of firearms or ammunition seized under the provisions of this chapter, the court shall allow the prevailing party, other than the United States, a reasonable attorney's fee, and the United States shall be liable therefor.CommentsClose CommentsPermalink





`(B) In any other action or proceeding under the provisions of this chapter, the court, when it finds that such action was without foundation, or was initiated vexatiously, frivolously, or in bad faith, shall allow the prevailing party, other than the United States, a reasonable attorney's fee, and the United States shall be liable therefor.CommentsClose CommentsPermalink





`(C) Only those firearms or quantities of ammunition particularly named and individually identified as involved in or used in any violation of the provisions of this chapter or any rule or regulation issued thereunder, or any other criminal law of the United States or as intended to be used in any offense referred to in paragraph (3) of this subsection, where such intent is demonstrated by clear and convincing evidence, shall be subject to seizure, forfeiture, and disposition.CommentsClose CommentsPermalink





`(D) The United States shall be liable for attorneys' fees under this paragraph only to the extent provided in advance by appropriation Acts.CommentsClose CommentsPermalink





`(3) The offenses referred to in paragraphs (1) and (2)(C) of this subsection are--CommentsClose CommentsPermalink





`(A) any crime of violence, as that term is defined in section 584(c)(3) of this title;CommentsClose CommentsPermalink





`(B) any offense punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.);CommentsClose CommentsPermalink





`(C) any offense described in section 582(a)(1), 582(a)(3), 582(a)(5), or 582(b)(3) of this title, where the firearm or ammunition intended to be used in any such offense is involved in a pattern of activities which includes a violation of any offense described in section 582(a)(1), 582(a)(3), 582(a)(5), or 582(b)(3) of this title;CommentsClose CommentsPermalink





`(D) any offense described in section 582(d) of this title where the firearm or ammunition is intended to be used in such offense by the transferor of such firearm or ammunition;CommentsClose CommentsPermalink





`(E) any offense described in section 582(i), 582(j), 582(l), 582(n), or 584(b) of this title; andCommentsClose CommentsPermalink





`(F) any offense which may be prosecuted in a court of the United States which involves the exportation of firearms or ammunition.CommentsClose CommentsPermalink





`(e)(1) In the case of a person who violates section 582(g) of this title and has three previous convictions by any court referred to in section 582(g)(1) of this title for a violent felony or a serious drug offense, or both, committed on occasions different from one another, such person shall be imprisoned not less than fifteen years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 582(g).CommentsClose CommentsPermalink





`(2) As used in this subsection--CommentsClose CommentsPermalink





`(A) the term `serious drug offense' means--CommentsClose CommentsPermalink





`(i) an offense under chapter 17 or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.) for which a maximum term of imprisonment of ten years or more is prescribed by law; orCommentsClose CommentsPermalink





`(ii) an offense under State law, involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), for which a maximum term of imprisonment of ten years or more is prescribed by law;CommentsClose CommentsPermalink





`(B) the term `violent felony' means any crime punishable by imprisonment for a term exceeding one year, or any act of juvenile delinquency involving the use or carrying of a firearm, knife, or destructive device that would be punishable by imprisonment for such term if committed by an adult, that--CommentsClose CommentsPermalink





`(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; orCommentsClose CommentsPermalink





`(ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another; andCommentsClose CommentsPermalink





`(C) the term `conviction' includes a finding that a person has committed an act of juvenile delinquency involving a violent felony.CommentsClose CommentsPermalink





`(f) In the case of a person who knowingly violates section 582(p), such person shall be or imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(g) Whoever, with the intent to engage in conduct which--CommentsClose CommentsPermalink





`(1) constitutes an offense listed in section 1961(1),CommentsClose CommentsPermalink





`(2) is punishable under chapter 17 or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.),CommentsClose CommentsPermalink





`(3) violates any State law relating to any controlled substance (as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6))), orCommentsClose CommentsPermalink





`(4) constitutes a crime of violence (as defined in subsection (c)(3)),CommentsClose CommentsPermalink





travels from any State or foreign country into any other State and acquires, transfers, or attempts to acquire or transfer, a firearm in such other State in furtherance of such purpose, shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink





`(h) Whoever knowingly transfers a firearm, knowing that such firearm will be used to commit a crime of violence (as defined in subsection (c)(3)) or drug trafficking crime (as defined in subsection (c)(2)) shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink





`(i)(1) A person who knowingly violates section 582(u) shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink





`(2) Nothing contained in this subsection shall be construed as indicating an intent on the part of Congress to occupy the field in which provisions of this subsection operate to the exclusion of State laws on the same subject matter, nor shall any provision of this subsection be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this subsection.CommentsClose CommentsPermalink





`(j) A person who, in the course of a violation of subsection (c), causes the death of a person through the use of a firearm, shall--CommentsClose CommentsPermalink





`(1) if the killing is a murder (as defined in section 1111), be punished by death or by imprisonment for any term of years or for life; andCommentsClose CommentsPermalink





`(2) if the killing is manslaughter (as defined in section 1112), be punished as provided in that section.CommentsClose CommentsPermalink





`(k) A person who, with intent to engage in or to promote conduct that--CommentsClose CommentsPermalink





`(1) is punishable under chapter 17 or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.);CommentsClose CommentsPermalink





`(2) violates any law of a State relating to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802); orCommentsClose CommentsPermalink





`(3) constitutes a crime of violence (as defined in subsection (c)(3)),CommentsClose CommentsPermalink





smuggles or knowingly brings into the United States a firearm, or attempts to do so, shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink





`(l) A person who steals any firearm which is moving as, or is a part of, or which has moved in, interstate or foreign commerce shall be imprisoned for not more than 10 years.CommentsClose CommentsPermalink





`(m) A person who steals any firearm from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink





`(n) A person who, with the intent to engage in conduct that constitutes a violation of section 582(a)(1)(A), travels from any State or foreign country into any other State and acquires, or attempts to acquire, a firearm in such other State in furtherance of such purpose shall be imprisoned for not more than 10 years.CommentsClose CommentsPermalink





`(o) A person who conspires to commit an offense under subsection (c) shall be imprisoned for not more than 20 years; and if the firearm is a machinegun or destructive device, or is equipped with a firearm silencer or muffler, shall be imprisoned for any term of years or life.CommentsClose CommentsPermalink





`(p) Penalties Relating to Secure Gun Storage or Safety Device-CommentsClose CommentsPermalink





`(1) IN GENERAL-CommentsClose CommentsPermalink





`(A) SUSPENSION OR REVOCATION OF LICENSE; CIVIL PENALTIES- With respect to each violation of section 922(z)(1) by a licensed manufacturer, licensed importer, or licensed dealer, the Secretary may, after notice and opportunity for hearing--CommentsClose CommentsPermalink





`(i) suspend for not more than 6 months, or revoke, the license issued to the licensee under this chapter that was used to conduct the firearms transfer; orCommentsClose CommentsPermalink





`(ii) subject the licensee to a civil penalty in an amount equal to not more than $2,500.CommentsClose CommentsPermalink





`(B) REVIEW- An action of the Secretary under this paragraph may be reviewed only as provided under section 923(f).CommentsClose CommentsPermalink





`(2) ADMINISTRATIVE REMEDIES- The suspension or revocation of a license or the imposition of a civil penalty under paragraph (1) shall not preclude any administrative remedy that is otherwise available to the Secretary.CommentsClose CommentsPermalink

`Sec. 585. Exceptions: Relief from disabilities

`(a)(1) The provisions of this chapter, except for sections 582(d)(9) and 582(g)(9) and provisions relating to firearms subject to the prohibitions of section 582(p), shall not apply with respect to the transportation, shipment, receipt, possession, or importation of any firearm or ammunition imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof.CommentsClose CommentsPermalink





`(2) The provisions of this chapter, except for provisions relating to firearms subject to the prohibitions of section 582(p), shall not apply with respect to (A) the shipment or receipt of firearms or ammunition when sold or issued by the Secretary of the Army pursuant to section 4308 of title 10 before the repeal of such section by section 1624(a) of the Corporation for the Promotion of Rifle Practice and Firearms Safety Act, and (B) the transportation of any such firearm or ammunition carried out to enable a person, who lawfully received such firearm or ammunition from the Secretary of the Army, to engage in military training or in competitions.CommentsClose CommentsPermalink





`(3) Unless otherwise prohibited by this chapter, except for provisions relating to firearms subject to the prohibitions of section 582(p), or any other Federal law, a licensed importer, licensed manufacturer, or licensed dealer may ship to a member of the United States Armed Forces on active duty outside the United States or to clubs, recognized by the Department of Defense, whose entire membership is composed of such members, and such members or clubs may receive a firearm or ammunition determined by the Attorney General to be generally recognized as particularly suitable for sporting purposes and intended for the personal use of such member or club.CommentsClose CommentsPermalink





`(4) When established to the satisfaction of the Attorney General to be consistent with the provisions of this chapter, except for provisions relating to firearms subject to the prohibitions of section 582(p), and other applicable Federal and State laws and published ordinances, the Attorney General may authorize the transportation, shipment, receipt, or importation into the United States to the place of residence of any member of the United States Armed Forces who is on active duty outside the United States (or who has been on active duty outside the United States within the 60-day period immediately preceding the transportation, shipment, receipt, or importation), of any firearm or ammunition which is (A) determined by the Attorney General to be generally recognized as particularly suitable for sporting purposes, or determined by the Department of Defense to be a type of firearm normally classified as a war souvenir, and (B) intended for the personal use of such member.CommentsClose CommentsPermalink





`(5) For the purpose of paragraph (3), the term `United States' means each of the several States and the District of Columbia.CommentsClose CommentsPermalink





`(b) A licensed importer, licensed manufacturer, licensed dealer, or licensed collector who is indicted for a crime punishable by imprisonment for a term exceeding one year, may, notwithstanding any other provision of this chapter, continue operation pursuant to his existing license (if prior to the expiration of the term of the existing license timely application is made for a new license) during the term of such indictment and until any conviction pursuant to the indictment becomes final.CommentsClose CommentsPermalink





`(c) A person who is prohibited from possessing, shipping, transporting, or receiving firearms or ammunition may make application to the Attorney General for relief from the disabilities imposed by Federal laws with respect to the acquisition, receipt, transfer, shipment, transportation, or possession of firearms, and the Attorney General may grant such relief if it is established to his satisfaction that the circumstances regarding the disability, and the applicant's record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest. Any person whose application for relief from disabilities is denied by the Attorney General may file a petition with the United States district court for the district in which he resides for a judicial review of such denial. The court may in its discretion admit additional evidence where failure to do so would result in a miscarriage of justice. A licensed importer, licensed manufacturer, licensed dealer, or licensed collector conducting operations under this chapter, who makes application for relief from the disabilities incurred under this chapter, shall not be barred by such disability from further operations under his license pending final action on an application for relief filed pursuant to this section. Whenever the Attorney General grants relief to any person pursuant to this section he shall promptly publish in the Federal Register notice of such action, together with the reasons therefor.CommentsClose CommentsPermalink





`(d) The Attorney General shall authorize a firearm or ammunition to be imported or brought into the United States or any possession thereof if the firearm or ammunition--CommentsClose CommentsPermalink





`(1) is being imported or brought in for scientific or research purposes, or is for use in connection with competition or training pursuant to chapter 401 of title 10;CommentsClose CommentsPermalink





`(2) is an unserviceable firearm, other than a machinegun as defined in section 5845(b) of the Internal Revenue Code of 1986 (not readily restorable to firing condition), imported or brought in as a curio or museum piece;CommentsClose CommentsPermalink





`(3) is of a type that does not fall within the definition of a firearm as defined in section 5845(a) of the Internal Revenue Code of 1986 and is generally recognized as particularly suitable for or readily adaptable to sporting purposes, excluding surplus military firearms, except in any case where the Attorney General has not authorized the importation of the firearm pursuant to this paragraph, it shall be unlawful to import any frame, receiver, or barrel of such firearm which would be prohibited if assembled; orCommentsClose CommentsPermalink





`(4) was previously taken out of the United States or a possession by the person who is bringing in the firearm or ammunition.CommentsClose CommentsPermalink





The Attorney General shall permit the conditional importation or bringing in of a firearm or ammunition for examination and testing in connection with the making of a determination as to whether the importation or bringing in of such firearm or ammunition will be allowed under this subsection.CommentsClose CommentsPermalink





`(e) Notwithstanding any other provision of this title, the Attorney General shall authorize the importation of, by any licensed importer, the following:CommentsClose CommentsPermalink





`(1) All rifles and shotguns listed as curios or relics by the Attorney General pursuant to section 581(11), andCommentsClose CommentsPermalink





`(2) All handguns, listed as curios or relics by the Attorney General pursuant to section 581(11), provided that such handguns are generally recognized as particularly suitable for or readily adaptable to sporting purposes.CommentsClose CommentsPermalink





`(f) The Attorney General shall not authorize, under subsection (d), the importation of any firearm the importation of which is prohibited by section 582(p).CommentsClose CommentsPermalink

`Sec. 586. Remedy for erroneous denial of firearm

`Any person denied a firearm pursuant to subsection (s) or (t) of section 582--CommentsClose CommentsPermalink





`(1) due to the provision of erroneous information relating to the person by any State or political subdivision thereof, or by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act; orCommentsClose CommentsPermalink





`(2) who was not prohibited from receipt of a firearm pursuant to subsection (g) or (n) of section 582,CommentsClose CommentsPermalink





may bring an action against the State or political subdivision responsible for providing the erroneous information, or responsible for denying the transfer, or against the United States, as the case may be, for an order directing that the erroneous information be corrected or that the transfer be approved, as the case may be. In any action under this section, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.CommentsClose CommentsPermalink

`Sec. 587. Rules and regulations

`(a) The Attorney General may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter, including--CommentsClose CommentsPermalink





`(1) regulations providing that a person licensed under this chapter, when dealing with another person so licensed, shall provide such other licensed person a certified copy of this license;CommentsClose CommentsPermalink





`(2) regulations providing for the issuance, at a reasonable cost, to a person licensed under this chapter, of certified copies of his license for use as provided under regulations issued under paragraph (1) of this subsection; andCommentsClose CommentsPermalink





`(3) regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(8) or (g)(8) of section 582.CommentsClose CommentsPermalink





No such rule or regulation prescribed after the date of the enactment of the Firearms Owners' Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established. Nothing in this section expands or restricts the Attorney General's authority to inquire into the disposition of any firearm in the course of a criminal investigation.CommentsClose CommentsPermalink





`(b) The Attorney General shall give not less than ninety days public notice, and shall afford interested parties opportunity for hearing, before prescribing such rules and regulations.CommentsClose CommentsPermalink





`(c) The Attorney General shall not prescribe rules or regulations that require purchasers of black powder under the exemption provided in section 615 to complete affidavits or forms attesting to that exemption.CommentsClose CommentsPermalink

`Sec. 588. Interstate transportation of firearms

`Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.CommentsClose CommentsPermalink

`Sec. 589. Carrying of concealed firearms by qualified law enforcement officers

`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).CommentsClose CommentsPermalink





`(b) This section shall not be construed to supersede or limit the laws of any State that--CommentsClose CommentsPermalink





`(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; orCommentsClose CommentsPermalink





`(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.CommentsClose CommentsPermalink





`(c) As used in this section, the term `qualified law enforcement officer' means an employee of a governmental agency who--CommentsClose CommentsPermalink





`(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;CommentsClose CommentsPermalink





`(2) is authorized by the agency to carry a firearm;CommentsClose CommentsPermalink





`(3) is not the subject of any disciplinary action by the agency;CommentsClose CommentsPermalink





`(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;CommentsClose CommentsPermalink





`(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; andCommentsClose CommentsPermalink





`(6) is not prohibited by Federal law from receiving a firearm.CommentsClose CommentsPermalink





`(d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer.CommentsClose CommentsPermalink





`(e) As used in this section, the term `firearm' does not include--CommentsClose CommentsPermalink





`(1) any machinegun (as defined in section 5845 of the National Firearms Act);CommentsClose CommentsPermalink





`(2) any firearm silencer (as defined in section 581 of this title); andCommentsClose CommentsPermalink





`(3) any destructive device (as defined in section 581 of this title).CommentsClose CommentsPermalink

`Sec. 590. Carrying of concealed firearms by qualified retired law enforcement officers

`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).CommentsClose CommentsPermalink





`(b) This section shall not be construed to supersede or limit the laws of any State that--CommentsClose CommentsPermalink





`(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; orCommentsClose CommentsPermalink





`(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.CommentsClose CommentsPermalink





`(c) As used in this section, the term `qualified retired law enforcement officer' means an individual who--CommentsClose CommentsPermalink





`(1) retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability;CommentsClose CommentsPermalink





`(2) before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;CommentsClose CommentsPermalink





`(3)(A) before such retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more; orCommentsClose CommentsPermalink





`(B) retired from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;CommentsClose CommentsPermalink





`(4) has a nonforfeitable right to benefits under the retirement plan of the agency;CommentsClose CommentsPermalink





`(5) during the most recent 12-month period, has met, at the expense of the individual, the State's standards for training and qualification for active law enforcement officers to carry firearms;CommentsClose CommentsPermalink





`(6) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; andCommentsClose CommentsPermalink





`(7) is not prohibited by Federal law from receiving a firearm.CommentsClose CommentsPermalink





`(d) The identification required by this subsection is--CommentsClose CommentsPermalink





`(1) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm; orCommentsClose CommentsPermalink





`(2)(A) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer; andCommentsClose CommentsPermalink





`(B) a certification issued by the State in which the individual resides that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State to meet the standards established by the State for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.CommentsClose CommentsPermalink





`(e) As used in this section, the term `firearm' does not include--CommentsClose CommentsPermalink





`(1) any machinegun (as defined in section 5845 of the National Firearms Act);CommentsClose CommentsPermalink





`(2) any firearm silencer (as defined in section 581 of this title); andCommentsClose CommentsPermalink





`(3) a destructive device (as defined in section 581 of this title).CommentsClose CommentsPermalink

`Sec. 591. Effect on State law

`No provision of this subchapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision operates to the exclusion of the law of any State on the same subject matter, unless there is a direct and positive conflict between such provision and the law of the State so that the two cannot be reconciled or consistently stand together.CommentsClose CommentsPermalink

`Sec. 592. Use of restricted ammunition

`(a)(1) Whoever, during and in relation to the commission of a crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which he may be prosecuted in a court of the United States, uses or carries a firearm and is in possession of armor piercing ammunition capable of being fired in that firearm, shall, in addition to the punishment provided for the commission of such crime of violence or drug trafficking crime be sentenced to a term of imprisonment for not less than five years.CommentsClose CommentsPermalink





`(2) For purposes of this subsection, the term `drug trafficking crime' means any felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.).CommentsClose CommentsPermalink





`(b) Notwithstanding any other provision of law, the court shall not suspend the sentence of any person convicted of a violation of this section, nor place the person on probation, nor shall the terms of imprisonment run concurrently with any other terms of imprisonment, including that imposed for the crime in which the armor piercing ammunition was used or possessed.CommentsClose CommentsPermalink

`Sec. 593. Possession of firearms and dangerous weapons in Federal facilities

`(a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be imprisoned not more than 1 year.CommentsClose CommentsPermalink





`(b) Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(c) A person who kills any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon, or attempts or conspires to do such an act, shall be punished as provided in subchapter A of chapter 10.CommentsClose CommentsPermalink





`(d) Subsection (a) shall not apply to--CommentsClose CommentsPermalink





`(1) the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law;CommentsClose CommentsPermalink





`(2) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; orCommentsClose CommentsPermalink





`(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.CommentsClose CommentsPermalink





`(e)(1) Except as provided in paragraph (2), whoever knowingly possesses or causes to be present a firearm in a Federal court facility, or attempts to do so, shall be imprisoned not more than 2 years.CommentsClose CommentsPermalink





`(2) Paragraph (1) shall not apply to conduct which is described in paragraph (1) or (2) of subsection (d).CommentsClose CommentsPermalink





`(f) Nothing in this section limits the power of a court of the United States to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building.CommentsClose CommentsPermalink





`(g) As used in this section:CommentsClose CommentsPermalink





`(1) The term `Federal facility' means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties.CommentsClose CommentsPermalink





`(2) The term `dangerous weapon' means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length.CommentsClose CommentsPermalink





`(3) The term `Federal court facility' means the courtroom, judges' chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States.CommentsClose CommentsPermalink





`(h) Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be.CommentsClose CommentsPermalink

`Sec. 594. Prohibition on purchase, ownership, or possession of body armor by violent felons

`(a) In General- Except as provided in subsection (b), it shall be unlawful for a person to purchase, own, or possess body armor, if that person has been convicted of a felony that is--CommentsClose CommentsPermalink





`(1) a crime of violence; orCommentsClose CommentsPermalink





`(2) an offense under State law that would constitute a crime of violence under paragraph (1) if it occurred within the special maritime and territorial jurisdiction of the United States.CommentsClose CommentsPermalink





`(b) Affirmative Defense-CommentsClose CommentsPermalink





`(1) In general- It shall be an affirmative defense under this section that--CommentsClose CommentsPermalink





`(A) the defendant obtained prior written certification from his or her employer that the defendant's purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity; andCommentsClose CommentsPermalink





`(B) the use and possession by the defendant were limited to the course of such performance.CommentsClose CommentsPermalink





`(2) Employer- In this subsection, the term `employer' means any other individual employed by the defendant's business that supervises defendant's activity. If that defendant has no supervisor, prior written certification is acceptable from any other employee of the business.CommentsClose CommentsPermalink

`SUBCHAPTER C--EXPLOSIVES

`Sec.CommentsClose CommentsPermalink

`601. Prohibited transactions involving nuclear materials.CommentsClose CommentsPermalink

`Sec. 601. Prohibited transactions involving nuclear materials

`(a) Whoever, if one of the circumstances described in subsection (c) of this section occurs--CommentsClose CommentsPermalink





`(1) without lawful authority, intentionally receives, possesses, uses, transfers, alters, disposes of, or disperses any nuclear material or nuclear byproduct material and--CommentsClose CommentsPermalink





`(A) thereby knowingly causes the death of or serious bodily injury to any person or substantial damage to property or to the environment; orCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(2) with intent to deprive another of nuclear material or nuclear byproduct material, knowingly--CommentsClose CommentsPermalink





`(A) takes and carries away nuclear material or nuclear byproduct material of another without authority;CommentsClose CommentsPermalink





`(B) makes an unauthorized use, disposition, or transfer, of nuclear material or nuclear byproduct material belonging to another; orCommentsClose CommentsPermalink





`(C) uses fraud and thereby obtains nuclear material or nuclear byproduct material belonging to another;CommentsClose CommentsPermalink





`(3) knowingly--CommentsClose CommentsPermalink





`(A) uses force; orCommentsClose CommentsPermalink





`(B) threatens or places another in fear that any person other than the actor will imminently be subject to bodily injury;CommentsClose CommentsPermalink





and thereby takes nuclear material or nuclear byproduct material belonging to another from the person or presence of any other;CommentsClose CommentsPermalink





`(4) intentionally intimidates any person and thereby obtains nuclear material or nuclear byproduct material belonging to another;CommentsClose CommentsPermalink





`(5) with intent to compel any person, international organization, or governmental entity to do or refrain from doing any act, knowingly threatens to engage in conduct described in paragraph (2)(A) or (3) of this subsection;CommentsClose CommentsPermalink





`(6) knowingly threatens to use nuclear material or nuclear byproduct material to cause death or serious bodily injury to any person or substantial damage to property or to the environment under circumstances in which the threat may reasonably be understood as an expression of serious purposes;CommentsClose CommentsPermalink





`(7) attempts to commit an offense under paragraph (1), (2), (3), or (4) of this subsection; orCommentsClose CommentsPermalink





`(8) is a party to a conspiracy of two or more persons to commit an offense under paragraph (1), (2), (3), or (4) of this subsection, if any of the parties intentionally engages in any conduct in furtherance of such offense;CommentsClose CommentsPermalink





shall be punished as provided in subsection (b) of this section.CommentsClose CommentsPermalink





`(b) The punishment for an offense under--CommentsClose CommentsPermalink





`(1) paragraphs (1) through (7) of subsection (a) of this section is--CommentsClose CommentsPermalink





`(A) a fine under this title; andCommentsClose CommentsPermalink





`(B) imprisonment--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(ii) for not more than 20 years in any other case; andCommentsClose CommentsPermalink





`(2) paragraph (8) of subsection (a) of this section is--CommentsClose CommentsPermalink





`(A) a fine under this title; andCommentsClose CommentsPermalink





`(B) imprisonment--CommentsClose CommentsPermalink





`(i) for not more than 20 years if the offense which is the object of the conspiracy is punishable under paragraph (1)(B)(i); andCommentsClose CommentsPermalink





`(ii) for not more than 10 years in any other case.CommentsClose CommentsPermalink





`(c) The circumstances referred to in subsection (a) of this section are that--CommentsClose CommentsPermalink





`(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);CommentsClose CommentsPermalink





`(2) an offender or a victim is--CommentsClose CommentsPermalink





`(A) a national of the United States; orCommentsClose CommentsPermalink





`(B) a United States corporation or other legal entity;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(5) either--CommentsClose CommentsPermalink





`(A) the governmental entity under subsection (a)(5) is the United States; orCommentsClose CommentsPermalink





`(B) the threat under subsection (a)(6) is directed at the United States.CommentsClose CommentsPermalink





`(d) The Attorney General may request assistance from the Secretary of Defense under chapter 18 of title 10 in the enforcement of this section and the Secretary of Defense may provide such assistance in accordance with chapter 18 of title 10, except that the Secretary of Defense may provide such assistance through any Department of Defense personnel.CommentsClose CommentsPermalink





`(e)(1) The Attorney General may also request assistance from the Secretary of Defense under this subsection in the enforcement of this section. Notwithstanding section 1385 of this title, the Secretary of Defense may, in accordance with other applicable law, provide such assistance to the Attorney General if--CommentsClose CommentsPermalink





`(A) an emergency situation exists (as jointly determined by the Attorney General and the Secretary of Defense in their discretion); andCommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(2) As used in this subsection, the term `emergency situation' means a circumstance--CommentsClose CommentsPermalink





`(A) that poses a serious threat to the interests of the United States; andCommentsClose CommentsPermalink





`(B) in which--CommentsClose CommentsPermalink





`(i) enforcement of the law would be seriously impaired if the assistance were not provided; andCommentsClose CommentsPermalink





`(ii) civilian law enforcement personnel are not capable of enforcing the law.CommentsClose CommentsPermalink





`(3) Assistance under this section may include--CommentsClose CommentsPermalink





`(A) use of personnel of the Department of Defense to arrest persons and conduct searches and seizures with respect to violations of this section; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(4) The Secretary of Defense may require reimbursement as a condition of assistance under this section.CommentsClose CommentsPermalink





`(5) The Attorney General may delegate the Attorney General's function under this subsection only to a Deputy, Associate, or Assistant Attorney General.CommentsClose CommentsPermalink





`(f) As used in this section--CommentsClose CommentsPermalink





`(1) the term `nuclear material' means material containing any--CommentsClose CommentsPermalink





`(A) plutonium;CommentsClose CommentsPermalink





`(B) uranium not in the form of ore or ore residue that contains the mixture of isotopes as occurring in nature;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(D) uranium 233;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(4) the term `United States corporation or other legal entity' means any corporation or other entity organized under the laws of the United States or any State, Commonwealth, territory, possession, or district of the United States.CommentsClose CommentsPermalink

`SUBCHAPTER D--IMPORTATION, MANUFACTURE, DISTRIBUTION, AND STORAGE OF EXPLOSIVE MATERIALS

`Sec.CommentsClose CommentsPermalink

`611. Definitions.CommentsClose CommentsPermalink





`612. Unlawful acts.CommentsClose CommentsPermalink





`613. Licenses and user permits.CommentsClose CommentsPermalink





`614. Penalties.CommentsClose CommentsPermalink





`615. Exceptions; relief from disabilities.CommentsClose CommentsPermalink





`616. Additional powers of the Attorney General.CommentsClose CommentsPermalink





`617. Rules and regulations.CommentsClose CommentsPermalink





`618. Effect on State law.CommentsClose CommentsPermalink

`Sec. 611. Definitions

`In this subchapter the following definitions apply:CommentsClose CommentsPermalink





`(1) The term `explosive materials' means explosives, blasting agents, and detonators.CommentsClose CommentsPermalink





`(2) Except for the purposes of subsections (d), (e), (f), (g), (h), (i), and (j) of section 614, the term `explosives' means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion; the term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. The Attorney General shall publish and revise at least annually in the Federal Register a list of these and any additional explosives which he determines to be within the coverage of this chapter. For the purposes of subsections (d), (e), (f), (g), (h), and (i) of section 614, the term `explosive' is defined in subsection (j) of such section 614.CommentsClose CommentsPermalink





`(3) The term `blasting agent' means any material or mixture, consisting of fuel and oxidizer, intended for blasting, not otherwise defined as an explosive: Provided, That the finished product, as mixed for use or shipment, cannot be detonated by means of a numbered 8 test blasting cap when unconfined.CommentsClose CommentsPermalink





`(4) The term `detonator' means any device containing a detonating charge that is used for initiating detonation in an explosive; the term includes electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses and detonating-cord delay connectors.CommentsClose CommentsPermalink





`(5) The term `importer' means any person engaged in the business of importing or bringing explosive materials into the United States for purposes of sale or distribution.CommentsClose CommentsPermalink





`(6) The term `manufacturer' means any person engaged in the business of manufacturing explosive materials for purposes of sale or distribution or for that person's own use.CommentsClose CommentsPermalink





`(7) The term `dealer' means any person engaged in the business of distributing explosive materials at wholesale or retail.CommentsClose CommentsPermalink





`(8) The term `permittee' means any user of explosives for a lawful purpose, who has obtained either a user permit or a limited permit under the provisions of this chapter.CommentsClose CommentsPermalink





`(9) The term `Attorney General' means the Attorney General of the United States.CommentsClose CommentsPermalink





`(10) The term `crime punishable by imprisonment for a term exceeding one year' shall not mean (1) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices as the Attorney General may by regulation designate, or (2) any State offense (other than one involving a firearm or explosive) classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.CommentsClose CommentsPermalink





`(11) The term `crime punishable by imprisonment for a term exceeding one year' shall not mean (A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices as the Attorney General may by regulation designate, or (B) any State offense (other than one involving a firearm or explosive) classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.CommentsClose CommentsPermalink





`(12) The term `licensee' means any importer, manufacturer, or dealer licensed under the provisions of this chapter.CommentsClose CommentsPermalink





`(13) The term `distribute' means sell, issue, give, transfer, or otherwise dispose of.CommentsClose CommentsPermalink





`(14) The term `convention on the Marking of Plastic Explosives' means the Convention on the Marking of Plastic Explosives for the Purpose of Detection, Done at Montreal on 1 March 1991.CommentsClose CommentsPermalink





`(15) The term `detection agent' means any one of the substances specified in this subsection when introduced into a plastic explosive or formulated in such explosive as a part of the manufacturing process in such a manner as to achieve homogeneous distribution in the finished explosive, including--CommentsClose CommentsPermalink





`(A) Ethylene glycol dinitrate (EGDN), C2H4(NO3)2, molecular weight 152, when the minimum concentration in the finished explosive is 0.2 percent by mass;CommentsClose CommentsPermalink





`(B) 2,3-Dimethyl-2,3-dinitrobutane (DMNB);CommentsClose CommentsPermalink





`(C) Para-Mononitrotoluene (p-MNT); C7H7NO2, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass;CommentsClose CommentsPermalink





`(D) Ortho-Mononitrotoluene (o-MNT),CommentsClose CommentsPermalink





C7H7NO2, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass; andCommentsClose CommentsPermalink





`(E) any other substance in the concentration specified by the Attorney General, after consultation with the Secretary of State and the Secretary of Defense, that has been added to the table in part 2 of the Technical Annex to the Convention on the Marking of Plastic Explosives.CommentsClose CommentsPermalink





`(16) The term `plastic explosive' means an explosive material in flexible or elastic sheet form formulated with one or more high explosives which in their pure form has a vapor pressure less than 10-<SUP>4 Pa at a temperature of 25/C., is formulated with a binder material, and is as a mixture malleable or flexible at normal room temperature.CommentsClose CommentsPermalink





`(17) The term `alien' means any person who is not a citizen or national of the United States.CommentsClose CommentsPermalink





`(18) The term `responsible person' means an individual who has the power to direct the management and policies of the applicant pertaining to explosive materials.CommentsClose CommentsPermalink

`Sec. 612. Unlawful acts

`(a) It shall be unlawful for any person--CommentsClose CommentsPermalink





`(1) to engage in the business of importing, manufacturing, or dealing in explosive materials without a license issued under this chapter;CommentsClose CommentsPermalink





`(2) knowingly to withhold information or to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive for the purpose of obtaining explosive materials, or a license, permit, exemption, or relief from disability under the provisions of this chapter;CommentsClose CommentsPermalink





`(3) other than a licensee or permittee knowingly--CommentsClose CommentsPermalink





`(A) to transport, ship, cause to be transported, or receive any explosive materials; orCommentsClose CommentsPermalink





`(B) to distribute explosive materials to any person other than a licensee or permittee; orCommentsClose CommentsPermalink





`(4) who is a holder of a limited permit--CommentsClose CommentsPermalink





`(A) to transport, ship, cause to be transported, or receive in interstate or foreign commerce any explosive materials; orCommentsClose CommentsPermalink





`(B) to receive explosive materials from a licensee or permittee, whose premises are located outside the State of residence of the limited permit holder, or on more than 6 separate occasions, during the period of the permit, to receive explosive materials from 1 or more licensees or permittees whose premises are located within the State of residence of the limited permit holder.CommentsClose CommentsPermalink





`(b) It shall be unlawful for any licensee or permittee to knowingly distribute any explosive materials to any person other than--CommentsClose CommentsPermalink





`(1) a licensee;CommentsClose CommentsPermalink





`(2) a holder of a user permit; orCommentsClose CommentsPermalink





`(3) a holder of a limited permit who is a resident of the State where distribution is made and in which the premises of the transferor are located.CommentsClose CommentsPermalink





`(c) It shall be unlawful for any licensee to distribute explosive materials to any person who the licensee has reason to believe intends to transport such explosive materials into a State where the purchase, possession, or use of explosive materials is prohibited or which does not permit its residents to transport or ship explosive materials into it or to receive explosive materials in it.CommentsClose CommentsPermalink





`(d) It shall be unlawful for any person knowingly to distribute explosive materials to any individual who--CommentsClose CommentsPermalink





`(1) is under twenty-one years of age;CommentsClose CommentsPermalink





`(2) has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;CommentsClose CommentsPermalink





`(3) is under indictment for a crime punishable by imprisonment for a term exceeding one year;CommentsClose CommentsPermalink





`(4) is a fugitive from justice;CommentsClose CommentsPermalink





`(5) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));CommentsClose CommentsPermalink





`(6) has been adjudicated a mental defective or who has been committed to a mental institution;CommentsClose CommentsPermalink





`(7) is an alien, other than an alien who--CommentsClose CommentsPermalink





`(A) is lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act);CommentsClose CommentsPermalink





`(B) is in lawful nonimmigrant status, is a refugee admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), or is in asylum status under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158), and--CommentsClose CommentsPermalink





`(i) is a foreign law enforcement officer of a friendly foreign government, as determined by the Attorney General in consultation with the Secretary of State, entering the United States on official law enforcement business, and the shipping, transporting, possession, or receipt of explosive materials is in furtherance of this official law enforcement business; orCommentsClose CommentsPermalink





`(ii) is a person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed pursuant to section 843(a), and the shipping, transporting, possession, or receipt of explosive materials is in furtherance of such power;CommentsClose CommentsPermalink





`(C) is a member of a North Atlantic Treaty Organization (NATO) or other friendly foreign military force, as determined by the Attorney General in consultation with the Secretary of Defense, who is present in the United States under military orders for training or other military purpose authorized by the United States and the shipping, transporting, possession, or receipt of explosive materials is in furtherance of the authorized military purpose; orCommentsClose CommentsPermalink





`(D) is lawfully present in the United States in cooperation with the Director of Central Intelligence, and the shipment, transportation, receipt, or possession of the explosive materials is in furtherance of such cooperation;CommentsClose CommentsPermalink





`(8) has been discharged from the armed forces under dishonorable conditions; orCommentsClose CommentsPermalink





`(9) having been a citizen of the United States, has renounced the citizenship of that person.CommentsClose CommentsPermalink





`(e) It shall be unlawful for any licensee knowingly to distribute any explosive materials to any person in any State where the purchase, possession, or use by such person of such explosive materials would be in violation of any State law or any published ordinance applicable at the place of distribution.CommentsClose CommentsPermalink





`(f) It shall be unlawful for any licensee or permittee willfully to manufacture, import, purchase, distribute, or receive explosive materials without making such records as the Attorney General may by regulation require, including, but not limited to, a statement of intended use, the name, date, place of birth, social security number or taxpayer identification number, and place of residence of any natural person to whom explosive materials are distributed. If explosive materials are distributed to a corporation or other business entity, such records shall include the identity and principal and local places of business and the name, date, place of birth, and place of residence of the natural person acting as agent of the corporation or other business entity in arranging the distribution.CommentsClose CommentsPermalink





`(g) It shall be unlawful for any licensee or permittee knowingly to make any false entry in any record which he is required to keep pursuant to this section or regulations promulgated under section 617.CommentsClose CommentsPermalink





`(h) It shall be unlawful for any person to receive, possess, transport, ship, conceal, store, barter, sell, dispose of, or pledge or accept as security for a loan, any stolen explosive materials which are moving as, which are part of, which constitute, or which have been shipped or transported in, interstate or foreign commerce, either before or after such materials were stolen, knowing or having reasonable cause to believe that the explosive materials were stolen.CommentsClose CommentsPermalink





`(i) It shall be unlawful for any person--CommentsClose CommentsPermalink





`(1) who is under indictment for, or who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;CommentsClose CommentsPermalink





`(2) who is a fugitive from justice;CommentsClose CommentsPermalink





`(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));CommentsClose CommentsPermalink





`(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;CommentsClose CommentsPermalink





`(5) who is an alien, other than an alien who--CommentsClose CommentsPermalink





`(A) is lawfully admitted for permanent residence (as that term is defined in section 101(a)(20) of the Immigration and Nationality Act);CommentsClose CommentsPermalink





`(B) is in lawful nonimmigrant status, is a refugee admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), or is in asylum status under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158), and--CommentsClose CommentsPermalink





`(i) is a foreign law enforcement officer of a friendly foreign government, as determined by the Attorney General in consultation with the Secretary of State, entering the United States on official law enforcement business, and the shipping, transporting, possession, or receipt of explosive materials is in furtherance of this official law enforcement business; orCommentsClose CommentsPermalink





`(ii) is a person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed pursuant to section 843(a), and the shipping, transporting, possession, or receipt of explosive materials is in furtherance of such power;CommentsClose CommentsPermalink





`(C) is a member of a North Atlantic Treaty Organization (NATO) or other friendly foreign military force, as determined by the Attorney General in consultation with the Secretary of Defense, who is present in the United States under military orders for training or other military purpose authorized by the United States and the shipping, transporting, possession, or receipt of explosive materials is in furtherance of the authorized military purpose; orCommentsClose CommentsPermalink





`(D) is lawfully present in the United States in cooperation with the Director of Central Intelligence, and the shipment, transportation, receipt, or possession of the explosive materials is in furtherance of such cooperation;CommentsClose CommentsPermalink





`(6) who has been discharged from the armed forces under dishonorable conditions; orCommentsClose CommentsPermalink





`(7) who, having been a citizen of the United States, has renounced the citizenship of that person.CommentsClose CommentsPermalink





`(j) It shall be unlawful for any person to store any explosive material in a manner not in conformity with regulations promulgated by the Attorney General. In promulgating such regulations, the Attorney General shall take into consideration the class, type, and quantity of explosive materials to be stored, as well as the standards of safety and security recognized in the explosives industry.CommentsClose CommentsPermalink





`(k) It shall be unlawful for any person who has knowledge of the theft or loss of any explosive materials from his stock, to fail to report such theft or loss within twenty-four hours of discovery thereof, to the Attorney General and to appropriate local authorities.CommentsClose CommentsPermalink





`(l) It shall be unlawful for any person to manufacture any plastic explosive that does not contain a detection agent.CommentsClose CommentsPermalink





`(m)(1) It shall be unlawful for any person to import or bring into the United States, or export from the United States, any plastic explosive that does not contain a detection agent.CommentsClose CommentsPermalink





`(2) This subsection does not apply to the importation or bringing into the United States, or the exportation from the United States, of any plastic explosive that was imported or brought into, or manufactured in the United States prior to the date of enactment of this subsection by or on behalf of any agency of the United States performing military or police functions (including any military reserve component) or by or on behalf of the National Guard of any State, not later than 15 years after the date of entry into force of the Convention on the Marking of Plastic Explosives, with respect to the United States.CommentsClose CommentsPermalink





`(n)(1) It shall be unlawful for any person to ship, transport, transfer, receive, or possess any plastic explosive that does not contain a detection agent.CommentsClose CommentsPermalink





`(2) This subsection does not apply to--CommentsClose CommentsPermalink





`(A) the shipment, transportation, transfer, receipt, or possession of any plastic explosive that was imported or brought into, or manufactured in the United States prior to the date of enactment of this subsection by any person during the period beginning on that date and ending 3 years after that date of enactment; orCommentsClose CommentsPermalink





`(B) the shipment, transportation, transfer, receipt, or possession of any plastic explosive that was imported or brought into, or manufactured in the United States prior to the date of enactment of this subsection by or on behalf of any agency of the United States performing a military or police function (including any military reserve component) or by or on behalf of the National Guard of any State, not later than 15 years after the date of entry into force of the Convention on the Marking of Plastic Explosives, with respect to the United States.CommentsClose CommentsPermalink





`(o) It shall be unlawful for any person, other than an agency of the United States (including any military reserve component) or the National Guard of any State, possessing any plastic explosive on the date of enactment of this subsection, to fail to report to the Attorney General within 120 days after such date of enactment the quantity of such explosives possessed, the manufacturer or importer, any marks of identification on such explosives, and such other information as the Attorney General may prescribe by regulation.CommentsClose CommentsPermalink





`(p) DISTRIBUTION OF INFORMATION RELATING TO EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAPONS OF MASS DESTRUCTION-CommentsClose CommentsPermalink





`(1) DEFINITIONS- In this subsection--CommentsClose CommentsPermalink





`(A) the term `destructive device' has the same meaning as in section 581;CommentsClose CommentsPermalink





`(B) the term `explosive' has the same meaning as in section 614; andCommentsClose CommentsPermalink





`(C) the term `weapon of mass destruction' has the same meaning as in section 271.CommentsClose CommentsPermalink





`(2) Prohibition- It shall be unlawful for any person--CommentsClose CommentsPermalink





`(A) to teach or demonstrate the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute by any means information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence; orCommentsClose CommentsPermalink





`(B) to teach or demonstrate to any person the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute to any person, by any means, information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes a Federal crime of violence.CommentsClose CommentsPermalink

`Sec. 613. Licenses and user permits

`(a) An application for a user permit or limited permit or a license to import, manufacture, or deal in explosive materials shall be in such form and contain such information as the Attorney General shall by regulation prescribe, including the names of and appropriate identifying information regarding all employees who will be authorized by the applicant to possess explosive materials, as well as fingerprints and a photograph of each responsible person. Each applicant for a license or permit shall pay a fee to be charged as set by the Attorney General, said fee not to exceed $50 for a limited permit and $200 for any other license or permit. Each license or user permit shall be valid for not longer than 3 years from the date of issuance and each limited permit shall be valid for not longer than 1 year from the date of issuance. Each license or permit shall be renewable upon the same conditions and subject to the same restrictions as the original license or permit, and upon payment of a renewal fee not to exceed one-half of the original fee.CommentsClose CommentsPermalink





`(b) Upon the filing of a proper application and payment of the prescribed fee, and subject to the provisions of this chapter and other applicable laws, the Attorney General shall issue to such applicant the appropriate license or permit if--CommentsClose CommentsPermalink





`(1) the applicant (or, if the applicant is a corporation, partnership, or association, each responsible person with respect to the applicant) is not a person described in section 612(i);CommentsClose CommentsPermalink





`(2) the applicant has not willfully violated any of the provisions of this chapter or regulations issued hereunder;CommentsClose CommentsPermalink





`(3) the applicant has in a State premises from which he conducts or intends to conduct business;CommentsClose CommentsPermalink





`(4)(A) the Secretary verifies by inspection or, if the application is for an original limited permit or the first or second renewal of such a permit, by such other means as the Attorney General determines appropriate, that the applicant has a place of storage for explosive materials which meets such standards of public safety and security against theft as the Attorney General by regulations shall prescribe; andCommentsClose CommentsPermalink





`(B) subparagraph (A) shall not apply to an applicant for the renewal of a limited permit if the Secretary has verified, by inspection within the preceding 3 years, the matters described in subparagraph (A) with respect to the applicant;CommentsClose CommentsPermalink





`(5) the applicant has demonstrated and certified in writing that he is familiar with all published State laws and local ordinances relating to explosive materials for the location in which he intends to do business;CommentsClose CommentsPermalink





`(6) none of the employees of the applicant who will be authorized by the applicant to possess explosive materials is any person described in section 612(i); andCommentsClose CommentsPermalink





`(7) in the case of a limited permit, the applicant has certified in writing that the applicant will not receive explosive materials on more than 6 separate occasions during the 12-month period for which the limited permit is valid.CommentsClose CommentsPermalink





`(c) The Attorney General shall approve or deny an application within a period of 90 days for licenses and permits, beginning on the date such application is received by the Attorney General.CommentsClose CommentsPermalink





`(d) The Attorney General may revoke any license or permit issued under this section if in the opinion of the Attorney General the holder thereof has violated any provision of this chapter or any rule or regulation prescribed by the Attorney General under this chapter, or has become ineligible to acquire explosive materials under section 612(d). The Attorney General's action under this subsection may be reviewed only as provided in subsection (e)(2) of this section.CommentsClose CommentsPermalink





`(e)(1) Any person whose application is denied or whose license or permit is revoked shall receive a written notice from the Attorney General stating the specific grounds upon which such denial or revocation is based. Any notice of a revocation of a license or permit shall be given to the holder of such license or permit prior to or concurrently with the effective date of the revocation.CommentsClose CommentsPermalink





`(2) If the Attorney General denies an application for, or revokes a license, or permit, he shall, upon request by the aggrieved party, promptly hold a hearing to review his denial or revocation. In the case of a revocation, the Attorney General may upon a request of the holder stay the effective date of the revocation. A hearing under this section shall be at a location convenient to the aggrieved party. The Attorney General shall give written notice of his decision to the aggrieved party within a reasonable time after the hearing. The aggrieved party may, within sixty days after receipt of the Secretary's written decision, file a petition with the United States court of appeals for the district in which he resides or has his principal place of business for a judicial review of such denial or revocation, pursuant to sections 701 through 706 of title 5.CommentsClose CommentsPermalink





`(f) Licensees and holders of user permits shall make available for inspection at all reasonable times their records kept pursuant to this chapter or the regulations issued hereunder, and licensees and permittees shall submit to the Attorney General such reports and information with respect to such records and the contents thereof as he shall by regulations prescribe. The Attorney General may enter during business hours the premises (including places of storage) of any licensee or holder of a user permit, for the purpose of inspecting or examining (1) any records or documents required to be kept by such licensee or permittee, under the provisions of this chapter or regulations issued hereunder, and (2) any explosive materials kept or stored by such licensee or permittee at such premises. Upon the request of any State or any political subdivision thereof, the Attorney General may make available to such State or any political subdivision thereof, any information which he may obtain by reason of the provisions of this chapter with respect to the identification of persons within such State or political subdivision thereof, who have purchased or received explosive materials, together with a description of such explosive materials. The Attorney General may inspect the places of storage for explosive materials of an applicant for a limited permit or, at the time of renewal of such permit, a holder of a limited permit, only as provided in subsection (b)(4).CommentsClose CommentsPermalink





`(g) Licenses and user permits issued under the provisions of subsection (b) of this section shall be kept posted and kept available for inspection on the premises covered by the license and permit.CommentsClose CommentsPermalink





`(h)(1) If the Attorney General receives, from an employer, the name and other identifying information of a responsible person or an employee who will be authorized by the employer to possess explosive materials in the course of employment with the employer, the Secretary shall determine whether the responsible person or employee is one of the persons described in any paragraph of section 612(i). In making the determination, the Attorney General may take into account a letter or document issued under paragraph (2).CommentsClose CommentsPermalink





`(2)(A) If the Attorney General determines that the responsible person or the employee is not one of the persons described in any paragraph of section 612(i), the Attorney General shall notify the employer in writing or electronically of the determination and issue, to the responsible person or employee, a letter of clearance, which confirms the determination.CommentsClose CommentsPermalink





`(B) If the Attorney General determines that the responsible person or employee is one of the persons described in any paragraph of section 612(i), the Attorney General shall notify the employer in writing or electronically of the determination and issue to the responsible person or the employee, as the case may be, a document that--CommentsClose CommentsPermalink





`(i) confirms the determination;CommentsClose CommentsPermalink





`(ii) explains the grounds for the determination;CommentsClose CommentsPermalink





`(iii) provides information on how the disability may be relieved; andCommentsClose CommentsPermalink





`(iv) explains how the determination may be appealed.CommentsClose CommentsPermalink





`(i) FURNISHING OF SAMPLES-CommentsClose CommentsPermalink





`(1) In general-Licensed manufacturers and licensed importers and persons who manufacture or import explosive materials or ammonium nitrate shall, when required by letter issued by the Secretary, furnish--CommentsClose CommentsPermalink





`(A) samples of such explosive materials or ammonium nitrate;CommentsClose CommentsPermalink





`(B) information on chemical composition of those products; andCommentsClose CommentsPermalink





`(C) any other information that the Secretary determines is relevant to the identification of the explosive materials or to identification of the ammonium nitrate.CommentsClose CommentsPermalink





`(2) REIMBURSEMENT- The Attorney General shall, by regulation, authorize reimbursement of the fair market value of samples furnished pursuant to this subsection, as well as the reasonable costs of shipment.CommentsClose CommentsPermalink

`Sec. 614. Penalties

`(a) Any person--CommentsClose CommentsPermalink





`(1) who violates any of subsections (a) through (i) or (l) through (o) of section 614 shall be imprisoned for not more than 10 years; andCommentsClose CommentsPermalink





`(2) violates subsection (p)(2) of section 612, shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink





`(b) Any person who violates any other provision of section 612 of this chapter shall be imprisoned not more than one year.CommentsClose CommentsPermalink





`(c)(1) Any explosive materials involved or used or intended to be used in any violation of the provisions of this chapter or any other rule or regulation promulgated thereunder or any violation of any criminal law of the United States shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of that Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter.CommentsClose CommentsPermalink





`(2) Notwithstanding paragraph (1), in the case of the seizure of any explosive materials for any offense for which the materials would be subject to forfeiture in which it would be impracticable or unsafe to remove the materials to a place of storage or would be unsafe to store them, the seizing officer may destroy the explosive materials forthwith. Any destruction under this paragraph shall be in the presence of at least 1 credible witness. The seizing officer shall make a report of the seizure and take samples as the Attorney General may by regulation prescribe.CommentsClose CommentsPermalink





`(3) Within 60 days after any destruction made pursuant to paragraph (2), the owner of (including any person having an interest in) the property so destroyed may make application to the Attorney General for reimbursement of the value of the property. If the claimant establishes to the satisfaction of the Attorney General that--CommentsClose CommentsPermalink





`(A) the property has not been used or involved in a violation of law; orCommentsClose CommentsPermalink





`(B) any unlawful involvement or use of the property was without the claimant's knowledge, consent, or willful blindness,CommentsClose CommentsPermalink





the Attorney General shall make an allowance to the claimant not exceeding the value of the property destroyed.CommentsClose CommentsPermalink





`(d) Whoever transports or receives, or attempts to transport or receive, in interstate or foreign commerce any explosive with the knowledge or intent that it will be used to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property, shall be imprisoned for not more than ten years; and if personal injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be imprisoned for not more than twenty years; and if death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment.CommentsClose CommentsPermalink





`(e) Whoever, through the use of the mail, telephone, telegraph, or other instrument of interstate or foreign commerce, or in or affecting interstate or foreign commerce, willfully makes any threat, or maliciously conveys false information knowing the same to be false, concerning an attempt or alleged attempt being made, or to be made, to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property by means of fire or an explosive shall be imprisoned for not more than 10 years.CommentsClose CommentsPermalink





`(f)(1) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other personal or real property in whole or in part owned or possessed by, or leased to, the United States, or any department or agency thereof, or any institution or organization receiving Federal financial assistance, shall be imprisoned for not less than 5 years and not more than 20 years.CommentsClose CommentsPermalink





`(2) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct, directly or proximately causes personal injury or creates a substantial risk of injury to any person, including any public safety officer performing duties, shall be imprisoned for not less than 7 years and not more than 40 years.CommentsClose CommentsPermalink





`(3) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct directly or proximately causes the death of any person, including any public safety officer performing duties, shall be subject to the death penalty, or imprisoned for not less than 20 years or for life.CommentsClose CommentsPermalink





`(g)(1) Except as provided in paragraph (2), whoever possesses an explosive in an airport that is subject to the regulatory authority of the Federal Aviation Administration, or in any building in whole or in part owned, possessed, or used by, or leased to, the United States or any department or agency thereof, except with the written consent of the agency, department, or other person responsible for the management of such building or airport, shall be imprisoned for not more than five years.CommentsClose CommentsPermalink





`(2) The provisions of this subsection shall not be applicable to--CommentsClose CommentsPermalink





`(A) the possession of ammunition (as that term is defined in regulations issued pursuant to this chapter) in an airport that is subject to the regulatory authority of the Federal Aviation Administration if such ammunition is either in checked baggage or in a closed container; orCommentsClose CommentsPermalink





`(B) the possession of an explosive in an airport if the packaging and transportation of such explosive is exempt from, or subject to and in accordance with, regulations of the Pipeline and Hazardous Materials Safety Administration for the handling of hazardous materials pursuant to chapter 51 of title 49.CommentsClose CommentsPermalink





`(h) Whoever--CommentsClose CommentsPermalink





`(1) uses fire or an explosive to commit any felony which may be prosecuted in a court of the United States, orCommentsClose CommentsPermalink





`(2) carries an explosive during the commission of any felony which may be prosecuted in a court of the United States,CommentsClose CommentsPermalink





including a felony which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device shall, in addition to the punishment provided for such felony, be sentenced to imprisonment for 10 years. In the case of a second or subsequent conviction under this subsection, such person shall be sentenced to imprisonment for 20 years. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person convicted of a violation of this subsection, nor shall the term of imprisonment imposed under this subsection run concurrently with any other term of imprisonment including that imposed for the felony in which the explosive was used or carried.CommentsClose CommentsPermalink





`(i) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce shall be imprisoned for not less than 5 years and not more than 20 years; and if personal injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be imprisoned for not less than 7 years and not more than 40 years; and if death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall also be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment.CommentsClose CommentsPermalink





`(j) For the purposes of subsections (d), (e), (f), (g), (h), and (i) of this section and section 612(p)(2), the term `explosive' means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, other explosive or incendiary devices within the meaning of paragraph (5) of section 232 of this title, and any chemical compounds, mechanical mixture, or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, mixture, or device or any part thereof may cause an explosion.CommentsClose CommentsPermalink





`(k) A person who steals any explosives materials which are moving as, or are a part of, or which have moved in, interstate or foreign commerce shall be imprisoned for not more than 10 years.CommentsClose CommentsPermalink





`(l) A person who steals any explosive material from a licensed importer, licensed manufacturer, or licensed dealer, or from any permittee shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink





`(m) A person who conspires to commit an offense under subsection (h) shall be imprisoned for any term of years not exceeding 20.CommentsClose CommentsPermalink





`(n) Except as otherwise provided in this section, a person who conspires to commit any offense defined in this chapter shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense the commission of which was the object of the conspiracy.CommentsClose CommentsPermalink





`(o) Whoever knowingly transfers any explosive materials, knowing or having reasonable cause to believe that such explosive materials will be used to commit a crime of violence (as defined in section 584(c)(3)) or drug trafficking crime (as defined in section 584(c)(2)) shall be subject to the same penalties as may be imposed under subsection (h) for a first conviction for the use or carrying of an explosive material.CommentsClose CommentsPermalink





`(p) THEFT REPORTING REQUIREMENT-CommentsClose CommentsPermalink





`(1) IN GENERAL- A holder of a license or permit who knows that explosive materials have been stolen from that licensee or permittee, shall report the theft to the Attorney General not later than 24 hours after the discovery of the theft.CommentsClose CommentsPermalink





`(2) PENALTY- A holder of a license or permit who does not report a theft in accordance with paragraph (1), shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink

`Sec. 615. Exceptions; relief from disabilities

`(a) Except in the case of subsection (l), (m), (n), or (o) of section 612 and subsections (d), (e), (f), (g), (h), and (i) of section 614 of this title, this chapter does not apply to--CommentsClose CommentsPermalink





`(1) any aspect of the transportation of explosive materials via railroad, water, highway, or air which are regulated by the United States Department of Transportation and agencies thereof, and which pertain to safety;CommentsClose CommentsPermalink





`(2) the use of explosive materials in medicines and medicinal agents in the forms prescribed by the official United States Pharmacopeia, or the National Formulary;CommentsClose CommentsPermalink





`(3) the transportation, shipment, receipt, or importation of explosive materials for delivery to any agency of the United States or to any State or political subdivision thereof;CommentsClose CommentsPermalink





`(4) small arms ammunition and components thereof;CommentsClose CommentsPermalink





`(5) commercially manufactured black powder in quantities not to exceed fifty pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers, intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in section 581(a)(16) of title 18 of the United States Code, or in antique devices as exempted from the term `destructive device' in section 581(a)(4) of title 18 of the United States Code; andCommentsClose CommentsPermalink





`(6) the manufacture under the regulation of the military department of the United States of explosive materials for, or their distribution to or storage or possession by the military or naval services or other agencies of the United States; or to arsenals, navy yards, depots, or other establishments owned by, or operated by or on behalf of, the United States.CommentsClose CommentsPermalink





`(b)(1) A person who is prohibited from shipping, transporting, receiving, or possessing any explosive under section 612(i) may apply to the Attorney General for relief from such prohibition.CommentsClose CommentsPermalink





`(2) The Attorney General may grant the relief requested under paragraph (1) if the Attorney General determines that the circumstances regarding the applicability of section 612(i), and the applicant's record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of such relief is not contrary to the public interest.CommentsClose CommentsPermalink





`(3) A licensee or permittee who applies for relief, under this subsection, from the disabilities incurred under this chapter as a result of an indictment for or conviction of a crime punishable by imprisonment for a term exceeding 1 year shall not be barred by such disability from further operations under the license or permit pending final action on an application for relief filed pursuant to this section.CommentsClose CommentsPermalink





`(c) It is an affirmative defense against any proceeding involving subsections (l) through (o) of section 612 if the proponent proves by a preponderance of the evidence that the plastic explosive--CommentsClose CommentsPermalink





`(1) consisted of a small amount of plastic explosive intended for and utilized solely in lawful--CommentsClose CommentsPermalink





`(A) research, development, or testing of new or modified explosive materials;CommentsClose CommentsPermalink





`(B) training in explosives detection or development or testing of explosives detection equipment; orCommentsClose CommentsPermalink





`(C) forensic science purposes; orCommentsClose CommentsPermalink





`(2) was plastic explosive that, within 3 years after the date of enactment of the Antiterrorism and Effective Death Penalty Act of 1996, will be or is incorporated in a military device within the territory of the United States and remains an integral part of such military device, or is intended to be, or is incorporated in, and remains an integral part of a military device that is intended to become, or has become, the property of any agency of the United States performing military or police functions (including any military reserve component) or the National Guard of any State, wherever such device is located.CommentsClose CommentsPermalink





`(3) For purposes of this subsection, the term `military device' includes, shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades, perforators, and similar devices lawfully manufactured exclusively for military or police purposes.CommentsClose CommentsPermalink

`Sec. 616. Additional powers of the Attorney General

`(a) The Attorney General is authorized to inspect the site of any accident, or fire, in which there is reason to believe that explosive materials were involved, in order that if any such incident has been brought about by accidental means, precautions may be taken to prevent similar accidents from occurring. In order to carry out the purpose of this subsection, the Attorney General is authorized to enter into or upon any property where explosive materials have been used, are suspected of having been used, or have been found in an otherwise unauthorized location. Nothing in this chapter shall be construed as modifying or otherwise affecting in any way the investigative authority of any other Federal agency. In addition to any other investigatory authority they have with respect to violations of provisions of this chapter, the Federal Bureau of Investigation, together with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, shall have authority to conduct investigations with respect to violations of subsection (d), (e), (f), (g), (h), or (i) of section 614.CommentsClose CommentsPermalink





`(b) The Attorney General is authorized to establish a national repository of information on incidents involving arson and the suspected criminal misuse of explosives. All Federal agencies having information concerning such incidents shall report the information to the Attorney General pursuant to such regulations as deemed necessary to carry out the provisions of this subsection. The repository shall also contain information on incidents voluntarily reported to the Attorney General by State and local authorities.CommentsClose CommentsPermalink

`Sec. 617. Rules and regulations

`The administration of this subchapter shall be vested in the Attorney General. The Attorney General may prescribe such rules and regulations as he deems reasonably necessary to carry out the provisions of this chapter. The Attorney General shall give reasonable public notice, and afford to interested parties opportunity for hearing, prior to prescribing such rules and regulations.CommentsClose CommentsPermalink

`Sec. 618. Effect on State law

`No provision of this subchapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision operates to the exclusion of the law of any State on the same subject matter, unless there is a direct and positive conflict between such provision and the law of the State so that the two cannot be reconciled or consistently stand together.CommentsClose CommentsPermalink

`SUBCHAPTER E--BIOLOGICAL WEAPONS

`Sec.CommentsClose CommentsPermalink

`621. Prohibitions with respect to biological weapons.CommentsClose CommentsPermalink





`622. Requests for military assistance to enforce prohibition in certain emergencies.CommentsClose CommentsPermalink





`623. Possession by restricted persons.CommentsClose CommentsPermalink





`624. Variola virus.CommentsClose CommentsPermalink





`625. Seizure, forfeiture, and destruction.CommentsClose CommentsPermalink





`626. Injunctions.CommentsClose CommentsPermalink





`627. Definitions.CommentsClose CommentsPermalink

`Sec. 621. Prohibitions with respect to biological weapons

`(a) In General- Whoever knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon, or knowingly assists a foreign state or any organization to do so, or attempts, threatens, or conspires to do the same, shall be imprisoned for life or any term of years. There is extraterritorial Federal jurisdiction over an offense under this section committed by or against a national of the United States.CommentsClose CommentsPermalink





`(b) Additional Offense- Whoever knowingly possesses any biological agent, toxin, or delivery system of a type or in a quantity that, under the circumstances, is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose, shall be imprisoned not more than 10 years. In this subsection, the terms `biological agent' and `toxin' do not encompass any biological agent or toxin that is in its naturally occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source.CommentsClose CommentsPermalink





`(c) Definition- For purposes of this section, the term `for use as a weapon' includes the development, production, transfer, acquisition, retention, or possession of any biological agent, toxin, or delivery system for other than prophylactic, protective, bona fide research, or other peaceful purposes.CommentsClose CommentsPermalink

`Sec. 622. Requests for military assistance to enforce prohibition in certain emergencies

`The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 in support of Department of Justice activities relating to the enforcement of section 621 in an emergency situation involving a biological weapon of mass destruction. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10.CommentsClose CommentsPermalink

`Sec. 623. Possession by restricted persons

`(a) IN GENERAL- (1) No restricted person shall ship or transport in or affecting interstate or foreign commerce, or possess in or affecting interstate or foreign commerce, any biological agent or toxin, or receive any biological agent or toxin that has been shipped or transported in interstate or foreign commerce, if the biological agent or toxin is listed as a select agent in Appendix A of part 72 of title 42, Code of Federal Regulations, pursuant to section 351A of the Public Health Service Act, and is not exempted under subsection (h) of section 72.6, or Appendix A of part 72, of title 42, Code of Federal Regulations.CommentsClose CommentsPermalink





`(2) Whoever knowingly violates this section shall be imprisoned not more than 10 years, but the prohibition contained in this section shall not apply with respect to any duly authorized United States governmental activity.CommentsClose CommentsPermalink





`(b) Transfer to Unregistered Person-CommentsClose CommentsPermalink





`(1) Select agents- Whoever transfers a select agent to a person who the transferor knows or has reasonable cause to believe is not registered as required by regulations under subsection (b) or (c) of section 351A of the Public Health Service Act shall be imprisoned for not more than 5 years.CommentsClose CommentsPermalink





`(2) Certain other biological agents and toxins- Whoever transfers a biological agent or toxin listed pursuant to section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002 to a person who the transferor knows or has reasonable cause to believe is not registered as required by regulations under subsection (b) or (c) of section 212 of such Act shall be imprisoned for not more than 5 years.CommentsClose CommentsPermalink





`(c) Unregistered for Possession-CommentsClose CommentsPermalink





`(1) Select agents- Whoever knowingly possesses a biological agent or toxin where such agent or toxin is a select agent for which such person has not obtained a registration required by regulations under section 351A(c) of the Public Health Service Act shall be or imprisoned for not more than 5 years.CommentsClose CommentsPermalink





`(2) Certain other biological agents and toxins- Whoever knowingly possesses a biological agent or toxin where such agent or toxin is a biological agent or toxin listed pursuant to section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002 for which such person has not obtained a registration required by regulations under section 212(c) of such Act shall be imprisoned for not more than 5 years.CommentsClose CommentsPermalink





`(d) DEFINITIONS- As used in this section:CommentsClose CommentsPermalink





`(1) The term `select agent' means a biological agent or toxin to which subsection (a) applies. Such term (including for purposes of subsection (a)) does not include any such biological agent or toxin that is in its naturally-occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source.CommentsClose CommentsPermalink





`(2) The term `restricted person' means an individual who--CommentsClose CommentsPermalink





`(A) is under indictment for a crime punishable by imprisonment for a term exceeding 1 year;CommentsClose CommentsPermalink





`(B) has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;CommentsClose CommentsPermalink





`(C) is a fugitive from justice;CommentsClose CommentsPermalink





`(D) is an unlawful user of any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));CommentsClose CommentsPermalink





`(E) is an alien illegally or unlawfully in the United States;CommentsClose CommentsPermalink





`(F) has been adjudicated as a mental defective or has been committed to any mental institution;CommentsClose CommentsPermalink





`(G)(i) is an alien (other than an alien lawfully admitted for permanent residence) who is a national of a country as to which the Secretary of State, pursuant to section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), section 620A of chapter 1 of part M of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or section 40(d) of chapter 3 of the Arms Export Control Act (22 U.S.C. 2780(d)), has made a determination (that remains in effect) that such country has repeatedly provided support for acts of international terrorism, or (ii) acts for or on behalf of, or operates subject to the direction or control of, a government or official of a country described in this subparagraph;CommentsClose CommentsPermalink





`(H) has been discharged from the Armed Services of the United States under dishonorable conditions; orCommentsClose CommentsPermalink





`(I) is a member of, acts for or on behalf of, or operates subject to the direction or control of, a terrorist organization as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).CommentsClose CommentsPermalink





`(3) The term `alien' has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).CommentsClose CommentsPermalink





`(4) The term `lawfully admitted for permanent residence' has the same meaning as in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).CommentsClose CommentsPermalink

`Sec. 624. Variola virus

`(a) Unlawful Conduct-CommentsClose CommentsPermalink





`(1) In general- Except as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, engineer, synthesize, acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use, variola virus.CommentsClose CommentsPermalink





`(2) Exception- This subsection does not apply to conduct by, or under the authority of, the Secretary of Health and Human Services.CommentsClose CommentsPermalink





`(b) Jurisdiction- Conduct prohibited by subsection (a) is within the jurisdiction of the United States if--CommentsClose CommentsPermalink





`(1) the offense occurs in or affects interstate or foreign commerce;CommentsClose CommentsPermalink





`(2) the offense occurs outside of the United States and is committed by a national of the United States;CommentsClose CommentsPermalink





`(3) the offense is committed against a national of the United States while the national is outside the United States;CommentsClose CommentsPermalink





`(4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; orCommentsClose CommentsPermalink





`(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.CommentsClose CommentsPermalink





`(c) Criminal Penalties-CommentsClose CommentsPermalink





`(1) In general- Any person who violates, or attempts or conspires to violate, subsection (a) shall be sentenced to a term of imprisonment not less than 25 years or to imprisonment for life.CommentsClose CommentsPermalink





`(2) Other circumstances- Any person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be imprisoned for not less than 30 years or imprisoned for life.CommentsClose CommentsPermalink





`(3) Special circumstances- If the death of another results from a person's violation of subsection (a), the person shall be punished by imprisonment for life.CommentsClose CommentsPermalink





`(d) Definition- As used in this section, the term `variola virus' means a virus that can cause human smallpox or any derivative of the variola major virus that contains more than 85 percent of the gene sequence of the variola major virus or the variola minor virus.CommentsClose CommentsPermalink

`Sec. 625. Seizure, forfeiture, and destruction

`(a) In General- (1) Except as provided in paragraph (2), the Attorney General may request the issuance, in the same manner as provided for a search warrant, of a warrant authorizing the seizure of any biological agent, toxin, or delivery system that--CommentsClose CommentsPermalink





`(A) pertains to conduct prohibited under section 621; orCommentsClose CommentsPermalink





`(B) is of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes.CommentsClose CommentsPermalink





`(2) In exigent circumstances, seizure and destruction of any biological agent, toxin, or delivery system described in subparagraphs (A) and (B) of paragraph (1) may be made upon probable cause without the necessity for a warrant.CommentsClose CommentsPermalink





`(b) Procedure- Property seized pursuant to subsection (a) shall be forfeited to the United States after notice to potential claimants and an opportunity for a hearing. At such hearing, the Government shall bear the burden of persuasion by a preponderance of the evidence. Except as inconsistent herewith, the same procedures and provisions of law relating to a forfeiture under the customs laws shall extend to a seizure or forfeiture under this section. The Attorney General may provide for the destruction or other appropriate disposition of any biological agent, toxin, or delivery system seized and forfeited pursuant to this section.CommentsClose CommentsPermalink





`(c) Affirmative Defense- It is an affirmative defense against a forfeiture under subsection (a)(1)(B) of this section that--CommentsClose CommentsPermalink





`(1) such biological agent, toxin, or delivery system is for a prophylactic, protective, or other peaceful purpose; andCommentsClose CommentsPermalink





`(2) such biological agent, toxin, or delivery system, is of a type and quantity reasonable for that purpose.CommentsClose CommentsPermalink

`Sec. 626. Injunctions

`(a) In General- The United States may obtain in a civil action an injunction against--CommentsClose CommentsPermalink





`(1) the conduct prohibited under section 621 of this title;CommentsClose CommentsPermalink





`(2) the preparation, solicitation, attempt, threat, or conspiracy to engage in conduct prohibited under section 621; orCommentsClose CommentsPermalink





`(3) the development, production, stockpiling, transferring, acquisition, retention, or possession, or the attempted development, production, stockpiling, transferring, acquisition, retention, or possession of any biological agent, toxin, or delivery system of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes.CommentsClose CommentsPermalink





`(b) Affirmative Defense- It is an affirmative defense against an injunction under subsection (a)(3) of this section that--CommentsClose CommentsPermalink





`(1) the conduct sought to be enjoined is for a prophylactic, protective, or other peaceful purpose; andCommentsClose CommentsPermalink





`(2) such biological agent, toxin, or delivery system is of a type and quantity reasonable for that purpose.CommentsClose CommentsPermalink

`Sec. 627. Definitions

`As used in this chapter--CommentsClose CommentsPermalink





`(1) the term `biological agent' means any microorganism (including bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance, capable of causing--CommentsClose CommentsPermalink





`(A) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;CommentsClose CommentsPermalink





`(B) deterioration of food, water, equipment, supplies, or material of any kind; orCommentsClose CommentsPermalink





`(C) deleterious alteration of the environment;CommentsClose CommentsPermalink





`(2) the term `toxin' means the toxic material or product of plants, animals, microorganisms (including bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substances, or a recombinant or synthesized molecule, whatever their origin and method of production, and includes--CommentsClose CommentsPermalink





`(A) any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; orCommentsClose CommentsPermalink





`(B) any poisonous isomer or biological product, homolog, or derivative of such a substance;CommentsClose CommentsPermalink





`(3) the term `delivery system' means--CommentsClose CommentsPermalink





`(A) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; orCommentsClose CommentsPermalink





`(B) any vector; andCommentsClose CommentsPermalink





`(4) the term `vector' means a living organism, or molecule, including a recombinant or synthesized molecule, capable of carrying a biological agent or toxin to a host.CommentsClose CommentsPermalink

`SUBCHAPTER F--CHEMICAL WEAPONS

`Sec.CommentsClose CommentsPermalink

`631. Prohibited activities.CommentsClose CommentsPermalink





`632. Penalties.CommentsClose CommentsPermalink





`633. Individual self-defense devices.CommentsClose CommentsPermalink





`634. Injunctions.CommentsClose CommentsPermalink





`635. Requests for military assistance to enforce prohibition in certain emergencies.CommentsClose CommentsPermalink





`636. Definitions.CommentsClose CommentsPermalink

`Sec. 631. Prohibited activities

`(a) Unlawful Conduct- Except as provided in subsection (b), it shall be unlawful for any person knowingly--CommentsClose CommentsPermalink





`(1) to develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, or use, or threaten to use, any chemical weapon; orCommentsClose CommentsPermalink





`(2) to assist or induce, in any way, any person to violate paragraph (1), or to attempt or conspire to violate paragraph (1).CommentsClose CommentsPermalink





`(b) Exempted Agencies and Persons-CommentsClose CommentsPermalink





`(1) In general- Subsection (a) does not apply to the retention, ownership, possession, transfer, or receipt of a chemical weapon by a department, agency, or other entity of the United States, or by a person described in paragraph (2), pending destruction of the weapon.CommentsClose CommentsPermalink





`(2) Exempted persons- A person referred to in paragraph (1) is--CommentsClose CommentsPermalink





`(A) any person, including a member of the Armed Forces of the United States, who is authorized by law or by an appropriate officer of the United States to retain, own, possess, transfer, or receive the chemical weapon; orCommentsClose CommentsPermalink





`(B) in an emergency situation, any otherwise nonculpable person if the person is attempting to destroy or seize the weapon.CommentsClose CommentsPermalink





`(c) Jurisdiction- Conduct prohibited by subsection (a) is within the jurisdiction of the United States if the prohibited conduct--CommentsClose CommentsPermalink





`(1) takes place in the United States;CommentsClose CommentsPermalink





`(2) takes place outside of the United States and is committed by a national of the United States;CommentsClose CommentsPermalink





`(3) is committed against a national of the United States while the national is outside the United States; orCommentsClose CommentsPermalink





`(4) is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States.CommentsClose CommentsPermalink

`Sec. 632. Penalties

`(a) Criminal Penalties-CommentsClose CommentsPermalink





`(1) In general- Any person who violates section 631 of this title shall be imprisoned for any term of years.CommentsClose CommentsPermalink





`(2) Death penalty- Any person who violates section 631 of this title and by whose action the death of another person is the result shall be punished by death or imprisoned for life.CommentsClose CommentsPermalink





`(b) Civil Penalties-CommentsClose CommentsPermalink





`(1) In general- The Attorney General may bring a civil action in the appropriate United States district court against any person who violates section 631 of this title and, upon proof of such violation by a preponderance of the evidence, such person shall be subject to pay a civil penalty in an amount not to exceed $100,000 for each such violation.CommentsClose CommentsPermalink





`(2) Relation to other proceedings- The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person.CommentsClose CommentsPermalink





`(c) Reimbursement of Costs- The court shall order any person convicted of an offense under subsection (a) to reimburse the United States for any expenses incurred by the United States incident to the seizure, storage, handling, transportation, and destruction or other disposition of any property that was seized in connection with an investigation of the commission of the offense by that person. A person ordered to reimburse the United States for expenses under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered under this subsection to reimburse the United States for the same expenses.CommentsClose CommentsPermalink

`Sec. 633. Individual self-defense devices

`This subchapter does not prohibit any individual self-defense device, including one using a pepper spray or chemical mace.CommentsClose CommentsPermalink

`Sec. 634. Injunctions

`The United States may obtain in a civil action an injunction against--CommentsClose CommentsPermalink





`(1) the conduct prohibited under section 631 or 674; orCommentsClose CommentsPermalink





`(2) the preparation or solicitation to engage in conduct prohibited under section 631 or 675.CommentsClose CommentsPermalink

`Sec. 635. Requests for military assistance to enforce prohibition in certain emergencies

`The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 in support of Department of Justice activities relating to the enforcement of section 631 in an emergency situation involving a chemical weapon. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10.CommentsClose CommentsPermalink

`Sec. 636. Definitions

`In this chapter the following apply:CommentsClose CommentsPermalink





`(1) Chemical weapon- The term `chemical weapon' means the following, together or separately:CommentsClose CommentsPermalink





`(A) A toxic chemical and its precursors, except where intended for a purpose not prohibited under this chapter as long as the type and quantity is consistent with such a purpose.CommentsClose CommentsPermalink





`(B) A munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device.CommentsClose CommentsPermalink





`(C) Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (B).CommentsClose CommentsPermalink





`(2) Chemical weapons convention; convention- The terms `Chemical Weapons Convention' and `Convention' mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993.CommentsClose CommentsPermalink





`(3) Key component of a binary or multicomponent chemical system- The term `key component of a binary or multicomponent chemical system' means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.CommentsClose CommentsPermalink





`(4) Precursor-CommentsClose CommentsPermalink





`(A) In general- The term `precursor' means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. The term includes any key component of a binary or multicomponent chemical system.CommentsClose CommentsPermalink





`(B) List of precursors- Precursors which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention.CommentsClose CommentsPermalink





`(5) Purposes not prohibited by this chapter- The term `purposes not prohibited by this chapter' means the following:CommentsClose CommentsPermalink





`(A) Peaceful purposes- Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other activity.CommentsClose CommentsPermalink





`(B) Protective purposes- Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons.CommentsClose CommentsPermalink





`(C) Unrelated military purposes- Any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm.CommentsClose CommentsPermalink





`(D) Law enforcement purposes- Any law enforcement purpose, including any domestic riot control purpose and including imposition of capital punishment.CommentsClose CommentsPermalink





`(6) Toxic chemical-CommentsClose CommentsPermalink





`(A) In general- The term `toxic chemical' means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. The term includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.CommentsClose CommentsPermalink





`(B) List of toxic chemicals- Toxic chemicals which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention.CommentsClose CommentsPermalink

`CHAPTER 23--THEFT AND RELATED CRIMES

`SubchapterCommentsClose CommentsPermalink

--Sec.CommentsClose CommentsPermalink

641CommentsClose CommentsPermalink

671CommentsClose CommentsPermalink

691CommentsClose CommentsPermalink

`SUBCHAPTER A--EMBEZZLEMENT AND THEFT

`Sec.CommentsClose CommentsPermalink

`641. Public money, property or records.CommentsClose CommentsPermalink





`642. Accounting generally for public money.CommentsClose CommentsPermalink





`643. Officer or employee of United States converting property of another.CommentsClose CommentsPermalink





`644. Theft, embezzlement, or misapplication by bank officer or employee.CommentsClose CommentsPermalink





`645. Lending, credit, and insurance institutions.CommentsClose CommentsPermalink





`646. Property mortgaged or pledged to farm credit agencies.CommentsClose CommentsPermalink





`647. Interstate or foreign shipments by carrier; State prosecutions.CommentsClose CommentsPermalink





`648. Carrier's funds derived from commerce; State prosecutions.CommentsClose CommentsPermalink





`649. Within special maritime and territorial jurisdiction.CommentsClose CommentsPermalink





`650. Receiving stolen property within special maritime and territorial jurisdiction.CommentsClose CommentsPermalink





`651. Theft or embezzlement from employee benefit plan.CommentsClose CommentsPermalink





`652. Theft or embezzlement from employment and training funds; improper inducement; obstruction of investigations.CommentsClose CommentsPermalink





`653. Theft or bribery concerning programs receiving Federal funds.CommentsClose CommentsPermalink





`654. Theft of major artwork.CommentsClose CommentsPermalink





`655. Theft or embezzlement in connection with health care.CommentsClose CommentsPermalink





`656. Embezzlement of labor organization assets.CommentsClose CommentsPermalink

`Sec. 641. Public money, property or records

`(a) OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; orCommentsClose CommentsPermalink





`(2) receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted;CommentsClose CommentsPermalink





shall be imprisoned not more than ten years; but if the value of such property in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case, does not exceed the sum of $1,000, he shall be imprisoned not more than one year.CommentsClose CommentsPermalink





`(b) DEFINITION- As used in this section the term `value' means face, par, or market value, or cost price, either wholesale or retail, whichever is greater.CommentsClose CommentsPermalink

`Sec. 642. Accounting generally for public money

`Whoever, being an officer, employee or agent of the United States or of any department or agency thereof, having received public money which he is not authorized to retain as salary, pay, or emolument, fails to render his accounts for the same as provided by law is guilty of embezzlement, and shall be or imprisoned not more than ten years; but if the amount embezzled does not exceed $1,000, he shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 643. Officer or employee of United States converting property of another

`Whoever, being an officer or employee of the United States or of any department or agency thereof, embezzles or wrongfully converts to his own use the money or property of another which comes into his possession or under his control in the execution of such office or employment, or under color or claim of authority as such officer or employee, shall be imprisoned not more than ten years; but if the sum embezzled is $1,000 or less, he shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 644. Theft, embezzlement, or misapplication by bank officer or employee

`(a) OFFENSE- Whoever, being an officer, director, agent or employee of, or connected in any capacity with any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25(a) of the Federal Reserve Act, or a receiver of a national bank, insured bank, branch, agency, or organization or any agent or employee of the receiver, or a Federal Reserve Agent, or an agent or employee of a Federal Reserve Agent or of the Board of Governors of the Federal Reserve System, embezzles, abstracts, purloins or knowingly misapplies any of the moneys, funds or credits of such bank, branch, agency, or organization or holding company or any moneys, funds, assets or securities intrusted to the custody or care of such bank, branch, agency, or organization, or holding company or to the custody or care of any such agent, officer, director, employee or receiver, shall be imprisoned not more than 30 years; but if the amount embezzled, abstracted, purloined or misapplied does not exceed $1,000, he shall be imprisoned not more than one year.CommentsClose CommentsPermalink





`(b) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the term `member bank' means any national bank, state bank, or bank and trust company which has become a member of one of the Federal Reserve banks;CommentsClose CommentsPermalink





`(2) the term `insured bank' means any bank, banking association, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation;CommentsClose CommentsPermalink





`(3) the term `branch or agency of a foreign bank' means a branch or agency described in section 20(9) of this title; andCommentsClose CommentsPermalink





`(4) the term `depository institution holding company' has the meaning given such term in section 3 of the Federal Deposit Insurance Act.CommentsClose CommentsPermalink

`Sec. 645. Lending, credit, and insurance institutions

`Whoever, being an officer, agent or employee of or connected in any capacity with the Federal Deposit Insurance Corporation, National Credit Union Administration, Office of Thrift Supervision, the Resolution Trust Corporation, any Federal home loan bank, the Federal Housing Finance Board, Farm Credit Administration, Department of Housing and Urban Development, Federal Crop Insurance Corporation, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, or the Farm Credit System Insurance Corporation, a Farm Credit Bank, a bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States or any institution, other than an insured bank (as defined in section 656), the accounts of which are insured by the Federal Deposit Insurance Corporation, or by the National Credit Union Administration Board or any small business investment company, or any community development financial institution receiving financial assistance under the Riegle Community Development and Regulatory Improvement Act of 1994, and whoever, being a receiver of any such institution, or agent or employee of the receiver, embezzles, abstracts, purloins or knowingly misapplies any moneys, funds, credits, securities or other things of value belonging to such institution, or pledged or otherwise intrusted to its care, shall be imprisoned not more than 30 years; but if the amount or value embezzled, abstracted, purloined or misapplied does not exceed $1,000, he shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 646. Property mortgaged or pledged to farm credit agencies

`Whoever, with intent to defraud, knowingly conceals, removes, disposes of, or converts to his own use or to that of another, any property mortgaged or pledged to, or held by, the Farm Credit Administration, any Federal intermediate credit bank, or the Federal Crop Insurance Corporation, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, any regional agricultural credit corporation, or any bank for cooperatives, shall be imprisoned not more than five years; but if the value of such property does not exceed $1,000, he shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 647. Interstate or foreign shipments by carrier; State prosecutions

`(a) OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) embezzles, steals, or unlawfully takes, carries away, or conceals, or by fraud or deception obtains from any pipeline system, railroad car, wagon, motortruck, or other vehicle, or from any tank or storage facility, station, station house, platform or depot or from any steamboat, vessel, or wharf, or from any aircraft, air terminal, airport, aircraft terminal or air navigation facility with intent to convert to his own use any goods or chattels moving as or which are a part of or which constitute an interstate or foreign shipment of freight, express, or other property;CommentsClose CommentsPermalink





`(2) buys or receives or has in his possession any such goods or chattels, knowing the same to have been embezzled or stolen;CommentsClose CommentsPermalink





`(3) embezzles, steals, or unlawfully takes, carries away, or by fraud or deception obtains with intent to convert to his own use any baggage which shall have come into the possession of any common carrier for transportation in interstate or foreign commerce or breaks into, steals, takes, carries away, or conceals any of the contents of such baggage, or buys, receives, or has in his possession any such baggage or any article therefrom of whatever nature, knowing the same to have been embezzled or stolen; orCommentsClose CommentsPermalink





`(4) embezzles, steals, or unlawfully takes by any fraudulent device, scheme, or game, from any railroad car, bus, vehicle, steamboat, vessel, or aircraft operated by any common carrier moving in interstate or foreign commerce or from any passenger thereon any money, baggage, goods, or chattels, or whoever buys, receives, or has in his possession any such money, baggage, goods, or chattels, knowing the same to have been embezzled or stolen;CommentsClose CommentsPermalink





shall be imprisoned not more than ten years, but if the amount or value of such money, baggage, goods or chattels does not exceed $1,000, shall be imprisoned not more than one year.CommentsClose CommentsPermalink





`(b) BAR TO PROSECUTION- A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution under this section for the same act or acts. Nothing contained in this section shall be construed as indicating an intent on the part of Congress to occupy the field in which provisions of this section operate to the exclusion of State laws on the same subject matter, nor shall any provision of this section be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this section or any provision thereof.CommentsClose CommentsPermalink

`Sec. 648. Carrier's funds derived from commerce; State prosecutions

`(a) OFFENSE- Whoever, being a president, director, officer, or manager of any firm, association, or corporation engaged in commerce as a common carrier, or whoever, being an employee of such common carrier riding in or upon any railroad car, motortruck, steamboat, vessel, aircraft or other vehicle of such carrier moving in interstate commerce, embezzles, steals, abstracts, or knowingly misapplies, or knowingly permits to be misapplied, any of the moneys, funds, credits, securities, property, or assets of such firm, association, or corporation arising or accruing from, or used in, such commerce, in whole or in part, or knowingly converts the same to his own use or to the use of another, shall be imprisoned not more than ten years.CommentsClose CommentsPermalink





`(b) VENUE- The offense shall be deemed to have been committed not only in the district where the violation first occurred but also in any district in which the defendant may have taken or had possession of such moneys, funds, credits, securities, property or assets.CommentsClose CommentsPermalink





`(c) BAR TO PROSECUTION- A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution hereunder for the same act or acts.CommentsClose CommentsPermalink

`Sec. 649. Within special maritime and territorial jurisdiction

`Whoever, within the special maritime and territorial jurisdiction of the United States, takes and carries away, with intent to steal or purloin, any personal property of another shall, if the property taken is of a value exceeding $1,000, or is taken from the person of another, be imprisoned not more than five years, and in all other cases, imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 650. Receiving stolen property within special maritime and territorial jurisdiction

`Whoever, within the special maritime and territorial jurisdiction of the United States, buys, receives, or conceals any money, goods, bank notes, or other thing which may be the subject of larceny, which has been feloniously taken, stolen, or embezzled, from any other person, knowing the same to have been so taken, stolen, or embezzled, shall be imprisoned not more than three years, but if the amount or value of thing so taken, stolen or embezzled does not exceed $1,000, the offender shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 651. Theft or embezzlement from employee benefit plan

`(a) OFFENSE- Whoever embezzles, steals, or unlawfully and knowingly abstracts or converts any property of any employee welfare benefit plan or employee pension benefit plan, or of any fund connected therewith, shall be imprisoned not more than five years.CommentsClose CommentsPermalink





`(b) DEFINITION- As used in this section, the term `any employee welfare benefit plan or employee pension benefit plan' means any employee benefit plan subject to any provision of title I of the Employee Retirement Income Security Act of 1974.CommentsClose CommentsPermalink

`Sec. 652. Theft or embezzlement from employment and training funds; improper inducement; obstruction of investigations

`(a) THEFT OR EMBEZZLEMENT FROM EMPLOYMENT AND TRAINING FUNDS- Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any agency or organization receiving financial assistance or any funds under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 knowingly enrolls an ineligible participant, embezzles, knowingly misapplies, steals, or obtains by fraud any property that is the subject of a financial assistance agreement or contract pursuant to such Act shall be imprisoned for not more than 2 years, but if the amount so embezzled, misapplied, stolen, or obtained by fraud does not exceed $1,000, the offender shall be imprisoned not more than 1 year.CommentsClose CommentsPermalink





`(b) IMPROPER INDUCEMENT- Whoever, by threat or procuring dismissal of any person from employment or of refusal to employ or refusal to renew a contract of employment in connection with a financial assistance agreement or contract under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 induces any person to give up any money or thing of any value to any person (including such organization or agency receiving funds) shall be imprisoned not more than 1 year.CommentsClose CommentsPermalink

`Sec. 653. Theft or bribery concerning programs receiving Federal funds

`(a) OFFENSE- Whoever, as made applicable by subsection (b)--CommentsClose CommentsPermalink





`(1) being an agent of an organization, or of a State, local, or Indian tribal government, or any agency thereof--CommentsClose CommentsPermalink





`(A) embezzles, steals, obtains by fraud, or otherwise without authority knowingly converts or intentionally misapplies, property that--CommentsClose CommentsPermalink





`(i) is valued at $5,000 or more, andCommentsClose CommentsPermalink





`(ii) is owned by, or is under the care, custody, or control of such organization, government, or agency; orCommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink





`(b) APPLICABILITY- Subsection (a) applies if the organization, government, or agency receives, in any one year period, benefits in excess of $10,000 under a Federal program involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of Federal assistance.CommentsClose CommentsPermalink





`(c) EXCLUSION- This section does not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business.CommentsClose CommentsPermalink





`(d) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(3) the term `local' means of or pertaining to a political subdivision within a State; andCommentsClose CommentsPermalink





`(4) the term `in any one-year period' means a continuous period that commences no earlier than twelve months before the commission of the offense or that ends no later than twelve months after the commission of the offense. Such period may include time both before and after the commission of the offense.CommentsClose CommentsPermalink

`Sec. 654. Theft of major artwork

`(a) Offenses- A person who--CommentsClose CommentsPermalink





`(1) steals or obtains by fraud from the care, custody, or control of a museum any object of cultural heritage; orCommentsClose CommentsPermalink





`(2) knowing that an object of cultural heritage has been stolen or obtained by fraud, if in fact the object was stolen or obtained from the care, custody, or control of a museum (whether or not that fact is known to the person), receives, conceals, exhibits, or disposes of the object,CommentsClose CommentsPermalink





shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink





`(b) Definitions- In this section--CommentsClose CommentsPermalink





`(1) the term `museum' means an organized and permanent institution, the activities of which affect interstate or foreign commerce, that--CommentsClose CommentsPermalink





`(A) is situated in the United States;CommentsClose CommentsPermalink





`(B) is established for an essentially educational or aesthetic purpose;CommentsClose CommentsPermalink





`(C) has a professional staff; andCommentsClose CommentsPermalink





`(D) owns, utilizes, and cares for tangible objects that are exhibited to the public on a regular schedule; andCommentsClose CommentsPermalink





`(2) the term `object of cultural heritage' means an object that is--CommentsClose CommentsPermalink





`(A) over 100 years old and worth in excess of $5,000; orCommentsClose CommentsPermalink





`(B) worth at least $100,000.CommentsClose CommentsPermalink

`Sec. 655. Theft or embezzlement in connection with health care

`Whoever knowingly embezzles, steals, or otherwise without authority converts or intentionally misapplies any of the moneys, funds, securities, premiums, credits, property, or other assets of a health care benefit program, shall be imprisoned not more than 10 years, but if the value of such property does not exceed the sum of $100 the offender shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 656. Embezzlement of labor organization assets.

`(a) OFFENSE- Whoever, being an officer or employee of a labor organization, embezzles, steals, or unlawfully and knowingly abstracts or converts any of the property of the organization shall be imprisoned for not more than five years.CommentsClose CommentsPermalink





`(b) DEFINITION- As used in this section the term `labor organization' has the meaning given that term in the National Labor Relations Act.CommentsClose CommentsPermalink

`SUBCHAPTER B--STOLEN PROPERTY

`Sec.CommentsClose CommentsPermalink

`670. Definitions for subchapter.CommentsClose CommentsPermalink





`671. Transportation of stolen vehicles.CommentsClose CommentsPermalink





`672. Sale or receipt of stolen vehicles.CommentsClose CommentsPermalink





`673. Transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting.CommentsClose CommentsPermalink





`674. Sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps.CommentsClose CommentsPermalink





`675. Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging.CommentsClose CommentsPermalink





`676. Criminal infringement of a copyright.CommentsClose CommentsPermalink





`677. Copyright infringement.CommentsClose CommentsPermalink





`678. Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances.CommentsClose CommentsPermalink





`679. Unauthorized recording of motion pictures in a motion picture exhibition facility.CommentsClose CommentsPermalink





`680. Trafficking in counterfeit goods or services.CommentsClose CommentsPermalink





`681. Trafficking in certain motor vehicles or motor vehicle parts.CommentsClose CommentsPermalink





`682. Chop shops.CommentsClose CommentsPermalink

`Sec. 670. Definitions for subchapter

`The following definitions apply in this subchapter:CommentsClose CommentsPermalink





`(1) The term `aircraft' means any contrivance now known or hereafter invented, used, or designed for navigation of or for flight in the air.CommentsClose CommentsPermalink





`(2) The term `cattle' means one or more bulls, steers, oxen, cows, heifers, or calves, or the carcass or carcasses thereof.CommentsClose CommentsPermalink





`(3) The term `livestock' means any domestic animals raised for home use, consumption, or profit, such as horses, pigs, llamas, goats, fowl, sheep, buffalo, and cattle, or the carcasses thereof.CommentsClose CommentsPermalink





`(4) The term `money' means the legal tender of the United States or of any foreign country, or any counterfeit thereof.CommentsClose CommentsPermalink





`(5) The term `motor vehicle' means an automobile, automobile truck, automobile wagon, motorcycle, or any other self-propelled vehicle designed for running on land but not on rails.CommentsClose CommentsPermalink





`(6) The term `securities' means any note, stock certificate, bond, debenture, check, draft, warrant, traveler's check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate; valid or blank motor vehicle title; certificate of interest in property, tangible or intangible; instrument or document or writing evidencing ownership of goods, wares, and merchandise, or transferring or assigning any right, title, or interest in or to goods, wares, and merchandise; or, in general, any instrument commonly known as a `security', or any certificate of interest or participation in, temporary or interim certificate for, receipt for, warrant, or right to subscribe to or purchase any of the foregoing, or any forged, counterfeited, or spurious representation of any of the foregoing.CommentsClose CommentsPermalink





`(7) The term `tax stamp' means any tax stamp, tax token, tax meter imprint, or any other form of evidence of an obligation running to a State, or evidence of the discharge thereof.CommentsClose CommentsPermalink





`(8) The term `value' means the face, par, or market value, whichever is the greatest, and the aggregate value of all goods, wares, and merchandise, securities, and money referred to in a single indictment shall constitute the value thereof.CommentsClose CommentsPermalink





`(9) The term `vessel' means any watercraft or other contrivance used or designed for transportation or navigation on, under, or immediately above, water.CommentsClose CommentsPermalink

`Sec. 671. Transportation of stolen vehicles

`Whoever transports in interstate or foreign commerce a motor vehicle, vessel, or aircraft, knowing the same to have been stolen, shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink

`Sec. 672. Sale or receipt of stolen vehicles

`Whoever receives, possesses, conceals, stores, barters, sells, or disposes of any motor vehicle, vessel, or aircraft, which has crossed a State or United States boundary after being stolen, knowing the same to have been stolen, shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink

`Sec. 673. Transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting

`Whoever--CommentsClose CommentsPermalink





`(1) transports, transmits, or transfers in interstate or foreign commerce any goods, wares, merchandise, securities or money, of the value of $5,000 or more, knowing the same to have been stolen, converted or taken by fraud;CommentsClose CommentsPermalink





`(2) having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transports or causes to be transported, or induces any person or persons to travel in, or to be transported in interstate or foreign commerce in the execution or concealment of a scheme or artifice to defraud that person or those persons of money or property having a value of $5,000 or more;CommentsClose CommentsPermalink





`(3) with unlawful intent, transports in interstate or foreign commerce any falsely made, forged, altered, or counterfeited securities or tax stamps, knowing the same to have been falsely made, forged, altered, or counterfeited;CommentsClose CommentsPermalink





`(4) with unlawful intent, transports in interstate or foreign commerce any traveler's check bearing a forged countersignature; orCommentsClose CommentsPermalink





`(5) with unlawful intent, transports in interstate or foreign commerce, any tool, implement, or thing used or fitted to be used in falsely making, forging, altering, or counterfeiting any security or tax stamps, or any part thereof;CommentsClose CommentsPermalink





shall be imprisoned not more than ten years.CommentsClose CommentsPermalink

`Sec. 674. Sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps

`Whoever--CommentsClose CommentsPermalink





`(1) receives, possesses, conceals, stores, barters, sells, or disposes of any goods, wares, or merchandise, securities, or money of the value of $5,000 or more, or pledges or accepts as security for a loan any goods, wares, or merchandise, or securities, of the value of $500 or more, which have crossed a State or United States boundary after being stolen, unlawfully converted, or taken, knowing the same to have been stolen, unlawfully converted, or taken;CommentsClose CommentsPermalink





`(2) receives, possesses, conceals, stores, barters, sells, or disposes of any falsely made, forged, altered, or counterfeited securities or tax stamps, or pledges or accepts as security for a loan any falsely made, forged, altered, or counterfeited securities or tax stamps, moving as, or which are a part of, or which constitute interstate or foreign commerce, knowing the same to have been so falsely made, forged, altered, or counterfeited; orCommentsClose CommentsPermalink





`(3) receives in interstate or foreign commerce, or conceals, stores, barters, sells, or disposes of, any tool, implement, or thing used or intended to be used in falsely making, forging, altering, or counterfeiting any security or tax stamp, or any part thereof, moving as, or which is a part of, or which constitutes interstate or foreign commerce, knowing that the same is fitted to be used, or has been used, in falsely making, forging, altering, or counterfeiting any security or tax stamp, or any part thereof;CommentsClose CommentsPermalink





shall be imprisoned not more than ten years.CommentsClose CommentsPermalink

`Sec. 675. Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging

`(a) OFFENSE- Whoever, as made applicable by subsection (c), knowingly traffics in--CommentsClose CommentsPermalink





`(1) a counterfeit label or illicit label affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany--CommentsClose CommentsPermalink





`(A) a phonorecord;CommentsClose CommentsPermalink





`(B) a copy of a computer program;CommentsClose CommentsPermalink





`(C) a copy of a motion picture or other audiovisual work;CommentsClose CommentsPermalink





`(D) a copy of a literary work;CommentsClose CommentsPermalink





`(E) a copy of a pictorial, graphic, or sculptural work;CommentsClose CommentsPermalink





`(F) a work of visual art; orCommentsClose CommentsPermalink





`(G) documentation or packaging; orCommentsClose CommentsPermalink





`(2) counterfeit documentation or packaging, shall be fined under this title or imprisoned for not more than 5 years.CommentsClose CommentsPermalink





`(b) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the term `counterfeit label' means an identifying label or container that appears to be genuine, but is not;CommentsClose CommentsPermalink





`(2) the term `traffic' has the meaning givent that term in section 680;CommentsClose CommentsPermalink





`(3) the terms `copy', `phonorecord', `motion picture', `computer program', `audiovisual work', `literary work', `pictorial, graphic, or sculptural work', `sound recording', `work of visual art', and `copyright owner' have, respectively, the meanings given those terms in section 101 (relating to definitions) of title 17;CommentsClose CommentsPermalink





`(4) the term `illicit label' means a genuine certificate, licensing document, registration card, or similar labeling component--CommentsClose CommentsPermalink





`(A) that is used by the copyright owner to verify that a phonorecord, a copy of a computer program, a copy of a motion picture or other audiovisual work, a copy of a literary work, a copy of a pictorial, graphic, or sculptural work, a work of visual art, or documentation or packaging is not counterfeit or infringing of any copyright; andCommentsClose CommentsPermalink





`(B) that is, without the authorization of the copyright owner--CommentsClose CommentsPermalink





`(i) distributed or intended for distribution not in connection with the copy, phonorecord, or work of visual art to which such labeling component was intended to be affixed by the respective copyright owner; orCommentsClose CommentsPermalink





`(ii) in connection with a genuine certificate or licensing document, knowingly falsified in order to designate a higher number of licensed users or copies than authorized by the copyright owner, unless that certificate or document is used by the copyright owner solely for the purpose of monitoring or tracking the copyright owner's distribution channel and not for the purpose of verifying that a copy or phonorecord is noninfringing;CommentsClose CommentsPermalink





`(5) the term `documentation or packaging' means documentation or packaging, in physical form, for a phonorecord, copy of a computer program, copy of a motion picture or other audiovisual work, copy of a literary work, copy of a pictorial, graphic, or sculptural work, or work of visual art; andCommentsClose CommentsPermalink





`(6) the term `counterfeit documentation or packaging' means documentation or packaging that appears to be genuine, but is not.CommentsClose CommentsPermalink





`(c) APPLICATION- Subsection (a) applies if--CommentsClose CommentsPermalink





`(1) the offense is committed within the special maritime and territorial jurisdiction of the United States; or within the special aircraft jurisdiction of the United States (as defined in section 46501 of title 49);CommentsClose CommentsPermalink





`(2) the mail or a facility of interstate or foreign commerce is used or intended to be used in the commission of the offense;CommentsClose CommentsPermalink





`(3) the counterfeit label or illicit label is affixed to, encloses, or accompanies, or is designed to be affixed to, enclose, or accompany--CommentsClose CommentsPermalink





`(A) a phonorecord of a copyrighted sound recording or copyrighted musical work;CommentsClose CommentsPermalink





`(B) a copy of a copyrighted computer program;CommentsClose CommentsPermalink





`(C) a copy of a copyrighted motion picture or other audiovisual work;CommentsClose CommentsPermalink





`(D) a copy of a literary work;CommentsClose CommentsPermalink





`(E) a copy of a pictorial, graphic, or sculptural work;CommentsClose CommentsPermalink





`(F) a work of visual art; orCommentsClose CommentsPermalink





`(G) copyrighted documentation or packaging; orCommentsClose CommentsPermalink





`(4) the counterfeited documentation or packaging is copyrighted.CommentsClose CommentsPermalink





`(d) FORFEITURE- When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all counterfeit labels or illicit labels and all articles to which counterfeit labels or illicit labels have been affixed or which were intended to have had such labels affixed, and of any equipment, device, or material used to manufacture, reproduce, or assemble the counterfeit labels or illicit labels.CommentsClose CommentsPermalink





`(e) APPLICATION OF SECTION 509 OF TITLE XVII- Except to the extent they are inconsistent with the provisions of this title, all provisions of section 509, title 17, are applicable to violations of subsection (a).CommentsClose CommentsPermalink





`(f) Civil Remedies-CommentsClose CommentsPermalink





`(1) In general- Any copyright owner who is injured, or is threatened with injury, by a violation of subsection (a) may bring a civil action in an appropriate United States district court.CommentsClose CommentsPermalink





`(2) Discretion of court- In any action brought under paragraph (1), the court--CommentsClose CommentsPermalink





`(A) may grant 1 or more temporary or permanent injunctions on such terms as the court determines to be reasonable to prevent or restrain a violation of subsection (a);CommentsClose CommentsPermalink





`(B) at any time while the action is pending, may order the impounding, on such terms as the court determines to be reasonable, of any article that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in a violation of subsection (a); andCommentsClose CommentsPermalink





`(C) may award to the injured party--CommentsClose CommentsPermalink





`(i) reasonable attorney fees and costs; andCommentsClose CommentsPermalink





`(ii)(I) actual damages and any additional profits of the violator, as provided in paragraph (3); orCommentsClose CommentsPermalink





`(II) statutory damages, as provided in paragraph (4).CommentsClose CommentsPermalink





`(3) Actual damages and profits-CommentsClose CommentsPermalink





`(A) In general- The injured party is entitled to recover--CommentsClose CommentsPermalink





`(i) the actual damages suffered by the injured party as a result of a violation of subsection (a), as provided in subparagraph (B) of this paragraph; andCommentsClose CommentsPermalink





`(ii) any profits of the violator that are attributable to a violation of subsection (a) and are not taken into account in computing the actual damages.CommentsClose CommentsPermalink





`(B) Calculation of damages- The court shall calculate actual damages by multiplying--CommentsClose CommentsPermalink





`(i) the value of the phonorecords, copies, or works of visual art which are, or are intended to be, affixed with, enclosed in, or accompanied by any counterfeit labels, illicit labels, or counterfeit documentation or packaging, byCommentsClose CommentsPermalink





`(ii) the number of phonorecords, copies, or works of visual art which are, or are intended to be, affixed with, enclosed in, or accompanied by any counterfeit labels, illicit labels, or counterfeit documentation or packaging.CommentsClose CommentsPermalink





`(C) Definition- For purposes of this paragraph, the `value' of a phonorecord, copy, or work of visual art is--CommentsClose CommentsPermalink





`(i) in the case of a copyrighted sound recording or copyrighted musical work, the retail value of an authorized phonorecord of that sound recording or musical work;CommentsClose CommentsPermalink





`(ii) in the case of a copyrighted computer program, the retail value of an authorized copy of that computer program;CommentsClose CommentsPermalink





`(iii) in the case of a copyrighted motion picture or other audiovisual work, the retail value of an authorized copy of that motion picture or audiovisual work;CommentsClose CommentsPermalink





`(iv) in the case of a copyrighted literary work, the retail value of an authorized copy of that literary work;CommentsClose CommentsPermalink





`(v) in the case of a pictorial, graphic, or sculptural work, the retail value of an authorized copy of that work; andCommentsClose CommentsPermalink





`(vi) in the case of a work of visual art, the retail value of that work.CommentsClose CommentsPermalink





`(4) Statutory damages- The injured party may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for each violation of subsection (a) in a sum of not less than $2,500 or more than $25,000, as the court considers appropriate.CommentsClose CommentsPermalink





`(5) Subsequent violation- The court may increase an award of damages under this subsection by 3 times the amount that would otherwise be awarded, as the court considers appropriate, if the court finds that a person has subsequently violated subsection (a) within 3 years after a final judgment was entered against that person for a violation of that subsection.CommentsClose CommentsPermalink





`(6) Limitation on actions- A civil action may not be commenced under section unless it is commenced within 3 years after the date on which the claimant discovers the violation of subsection (a).CommentsClose CommentsPermalink

`Sec. 676. Criminal infringement of a copyright

`(a) Section 506A Offenses In General- Whoever violates section 506(a) (relating to criminal offenses) of title 17 shall be punished as provided in subsections (b), (c), and (d) and such penalties shall be in addition to any other provisions of title 17 or any other law.CommentsClose CommentsPermalink





`(b) SUBSECTION (a)(1)(A) OFFENSES- Whoever commits an offense under section 506(a)(1)(A) of title 17--CommentsClose CommentsPermalink





`(1) shall be imprisoned not more than 5 years, if the offense consists of the reproduction or distribution, including by electronic means, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, which have a total retail value of more than $2,500;CommentsClose CommentsPermalink





`(2) shall be imprisoned not more than 10 years if the offense is a second or subsequent offense under paragraph (1); andCommentsClose CommentsPermalink





`(3) shall be imprisoned not more than 1 year in any other case.CommentsClose CommentsPermalink





`(c) SUBSECTION (a)(1)(B) OFFENSES- Whoever commits an offense under section 506(a)(1)(B) of title 17--CommentsClose CommentsPermalink





`(1) shall be imprisoned not more than 3 years, if the offense consists of the reproduction or distribution of 10 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of $2,500 or more;CommentsClose CommentsPermalink





`(2) shall be imprisoned not more than 6 years, or if the offense is a second or subsequent offense under paragraph (1); andCommentsClose CommentsPermalink





`(3) shall be imprisoned not more than 1 year, or if the offense consists of the reproduction or distribution of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000.CommentsClose CommentsPermalink





`(d) SUBSECTION (a)(1)(C) OFFENSES- Whoever commits an offense under section 506(a)(1)(C) of title 17--CommentsClose CommentsPermalink





`(1) shall be imprisoned not more than 3 years;CommentsClose CommentsPermalink





`(2) shall be imprisoned not more than 5 years if the offense was committed for purposes of commercial advantage or private financial gain;CommentsClose CommentsPermalink





`(3) shall be imprisoned not more than 6 years if the offense is a second or subsequent offense; andCommentsClose CommentsPermalink





`(4) shall be imprisoned not more than 10 years if the offense is a second or subsequent offense under paragraph (2).CommentsClose CommentsPermalink





`(e) VICTIM IMPACT-CommentsClose CommentsPermalink





`(1) IN GENERAL- During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.CommentsClose CommentsPermalink





`(2) PERSONS PERMITTED TO SUBMIT- Persons permitted to submit victim impact statements shall include--CommentsClose CommentsPermalink





`(A) producers and sellers of legitimate works affected by conduct involved in the offense;CommentsClose CommentsPermalink





`(B) holders of intellectual property rights in such works; andCommentsClose CommentsPermalink





`(C) the legal representatives of such producers, sellers, and holders.CommentsClose CommentsPermalink





`(f) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the terms `phonorecord' and `copies' have, respectively, the meanings set forth in section 101 (relating to definitions) of title 17;CommentsClose CommentsPermalink





`(2) the terms `reproduction' and `distribution' refer to the exclusive rights of a copyright owner under clauses (1) and (3) respectively of section 106 (relating to exclusive rights in copyrighted works), as limited by sections 107 through 122, of title 17;CommentsClose CommentsPermalink





`(3) the term `financial gain' has the meaning given the term in section 101 of title 17; andCommentsClose CommentsPermalink





`(4) the term `work being prepared for commercial distribution' has the meaning given the term in section 506(a) of title 17.CommentsClose CommentsPermalink

`Sec. 677. Copyright infringement

`(a) Criminal Infringement-CommentsClose CommentsPermalink





`(1) In general- Any person who knowingly infringes a copyright shall be punished as provided under section 676, if the infringement was committed--CommentsClose CommentsPermalink





`(A) for purposes of commercial advantage or private financial gain;CommentsClose CommentsPermalink





`(B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; orCommentsClose CommentsPermalink





`(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.CommentsClose CommentsPermalink





`(2) Evidence- For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish knowing infringement of a copyright.CommentsClose CommentsPermalink





`(3) Definition- In this subsection, the term `work being prepared for commercial distribution' means--CommentsClose CommentsPermalink





`(A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution--CommentsClose CommentsPermalink





`(i) the copyright owner has a reasonable expectation of commercial distribution; andCommentsClose CommentsPermalink





`(ii) the copies or phonorecords of the work have not been commercially distributed; orCommentsClose CommentsPermalink





`(B) a motion picture, if, at the time of unauthorized distribution, the motion picture--CommentsClose CommentsPermalink





`(i) has been made available for viewing in a motion picture exhibition facility; andCommentsClose CommentsPermalink





`(ii) has not been made available in copies for sale to the general public in the United States in a format intended to permit viewing outside a motion picture exhibition facility.CommentsClose CommentsPermalink





`(b) Forfeiture and Destruction- When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all infringing copies or phonorecords and all implements, devices, or equipment used in the manufacture of such infringing copies or phonorecords.CommentsClose CommentsPermalink





`(c) Fraudulent Copyright Notice- Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500.CommentsClose CommentsPermalink





`(d) Fraudulent Removal of Copyright Notice- Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500.CommentsClose CommentsPermalink





`(e) False Representation- Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409 of title 17, or in any written statement filed in connection with the application, shall be fined not more than $2,500.CommentsClose CommentsPermalink





`(f) Rights of Attribution and Integrity- Nothing in this section applies to infringement of the rights conferred by section 106A(a) of title 17.CommentsClose CommentsPermalink

`Sec. 678. Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances

`(a) Offense- Whoever, without the consent of the performer or performers involved, knowingly and for purposes of commercial advantage or private financial gain--CommentsClose CommentsPermalink





`(1) fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation;CommentsClose CommentsPermalink





`(2) transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance; orCommentsClose CommentsPermalink





`(3) distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord fixed as described in paragraph (1), regardless of whether the fixations occurred in the United States;CommentsClose CommentsPermalink





shall be imprisoned for not more than 5 years or if the offense is a second or subsequent offense, shall be imprisoned for not more than 10 years.CommentsClose CommentsPermalink





`(b) Forfeiture and Destruction- When a person is convicted of a violation of subsection (a), the court shall order the forfeiture and destruction of any copies or phonorecords created in violation thereof, as well as any plates, molds, matrices, masters, tapes, and film negatives by means of which such copies or phonorecords may be made. The court may also, in its discretion, order the forfeiture and destruction of any other equipment by means of which such copies or phonorecords may be reproduced, taking into account the nature, scope, and proportionality of the use of the equipment in the offense.CommentsClose CommentsPermalink





`(c) Seizure and Forfeiture- If copies or phonorecords of sounds or sounds and images of a live musical performance are fixed outside of the United States without the consent of the performer or performers involved, such copies or phonorecords are subject to seizure and forfeiture in the United States in the same manner as property imported in violation of the customs laws. The Secretary of the Treasury shall, not later than 60 days after the date of the enactment of the Uruguay Round Agreements Act, issue regulations to carry out this subsection, including regulations by which any performer may, upon payment of a specified fee, be entitled to notification by the United States Customs Service of the importation of copies or phonorecords that appear to consist of unauthorized fixations of the sounds or sounds and images of a live musical performance.CommentsClose CommentsPermalink





`(d) Victim Impact Statement- (1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.CommentsClose CommentsPermalink





`(2) Persons permitted to submit victim impact statements shall include--CommentsClose CommentsPermalink





`(A) producers and sellers of legitimate works affected by conduct involved in the offense;CommentsClose CommentsPermalink





`(B) holders of intellectual property rights in such works; andCommentsClose CommentsPermalink





`(C) the legal representatives of such producers, sellers, and holders.CommentsClose CommentsPermalink





`(e) Definitions- As used in this section--CommentsClose CommentsPermalink





`(1) the terms `copy', `fixed', `musical work', `phonorecord', `reproduce', `sound recordings', and `transmit' mean those terms within the meaning of title 17; andCommentsClose CommentsPermalink





`(2) the term `traffic' has the meaning given that term in section 680.CommentsClose CommentsPermalink





`(f) Applicability- This section shall apply to any conduct that occurs on or after the date of the enactment of the Uruguay Round Agreements Act.CommentsClose CommentsPermalink

`Sec. 679. Unauthorized recording of motion pictures in a motion picture exhibition facility

`(a) Offense- Any person who, without the authorization of the copyright owner, knowingly uses or attempts to use an audiovisual recording device to transmit or make a copy of a motion picture or other audiovisual work protected under title 17, or any part thereof, from a performance of such work in a motion picture exhibition facility, shall--CommentsClose CommentsPermalink





`(1) be imprisoned for not more than 3 years; orCommentsClose CommentsPermalink





`(2) if the offense is a second or subsequent offense, be imprisoned for no more than 6 years.CommentsClose CommentsPermalink





The possession by a person of an audiovisual recording device in a motion picture exhibition facility may be considered as evidence in any proceeding to determine whether that person committed an offense under this subsection, but shall not, by itself, be sufficient to support a conviction of that person for such offense.CommentsClose CommentsPermalink





`(b) Forfeiture and Destruction- When a person is convicted of a violation of subsection (a), the court in its judgment of conviction shall, in addition to any penalty provided, order the forfeiture and destruction or other disposition of all unauthorized copies of motion pictures or other audiovisual works protected under title 17, or parts thereof, and any audiovisual recording devices or other equipment used in connection with the offense.CommentsClose CommentsPermalink





`(c) Authorized Activities- This section does not prevent any lawfully authorized investigative, protective, or intelligence activity by an officer, agent, or employee of the United States, a State, or a political subdivision of a State, or by a person acting under a contract with the United States, a State, or a political subdivision of a State.CommentsClose CommentsPermalink





`(d) Immunity for Theaters- With reasonable cause, the owner or lessee of a motion picture exhibition facility where a motion picture or other audiovisual work is being exhibited, the authorized agent or employee of such owner or lessee, the licensor of the motion picture or other audiovisual work being exhibited, or the agent or employee of such licensor--CommentsClose CommentsPermalink





`(1) may detain, in a reasonable manner and for a reasonable time, any person suspected of a violation of this section with respect to that motion picture or audiovisual work for the purpose of questioning or summoning a law enforcement officer; andCommentsClose CommentsPermalink





`(2) shall not be held liable in any civil or criminal action arising out of a detention under paragraph (1).CommentsClose CommentsPermalink





`(e) Victim Impact Statement-CommentsClose CommentsPermalink





`(1) In general- During the preparation of the presentence report under rule 32(c) of the Federal Rules of Criminal Procedure, victims of an offense under this section shall be permitted to submit to the probation officer a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.CommentsClose CommentsPermalink





`(2) Contents- A victim impact statement submitted under this subsection shall include--CommentsClose CommentsPermalink





`(A) producers and sellers of legitimate works affected by conduct involved in the offense;CommentsClose CommentsPermalink





`(B) holders of intellectual property rights in the works described in subparagraph (A); andCommentsClose CommentsPermalink





`(C) the legal representatives of such producers, sellers, and holders.CommentsClose CommentsPermalink





`(f) State Law Not Preempted- Nothing in this section may be construed to annul or limit any rights or remedies under the laws of any State.CommentsClose CommentsPermalink





`(g) Definitions- In this section, the following definitions shall apply:CommentsClose CommentsPermalink





`(1) Title 17 definitions- The terms `audiovisual work', `copy', `copyright owner', `motion picture', `motion picture exhibition facility', and `transmit' have, respectively, the meanings given those terms in section 101 of title 17.CommentsClose CommentsPermalink





`(2) Audiovisual recording device- The term `audiovisual recording device' means a digital or analog photographic or video camera, or any other technology or device capable of enabling the recording or transmission of a copyrighted motion picture or other audiovisual work, or any part thereof, regardless of whether audiovisual recording is the sole or primary purpose of the device.CommentsClose CommentsPermalink

`Sec. 680. Trafficking in counterfeit goods or services

`(a) Whoever intentionally traffics or attempts to traffic in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services, or intentionally traffics or attempts to traffic in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive, shall, if an individual, be fined not more than $2,000,000 or imprisoned not more than 10 years, or both, and, if a person other than an individual, be fined not more than $5,000,000. In the case of an offense by a person under this section that occurs after that person is convicted of another offense under this section, the person convicted, if an individual, shall be fined not more than $5,000,000 or imprisoned not more than 20 years, or both, and if other than an individual, shall be fined not more than $15,000,000.CommentsClose CommentsPermalink





`(b)(1) The following property shall be subject to forfeiture to the United States and no property right shall exist in such property:CommentsClose CommentsPermalink





`(A) Any article bearing or consisting of a counterfeit mark used in committing a violation of subsection (a).CommentsClose CommentsPermalink





`(B) Any property used, in any manner or part, to commit or to facilitate the commission of a violation of subsection (a).CommentsClose CommentsPermalink





`(2) The provisions of chapter 46 of this title relating to civil forfeitures, including section 983 of this title, shall extend to any seizure or civil forfeiture under this section. At the conclusion of the forfeiture proceedings, the court, unless otherwise requested by an agency of the United States, shall order that any forfeited article bearing or consisting of a counterfeit mark be destroyed or otherwise disposed of according to law.CommentsClose CommentsPermalink





`(3)(A) The court, in imposing sentence on a person convicted of an offense under this section, shall order, in addition to any other sentence imposed, that the person forfeit to the United States--CommentsClose CommentsPermalink





`(i) any property constituting or derived from any proceeds the person obtained, directly or indirectly, as the result of the offense;CommentsClose CommentsPermalink





`(ii) any of the person's property used, or intended to be used, in any manner or part, to commit, facilitate, aid, or abet the commission of the offense; andCommentsClose CommentsPermalink





`(iii) any article that bears or consists of a counterfeit mark used in committing the offense.CommentsClose CommentsPermalink





`(B) The forfeiture of property under subparagraph (A), including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the procedures set forth in section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than subsection (d) of that section. Notwithstanding section 413(h) of that Act, at the conclusion of the forfeiture proceedings, the court shall order that any forfeited article or component of an article bearing or consisting of a counterfeit mark be destroyed.CommentsClose CommentsPermalink





`(4) When a person is convicted of an offense under this section, the court, pursuant to sections 3556, 3663A, and 3664, shall order the person to pay restitution to the owner of the mark and any other victim of the offense as an offense against property referred to in section 3663A(c)(1)(A)(ii).CommentsClose CommentsPermalink





`(5) The term `victim', as used in paragraph (4), has the meaning given that term in section 3663A(a)(2).CommentsClose CommentsPermalink





`(c) All defenses, affirmative defenses, and limitations on remedies that would be applicable in an action under the Lanham Act shall be applicable in a prosecution under this section. In a prosecution under this section, the defendant shall have the burden of proof, by a preponderance of the evidence, of any such affirmative defense.CommentsClose CommentsPermalink





`(d)(1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.CommentsClose CommentsPermalink





`(2) Persons permitted to submit victim impact statements shall include--CommentsClose CommentsPermalink





`(A) producers and sellers of legitimate goods or services affected by conduct involved in the offense;CommentsClose CommentsPermalink





`(B) holders of intellectual property rights in such goods or services; andCommentsClose CommentsPermalink





`(C) the legal representatives of such producers, sellers, and holders.CommentsClose CommentsPermalink





`(e) For the purposes of this section--CommentsClose CommentsPermalink





`(1) the term `counterfeit mark' means--CommentsClose CommentsPermalink





`(A) a spurious mark--CommentsClose CommentsPermalink





`(i) that is used in connection with trafficking in any goods, services, labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature;CommentsClose CommentsPermalink





`(ii) that is identical with, or substantially indistinguishable from, a mark registered on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered;CommentsClose CommentsPermalink





`(iii) that is applied to or used in connection with the goods or services for which the mark is registered with the United States Patent and Trademark Office, or is applied to or consists of a label, patch, sticker, wrapper, badge, emblem, medallion, charm, box, container, can, case, hangtag, documentation, or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods or services for which the mark is registered in the United States Patent and Trademark Office; andCommentsClose CommentsPermalink





`(iv) the use of which is likely to cause confusion, to cause mistake, or to deceive; orCommentsClose CommentsPermalink





`(B) a spurious designation that is identical with, or substantially indistinguishable from, a designation as to which the remedies of the Lanham Act are made available by reason of section 220506 of title 36CommentsClose CommentsPermalink





but such term does not include any mark or designation used in connection with goods or services, or a mark or designation applied to labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature used in connection with such goods or services, of which the manufacturer or producer was, at the time of the manufacture or production in question, authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation.CommentsClose CommentsPermalink





`(2) the term `traffic' means to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of;CommentsClose CommentsPermalink





`(3) the term `financial gain' includes the receipt, or expected receipt, of anything of value; andCommentsClose CommentsPermalink





`(4) the term `Lanham Act' means the Act entitled `An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes', approved July 5, 1946 (15 U.S.C. 1051 et seq.).CommentsClose CommentsPermalink





`(f) Nothing in this section shall entitle the United States to bring a criminal cause of action under this section for the repackaging of genuine goods or services not intended to deceive or confuse.CommentsClose CommentsPermalink





`(g)(1) Beginning with the first year after the date of enactment of this subsection, the Attorney General shall include in the report of the Attorney General to Congress on the business of the Department of Justice prepared pursuant to section 522 of title 28, an accounting, on a district by district basis, of the following with respect to all actions taken by the Department of Justice that involve trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, copies of motion pictures or other audiovisual works (as defined in section 2318 of this title), criminal infringement of copyrights (as defined in section 2319 of this title), unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances (as defined in section 2319A of this title), or trafficking in goods or services bearing counterfeit marks (as defined in section 2320 of this title):CommentsClose CommentsPermalink





`(A) The number of open investigations.CommentsClose CommentsPermalink





`(B) The number of cases referred by the United States Customs Service.CommentsClose CommentsPermalink





`(C) The number of cases referred by other agencies or sources.CommentsClose CommentsPermalink





`(D) The number and outcome, including settlements, sentences, recoveries, and penalties, of all prosecutions brought under sections 2318, 2319, 2319A, and 2320 of title 18.CommentsClose CommentsPermalink





`(2)(A) The report under paragraph (1), with respect to criminal infringement of copyright, shall include the following:CommentsClose CommentsPermalink





`(i) The number of infringement cases in these categories: audiovisual (videos and films); audio (sound recordings); literary works (books and musical compositions); computer programs; video games; and, others.CommentsClose CommentsPermalink





`(ii) The number of online infringement cases.CommentsClose CommentsPermalink





`(iii) The number and dollar amounts of fines assessed in specific categories of dollar amounts. These categories shall be: no fines ordered; fines under $500; fines from $500 to $1,000; fines from $1,000 to $5,000; fines from $5,000 to $10,000; and fines over $10,000.CommentsClose CommentsPermalink





`(iv) The total amount of restitution ordered in all copyright infringement cases.CommentsClose CommentsPermalink





`(B) In this paragraph, the term `online infringement cases' as used in paragraph (2) means those cases where the infringer--CommentsClose CommentsPermalink





`(i) advertised or publicized the infringing work on the Internet; orCommentsClose CommentsPermalink





`(ii) made the infringing work available on the Internet for download, reproduction, performance, or distribution by other persons.CommentsClose CommentsPermalink





`(C) The information required under subparagraph (A) shall be submitted in the report required in fiscal year 2005 and thereafter.CommentsClose CommentsPermalink

`Sec. 681. Trafficking in certain motor vehicles or motor vehicle parts

`(a) OFFENSE- Whoever buys, receives, possesses, or obtains control of, with intent to sell or otherwise dispose of, a motor vehicle or motor vehicle part, knowing that an identification number for such motor vehicle or part has been removed, obliterated, tampered with, or altered, shall be imprisoned not more than ten years.CommentsClose CommentsPermalink





`(b) NONAPPLICABILITY- Subsection (a) does not apply if the removal, obliteration, tampering, or alteration--CommentsClose CommentsPermalink





`(1) is caused by collision or fire; orCommentsClose CommentsPermalink





`(2) is not a violation of section 718.CommentsClose CommentsPermalink





`(c) DEFINITIONS- As used in this section, the terms `identification number' and `motor vehicle' have the meaning given those terms in section 718.CommentsClose CommentsPermalink

`Sec. 682. Chop shops

`(a) In General-CommentsClose CommentsPermalink





`(1) Unlawful action- Any person who knowingly owns, operates, maintains, or controls a chop shop or conducts operations in a chop shop shall be punished by imprisonment for not more than 15 years. If a conviction of a person under this paragraph is for a violation committed after the first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to any fine and imprisonment.CommentsClose CommentsPermalink





`(2) Injunctions- The Attorney General shall, as appropriate, in the case of any person who violates paragraph (1), commence a civil action for permanent or temporary injunction to restrain such violation.CommentsClose CommentsPermalink





`(b) Definition- For purposes of this section, the term `chop shop' means any building, lot, facility, or other structure or premise where one or more persons engage in receiving, concealing, destroying, disassembling, dismantling, reassembling, or storing any passenger motor vehicle or passenger motor vehicle part which has been unlawfully obtained in order to alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity, including the vehicle identification number or derivative thereof, of such vehicle or vehicle part and to distribute, sell, or dispose of such vehicle or vehicle part in interstate or foreign commerce.CommentsClose CommentsPermalink

`SUBCHAPTER C--COUNTERFEITING AND FORGERY

`Sec.CommentsClose CommentsPermalink

`691. Counterfeit acts committed outside the United States.CommentsClose CommentsPermalink





`692. Obligations or securities of United States.CommentsClose CommentsPermalink





`693. Uttering counterfeit obligations or securities.CommentsClose CommentsPermalink





`694. Dealing in counterfeit obligations or securities.CommentsClose CommentsPermalink





`695. Plates, stones, or analog, digital, or electronic images for counterfeiting obligations or securities.CommentsClose CommentsPermalink





`696. Deterrents to counterfeiting of obligations and securities.CommentsClose CommentsPermalink





`697. Taking impressions of tools used for obligations or securities.CommentsClose CommentsPermalink





`698. Possessing or selling impressions of tools used for obligations or securities.CommentsClose CommentsPermalink





`699. Foreign obligations or securities.CommentsClose CommentsPermalink





`700. Uttering counterfeit foreign obligations or securities.CommentsClose CommentsPermalink





`701. Possessing counterfeit foreign obligations or securities.CommentsClose CommentsPermalink





`702. Plates, stones, or analog, digital, or electronic images for counterfeiting foreign obligations or securities.CommentsClose CommentsPermalink





`703. Uttering counterfeit foreign bank notes.CommentsClose CommentsPermalink





`704. Connecting parts of different notes.CommentsClose CommentsPermalink





`705. Tokens or paper used as money.CommentsClose CommentsPermalink





`706. Forfeiture of counterfeit paraphernalia.CommentsClose CommentsPermalink





`707. Bonds and obligations of certain lending agencies.CommentsClose CommentsPermalink





`708. Contracts, deeds, and powers of attorney.CommentsClose CommentsPermalink





`709. Military or naval discharge certificates.CommentsClose CommentsPermalink





`710. Military, naval, or official passes.CommentsClose CommentsPermalink





`711. Money orders.CommentsClose CommentsPermalink





`712. Postage stamps, postage meter stamps, and postal cards.CommentsClose CommentsPermalink





`713. Printing and filming of United States and foreign obligations and securities.CommentsClose CommentsPermalink





`714. Seals of courts; signatures of judges or court officers.CommentsClose CommentsPermalink





`715. Seals of departments or agencies.CommentsClose CommentsPermalink





`716. Forging endorsements on Treasury checks or bonds or securities of the United States.CommentsClose CommentsPermalink





`717. Altering or removing motor vehicle identification numbers.CommentsClose CommentsPermalink





`718. Securities of the States and private entities.CommentsClose CommentsPermalink





`719. Fictitious obligations.CommentsClose CommentsPermalink

`Sec. 691. Counterfeit acts committed outside the United States

`Whoever outside the United States, engages in the act of--CommentsClose CommentsPermalink





`(1) making, dealing, or possessing any counterfeit obligation or other security of the United States; orCommentsClose CommentsPermalink





`(2) making, dealing, or possessing any plate, stone, analog, digital, or electronic image, or other thing, or any part thereof, used to counterfeit such obligation or security,CommentsClose CommentsPermalink





if such act would constitute a violation of section 692, 693, or 694 if committed within the United States, shall be punished as is provided for the like offense within the United States.CommentsClose CommentsPermalink

`Sec. 692. Obligations or securities of United States

`Whoever, with intent to defraud, falsely makes, forges, counterfeits, or alters any obligation or other security of the United States, shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink

`Sec. 693. Uttering counterfeit obligations or securities

`Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or with like intent brings into the United States or keeps in possession or conceals any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink

`Sec. 694. Dealing in counterfeit obligations or securities

`Whoever buys, sells, exchanges, transfers, receives, or delivers any false, forged, counterfeited, or altered obligation or other security of the United States, with the intent that the same be passed, published, or used as true and genuine, shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink

`Sec. 695. Plates, stones, or analog, digital, or electronic images for counterfeiting obligations or securities

`(a) OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) having control, custody, or possession of any plate, stone, or other thing, or any part thereof, from which has been printed, or which may be prepared by direction of the Secretary of the Treasury for the purpose of printing, any obligation or other security of the United States, uses such plate, stone, or other thing, or any part thereof, or knowingly suffers the same to be used for the purpose of printing any such or similar obligation or other security, or any part thereof, except as may be printed for the use of the United States by order of the proper officer thereof;CommentsClose CommentsPermalink





`(2) makes or executes any plate, stone, or other thing in the likeness of any plate designated for the printing of such obligation or other security;CommentsClose CommentsPermalink





`(3) with intent to defraud, makes, executes, acquires, scans,captures, records, receives, transmits, reproduces, sells, or has in such person's control, custody, or possession, an analog, digital, or electronic image of any obligation or other security of the United States;CommentsClose CommentsPermalink





`(4) sells any such plate, stone, or other thing, or brings into the United States any such plate, stone, or other thing, except under the direction of the Secretary of the Treasury or other proper officer, or with any other intent, in either case, than that such plate, stone, or other thing be used for the printing of the obligations or other securities of the United States;CommentsClose CommentsPermalink





`(5) has in his control, custody, or possession any plate, stone, or other thing in any manner made after or in the similitude of any plate, stone, or other thing, from which any such obligation or other security has been printed, with intent to use such plate, stone, or other thing, or to suffer the same to be used in forging or counterfeiting any such obligation or other security, or any part thereof;CommentsClose CommentsPermalink





`(6) has in his possession or custody, except under authority from the Secretary of the Treasury or other proper officer, any obligation or other security made or executed, in whole or in part, after the similitude of any obligation or other security issued under the authority of the United States, with intent to sell or otherwise use the same; orCommentsClose CommentsPermalink





`(7) prints, photographs, or in any other manner makes or executes any engraving, photograph, print, or impression in the likeness of any such obligation or other security, or any part thereof, or sells any such engraving, photograph, print, or impression, except to the United States, or brings into the United States, any such engraving, photograph, print, or impression, except by direction of some proper officer of the United States;CommentsClose CommentsPermalink





shall be imprisoned not more than 25 years.CommentsClose CommentsPermalink





`(b) DEFINITION- For purposes of this section, the term `analog, digital, or electronic image' includes any analog, digital, or electronic method used for the making, execution, acquisition, scanning, capturing, recording, retrieval, transmission, or reproduction of any obligation or security, unless such use is authorized by the Secretary of the Treasury. The Secretary shall establish a system (pursuant to section 504) to ensure that the legitimate use of such electronic methods and retention of such reproductions by businesses, hobbyists, press and others shall not be unduly restricted.CommentsClose CommentsPermalink

`Sec. 696. Deterrents to counterfeiting of obligations and securities

`(a) OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) has in his control or possession, after a distinctive paper has been adopted by the Secretary of the Treasury for the obligations and other securities of the United States, any similar paper adapted to the making of any such obligation or other security, except under the authority of the Secretary of the Treasury; orCommentsClose CommentsPermalink





`(2) has in his control or possession, after a distinctive counterfeit deterrent has been adopted by the Secretary of the Treasury for the obligations and other securities of the United States by publication in the Federal Register, any essentially identical feature or device adapted to the making of any such obligation or security, except under the authority of the Secretary of the Treasury;CommentsClose CommentsPermalink





shall be imprisoned for not more than 25 years.CommentsClose CommentsPermalink





`(b) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the term `distinctive paper' includes any distinctive medium of which currency is made, whether of wood pulp, rag, plastic substrate, or other natural or artificial fibers or materials; andCommentsClose CommentsPermalink





`(2) the term `distinctive counterfeit deterrent' includes any ink, watermark, seal, security thread, optically variable device, or other feature or device;CommentsClose CommentsPermalink





`(A) in which the United States has an exclusive property interest; orCommentsClose CommentsPermalink





`(B) which is not otherwise in commercial use or in the public domain and which the Secretary designates as being necessary in preventing the counterfeiting of obligations or other securities of the United States.CommentsClose CommentsPermalink

`Sec. 697. Taking impressions of tools used for obligations or securities

`Whoever, without authority from the United States, takes, procures, or makes an impression, stamp, analog, digital, or electronic image, or imprint of, from or by the use of any tool, implement, instrument, or thing used or fitted or intended to be used in printing, stamping, or impressing, or in making other tools, implements, instruments, or things to be used or fitted or intended to be used in printing, stamping, or impressing any obligation or other security of the United States, shall be imprisoned not more than 25 years.CommentsClose CommentsPermalink

`Sec. 698. Possessing or selling impressions of tools used for obligations or securities

`Whoever--CommentsClose CommentsPermalink





`(1) with intent to defraud, possesses, keeps, safeguards, or controls, without authority from the United States, any imprint, stamp, analog, digital, or electronic image, or impression, taken or made upon any substance or material whatsoever, of any tool, implement, instrument or thing, used, fitted or intended to be used, for any of the purposes mentioned in section 476 of this title; orCommentsClose CommentsPermalink





`(2) with intent to defraud, sells, gives, or delivers any such imprint, stamp, analog, digital, or electronic image, or impression to any other person;CommentsClose CommentsPermalink





shall be imprisoned not more than 25 years.CommentsClose CommentsPermalink

`Sec. 699. Foreign obligations or securities

`Whoever, within the United States, with intent to defraud, falsely makes, alters, forges, or counterfeits any bond, certificate, obligation, or other security of any foreign government, purporting to be or in imitation of any such security issued under the authority of such foreign government, or any treasury note, bill, or promise to pay, lawfully issued by such foreign government and intended to circulate as money, shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink

`Sec. 700. Uttering counterfeit foreign obligations or securities

`Whoever, within the United States, knowingly and with intent to defraud, utters, passes, or puts off, in payment or negotiation, any false, forged, or counterfeited bond, certificate, obligation, security, treasury note, bill, or promise to pay, mentioned in section 478 of this title, whether or not the same was made, altered, forged, or counterfeited within the United States, shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink

`Sec. 701. Possessing counterfeit foreign obligations or securities

`Whoever, within the United States, knowingly and with intent to defraud, possesses or delivers any false, forged, or counterfeit bond, certificate, obligation, security, treasury note, bill, promise to pay, bank note, or bill issued by a bank or corporation of any foreign country, shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink

`Sec. 702. Plates, stones, or analog, digital, or electronic images for counterfeiting foreign obligations or securities

`Whoever--CommentsClose CommentsPermalink





`(1) within the United States except by lawful authority, controls, holds, or possesses any plate, stone, or other thing, or any part thereof, from which has been printed or may be printed any counterfeit note, bond, obligation, or other security, in whole or in part, of any foreign government, bank, or corporation, or uses such plate, stone, or other thing, or knowingly permits or suffers the same to be used in counterfeiting such foreign obligations, or any part thereof;CommentsClose CommentsPermalink





`(2) except by lawful authority, makes or engraves any plate, stone, or other thing in the likeness or similitude of any plate, stone, or other thing designated for the printing of the genuine issues of the obligations of any foreign government, bank, or corporation;CommentsClose CommentsPermalink





`(3) with intent to defraud, makes, executes, acquires, scans, captures, records, receives, transmits, reproduces, sells, or has in such person's control, custody, or possession, an analog, digital, or electronic image of any bond, certificate, obligation, or other security of any foreign government, or of any treasury note, bill, or promise to pay, lawfully issued by such foreign government and intended to circulate as money;CommentsClose CommentsPermalink





`(4) except by lawful authority, prints, photographs, or makes, executes, or sells any engraving, photograph, print, or impression in the likeness of any genuine note, bond, obligation, or other security, or any part thereof, of any foreign government, bank, or corporation; orCommentsClose CommentsPermalink





`(5) brings into the United States any counterfeit plate, stone, or other thing, engraving, photograph, print, or other impressions of the notes, bonds, obligations, or other securities of any foreign government, bank, or corporation;CommentsClose CommentsPermalink





shall be imprisoned not more than 25 years.CommentsClose CommentsPermalink

`Sec. 703. Uttering counterfeit foreign bank notes

`Whoever, within the United States, utters, passes, puts off, or tenders in payment, with intent to defraud, any such false, forged, altered, or counterfeited bank note or bill, mentioned in section 482 of this title, knowing the same to be so false, forged, altered, and counterfeited, whether or not the same was made, forged, altered, or counterfeited within the United States, shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink

`Sec. 704. Connecting parts of different notes

`Whoever so places or connects together different parts of two or more notes, bills, or other genuine instruments issued under the authority of the United States, or by any foreign government, or corporation, as to produce one instrument, with intent to defraud, shall be guilty of forgery in the same manner as if the parts so put together were falsely made or forged, and shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink

`Sec. 705. Tokens or paper used as money

`(a) OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) being 18 years of age or over, not lawfully authorized, makes, issues, or passes any coin, card, token, or device in metal, or its compounds, intended to be used as money, or whoever, being 18 years of age or over, with intent to defraud, makes, utters, inserts, or uses any card, token, slug, disk, device, paper, or other thing similar in size and shape to any of the lawful coins or other currency of the United States or any coin or other currency not legal tender in the United States, to procure anything of value, or the use or enjoyment of any property or service from any automatic merchandise vending machine, postage-stamp machine, turnstile, fare box, coinbox telephone, parking meter or other lawful receptacle, depository, or contrivance designed to receive or to be operated by lawful coins or other currency of the United States; orCommentsClose CommentsPermalink





`(2) manufactures, sells, offers, or advertises for sale, or exposes or keeps with intent to furnish or sell any token, slug, disk, device, paper, or other thing similar in size and shape to any of the lawful coins or other currency of the United States, or any token, disk, paper, or other device issued or authorized in connection with rationing or food and fiber distribution by any agency of the United States, with knowledge or reason to believe that such tokens, slugs, disks, devices, papers, or other things are intended to be used unlawfully or fraudulently to procure anything of value, or the use or enjoyment of any property or service from any automatic merchandise vending machine, postage-stamp machine, turnstile, fare box, coinbox telephone, parking meter, or other lawful receptacle, depository, or contrivance designed to receive or to be operated by lawful coins or other currency of the United States;CommentsClose CommentsPermalink





shall be imprisoned not more than one year.CommentsClose CommentsPermalink





`(b) NONPREEMPTION- Nothing contained in this section shall create immunity from criminal prosecution under the laws of any State.CommentsClose CommentsPermalink

`Sec. 706. Forfeiture of counterfeit paraphernalia

`(a) IN GENERAL- All counterfeits of any coins or obligations or other securities of the United States or of any foreign government, or any articles, devices, and other things made, possessed, or used in violation of this subchapter or of sections 851 and 852, or any material or apparatus used or fitted or intended to be used, in the making of such counterfeits, articles, devices or things, found in the possession of any person without authority from the Secretary of the Treasury or other proper officer, shall be forfeited to the United States.CommentsClose CommentsPermalink





`(b) FAILING OR REFUSING TO SURRENDER POSSESSION- Whoever, having the custody or control of any such counterfeits, material, apparatus, articles, devices, or other things, fails or refuses to surrender possession thereof upon request by any authorized agent of the Treasury Department, or other proper officer, shall be imprisoned not more than one year.CommentsClose CommentsPermalink





`(c) REMISSION OR MITIGATION-CommentsClose CommentsPermalink





`(1) SECRETARY OF TREASURY- Whenever, except as hereinafter in this section provided, any person interested in any article, device, or other thing, or material or apparatus seized under this section files with the Secretary of the Treasury, before the disposition thereof, a petition for the remission or mitigation of such forfeiture, the Secretary of the Treasury, if he finds that such forfeiture was incurred without willful negligence or without any intention on the part of the petitioner to violate the law, or finds the existence of such mitigating circumstances as to justify the remission or the mitigation of such forfeiture, may remit or mitigate the same upon such terms and conditions as he deems reasonable and just.CommentsClose CommentsPermalink





`(2) ATTORNEY GENERAL- If the seizure involves offenses other than offenses against the coinage, currency, obligations or securities of the United States or any foreign government, the petition for the remission or mitigation of forfeiture shall be referred to the Attorney General, who may remit or mitigate the forfeiture upon such terms as he deems reasonable and just.CommentsClose CommentsPermalink

`Sec. 707. Bonds and obligations of certain lending agencies

`Whoever--CommentsClose CommentsPermalink





`(1) falsely makes, forges, counterfeits or alters any note, bond, debenture, coupon, obligation, instrument, or writing in imitation or purporting to be in imitation of, a note, bond, debenture, coupon, obligation, instrument or writing, issued by the Reconstruction Finance Corporation, Federal Deposit Insurance Corporation, National Credit Union Administration, Home Owners' Loan Corporation, Farm Credit Administration, Department of Housing and Urban Development, or any land bank, intermediate credit bank, insured credit union, bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States; orCommentsClose CommentsPermalink





`(2) passes, utters, or publishes, or attempts to pass, utter or publish any note, bond, debenture, coupon, obligation, instrument or document knowing the same to have been falsely made, forged, counterfeited or altered, contrary to the provisions of this section;CommentsClose CommentsPermalink





shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink

`Sec. 708. Contracts, deeds, and powers of attorney

`Whoever--CommentsClose CommentsPermalink





`(1) falsely makes, alters, forges, or counterfeits any deed, power of attorney, order, certificate, receipt, contract, or other writing, for the purpose of obtaining or receiving, or of enabling any other person, either directly or indirectly, to obtain or receive from the United States or any officers or agents thereof, any sum of money;CommentsClose CommentsPermalink





`(2) utters or publishes as true any such false, forged, altered, or counterfeited writing, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited; orCommentsClose CommentsPermalink





`(3) transmits to, or presents at any office or officer of the United States, any such writing in support of, or in relation to, any account or claim, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited;CommentsClose CommentsPermalink





shall be imprisoned not more than ten years.CommentsClose CommentsPermalink

`Sec. 709. Military or naval discharge certificates

`Whoever forges, counterfeits, or falsely alters any certificate of discharge from the military or naval service of the United States, or uses, unlawfully possesses or exhibits any such certificate, knowing the same to be forged, counterfeited, or falsely altered, shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 710. Military, naval, or official passes

`Whoever falsely makes, forges, counterfeits, alters, or tampers with any naval, military, or official pass or permit, issued by or under the authority of the United States, or with intent to defraud uses or possesses any such pass or permit, or personates or falsely represents himself to be or not to be a person to whom such pass or permit has been duly issued, or knowingly allows any other person to have or use any such pass or permit, issued for his use alone, shall be imprisoned not more than five years.CommentsClose CommentsPermalink

`Sec. 711. Money orders

`Whoever--CommentsClose CommentsPermalink





`(1) with intent to defraud, falsely makes, forges, counterfeits, engraves, or prints any order in imitation of or purporting to be a blank money order or a money order issued by or under the direction of the Post Office Department or Postal Service;CommentsClose CommentsPermalink





`(2) forges or counterfeits the signature or initials of any person authorized to issue money orders upon or to any money order, postal note, or blank therefor provided or issued by or under the direction of the Post Office Department or Postal Service, or post office department or corporation of any foreign country, and payable in the United States, or any material signature or indorsement thereon, or any material signature to any receipt or certificate of identification thereof;CommentsClose CommentsPermalink





`(3) falsely alters, in any material respect, any such money order or postal note;CommentsClose CommentsPermalink





`(4) with intent to defraud, passes, utters or publishes or attempts to pass, utter or publish any such forged or altered money order or postal note, knowing any material initials, signature, stamp impression or indorsement thereon to be false, forged, or counterfeited, or any material alteration therein to have been falsely made;CommentsClose CommentsPermalink





`(5) issues any money order or postal note without having previously received or paid the full amount of money payable therefor, with the purpose of fraudulently obtaining or receiving, or fraudulently enabling any other person, either directly or indirectly, to obtain or receive from the United States or Postal Service, or any officer, employee, or agent thereof, any sum of money whatever;CommentsClose CommentsPermalink





`(6) embezzles, steals, or knowingly converts to his own use or to the use of another, or without authority converts or disposes of any blank money order form provided by or under the authority of the Post Office Department or Postal Service;CommentsClose CommentsPermalink





`(7) receives or possesses any such money order form with the intent to convert it to his own use or gain or use or gain of another knowing it to have been embezzled, stolen or converted;CommentsClose CommentsPermalink





`(8) with intent to defraud the United States, the Postal Service, or any person, transmits, presents, or causes to be transmitted or presented, any money order or postal note knowing the same--CommentsClose CommentsPermalink





`(A) to contain any forged or counterfeited signature, initials, or any stamped impression,CommentsClose CommentsPermalink





`(B) to contain any material alteration therein unlawfully made,CommentsClose CommentsPermalink





`(C) to have been unlawfully issued without previous payment of the amount required to be paid upon such issue, orCommentsClose CommentsPermalink





`(D) to have been stamped without lawful authority; orCommentsClose CommentsPermalink





`(9) steals, or with intent to defraud or without being lawfully authorized by the Post Office Department or Postal Service, receives, possesses, disposes of or attempts to dispose of any postal money order machine or any stamp, tool, or instrument specifically designed to be used in preparing or filling out the blanks on postal money order forms;CommentsClose CommentsPermalink





shall be imprisoned not more than five years.CommentsClose CommentsPermalink

`Sec. 712. Postage stamps, postage meter stamps, and postal cards

`Whoever--CommentsClose CommentsPermalink





`(1) forges or counterfeits any postage stamp, postage meter stamp, or any stamp printed upon any stamped envelope, or postal card, or any die, plate, or engraving thereof;CommentsClose CommentsPermalink





`(2) makes or prints, or knowingly uses or sells, or possesses with intent to use or sell, any such forged or counterfeited postage stamp, postage meter stamp, stamped envelope, postal card, die, plate, or engraving;CommentsClose CommentsPermalink





`(3) makes, or knowingly uses or sells, or possesses with intent to use or sell, any paper bearing the watermark of any stamped envelope, or postal card, or any fraudulent imitation thereof;CommentsClose CommentsPermalink





`(4) makes or prints, or authorizes to be made or printed, any postage stamp, postage meter stamp, stamped envelope, or postal card, of the kind authorized and provided by the Post Office Department or by the Postal Service, without the special authority and direction of the Department or Postal Service; orCommentsClose CommentsPermalink





`(5) after such postage stamp, postage meter stamp, stamped envelope, or postal card has been printed, with intent to defraud, delivers the same to any person not authorized by an instrument in writing, duly executed under the hand of the Postmaster General and the seal of the Post Office Department or the Postal Service, to receive it;CommentsClose CommentsPermalink





shall be imprisoned not more than five years.CommentsClose CommentsPermalink

`Sec. 713. Printing and filming of United States and foreign obligations and securities

`Notwithstanding any other provision of this subchapter, the following are permitted:CommentsClose CommentsPermalink





`(1) The printing, publishing, or importation, or the making or importation of the necessary plates for such printing or publishing, of illustrations of--CommentsClose CommentsPermalink





`(A) postage stamps of the United States,CommentsClose CommentsPermalink





`(B) revenue stamps of the United States,CommentsClose CommentsPermalink





`(C) any other obligation or other security of the United States, andCommentsClose CommentsPermalink





`(D) postage stamps, revenue stamps, notes, bonds, and any other obligation or other security of any foreign government, bank, or corporation.CommentsClose CommentsPermalink





Illustrations permitted by the foregoing provisions of this section shall be made in accordance with the following conditions--CommentsClose CommentsPermalink





`(i) all illustrations shall be in black and white, except that illustrations of postage stamps issued by the United States or by any foreign government and stamps issued under the Migratory Bird Hunting Stamp Act of 1934 may be in color;CommentsClose CommentsPermalink





`(ii) all illustrations (including illustrations of uncanceled postage stamps in color and illustrations of stamps issued under the Migratory Bird Hunting Stamp Act of 1934 in color) shall be of a size less than three-fourths or more than one and one-half, in linear dimension, of each part of any matter so illustrated which is covered by subparagraph (A), (B), (C), or (D) of this paragraph, except that black and white illustrations of postage and revenue stamps issued by the United States or by any foreign government and colored illustrations of canceled postage stamps issued by the United States may be in the exact linear dimension in which the stamps were issued; andCommentsClose CommentsPermalink





`(iii) the negatives and plates used in making the illustrations shall be destroyed after their final use in accordance with this section. The Secretary of the Treasury shall prescribe regulations to permit color illustrations of such currency of the United States as the Secretary determines may be appropriate for such purposes.CommentsClose CommentsPermalink





`(2) The provisions of this section shall not permit the reproduction of illustrations of obligations or other securities, by or through electronic methods used for the acquisition, recording, retrieval, transmission, or reproduction of any obligation or other security, unless such use is authorized by the Secretary of the Treasury. The Secretary shall establish a system to ensure that the legitimate use of such electronic methods and retention of such reproductions by businesses, hobbyists, press or others shall not be unduly restricted.CommentsClose CommentsPermalink





`(3) The making or importation of motion-picture films, microfilms, or slides, for projection upon a screen or for use in telecasting, of postage and revenue stamps and other obligations and securities of the United States, and postage and revenue stamps, notes, bonds, and other obligations or securities of any foreign government, bank, or corporation. No prints or other reproductions shall be made from such films or slides, except for the purposes of paragraph (1), without the permission of the Secretary of the Treasury. For the purposes of this section the term `postage stamp' includes postage meter stamps.CommentsClose CommentsPermalink

`Sec. 714. Seals of courts; signatures of judges or court officers

`Whoever forges the signature of any judge, register, or other officer of any court of the United States, or of any Territory thereof, or forges or counterfeits the seal of any such court, or knowingly concurs in using any such forged or counterfeit signature or seal, for the purpose of authenticating any proceeding or document, or tenders in evidence any such proceeding or document with a false or counterfeit signature of any such judge, register, or other officer, or a false or counterfeit seal of the court, subscribed or attached thereto, knowing such signature or seal to be false or counterfeit, shall be imprisoned not more than five years.CommentsClose CommentsPermalink

`Sec. 715. Seals of departments or agencies

`(a) OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) falsely makes, forges, counterfeits, mutilates, or alters the seal of any department or agency of the United States, or any facsimile thereof;CommentsClose CommentsPermalink





`(2) knowingly uses, affixes, or impresses any such fraudulently made, forged, counterfeited, mutilated, or altered seal or facsimile thereof to or upon any certificate, instrument, commission, document, or paper of any description; orCommentsClose CommentsPermalink





`(3) with fraudulent intent, possesses, sells, offers for sale, furnishes, offers to furnish, gives away, offers to give away, transports, offers to transport, imports, or offers to import any such seal or facsimile thereof, knowing the same to have been so falsely made, forged, counterfeited, mutilated, or altered,CommentsClose CommentsPermalink





shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(b) INCREASED PENALTY- Notwithstanding subsection (a) or any other provision of law, if a forged, counterfeited, mutilated, or altered seal of a department or agency of the United States, or any facsimile thereof, is--CommentsClose CommentsPermalink





`(1) so forged, counterfeited, mutilated, or altered;CommentsClose CommentsPermalink





`(2) used, affixed, or impressed to or upon any certificate, instrument, commission, document, or paper of any description; orCommentsClose CommentsPermalink





`(3) with fraudulent intent, possessed, sold, offered for sale, furnished, offered to furnish, given away, offered to give away, transported, offered to transport, imported, or offered to import,CommentsClose CommentsPermalink





with the intent or effect of facilitating an alien's application for, or receipt of, a Federal benefit to which the alien is not entitled, the penalties which may be imposed for each offense under subsection (a) shall be two times the maximum fine, and 3 times the maximum term of imprisonment, or both, that would otherwise be imposed for an offense under subsection (a).CommentsClose CommentsPermalink





`(c) DEFINITIONS- For purposes of this section--CommentsClose CommentsPermalink





`(1) the term `Federal benefit' means--CommentsClose CommentsPermalink





`(A) the issuance of any grant, contract, loan, professional license, or commercial license provided by any agency of the United States or by appropriated funds of the United States; andCommentsClose CommentsPermalink





`(B) any retirement, welfare, Social Security, health (including treatment of an emergency medical condition in accordance with section 1903(v) of the Social Security Act (19 U.S.C. 1396b(v))), disability, veterans, public housing, education, food stamps, or unemployment benefit, or any similar benefit for which payments or assistance are provided by an agency of the United States or by appropriated funds of the United States; andCommentsClose CommentsPermalink





`(2) each instance of forgery, counterfeiting, mutilation, or alteration shall constitute a separate offense under this section.CommentsClose CommentsPermalink

`Sec. 716. Forging endorsements on Treasury checks or bonds or securities of the United States

`(a) IN GENERAL- Whoever, with intent to defraud--CommentsClose CommentsPermalink





`(1) falsely makes or forges any endorsement or signature on a Treasury check or bond or security of the United States; orCommentsClose CommentsPermalink





`(2) passes, utters, or publishes, or attempts to pass, utter, or publish, any Treasury check or bond or security of the United States bearing a falsely made or forged endorsement or signature;CommentsClose CommentsPermalink





shall be imprisoned not more than ten years.CommentsClose CommentsPermalink





`(b) SALE EXCHANGE AND SIMILAR CONDUCT- Whoever, with knowledge that such Treasury check or bond or security of the United States is stolen or bears a falsely made or forged endorsement or signature buys, sells, exchanges, receives, delivers, retains, or conceals any such Treasury check or bond or security of the United States shall be imprisoned not more than ten years.CommentsClose CommentsPermalink





`(c) REDUCED PENALTY- If the face value of the Treasury check or bond or security of the United States or the aggregate face value, if more than one Treasury check or bond or security of the United States, does not exceed $1,000, in any of the above-mentioned offenses, the penalty shall be imprisonment for not more than one year.CommentsClose CommentsPermalink

`Sec. 717. Altering or removing motor vehicle identification numbers

`(a) OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) knowingly removes, obliterates, tampers with, or alters an identification number for a motor vehicle or motor vehicle part; orCommentsClose CommentsPermalink





`(2) with intent to further the theft of a motor vehicle, knowingly removes, obliterates, tampers with, or alters a decal or device affixed to a motor vehicle pursuant to the Motor Vehicle Theft Prevention Act,CommentsClose CommentsPermalink





shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(b) EXCLUSION-CommentsClose CommentsPermalink





`(1) GENERALLY- Subsection (a) does not apply to a removal, obliteration, tampering, or alteration by a person specified in paragraph (2) (unless such person knows that the vehicle or part involved is stolen).CommentsClose CommentsPermalink





`(2) PERSONS REFERRED TO IN PARAGRAPH (1)- The persons referred to in paragraph (1) of this subsection are--CommentsClose CommentsPermalink





`(A) a motor vehicle scrap processor or a motor vehicle demolisher who complies with applicable State law with respect to such vehicle or part;CommentsClose CommentsPermalink





`(B) a person who repairs such vehicle or part, if the removal, obliteration, tampering, or alteration is reasonably necessary for the repair;CommentsClose CommentsPermalink





`(C) a person who restores or replaces an identification number for such vehicle or part in accordance with applicable State law; andCommentsClose CommentsPermalink





`(D) a person who removes, obliterates, tampers with, or alters a decal or device affixed to a motor vehicle pursuant to the Motor Vehicle Theft Prevention Act, if that person is the owner of the motor vehicle, or is authorized to remove, obliterate, tamper with or alter the decal or device by--CommentsClose CommentsPermalink





`(i) the owner or his authorized agent;CommentsClose CommentsPermalink





`(ii) applicable State or local law; orCommentsClose CommentsPermalink





`(iii) regulations promulgated by the Attorney General to implement the Motor Vehicle Theft Prevention Act.CommentsClose CommentsPermalink





`(c) DEFINITIONS FOR SECTION- As used in this section--CommentsClose CommentsPermalink





`(1) the term `identification number' means a number or symbol that is inscribed or affixed for purposes of identification under chapter 301 and part C of subtitle VI of title 49;CommentsClose CommentsPermalink





`(2) the term `motor vehicle' has the meaning given that term in section 32101 of title 49;CommentsClose CommentsPermalink





`(3) the term `motor vehicle demolisher' means a person, including any motor vehicle dismantler or motor vehicle recycler, who is engaged in the business of reducing motor vehicles or motor vehicle parts to metallic scrap that is unsuitable for use as either a motor vehicle or a motor vehicle part;CommentsClose CommentsPermalink





`(4) the term `motor vehicle scrap processor' means a person--CommentsClose CommentsPermalink





`(A) who is engaged in the business of purchasing motor vehicles or motor vehicle parts for reduction to metallic scrap for recycling;CommentsClose CommentsPermalink





`(B) who, from a fixed location, uses machinery to process metallic scrap into prepared grades; andCommentsClose CommentsPermalink





`(C) whose principal product is metallic scrap for recycling;CommentsClose CommentsPermalink





but such term does not include any activity of any such person relating to the recycling of a motor vehicle or a motor vehicle part as a used motor vehicle or a used motor vehicle part; andCommentsClose CommentsPermalink





`(5) the term `tampers with' includes covering a program decal or device affixed to a motor vehicle pursuant to the Motor Vehicle Theft Prevention Act for the purpose of obstructing its visibility.CommentsClose CommentsPermalink

`Sec. 718. Securities of the States and private entities

`(a) COUNTERFEIT SECURITIES- Whoever makes, utters or possesses a counterfeited security of a State or a political subdivision thereof or of an organization, or whoever makes, utters or possesses a forged security of a State or political subdivision thereof or of an organization that operates in or affecting commerce, with intent to deceive another person shall be imprisoned for not more than ten years.CommentsClose CommentsPermalink





`(b) IMPLEMENTS- Whoever makes, receives, possesses, sells or otherwise transfers an implement designed for or particularly suited for making a counterfeit or forged security with the intent that it be so used shall be punished by imprisonment for not more than ten years.CommentsClose CommentsPermalink





`(c) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(3) the term `security' means--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(B) an instrument evidencing ownership of goods, wares, or merchandise;CommentsClose CommentsPermalink





`(C) any other written instrument commonly known as a security;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(E) a blank form of any of the foregoing.CommentsClose CommentsPermalink

`Sec. 719. Fictitious obligations

`(a) OFFENSE- Whoever, with the intent to defraud--CommentsClose CommentsPermalink





`(1) draws, prints, processes, produces, publishes, or otherwise makes, or attempts or causes the same, within the United States;CommentsClose CommentsPermalink





`(2) passes, utters, presents, offers, brokers, issues, sells, or attempts or causes the same, or with like intent possesses, within the United States; orCommentsClose CommentsPermalink





`(3) utilizes interstate or foreign commerce, including the use of the mails or wire, radio, or other electronic communication, to transmit, transport, ship, move, transfer, or attempts or causes the same, to, from, or through the United States,CommentsClose CommentsPermalink





any false or fictitious instrument, document, or other item appearing, representing, purporting, or contriving through scheme or artifice, to be an actual security or other financial instrument issued under the authority of the United States, a foreign government, a State or other political subdivision of the United States, or an organization, shall be imprisoned for not more than 25 years.CommentsClose CommentsPermalink





`(b) DEFINITIONS- For purposes of this section, any term used in this section that is defined in section 718(c) has the same meaning given such term in section 718(c).CommentsClose CommentsPermalink





`(c) AUTHORITY OF THE UNITED STATES SECRET SERVICE- The United States Secret Service, in addition to any other agency having such authority, shall have authority to investigate offenses under this section.CommentsClose CommentsPermalink

`CHAPTER 25--FRAUD AND FALSE STATEMENT CRIMES

`SubchapterCommentsClose CommentsPermalink

--Sec.CommentsClose CommentsPermalink

771CommentsClose CommentsPermalink

801CommentsClose CommentsPermalink

`SUBCHAPTER A--FRAUD AND FALSE STATEMENTS

`Sec.CommentsClose CommentsPermalink

`771. Definitions.CommentsClose CommentsPermalink





`772. Statements or entries generally.CommentsClose CommentsPermalink





`773. Bank entries, reports, and transactions.CommentsClose CommentsPermalink





`774. Federal credit institution entries, reports and transactions.CommentsClose CommentsPermalink





`775. Federal Deposit Insurance Corporation transactions.CommentsClose CommentsPermalink





`776. Department of Housing and Urban Development and Federal Housing Administration transactions.CommentsClose CommentsPermalink





`777. Department of Housing and Urban Development transactions.CommentsClose CommentsPermalink





`778. Farm loan bonds and credit bank debentures.CommentsClose CommentsPermalink





`779. Loan and credit applications generally; renewals and discounts; crop insurance.CommentsClose CommentsPermalink





`780. Naturalization, citizenship, or alien registry.CommentsClose CommentsPermalink





`781. Highway projects.CommentsClose CommentsPermalink





`782. False statements and concealment of facts in relation to documents required by the Employee Retirement Income Security Act of 1974.CommentsClose CommentsPermalink





`783. Fraud and related activity in connection with identification documents, authentication features, and information.CommentsClose CommentsPermalink





`784. Aggravated identity theft.CommentsClose CommentsPermalink





`785. Fraudulent use of credit card.CommentsClose CommentsPermalink





`786. Fraud and related activity in connection with access devices.CommentsClose CommentsPermalink





`787. Fraud and related activity in connection with computers.CommentsClose CommentsPermalink





`788. Major fraud against the United States.CommentsClose CommentsPermalink





`789. Concealment of assets from conservator, receiver, or liquidating agent of financial institution.CommentsClose CommentsPermalink





`790. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce.CommentsClose CommentsPermalink





`791. Civil penalties and injunctions for violations of section 790.CommentsClose CommentsPermalink





`792. False statements relating to health care matters.CommentsClose CommentsPermalink





`793. Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport.CommentsClose CommentsPermalink





`794. Fraud and related activity in connection with electronic mail.CommentsClose CommentsPermalink





`795. False information and hoaxes.CommentsClose CommentsPermalink





`796. Fraud and related activity in connection with obtaining confidential phone records information of a covered entity.CommentsClose CommentsPermalink

`Sec. 771. Definitions

`As used in this subchapter--CommentsClose CommentsPermalink





`(1) the term `member bank' means any national bank, state bank, or bank or trust company, which has become a member of one of the Federal Reserve banks;CommentsClose CommentsPermalink





`(2) the term `insured bank' includes any state bank, banking association, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation;CommentsClose CommentsPermalink





`(3) the term `branch or agency of a foreign bank' means a branch or agency described in paragraph (E) of the definition of financial institution in section 1 of this title; andCommentsClose CommentsPermalink





`(4) the term `depository institution holding company' has the meaning given such term in section 3(w)(1) of the Federal Deposit Insurance Act.CommentsClose CommentsPermalink

`Sec. 772. Statements or entries generally

`(a) OFFENSE- Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly--CommentsClose CommentsPermalink





`(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;CommentsClose CommentsPermalink





`(2) makes any materially false, fictitious, or fraudulent statement or representation; orCommentsClose CommentsPermalink





`(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;CommentsClose CommentsPermalink





shall be imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years. If the matter relates to an offense under chapter 13 or section 1265, then the term of imprisonment imposed under this section shall be not more than 8 years.CommentsClose CommentsPermalink





`(b) EXCLUSION- Subsection (a) does not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.CommentsClose CommentsPermalink





`(c) APPLICATION TO MATTERS WITHIN THE JURISDICTION OF THE LEGISLATIVE BRANCH- With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to--CommentsClose CommentsPermalink





`(1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; orCommentsClose CommentsPermalink





`(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.CommentsClose CommentsPermalink

`Sec. 773. Bank entries, reports and transactions

`Whoever--CommentsClose CommentsPermalink





`(1) being an officer, director, agent or employee of any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25(a) of the Federal Reserve Act, without authority from the directors of such bank, branch, agency, or organization or company, issues or puts in circulation any notes of such bank, branch, agency, or organization or company;CommentsClose CommentsPermalink





`(2) without such authority, makes, draws, issues, puts forth, or assigns any certificate of deposit, draft, order, bill of exchange, acceptance, note, debenture, bond, or other obligation, or mortgage, judgment or decree;CommentsClose CommentsPermalink





`(3) makes any false entry in any book, report, or statement of such bank, company, branch, agency, or organization with intent to injure or defraud such bank, company, branch, agency, or organization, or any other company, body politic or corporate, or any individual person, or to deceive any officer of such bank, company, branch, agency, or organization, or the Comptroller of the Currency, or the Federal Deposit Insurance Corporation, or any agent or examiner appointed to examine the affairs of such bank, company, branch, agency, or organization, or the Board of Governors of the Federal Reserve System; orCommentsClose CommentsPermalink





`(4) with intent to defraud the United States or any agency thereof, or any financial institution referred to in this section, participates or shares in or receives (directly or indirectly) any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such financial institution;CommentsClose CommentsPermalink





shall be imprisoned not more than 30 years.CommentsClose CommentsPermalink

`Sec. 774. Federal credit institution entries, reports, and transactions

`Whoever, being an officer, agent or employee of or connected in any capacity with the Federal Deposit Insurance Corporation, National Credit Union Administration, Office of Thrift Supervision, any Federal home loan bank, the Federal Housing Finance Board, the Resolution Trust Corporation, Farm Credit Administration, Department of Housing and Urban Development, Federal Crop Insurance Corporation, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, or the Farm Credit System Insurance Corporation, a Farm Credit Bank, a bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States or any institution, other than an insured bank, the accounts of which are insured by the Federal Deposit Insurance Corporation, or by the National Credit Union Administration Board or any small business investment company, with intent to defraud any such institution or any other company, body politic or corporate, or any individual, or to deceive any officer, auditor, examiner or agent of any such institution or of department or agency of the United States, makes any false entry in any book, report or statement of or to any such institution, or without being duly authorized, draws any order or bill of exchange, makes any acceptance, or issues, puts forth or assigns any note, debenture, bond or other obligation, or draft, bill of exchange, mortgage, judgment, or decree, or, with intent to defraud the United States or any agency thereof, or any corporation, institution, or association referred to in this section, participates or shares in or receives directly or indirectly any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such corporation, institution, or association, shall be imprisoned not more than 30 years.CommentsClose CommentsPermalink

`Sec. 775. Federal Deposit Insurance Corporation transactions

`Whoever, for the purpose of influencing in any way the action of the Federal Deposit Insurance Corporation, knowingly makes or invites reliance on a false, forged, or counterfeit statement, document, or thing shall be imprisoned not more than 30 years.CommentsClose CommentsPermalink

`Sec. 776. Department of Housing and Urban Development and Federal Housing Administration transactions

`Whoever, for the purpose of obtaining any loan or advance of credit from any person, partnership, association, or corporation with the intent that such loan or advance of credit shall be offered to or accepted by the Department of Housing and Urban Development for insurance, or for the purpose of obtaining any extension or renewal of any loan, advance of credit, or mortgage insured by such Department, or the acceptance, release, or substitution of any security on such a loan, advance of credit, or for the purpose of influencing in any way the action of such Department, makes, passes, utters, or publishes any statement, knowing the same to be false, or alters, forges, or counterfeits any instrument, paper, or document, or utters, publishes, or passes as true any instrument, paper, or document, knowing it to have been altered, forged, or counterfeited, or knowingly overvalues any security, asset, or income, shall be imprisoned not more than two years.CommentsClose CommentsPermalink

`Sec. 777. Department of Housing and Urban Development transactions

`Whoever--CommentsClose CommentsPermalink





`(1) with intent to defraud, makes any false entry in any book of the Department of Housing and Urban Development or makes any false report or statement to or for such Department;CommentsClose CommentsPermalink





`(2) receives any compensation, rebate, or reward, with intent to defraud such Department or with intent unlawfully to defeat its purposes; orCommentsClose CommentsPermalink





`(3) induces or influences such Department to purchase or acquire any property or to enter into any contract and knowingly fails to disclose any interest which that person has in such property or in the property to which such contract relates, or any special benefit which he expects to receive as a result of such contract;CommentsClose CommentsPermalink





shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 778. Farm loan bonds and credit bank debentures

`Whoever deceives, defrauds, or imposes upon, or attempts to deceive, defraud, or impose upon any person, partnership, corporation, or association by making any false pretense or representation concerning the character, issue, security, contents, conditions, or terms of any farm loan bond, or coupon, issued by any Federal land bank or banks; or of any debenture, coupon, or other obligation, issued by any Federal intermediate credit bank or banks; or by falsely pretending or representing that any farm loan bond, or coupon, is anything other than, or different from, what it purports to be on the face of said bond or coupon, shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 779. Loan and credit applications generally; renewals and discounts; crop insurance

`Whoever knowingly makes any false statement or report, or knowingly overvalues any land, property or security, for the purpose of influencing in any way the action of the Farm Credit Administration, Federal Crop Insurance Corporation or a company the Corporation reinsures, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, any Farm Credit Bank, production credit association, agricultural credit association, bank for cooperatives, or any division, officer, or employee thereof, or of any regional agricultural credit corporation established pursuant to law, or a Federal land bank, a Federal land bank association, a Federal Reserve bank, a small business investment company, as defined in section 103 of the Small Business Investment Act of 1958, or the Small Business Administration in connection with any provision of that Act, a Federal credit union, an insured State-chartered credit union, any institution the accounts of which are insured by the Federal Deposit Insurance Corporation, the Office of Thrift Supervision, any Federal home loan bank, the Federal Housing Finance Board, the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, the Farm Credit System Insurance Corporation, or the National Credit Union Administration Board, a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or an organization operating under section 25 or section 25(a) of the Federal Reserve Act, upon any application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment, or loan, or any change or extension of any of the same, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefor, shall be imprisoned not more than 30 years.CommentsClose CommentsPermalink

`Sec. 780. Naturalization, citizenship, or alien registry

`(a) OFFENSE- WhoeverCommentsClose CommentsPermalink





`(1) knowingly makes any false statement under oath, in any case, proceeding, or matter relating to, or under, or by virtue of any law of the United States relating to naturalization, citizenship, or registry of aliens;CommentsClose CommentsPermalink





`(2) knowingly, with intent to avoid any duty or liability imposed or required by law, denies that he has been naturalized or admitted to be a citizen, after having been so naturalized or admitted;CommentsClose CommentsPermalink





`(3) uses or attempts to use any certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship or other documentary evidence of naturalization or of citizenship, or any duplicate or copy thereof, knowing the same to have been procured by fraud or false evidence or without required appearance or hearing of the applicant in court or otherwise unlawfully obtained;CommentsClose CommentsPermalink





`(4) knowingly makes any false certificate, acknowledgment or statement concerning the appearance before him or the taking of an oath or affirmation or the signature, attestation or execution by any person with respect to any application, declaration, petition, affidavit, deposition, certificate of naturalization, certificate of citizenship or other paper or writing required or authorized by the laws relating to immigration, naturalization, citizenship, or registry of aliens;CommentsClose CommentsPermalink





`(5) knowingly makes any false statement or claim that he is, or at any time has been, a citizen or national of the United States, with the intent to obtain on behalf of himself, or any other person, any Federal or State benefit or service, or to engage unlawfully in employment in the United States; orCommentsClose CommentsPermalink





`(6) knowingly makes any false statement or claim that he is a citizen of the United States in order to register to vote or to vote in any Federal, State, or local election (including an initiative, recall, or referendum);CommentsClose CommentsPermalink





shall be imprisoned not more than five years.CommentsClose CommentsPermalink





`(b) EXCLUSION- Subsection (a)(5) does not apply to an alien if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making the false statement or claim that he or she was a citizen of the United States.CommentsClose CommentsPermalink

`Sec. 781. Highway projects

`Whoever--CommentsClose CommentsPermalink





`(1) 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;CommentsClose CommentsPermalink





`(2) knowingly makes any false statement, false representation, false report, or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; orCommentsClose CommentsPermalink





`(3) knowingly makes any false statement or false representation as to a material fact in any statement, certificate, or report submitted pursuant to the provisions of the Federal-Aid Road Act approved July 11, 1916 (39 Stat. 355), as amended and supplemented;CommentsClose CommentsPermalink





shall be imprisoned not more than five years.CommentsClose CommentsPermalink

`Sec. 782. False statements and concealment of facts in relation to documents required by the Employee Retirement Income Security Act of 1974

`Whoever, in any document required by title I of the Employee Retirement Income Security Act of 1974 to be published, or kept as part of the records of any employee welfare benefit plan or employee pension benefit plan, or certified to the administrator of any such plan, makes any false statement or representation of fact, knowing it to be false, or knowingly conceals, covers up, or fails to disclose any fact the disclosure of which is required by such title or is necessary to verify, explain, clarify or check for accuracy and completeness any report required by such title to be published or any information required by such title to be certified, shall be imprisoned not more than five years.CommentsClose CommentsPermalink

`Sec. 783. Fraud and related activity in connection with identification documents, authentication features, and information

`(a) OFFENSE- Whoever, as made applicable by subsection (c)--CommentsClose CommentsPermalink





`(1) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(8) knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification;CommentsClose CommentsPermalink





shall be punished as provided in subsection (b).CommentsClose CommentsPermalink





`(b) PUNISHMENT- The punishment for an offense under subsection (a) of this section is--CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be--CommentsClose CommentsPermalink





`(i) an identification document or authentication feature issued by or under the authority of the United States; orCommentsClose CommentsPermalink





`(ii) a birth certificate, or a driver's license or personal identification card;CommentsClose CommentsPermalink





`(B) the production or transfer of more than five identification documents, authentication features, or false identification documents;CommentsClose CommentsPermalink





`(C) an offense under paragraph (5) of such subsection; orCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) any other production, transfer, or use of a means of identification, an identification document, authentication feature, or a false identification document; orCommentsClose CommentsPermalink





`(B) an offense under paragraph (3) or (7) of such subsection;CommentsClose CommentsPermalink





`(3) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed--CommentsClose CommentsPermalink





`(A) to facilitate a drug trafficking crime (as defined in section 592(a)(2));CommentsClose CommentsPermalink





`(B) in connection with a crime of violence (as defined in section 584(c)(3)); orCommentsClose CommentsPermalink





`(C) after a prior conviction under this section becomes final;CommentsClose CommentsPermalink





`(4) a fine under this title or imprisonment for not more than 30 years, or both, if the offense is committed to facilitate an act of domestic terrorism (as defined under section 283) or an act of international terrorism (as defined in section 283(1)); andCommentsClose CommentsPermalink





`(5) a fine under this title or imprisonment for not more than one year, or both, in any other case.CommentsClose CommentsPermalink





`(c) APPLICABILITY- Subsection (a) applies if--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(2) the offense is an offense under subsection (a)(4) of this section; orCommentsClose CommentsPermalink





`(3) either--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(d) DEFINITIONS- In this section and section 784--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(3) the term `identification document' means a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, or a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals;CommentsClose CommentsPermalink





`(4) the term `false identification document' means a document of a type intended or commonly accepted for the purposes of identification of individuals that--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(B) appears to be issued by or under the authority of the United States Government, a State, a political subdivision of a State, or a sponsoring entity of an event designated as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental organization;CommentsClose CommentsPermalink





`(5) the term `false authentication feature' means an authentication feature that--CommentsClose CommentsPermalink





`(A) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(C) appears to be genuine, but is not;CommentsClose CommentsPermalink





`(6) the term `issuing authority'--CommentsClose CommentsPermalink





`(A) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features; andCommentsClose CommentsPermalink





`(B) includes the United States Government, a State, a political subdivision of a State, or a sponsoring entity of an event designated as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization;CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(B) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;CommentsClose CommentsPermalink





`(C) unique electronic identification number, address, or routing code; orCommentsClose CommentsPermalink





`(D) telecommunication identifying information or access device (as defined in section 1029(e));CommentsClose CommentsPermalink





`(8) the term `personal identification card' means an identification document issued by a State or local government solely for the purpose of identification;CommentsClose CommentsPermalink





`(9) the term `produce' includes alter, authenticate, or assemble;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(11) the term `traffic' means--CommentsClose CommentsPermalink





`(A) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value; orCommentsClose CommentsPermalink





`(B) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of.CommentsClose CommentsPermalink





`(e) EXCLUSION- This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title.CommentsClose CommentsPermalink





`(f) Rule of Construction- For purpose of subsection (a)(7), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification.CommentsClose CommentsPermalink

`Sec. 784. Aggravated identity theft

`(a) Offenses-CommentsClose CommentsPermalink





`(1) In general- Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.CommentsClose CommentsPermalink





`(2) Terrorism offense- Whoever, during and in relation to any felony violation enumerated in section 273(g)(5)(B), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.CommentsClose CommentsPermalink





`(b) Consecutive Sentence- Notwithstanding any other provision of law--CommentsClose CommentsPermalink





`(1) a court shall not place on probation any person convicted of a violation of this section;CommentsClose CommentsPermalink





`(2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used;CommentsClose CommentsPermalink





`(3) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; andCommentsClose CommentsPermalink





`(4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28.CommentsClose CommentsPermalink





`(c) Definition- For purposes of this section, the term `felony violation enumerated in subsection (c)' means any offense that is a felony violation of--CommentsClose CommentsPermalink





`(1) section 641 (relating to theft of public money, property, or rewards), section 644 (relating to theft, embezzlement, or misapplication by bank officer or employee), or section 651 (relating to theft from employee benefit plans);CommentsClose CommentsPermalink





`(2) section 1091 (relating to false personation of citizenship);CommentsClose CommentsPermalink





`(3) section 582(a)(6) (relating to false statements in connection with the acquisition of a firearm);CommentsClose CommentsPermalink





`(4) any provision contained in this subchapter (relating to fraud and false statements), other than this section or section 783(a)(7);CommentsClose CommentsPermalink





`(5) any provision contained in subchapter B of chapter 25 (relating to mail, bank, and wire fraud);CommentsClose CommentsPermalink





`(6) any provision contained in subchapter F of chapter 15 (relating to nationality and citizenship);CommentsClose CommentsPermalink





`(7) section 523 of the Gramm-Leach-Bliley Act (15 U.S.C. 6823) (relating to obtaining customer information by false pretenses);CommentsClose CommentsPermalink





`(8) section 243 or 266 of the Immigration and Nationality Act (8 U.S.C. 1253 and 1306) (relating to knowingly failing to leave the United States after deportation and creating a counterfeit alien registration card);CommentsClose CommentsPermalink





`(9) any provision contained in chapter 8 of title II of the Immigration and Nationality Act (8 U.S.C. 1321 et seq.) (relating to various immigration offenses); orCommentsClose CommentsPermalink





`(10) section 208, 811, 1107(b), 1128B(a), or 1632 of the Social Security Act (42 U.S.C. 408, 1011, 1307(b), 1320a-7b(a), and 1383a) (relating to false statements relating to programs under the Act).CommentsClose CommentsPermalink

`Sec. 785. Fraudulent use of credit card

`(a) OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) knowingly in a transaction affecting interstate or foreign commerce, uses or attempts or conspires to use any counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card to obtain money, goods, services, or anything else of value which within any one-year period has a value aggregating $1,000 or more;CommentsClose CommentsPermalink





`(2) with unlawful intent, transports or attempts or conspires to transport in interstate or foreign commerce a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card knowing the same to be counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained;CommentsClose CommentsPermalink





`(3) with unlawful intent, uses any instrumentality of interstate or foreign commerce to sell or transport a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card knowing the same to be counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained;CommentsClose CommentsPermalink





`(4) knowingly receives, conceals, uses, or transports money, goods, services, or anything else of value (except tickets for interstate or foreign transportation) which--CommentsClose CommentsPermalink





`(A)(i) within any one-year period has a value aggregating $1,000 or more; orCommentsClose CommentsPermalink





`(ii) has moved in interstate or foreign commerce; andCommentsClose CommentsPermalink





`(B) has been obtained with a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card;CommentsClose CommentsPermalink





`(5) knowingly receives, conceals, uses, sells, or transports in interstate or foreign commerce one or more tickets for interstate or foreign transportation, which (1) within any one-year period have a value aggregating $500 or more, and (2) have been purchased or obtained with one or more counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit cards; orCommentsClose CommentsPermalink





`(6) in a transaction affecting interstate or foreign commerce furnishes money, property, services, or anything else of value, which within any one-year period has a value aggregating $1,000 or more, through the use of any counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card knowing the same to be counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained;CommentsClose CommentsPermalink





shall be imprisoned not more than ten years.CommentsClose CommentsPermalink





`(b) DEFINITIONS- A term used in this section that has a definition for the purposes of the Consumer Credit Protection Act has that same definition for the purposes of this section.CommentsClose CommentsPermalink

`Sec. 786. Fraud and related activity in connection with access devices

`(a) OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) knowingly and with intent to defraud produces, uses, or traffics in one or more counterfeit access devices;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(3) knowingly and with intent to defraud possesses fifteen or more devices which are counterfeit or unauthorized access devices;CommentsClose CommentsPermalink





`(4) knowingly and with intent to defraud produces, traffics in, has control or custody of, or possesses device-making equipment;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(6) without the authorization of the issuer of the access device, knowingly and with intent to defraud solicits a person for the purpose of--CommentsClose CommentsPermalink





`(A) offering an access device; orCommentsClose CommentsPermalink





`(B) selling information regarding or an application to obtain an access device;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(8) knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses a scanning receiver;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





shall, if the offense affects interstate or foreign commerce, be punished as provided in subsection (c) of this section.CommentsClose CommentsPermalink





`(b) Penalties- The punishment for an offense under subsection (a) is--CommentsClose CommentsPermalink





`(1) in the case of an offense that does not occur after a conviction for another offense under this section--CommentsClose CommentsPermalink





`(A) if the offense is under paragraph (1), (2), (3), (6), (7), or (10) of subsection (a), a fine under this title or imprisonment for not more than 10 years, or both; andCommentsClose CommentsPermalink





`(B) if the offense is under paragraph (4), (5), (8), or (9) of subsection (a), a fine under this title or imprisonment for not more than 15 years, or both; andCommentsClose CommentsPermalink





`(2) in the case of an offense that occurs after a conviction for another offense under this section, a fine under this title or imprisonment for not more than 20 years, or both.CommentsClose CommentsPermalink





`(c) EXTRATERRITORIAL JURISDICATION- There is extraterritorial jurisdiction over an offense under this subsection if--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(d) AUTHORITY OF UNITED STATES SECRET SERVICE- The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section. Such authority of the United States Secret Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.CommentsClose CommentsPermalink





`(e) OFFICIAL DUTY EXCLUSION- This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title.CommentsClose CommentsPermalink





`(f) BUSSINESS EXCLUSION- It is not a violation of subsection (a)(9) for an officer, employee, or agent of, or a person engaged in business with, a facilities-based carrier, to engage in conduct (other than trafficking) otherwise prohibited by that subsection for the purpose of protecting the property or legal rights of that carrier, unless such conduct is for the purpose of obtaining telecommunications service provided by another facilities-based carrier without the authorization of such carrier.CommentsClose CommentsPermalink





`(g) AFFIRMATIVE DEFENSE- In a prosecution for a violation of subsection (a)(9), (other than a violation consisting of producing or trafficking) it is an affirmative defense that the conduct charged was engaged in for research or development in connection with a lawful purpose.CommentsClose CommentsPermalink





`(h) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(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);CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(3) the term `unauthorized access device' means any access device that is lost, stolen, expired, revoked, canceled, or obtained with intent to defraud;CommentsClose CommentsPermalink





`(4) the term `produce' includes design, alter, authenticate, duplicate, or assemble;CommentsClose CommentsPermalink





`(5) the term `traffic' means transfer, or otherwise dispose of, to another, or obtain control of with intent to transfer or dispose of;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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);CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink

`Sec. 787. Fraud and related activity in connection with computers

`(a) OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations, or any restricted data, as defined in paragraph y. of section 11 of the Atomic Energy Act of 1954, with reason to believe that such information so obtained could be used to the injury of the United States, or to the advantage of any foreign nation knowingly communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or knowingly retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it;CommentsClose CommentsPermalink





`(2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains--CommentsClose CommentsPermalink





`(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.);CommentsClose CommentsPermalink





`(B) information from any department or agency of the United States; orCommentsClose CommentsPermalink





`(C) information from any protected computer if the conduct involved an interstate or foreign communication;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(5)(A)(i) 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;CommentsClose CommentsPermalink





`(ii) intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; orCommentsClose CommentsPermalink





`(iii) intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage; andCommentsClose CommentsPermalink





`(B) by conduct described in clause (i), (ii), or (iii) of subparagraph (A), caused (or, in the case of an attempted offense, would, if completed, have caused)--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(ii) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals;CommentsClose CommentsPermalink





`(iii) physical injury to any person;CommentsClose CommentsPermalink





`(iv) a threat to public health or safety; orCommentsClose CommentsPermalink





`(v) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security;CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) such trafficking affects interstate or foreign commerce; orCommentsClose CommentsPermalink





`(B) such computer is used by or for the Government of the United States; orCommentsClose CommentsPermalink





`(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 threat to cause damage to a protected computer;CommentsClose CommentsPermalink





shall be punished as provided in subsection (c) of this section.CommentsClose CommentsPermalink





`(b) PUNISHMENT- The punishment for an offense under subsection (a) or (b) of this section is--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(2)(A) except as provided in subparagraph (B), a fine under this title or imprisonment for not more than one year, or both, in the case of an offense under subsection (a)(2), (a)(3), (a)(5)(A)(iii), or (a)(6) of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph;CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) the offense was committed for purposes of commercial advantage or private financial gain;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(iii) the value of the information obtained exceeds $5,000; andCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(B) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(4), (a)(5)(A)(iii), or (a)(7) of this section which occurs after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph;CommentsClose CommentsPermalink





`(4)(A) except as provided in paragraph (5), a fine under this title, imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(5)(A)(i), or an attempt to commit an offense punishable under that subsection;CommentsClose CommentsPermalink





`(B) a fine under this title, imprisonment for not more than 5 years, or both, in the case of an offense under subsection (a)(5)(A)(ii), or an attempt to commit an offense punishable under that subsection; andCommentsClose CommentsPermalink





`(C) except as provided in paragraph (5), a fine under this title, imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to commit an offense punishable under either subsection, that occurs after a conviction for another offense under this section; andCommentsClose CommentsPermalink





`(5)(A) if the offender knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of subsection (a)(5)(A)(i), a fine under this title or imprisonment for not more than 20 years, or both; andCommentsClose CommentsPermalink





`(B) if the offender knowingly or recklessly causes or attempts to cause death from conduct in violation of subsection (a)(5)(A)(i), a fine under this title or imprisonment for any term of years or for life, or both.CommentsClose CommentsPermalink





`(c) INVESTIGATIVE AUTHORITY-CommentsClose CommentsPermalink





`(1) UNITED STATES SECRET SERVICE- The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section.CommentsClose CommentsPermalink





`(2) FEDERAL BUREAU OF INVESTIGATION- The Federal Bureau of Investigation shall have primary authority to investigate offenses under subsection (a)(1) for any cases involving espionage, foreign counterintelligence, information protected against unauthorized disclosure for reasons of national defense or foreign relations, or Restricted Data (as that term is defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)), except for offenses affecting the duties of the United States Secret Service pursuant to section 3056(a) of this title.CommentsClose CommentsPermalink





`(3) AGREEMENT- Such authority shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.CommentsClose CommentsPermalink





`(d) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(2) the term `protected computer' means a computer--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(B) which is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States;CommentsClose CommentsPermalink





`(3) the term `financial record' means information derived from any record held by a financial institution pertaining to a customer's relationship with the financial institution;CommentsClose CommentsPermalink





`(4) the term `exceeds authorized access' means to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter;CommentsClose CommentsPermalink





`(5) the term `department of the United States' means the legislative or judicial branch of the Government or one of the executive departments enumerated in section 101 of title 5;CommentsClose CommentsPermalink





`(6) the term `damage' means any impairment to the integrity or availability of data, a program, a system, or information;CommentsClose CommentsPermalink





`(7) the term `government entity' includes the Government of the United States, any State or political subdivision of the United States, any foreign country, and any state, province, municipality, or other political subdivision of a foreign country;CommentsClose CommentsPermalink





`(8) the term `conviction' shall include a conviction under the law of any State for a crime punishable by imprisonment for more than 1 year, an element of which is unauthorized access, or exceeding authorized access, to a computer; andCommentsClose CommentsPermalink





`(9) the term `loss' means any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service.CommentsClose CommentsPermalink





`(e) EXCLUSION- This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States.CommentsClose CommentsPermalink





`(f) CIVIL ACTION- Whoever suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator to obtain compensatory damages and injunctive relief or other equitable relief. A civil action for a violation of this section may be brought only if the conduct involves 1 of the factors set forth in clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B). Damages for a violation involving only conduct described in subsection (a)(5)(B)(i) are limited to economic damages.. No action may be brought under this subsection unless such action is begun within 2 years of the date of the act complained of or the date of the discovery of the damage. No action may be brought under this subsection for the negligent design or manufacture of computer hardware, computer software, or firmware.CommentsClose CommentsPermalink

`Sec. 788. Major fraud against the United States

`(a) OFFENSE- Whoever knowingly executes, or attempts to execute, any scheme or artifice with the intent--CommentsClose CommentsPermalink





`(1) to defraud the United States; orCommentsClose CommentsPermalink





`(2) to obtain money or property by means of false or fraudulent pretenses, representations, or promises,CommentsClose CommentsPermalink





in any procurement of property or services as a prime contractor with the United States or as a subcontractor or supplier on a contract in which there is a prime contract with the United States, if the value of the contract, subcontract, or any constituent part thereof, for such property or services is $1,000,000 or more shall, subject to the applicability of subsection (c) of this section, be imprisoned not more than 10 years.CommentsClose CommentsPermalink





`(b) INCREASED FINE- The fine imposed for an offense under this section may exceed the maximum otherwise provided by law, if such fine does not exceed $5,000,000 and--CommentsClose CommentsPermalink





`(1) the gross loss to the Government or the gross gain to a defendant is $500,000 or greater; orCommentsClose CommentsPermalink





`(2) the offense involves a conscious or reckless risk of serious personal injury.CommentsClose CommentsPermalink





`(c) INCREASED FINE ON MULTIPLE COUNTS- The maximum fine imposed upon a defendant for a prosecution including a prosecution with multiple counts under this section shall not exceed $10,000,000.CommentsClose CommentsPermalink





`(d) DISCLAIMER- Nothing in this section shall preclude a court from imposing any other sentences available under this title, including a fine up to twice the amount of the gross loss or gross gain involved in the offense pursuant to section 3571(d).CommentsClose CommentsPermalink





`(e) LIMITATION- A prosecution of an offense under this section may be commenced any time not later than 7 years after the offense is committed, plus any additional time otherwise allowed by law.CommentsClose CommentsPermalink





`(f) WHISTLEBLOWER- Any individual who--CommentsClose CommentsPermalink





`(1) is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by an employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of a prosecution under this section (including investigation for, initiation of, testimony for, or assistance in such prosecution), andCommentsClose CommentsPermalink





`(2) was not a participant in the unlawful activity that is the subject of such prosecution;CommentsClose CommentsPermalink





may, in a civil action, obtain all relief necessary to make such individual whole. Such relief shall include reinstatement with the same seniority status such individual would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees.CommentsClose CommentsPermalink

`Sec. 789. Concealment of assets from conservator, receiver, or liquidating agent of financial institution

`Whoever--CommentsClose CommentsPermalink





`(1) knowingly conceals an asset or property from the Federal Deposit Insurance Corporation, acting as conservator or receiver or in the Corporation's corporate capacity with respect to any asset acquired or liability assumed by the Corporation under section 11, 12, or 13 of the Federal Deposit Insurance Act, the Resolution Trust Corporation, any conservator appointed by the Comptroller of the Currency or the Director of the Office of Thrift Supervision, or the National Credit Union Administration Board, acting as conservator or liquidating agent;CommentsClose CommentsPermalink





`(2) corruptly impedes the functions of such Corporation, Board, or conservator; orCommentsClose CommentsPermalink





`(3) corruptly places an asset or property beyond the reach of such Corporation, Board, or conservator,CommentsClose CommentsPermalink





shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink

`Sec. 790. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce

`(a) FALSE STATEMENT OFFENSE- (1) Whoever is engaged in the business of insurance whose activities affect interstate commerce and knowingly, with the intent to deceive, makes any false material statement or report or knowingly and materially overvalues any land, property or security--CommentsClose CommentsPermalink





`(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, andCommentsClose CommentsPermalink





`(B) for the purpose of influencing the actions of such official or agency or such an appointed agent or examiner,CommentsClose CommentsPermalink





shall be punished as provided in paragraph (2).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(b) EMBEZZLEMENT AND SIMILAR CONDUCT- (1) Whoever--CommentsClose CommentsPermalink





`(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, orCommentsClose CommentsPermalink





`(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,CommentsClose CommentsPermalink





knowingly embezzles, abstracts, purloins, or misappropriates any of the moneys, funds, premiums, credits, or other property of such person so engaged shall be punished as provided in paragraph (2).CommentsClose CommentsPermalink





`(2) The punishment for an offense under paragraph (1) is a fine as provided under this title or imprisonment for not more than 10 years, or both, except that if such embezzlement, abstraction, purloining, or misappropriation described in paragraph (1) jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court, such imprisonment shall be not more than 15 years. If the amount or value so embezzled, abstracted, purloined, or misappropriated does not exceed $5,000, whoever violates paragraph (1) shall be imprisoned not more than one year.CommentsClose CommentsPermalink





`(c) FALSE ENTRIES- (1) Whoever is engaged in the business of insurance and whose activities affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business, knowingly makes any false entry of material fact in any book, report, or statement of such person engaged in the business of insurance with intent to deceive any person, including any officer, employee, or agent of such person engaged in the business of insurance, any insurance regulatory official or agency, or any agent or examiner appointed by such official or agency to examine the affairs of such person, about the financial condition or solvency of such business shall be punished as provided in paragraph (2).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(d) OBSTRUCTION- Whoever, by threats or force or by any threatening letter or communication, corruptly influences, obstructs, or impedes or endeavors corruptly to influence, obstruct, or impede the due and proper administration of the law under which any proceeding involving the business of insurance whose activities affect interstate commerce is pending before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of a person engaged in the business of insurance whose activities affect interstate commerce, shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink





`(e) DISQUALIFICATION FOR INSURANCE BUSINESS- (1)(A) Any individual who has been convicted of any criminal felony involving dishonesty or a breach of trust, or who has been convicted of an offense under this section, and who knowingly engages in the business of insurance whose activities affect interstate commerce or participates in such business, shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(B) Any individual who is engaged in the business of insurance whose activities affect interstate commerce and who knowingly permits the participation described in subparagraph (A) shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(f) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the term `business of insurance' means--CommentsClose CommentsPermalink





`(A) the writing of insurance, orCommentsClose CommentsPermalink





`(B) the reinsuring of risks,CommentsClose CommentsPermalink





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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink

`Sec. 791. Civil penalties and injunctions for violations of section 790

`(a) CIVIL PENALTY- The Attorney General may bring a civil action in the appropriate United States district court against any person who engages in conduct constituting an offense under section 790 and, upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty of not more than $50,000 for each violation or the amount of compensation which the person received or offered for the prohibited conduct, whichever amount is greater. If the offense has contributed to the decision of a court of appropriate jurisdiction to issue an order directing the conservation, rehabilitation, or liquidation of an insurer, such penalty shall be remitted to the appropriate regulatory official for the benefit of the policyholders, claimants, and creditors of such insurer. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person.CommentsClose CommentsPermalink





`(b) ORDER PROHIBITING- If the Attorney General has reason to believe that a person is engaged in conduct constituting an offense under section 790, the Attorney General may petition an appropriate United States district court for an order prohibiting that person from engaging in such conduct. The court may issue an order prohibiting that person from engaging in such conduct if the court finds that the conduct constitutes such an offense. The filing of a petition under this section does not preclude any other remedy which is available by law to the United States or any other person.CommentsClose CommentsPermalink

`Sec. 792. False statements relating to health care matters

`Whoever, in any matter involving a health care benefit program, knowingly--CommentsClose CommentsPermalink





`(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; orCommentsClose CommentsPermalink





`(2) makes any materially false, fictitious, or fraudulent statements or representations, or makes or uses any materially false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry, in connection with the delivery of or payment for health care benefits, items, or services, shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink

`Sec. 793. Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport or seaport

`(a) OFFENSE- Whoever, by any fraud or false pretense, enters--CommentsClose CommentsPermalink





`(1) any real property belonging in whole or in part to, or leased by, the United States;CommentsClose CommentsPermalink





`(2) any vessel or aircraft belonging in whole or in part to, or leased by, the United States;CommentsClose CommentsPermalink





`(3) any secure or restricted area of any seaport, designated as secure in an approved security plan, as required under section 70103 of title 46 and the rules and regulations promulgated under that section; orCommentsClose CommentsPermalink





`(4) any secure area of any airport, shall be punished as provided in subsection (b).CommentsClose CommentsPermalink





`(b) The punishment for an offense under subsection (a) is--CommentsClose CommentsPermalink





`(1) imprisonment for not more than 10 years, if the offense is committed with the intent to commit a felony; orCommentsClose CommentsPermalink





`(2) imprisonment for not more than 6 months, in any other case.CommentsClose CommentsPermalink





`(c) As used in this section--CommentsClose CommentsPermalink





`(1) the term `secure area' means an area access to which is restricted by the airport authority, captain of the seaport, or a public agency; andCommentsClose CommentsPermalink





`(2) the term `airport' has the meaning given such term in section 47102 of title 49.CommentsClose CommentsPermalink

`Sec. 794. Fraud and related activity in connection with electronic mail

`(a) In General- Whoever, in or affecting interstate or foreign commerce, knowingly--CommentsClose CommentsPermalink





`(1) accesses a protected computer without authorization, and intentionally initiates the transmission of multiple commercial electronic mail messages from or through such computer,CommentsClose CommentsPermalink





`(2) uses a protected computer to relay or retransmit multiple commercial electronic mail messages, with the intent to deceive or mislead recipients, or any Internet access service, as to the origin of such messages,CommentsClose CommentsPermalink





`(3) materially falsifies header information in multiple commercial electronic mail messages and intentionally initiates the transmission of such messages,CommentsClose CommentsPermalink





`(4) registers, using information that materially falsifies the identity of the actual registrant, for five or more electronic mail accounts or online user accounts or two or more domain names, and intentionally initiates the transmission of multiple commercial electronic mail messages from any combination of such accounts or domain names, orCommentsClose CommentsPermalink





`(5) falsely represents oneself to be the registrant or the legitimate successor in interest to the registrant of 5 or more Internet Protocol addresses, and intentionally initiates the transmission of multiple commercial electronic mail messages from such addresses, or conspires to do so, shall be punished as provided in subsection (b).CommentsClose CommentsPermalink





`(b) Penalties- The punishment for an offense under subsection (a) is--CommentsClose CommentsPermalink





`(1) a fine under this title, imprisonment for not more than 5 years, or both, if--CommentsClose CommentsPermalink





`(A) the offense is committed in furtherance of any felony under the laws of the United States or of any State; orCommentsClose CommentsPermalink





`(B) the defendant has previously been convicted under this section or section 1030, or under the law of any State for conduct involving the transmission of multiple commercial electronic mail messages or unauthorized access to a computer system;CommentsClose CommentsPermalink





`(2) a fine under this title, imprisonment for not more than 3 years, or both, if--CommentsClose CommentsPermalink





`(A) the offense is an offense under subsection (a)(1);CommentsClose CommentsPermalink





`(B) the offense is an offense under subsection (a)(4) and involved 20 or more falsified electronic mail or online user account registrations, or 10 or more falsified domain name registrations;CommentsClose CommentsPermalink





`(C) the volume of electronic mail messages transmitted in furtherance of the offense exceeded 2,500 during any 24-hour period, 25,000 during any 30-day period, or 250,000 during any 1-year period;CommentsClose CommentsPermalink





`(D) the offense caused loss to one or more persons aggregating $5,000 or more in value during any 1-year period;CommentsClose CommentsPermalink





`(E) as a result of the offense any individual committing the offense obtained anything of value aggregating $5,000 or more during any 1-year period; orCommentsClose CommentsPermalink





`(F) the offense was undertaken by the defendant in concert with three or more other persons with respect to whom the defendant occupied a position of organizer or leader; andCommentsClose CommentsPermalink





`(3) a fine under this title or imprisonment for not more than 1 year, or both, in any other case.CommentsClose CommentsPermalink





`(c) Definitions- For the purposes of this section--CommentsClose CommentsPermalink





`(1) the term `loss' has the meaning given that term in section 787;CommentsClose CommentsPermalink





`(2) for purposes of paragraphs (3) and (4) of subsection (a), header information or registration information is materially falsified if it is altered or concealed in a manner that would impair the ability of a recipient of the message, an Internet access service processing the message on behalf of a recipient, a person alleging a violation of this section, or a law enforcement agency to identify, locate, or respond to a person who initiated the electronic mail message or to investigate the alleged violation;CommentsClose CommentsPermalink





`(3) the term `multiple' means more than 100 electronic mail messages during a 24-hour period, more than 1,000 electronic mail messages during a 30-day period, or more than 10,000 electronic mail messages during a 1-year period; andCommentsClose CommentsPermalink





`(4) any other term has the meaning given that term by section 3 of the CAN-SPAM Act of 2003.CommentsClose CommentsPermalink

`Sec. 795. False information and hoaxes

`(a) Criminal Violation-CommentsClose CommentsPermalink





`(1) In general- Whoever engages in any conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place that would constitute a violation of subchapter A of chapter 33 and subchapters B, D, E, and F of chapter 21, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of section 46504, section 46505(b)(3) or (c), section 46506 if homicide or attempted homicide is involved, or section 60123(b) of title 49, shall--CommentsClose CommentsPermalink





`(A) be imprisoned not more than 5 years;CommentsClose CommentsPermalink





`(B) if serious bodily injury results, be imprisoned not more than 20 years; andCommentsClose CommentsPermalink





`(C) if death results, be imprisoned for any number of years up to life.CommentsClose CommentsPermalink





`(2) Armed forces- Any person who makes a false statement, with intent to convey false or misleading information, about the death, injury, capture, or disappearance of a member of the Armed Forces of the United States during a war or armed conflict in which the United States is engaged--CommentsClose CommentsPermalink





`(A) shall be imprisoned not more than 5 years;CommentsClose CommentsPermalink





`(B) if serious bodily injury results, shall be imprisoned not more than 20 years; andCommentsClose CommentsPermalink





`(C) if death results, shall be imprisoned for any number of years or for life.CommentsClose CommentsPermalink





`(b) Civil Action- Whoever engages in any conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place that would constitute a violation of subchapter A of chapter 33 and subchapters B, D, E, and F of chapter 21, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of section 46504, section 46505 (b)(3) or (c), section 46506 if homicide or attempted homicide is involved, or section 60123(b) of title 49 is liable in a civil action to any party incurring expenses incident to any emergency or investigative response to that conduct, for those expenses.CommentsClose CommentsPermalink





`(c) Reimbursement-CommentsClose CommentsPermalink





`(1) In general- The court, in imposing a sentence on a defendant who has been convicted of an offense under subsection (a), shall order the defendant to reimburse any state or local government, or private not-for-profit organization that provides fire or rescue service incurring expenses incident to any emergency or investigative response to that conduct, for those expenses.CommentsClose CommentsPermalink





`(2) Liability- A person ordered to make reimbursement under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered to make reimbursement under this subsection for the same expenses.CommentsClose CommentsPermalink





`(3) Civil judgment- An order of reimbursement under this subsection shall, for the purposes of enforcement, be treated as a civil judgment.CommentsClose CommentsPermalink





`(d) Activities of Law Enforcement- This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or political subdivision of a State, or of an intelligence agency of the United States.CommentsClose CommentsPermalink

`Sec. 796. Fraud and related activity in connection with obtaining confidential phone records information of a covered entity

`(a) Criminal Violation- Whoever, in interstate or foreign commerce, knowingly and intentionally obtains, or attempts to obtain, confidential phone records information of a covered entity, by--CommentsClose CommentsPermalink





`(1) making false or fraudulent statements or representations to an employee of a covered entity;CommentsClose CommentsPermalink





`(2) making such false or fraudulent statements or representations to a customer of a covered entity;CommentsClose CommentsPermalink





`(3) providing a document to a covered entity knowing that such document is false or fraudulent; orCommentsClose CommentsPermalink





`(4) accessing customer accounts of a covered entity via the Internet, or by means of conduct that violates section 1030 of this title, without prior authorization from the customer to whom such confidential phone records information relates;CommentsClose CommentsPermalink





shall be fined under this title, imprisoned for not more than 10 years, or both.CommentsClose CommentsPermalink





`(b) Prohibition on Sale or Transfer of Confidential Phone Records Information-CommentsClose CommentsPermalink





`(1) Except as otherwise permitted by applicable law, whoever, in interstate or foreign commerce, knowingly and intentionally sells or transfers, or attempts to sell or transfer, confidential phone records information of a covered entity, without prior authorization from the customer to whom such confidential phone records information relates, or knowing or having reason to know such information was obtained fraudulently, shall be fined under this title, imprisoned not more than 10 years, or both.CommentsClose CommentsPermalink





`(2) For purposes of this subsection, the exceptions specified in section 222(d) of the Communications Act of 1934 shall apply for the use of confidential phone records information by any covered entity, as defined in subsection (h).CommentsClose CommentsPermalink





`(c) Prohibition on Purchase or Receipt of Confidential Phone Records Information-CommentsClose CommentsPermalink





`(1) Except as otherwise permitted by applicable law, whoever, in interstate or foreign commerce, knowingly and intentionally purchases or receives, or attempts to purchase or receive, confidential phone records information of a covered entity, without prior authorization from the customer to whom such confidential phone records information relates, or knowing or having reason to know such information was obtained fraudulently, shall be fined under this title, imprisoned not more than 10 years, or both.CommentsClose CommentsPermalink





`(2) For purposes of this subsection, the exceptions specified in section 222(d) of the Communications Act of 1934 shall apply for the use of confidential phone records information by any covered entity, as defined in subsection (h).CommentsClose CommentsPermalink





`(d) Enhanced Penalties for Aggravated Cases- Whoever violates, or attempts to violate, subsection (a), (b), or (c) while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000, or more than 50 customers of a covered entity, in a 12-month period shall, in addition to the penalties provided for in such subsection, be fined twice the amount provided in subsection (b)(3) or (c)(3) (as the case may be) of section 3571 of this title, imprisoned for not more than 5 years, or both.CommentsClose CommentsPermalink





`(e) Enhanced Penalties for Use of Information in Furtherance of Certain Criminal Offenses-CommentsClose CommentsPermalink





`(1) Whoever, violates, or attempts to violate, subsection (a), (b), or (c) knowing that such information may be used in furtherance of, or with the intent to commit, an offense described in section 2261, 2261A, 2262, or any other crime of violence shall, in addition to the penalties provided for in such subsection, be fined under this title and imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(2) Whoever, violates, or attempts to violate, subsection (a), (b), or (c) knowing that such information may be used in furtherance of, or with the intent to commit, an offense under section 111, 115, 1114, 1503, 1512, 1513, or to intimidate, threaten, harass, injure, or kill any Federal, State, or local law enforcement officer shall, in addition to the penalties provided for in such subsection, be fined under this title and imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(f) Extraterritorial Jurisdiction- There is extraterritorial jurisdiction over an offense under this section.CommentsClose CommentsPermalink





`(g) Nonapplicability to Law Enforcement Agencies- This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or political subdivision of a State, or of an intelligence agency of the United States.CommentsClose CommentsPermalink





`(h) Definitions- In this section:CommentsClose CommentsPermalink





`(1) CONFIDENTIAL PHONE RECORDS INFORMATION- The term `confidential phone records information' means information that--CommentsClose CommentsPermalink





`(A) relates to the quantity, technical configuration, type, destination, location, or amount of use of a service offered by a covered entity, subscribed to by any customer of that covered entity, and kept by or on behalf of that covered entity solely by virtue of the relationship between that covered entity and the customer;CommentsClose CommentsPermalink





`(B) is made available to a covered entity by a customer solely by virtue of the relationship between that covered entity and the customer; orCommentsClose CommentsPermalink





`(C) is contained in any bill, itemization, or account statement provided to a customer by or on behalf of a covered entity solely by virtue of the relationship between that covered entity and the customer.CommentsClose CommentsPermalink





`(2) COVERED ENTITY- The term `covered entity'--CommentsClose CommentsPermalink





`(A) has the same meaning given the term `telecommunications carrier' in section 3 of the Communications Act of 1934 (47 U.S.C. 153); andCommentsClose CommentsPermalink





`(B) includes any provider of IP-enabled voice service.CommentsClose CommentsPermalink





`(3) CUSTOMER- The term `customer' means, with respect to a covered entity, any individual, partnership, association, joint stock company, trust, or corporation, or authorized representative of such customer, to whom the covered entity provides a product or service.CommentsClose CommentsPermalink





`(4) IP-ENABLED VOICE SERVICE- The term `IP-enabled voice service' means the provision of real-time voice communications offered to the public, or such class of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network, or a successor network.CommentsClose CommentsPermalink

`SUBCHAPTER B--MAIL FRAUD

`Sec.CommentsClose CommentsPermalink

`801. Frauds and swindles.CommentsClose CommentsPermalink





`802. Fictitious name or address.CommentsClose CommentsPermalink





`803. Fraud by wire, radio, or television.CommentsClose CommentsPermalink





`804. Bank fraud.CommentsClose CommentsPermalink





`805. Definition of `scheme or artifice to defraud'.CommentsClose CommentsPermalink





`806. Health care fraud.CommentsClose CommentsPermalink





`807. Securities fraud.CommentsClose CommentsPermalink





`808. Failure of corporate officers to certify financial reports.CommentsClose CommentsPermalink

`Sec. 801. Frauds and swindles

`Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be imprisoned not more than 20 years. If the violation affects a financial institution, such person shall be imprisoned not more than 30 years.CommentsClose CommentsPermalink

`Sec. 802. Fictitious name or address

`Whoever, for the purpose of conducting, promoting, or carrying on by means of the Postal Service, any scheme or device mentioned in section 801 or any other unlawful business, uses or assumes, or requests to be addressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name, or takes or receives from any post office or authorized depository of mail matter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his or her own proper name, shall be imprisoned not more than five years.CommentsClose CommentsPermalink

`Sec. 803. Fraud by wire, radio, or television

`Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be imprisoned not more than 20 years. If the violation affects a financial institution, such person shall be imprisoned not more than 30 years.CommentsClose CommentsPermalink

`Sec. 804. Bank fraud

`Whoever knowingly executes, a scheme or artifice--CommentsClose CommentsPermalink





`(1) to defraud a financial institution; orCommentsClose CommentsPermalink





`(2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises;CommentsClose CommentsPermalink





shall be imprisoned not more than 30 years.CommentsClose CommentsPermalink

`Sec. 805. Definition of `scheme or artifice to defraud'

`For the purposes of this subchapter, the term `scheme or artifice to defraud' includes a scheme or artifice to deprive another of the intangible right of honest services.CommentsClose CommentsPermalink

`Sec. 806. Health care fraud

`Whoever knowingly executes a scheme or artifice--CommentsClose CommentsPermalink





`(1) to defraud any health care benefit program; orCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





in connection with the delivery of or payment for health care benefits, items, or services, shall be imprisoned not more than 10 years. If the violation results in serious bodily injury (as defined in section 1204 of this title), such person shall be imprisoned not more than 20 years; and if the violation results in death, such person shall be imprisoned for any term of years or for life.CommentsClose CommentsPermalink

`Sec. 807. Securities fraud

`Whoever knowingly executes a scheme or artifice--CommentsClose CommentsPermalink





`(1) to defraud any person in connection with any security of an issuer with a class of securities registered under section 12 of the Securities Exchange Act of 1934 or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934; orCommentsClose CommentsPermalink





`(2) to obtain, by means of false or fraudulent pretenses, representations, or promises, any money or property in connection with the purchase or sale of any security of an issuer with a class of securities registered under section 12 of the Securities Exchange Act of 1934 or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934;CommentsClose CommentsPermalink





shall be imprisoned not more than 25 years.CommentsClose CommentsPermalink

`Sec. 808. Failure of corporate officers to certify financial reports

`(a) Certification of Periodic Financial Reports- Each periodic report containing financial statements filed by an issuer with the Securities Exchange Commission pursuant to section 13(a) or 15(d) of the Securities Exchange Act of 1934 shall be accompanied by a written statement by the chief executive officer and chief financial officer (or equivalent thereof) of the issuer.CommentsClose CommentsPermalink





`(b) Content- The statement required under subsection (a) shall certify that the periodic report containing the financial statements fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of the issuer.CommentsClose CommentsPermalink





`(c) Criminal Penalties- Whoever knowingly--CommentsClose CommentsPermalink





`(1) certifies any statement as set forth in subsections (a) and (b) knowing that the periodic report accompanying the statement does not comport with all the requirements set forth in this section shall be imprisoned not more than 10 years; orCommentsClose CommentsPermalink





`(2) certifies any statement as set forth in subsections (a) and (b) knowing that the periodic report accompanying the statement does not comport with all the requirements set forth in this sectionCommentsClose CommentsPermalink





shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink

`CHAPTER 27--CRIMES RELATED TO FEDERAL GOVERNMENT RESPONSIBILITIES

`SubchapterCommentsClose CommentsPermalink

--Sec.CommentsClose CommentsPermalink

851CommentsClose CommentsPermalink

861CommentsClose CommentsPermalink

871CommentsClose CommentsPermalink

881CommentsClose CommentsPermalink

891CommentsClose CommentsPermalink

921CommentsClose CommentsPermalink

941CommentsClose CommentsPermalink

961CommentsClose CommentsPermalink

`SUBTITLE A--COINS AND CURRENCY

`Sec.CommentsClose CommentsPermalink

`851. Mutilation, diminution, and falsification of coins.CommentsClose CommentsPermalink





`852. Mutilation of national bank obligations.CommentsClose CommentsPermalink

`Sec. 851. Mutilation, diminution, and falsification of coins

`Whoever--CommentsClose CommentsPermalink





`(1) fraudulently alters, defaces, mutilates, impairs, diminishes, falsifies, scales, or lightens any of the coins coined at the mints of the United States, or any foreign coins which are by law made current or are in actual use or circulation as money within the United States; orCommentsClose CommentsPermalink





`(2) fraudulently possesses, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or brings into the United States, any such coin, knowing the same to be altered, defaced, mutilated, impaired, diminished, falsified, scaled, or lightened;CommentsClose CommentsPermalink





shall be imprisoned not more than five years.CommentsClose CommentsPermalink

`Sec. 852. Mutilation of national bank obligations

`Whoever mutilates, cuts, defaces, disfigures, or perforates, or unites or cements together, or does any other thing to any bank bill, draft, note, or other evidence of debt issued by any national banking association, or Federal Reserve bank, or the Federal Reserve System, with intent to render such bank bill, draft, note, or other evidence of debt unfit to be reissued, shall be imprisoned not more than six months.CommentsClose CommentsPermalink

`SUBCHAPTER B--CUSTOMS

`Sec.CommentsClose CommentsPermalink

`861. Entry of goods falsely classified.CommentsClose CommentsPermalink





`862. Entry of goods by means of false statements.CommentsClose CommentsPermalink





`863. Smuggling goods into the United States.CommentsClose CommentsPermalink





`864. Smuggling goods into foreign countries.CommentsClose CommentsPermalink





`865. Removing goods from customs custody; breaking seals.CommentsClose CommentsPermalink





`866. Importation or exportation of stolen motor vehicles, off-highway mobile equipment, vessels, or aircraft.CommentsClose CommentsPermalink





`867. Smuggling goods from the United States.CommentsClose CommentsPermalink





`868. Border tunnels and passages.CommentsClose CommentsPermalink

`Sec. 861. Entry of goods falsely classified

`Whoever knowingly effects any entry of goods, wares, or merchandise, at less than the true weight or measure thereof, or upon a false classification as to quality or value, or by the payment of less than the amount of duty legally due, shall be imprisoned not more than two years.CommentsClose CommentsPermalink

`Sec. 862. Entry of goods by means of false statements

`(a) OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) enters or introduces, or attempts to enter or introduce, into the commerce of the United States any imported merchandise by means of any fraudulent or false invoice, declaration, affidavit, letter, paper, or by means of any false statement, written or verbal, or by means of any false or fraudulent practice or appliance, or makes any false statement in any declaration without reasonable cause to believe the truth of such statement, or procures the making of any such false statement as to any matter material thereto without reasonable cause to believe the truth of such statement, whether or not the United States shall or may be deprived of any lawful duties; orCommentsClose CommentsPermalink





`(2) knowingly engages in an act or omission whereby the United States is or may be deprived of any lawful duties accruing upon merchandise embraced or referred to in such invoice, declaration, affidavit, letter, paper, or statement, or affected by such act or omission;CommentsClose CommentsPermalink





shall be imprisoned not more than two years.CommentsClose CommentsPermalink





`(b) DEFINITION- As used in this section, the term `commerce of the United States' does not include commerce with Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, or Guam.CommentsClose CommentsPermalink

`Sec. 863. Smuggling goods into the United States

`(a) OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) knowingly and with intent to defraud the United States, smuggles, or clandestinely introduces or attempts to smuggle or clandestinely introduce into the United States any merchandise which should have been invoiced, or makes out or passes, or attempts to pass, through the customhouse any false, forged, or fraudulent invoice, or other document or paper; orCommentsClose CommentsPermalink





`(2) fraudulently or knowingly imports or brings into the United States, any merchandise contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise after importation, knowing the same to have been imported or brought into the United States contrary to law;CommentsClose CommentsPermalink





shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink





`(b) DEFINITION- The term `United States', as used in this section, does not include Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, or Guam.CommentsClose CommentsPermalink

`Sec. 864. Smuggling goods into foreign countries

`(a) OFFENSE- Whoever, owning in whole or in part any vessel of the United States, employs, or participates in, or allows the employment of, such vessel for the purpose of smuggling, or attempting to smuggle, or assisting in smuggling, any merchandise into the territory of any foreign government in violation of the laws there in force, if under the laws of such foreign government any penalty or forfeiture is provided for violation of the laws of the United States respecting the customs revenue, and any citizen of, or person domiciled in, or any corporation incorporated in, the United States, controlling or substantially participating in the control of any such vessel, directly or indirectly, whether through ownership of corporate shares or otherwise, and allowing the employment of said vessel for any such purpose, and any person found, or discovered to have been, on board of any such vessel so employed and participating or assisting in any such purpose, shall be imprisoned not more than two years.CommentsClose CommentsPermalink





`(b) HIRING OR CHARTERING OF VESSELS- It shall constitute an offense under this section to hire out or charter a vessel if the lessor or charterer has knowledge or reasonable grounds for belief that the lessee or person chartering the vessel intends to employ such vessel for any of the purposes described in this section and if such vessel is, during the time such lease or charter is in effect, employed for any such purpose.CommentsClose CommentsPermalink

`Sec. 865. Removing goods from customs custody; breaking seals

`Whoever knowingly--CommentsClose CommentsPermalink





`(1) without authority, affixes or attaches a customs seal, fastening, or mark, or any seal, fastening, or mark purporting to be a customs seal, fastening, or mark to any vessel, vehicle, warehouse, or package;CommentsClose CommentsPermalink





`(2) without authority, removes, breaks, injures, or defaces any customs seal or other fastening or mark placed upon any vessel, vehicle, warehouse, or package containing merchandise or baggage in bond or in customs custody;CommentsClose CommentsPermalink





`(3) enters any bonded warehouse or any vessel or vehicle laden with or containing bonded merchandise with intent unlawfully to remove therefrom any merchandise or baggage therein, or unlawfully removes any merchandise or baggage in such vessel, vehicle, or bonded warehouse or otherwise in customs custody or control; orCommentsClose CommentsPermalink





`(4) receives or transports any merchandise or baggage unlawfully removed from any such vessel, vehicle, or warehouse, knowing the same to have been unlawfully removed;CommentsClose CommentsPermalink





shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink

`Sec. 866. Importation or exportation of stolen motor vehicles, off-highway mobile equipment, vessels, or aircraft

`(a) OFFENSE- Whoever knowingly imports, exports, or attempts to import or export--CommentsClose CommentsPermalink





`(1) any motor vehicle, off-highway mobile equipment, vessel, aircraft, or part of any motor vehicle, off-highway mobile equipment, vessel, or aircraft, knowing the same to have been stolen; orCommentsClose CommentsPermalink





`(2) any motor vehicle or off-highway mobile equipment or part of any motor vehicle or off-highway mobile equipment, knowing that the identification number of such motor vehicle, equipment, or part has been removed, obliterated, tampered with, or altered;CommentsClose CommentsPermalink





shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink





`(b) EXCLUSION- Subsection (a)(2) does not apply if the removal, obliteration, tampering, or alteration--CommentsClose CommentsPermalink





`(1) is caused by collision or fire; orCommentsClose CommentsPermalink





`(2)(A) in the case of a motor vehicle, is not a violation of section 718 of this title (relating to altering or removing motor vehicle identification numbers); orCommentsClose CommentsPermalink





`(B) in the case of off-highway mobile equipment, would not be a violation of section 718 of this title if such equipment were a motor vehicle.CommentsClose CommentsPermalink





`(c) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the term `motor vehicle' has the meaning given that term in section 32101 of title 49;CommentsClose CommentsPermalink





`(2) the term `off-highway mobile equipment' means any self-propelled agricultural equipment, self-propelled construction equipment, and self-propelled special use equipment, used or designed for running on land but not on rail or highway;CommentsClose CommentsPermalink





`(3) the term `vessel' has the meaning given that term in section 401 of the Tariff Act of 1930;CommentsClose CommentsPermalink





`(4) the term `aircraft' has the meaning given that term in section 40102(a) of title 49; andCommentsClose CommentsPermalink





`(5) the term `identification number'--CommentsClose CommentsPermalink





`(A) in the case of a motor vehicle, has the meaning given that term in section 718 of this title; andCommentsClose CommentsPermalink





`(B) in the case of any other vehicle or equipment covered by this section, means a number or symbol assigned to the vehicle or equipment, or part thereof, by the manufacturer primarily for the purpose of identifying such vehicle, equipment, or part.CommentsClose CommentsPermalink

`Sec. 867. Smuggling goods from the United States

`(a) Offense- Whoever fraudulently or knowingly exports or sends from the United States any merchandise, article, or object contrary to any law or regulation of the United States, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise, article or object, prior to exportation, knowing the same to be intended for exportation contrary to any law or regulation of the United States, shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink





`(b) Definition- As used in this section, the term `United States' has the meaning given that term in section 863.CommentsClose CommentsPermalink

`Sec. 868. Border tunnels and passages

`(a) CONSTRUCTION- Whoever knowingly constructs or finances the construction of a tunnel or subterranean passage that crosses the international border between the United States and another country, other than a lawfully authorized tunnel or passage known to the Secretary of Homeland Security and subject to inspection by Immigration and Customs Enforcement, shall be imprisoned for not more than 20 years.CommentsClose CommentsPermalink





`(b) DISREGARDING CONSTRUCTION- Whoever knows or recklessly disregards the construction or use of a tunnel or passage described in subsection (a) on land that the person owns or controls shall be imprisoned for not more than 10 years.CommentsClose CommentsPermalink





`(c) USE-CommentsClose CommentsPermalink





`(1) OFFENSE- Whoever uses a tunnel or passage described in subsection (a) to unlawfully smuggle an alien, goods (in violation of section 863), controlled substances, weapons of mass destruction (including biological weapons), or a member of a terrorist organization shall be subject to a maximum term of imprisonment that is twice the maximum term of imprisonment that would have otherwise been applicable had the unlawful activity not made use of such a tunnel or passage.CommentsClose CommentsPermalink





`(2) DEFINITION- As used in this subsection, the term `terrorist organization' means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act.CommentsClose CommentsPermalink

`SUBCHAPTER C--INDIANS

`Sec.CommentsClose CommentsPermalink

`871. Indian country defined.CommentsClose CommentsPermalink





`872. Laws governing.CommentsClose CommentsPermalink





`873. Offenses committed within Indian country.CommentsClose CommentsPermalink





`874. State jurisdiction over offenses committed by or against Indians in the Indian country.CommentsClose CommentsPermalink





`875. Embezzlement and theft from Indian tribal organizations.CommentsClose CommentsPermalink





`876. Theft from gaming establishments on Indian lands.CommentsClose CommentsPermalink





`877. Theft by officers or employees of gaming establishments on Indian lands.CommentsClose CommentsPermalink





`878. Reporting of child abuse.CommentsClose CommentsPermalink





`879. Illegal trafficking in Native American human remains and cultural items.CommentsClose CommentsPermalink

`Sec. 871. Indian country defined

`The term `Indian country', as used in this subchapter, means--CommentsClose CommentsPermalink





`(1) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation;CommentsClose CommentsPermalink





`(2) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; andCommentsClose CommentsPermalink





`(3) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.CommentsClose CommentsPermalink

`Sec. 872. Laws governing

`(a) GENERALLY- Except as otherwise expressly provided by law, the general laws of the United States as to the punishment of offenses committed in any place within the sole and exclusive jurisdiction of the United States, except the District of Columbia, shall extend to the Indian country.CommentsClose CommentsPermalink





`(b) LIMITATION- This section does not extend to offenses committed by one Indian against the person or property of another Indian, nor to any Indian committing any offense in the Indian country who has been punished by the local law of the tribe, or to any case where, by treaty stipulations, the exclusive jurisdiction over such offenses is or may be secured to the Indian tribes respectively.CommentsClose CommentsPermalink

`Sec. 873. Offenses committed within Indian country

`(a) MAJOR CRIMES- Any Indian who commits against the person or property of another Indian or other person any of the following offenses, namely, murder, manslaughter, kidnapping, maiming, a felony under subchapter A of chapter 13, incest, assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury (as defined in section 1365 of this title), an assault against an individual who has not attained the age of 16 years, arson, burglary, robbery, and a felony under section 661 of this title within the Indian country, shall be subject to the same law and penalties as all other persons committing any of the above offenses, within the exclusive jurisdiction of the United States.CommentsClose CommentsPermalink





`(b) DEFINITION OF CERTAIN OFFENSES- Any offense referred to in subsection (a) of this section that is not defined and punished by Federal law in force within the exclusive jurisdiction of the United States shall be defined and punished in accordance with the laws of the State in which such offense was committed as are in force at the time of such offense.CommentsClose CommentsPermalink

`Sec. 874. State jurisdiction over offenses committed by or against Indians in the Indian country

`(a) IN GENERAL- Each State listed in the following table shall have jurisdiction over offenses committed by or against Indians in the areas of Indian country listed opposite the name of the State to the same extent that such State has jurisdiction over offenses committed elsewhere within the State, and the criminal laws of such State shall have the same force and effect within such Indian country as they have elsewhere within the State:CommentsClose CommentsPermalink

-------------------------------------------------------------------------------- CommentsClose CommentsPermalink

State or Territory of                                                                                                                                                                                                                                                                                                  Indian country affected CommentsClose CommentsPermalink

-------------------------------------------------------------------------------- CommentsClose CommentsPermalink

               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. CommentsClose CommentsPermalink

           California                                                                                                                                                                                                                                                                                     All Indian country within the State. CommentsClose CommentsPermalink

            Minnesota                                                                                                                                                                                                                                                    All Indian country within the State, except the Red Lake Reservation. CommentsClose CommentsPermalink

             Nebraska                                                                                                                                                                                                                                                                                     All Indian country within the State. CommentsClose CommentsPermalink

               Oregon                                                                                                                                                                                                                                                All Indian country within the State, except the Warm Springs Reservation. CommentsClose CommentsPermalink

            Wisconsin                                                                                                                                                                                                                                                                                     All Indian country within the State. CommentsClose CommentsPermalink

-------------------------------------------------------------------------------- CommentsClose CommentsPermalink

`(b) NON-CRIMINAL MATTERS NOT AFFECTED- Nothing in this section--CommentsClose CommentsPermalink





`(1) authorizes the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States;CommentsClose CommentsPermalink





`(2) authorizes regulation of the use of such property in a manner inconsistent with any Federal treaty, agreement, or statute or with any regulation made pursuant thereto; orCommentsClose CommentsPermalink





`(3) deprives any Indian or any Indian tribe, band, or community of any right, privilege, or immunity afforded under Federal treaty, agreement, or statute with respect to hunting, trapping, or fishing or the control, licensing, or regulation thereof.CommentsClose CommentsPermalink





`(c) NONAPPLICATION- Sections 872 and 873 do not apply within the areas of Indian country listed in subsection (a) as areas over which a State has exclusive jurisdiction.CommentsClose CommentsPermalink

`Sec. 875. Embezzlement and theft from Indian tribal organizations

`(a) OFFENSE- Whoever embezzles, steals, unlawfully converts, knowingly misapplies, or knowingly permits to be misapplied, any of the property belonging to any Indian tribal organization or entrusted to the custody or care of any officer, employee, or agent of an Indian tribal organization shall be imprisoned not more than five years; but if the value of such property does not exceed the sum of $1,000, shall be imprisoned not more than one year.CommentsClose CommentsPermalink





`(b) DEFINITION- As used in this section, the term `Indian tribal organization' means any tribe, band, or community of Indians which is subject to the laws of the United States relating to Indian affairs or any corporation, association, or group which is organized under any of such laws.CommentsClose CommentsPermalink

`Sec. 876. Theft from gaming establishments on Indian lands

`Whoever abstracts, purloins, knowingly misapplies, or takes and carries away with intent to steal, any money, funds, or other property belonging to a gaming establishment operated by or for or licensed by an Indian tribe pursuant to an ordinance or resolution approved by the National Indian Gaming Commission shall be imprisoned for not more than ten years, but if the value of such property does not exceed $1,000, shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 877. Theft by officers or employees of gaming establishments on Indian lands

`Whoever, being an officer, employee, or individual licensee of a gaming establishment operated by or for or licensed by an Indian tribe pursuant to an ordinance or resolution approved by the National Indian Gaming Commission, embezzles, abstracts, purloins, willfully misapplies, or takes and carries away with intent to steal, any moneys, funds, assets, or other property of such establishment shall be imprisoned for not more than 20 years, but if the value of such property is $1,000 or less shall be imprisoned not more than five years.CommentsClose CommentsPermalink

`Sec. 878. Reporting of child abuse

`(a) BASIC REPORTING OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) is a--CommentsClose CommentsPermalink





`(A) physician, surgeon, dentist, podiatrist, chiropractor, nurse, dental hygienist, optometrist, medical examiner, emergency medical technician, paramedic, or health care provider,CommentsClose CommentsPermalink





`(B) teacher, school counselor, instructional aide, teacher's aide, teacher's assistant, or bus driver employed by any tribal, Federal, public or private school,CommentsClose CommentsPermalink





`(C) administrative officer, supervisor of child welfare and attendance, or truancy officer of any tribal, Federal, public or private school,CommentsClose CommentsPermalink





`(D) child day care worker, headstart teacher, public assistance worker, worker in a group home or residential or day care facility, or social worker,CommentsClose CommentsPermalink





`(E) psychiatrist, psychologist, or psychological assistant,CommentsClose CommentsPermalink





`(F) licensed or unlicensed marriage, family, or child counselor,CommentsClose CommentsPermalink





`(G) person employed in the mental health profession, orCommentsClose CommentsPermalink





`(H) law enforcement officer, probation officer, worker in a juvenile rehabilitation or detention facility, or person employed in a public agency who is responsible for enforcing statutes and judicial orders;CommentsClose CommentsPermalink





`(2) knows, or has reasonable suspicion, that--CommentsClose CommentsPermalink





`(A) a child was abused in Indian country, orCommentsClose CommentsPermalink





`(B) actions are being taken, or are going to be taken, that would reasonably be expected to result in abuse of a child in Indian country; andCommentsClose CommentsPermalink





`(3) fails to immediately report such abuse or actions described in paragraph (2) to the local child protective services agency or local law enforcement agency,CommentsClose CommentsPermalink





shall be imprisoned for not more than 6 months.CommentsClose CommentsPermalink





`(b) OFFENSE BY SUPERVISORS- Any person who--CommentsClose CommentsPermalink





`(1) supervises, or has authority over, a person described in subsection (a)(1), andCommentsClose CommentsPermalink





`(2) inhibits or prevents that person from making the report described in subsection (a),CommentsClose CommentsPermalink





shall be imprisoned for not more than 6 months.CommentsClose CommentsPermalink





`(c) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the term `abuse' includes--CommentsClose CommentsPermalink





`(A) any case in which--CommentsClose CommentsPermalink





`(i) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, andCommentsClose CommentsPermalink





`(ii) such condition is not justifiably explained or may not be the product of an accidental occurrence; andCommentsClose CommentsPermalink





`(B) any case in which a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution;CommentsClose CommentsPermalink





`(2) the term `child' means an individual who--CommentsClose CommentsPermalink





`(A) is not married, andCommentsClose CommentsPermalink





`(B) has not attained 18 years of age;CommentsClose CommentsPermalink





`(3) the term `local child protective services agency' means that agency of the Federal Government, of a State, or of an Indian tribe that has the primary responsibility for child protection on any Indian reservation or within any community in Indian country; andCommentsClose CommentsPermalink





`(4) the term `local law enforcement agency' means that Federal, tribal, or State law enforcement agency that has the primary responsibility for the investigation of an instance of alleged child abuse within the portion of Indian country involved.CommentsClose CommentsPermalink





`(d) IMMUNITY FROM CIVIL OR CRIMINAL LIABILITY FOR REPORTING- Any person making a report described in subsection (a) which is based upon their reasonable belief and which is made in good faith shall be immune from civil or criminal liability for making that report.CommentsClose CommentsPermalink

`Sec. 879. Illegal trafficking in Native American human remains and cultural items

`(a) HUMAN REMAINS- Whoever knowingly sells, purchases, uses for profit, or transports for sale or profit, the human remains of a Native American without the right of possession to those remains as provided in the Native American Graves Protection and Repatriation Act shall be imprisoned not more than 12 months, and in the case of a second or subsequent violation, be imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(b) CULTURAL ITEMS- Whoever knowingly sells, purchases, uses for profit, or transports for sale or profit any Native American cultural items obtained in violation of the Native American Grave Protection and Repatriation Act shall be imprisoned not more than one year, and in the case of a second or subsequent violation, be imprisoned not more than 5 years.CommentsClose CommentsPermalink

`SUBCHAPTER D--BANKRUPTCY

`Sec.CommentsClose CommentsPermalink

`881. Concealment of assets; false oaths and claims; bribery.CommentsClose CommentsPermalink





`882. Embezzlement against estate.CommentsClose CommentsPermalink





`883. Adverse interest and conduct of officers.CommentsClose CommentsPermalink





`884. Fee agreements in cases under title 11 and receiverships.CommentsClose CommentsPermalink





`885. Bankruptcy fraud.CommentsClose CommentsPermalink





`886. Designation of United States attorneys and agents of the Federal Bureau of Investigation to address abusive reaffirmations of debt and materially fraudulent statements in bankruptcy schedules.CommentsClose CommentsPermalink





`887. Definition.CommentsClose CommentsPermalink

`Sec. 881. Concealment of assets; false oaths and claims; bribery

`Whoever--CommentsClose CommentsPermalink





`(1) knowingly conceals from a custodian, trustee, marshal, or other officer of the court charged with the control or custody of property, or, in connection with a case under title 11, from creditors or the United States Trustee, any property belonging to the estate of a debtor;CommentsClose CommentsPermalink





`(2) knowingly makes a false oath or account in or in relation to any case under title 11;CommentsClose CommentsPermalink





`(3) knowingly makes a false declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, in or in relation to any case under title 11;CommentsClose CommentsPermalink





`(4) knowingly presents any false claim for proof against the estate of a debtor, or uses any such claim in any case under title 11, in a personal capacity or as or through an agent, proxy, or attorney;CommentsClose CommentsPermalink





`(5) knowingly receives any material amount of property from a debtor after the filing of a case under title 11, with intent to defeat the provisions of title 11;CommentsClose CommentsPermalink





`(6) knowingly and corruptly gives, offers, receives, or attempts to obtain any money or property, remuneration, compensation, reward, advantage, or promise thereof for acting or forbearing to act in any case under title 11;CommentsClose CommentsPermalink





`(7) in a personal capacity or as an agent or officer of any person or corporation, in contemplation of a case under title 11 by or against the person or any other person or corporation, or with intent to defeat the provisions of title 11, knowingly transfers or conceals any of his property or the property of such other person or corporation;CommentsClose CommentsPermalink





`(8) after the filing of a case under title 11 or in contemplation thereof, knowingly conceals, destroys, mutilates, falsifies, or makes a false entry in any recorded information (including books, documents, records, and papers) relating to the property or financial affairs of a debtor; orCommentsClose CommentsPermalink





`(9) after the filing of a case under title 11, knowingly withholds from a custodian, trustee, marshal, or other officer of the court or a United States Trustee entitled to its possession, any recorded information (including books, documents, records, and papers) relating to the property or financial affairs of a debtor,CommentsClose CommentsPermalink





shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink

`Sec. 882. Embezzlement against estate

`(a) Offense- Whoever, being described in subsection (b), knowingly and unlawfully appropriates to the person's own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(b) Person to Whom Section Applies- A person described in this subsection is one who has access to property or documents belonging to an estate by virtue of the person's participation in the administration of the estate as a trustee, custodian, marshal, attorney, or other officer of the court or as an agent, employee, or other person engaged by such an officer to perform a service with respect to the estate.CommentsClose CommentsPermalink

`Sec. 883. Adverse interest and conduct of officers

`Whoever, being a custodian, trustee, marshal, or other officer of the court--CommentsClose CommentsPermalink





`(1) knowingly purchases any property of the estate of which the person is such an officer in a case under title 11;CommentsClose CommentsPermalink





`(2) knowingly refuses to permit a reasonable opportunity for the inspection by parties in interest of the documents and accounts relating to the affairs of estates in the person's charge by parties when directed by the court to do so; orCommentsClose CommentsPermalink





`(3) knowingly refuses to permit a reasonable opportunity for the inspection by the United States Trustee of the documents and accounts relating to the affairs of an estate in the person's charge,CommentsClose CommentsPermalink





shall be fined under this title and shall forfeit the person's office, which shall thereupon become vacant.CommentsClose CommentsPermalink

`Sec. 884. Fee agreements in cases under title 11 and receiverships

`Whoever, being a party in interest, whether as a debtor, creditor, receiver, trustee or representative of any of them, or attorney for any such party in interest, in any receivership or case under title 11 in any United States court or under its supervision, knowingly and corruptly enters into any agreement, express or implied, with another such party in interest or attorney for another such party in interest, for the purpose of fixing the fees or other compensation to be paid to any party in interest or to any attorney for any party in interest for services rendered in connection therewith, from the assets of the estate, shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 885. Bankruptcy fraud

`Whoever for the purpose of executing or concealing a scheme or artifice to defraud--CommentsClose CommentsPermalink





`(1) files a petition under title 11, including a fraudulent involuntary bankruptcy petition under section 303 of such title;CommentsClose CommentsPermalink





`(2) files a document in a proceeding under title 11; orCommentsClose CommentsPermalink





`(3) makes a false or fraudulent representation, claim, or promise concerning or in relation to a proceeding under title 11, at any time before or after the filing of the petition, or in relation to a proceeding falsely asserted to be pending under such title,CommentsClose CommentsPermalink





shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink

`Sec. 886. Designation of United States attorneys and agents of the Federal Bureau of Investigation to address abusive reaffirmations of debt and materially fraudulent statements in bankruptcy schedules

`(a) In General- The Attorney General of the United States shall designate the individuals described in subsection (b) to have primary responsibility in carrying out enforcement activities in addressing violations of section 871 or 875 relating to abusive reaffirmations of debt. In addition to addressing the violations referred to in the preceding sentence, the individuals described under subsection (b) shall address violations of section 871 or 875 relating to materially fraudulent statements in bankruptcy schedules that are intentionally false or intentionally misleading.CommentsClose CommentsPermalink





`(b) United States Attorneys and Agents of the Federal Bureau of Investigation- The individuals referred to in subsection (a) are--CommentsClose CommentsPermalink





`(1) the United States attorney for each judicial district of the United States; andCommentsClose CommentsPermalink





`(2) an agent of the Federal Bureau of Investigation for each field office of the Federal Bureau of Investigation.CommentsClose CommentsPermalink





`(c) Bankruptcy Investigations- Each United States attorney designated under this section shall, in addition to any other responsibilities, have primary responsibility for carrying out the duties of a United States attorney under section 3057.CommentsClose CommentsPermalink





`(d) Bankruptcy Procedures- The bankruptcy courts shall establish procedures for referring any case that may contain a materially fraudulent statement in a bankruptcy schedule to the individuals designated under this section.CommentsClose CommentsPermalink

`Sec. 887. Definition

`As used in this subchapter, the term `debtor' means a debtor concerning whom a petition has been filed under title 11.CommentsClose CommentsPermalink

`SUBCHAPTER E--CIVIL RIGHTS

`Sec.CommentsClose CommentsPermalink

`891. Conspiracy against rights.CommentsClose CommentsPermalink





`892. Deprivation of rights under color of law.CommentsClose CommentsPermalink





`893. Exclusion of jurors on account of race or color.CommentsClose CommentsPermalink





`894. Discrimination against person wearing uniform of armed forces.CommentsClose CommentsPermalink





`895. Federally protected activities.CommentsClose CommentsPermalink





`896. Deprivation of relief benefits.CommentsClose CommentsPermalink





`897. Damage to religious property; obstruction of persons in the free exercise of religious beliefs.CommentsClose CommentsPermalink





`898. Freedom of access to clinic entrances.CommentsClose CommentsPermalink





`899. Voting Rights Act violations.CommentsClose CommentsPermalink





`900. Prevention of intimidation in fair housing cases.CommentsClose CommentsPermalink

`Sec. 891. Conspiracy against rights

`If two or more persons--CommentsClose CommentsPermalink





`(1) conspire to injure, oppress, threaten, or intimidate any person in any State in the free exercise or enjoyment of any right or privilege secured to that person by the Constitution or laws of the United States, or because of that person's having so exercised the same; orCommentsClose CommentsPermalink





`(2) go in disguise on the highway, or on the premises of another, with intent to prevent or hinder that other's free exercise or enjoyment of any right or privilege so secured;CommentsClose CommentsPermalink





each shall be imprisoned not more than ten years; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, each shall be imprisoned for any term of years or for life, or may be sentenced to death.CommentsClose CommentsPermalink

`Sec. 892. Deprivation of rights under color of law

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

`Sec. 893. Exclusion of jurors on account of race or color

`No citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States, or of any State on account of race, color, or previous condition of servitude; and whoever, being an officer or other person charged with any duty in the selection or summoning of jurors, excludes or fails to summon any citizen for such cause, shall be fined not more than $5,000.CommentsClose CommentsPermalink

`Sec. 894. Discrimination against person wearing uniform of armed forces

`Whoever, being a proprietor, manager, or employee of a theater or other public place of entertainment or amusement in the District of Columbia, or in any territory, or possession of the United States, causes any person wearing the uniform of any of the armed forces of the United States to be discriminated against because of that uniform, shall be fined under this title.CommentsClose CommentsPermalink

`Sec. 895. Federally protected activities

`(a) CONSTRUCTION-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(b) OFFENSE- 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--CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(B) participating in or enjoying any benefit, service, privilege, program, facility, or activity provided or administered by the United States;CommentsClose CommentsPermalink





`(C) applying for or enjoying employment, or any perquisite thereof, by any agency of the United States;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(E) participating in or enjoying the benefits of any program or activity receiving Federal financial assistance;CommentsClose CommentsPermalink





`(2) any person because of his race, color, religion or national origin and because he is or has been--CommentsClose CommentsPermalink





`(A) enrolling in or attending any public school or public college;CommentsClose CommentsPermalink





`(B) participating in or enjoying any benefit service, privilege, program, facility or activity provided or administered by any State or subdivision thereof;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(D) serving, or attending upon any court of any State in connection with possible service, as a grand or petit juror;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(4) any person because that person is or has been, or in order to intimidate such person or any other person or any class of persons from--CommentsClose CommentsPermalink





`(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); orCommentsClose CommentsPermalink





`(B) affording another person or class of persons opportunity or protection to so participate; orCommentsClose CommentsPermalink





`(5) any citizen because that person is or has been, or in order to intimidate such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion or national origin, in any of the benefits or activities described in subparagraphs (1)(A) through (1)(E) or subparagraphs (2)(A) through (2)(F), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate--CommentsClose CommentsPermalink





shall be imprisoned not more than one year; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be imprisoned not more than ten years; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be imprisoned for any term of years or for life or may be sentenced to death.CommentsClose CommentsPermalink





`(c) DEFINITION- As used in this section, the term `participating lawfully in speech or peaceful assembly' shall not mean the aiding, abetting, or inciting of other persons to riot or to commit any act of physical violence upon any individual or against any real or personal property in furtherance of a riot. Nothing in subparagraph (2)(F) or (4)(A) of this subsection shall apply to the proprietor of any establishment which provides lodging to transient guests, or to any employee acting on behalf of such proprietor, with respect to the enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of such establishment if such establishment is located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor as the proprietor's residence.CommentsClose CommentsPermalink





`(d) LAW ENFORCEMENT DUTIES NOT AFFECTED- Nothing in this section shall be construed so as to deter any law enforcement officer from lawfully carrying out the duties of his office; and no law enforcement officer shall be considered to be in violation of this section for lawfully carrying out the duties of his office or lawfully enforcing ordinances and laws of the United States, the District of Columbia, any of the several States, or any political subdivision of a State. For purposes of the preceding sentence, the term `law enforcement officer' means any officer of the United States, the District of Columbia, a State, or political subdivision of a State, who is empowered by law to conduct investigations of, or make arrests because of, offenses against the United States, the District of Columbia, a State, or a political subdivision of a State.CommentsClose CommentsPermalink

`Sec. 896. Deprivation of relief benefits

`Whoever directly or indirectly deprives, attempts to deprive, or threatens to deprive any person of any employment, position, work, compensation, or other benefit provided for or made possible in whole or in part by any Act of Congress appropriating funds for work relief or relief purposes, on account of political affiliation, race, color, sex, religion, or national origin, shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 897. Damage to religious property; obstruction of persons in the free exercise of religious beliefs

`(a) RELIGIOUS PROPERTY OFFENSE RELATING TO RELIGIOUS CHARACTER- Whoever, in or affecting interstate or foreign commerce--CommentsClose CommentsPermalink





`(1) knowingly defaces, damages, or destroys any religious real property, because of the religious character of that property; orCommentsClose CommentsPermalink





`(2) knowingly obstructs, by force or threat of force, any person in the enjoyment of that person's free exercise of religious beliefs;CommentsClose CommentsPermalink





shall be punished as provided in subsection (c).CommentsClose CommentsPermalink





`(b) PROPERTY OFFENSE MOTIVATED BY RACIAL AND OTHER CHARACTERISTICS- Whoever knowingly defaces, damages, or destroys any religious real property because of the race, color, or ethnic characteristics of any individual associated with that religious property, shall be punished as provided in subsection (c).CommentsClose CommentsPermalink





`(c) PUNISHMENT- The punishment for a violation of subsection (a) is--CommentsClose CommentsPermalink





`(1) if death results from acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, imprisonment for any term of years or for life, or death;CommentsClose CommentsPermalink





`(2) if bodily injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section, and the violation is by means of fire or an explosive, or imprisonment for more that 40 years;CommentsClose CommentsPermalink





`(3) if bodily injury to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section, results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, imprisonment for not more than 20 years; andCommentsClose CommentsPermalink





`(4) in any other case, imprisonment for not more than one year.CommentsClose CommentsPermalink





`(d) CERTIFICATION- No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification in writing of the Attorney General or his designee that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice.CommentsClose CommentsPermalink





`(e) DEFINITION- As used in this section, the term `religious real property' means any church, synagogue, mosque, religious cemetery, or other religious real property, including fixtures or religious objects contained within a place of religious worship.CommentsClose CommentsPermalink





`(f) LIMITATION- No person shall be prosecuted, tried, or punished for any noncapital offense under this section unless the indictment is found or the information is instituted not later than 7 years after the date on which the offense was committed.CommentsClose CommentsPermalink

`Sec. 898. Freedom of access to clinic entrances

`(a) Prohibited Activities- Whoever--CommentsClose CommentsPermalink





`(1) by force or threat of force or by physical obstruction, knowingly injures, intimidates or interferes with any person because that person is or has been, or in order to intimidate such person or any other person or any class of persons from, obtaining or providing reproductive health services;CommentsClose CommentsPermalink





`(2) by force or threat of force or by physical obstruction, knowingly injures, intimidates or interferes with any person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship; orCommentsClose CommentsPermalink





`(3) knowingly damages or destroys the property of a facility, or attempts to do so, because such facility provides reproductive health services, or knowingly damages or destroys the property of a place of religious worship,CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink





`(b) Penalties- Whoever violates this section shall--CommentsClose CommentsPermalink





`(1) in the case of a first offense, be imprisoned not more than one year; andCommentsClose CommentsPermalink





`(2) in the case of a second or subsequent offense after a prior conviction under this section, be imprisoned not more than 3 years;CommentsClose CommentsPermalink





except that for an offense involving exclusively a nonviolent physical obstruction, the fine shall, notwithstanding section 3571, not be more than $10,000 and the length of imprisonment shall be not more than six months, or both, for the first offense; and the fine shall, notwithstanding section 3571, be not more than $25,000 and the length of imprisonment shall be not more than 18 months, or both, for a subsequent offense; and except that if bodily injury results, the length of imprisonment shall be not more than 10 years, and if death results, it shall be for any term of years or for life.CommentsClose CommentsPermalink





`(c) Civil Remedies-CommentsClose CommentsPermalink





`(1) Right of action-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) Action by attorney general of the united states-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) in an amount not exceeding $10,000 for a nonviolent physical obstruction and $15,000 for other first violations; andCommentsClose CommentsPermalink





`(ii) in an amount not exceeding $15,000 for a nonviolent physical obstruction and $25,000 for any other subsequent violation.CommentsClose CommentsPermalink





`(3) Actions by state attorneys general-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(d) Rules of Construction- Nothing in this section shall be construed--CommentsClose CommentsPermalink





`(1) to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(4) to interfere with the enforcement of State or local laws regulating the performance of abortions or other reproductive health services.CommentsClose CommentsPermalink





`(e) Definitions- As used in this section--CommentsClose CommentsPermalink





`(1) the term `facility' includes a hospital, clinic, physician's office, or other facility that provides reproductive health services, and includes the building or structure in which the facility is located;CommentsClose CommentsPermalink





`(2) the term `interfere with' means to restrict a person's freedom of movement;CommentsClose CommentsPermalink





`(3) the term `intimidate' means to place a person in reasonable apprehension of bodily harm to him-or herself or to another;CommentsClose CommentsPermalink





`(4) the term `physical obstruction' means rendering impassable ingress to or egress from a facility that provides reproductive health services or to or from a place of religious worship, or rendering passage to or from such a facility or place of religious worship unreasonably difficult or hazardous; andCommentsClose CommentsPermalink





`(5) the term `reproductive health services' means reproductive health services provided in a hospital, clinic, physician's office, or other facility, and includes medical, surgical, counselling or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy.CommentsClose CommentsPermalink

`Sec. 899. Voting Rights Act violations

`(a) Whoever deprives any person of any right secured by section 2, 3, 4, 5, 7, or 10 of the Voting Rights Act of 1965 or violates section 11(a) of such Act, shall be imprisoned not more than five years.CommentsClose CommentsPermalink





`(b) Whoever, within a year following an election in a political subdivision in which an examiner has been appointed under the Voting Rights Act of 1965--CommentsClose CommentsPermalink





`(1) destroys, defaces, mutilates, or otherwise alters the marking of a paper ballot which has been cast in such election; orCommentsClose CommentsPermalink





`(2) alters any official record of voting in such election tabulated from a voting machine or otherwise;CommentsClose CommentsPermalink





shall be imprisoned not more than five years.CommentsClose CommentsPermalink





`(c) Whoever conspires to violate the provisions of subsection (a) or (b) of section 12 of the Voting Rights Act of 1965, or interferes with any right secured by section 2, 3, 4, 5, 7, 10, or 11(a) of such Act shall be imprisoned not more than five years.CommentsClose CommentsPermalink

`900. Prevention of intimidation in fair housing cases

`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--CommentsClose CommentsPermalink





`(1) any person because of that person's race, color, religion, sex, handicap (as such term is defined in section 802 of the Fair Housing Act), familial status (as such term is defined in section 802 of that Act), or national origin and because that person is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; orCommentsClose CommentsPermalink





`(2) any person because that person is or has been, or in order to intimidate such person or any other person or any class of persons from--CommentsClose CommentsPermalink





`(A) participating, without discrimination on account of race, color, religion, sex, handicap (as such term is defined in section 802 of the Fair Housing Act), familial status (as such term is defined in section 802 of that Act), or national origin, in any of the activities, services, organizations or facilities described in section 901(a) of that Act;CommentsClose CommentsPermalink





`(B) affording another person or class of persons opportunity or protection so to participate; orCommentsClose CommentsPermalink





`(C) any citizen because that citizen is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, handicap (as such term is defined in section 802 of the Fair Housing Act), familial status (as such term is defined in section 802 of that Act), or national origin, in any of the activities, services, organizations or facilities described in subsection 901(a), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate;CommentsClose CommentsPermalink





shall be imprisoned not more than one year; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be imprisoned not more than ten years; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be imprisoned for any term of years or for life.CommentsClose CommentsPermalink

`SUBCHAPTER F--FOREIGN RELATIONS

`Sec.CommentsClose CommentsPermalink

`921. Agents of foreign governments.CommentsClose CommentsPermalink





`922. Diplomatic codes and correspondence.CommentsClose CommentsPermalink





`923. False statements influencing foreign government.CommentsClose CommentsPermalink





`924. Conspiracy to kill, kidnap, maim, or injure persons or damage property in a foreign country.CommentsClose CommentsPermalink





`925. Enlistment in foreign service.CommentsClose CommentsPermalink





`926. Expedition against friendly nation.CommentsClose CommentsPermalink





`927. Detention of armed vessel.CommentsClose CommentsPermalink





`928. Protection of property occupied by foreign governments.CommentsClose CommentsPermalink

`Sec. 921. Agents of foreign governments

`(a) OFFENSE- Whoever, other than a diplomatic or consular officer or attache, acts in the United States as an agent of a foreign government without prior notification to the Attorney General if required in subsection (b), shall be imprisoned not more than ten years.CommentsClose CommentsPermalink





`(b) RULES AND REGULATIONS- The Attorney General shall promulgate rules and regulations establishing requirements for notification.CommentsClose CommentsPermalink





`(c) TRANSMISSION- The Attorney General shall, upon receipt, promptly transmit one copy of each notification statement filed under this section to the Secretary of State for such comment and use as the Secretary of State may determine to be appropriate from the point of view of the foreign relations of the United States. Failure of the Attorney General to do so shall not be a bar to prosecution under this section.CommentsClose CommentsPermalink





`(d) DEFINITION- As used in this section, the term `agent of a foreign government' means an individual who agrees to operate within the United States subject to the direction or control of a foreign government or official, except that such term does not include--CommentsClose CommentsPermalink





`(1) a duly accredited diplomatic or consular officer of a foreign government, who is so recognized by the Department of State;CommentsClose CommentsPermalink





`(2) any officially and publicly acknowledged and sponsored official or representative of a foreign government;CommentsClose CommentsPermalink





`(3) any officially and publicly acknowledged and sponsored member of the staff of, or employee of, an officer, official, or representative described in paragraph (1) or (2), who is not a United States citizen; orCommentsClose CommentsPermalink





`(4) any person engaged in a legal commercial transaction.CommentsClose CommentsPermalink





`(e) ADDITIONAL BASIS FOR DETERMINING AGENCY- Notwithstanding subsection (d)(4), any person engaged in a legal commercial transaction shall be considered to be an agent of a foreign government for purposes of this section if--CommentsClose CommentsPermalink





`(1) such person agrees to operate within the United States subject to the direction or control of a foreign government or official; andCommentsClose CommentsPermalink





`(2) such person--CommentsClose CommentsPermalink





`(A) is an agent of Cuba or any other country that the President determines (and so reports to the Congress) poses a threat to the national security interest of the United States for purposes of this section, unless the Attorney General, after consultation with the Secretary of State, determines and so reports to the Congress that the national security or foreign policy interests of the United States require that the provisions of this section do not apply in specific circumstances to agents of such country; orCommentsClose CommentsPermalink





`(B) has been convicted of, or has entered a plea of nolo contendere with respect to, any offense under section 301 through 303, 601, or 261 of this title or under section 11 of the Export Administration Act of 1979, except that the provisions of this subsection shall not apply to a person described in this clause for a period of more than five years beginning on the date of the conviction or the date of entry of the plea of nolo contendere, as the case may be.CommentsClose CommentsPermalink

`Sec. 922. Diplomatic codes and correspondence

`Whoever, by virtue of his employment by the United States, obtains from another or has or has had custody of or access to, any official diplomatic code or any matter prepared in any such code, or which purports to have been prepared in any such code, and without authorization or competent authority, knowingly publishes or furnishes to another any such code or matter, or any matter which was obtained while in the process of transmission between any foreign government and its diplomatic mission in the United States, shall be or imprisoned not more than ten years.CommentsClose CommentsPermalink

`Sec. 923. False statements influencing foreign government

`Whoever, in relation to any dispute or controversy between a foreign government and the United States, knowingly makes any untrue statement, either orally or in writing, under oath before any person authorized and empowered to administer oaths, which the affiant has knowledge or reason to believe will, or may be used to influence the measures or conduct of any foreign government, or of any officer or agent of any foreign government, to the injury of the United States, or with a view or intent to influence any measure of or action by the United States or any department or agency thereof, to the injury of the United States, shall be imprisoned not more than ten years.CommentsClose CommentsPermalink

`Sec. 924. Conspiracy to kill, kidnap, maim, or injure persons or damage property in a foreign country

`(a) OFFENSE AGAINST PERSONS-CommentsClose CommentsPermalink





`(1) ELEMENTS- Whoever, within the jurisdiction of the United States, conspires with one or more other persons, regardless of where such other person or persons are located, to commit at any place outside the United States an act that would constitute the offense of murder, kidnapping, or maiming if committed in the special maritime and territorial jurisdiction of the United States shall, if any of the conspirators commits an act within the jurisdiction of the United States to effect any object of the conspiracy, be punished as provided in paragraph (2).CommentsClose CommentsPermalink





`(2) PUNISHMENT- The punishment for an offense under paragraph (1) is--CommentsClose CommentsPermalink





`(A) imprisonment for any term of years or for life if the offense is conspiracy to murder or kidnap; andCommentsClose CommentsPermalink





`(B) imprisonment for not more than 35 years if the offense is conspiracy to maim.CommentsClose CommentsPermalink





`(b) OFFENSE AGAINST PROPERTY- Whoever, within the jurisdiction of the United States, conspires with one or more persons, regardless of where such other person or persons are located, to damage or destroy specific property situated within a foreign country and belonging to a foreign government or to any political subdivision thereof with which the United States is at peace, or any railroad, canal, bridge, airport, airfield, or other public utility, public conveyance, or public structure, or any religious, educational, or cultural property so situated, shall, if any of the conspirators commits an act within the jurisdiction of the United States to effect any object of the conspiracy, be imprisoned not more than 25 years.CommentsClose CommentsPermalink

`Sec. 925. Enlistment in foreign service

`(a) OFFENSE- Whoever, within the United States, enlists or enters himself, or hires or retains another to enlist or enter himself, or to go beyond the jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, state, colony, district, or people as a soldier or as a marine or seaman on board any vessel of war, letter of marque, or privateer, shall be imprisoned not more than three years.CommentsClose CommentsPermalink





`(b) EXCLUSIONS-CommentsClose CommentsPermalink





`(1) This section does not apply to citizens or subjects of any country engaged in war with a country with which the United States is at war, unless such citizen or subject of such foreign country shall hire or solicit a citizen of the United States to enlist or go beyond the jurisdiction of the United States with intent to enlist or enter the service of a foreign country. Enlistments under this subsection shall be under regulations prescribed by the Secretary of the Army.CommentsClose CommentsPermalink





`(2) This section and sections 957 and 958 do not apply to any subject or citizen of any foreign prince, state, colony, district, or people who is transiently within the United States and enlists or enters himself on board any vessel of war, letter of marque, or privateer, which at the time of its arrival within the United States was fitted and equipped as such, or hires or retains another subject or citizen of the same foreign prince, state, colony, district, or people who is transiently within the United States to enlist or enter himself to serve such foreign prince, state, colony, district, or people on board such vessel of war, letter of marque, or privateer, if the United States shall then be at peace with such foreign prince, state, colony, district, or people.CommentsClose CommentsPermalink

`Sec. 926. Expedition against friendly nation

`Whoever, within the United States, knowingly begins or sets on foot or provides or prepares a means for or furnishes the money for, or takes part in, any military or naval expedition or enterprise to be carried on from thence against the territory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States is at peace, shall be imprisoned not more than three years.CommentsClose CommentsPermalink

`Sec. 927. Detention of armed vessel

`(a) AUTHORITY OF PRESIDENT- During a war in which the United States is a neutral nation, the President, or any person authorized by him, may detain any armed vessel owned wholly or in part by citizens of the United States, or any vessel, domestic or foreign (other than one which has entered the ports of the United States as a public vessel), which is manifestly built for warlike purposes or has been converted or adapted from a private vessel to one suitable for warlike use, until the owner or master, or person having charge of such vessel, shall furnish proof satisfactory to the President, or to the person duly authorized by him, that the vessel will not be employed to cruise against or commit or attempt to commit hostilities upon the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people with which the United States is at peace, and that the said vessel will not be sold or delivered to any belligerent nation, or to an agent, officer, or citizen of such nation, by them or any of them, within the jurisdiction of the United States, or upon the high seas.CommentsClose CommentsPermalink





`(b) OFFENSE- Whoever, in violation of this section takes, or attempts to take, or authorizes the taking of any such vessel, out of port or from the United States, shall be imprisoned not more than ten years.CommentsClose CommentsPermalink





`(c) FORFEITURE- In addition, such vessel, her tackle, apparel, furniture, equipment, and her cargo shall be forfeited to the United States.CommentsClose CommentsPermalink

`Sec. 928. Protection of property occupied by foreign governments

`(a) PROPERTY OFFENSE- Whoever knowingly injures, damages, or destroys, or attempts to injure, damage, or destroy, any property, real or personal, located within the United States and belonging to or utilized or occupied by any foreign government or international organization, by a foreign official or official guest, shall be imprisoned not more than five years.CommentsClose CommentsPermalink





`(b) THREAT AND HARASSMENT OFFENSE- Whoever, knowingly with intent to intimidate, coerce, threaten, or harass--CommentsClose CommentsPermalink





`(1) forcibly thrusts any part of himself or any object within or upon that portion of any building or premises located within the United States, which portion is used or occupied for official business or for diplomatic, consular, or residential purposes by--CommentsClose CommentsPermalink





`(A) a foreign government, including such use as a mission to an international organization;CommentsClose CommentsPermalink





`(B) an international organization;CommentsClose CommentsPermalink





`(C) a foreign official; orCommentsClose CommentsPermalink





`(D) an official guest; orCommentsClose CommentsPermalink





`(2) refuses to depart from such portion of such building or premises after a request--CommentsClose CommentsPermalink





`(A) by an employee of a foreign government or of an international organization, if such employee is authorized to make such request by the senior official of the unit of such government or organization which occupies such portion of such building or premises;CommentsClose CommentsPermalink





`(B) by a foreign official or any member of the foreign official's staff who is authorized by the foreign official to make such request;CommentsClose CommentsPermalink





`(C) by an official guest or any member of the official guest's staff who is authorized by the official guest to make such request; orCommentsClose CommentsPermalink





`(D) by any person present having law enforcement powers;CommentsClose CommentsPermalink





shall be imprisoned not more than six months.CommentsClose CommentsPermalink





`(c) DEFINITIONS- For the purpose of this section `foreign government', `foreign official', `international organization', and `official guest' shall have the same meanings as those provided in section 136.CommentsClose CommentsPermalink

`SUBCHAPTER G--POSTAL SERVICE

`Sec.CommentsClose CommentsPermalink

`941. Obstruction of mails generally.CommentsClose CommentsPermalink





`942. Obstruction of correspondence.CommentsClose CommentsPermalink





`943. Delay or destruction of mail or newspapers.CommentsClose CommentsPermalink





`944. Keys or locks stolen or reproduced.CommentsClose CommentsPermalink





`945. Destruction of letter boxes or mail.CommentsClose CommentsPermalink





`946. Theft of property used by Postal Service.CommentsClose CommentsPermalink





`947. Theft or receipt of stolen mail matter generally.CommentsClose CommentsPermalink





`948. Theft of mail matter by officer or employee.CommentsClose CommentsPermalink





`949. Misappropriation of postal funds.CommentsClose CommentsPermalink





`950. Injurious articles as nonmailable.CommentsClose CommentsPermalink





`951. Franking privilege.CommentsClose CommentsPermalink

`Sec. 941. Obstruction of mails generally

`Whoever knowingly obstructs the passage of the mail, or any carrier or conveyance carrying the mail, shall be imprisoned not more than six months.CommentsClose CommentsPermalink

`Sec. 942. Obstruction of correspondence

`Whoever takes any letter, postal card, or package out of any post office or any authorized depository for mail matter, or from any letter or mail carrier, or which has been in any post office or authorized depository, or in the custody of any letter or mail carrier, before it has been delivered to the person to whom it was directed, with intent to obstruct the correspondence, or to pry into the business or secrets of another, or opens, secretes, embezzles, or destroys the same, shall be imprisoned not more than five years.CommentsClose CommentsPermalink

`Sec. 943. Delay or destruction of mail or newspapers

`(a) MAIL MATTER- Whoever, being a Postal Service officer or employee, unlawfully secretes, destroys, detains, delays, or opens any letter, postal card, package, bag, or mail entrusted to that officer or employee or which shall come into his or her possession, and which was intended to be conveyed by mail, or carried or delivered by any carrier or other employee of the Postal Service, or forwarded through or delivered from any post office or station thereof established by authority of the Postmaster General or the Postal Service, shall be imprisoned not more than five years.CommentsClose CommentsPermalink





`(b) NEWSPAPER- Whoever, being a Postal Service officer or employee, improperly detains, delays, or destroys any newspaper, or permits any other person to detain, delay, or destroy the same, or opens, or permits any other person to open, any mail or package of newspapers not directed to the office where he is employed; or Whoever, without authority, opens, or destroys any mail or package of newspapers not directed to him, shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 944. Keys or locks stolen or reproduced

`Whoever--CommentsClose CommentsPermalink





`(1) steals, purloins, embezzles, or obtains by false pretense any key suited to any lock adopted by the Post Office Department or the Postal Service and in use on any of the mails or bags thereof, or any key to any lock box, lock drawer, or other authorized receptacle for the deposit or delivery of mail matter;CommentsClose CommentsPermalink





`(2) knowingly and unlawfully makes, forges, or counterfeits any such key, or possesses any such mail lock or key with the intent unlawfully or improperly to use, sell, or otherwise dispose of the same, or to cause the same to be unlawfully or improperly used, sold, or otherwise disposed of; orCommentsClose CommentsPermalink





`(3) being engaged as a contractor or otherwise in the manufacture of any such mail lock or key, delivers any finished or unfinished lock or the interior part thereof, or key, used or designed for use by the department, to any person not duly authorized under the hand of the Postmaster General and the seal of the Post Office Department or the Postal Service, to receive the same, unless the person receiving it is the contractor for furnishing the same or engaged in the manufacture thereof in the manner authorized by the contract, or the agent of such manufacturer;CommentsClose CommentsPermalink





shall be imprisoned not more than ten years.CommentsClose CommentsPermalink

`Sec. 945. Destruction of letter boxes or mail

`Whoever knowingly injures, tears down or destroys any letter box or other receptacle intended or used for the receipt or delivery of mail on any mail route, or breaks open the same or knowingly injures, defaces or destroys any mail deposited therein, shall be imprisoned not more than three years.CommentsClose CommentsPermalink

`Sec. 946. Theft of property used by Postal Service

`Whoever steals, purloins, or embezzles any property used by the Postal Service, or appropriates any such property to any other than its proper use, or conveys away any such property to the hindrance or detriment of the public service, shall be imprisoned not more than three years, but if the value of such property does not exceed $1,000, the offender shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 947. Theft or receipt of stolen mail matter generally

`Whoever--CommentsClose CommentsPermalink





`(1) steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letter box, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or abstracts or removes from any such letter, package, bag, or mail, any article or thing contained therein, or secretes, embezzles, or destroys any such letter, postal card, package, bag, or mail, or any article or thing contained therein;CommentsClose CommentsPermalink





`(2) steals, takes, or abstracts, or by fraud or deception obtains any letter, postal card, package, bag, or mail, or any article or thing contained therein which has been left for collection upon or adjacent to a collection box or other authorized depository of mail matter; orCommentsClose CommentsPermalink





`(3) buys, receives, or conceals, or unlawfully has in his possession, any letter, postal card, package, bag, or mail, or any article or thing contained therein, which has been so stolen, taken, embezzled, or abstracted, as herein described, knowing the same to have been stolen, taken, embezzled, or abstracted;CommentsClose CommentsPermalink





shall be imprisoned not more than five years.CommentsClose CommentsPermalink

`Sec. 948. Theft of mail matter by officer or employee

`Whoever, being a Postal Service officer or employee, embezzles any letter, postal card, package, bag, or mail, or any article or thing contained therein entrusted to him or which comes into his possession intended to be conveyed by mail, or carried or delivered by any carrier, messenger, agent, or other person employed in any department of the Postal Service, or forwarded through or delivered from any post office or station thereof established by authority of the Postmaster General or of the Postal Service; or steals, abstracts, or removes from any such letter, package, bag, or mail, any article or thing contained therein, shall be imprisoned not more than five years.CommentsClose CommentsPermalink

`Sec. 949. Misappropriation of postal funds

`(a) OFFENSE- Whoever, being a Postal Service officer or employee, loans, uses, pledges, hypothecates, or converts to his own use, or deposits in any bank, or exchanges for other funds or property, except as authorized by law, any money or property coming into his hands or under his control in any manner, in the execution or under color of his office, employment, or service, whether or not the same shall be the money or property of the United States; or fails or refuses to remit to or deposit in the Treasury of the United States or in a designated depository, or to account for or turn over to the proper officer or agent, any such money or property, when required to do so by law or the regulations of the Postal Service, or upon demand or order of the Postal Service, either directly or through a duly authorized officer or agent, is guilty of embezzlement; and every such person, as well as every other person advising or knowingly participating therein, shall be imprisoned not more than ten years; but if the amount or value thereof does not exceed $1,000, he shall be imprisoned not more than one year.CommentsClose CommentsPermalink





`(b) EXCLUSION- This section does not prohibit any Postal Service officer or employee from depositing, under the direction of the Postal Service, in a national bank designated by the Secretary of the Treasury for that purpose, to his own credit as Postal Service officer or employee any funds in his charge, nor prevent his negotiating drafts or other evidences of debt through such bank, or through United States disbursing officers, or otherwise, when instructed or required so to do by the Postal Service, for the purpose of remitting surplus funds from one post office to another.CommentsClose CommentsPermalink

`Sec. 950. Injurious articles as nonmailable

`(a) IN GENERAL- All kinds of poison, and all articles and compositions containing poison, and all poisonous animals, insects, reptiles, and all explosives, inflammable materials, infernal machines, and mechanical, chemical, or other devices or compositions which may ignite or explode, and all disease germs or scabs, and all other natural or artificial articles, compositions, or material which may kill or injure another, or injure the mails or other property, whether or not sealed as first-class matter, are nonmailable matter and shall not be conveyed in the mails or delivered from any post office or station thereof, nor by any officer or employee of the Postal Service.CommentsClose CommentsPermalink





`(b) EXCEPTIONS- The Postal Service may permit the transmission in the mails, under such rules and regulations as it shall prescribe as to preparation and packing, of any such articles which are not outwardly or of their own force dangerous or injurious to life, health, or property.CommentsClose CommentsPermalink





`(c) SCORPIANS- The Postal Service is authorized and directed to permit the transmission in the mails, under regulations to be prescribed by it, of live scorpions which are to be used for purposes of medical research or for the manufacture of antivenom. Such regulations shall include such provisions with respect to the packaging of such live scorpions for transmission in the mails as the Postal Service deems necessary or desirable for the protection of Postal Service personnel and of the public generally and for ease of handling by such personnel and by any individual connected with such research or manufacture. Nothing contained in this paragraph shall be construed to authorize the transmission in the mails of live scorpions by means of aircraft engaged in the carriage of passengers for compensation or hire.CommentsClose CommentsPermalink





`(d) POISONOUS DRUGS AND MEDICINES- The transmission in the mails of poisonous drugs and medicines may be limited by the Postal Service to shipments of such articles from the manufacturer thereof or dealer therein to licensed physicians, surgeons, dentists, pharmacists, druggists, cosmetologists, barbers, and veterinarians under such rules and regulations as it shall prescribe.CommentsClose CommentsPermalink





`(e) POISONS FOR SCIENTIFIC USE- The transmission in the mails of poisons for scientific use, and which are not outwardly dangerous or of their own force dangerous or injurious to life, health, or property, may be limited by the Postal Service to shipments of such articles between the manufacturers thereof, dealers therein, bona fide research or experimental scientific laboratories, and such other persons who are employees of the Federal, a State, or local government, whose official duties are comprised, in whole or in part, of the use of such poisons, and who are designated by the head of the agency in which they are employed to receive or send such articles, under such rules and regulations as the Postal Service shall prescribe.CommentsClose CommentsPermalink





`(f) INTOXICATING LIQUORS- All spirituous, vinous, malted, fermented, or other intoxicating liquors of any kind are nonmailable and shall not be deposited in or carried through the mails.CommentsClose CommentsPermalink





`(g) KNIVES- All knives having a blade which opens automatically (1) by hand pressure applied to a button or other device in the handle of the knife, or (2) by operation of inertia, gravity, or both, are nonmailable and shall not be deposited in or carried by the mails or delivered by any officer or employee of the Postal Service. Such knives may be conveyed in the mails, under such regulations as the Postal Service shall prescribe--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink





`(h) ADVERTISING, PROMOTIONAL, OR SALES MATTER- Any advertising, promotional, or sales matter which solicits or induces the mailing of anything declared nonmailable by this section is likewise nonmailable unless such matter contains wrapping or packaging instructions which are in accord with regulations promulgated by the Postal Service.CommentsClose CommentsPermalink





`(i) BALLISTIC KNIVES-CommentsClose CommentsPermalink





`(1) GENERALLY- Any ballistic knife shall be subject to the same restrictions and penalties provided under subsection (g) for knives described in the first sentence of that subsection.CommentsClose CommentsPermalink





`(2) DEFINITION- As used in this subsection, the term `ballistic knife' means a knife with a detachable blade that is propelled by a spring-operated mechanism.CommentsClose CommentsPermalink





`(j) OFFENSES-CommentsClose CommentsPermalink





`(1) COMPLIANCE WITH RULES AND REGULATIONS- Whoever knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail, according to the direction thereon, or at any place at which it is directed to be delivered by the person to whom it is addressed, anything declared nonmailable by this section, unless in accordance with the rules and regulations authorized to be prescribed by the Postal Service, shall be imprisoned not more than one year.CommentsClose CommentsPermalink





`(2) WITH INTENT TO KILL OR INJURE ANOTHER OR TO INJURE THE MAILS OR PROPERTY- Whoever knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail, according to the direction thereon or at any place to which it is directed to be delivered by the person to whom it is addressed, anything declared nonmailable by this section, whether or not transmitted in accordance with the rules and regulations authorized to be prescribed by the Postal Service, with intent to kill or injure another, or injure the mails or other property, shall be imprisoned not more than twenty years.CommentsClose CommentsPermalink





`(3) DEATH PENALTY- Whoever is convicted of any crime prohibited by this section, which has resulted in the death of any person, shall be subject also to the death penalty or to imprisonment for life.CommentsClose CommentsPermalink

`Sec. 951. Franking privilege

`Whoever makes use of any official envelope, label, or indorsement authorized by law, to avoid the payment of postage or registry fee on his private letter, packet, package, or other matter in the mail, shall be fined under this title.CommentsClose CommentsPermalink

`SUBCHAPTER H--SPECIAL MARITIME AND TERRITORIAL JURISDICTION OF THE UNITED STATES

`Sec.CommentsClose CommentsPermalink

`961. Laws of States adopted for areas within Federal jurisdiction.CommentsClose CommentsPermalink

`Sec. 961. Laws of States adopted for areas within Federal jurisdiction

`(a) OFFENSE- Whoever within the reserved or acquired special maritime or territorial jurisdiction of the United States, or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.CommentsClose CommentsPermalink





`(b) OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL-CommentsClose CommentsPermalink





`(1) LIMITATION ON RIGHT OR PRIVILEGE TO OPERATE A MOTOR VEHICLE- Subject to paragraph (2) and for purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, 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.CommentsClose CommentsPermalink





`(2) ADDITIONAL PUNISHMENT- In addition to any term of imprisonment provided for operating a motor vehicle under the influence of a drug or alcohol imposed under the law of a State, 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 child is caused, not more than 5 years, or if death of a child is caused, not more than 10 years, and an additional fine under this title, or both, if--CommentsClose CommentsPermalink





`(A) a child (other than the offender) was present in the motor vehicle when the offense was committed; andCommentsClose CommentsPermalink





`(B) 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 subparagraph (A).CommentsClose CommentsPermalink





`(c) TERRITORIAL SEA- Whenever any waters of the territorial sea of the United States lie outside the territory of any State, such waters (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) shall be deemed, for purposes of subsection (a), to lie within the area of the State that it would lie within if the boundaries of such State were extended seaward to the outer limit of the territorial sea of the United States.CommentsClose CommentsPermalink

`CHAPTER 29--CRIMES RELATED TO PROTECTION OF GOVERNMENT FUNCTIONS AND INTEGRITY

`SubchapterCommentsClose CommentsPermalink

--Sec.CommentsClose CommentsPermalink

991CommentsClose CommentsPermalink

1017CommentsClose CommentsPermalink

1021CommentsClose CommentsPermalink

1031CommentsClose CommentsPermalink

1051CommentsClose CommentsPermalink

1071CommentsClose CommentsPermalink

1091CommentsClose CommentsPermalink

1101CommentsClose CommentsPermalink

1131CommentsClose CommentsPermalink

1161CommentsClose CommentsPermalink

1171CommentsClose CommentsPermalink

1181CommentsClose CommentsPermalink

1191CommentsClose CommentsPermalink

1201CommentsClose CommentsPermalink

1211CommentsClose CommentsPermalink

1221CommentsClose CommentsPermalink

`SUBCHAPTER A--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

`Sec.CommentsClose CommentsPermalink

`991. Bribery of public officials and witnesses.CommentsClose CommentsPermalink





`992. Definitions for certain sections.CommentsClose CommentsPermalink





`993. Compensation to Members of Congress, officers, and others in matters affecting the Government.CommentsClose CommentsPermalink





`994. Practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit by Members of Congress.CommentsClose CommentsPermalink





`995. Activities of officers and employees in claims against and other matters affecting the Government.CommentsClose CommentsPermalink





`996. Exemption of retired officers of the uniformed services.CommentsClose CommentsPermalink





`997. Restrictions on former officers, employees, and elected officials of the executive and legislative branches.CommentsClose CommentsPermalink





`998. Acts affecting a personal financial interest.CommentsClose CommentsPermalink





`999. Salary of Government officials and employees payable only by United States.CommentsClose CommentsPermalink





`1000. Offer to procure appointive public office.CommentsClose CommentsPermalink





`1001. Acceptance or solicitation to obtain appointive public office.CommentsClose CommentsPermalink





`1002. Acceptance of loan or gratuity by financial institution examiner.CommentsClose CommentsPermalink





`1003. Receipt of commissions or gifts for procuring loans.CommentsClose CommentsPermalink





`1004. Penalties and injunctions.CommentsClose CommentsPermalink





`1005. Voiding transactions in violation of chapter; recovery by the United States.CommentsClose CommentsPermalink





`1006. Officers and employees acting as agents of foreign principals.CommentsClose CommentsPermalink





`1007. Bribery in sporting contests.CommentsClose CommentsPermalink





`1008. Continuing financial crimes enterprise.CommentsClose CommentsPermalink

`Sec. 991. Bribery of public officials and witnesses

`(a) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the term `public official' means Member of Congress, Delegate, or Resident Commissioner, either before or after such official has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror;CommentsClose CommentsPermalink





`(2) the term `person who has been selected to be a public official' means any person who has been nominated or appointed to be a public official, or has been officially informed that such person will be so nominated or appointed; andCommentsClose CommentsPermalink





`(3) the term `official act' means any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such official's official capacity, or in such official's place of trust or profit.CommentsClose CommentsPermalink





`(b) BRIBERY- Whoever--CommentsClose CommentsPermalink





`(1) corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent--CommentsClose CommentsPermalink





`(A) to influence any official act; orCommentsClose CommentsPermalink





`(B) to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; orCommentsClose CommentsPermalink





`(C) to induce such public official or such person who has been selected to be a public official to do or omit to do any act in violation of the lawful duty of such official or person;CommentsClose CommentsPermalink





`(2) being a public official or person selected to be a public official, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for--CommentsClose CommentsPermalink





`(A) being influenced in the performance of any official act;CommentsClose CommentsPermalink





`(B) being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud on the United States; orCommentsClose CommentsPermalink





`(C) being induced to do or omit to do any act in violation of the official duty of such official or person;CommentsClose CommentsPermalink





`(3) corruptly gives, offers, or promises anything of value to any person, or offers or promises such person to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of such first-mentioned person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or with intent to influence such person to absent himself therefrom; orCommentsClose CommentsPermalink





`(4) corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for being influenced in testimony under oath or affirmation as a witness upon any such trial, hearing, or other proceeding, or in return for absenting himself therefrom;CommentsClose CommentsPermalink





shall be imprisoned for not more than fifteen years and may be disqualified from holding any office of honor, trust, or profit under the United States.CommentsClose CommentsPermalink





`(c) UNLAWFUL REWARDS- Whoever--CommentsClose CommentsPermalink





`(1) otherwise than as provided by law for the proper discharge of official duty--CommentsClose CommentsPermalink





`(A) gives, offers, or promises anything of value to any public official, former public official, or person selected to be a public official, for or because of any official act performed or to be performed by such public official, former public official, or person selected to be a public official; orCommentsClose CommentsPermalink





`(B) being a public official, former public official, or person selected to be a public official, otherwise than as provided by law for the proper discharge of official duty, demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of any official act performed or to be performed by such official or person;CommentsClose CommentsPermalink





`(2) gives, offers, or promises anything of value to any person, for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or for or because of such person's absence therefrom;CommentsClose CommentsPermalink





`(3) demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon any such trial, hearing, or other proceeding, or for or because of such person's absence therefrom;CommentsClose CommentsPermalink





shall be imprisoned for not more than two years.CommentsClose CommentsPermalink





`(d) EXCLUSION- Paragraphs (3) and (4) of subsection (b) and paragraphs (2) and (3) of subsection (c) shall not be construed to prohibit the payment or receipt of witness fees provided by law, or the payment, by the party upon whose behalf a witness is called and receipt by a witness, of the reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial, hearing, or proceeding, or in the case of expert witnesses, a reasonable fee for time spent in the preparation of such opinion, and in appearing and testifying.CommentsClose CommentsPermalink

`Sec. 992. Definitions for certain sections

`(a) 993, 995, 997, 998, AND 999- For the purpose of sections 993, 995, 997, 998, and 999 the term `special Government employee' means--CommentsClose CommentsPermalink





`(1) an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States or of the District of Columbia, who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed one 130 during any period of 365 consecutive days, temporary duties either on a full-time or intermittent basis, a part-time United States commissioner, a part-time United States magistrate judge, or, regardless of the number of days of appointment, an independent counsel appointed under chapter 40 of title 28 and any person appointed by that independent counsel under section 594(c) of title 28;CommentsClose CommentsPermalink





`(2) every person serving as a part-time local representative of a Member of Congress in the Member's home district or State; andCommentsClose CommentsPermalink





`(3) notwithstanding section 29(c) and (d) of the Act of August 10, 1956 (70A Stat. 632; 5 U.S.C. 30r(c) and (d)), a Reserve officer of the Armed Forces, or an officer of the National Guard of the United States, unless otherwise an officer or employee of the United States, while on active duty solely for training;CommentsClose CommentsPermalink





except that a Reserve officer of the Armed Forces or an officer of the National Guard of the United States who is voluntarily serving a period of extended active duty in excess of 130 days shall be classified as an officer of the United States within the meaning of section 993 and sections 995 through 999 and 1005, and a Reserve officer of the Armed Forces or an officer of the National Guard of the United States who is serving involuntarily shall be classified as a special Government employee. The terms `officer or employee' and `special Government employee' as used in sections 993, 995, 997 through 999, and 1005, does not include enlisted members of the Armed Forces.CommentsClose CommentsPermalink





`(b) 995 AND 997- For the purposes of sections 995 and 997, the term `official responsibility' means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through subordinates, to approve, disapprove, or otherwise direct Government action.CommentsClose CommentsPermalink





`(c) EXCLUSION FROM `OFFICER' AND `EMPLOYEE'- Except as otherwise provided in such sections, the terms `officer' and `employee' in sections 993, 995, 997 through 999, and 1005 does not include the President, the Vice President, a Member of Congress, or a Federal judge.CommentsClose CommentsPermalink





`(d) `MEMBER OF CONGRESS'- The term `Member of Congress' in sections 994 and 997 means--CommentsClose CommentsPermalink





`(1) a United States Senator; andCommentsClose CommentsPermalink





`(2) a Representative in, or a Delegate or Resident Commissioner to, the House of Representatives.CommentsClose CommentsPermalink





`(e) ADDITIONAL DEFINITIONS- As used in this subchapter--CommentsClose CommentsPermalink





`(1) the term `executive branch' includes each executive agency as defined in title 5, and any other entity or administrative unit in the executive branch;CommentsClose CommentsPermalink





`(2) the term `judicial branch' means the Supreme Court of the United States; the United States courts of appeals; the United States district courts; the Court of International Trade; the United States bankruptcy courts; any court created pursuant to article I of the United States Constitution, including the Court of Appeals for the Armed Forces, the United States Court of Federal Claims, and the United States Tax Court, but not including a court of a territory or possession of the United States; the Federal Judicial Center; and any other agency, office, or entity in the judicial branch; andCommentsClose CommentsPermalink





`(3) the term `legislative branch' means--CommentsClose CommentsPermalink





`(A) the Congress; andCommentsClose CommentsPermalink





`(B) the Office of the Architect of the Capitol, the United States Botanic Garden, the Government Accountability Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, the United States Capitol Police, and any other agency, entity, office, or commission established in the legislative branch.CommentsClose CommentsPermalink

`Sec. 993. Compensation to Members of Congress, officers, and others in matters affecting the Government

`(a) FEDERAL MATTERS- Whoever, otherwise than as provided by law for the proper discharge of official duties--CommentsClose CommentsPermalink





`(1) demands, seeks, receives, accepts, or agrees to receive or accept any compensation for any representational services, as agent or attorney or otherwise, rendered or to be rendered either personally or by another--CommentsClose CommentsPermalink





`(A) at a time when such person is a Member of Congress, Member of Congress Elect, Delegate, Delegate Elect, Resident Commissioner, or Resident Commissioner Elect; orCommentsClose CommentsPermalink





`(B) at a time when such person is an officer or employee or Federal judge of the United States in the executive, legislative, or judicial branch of the Government, or in any agency of the United States,CommentsClose CommentsPermalink





in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest, before any department, agency, court, court-martial, officer, or any civil, military, or naval commission; orCommentsClose CommentsPermalink





`(2) knowingly gives, promises, or offers any compensation for any such representational services rendered or to be rendered at a time when the person to whom the compensation is given, promised, or offered, is or was such a Member, Member Elect, Delegate, Delegate Elect, Commissioner, Commissioner Elect, Federal judge, officer, or employee;CommentsClose CommentsPermalink





shall be subject to the penalties set forth in section 216 of this title.CommentsClose CommentsPermalink





`(b) DISTRICT OF COLUMBIA- Whoever, otherwise than as provided by law for the proper discharge of official duties--CommentsClose CommentsPermalink





`(1) demands, seeks, receives, accepts, or agrees to receive or accept any compensation for any representational services, as agent or attorney or otherwise, rendered or to be rendered either personally or by another, at a time when such person is an officer or employee of the District of Columbia, in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the District of Columbia is a party or has a direct and substantial interest, before any department, agency, court, officer, or commission; orCommentsClose CommentsPermalink





`(2) knowingly gives, promises, or offers any compensation for any such representational services rendered or to be rendered at a time when the person to whom the compensation is given, promised, or offered, is or was an officer or employee of the District of Columbia;CommentsClose CommentsPermalink





shall be subject to the penalties set forth in section 216 of this title.CommentsClose CommentsPermalink





`(c) SPECIAL GOVERNMENT EMPLOYEES- A special Government employee shall be subject to subsections (a) and (b) only in relation to a particular matter involving a specific party or parties--CommentsClose CommentsPermalink





`(1) in which such employee has at any time participated personally and substantially as a Government employee or as a special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise; orCommentsClose CommentsPermalink





`(2) which is pending in the department or agency of the Government in which such employee is serving except that paragraph (2) of this subsection shall not apply in the case of a special Government employee who has served in such department or agency no more than sixty days during the immediately preceding period of three hundred and sixty-five consecutive days.CommentsClose CommentsPermalink





`(d) EXCLUSION- Nothing in this section prevents an officer or employee, including a special Government employee, from acting, with or without compensation, as agent or attorney for or otherwise representing his parents, spouse, child, or any person for whom, or for any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary except--CommentsClose CommentsPermalink





`(1) in those matters in which he has participated personally and substantially as a Government employee or as a special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; orCommentsClose CommentsPermalink





`(2) in those matters that are the subject of his official responsibility,CommentsClose CommentsPermalink





subject to approval by the Government official responsible for appointment to his position.CommentsClose CommentsPermalink





`(e) CERTIFICATION OF NATIONAL INTEREST- Nothing in this section prevents a special Government employee from acting as agent or attorney for another person in the performance of work under a grant by, or a contract with or for the benefit of, the United States if the head of the department or agency concerned with the grant or contract certifies in writing that the national interest so requires and publishes such certification in the Federal Register.CommentsClose CommentsPermalink





`(f) TESTIMONY AND STATEMENTS- Nothing in this section prevents an individual from giving testimony under oath or from making statements required to be made under penalty of perjury.CommentsClose CommentsPermalink

`Sec. 994. Practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit by Members of Congress

`Whoever, being a Member of Congress or Member of Congress Elect, practices in the United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit shall be subject to the penalties set forth in section 1004 of this title.CommentsClose CommentsPermalink

`Sec. 995. Activities of officers and employees in claims against and other matters affecting the Government

`(a) FEDERAL MATTERS- Whoever, being an officer or employee of the United States in the executive, legislative, or judicial branch of the Government or in any agency of the United States, other than in the proper discharge of his official duties--CommentsClose CommentsPermalink





`(1) acts as agent or attorney for prosecuting any claim against the United States, or receives any gratuity, or any share of or interest in any such claim, in consideration of assistance in the prosecution of such claim; orCommentsClose CommentsPermalink





`(2) acts as agent or attorney for anyone before any department, agency, court, court-martial, officer, or civil, military, or naval commission in connection with any covered matter in which the United States is a party or has a direct and substantial interest;CommentsClose CommentsPermalink





shall be subject to the penalties set forth in section 216 of this title.CommentsClose CommentsPermalink





`(b) DISTRICT OF COLUMBIA- Whoever, being an officer or employee of the District of Columbia or an officer or employee of the Office of the United States Attorney for the District of Columbia, otherwise than in the proper discharge of official duties--CommentsClose CommentsPermalink





`(1) acts as agent or attorney for prosecuting any claim against the District of Columbia, or receives any gratuity, or any share of or interest in any such claim in consideration of assistance in the prosecution of such claim; orCommentsClose CommentsPermalink





`(2) acts as agent or attorney for anyone before any department, agency, court, officer, or commission in connection with any covered matter in which the District of Columbia is a party or has a direct and substantial interest;CommentsClose CommentsPermalink





shall be subject to the penalties set forth in section 216 of this title.CommentsClose CommentsPermalink





`(c) SPECIAL GOVERNMENT EMPLOYEES- A special Government employee shall be subject to subsections (a) and (b) only in relation to a covered matter involving a specific party or parties--CommentsClose CommentsPermalink





`(1) in which he has at any time participated personally and substantially as a Government employee or special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; orCommentsClose CommentsPermalink





`(2) which is pending in the department or agency of the Government in which he is serving.CommentsClose CommentsPermalink





Paragraph (2) shall not apply in the case of a special Government employee who has served in such department or agency no more than sixty days during the immediately preceding period of three hundred and sixty-five consecutive days.CommentsClose CommentsPermalink





`(d) EXCLUSION WITH RESPECT TO CERTAIN PERSONS-CommentsClose CommentsPermalink





`(1) GENERALLY- Nothing in subsection (a) or (b) prevents an officer or employee, if not inconsistent with the faithful performance of that officer's or employee's duties, from acting without compensation as agent or attorney for, or otherwise representing--CommentsClose CommentsPermalink





`(A) any person who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with those proceedings; orCommentsClose CommentsPermalink





`(B) except as provided in paragraph (2), any cooperative, voluntary, professional, recreational, or similar organization or group not established or operated for profit, if a majority of the organization's or group's members are current officers or employees of the United States or of the District of Columbia, or their spouses or dependent children.CommentsClose CommentsPermalink





`(2) EXCEPTION- Paragraph (1)(B) does not apply with respect to a covered matter that--CommentsClose CommentsPermalink





`(A) is a claim under subsection (a)(1) or (b)(1);CommentsClose CommentsPermalink





`(B) is a judicial or administrative proceeding where the organization or group is a party; orCommentsClose CommentsPermalink





`(C) involves a grant, contract, or other agreement (including a request for any such grant, contract, or agreement) providing for the disbursement of Federal funds to the organization or group.CommentsClose CommentsPermalink





`(e) EXCLUSION WITH RESPECT FAMILY MEMBERS- Nothing in subsection (a) or (b) prevents an officer or employee, including a special Government employee, from acting, with or without compensation, as agent or attorney for, or otherwise representing, his parents, spouse, child, or any person for whom, or for any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary except--CommentsClose CommentsPermalink





`(1) in those matters in which he has participated personally and substantially as a Government employee or special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, orCommentsClose CommentsPermalink





`(2) in those matters which are the subject of his official responsibility,CommentsClose CommentsPermalink





subject to approval by the Government official responsible for appointment to his position.CommentsClose CommentsPermalink





`(f) CERTIFICATION OF NATIONAL INTEREST- Nothing in subsection (a) or (b) prevents a special Government employee from acting as agent or attorney for another person in the performance of work under a grant by, or a contract with or for the benefit of, the United States if the head of the department or agency concerned with the grant or contract certifies in writing that the national interest so requires and publishes such certification in the Federal Register.CommentsClose CommentsPermalink





`(g) TESTIMONY AND STATEMENTS- Nothing in this section prevents an officer or employee from giving testimony under oath or from making statements required to be made under penalty for perjury or contempt.CommentsClose CommentsPermalink





`(h) DEFINITION- For the purpose of this section, the term `covered matter' means any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter.CommentsClose CommentsPermalink





`(i) ADDITIONAL EXCLUSIONS- Nothing in this section prevents an employee from acting pursuant to--CommentsClose CommentsPermalink





`(1) chapter 71 of title 5;CommentsClose CommentsPermalink





`(2) section 1004 or chapter 12 of title 39;CommentsClose CommentsPermalink





`(3) section 3 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831b);CommentsClose CommentsPermalink





`(4) chapter 10 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4104 et seq.); orCommentsClose CommentsPermalink





`(5) any provision of any other Federal or District of Columbia law that authorizes labor-management relations between an agency or instrumentality of the United States or the District of Columbia and any labor organization that represents its employees.CommentsClose CommentsPermalink

`Sec. 996. Exemption of retired officers of the uniformed services

`Sections 993 and 995 of this title shall not apply to a retired officer of the uniformed services of the United States while not on active duty and not otherwise an officer or employee of the United States, or to any person specially excepted by Act of Congress.CommentsClose CommentsPermalink

`Sec. 997. Restrictions on former officers, employees, and elected officials of the executive and legislative branches

`(a) Restrictions on All Officers and Employees of the Executive Branch and Certain Other Agencies-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) in which the United States or the District of Columbia is a party or has a direct and substantial interest,CommentsClose CommentsPermalink





`(B) in which the person participated personally and substantially as such officer or employee, andCommentsClose CommentsPermalink





`(C) which involved a specific party or specific parties at the time of such participation,CommentsClose CommentsPermalink





shall be punished as provided in section 1004 of this title.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) in which the United States or the District of Columbia is a party or has a direct and substantial interest,CommentsClose CommentsPermalink





`(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, andCommentsClose CommentsPermalink





`(C) which involved a specific party or specific parties at the time it was so pending,CommentsClose CommentsPermalink





shall be punished as provided in section 1004.CommentsClose CommentsPermalink





`(3) Clarification of restrictions- The restrictions contained in paragraphs (1) and (2) shall apply--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(b) One-Year Restrictions on Aiding or Advising-CommentsClose CommentsPermalink





`(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 1004 of this title.CommentsClose CommentsPermalink





`(2) Definition- For purposes of this paragraph--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(B) the term `treaty' means an international agreement made by the President that requires the advice and consent of the Senate.CommentsClose CommentsPermalink





`(c) One-Year Restrictions on Certain Senior Personnel of the Executive Branch and Independent Agencies-CommentsClose CommentsPermalink





`(1) Restrictions- In addition to the restrictions set forth in subsections (a) and (b), any person who is an officer or employee (including any special Government employee) of the executive branch of the United States (including an independent agency), who is referred to in paragraph (2), and who, within 1 year after the termination of his or her service or employment as such officer or employee, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of the department or agency in which such person served within 1 year before such termination, on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of such department or agency, shall be punished as provided in section 1004 of this title.CommentsClose CommentsPermalink





`(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))--CommentsClose CommentsPermalink





`(i) employed at a rate of pay specified in or fixed according to subchapter II of chapter 53 of title 5,CommentsClose CommentsPermalink





`(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,CommentsClose CommentsPermalink





`(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,CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(v) assigned from a private sector organization to an agency under chapter 37 of title 5.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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, andCommentsClose CommentsPermalink





`(ii) granting the waiver would not create the potential for use of undue influence or unfair advantage.CommentsClose CommentsPermalink





`(d) Restrictions on Very Senior Personnel of the Executive Branch and Independent Agencies-CommentsClose CommentsPermalink





`(1) Restrictions- In addition to the restrictions set forth in subsections (a) and (b), any person who--CommentsClose CommentsPermalink





`(A) serves in the position of Vice President of the United States,CommentsClose CommentsPermalink





`(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, orCommentsClose CommentsPermalink





`(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,CommentsClose CommentsPermalink





and who, within 1 year after the termination of that person's service in that position, knowingly makes, with the intent to influence, any communication to or appearance before any person described in paragraph (2), on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of the executive branch of the United States, shall be punished as provided in section 1004 of this title.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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, andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(e) Restrictions on Members of Congress and Officers and Employees of the Legislative Branch-CommentsClose CommentsPermalink





`(1) Members of congress and elected officers- (A) Any person who is a Member of Congress or an elected officer of either House of Congress and who, within 1 year after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in subparagraph (B) or (C), on behalf of any other person (except the United States) in connection with any matter on which such former Member of Congress or elected officer seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 1004 of this title.CommentsClose CommentsPermalink





`(B) The persons referred to in subparagraph (A) with respect to appearances or communications by a former Member of Congress are any Member, officer, or employee of either House of Congress, and any employee of any other legislative office of the Congress.CommentsClose CommentsPermalink





`(C) The persons referred to in subparagraph (A) with respect to appearances or communications by a former elected officer are any Member, officer, or employee of the House of Congress in which the elected officer served.CommentsClose CommentsPermalink





`(2) Personal staff- (A) Any person who is an employee of a Senator or an employee of a Member of the House of Representatives and who, within 1 year after the termination of that employment, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in subparagraph (B), on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 1004 of this title.CommentsClose CommentsPermalink





`(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:CommentsClose CommentsPermalink





`(i) The Senator or Member of the House of Representatives for whom that person was an employee.CommentsClose CommentsPermalink





`(ii) Any employee of that Senator or Member of the House of Representatives.CommentsClose CommentsPermalink





`(3) Committee staff- Any person who is an employee of a committee of Congress and who, within 1 year after the termination of that person's employment on such committee, knowingly makes, with the intent to influence, any communication to or appearance before any person who is a Member or an employee of that committee or who was a Member of the committee in the year immediately prior to the termination of such person's employment by the committee, on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 1004 of this title.CommentsClose CommentsPermalink





`(4) Leadership staff- (A) Any person who is an employee on the leadership staff of the House of Representatives or an employee on the leadership staff of the Senate and who, within 1 year after the termination of that person's employment on such staff, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in subparagraph (B), on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 1004 of this title.CommentsClose CommentsPermalink





`(B) The persons referred to in subparagraph (A) with respect to appearances or communications by a former employee are the following:CommentsClose CommentsPermalink





`(i) In the case of a former employee on the leadership staff of the House of Representatives, those persons are any Member of the leadership of the House of Representatives and any employee on the leadership staff of the House of Representatives.CommentsClose CommentsPermalink





`(ii) In the case of a former employee on the leadership staff of the Senate, those persons are any Member of the leadership of the Senate and any employee on the leadership staff of the Senate.CommentsClose CommentsPermalink





`(5) Other legislative offices- (A) Any person who is an employee of any other legislative office of the Congress and who, within 1 year after the termination of that person's employment in such office, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in subparagraph (B), on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by any officer or employee of such office, in his or her official capacity, shall be punished as provided in section 1004 of this title.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(6) Limitation on restrictions- (A) The restrictions contained in paragraphs (2), (3), and (4) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee's service as such employee terminated, was paid a rate of basic pay equal to or greater than an amount which is 75 percent of the basic rate of pay payable for a Member of the House of Congress in which such employee was employed.CommentsClose CommentsPermalink





`(B) The restrictions contained in paragraph (5) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee's service as such employee terminated, was employed in a position for which the rate of basic pay, exclusive of any locality-based pay adjustment under section 5302 of title 5 (or any comparable adjustment pursuant to interim authority of the President), is equal to or greater than the basic rate of pay payable for level V of the Senior Executive Service.CommentsClose CommentsPermalink





`(7) Definitions- As used in this subsection--CommentsClose CommentsPermalink





`(A) the term `committee of Congress' includes standing committees, joint committees, and select committees;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(F) a person is an employee of a Senator if that person is an employee in a position in the office of a Senator;CommentsClose CommentsPermalink





`(G) the term `employee of any other legislative office of the Congress' means an officer or employee of the Architect of the Capitol, the United States Botanic Garden, the Government Accountability Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, the Copyright Royalty Tribunal, the United States Capitol Police, and any other agency, entity, or office in the legislative branch not covered by paragraph (1), (2), (3), or (4) of this subsection;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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);CommentsClose CommentsPermalink





`(J) the term `Member of Congress' means a Senator or a Member of the House of Representatives;CommentsClose CommentsPermalink





`(K) the term `Member of the House of Representatives' means a Representative in, or a Delegate or Resident Commissioner to, the Congress;CommentsClose CommentsPermalink





`(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); andCommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(f) Restrictions Relating to Foreign Entities-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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, orCommentsClose CommentsPermalink





`(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,CommentsClose CommentsPermalink





shall be punished as provided in section 1004 of this title.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(h) Designations of Separate Statutory Agencies and Bureaus-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(i) Definitions- For purposes of this section--CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) in subsections (a), (c), and (d), the President and the Vice President; andCommentsClose CommentsPermalink





`(B) in subsection (f), the President, the Vice President, and Members of Congress;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(j) Exceptions-CommentsClose CommentsPermalink





`(1) Official government duties- The restrictions contained in this section shall not apply to acts done in carrying out official duties on behalf of the United States or the District of Columbia or as an elected official of a State or local government.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) an agency or instrumentality of a State or local government if the appearance, communication, or representation is on behalf of such government, orCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) Subparagraph (A) shall not apply to--CommentsClose CommentsPermalink





`(i) any communication to, or appearance before, the Federal Election Commission by a former officer or employee of the Federal Election Commission; orCommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(I) a candidate, an authorized committee, a national committee, a national Federal campaign committee, a State committee, or a political party; orCommentsClose CommentsPermalink





`(II) a person or entity who represents,CommentsClose CommentsPermalink





aids, or advises only persons or entities described in subclause (I).CommentsClose CommentsPermalink





`(C) For purposes of this paragraph--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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);CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(k) WAIVER- (1)(A) The President may grant a waiver of a restriction imposed by this section to any officer or employee described in paragraph (2) if the President determines and certifies in writing that it is in the public interest to grant the waiver and that the services of the officer or employee are critically needed for the benefit of the Federal Government. Not more than 25 officers and employees currently employed by the Federal Government at any one time may have been granted waivers under this paragraph.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(3) A certification under paragraph (1) shall take effect upon its publication in the Federal Register and shall identify--CommentsClose CommentsPermalink





`(A) the officer or employee covered by the waiver by name and by position, andCommentsClose CommentsPermalink





`(B) the reasons for granting the waiver.CommentsClose CommentsPermalink





A copy of the certification shall also be provided to the Director of the Office of Government Ethics.CommentsClose CommentsPermalink





`(4) The President may not delegate the authority provided by this subsection.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(E) As used in this subsection, the term `civil service' has the meaning given that term in section 2101 of title 5.CommentsClose CommentsPermalink





`(l) Contract Advice by Former Details- Whoever, being an employee of a private sector organization assigned to an agency under chapter 37 of title 5, within one year after the end of that assignment, knowingly represents or aids, counsels, or assists in representing any other person (except the United States) in connection with any contract with that agency shall be punished as provided in section 1004 of this title.CommentsClose CommentsPermalink

`Sec. 998. Acts affecting a personal financial interest

`(a) OFFENSE- Except as permitted by subsection (b), whoever, being an officer or employee of the executive branch of the United States Government, or of any independent agency of the United States, a Federal Reserve bank director, officer, or employee, or an officer or employee of the District of Columbia, including a special Government employee, participates personally and substantially as a Government officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which, to his knowledge, he, his spouse, minor child, general partner, organization in which he is serving as officer, director, trustee, general partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest shall be subject to the penalties set forth in section 1004 of this title.CommentsClose CommentsPermalink





`(b) EXCLUSIONS- Subsection (a) shall not apply--CommentsClose CommentsPermalink





`(1) if the officer or employee first advises the Government official responsible for appointment to his or her position of the nature and circumstances of the judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter and makes full disclosure of the financial interest and receives in advance a written determination made by such official that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the Government may expect from such officer or employee;CommentsClose CommentsPermalink





`(2) if, by regulation issued by the Director of the Office of Government Ethics, applicable to all or a portion of all officers and employees covered by this section, and published in the Federal Register, the financial interest has been exempted from the requirements of subsection (a) as being too remote or too inconsequential to affect the integrity of the services of the Government officers or employees to which such regulation applies;CommentsClose CommentsPermalink





`(3) in the case of a special Government employee serving on an advisory committee within the meaning of the Federal Advisory Committee Act (including an individual being considered for an appointment to such a position), the official responsible for the employee's appointment, after review of the financial disclosure report filed by the individual pursuant to the Ethics in Government Act of 1978, certifies in writing that the need for the individual's services outweighs the potential for a conflict of interest created by the financial interest involved; orCommentsClose CommentsPermalink





`(4) if the financial interest that would be affected by the particular matter involved is that resulting solely from the interest of the officer or employee, or his or her spouse or minor child, in birthrights--CommentsClose CommentsPermalink





`(A) in an Indian tribe, band, nation, or other organized group or community, including any Alaska Native village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians,CommentsClose CommentsPermalink





`(B) in an Indian allotment the title to which is held in trust by the United States or which is inalienable by the allottee without the consent of the United States, orCommentsClose CommentsPermalink





`(C) in an Indian claims fund held in trust or administered by the United States,CommentsClose CommentsPermalink





if the particular matter does not involve the Indian allotment or claims fund or the Indian tribe, band, nation, organized group or community, or Alaska Native village corporation as a specific party or parties.CommentsClose CommentsPermalink





`(c) DEEMING PROVISION- (1) For the purpose of paragraph (1) of subsection (b), in the case of class A and B directors of Federal Reserve banks, the Board of Governors of the Federal Reserve System shall be deemed to be the Government official responsible for appointment.CommentsClose CommentsPermalink





`(2) The potential availability of an exemption under any particular paragraph of subsection (b) does not preclude an exemption being granted pursuant to another paragraph of subsection (b).CommentsClose CommentsPermalink





`(d) PUBLIC AVAILABILITY-CommentsClose CommentsPermalink





`(1) GENERALLY- Upon request, a copy of any determination granting an exemption under subsection (b)(1) or (b)(3) shall be made available to the public by the agency granting the exemption pursuant to the procedures set forth in section 105 of the Ethics in Government Act of 1978. In making such determination available, the agency may withhold from disclosure any information contained in the determination that would be exempt from disclosure under section 552 of title 5. For purposes of determinations under subsection (b)(3), the information describing each financial interest shall be no more extensive than that required of the individual in his or her financial disclosure report under the Ethics in Government Act of 1978.CommentsClose CommentsPermalink





`(2) UNIFORM REGULATIONS- The Office of Government Ethics, after consultation with the Attorney General, shall issue uniform regulations for the issuance of waivers and exemptions under subsection (b) which shall--CommentsClose CommentsPermalink





`(A) list and describe exemptions; andCommentsClose CommentsPermalink





`(B) provide guidance with respect to the types of interests that are not so substantial as to be deemed likely to affect the integrity of the services the Government may expect from the employee.CommentsClose CommentsPermalink

`Sec. 999. Salary of Government officials and employees payable only by United States

`(a) OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) receives any salary, or any contribution to or supplementation of salary, as compensation for his services as an officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, from any source other than the Government of the United States, except as may be contributed out of the treasury of any State, county, or municipality; orCommentsClose CommentsPermalink





`(2) Whoever, whether an individual, partnership, association, corporation, or other organization pays, makes any contribution to, or in any way supplements, the salary of any such officer or employee under circumstances which would make its receipt a violation of this subsection;CommentsClose CommentsPermalink





shall be subject to the penalties set forth in section 1004 of this title.CommentsClose CommentsPermalink





`(b) EXCLUSION- Nothing herein prevents an officer or employee of the executive branch of the United States Government, or of any independent agency of the United States, or of the District of Columbia, from continuing to participate in a bona fide pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan maintained by a former employer.CommentsClose CommentsPermalink





`(c) SPECIAL GOVERNMENT EMPLOYEE- This section does not apply to a special Government employee or to an officer or employee of the Government serving without compensation, whether or not he is a special Government employee, or to any person paying, contributing to, or supplementing his salary as such.CommentsClose CommentsPermalink





`(d) PAYMENTS UNDER CHAPTER 41 of Title 5- This section does not prohibit payment or acceptance of contributions, awards, or other expenses under the terms of chapter 41 of title 5.CommentsClose CommentsPermalink





`(e) RELOCATION EXPENSES- This section does not prohibit the payment of actual relocation expenses incident to participation, or the acceptance of same by a participant in an executive exchange or fellowship program in an executive agency, if such program has been established by statute or Executive order of the President, offers appointments not to exceed three hundred and sixty-five days, and permits no extensions in excess of ninety additional days or, in the case of participants in overseas assignments, in excess of 365 days.CommentsClose CommentsPermalink





`(f) INJURIES DURING CERTAIN OFFENSE- This section does not prohibit acceptance or receipt, by any officer or employee injured during the commission of an offense described in section 102(7) or 102(8) of this title, of contributions or payments from an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and which is exempt from taxation under section 501(a) of such Code.CommentsClose CommentsPermalink





`(g) PRIVATE SECTOR ORGANIZATION-CommentsClose CommentsPermalink





`(1) GENERALLY- This section does not prohibit an employee of a private sector organization, while assigned to an agency under chapter 37 of title 5, from continuing to receive pay and benefits from such organization in accordance with such chapter.CommentsClose CommentsPermalink





`(2) DEFINITION- As used in this subsection, the term `agency' means an agency (as defined by section 3701 of title 5) and the Office of the Chief Technology Officer of the District of Columbia.CommentsClose CommentsPermalink





`(h) RESERVER COMPONENTS OF ARMED FORCES- This section does not prohibit a member of the reserve components of the armed forces on active duty pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13) of title 10 from receiving from any person that employed such member before the call or order to active duty any payment of any part of the salary or wages that such person would have paid the member if the member's employment had not been interrupted by such call or order to active duty.CommentsClose CommentsPermalink

`Sec. 1000. Offer to procure appointive public office

`Whoever pays or offers or promises any money or thing of value, to any person, firm, or corporation in consideration of the use or promise to use any influence to procure any appointive office or place under the United States for any person, shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 1001. Acceptance or solicitation to obtain appointive public office

`(a) PROMISE OF OFFICE- Whoever solicits or receives, either as a political contribution, or for personal emolument, any money or thing of value, in consideration of the promise of support or use of influence in obtaining for any person any appointive office or place under the United States, shall be imprisoned not more than one year.CommentsClose CommentsPermalink





`(b) ADDING PERSON TO OBTAIN EMPLOYMENT- Whoever solicits or receives any thing of value in consideration of aiding a person to obtain employment under the United States either by referring his name to an executive department or agency of the United States or by requiring the payment of a fee because such person has secured such employment shall be imprisoned not more than one year.CommentsClose CommentsPermalink





`(c) EXCLUSION- This section does not apply to such services rendered by an employment agency pursuant to the written request of an executive department or agency of the United States.CommentsClose CommentsPermalink

`Sec. 1002. Acceptance of loan or gratuity by financial institution examiner

`Whoever, being an examiner or assistant examiner, accepts a loan or gratuity from any bank, branch, agency, organization, corporation, association, or institution examined by the examiner or from any person connected with it, shall--CommentsClose CommentsPermalink





`(1) be imprisoned not more than 1 year; andCommentsClose CommentsPermalink





`(2) shall be disqualified from holding office as an examiner.CommentsClose CommentsPermalink

`Sec. 1003. Receipt of commissions or gifts for procuring loans

`(a) OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) corruptly gives, offers, or promises anything of value to any person, with intent to influence or reward an officer, director, employee, agent, or attorney of a financial institution in connection with any business or transaction of such institution; orCommentsClose CommentsPermalink





`(2) as an officer, director, employee, agent, or attorney of a financial institution, corruptly solicits or demands for the benefit of any person, or corruptly accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded in connection with any business or transaction of such institution;CommentsClose CommentsPermalink





shall be imprisoned not more than 30 years, but if the value of the thing given, offered, promised, solicited, demanded, accepted, or agreed to be accepted does not exceed $1000, shall be imprisoned not more than one year.CommentsClose CommentsPermalink





`(b) EXCLUSION- This section shall not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business.CommentsClose CommentsPermalink





`(c) GUIDELINES- Federal agencies with responsibility for regulating a financial institution shall jointly establish such guidelines as are appropriate to assist an officer, director, employee, agent, or attorney of a financial institution to comply with this section. Such agencies shall make such guidelines available to the public.CommentsClose CommentsPermalink

`Sec. 1004. Penalties and injunctions

`(a) CRIMINAL PENALTIES- The punishment for an offense under section 993, 994, 995, 997, 998, or 999 of this title is the following:CommentsClose CommentsPermalink





`(1) Whoever engages in the conduct constituting the offense shall be imprisoned for not more than one year.CommentsClose CommentsPermalink





`(2) Whoever knowingly engages in the conduct constituting the offense shall be imprisoned for not more than five years.CommentsClose CommentsPermalink





`(b) CIVIL ACTION- The Attorney General may bring a civil action in the appropriate United States district court against any person who engages in conduct constituting an offense under section 993, 994, 995, 997, 998, or 999 of this title and, upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty of not more than $50,000 for each violation or the amount of compensation which the person received or offered for the prohibited conduct, whichever amount is greater. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person.CommentsClose CommentsPermalink





`(c) COURT ORDER- If the Attorney General has reason to believe that a person is engaging in conduct constituting an offense under section 993, 994, 995, 997, 998, or 999 of this title, the Attorney General may petition an appropriate United States district court for an order prohibiting that person from engaging in such conduct. The court may issue an order prohibiting that person from engaging in such conduct if the court finds that the conduct constitutes such an offense. The filing of a petition under this section does not preclude any other remedy which is available by law to the United States or any other person.CommentsClose CommentsPermalink

`Sec. 1005. Voiding transactions in violation of chapter; recovery by the United States

`In addition to any other remedies provided by law the President or, under regulations prescribed by him, the head of any department or agency involved, may declare void and rescind any contract, loan, grant, subsidy, license, right, permit, franchise, use, authority, privilege, benefit, certificate, ruling, decision, opinion, or rate schedule awarded, granted, paid, furnished, or published, or the performance of any service or transfer or delivery of any thing to, by or for any agency of the United States or officer or employee of the United States or person acting on behalf thereof, in relation to which there has been a final conviction for any violation of this chapter, and the United States shall be entitled to recover in addition to any penalty prescribed by law or in a contract the amount expended or the thing transferred or delivered on its behalf, or the reasonable value thereof.CommentsClose CommentsPermalink

`Sec. 1006. Officers and employees acting as agents of foreign principals

`(a) OFFENSE- Whoever, being a public official, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938 or a lobbyist required to register under the Lobbying Disclosure Act of 1995 in connection with the representation of a foreign entity, as defined in section 3(6) of that Act shall be imprisoned for not more than two years.CommentsClose CommentsPermalink





`(b) EXCLUSION- Nothing in this section shall apply to the employment of any agent of a foreign principal as a special Government employee in any case in which the head of the employing agency certifies that such employment is required in the national interest. A copy of any certification under this paragraph shall be forwarded by the head of such agency to the Attorney General who shall cause the same to be filed with the registration statement and other documents filed by such agent, and made available for public inspection in accordance with section 6 of the Foreign Agents Registration Act of 1938, as amended.CommentsClose CommentsPermalink





`(c) DEFINITION- As used in this section `public official' means Member of Congress, Delegate, or Resident Commissioner, either before or after he has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency, or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government.CommentsClose CommentsPermalink

`Sec. 1007. Bribery in sporting contests

`(a) OFFENSE- Whoever knowingly engages in any scheme in or affecting interstate or foreign commerce to influence any sporting contest in any way by bribery, shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(b) NONPREEMPTION- This section shall not be construed as indicating an intent on the part of Congress to occupy the field in which this section operates to the exclusion of a law of any State, 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.CommentsClose CommentsPermalink





`(c) DEFINITION- As used in this section, the term `sporting contest' means any contest in any sport, between individual contestants or teams of contestants (without regard to the amateur or professional status of the contestants therein), the occurrence of which is publicly announced before its occurrence.CommentsClose CommentsPermalink

`Sec. 1008. Continuing financial crimes enterprise

`(a) OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) organizes, manages, or supervises a continuing financial crimes enterprise; andCommentsClose CommentsPermalink





`(2) receives $5,000,000 or more in gross receipts from such enterprise during any 24-month period,CommentsClose CommentsPermalink





shall be imprisoned for a term of not less than 10 years and which may be life.CommentsClose CommentsPermalink





`(b) DEFINITION- As used in subsection (a), the term `continuing financial crimes enterprise' means a series of violations under section 1003, 644, 645, 773, 774, 775, 779, 789, 804, 801, and 803 affecting a financial institution, committed by at least 4 persons acting in concert.CommentsClose CommentsPermalink

`SUBCHAPTER B--CLAIMS AND SERVICES IN MATTERS AFFECTING GOVERNMENT

`Sec.CommentsClose CommentsPermalink

`1017. False, fictitious, or fraudulent claims.CommentsClose CommentsPermalink

`Sec. 1017. False, fictitious, or fraudulent claims

`Whoever makes or presents to any person or officer in the civil, military, or naval service of the United States, or to any department or agency thereof, any claim upon or against the United States, or any department or agency thereof, knowing such claim to be false, fictitious, or fraudulent, shall be imprisoned not more than five years.CommentsClose CommentsPermalink

`SUBCHAPTER C--CONTEMPTS

`Sec.CommentsClose CommentsPermalink

`1021. Power of court.CommentsClose CommentsPermalink





`1022. Contempts constituting crimes.CommentsClose CommentsPermalink

`Sec. 1021. Power of court

`A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as--CommentsClose CommentsPermalink





`(1) misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;CommentsClose CommentsPermalink





`(2) misbehavior of any of its officers in their official transactions; orCommentsClose CommentsPermalink





`(3) disobedience or resistance to its lawful writ, process, order, rule, decree, or command.CommentsClose CommentsPermalink

`Sec. 1022. Contempts constituting crimes

`(a) OFFENSE- Whoever disobeys any lawful writ, process, order, rule, decree, or command of any district court of the United States or any court of the District of Columbia, by doing any act or thing therein, or thereby forbidden, if the act or thing so done be of such character as to constitute also a criminal offense under any statute of the United States or under the laws of any State in which the act was committed, shall be prosecuted for such contempt as provided in section 3691 and shall be imprisoned any term of years or for life.CommentsClose CommentsPermalink





`(b) PAYMENT OF FINE AND LIMITATIONS ON FINE AND IMPRISONMENT- Such fine shall be paid to the United States or to the complainant or other party injured by the act constituting the contempt, or may, where more than one is so damaged, be divided or apportioned among them as the court may direct, but in no case shall the fine to be paid to the United States exceed, in case the accused is a natural person, the sum of $1,000, nor shall such imprisonment exceed the term of six months.CommentsClose CommentsPermalink





`(c) APPLICABILITY OF SECTION- This section shall not be construed to relate to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States, but the same, and all other cases of contempt not specifically embraced in this section may be punished in conformity to the prevailing usages at law.CommentsClose CommentsPermalink

`SUBCHAPTER D--ELECTIONS AND POLITICAL ACTIVITIES

`Sec.CommentsClose CommentsPermalink

`1031. Intimidation of voters.CommentsClose CommentsPermalink





`1032. Deprivation of employment or other benefit for political contribution.CommentsClose CommentsPermalink





`1033. Solicitation of political contributions.CommentsClose CommentsPermalink





`1034. Coercion of political activity.CommentsClose CommentsPermalink





`1035. Voting by aliens.CommentsClose CommentsPermalink

`Sec. 1031. Intimidation of voters

`Whoever intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce, any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, at any election held solely or in part for the purpose of electing such candidate, shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 1032. Deprivation of employment or other benefit for political contribution

`(a) OFFENSE- Whoever knowingly causes or attempts to cause any person to make a contribution of a thing of value (including services) for the benefit of any candidate or any political party, by means of the denial or deprivation, or the threat of the denial or deprivation, of--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(2) any payment or benefit of a program of the United States, a State, or a political subdivision of a State;CommentsClose CommentsPermalink





if such employment, position, work, compensation, payment, or benefit is provided for or made possible in whole or in part by an Act of Congress, shall be imprisoned not more than one year.CommentsClose CommentsPermalink





`(b) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink

`Sec. 1033. Solicitation of political contributions

`(a) OFFENSE- It shall be unlawful for--CommentsClose CommentsPermalink





`(1) a candidate for the Congress;CommentsClose CommentsPermalink





`(2) an individual elected to or serving in the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress;CommentsClose CommentsPermalink





`(3) an officer or employee of the United States or any department or agency thereof; orCommentsClose CommentsPermalink





`(4) a person receiving any salary or compensation for services from money derived from the Treasury of the United States; to knowingly solicit any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Whoever violates this section shall be imprisoned not more than 3 years.CommentsClose CommentsPermalink





`(b) EXCLUSION- The prohibition in subsection (a) shall not apply to any activity of an employee (as defined in section 7322(1) of title 5) or any individual employed in or under the United States Postal Service or the Postal Rate Commission, unless that activity is prohibited by section 7323 or 7324 of such title.CommentsClose CommentsPermalink

`Sec. 1034. Coercion of political activity

`It shall be unlawful for any person to intimidate, threaten, command, or coerce, or attempt to intimidate, threaten, command, or coerce, any employee of the Federal Government as defined in section 7322(1) of title 5, United States Code, to engage in, or not to engage in, any political activity, including, voting or refusing to vote for any candidate or measure in any election, making or refusing to make any political contribution, or working or refusing to work on behalf of any candidate. Whoever violates this section shall be imprisoned not more than three years.CommentsClose CommentsPermalink

`Sec. 1035. Voting by aliens

`(a) ELEMENTS OF OFFENSE- It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, unless--CommentsClose CommentsPermalink





`(1) the election is held partly for some other purpose;CommentsClose CommentsPermalink





`(2) aliens are authorized to vote for such other purpose under a State constitution or statute or a local ordinance; andCommentsClose CommentsPermalink





`(3) voting for such other purpose is conducted independently of voting for a candidate for such Federal offices, in such a manner that an alien has the opportunity to vote for such other purpose, but not an opportunity to vote for a candidate for any one or more of such Federal offices.CommentsClose CommentsPermalink





`(b) PUNISHMENT- Any person who violates this section shall be imprisoned not more than one year.CommentsClose CommentsPermalink





`(c) EXCLUSION- Subsection (a) does not apply to an alien if--CommentsClose CommentsPermalink





`(1) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization);CommentsClose CommentsPermalink





`(2) the alien permanently resided in the United States prior to attaining the age of 16; andCommentsClose CommentsPermalink





`(3) the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.CommentsClose CommentsPermalink

`SUBCHAPTER E--EMBLEMS, INSIGNIA, AND NAMES

`Sec.CommentsClose CommentsPermalink

`1051. Desecration of the flag of the United States; penalties.CommentsClose CommentsPermalink





`1052. Official badges, identification cards, other insignia.CommentsClose CommentsPermalink





`1053. Uniform of armed forces and Public Health Service.CommentsClose CommentsPermalink





`1054. Military medals or decorations.CommentsClose CommentsPermalink





`1055. False advertising or misuse of names to indicate Federal agency.CommentsClose CommentsPermalink





`1056. Misuse of names, words, emblems, or insignia.CommentsClose CommentsPermalink





`1057. Use of likenesses of the great seal of the United States, the seals of the President and Vice President, the seal of the United States Senate, the seal of the United States House of Representatives, and the seal of the United States Congress.CommentsClose CommentsPermalink





`1058. Public employee insignia and uniform.CommentsClose CommentsPermalink

`Sec. 1051. Desecration of the flag of the United States; penalties

`(a) OFFENSE- Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be imprisoned for not more than one year.CommentsClose CommentsPermalink





`(b) EXCLUSIONS- This subsection does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled.CommentsClose CommentsPermalink





`(c) DEFINITION- As used in this section, the term `flag of the United States' means any flag of the United States, or any part thereof, made of any substance, of any size, in a form that is commonly displayed.CommentsClose CommentsPermalink





`(d) NONPREEMPTION- Nothing in this section shall be construed as indicating an intent on the part of Congress to deprive any State, territory, possession, or the Commonwealth of Puerto Rico of jurisdiction over any offense over which it would have jurisdiction in the absence of this section.CommentsClose CommentsPermalink





`(e) EXPEDITED APPEAL-CommentsClose CommentsPermalink





`(1) NATURE OF CLAIM- An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order issued by a United States district court ruling upon the constitutionality of subsection (a).CommentsClose CommentsPermalink





`(2) PROCEDURAL EXPEDITION- The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal and advance on the docket and expedite to the greatest extent possible.CommentsClose CommentsPermalink

`Sec. 1052. Official badges, identification cards, other insignia

`Whoever manufactures, sells, or possesses any badge, identification card, or other insignia, of the design prescribed by the head of any department or agency of the United States for use by any officer or employee thereof, or any colorable imitation thereof, or photographs, prints, or in any other manner makes or executes any engraving, photograph, print, or impression in the likeness of any such badge, identification card, or other insignia, or any colorable imitation thereof, except as authorized under regulations made pursuant to law, shall be imprisoned not more than six months.CommentsClose CommentsPermalink

`Sec. 1053. Uniform of armed forces and Public Health Service

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

`Sec. 1054. Military medals or decorations

`(a) In General- Whoever knowingly wears, purchases, attempts to purchase, solicits for purchase, mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells, attempts to sell, advertises for sale, trades, barters, or exchanges for anything of value any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations made pursuant to law, shall be imprisoned not more than six months.CommentsClose CommentsPermalink





`(b) FALSE CLAIM ABOUT RECEIPT OF MILITARY DECORATIONS OR MEDALS- Whoever falsely represents himself or herself, verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item shall be imprisoned not more than six months.CommentsClose CommentsPermalink





`(c) Enhanced Penalty for Offenses Involving Congressional Medal of Honor-CommentsClose CommentsPermalink





`(1) In general- If a decoration or medal involved in an offense under subsection (a) or (b) is a Congressional Medal of Honor, in lieu of the punishment provided in that subsection, the offender shall be imprisoned not more than 1 year.CommentsClose CommentsPermalink





`(2) CONGRESSIONAL MEDAL OF HONOR DEFINED- In this subsection, the term `Congressional Medal of Honor' means--CommentsClose CommentsPermalink





`(A) a medal of honor awarded under section 3741, 6241, or 8741 of title 10 or section 491 of title 14;CommentsClose CommentsPermalink





`(B) a duplicate medal of honor issued under section 3754, 6256, or 8754 of title 10 or section 504 of title 14; orCommentsClose CommentsPermalink





`(C) a replacement of a medal of honor provided under section 3747, 6253, or 8747 of title 10 or section 501 of title 14.CommentsClose CommentsPermalink





`(d) Enhanced Penalty for Offenses Involving Certain Other Medals- If a decoration or medal involved in an offense described in subsection (a) or (b) is a distinguished-service cross awarded under section 3742 of title 10, a Navy cross awarded under section 6242 of title 10, an Air Force cross awarded under section 8742 of section 10, a silver star awarded under section 3746, 6244, or 8746 of title 10, a Purple Heart awarded under section 1129 of title 10, or any replacement or duplicate medal for such medal as authorized by law, in lieu of the punishment provided in the applicable subsection, the offender shall be fined under this title, imprisoned not more than 1 year, or both.CommentsClose CommentsPermalink

`Sec. 1055. False advertising or misuse of names to indicate Federal agency

`(a) OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) except as permitted by the laws of the United States, uses the words `national', `Federal', `United States', `reserve', or `Deposit Insurance' as part of the business or firm name of a person, corporation, partnership, business trust, association or other business entity engaged in the banking, loan, building and loan, brokerage, factorage, insurance, indemnity, savings or trust business;CommentsClose CommentsPermalink





`(2) falsely advertises or represents, or publishes or displays any sign, symbol or advertisement reasonably calculated to convey the impression that a nonmember bank, banking association, firm or partnership is a member of the Federal reserve system;CommentsClose CommentsPermalink





`(3) except as expressly authorized by Federal law, uses the words `Federal Deposit', `Federal Deposit Insurance', or `Federal Deposit Insurance Corporation' or a combination of any three of these words, as the name or a part thereof under which he or it does business, or advertises or otherwise represents falsely by any device whatsoever that his or its deposit liabilities, obligations, certificates, or shares are insured or guaranteed by the Federal Deposit Insurance Corporation, or by the United States or by any instrumentality thereof, or whoever advertises that his or its deposits, shares, or accounts are federally insured, or falsely advertises or otherwise represents by any device whatsoever the extent to which or the manner in which the deposit liabilities of an insured bank or banks are insured by the Federal Deposit Insurance Corporation;CommentsClose CommentsPermalink





`(4) other than a bona fide organization or association of Federal or State credit unions or except as permitted by the laws of the United States, uses as a firm or business name or transacts business using the words `National Credit Union', `National Credit Union Administration', `National Credit Union Board', `National Credit Union Share Insurance Fund', `Share Insurance', or `Central Liquidity Facility', or the letters `NCUA', `NCUSIF', or `CLF', or any other combination or variation of those words or letters alone or with other words or letters, or any device or symbol or other means, reasonably calculated to convey the false impression that such name or business has some connection with, or authorization from, the National Credit Union Administration, the Government of the United States, or any agency thereof, which does not in fact exist, or falsely advertises or otherwise represents by any device whatsoever that his or its business, product, or service has been in any way endorsed, authorized, or approved by the National Credit Union Administration, the Government of the United States, or any agency thereof, or falsely advertises or otherwise represents by any device whatsoever that his or its deposit liabilities, obligations, certificates, shares, or accounts are insured under the Federal Credit Union Act or by the United States or any instrumentality thereof, or being an insured credit union as defined in that Act falsely advertises or otherwise represents by any device whatsoever the extent to which or the manner in which share holdings in such credit union are insured under such Act;CommentsClose CommentsPermalink





`(5) not being organized under the Farm Credit Act of 1971, advertises or represents that it makes Federal Farm loans or advertises or offers for sale as Federal Farm loan bonds any bond not issued under the Farm Credit Act of 1971, or uses the word `Federal' or the words `United States' or any other words implying Government ownership, obligation or supervision in advertising or offering for sale any bond, note, mortgage or other security not issued by the Government of the United States under the Farm Credit Act of 1971;CommentsClose CommentsPermalink





Whoever uses the words `Federal Home Loan Bank' or any combination or variation of these words alone or with other words as a business name or part of a business name, or falsely publishes, advertises or represents by any device or symbol or other means reasonably calculated to convey the impression that he or it is a Federal Home Loan Bank or member of or subscriber for the stock of a Federal Home Loan Bank;CommentsClose CommentsPermalink





`(6) uses the words `Federal intermediate credit bank' as part of the business or firm name for any person, corporation, partnership, business trust, association or other business entity not organized as an intermediate credit bank under the laws of the United States;CommentsClose CommentsPermalink





`(7) uses as a firm or business name the words `Department of Housing and Urban Development', `Housing and Home Finance Agency', `Federal Housing Administration', `Government National Mortgage Association', `United States Housing Authority', or `Public Housing Administration' or the letters `HUD', `FHA', `PHA', or `USHA', or any combination or variation of those words or the letters `HUD', `FHA', `PHA', or `USHA' alone or with other words or letters reasonably calculated to convey the false impression that such name or business has some connection with, or authorization from, the Department of Housing and Urban Development, the Housing and Home Finance Agency, the Federal Housing Administration, the Government National Mortgage Association, the United States Housing Authority, the Public Housing Administration, the Government of the United States, or any agency thereof, which does not in fact exist, or falsely claims that any repair, improvement, or alteration of any existing structure is required or recommended by the Department of Housing and Urban Development, the Housing and Home Finance Agency, the Federal Housing Administration, the Government National Mortgage Association, the United States Housing Authority, the Public Housing Administration, the Government of the United States, or any agency thereof, for the purpose of inducing any person to enter into a contract for the making of such repairs, alterations, or improvements, or falsely advertises or falsely represents by any device whatsoever that any housing unit, project, business, or product has been in any way endorsed, authorized, inspected, appraised, or approved by the Department of Housing and Urban Development, the Housing and Home Finance Agency, the Federal Housing Administration, the Government National Mortgage Association, the United States Housing Authority, the Public Housing Administration, the Government of the United States, or any agency thereof;CommentsClose CommentsPermalink





`(8) except with the written permission of the Director of the Federal Bureau of Investigation, knowingly uses the words `Federal Bureau of Investigation' or the initials `F.B.I.', or any colorable imitation of such words or initials, in connection with any advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, or other production, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, or other production, is approved, endorsed, or authorized by the Federal Bureau of Investigation;CommentsClose CommentsPermalink





`(9) except with written permission of the Director of the United States Secret Service, knowingly uses the words `Secret Service', `Secret Service Uniformed Division', the initials `U.S.S.S.', `U.D.', or any colorable imitation of such words or initials, in connection with, or as a part of any advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, other production, product, or item, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet or other publication, product, or item, is approved, endorsed, or authorized by or associated in any manner with, the United States Secret Service, or the United States Secret Service Uniformed Division;CommentsClose CommentsPermalink





`(10) except with the written permission of the Director of the United States Mint, knowingly uses the words `United States Mint' or `U.S. Mint' or any colorable imitation of such words, in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production, is approved, endorsed, or authorized by or associated in any manner with, the United States Mint;CommentsClose CommentsPermalink





`(11) uses the words `Overseas Private Investment', `Overseas Private Investment Corporation', or `OPIC', as part of the business or firm name of a person, corporation, partnership, business trust, association, or business entity;CommentsClose CommentsPermalink





`(12) except with the written permission of the Administrator of the Drug Enforcement Administration, knowingly uses the words `Drug Enforcement Administration' or the initials `DEA' or any colorable imitation of such words or initials, in connection with any advertisement, circular, book, pamphlet, software or other publication, play, motion picture, broadcast, telecast, or other production, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, software or other publication, play, motion picture, broadcast, telecast, or other production is approved, endorsed, or authorized by the Drug Enforcement Administration; orCommentsClose CommentsPermalink





`(13) except with the written permission of the Director of the United States Marshals Service, knowingly uses the words `United States Marshals Service', `U.S. Marshals Service', `United States Marshal', `U.S. Marshal', `U.S.M.S.', or any colorable imitation of any such words, or the likeness of a United States Marshals Service badge, logo, or insignia on any item of apparel, in connection with any advertisement, circular, book, pamphlet, software, or other publication, or any play, motion picture, broadcast, telecast, or other production, in a manner that is reasonably calculated to convey the impression that the wearer of the item of apparel is acting pursuant to the legal authority of the United States Marshals Service, or to convey the impression that such advertisement, circular, book, pamphlet, software, or other publication, or such play, motion picture, broadcast, telecast, or other production, is approved, endorsed, or authorized by the United States Marshals Service;CommentsClose CommentsPermalink





shall be punished fined.CommentsClose CommentsPermalink





`(b) EXCLUSIONS-CommentsClose CommentsPermalink





`(1) LAWFUL BEFORE ENACTMENT- This section does not make unlawful the use of any name or title which was lawful on June 25, 1948.CommentsClose CommentsPermalink





`(2) INSURANCE- This section shall not make unlawful the use of the word `national' as part of the name of any business or firm engaged in the insurance or indemnity business, whether such firm was engaged in the insurance or indemnity business prior or subsequent to the date of enactment of this paragraph.CommentsClose CommentsPermalink





`(c) ENJOINING OF VIOLATION- A violation of this section may be enjoined at the suit of the United States Attorney, upon complaint by any duly authorized representative of any department or agency of the United States.CommentsClose CommentsPermalink

`Sec. 1056. Misuse of names, words, emblems, or insignia

`Whoever, in the course of collecting or aiding in the collection of private debts or obligations, or being engaged in furnishing private police, investigation, or other private detective services, uses or employs in any communication, correspondence, notice, advertisement, or circular the words `national', `Federal', or `United States', the initials `U.S.', or any emblem, insignia, or name, for the purpose of conveying and in a manner reasonably calculated to convey the false impression that such communication is from a department, agency, bureau, or instrumentality of the United States or in any manner represents the United States, shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 1057. Use of likenesses of the great seal of the United States, the seals of the President and Vice President, the seal of the United States Senate, the seal of the United States House of Representatives, and the seal of the United States Congress

`(a) DISPLAY- Whoever knowingly displays any printed or other likeness of the great seal of the United States, or of the seals of the President or the Vice President of the United States, or the seal of the United States Senate, or the seal of the United States House of Representatives, or the seal of the United States Congress, or any facsimile thereof, in, or in connection with, any advertisement, poster, circular, book, pamphlet, or other publication, public meeting, play, motion picture, telecast, or other production, or on any building, monument, or stationery, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the Government of the United States or by any department, agency, or instrumentality thereof, shall be imprisoned not more than six months.CommentsClose CommentsPermalink





`(b) LIKENESS ON ARTICLES- Whoever, except as authorized under regulations promulgated by the President and published in the Federal Register, knowingly manufactures, reproduces, sells, or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seals of the President or Vice President, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be imprisoned not more than six months.CommentsClose CommentsPermalink





`(c) SEAL OF THE UNITED STATES- Whoever, except as directed by the United States Senate, or the Secretary of the Senate on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States Senate, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be imprisoned not more than six months.CommentsClose CommentsPermalink





`(d) SEAL OF UNITED STATES HOUSE OF REPRESENTATIVES- Whoever, except as directed by the United States House of Representatives, or the Clerk of the House of Representatives on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States House of Representatives, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be imprisoned not more than six months.CommentsClose CommentsPermalink





`(e) SEAL OF CONGRESS- Whoever, except as directed by the United States Congress, or the Secretary of the Senate and the Clerk of the House of Representatives, acting jointly on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States Congress, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be imprisoned not more than six months.CommentsClose CommentsPermalink





`(f) VIOLATION MAY BE ENJOINED- A violation of the provisions of this section may be enjoined at the suit of the Attorney General--CommentsClose CommentsPermalink





`(1) in the case of the great seal of the United States and the seals of the President and Vice President, upon complaint by any authorized representative of any department or agency of the United States;CommentsClose CommentsPermalink





`(2) in the case of the seal of the United States Senate, upon complaint by the Secretary of the Senate;CommentsClose CommentsPermalink





`(3) in the case of the seal of the United States House of Representatives, upon complaint by the Clerk of the House of Representatives; andCommentsClose CommentsPermalink





`(4) in the case of the seal of the United States Congress, upon complaint by the Secretary of the Senate and the Clerk of the House of Representatives, acting jointly.CommentsClose CommentsPermalink

`Sec. 1058. Public employee insignia and uniform

`(a) Whoever--CommentsClose CommentsPermalink





`(1) knowingly transfers, transports, or receives, in interstate or foreign commerce, a counterfeit official insignia or uniform;CommentsClose CommentsPermalink





`(2) knowingly transfers, in interstate or foreign commerce, a genuine official insignia or uniform to an individual, knowing that such individual is not authorized to possess it under the law of the place in which the badge is the official insignia or uniform;CommentsClose CommentsPermalink





`(3) knowingly receives a genuine official insignia or uniform in a transfer prohibited by paragraph (2); orCommentsClose CommentsPermalink





`(4) being a person not authorized to possess a genuine official insignia or uniform under the law of the place in which the badge is the official insignia or uniform, knowingly transports that badge in interstate or foreign commerce,CommentsClose CommentsPermalink





shall be imprisoned not more than 6 months.CommentsClose CommentsPermalink





`(b) It is a defense to a prosecution under this section that the insignia or uniform is other than a counterfeit insignia or uniform and is not used to mislead or deceive, or is used or is intended to be used exclusively--CommentsClose CommentsPermalink





`(1) as a memento, or in a collection or exhibit;CommentsClose CommentsPermalink





`(2) for decorative purposes;CommentsClose CommentsPermalink





`(3) for a dramatic presentation, such as a theatrical, film, or television production; orCommentsClose CommentsPermalink





`(4) for any other recreational purpose.CommentsClose CommentsPermalink





`(c) It is a defense to a prosecution under this section that the official insignia or uniform is not used or intended to be used to mislead or deceive, or is a counterfeit insignia or uniform and is used or is intended to be used exclusively--CommentsClose CommentsPermalink





`(1) for a dramatic presentation, such as a theatrical, film, or television production; orCommentsClose CommentsPermalink





`(2) for legitimate law enforcement purposes.CommentsClose CommentsPermalink





`(d) As used in this section--CommentsClose CommentsPermalink





`(1) the term `genuine police badge' means an official badge issued by public authority to identify an individual as a law enforcement officer having police powers;CommentsClose CommentsPermalink





`(2) the term `counterfeit police badge' means an item that so resembles a police badge that it would deceive an ordinary individual into believing it was a genuine police badge; andCommentsClose CommentsPermalink





`(3) the term `official insignia or uniform' means an article of distinctive clothing or insignia, including a badge, emblem or identification card, that is an indicium of the authority of a public employee;CommentsClose CommentsPermalink





`(4) the term `public employee' means any officer or employee of the Federal Government or of a State or local government; andCommentsClose CommentsPermalink





`(5) the term `uniform' means distinctive clothing or other items of dress, whether real or counterfeit, worn during the performance of official duties and which identifies the wearer as a public agency employee.CommentsClose CommentsPermalink

`SUBCHAPTER F--ESCAPE AND RESCUE

`Sec.CommentsClose CommentsPermalink

`1071. Prisoners in custody of institution or officer.CommentsClose CommentsPermalink





`1072. Instigating or assisting escape.CommentsClose CommentsPermalink





`1073. Officer permitting escape.CommentsClose CommentsPermalink





`1074. High speed flight from immigration checkpoint.CommentsClose CommentsPermalink





`1075. Escape from hospitalization.CommentsClose CommentsPermalink

`Sec. 1071. Prisoners in custody of institution or officer

`(a) ADULTS- Whoever escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which he is confined by direction of the Attorney General, or from any custody under or by virtue of any process issued under the laws of the United States by any court, judge, or magistrate judge, or from the custody of an officer or employee of the United States pursuant to lawful arrest, shall, if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be imprisoned not more than five years; or if the custody or confinement is for extradition, or for exclusion or expulsion proceedings under the immigration laws, or by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction, be imprisoned not more than one year.CommentsClose CommentsPermalink





`(b) JUVENILES- Whoever escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which he is confined by direction of the Attorney General, or from any custody under or by virtue of any process issued under the laws of the United States by any court, judge, or magistrate judge, or from the custody of an officer or employee of the United States pursuant to lawful arrest, shall, if the custody or confinement is by virtue of a lawful arrest for a violation of any law of the United States not punishable by death or life imprisonment and committed before such person's eighteenth birthday, and as to whom the Attorney General has not specifically directed the institution of criminal proceedings, or by virtue of a commitment as a juvenile delinquent under section 5034 of this title, be imprisoned not more than one year. Nothing in this section affects the discretionary authority vested in the Attorney General pursuant to section 5032 of this title.CommentsClose CommentsPermalink

`Sec. 1072. Instigating or assisting escape

`(a) ADULTS- Whoever rescues or attempts to rescue or instigates, aids or assists the escape, or attempt to escape, of any person arrested upon a warrant or other process issued under any law of the United States, or committed to the custody of the Attorney General or to any institution or facility by his direction, shall, if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be imprisoned not more than five years; or, if the custody or confinement is for extradition, or for exclusion or expulsion proceedings under the immigration laws, or by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction, be imprisoned not more than one year.CommentsClose CommentsPermalink





`(b) JUVENILES- Whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempted escape of any person in the custody of the Attorney General or his authorized representative, or of any person arrested upon a warrant or other process issued under any law of the United States or from any institution or facility in which he is confined by direction of the Attorney General, shall, if the custody or confinement is by virtue of a lawful arrest for a violation of any law of the United States not punishable by death or life imprisonment and committed before such person's eighteenth birthday, and as to whom the Attorney General has not specifically directed the institution of criminal proceedings, or by virtue of a commitment as a juvenile delinquent under section 5034 of this title, be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 1073. Officer permitting escape

`Whoever, having in his custody any prisoner by virtue of process issued under the laws of the United States by any court, judge, or magistrate judge, voluntarily suffers such prisoner to escape, shall be imprisoned not more than 5 years; or if he negligently suffers such person to escape, he shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 1074. High speed flight from immigration checkpoint

`Whoever flees or evades a checkpoint operated by the Immigration and Naturalization Service, or any other Federal law enforcement agency, in a motor vehicle and flees Federal, State, or local law enforcement agents in excess of the legal speed limit shall be imprisoned not more than five years.CommentsClose CommentsPermalink

`Sec. 1075. Escape from hospitalization

`Whoever escapes or attempts to escape from the custody of any facility or from any place in which or to which he is confined pursuant to this section 1826 of title 28 or section 4243 of this title, or whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempt to escape of such a person, shall be imprisoned not more than three years.CommentsClose CommentsPermalink

`SUBCHAPTER G--FALSE PERSONATION

`Sec.CommentsClose CommentsPermalink

`1091. Citizen of the United States.CommentsClose CommentsPermalink





`1092. Officer or employee of the United States.CommentsClose CommentsPermalink





`1093. Impersonator making arrest or search.CommentsClose CommentsPermalink

`Sec. 1091. Citizen of the United States

`Whoever falsely represents oneself to be a citizen of the United States shall be imprisoned not more than three years.CommentsClose CommentsPermalink

`Sec. 1092. Officer or employee of the United States

`Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value, shall be imprisoned not more than three years.CommentsClose CommentsPermalink

`Sec. 1093. Impersonator making arrest or search

`Whoever falsely represents oneself to be an officer, agent, or employee of the United States, and in such assumed character arrests or detains any person or in any manner searches the person, buildings, or other property of any person, shall be imprisoned not more than three years.CommentsClose CommentsPermalink

`SUBCHAPTER H--FUGITIVES FROM JUSTICE

`Sec.CommentsClose CommentsPermalink

`1101. Concealing person from arrest.CommentsClose CommentsPermalink





`1102. Concealing escaped prisoner.CommentsClose CommentsPermalink





`1103. Flight to avoid prosecution or giving testimony.CommentsClose CommentsPermalink





`1104. Flight to avoid prosecution for damaging or destroying any building or other real or personal property.CommentsClose CommentsPermalink

`Sec. 1101. Concealing person from arrest

`Whoever harbors or conceals any person for whose arrest a warrant or process has been issued under the provisions of any law of the United States, so as to prevent his discovery and arrest, after notice or knowledge of the fact that a warrant or process has been issued for the apprehension of such person, shall be imprisoned not more than one year; except that if the warrant or process issued on a charge of felony, or after conviction of such person of any offense, the punishment shall be a fine under this title, or imprisonment for not more than five years, or both.CommentsClose CommentsPermalink

`Sec. 1102. Concealing escaped prisoner

`Whoever harbors or conceals any prisoner after that prisoner's escape from the custody of the Attorney General or from a Federal penal or correctional institution, shall be imprisoned not more than three years.CommentsClose CommentsPermalink

`Sec. 1103. Flight to avoid prosecution or giving testimony

`(a) OFFENSE- Whoever moves or travels in interstate or foreign commerce with intent--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





shall be imprisoned not more than five years.CommentsClose CommentsPermalink





`(b) SPECIAL VENUE AND APPROVAL REQUIRED- Violations of this section may be prosecuted only in the Federal judicial district in which the original crime was alleged to have been committed, or in which the person was held in custody or confinement, or in which an avoidance of service of process or a contempt referred to in subsection (a)(3) is alleged to have been committed, and only upon formal approval in writing by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or an Assistant Attorney General of the United States, which function of approving prosecutions may not be delegated.CommentsClose CommentsPermalink

`Sec. 1104. Flight to avoid prosecution for damaging or destroying any building or other real or personal property

`(a) OFFENSE- Whoever moves or travels in interstate or foreign commerce with intent--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(2) to avoid giving testimony in any criminal proceeding relating to any such offense;CommentsClose CommentsPermalink





shall be imprisoned not more than five years.CommentsClose CommentsPermalink





`(b) VENUE- Violations of this section may be prosecuted in the Federal judicial district in which the original crime was alleged to have been committed or in which the person was held in custody or confinement: 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 have jurisdiction in the absence of such section.CommentsClose CommentsPermalink

`SUBCHAPTER I--OBSTRUCTION OF JUSTICE

`Sec.CommentsClose CommentsPermalink

`1131. Assault on process server.CommentsClose CommentsPermalink





`1132. Influencing or injuring officer or juror generally.CommentsClose CommentsPermalink





`1133. Obstruction of proceedings before departments, agencies, and committees.CommentsClose CommentsPermalink





`1134. Obstruction of court orders.CommentsClose CommentsPermalink





`1135. Obstruction of criminal investigations.CommentsClose CommentsPermalink





`1136. Obstruction of State or local law enforcement with regard to illegal gambling business.CommentsClose CommentsPermalink





`1137. Tampering with a witness, victim, or an informant.CommentsClose CommentsPermalink





`1138. Retaliating against a witness, victim, or an informant.CommentsClose CommentsPermalink





`1139. Civil action to restrain harassment of a victim or witness.CommentsClose CommentsPermalink





`1140. Civil action to protect against retaliation in fraud cases.CommentsClose CommentsPermalink





`1141. Definitions for certain provisions; general provision.CommentsClose CommentsPermalink





`1142. Destruction of corporate audit records.CommentsClose CommentsPermalink

`Sec. 1131. Assault on process server

`Whoever--CommentsClose CommentsPermalink





`(1) knowingly obstructs, resists, or opposes any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any legal or judicial writ or process of any court of the United States, or United States magistrate judge; orCommentsClose CommentsPermalink





`(2) assaults, beats, or wounds any officer or other person duly authorized, knowing him to be such officer, or other person so duly authorized, in serving or executing any such writ, rule, order, process, warrant, or other legal or judicial writ or process;CommentsClose CommentsPermalink





shall, except as otherwise provided by law, be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 1132. Influencing or injuring officer or juror generally

`(a) ELEMENTS OF THE OFFENSE- Whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any grand or petit juror, or officer in or of any court of the United States, or officer who may be serving at any examination or other proceeding before any United States magistrate judge or other committing magistrate, in the discharge of duty, or injures any such grand or petit juror in his or her person or property on account of any verdict or indictment assented to by him or her, or on account of being or having been such juror, or injures any such officer, magistrate judge, or other committing magistrate in his or her person or property on account of the performance of his official duties, or corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice, shall be punished as provided in subsection (b). If the offense under this section occurs in connection with a trial of a criminal case, and the act in violation of this section involves the threat of physical force or physical force, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.CommentsClose CommentsPermalink





`(b) PUNISHMENT- The punishment for an offense under this section is--CommentsClose CommentsPermalink





`(1) in the case of a killing, the punishment provided in chapter 10;CommentsClose CommentsPermalink





`(2) in the case of an attempted killing, or a case in which the offense was committed against a petit juror and, imprisonment for not more than 20 years; andCommentsClose CommentsPermalink





`(3) in any other case, imprisonment for not more than 10 years.CommentsClose CommentsPermalink

`Sec. 1133. Obstruction of proceedings before departments, agencies, and committees

`Whoever--CommentsClose CommentsPermalink





`(1) with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, knowingly withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so; orCommentsClose CommentsPermalink





`(2) corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress;CommentsClose CommentsPermalink





shall be imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 283), imprisoned not more than 8 years.CommentsClose CommentsPermalink

`Sec. 1134. Obstruction of court orders

`(a) OFFENSE- Whoever, by threats or force, knowingly prevents, obstructs, impedes, or interferes with the due exercise of rights or the performance of duties under any order, judgment, or decree of a court of the United States, shall be imprisoned not more than one year.CommentsClose CommentsPermalink





`(b) INJUNCTIVE AND OTHER RELIEF AVAILABLE- No injunctive or other civil relief against the conduct made criminal by this section shall be denied on the ground that such conduct is a crime.CommentsClose CommentsPermalink

`Sec. 1135. Obstruction of criminal investigations

`(a) IN GENERAL- Whoever knowingly attempts by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator shall be imprisoned not more than five years.CommentsClose CommentsPermalink





`(b) FINANCIAL INSTITUTIONS- (1) Whoever, being an officer of a financial institution, with the intent to obstruct a judicial proceeding, notifies any other person about the existence or contents of a subpoena for records of that financial institution, or information that has been furnished to the grand jury in response to that subpoena, shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(2) Whoever, being an officer of a financial institution notifies--CommentsClose CommentsPermalink





`(A) a customer of that financial institution whose records are sought by a grand jury subpoena; orCommentsClose CommentsPermalink





`(B) any other person named in that subpoena;CommentsClose CommentsPermalink





about the existence or contents of that subpoena or information that has been furnished to the grand jury in response to that subpoena, shall be imprisoned not more than one year.CommentsClose CommentsPermalink





`(3) As used in this subsection--CommentsClose CommentsPermalink





`(A) the term `an officer of a financial institution' means an officer, director, partner, employee, agent, or attorney of or for a financial institution; andCommentsClose CommentsPermalink





`(B) the term `subpoena for records' means a Federal grand jury subpoena or a Department of Justice subpoena (issued under section 3486 of title 18), for customer records that has been served relating to a violation of, or a conspiracy to violate--CommentsClose CommentsPermalink





`(i) section 1003, 644, 645, 773, 774, 775, 779, 804, 1451, 1452, or chapter 53 of title 31; orCommentsClose CommentsPermalink





`(ii) section 801 or 803 affecting a financial institution.CommentsClose CommentsPermalink





`(c) DEFINITION- As used in this section, the term `criminal investigator' means any individual duly authorized by a department, agency, or armed force of the United States to conduct or engage in investigations of or prosecutions for violations of the criminal laws of the United States.CommentsClose CommentsPermalink





`(d) INSURANCE- (1) Whoever--CommentsClose CommentsPermalink





`(A) acting as, or being, an officer, director, agent or employee of a person engaged in the business of insurance whose activities affect interstate commerce, orCommentsClose CommentsPermalink





`(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,CommentsClose CommentsPermalink





with intent to obstruct a judicial proceeding, notifies any other person about the existence or contents of a subpoena for records of that person engaged in such business or information that has been furnished to a Federal grand jury in response to that subpoena, shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(2) As used in paragraph (1), the term `subpoena for records' means a Federal grand jury subpoena for records that has been served relating to a violation of, or a conspiracy to violate, section 1033 of this title.CommentsClose CommentsPermalink





`(e) Whoever, having been notified of the applicable disclosure prohibitions or confidentiality requirements of section 2709(c)(1) of this title, section 626(d)(1) or 627(c)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to Financial Privacy Act (12 U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section 802(b)(1) of the National Security Act of 1947 (50 U.S.C. 436(b)(1)), knowingly and with the intent to obstruct an investigation or judicial proceeding violates such prohibitions or requirements applicable by law to such person shall be imprisoned for not more than five years.CommentsClose CommentsPermalink

`Sec. 1136. Obstruction of State or local law enforcement with regard to illegal gambling business

`(a) ELEMENTS OF THE OFFENSE- It shall be unlawful for two or more persons to conspire to obstruct the enforcement of the criminal laws of a State or political subdivision thereof, with the intent to facilitate an illegal gambling business if--CommentsClose CommentsPermalink





`(1) one or more of such persons does any act to effect the object of such a conspiracy;CommentsClose CommentsPermalink





`(2) one or more of such persons is an official or employee, elected, appointed, or otherwise, of such State or political subdivision; andCommentsClose CommentsPermalink





`(3) one or more of such persons conducts finances, manages, supervises, directs, or owns all or part of an illegal gambling business.CommentsClose CommentsPermalink





`(b) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the term `illegal gambling business' means a gambling business which--CommentsClose CommentsPermalink





`(i) is a violation of the law of a State or political subdivision in which it is conducted;CommentsClose CommentsPermalink





`(ii) involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of such business; andCommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(2) the term `gambling' includes pool-selling, bookmaking, maintaining slot machines, roulette wheels, or dice tables, and conducting lotteries, policy, bolita or numbers games, or selling chances therein.CommentsClose CommentsPermalink





`(c) EXCLUSION- This section does not apply to any bingo game, lottery, or similar game of chance conducted by an organization exempt from tax under paragraph (3) of subsection (c) of section 501 of the Internal Revenue Code of 1986, if no part of the gross receipts derived from such activity inures to the benefit of any private shareholder, member, or employee of such organization, except as reimbursement for actual expenses incurred in the conduct of such activity.CommentsClose CommentsPermalink





`(d) PUNISHMENT- Whoever violates this section shall be imprisoned not more than five years.CommentsClose CommentsPermalink

`Sec. 1137. Tampering with a witness, victim, or an informant

`(a) VIOLENT OFFENSE-CommentsClose CommentsPermalink





`(1) KILLING- Whoever kills or attempts to kill another person, with intent to--CommentsClose CommentsPermalink





`(A) prevent the attendance or testimony of any person in an official proceeding;CommentsClose CommentsPermalink





`(B) prevent the production of a record, document, or other object, in an official proceeding; orCommentsClose CommentsPermalink





`(C) prevent the communication by any person to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings;CommentsClose CommentsPermalink





shall be punished as provided in paragraph (3).CommentsClose CommentsPermalink





`(2) USE OR THREAT OF PHYSICAL FORCE- Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to--CommentsClose CommentsPermalink





`(A) influence, delay, or prevent the testimony of any person in an official proceeding;CommentsClose CommentsPermalink





`(B) cause or induce any person to--CommentsClose CommentsPermalink





`(i) withhold testimony, or withhold a record, document, or other object, from an official proceeding;CommentsClose CommentsPermalink





`(ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding;CommentsClose CommentsPermalink





`(iii) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; orCommentsClose CommentsPermalink





`(iv) be absent from an official proceeding to which that person has been summoned by legal process; orCommentsClose CommentsPermalink





`(C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings;CommentsClose CommentsPermalink





shall be punished as provided in paragraph (3).CommentsClose CommentsPermalink





`(3) PUNISHMENT- The punishment for an offense under this subsection is--CommentsClose CommentsPermalink





`(A) the same as provided for a like offense in chapter 10; andCommentsClose CommentsPermalink





`(B) in the case of the threat of use of physical force against any person, imprisonment for not more than 10 years.CommentsClose CommentsPermalink





`(b) NONVIOLENT OFFENSES INVOLVING OTHER PERSONS- Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to--CommentsClose CommentsPermalink





`(1) influence, delay, or prevent the testimony of any person in an official proceeding;CommentsClose CommentsPermalink





`(2) cause or induce any person to--CommentsClose CommentsPermalink





`(A) withhold testimony, or withhold a record, document, or other object, from an official proceeding;CommentsClose CommentsPermalink





`(B) alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding;CommentsClose CommentsPermalink





`(C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; orCommentsClose CommentsPermalink





`(D) be absent from an official proceeding to which such person has been summoned by legal process; orCommentsClose CommentsPermalink





`(3) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings.CommentsClose CommentsPermalink





`(c) NONVIOLENT OFFENSES NOT INVOLVING OTHER PERSONS- Whoever corruptly--CommentsClose CommentsPermalink





`(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object's integrity or availability for use in an official proceeding; orCommentsClose CommentsPermalink





`(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,CommentsClose CommentsPermalink





shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink





`(d) HARASSMENT- Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from--CommentsClose CommentsPermalink





`(1) attending or testifying in an official proceeding;CommentsClose CommentsPermalink





`(2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings;CommentsClose CommentsPermalink





`(3) arresting or seeking the arrest of another person in connection with a Federal offense; orCommentsClose CommentsPermalink





`(4) causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding;CommentsClose CommentsPermalink





or attempts to do so, shall be imprisoned not more than one year.CommentsClose CommentsPermalink





`(e) AFFIRMATIVE DEFENSE- In a prosecution for an offense under this section, it is an affirmative defense, that the conduct consisted solely of lawful conduct and that the defendant's sole intention was to encourage, induce, or cause the other person to testify truthfully.CommentsClose CommentsPermalink





`(f) SPECIAL RULES- For the purposes of this section--CommentsClose CommentsPermalink





`(1) an official proceeding need not be pending or about to be instituted at the time of the offense; andCommentsClose CommentsPermalink





`(2) the testimony, or the record, document, or other object need not be admissible in evidence or free of a claim of privilege.CommentsClose CommentsPermalink





`(g) STATE OF MIND- In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance--CommentsClose CommentsPermalink





`(1) that the official proceeding before a judge, court, magistrate judge, grand jury, or government agency is before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a Federal grand jury, or a Federal Government agency; orCommentsClose CommentsPermalink





`(2) that the judge is a judge of the United States or that the law enforcement officer is an officer or employee of the Federal Government or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant.CommentsClose CommentsPermalink





`(h) EXTRATERRITORIAL JURISDICTION- There is extraterritorial Federal jurisdiction over an offense under this section.CommentsClose CommentsPermalink





`(i) VENUE- A prosecution under this section or section 1132 may be brought in the district in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected or in the district in which the conduct constituting the alleged offense occurred.CommentsClose CommentsPermalink





`(j) INCREASED PUNISHMENT- If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.CommentsClose CommentsPermalink

`Sec. 1138. Retaliating against a witness, victim, or an informant

`(a) OFFENSES INVOLVING KILLING-CommentsClose CommentsPermalink





`(1) ELEMENTS OF THE OFFENSE- Whoever kills another person with intent to retaliate against any person for--CommentsClose CommentsPermalink





`(A) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; orCommentsClose CommentsPermalink





`(B) providing to a law enforcement officer any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings,CommentsClose CommentsPermalink





`(2) PUNISHMENT- The punishment for an offense under this subsection is the same as for a like offense under chapter 10.CommentsClose CommentsPermalink





`(b) OFFENSES INVOLVING BODILY INJURY- Whoever knowingly engages in any conduct and thereby causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for--CommentsClose CommentsPermalink





`(1) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; orCommentsClose CommentsPermalink





`(2) any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings given by a person to a law enforcement officer;CommentsClose CommentsPermalink





`(c) INCREASED PUNISHMENT- If the retaliation occurred because of attendance at or testimony in a criminal case, the maximum term of imprisonment which may be imposed for the offense under this section shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.CommentsClose CommentsPermalink





`(d) EXTRATERRITORIAL JURISDICTION- There is extraterritorial Federal jurisdiction over an offense under this section.CommentsClose CommentsPermalink





`(e) OTHER RETALIATION- Whoever knowingly, with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense, shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink

`Sec. 1139. Civil action to restrain harassment of a victim or witness

`(a) TEMPORARY RESTRAINING ORDER- (1) A United States district court, upon application of the attorney for the Government, shall issue a temporary restraining order prohibiting harassment of a victim or witness in a Federal criminal case if the court finds, from specific facts shown by affidavit or by verified complaint, that there are reasonable grounds to believe that harassment of an identified victim or witness in a Federal criminal case exists or that such order is necessary to prevent and restrain an offense under section 1137 of this title, other than an offense consisting of misleading conduct, or under section 1138 of this title.CommentsClose CommentsPermalink





`(2)(A) A temporary restraining order may be issued under this section without written or oral notice to the adverse party or such party's attorney in a civil action under this section if the court finds, upon written certification of facts by the attorney for the Government, that such notice should not be required and that there is a reasonable probability that the Government will prevail on the merits.CommentsClose CommentsPermalink





`(B) A temporary restraining order issued without notice under this section shall be endorsed with the date and hour of issuance and be filed forthwith in the office of the clerk of the court issuing the order.CommentsClose CommentsPermalink





`(C) A temporary restraining order issued under this section shall expire at such time, not to exceed 10 days from issuance, as the court directs; the court, for good cause shown before expiration of such order, may extend the expiration date of the order for up to 10 days or for such longer period agreed to by the adverse party.CommentsClose CommentsPermalink





`(D) When a temporary restraining order is issued without notice, the motion for a protective order shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character, and when such motion comes on for hearing, if the attorney for the Government does not proceed with the application for a protective order, the court shall dissolve the temporary restraining order.CommentsClose CommentsPermalink





`(E) If on two days notice to the attorney for the Government or on such shorter notice as the court may prescribe, the adverse party appears and moves to dissolve or modify the temporary restraining order, the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.CommentsClose CommentsPermalink





`(F) A temporary restraining order shall set forth the reasons for the issuance of such order, be specific in terms, and describe in reasonable detail (and not by reference to the complaint or other document) the act or acts being restrained.CommentsClose CommentsPermalink





`(b) PROTECTIVE ORDER- (1) A United States district court, upon motion of the attorney for the Government, shall issue a protective order prohibiting harassment of a victim or witness in a Federal criminal case if the court, after a hearing, finds by a preponderance of the evidence that harassment of an identified victim or witness in a Federal criminal case exists or that such order is necessary to prevent and restrain an offense under section 1137 of this title, other than an offense consisting of misleading conduct, or under section 1138 of this title.CommentsClose CommentsPermalink





`(2) At the hearing referred to in paragraph (1) of this subsection, any adverse party named in the complaint shall have the right to present evidence and cross-examine witnesses.CommentsClose CommentsPermalink





`(3) A protective order shall set forth the reasons for the issuance of such order, be specific in terms, describe in reasonable detail (and not by reference to the complaint or other document) the act or acts being restrained.CommentsClose CommentsPermalink





`(4) The court shall set the duration of effect of the protective order for such period as the court determines necessary to prevent harassment of the victim or witness but in no case for a period in excess of three years from the date of such order's issuance. The attorney for the Government may, at any time within ninety days before the expiration of such order, apply for a new protective order under this section.CommentsClose CommentsPermalink





`(c) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the term `harassment' means a course of conduct directed at a specific person that--CommentsClose CommentsPermalink





`(A) causes substantial emotional distress in such person; andCommentsClose CommentsPermalink





`(B) serves no legitimate purpose; andCommentsClose CommentsPermalink





`(2) the term `course of conduct' means a series of acts over a period of time, however short, indicating a continuity of purpose.CommentsClose CommentsPermalink

`Sec. 1140. Civil action to protect against retaliation in fraud cases

`(a) Whistleblower Protection for Employees of Publicly Traded Companies- No company with a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l), or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(d)), or any officer, employee, contractor, subcontractor, or agent of such company, may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee--CommentsClose CommentsPermalink





`(1) to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the employee reasonably believes constitutes a violation of section 801, 803, 804, or 807, any rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholders, when the information or assistance is provided to or the investigation is conducted by--CommentsClose CommentsPermalink





`(A) a Federal regulatory or law enforcement agency;CommentsClose CommentsPermalink





`(B) any Member of Congress or any committee of Congress; orCommentsClose CommentsPermalink





`(C) a person with supervisory authority over the employee (or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct); orCommentsClose CommentsPermalink





`(2) to file, cause to be filed, testify, participate in, or otherwise assist in a proceeding filed or about to be filed (with any knowledge of the employer) relating to an alleged violation of section 801, 803, 804, or 807, any rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholders.CommentsClose CommentsPermalink





`(b) Enforcement Action-CommentsClose CommentsPermalink





`(1) In general- A person who alleges discharge or other discrimination by any person in violation of subsection (a) may seek relief under subsection (c), by--CommentsClose CommentsPermalink





`(A) filing a complaint with the Secretary of Labor; orCommentsClose CommentsPermalink





`(B) if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy.CommentsClose CommentsPermalink





`(2) Procedure-CommentsClose CommentsPermalink





`(A) In general- An action under paragraph (1)(A) shall be governed under the rules and procedures set forth in section 42121(b) of title 49, United States Code.CommentsClose CommentsPermalink





`(B) Exception- Notification made under section 42121(b)(1) of title 49, United States Code, shall be made to the person named in the complaint and to the employer.CommentsClose CommentsPermalink





`(C) Burdens of proof- An action brought under paragraph (1)(B) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code.CommentsClose CommentsPermalink





`(D) Statute of limitations- An action under paragraph (1) shall be commenced not later than 90 days after the date on which the violation occurs.CommentsClose CommentsPermalink





`(c) Remedies-CommentsClose CommentsPermalink





`(1) In general- An employee prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the employee whole.CommentsClose CommentsPermalink





`(2) Compensatory damages- Relief for any action under paragraph (1) shall include--CommentsClose CommentsPermalink





`(A) reinstatement with the same seniority status that the employee would have had, but for the discrimination;CommentsClose CommentsPermalink





`(B) the amount of back pay, with interest; andCommentsClose CommentsPermalink





`(C) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees.CommentsClose CommentsPermalink





`(d) Rights Retained by Employee- Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement.CommentsClose CommentsPermalink

`Sec. 1141. Definitions for certain provisions; general provision

`(a) DEFINITIONS FOR SECTIONS 1137 AND 1138- As used in sections 1137 and 1138 and in this section--CommentsClose CommentsPermalink





`(1) the term `official proceeding' means--CommentsClose CommentsPermalink





`(A) a proceeding before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a judge of the United States Tax Court, a special trial judge of the Tax Court, a judge of the United States Court of Federal Claims, or a Federal grand jury;CommentsClose CommentsPermalink





`(B) a proceeding before the Congress;CommentsClose CommentsPermalink





`(C) a proceeding before a Federal Government agency which is authorized by law; orCommentsClose CommentsPermalink





`(D) a proceeding involving the business of insurance whose activities affect interstate commerce before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of any person engaged in the business of insurance whose activities affect interstate commerce;CommentsClose CommentsPermalink





`(2) the term `physical force' means physical action against another, and includes confinement;CommentsClose CommentsPermalink





`(3) the term `misleading conduct' means--CommentsClose CommentsPermalink





`(A) knowingly making a false statement;CommentsClose CommentsPermalink





`(B) intentionally omitting information from a statement and thereby causing a portion of such statement to be misleading, or intentionally concealing a material fact, and thereby creating a false impression by such statement;CommentsClose CommentsPermalink





`(C) with intent to mislead, knowingly submitting or inviting reliance on a writing or recording that is false, forged, altered, or otherwise lacking in authenticity;CommentsClose CommentsPermalink





`(D) with intent to mislead, knowingly submitting or inviting reliance on a sample, specimen, map, photograph, boundary mark, or other object that is misleading in a material respect; orCommentsClose CommentsPermalink





`(E) knowingly using a trick, scheme, or device with intent to mislead;CommentsClose CommentsPermalink





`(4) the term `law enforcement officer' means an officer or employee of the Federal Government, or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant--CommentsClose CommentsPermalink





`(A) authorized under law to engage in or supervise the prevention, detection, investigation, or prosecution of an offense; orCommentsClose CommentsPermalink





`(B) serving as a probation or pretrial services officer under this title;CommentsClose CommentsPermalink





`(5) the term `corruptly persuades' does not include conduct which would be misleading conduct but for a lack of a state of mind.CommentsClose CommentsPermalink





`(b) DEFINITION FOR SECTION 1133- As used in section 1505, the term `corruptly' means acting with an improper purpose, personally or by influencing another, including making a false or misleading statement, or withholding, concealing, altering, or destroying a document or other information.CommentsClose CommentsPermalink





`(c) EXCLUSION- This subchapter does not prohibit or punish the providing of lawful, bona fide, legal representation services in connection with or anticipation of an official proceeding.CommentsClose CommentsPermalink

`Sec. 1142. Destruction of corporate audit records

`(a) REGULATORY REQUIREMENTS- (1) Any accountant who conducts an audit of an issuer of securities to which section 10A(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78j-1(a)) applies, shall maintain all audit or review workpapers for a period of 5 years from the end of the fiscal period in which the audit or review was concluded.CommentsClose CommentsPermalink





`(2) The Securities and Exchange Commission shall promulgate, within 180 days, after adequate notice and an opportunity for comment, such rules and regulations, as are reasonably necessary, relating to the retention of relevant records such as workpapers, documents that form the basis of an audit or review, memoranda, correspondence, communications, other documents, and records (including electronic records) which are created, sent, or received in connection with an audit or review and contain conclusions, opinions, analyses, or financial data relating to such an audit or review, which is conducted by any accountant who conducts an audit of an issuer of securities to which section 10A(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78j-1(a)) applies. The Commission may, from time to time, amend or supplement the rules and regulations that it is required to promulgate under this section, after adequate notice and an opportunity for comment, in order to ensure that such rules and regulations adequately comport with the purposes of this section.CommentsClose CommentsPermalink





`(b) OFFENSE- Whoever knowingly violates subsection (a)(1), or any rule or regulation promulgated by the Securities and Exchange Commission under subsection (a)(2), shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink





`(c) RULE OF CONSTRUCTION- Nothing in this section shall be deemed to diminish or relieve any person of any other duty or obligation imposed by Federal or State law or regulation to maintain, or refrain from destroying, any document.CommentsClose CommentsPermalink

`SUBCHAPTER J--PRISONS

`Sec.CommentsClose CommentsPermalink

`1161. Providing or possessing contraband in prison.CommentsClose CommentsPermalink





`1162. Mutiny and riot prohibited.CommentsClose CommentsPermalink





`1163. Trespass on Bureau of Prisons reservations and land.CommentsClose CommentsPermalink

`Sec. 1161. Providing or possessing contraband in prison

`(a) Offense- Whoever--CommentsClose CommentsPermalink





`(1) in violation of a statute or a rule or order issued under a statute, provides to an inmate of a prison a prohibited object, or attempts to do so; orCommentsClose CommentsPermalink





`(2) being an inmate of a prison, makes, possesses, or obtains, or attempts to make or obtain, a prohibited object;CommentsClose CommentsPermalink





shall be punished as provided in subsection (b) of this section.CommentsClose CommentsPermalink





`(b) Punishment- The punishment for an offense under this section is a fine under this title or--CommentsClose CommentsPermalink





`(1) imprisonment for not more than 20 years, or both, if the object is specified in subsection (d)(1)(C) of this section;CommentsClose CommentsPermalink





`(2) imprisonment for not more than 10 years, or both, if the object is specified in subsection (d)(1)(A) of this section;CommentsClose CommentsPermalink





`(3) imprisonment for not more than 5 years, or both, if the object is specified in subsection (d)(1)(B) of this section;CommentsClose CommentsPermalink





`(4) imprisonment for not more than one year, or both, if the object is specified in subsection (d)(1)(D) or (d)(1)(E) of this section; andCommentsClose CommentsPermalink





`(5) imprisonment for not more than 6 months, or both, if the object is specified in subsection (d)(1)(F) of this section.CommentsClose CommentsPermalink





`(c) Consecutive Punishment Required in Certain Cases- Any punishment imposed under subsection (b) for a violation of this section involving a controlled substance shall be consecutive to any other sentence imposed by any court for an offense involving such a controlled substance. Any punishment imposed under subsection (b) for a violation of this section by an inmate of a prison shall be consecutive to the sentence being served by such inmate at the time the inmate commits such violation.CommentsClose CommentsPermalink





`(d) Definitions- As used in this section--CommentsClose CommentsPermalink





`(1) the term `prohibited object' means--CommentsClose CommentsPermalink





`(A) a firearm or destructive device or a controlled substance in schedule I or II, other than marijuana or a controlled substance referred to in subparagraph (C) of this subsection;CommentsClose CommentsPermalink





`(B) marijuana or a controlled substance in schedule III, other than a controlled substance referred to in subparagraph (C) of this subsection, ammunition, a weapon (other than a firearm or destructive device), or an object that is designed or intended to be used as a weapon or to facilitate escape from a prison;CommentsClose CommentsPermalink





`(C) a narcotic drug, methamphetamine, its salts, isomers, and salts of its isomers, lysergic acid diethylamide, or phencyclidine;CommentsClose CommentsPermalink





`(D) a controlled substance (other than a controlled substance referred to in subparagraph (A), (B), or (C) of this subsection) or an alcoholic beverage;CommentsClose CommentsPermalink





`(E) any United States or foreign currency; andCommentsClose CommentsPermalink





`(F) any other object that threatens the order, discipline, or security of a prison, or the life, health, or safety of an individual;CommentsClose CommentsPermalink





`(2) the terms `ammunition', `firearm', and `destructive device' have, respectively, the meanings given those terms in section 921 of this title;CommentsClose CommentsPermalink





`(3) the terms `controlled substance' and `narcotic drug' have, respectively, the meanings given those terms in section 102 of the Controlled Substances Act (21 U.S.C. 802); andCommentsClose CommentsPermalink





`(4) the term `prison' means a Federal correctional, detention, or penal facility or any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General.CommentsClose CommentsPermalink

`Sec. 1162. Mutiny and riot prohibited

`Whoever instigates, connives, willfully attempts to cause, assists, or conspires to cause any mutiny or riot, at any Federal penal, detention, or correctional facility, shall be imprisoned not more than ten years.CommentsClose CommentsPermalink

`Sec. 1163. Trespass on Bureau of Prisons reservations and land

`Whoever, without lawful authority or permission, goes upon a reservation, land, or a facility of the Bureau of Prisons shall be imprisoned not more than six months.CommentsClose CommentsPermalink

`SUBCHAPTER K--PUBLIC OFFICERS AND EMPLOYEES

`Sec.CommentsClose CommentsPermalink

`1171. Disclosure of confidential information generally.CommentsClose CommentsPermalink

`Sec. 1171. Disclosure of confidential information generally

`Whoever, being an officer or employee of the United States or of any department or agency thereof, any person acting on behalf of the Office of Federal Housing Enterprise Oversight, or agent of the Department of Justice as defined in the Antitrust Civil Process Act (15 U.S.C. 1311-1314), or being an employee of a private sector organization who is or was assigned to an agency under chapter 37 of title 5, publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with, such department or agency or officer or employee thereof, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law; shall be imprisoned not more than one year; and shall be removed from office or employment.CommentsClose CommentsPermalink

`SUBCHAPTER L--RECORDS AND REPORTS

`Sec.CommentsClose CommentsPermalink

`1181. Concealment, removal, or mutilation generally.CommentsClose CommentsPermalink





`1182. False entries and reports of moneys or securities.CommentsClose CommentsPermalink

`Sec. 1181. Concealment, removal, or mutilation generally

`Whoever knowingly and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be imprisoned not more than three years.CommentsClose CommentsPermalink

`Sec. 1182. False entries and reports of moneys or securities

`Whoever--CommentsClose CommentsPermalink





`(1) being an officer, clerk, agent, or other employee of the United States or any of its agencies, charged with the duty of keeping accounts or records of any kind, with intent to deceive, mislead, injure, or defraud, makes in any such account or record any false or fictitious entry or record of any matter relating to or connected with his duties; orCommentsClose CommentsPermalink





`(2) being an officer, clerk, agent, or other employee of the United States or any of its agencies, charged with the duty of receiving, holding, or paying over moneys or securities to, for, or on behalf of the United States, or of receiving or holding in trust for any person any moneys or securities, with like intent, makes a false report of such moneys or securities;CommentsClose CommentsPermalink





shall be imprisoned not more than ten years.CommentsClose CommentsPermalink

`SUBCHAPTER M--SEARCHES AND SEIZURES

`Sec.CommentsClose CommentsPermalink

`1191. Destruction or removal of property to prevent seizure.CommentsClose CommentsPermalink





`1192. Rescue of seized property.CommentsClose CommentsPermalink

`Sec. 1191. Destruction or removal of property to prevent seizure

`(a) Destruction or Removal of Property To Prevent Seizure- Whoever, before, during, or after any search for or seizure of property by any person authorized to make such search or seizure, knowingly destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of preventing or impairing the Government's lawful authority to take such property into its custody or control or to continue holding such property under its lawful custody and control, shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(b) Impairment of In Rem Jurisdiction- Whoever, knowing that property is subject to the in rem jurisdiction of a United States court for purposes of civil forfeiture under Federal law, knowingly and without authority from that court, destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of impairing or defeating the court's continuing in rem jurisdiction over the property, shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(c) Notice of Search or Execution of Seizure Warrant or Warrant of Arrest In Rem- Whoever, having knowledge that any person authorized to make searches and seizures, or to execute a seizure warrant or warrant of arrest in rem, in order to prevent the authorized seizing or securing of any person or property, gives notice or attempts to give notice in advance of the search, seizure, or execution of a seizure warrant or warrant of arrest in rem, to any person shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(d) Notice of Certain Electronic Surveillance- Whoever, having knowledge that a Federal investigative or law enforcement officer has been authorized or has applied for authorization under subchapter C of chapter 37 to intercept a wire, oral, or electronic communication, in order to obstruct, impede, or prevent such interception, gives notice or attempts to give notice of the possible interception to any person shall be imprisoned not more than five years.CommentsClose CommentsPermalink





`(e) Foreign Intelligence Surveillance- Whoever, having knowledge that a Federal officer has been authorized or has applied for authorization to conduct electronic surveillance under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801, et seq.), in order to obstruct, impede, or prevent such activity, gives notice or attempts to give notice of the possible activity to any person shall be imprisoned not more than five years.CommentsClose CommentsPermalink

`Sec. 1192. Rescue of seized property

`Whoever forcibly rescues, dispossesses, or attempts to rescue or dispossess any property, articles, or objects after the same shall have been taken, detained, or seized by any officer or other person under the authority of any revenue law of the United States, or by any person authorized to make searches and seizures, shall be imprisoned not more than two years.CommentsClose CommentsPermalink

`SUBCHAPTER N--MALICIOUS MISCHIEF

`Sec.CommentsClose CommentsPermalink

`1201. Government property or contracts.CommentsClose CommentsPermalink





`1202. Communication lines, stations, or systems.CommentsClose CommentsPermalink





`1203. Buildings or property within special maritime and territorial jurisdiction.CommentsClose CommentsPermalink





`1204. Tampering with consumer products.CommentsClose CommentsPermalink





`1205. Destruction of an energy facility.CommentsClose CommentsPermalink





`1206. Harming animals used in law enforcement.CommentsClose CommentsPermalink





`1207. Destruction of veterans' memorials.CommentsClose CommentsPermalink

`Sec. 1201. Government property or contracts

`Whoever knowingly and without authority injures or commits any depredation against any property of the United States, or of any department or agency thereof, or any property which has been or is being manufactured or constructed for the United States, or any department or agency thereof, or attempts to commit any of the foregoing offenses, shall be punished as follows:CommentsClose CommentsPermalink





`(1) If the damage or attempted damage to such property exceeds the sum of $1,000, by imprisonment for not more than ten years.CommentsClose CommentsPermalink





`(2) If the damage or attempted damage to such property does not exceed the sum of $1,000, by imprisonment for not more than one year.CommentsClose CommentsPermalink

`Sec. 1202. Communication lines, stations, or systems

`(a) OFFENSE- Whoever knowingly and without authority injures or destroys any of the works, property, or material of any radio, telegraph, telephone or cable, line, station, or system, or other means of communication, operated or controlled by the United States, or used or intended to be used for military or civil defense functions of the United States, whether constructed or in process of construction, or willfully or maliciously interferes in any way with the working or use of any such line, or system, or willfully or maliciously obstructs, hinders, or delays the transmission of any communication over any such line, or system, or attempts or conspires to do such an act, shall be imprisoned not more than ten years.CommentsClose CommentsPermalink





`(b) EXCLUSION- In the case of any works, property, or material, not operated or controlled by the United States, this section shall not apply to any lawful strike activity, or other lawful concerted activities for the purposes of collective bargaining or other mutual aid and protection which do not injure or destroy any line or system used or intended to be used for the military or civil defense functions of the United States.CommentsClose CommentsPermalink

`Sec. 1203. Buildings or property within special maritime and territorial jurisdiction

`Whoever, within the special maritime and territorial jurisdiction of the United States, knowingly and without authority destroys or injures any structure, conveyance, or other real or personal property, or attempts or conspires to do such an act, shall be imprisoned not more than five years and if the building be a dwelling, or the life of any person be placed in jeopardy, shall be imprisoned not more than twenty years.CommentsClose CommentsPermalink

`Sec. 1204. Tampering with consumer products

`(a) TAMPERING IN GENERAL- Whoever, with reckless disregard for the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk, tampers with any consumer product that affects interstate or foreign commerce, or the labeling of, or container for, any such product, or attempts to do so, shall--CommentsClose CommentsPermalink





`(1) in the case of an attempt, be imprisoned not more than ten years;CommentsClose CommentsPermalink





`(2) if death of an individual results, be imprisoned for any term of years or for life;CommentsClose CommentsPermalink





`(3) if serious bodily injury to any individual results, be imprisoned not more than twenty years; andCommentsClose CommentsPermalink





`(4) in any other case, be imprisoned not more than ten years.CommentsClose CommentsPermalink





`(b) TAINTING WITH INTENT TO CAUSE SERIOUS INJURY THROUGH BUSINESS- Whoever, with intent to cause serious injury to the business of any person, taints any consumer product or renders materially false or misleading the labeling of, or container for, a consumer product, if such consumer product affects interstate or foreign commerce, shall be imprisoned not more than three years.CommentsClose CommentsPermalink





`(c) FALSE INFORMATION- (1) Whoever knowingly communicates false information that a consumer product has been tainted, if such product or the results of such communication affect interstate or foreign commerce, and if such tainting, had it occurred, would create a risk of death or bodily injury to another person, shall be imprisoned not more than five years.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(d) THREATS- Whoever knowingly threatens, under circumstances in which the threat may reasonably be expected to be believed, that conduct that, if it occurred, would violate subsection (a) of this section will occur, shall be imprisoned not more than five years.CommentsClose CommentsPermalink





`(e) CONSPIRACY- Whoever is a party to a conspiracy of two or more persons to commit an offense under subsection (a) of this section, if any of the parties intentionally engages in any conduct in furtherance of such offense, shall be imprisoned not more than ten years.CommentsClose CommentsPermalink





`(f) TAMPERING WITH WRITING- (1) Whoever, without the consent of the manufacturer, retailer, or distributor, intentionally tampers with a consumer product that is sold in interstate or foreign commerce by knowingly placing or inserting any writing in the consumer product, or in the container for the consumer product, before the sale of the consumer product to any consumer shall be imprisoned not more than 1 year.CommentsClose CommentsPermalink





`(2) Notwithstanding the provisions of paragraph (1), if any person commits a violation of this subsection after a prior conviction under this section becomes final, such person shall be imprisoned for not more than 3 years.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(g) AUTHORITY OF FOOD AND DRUG ADMINISTRATION AND DEPARTMENT OF AGRICULTURE- In addition to any other agency which has authority to investigate violations of this section, the Food and Drug Administration and the Department of Agriculture, respectively, have authority to investigate violations of this section involving a consumer product that is regulated by a provision of law such Administration or Department, as the case may be, administers.CommentsClose CommentsPermalink





`(h) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the term `consumer product' means--CommentsClose CommentsPermalink





`(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); orCommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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)).CommentsClose CommentsPermalink

`Sec. 1205. Destruction of an energy facility

`(a) DAMAGE EXCEEDING $100,000- Whoever knowingly and without authority--CommentsClose CommentsPermalink





`(1) damages the property of an energy facility in an amount that exceeds $100,000; orCommentsClose CommentsPermalink





`(2) damages the property of an energy facility in any amount and thereby causes a significant interruption or impairment of a function of an energy facility;CommentsClose CommentsPermalink





shall be imprisoned for not more than 20 years.CommentsClose CommentsPermalink





`(b) DAMAGE EXCEEDING $5,000- Whoever knowingly and without authority damages the property of an energy facility in an amount that exceeds $5,000 shall be imprisoned for not more than five years.CommentsClose CommentsPermalink





`(c) DEFINITION- As used in this section, the term `energy facility' means a facility that is involved in the production, storage, transmission, or distribution of electricity, fuel, or another form or source of energy, or research, development, or demonstration facilities relating thereto, regardless of whether such facility is still under construction or is otherwise not functioning, except a facility subject to the jurisdiction, administration, or in the custody of the Nuclear Regulatory Commission or an interstate gas pipeline facility as defined in section 60101 of title 49.CommentsClose CommentsPermalink





`(d) INCREASED PUNISHMENT WHERE DEATH RESULTS- Whoever is convicted of a violation of subsection (a) or (b) that has resulted in the death of any person shall be subject to imprisonment for any term of years or life.CommentsClose CommentsPermalink

`Sec. 1206. Harming animals used in law enforcement

`(a) OFFENSE- Whoever maliciously harms any police animal, or attempts or conspires to do so, shall be imprisoned not more than 1 year. If the offense permanently disables or disfigures the animal, or causes serious bodily injury to or the death of the animal, the maximum term of imprisonment shall be 10 years.CommentsClose CommentsPermalink





`(b) DEFINITION- In this section, the term `police animal' means a dog or horse employed by a Federal agency (whether in the executive, legislative, or judicial branch) for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of criminal offenders.CommentsClose CommentsPermalink

`Sec. 1207. Destruction of veterans' memorials

`(a) OFFENSE- Whoever, as made applicable by subsection (b), knowingly and without authority injures or destroys any structure, plaque, statue, or other monument on public property commemorating the service of any person or persons in the armed forces of the United States shall be imprisoned not more than 10 years.CommentsClose CommentsPermalink





`(b) FEDERAL NEXUS- Subsection (a) applies if--CommentsClose CommentsPermalink





`(1) in committing the offense, the defendant travels or causes another to travel in interstate or foreign commerce, or uses the mail or an instrumentality of interstate or foreign commerce; orCommentsClose CommentsPermalink





`(2) the structure, plaque, statue, or other monument is located on property owned by, or under the jurisdiction of, the Federal Government.CommentsClose CommentsPermalink

`SUBCHAPTER O--PUBLIC LANDS

`Sec.CommentsClose CommentsPermalink

`1211. Timber removed or transported.CommentsClose CommentsPermalink





`1212. Trees cut or injured.CommentsClose CommentsPermalink





`1213. Timber set afire.CommentsClose CommentsPermalink





`1214. Fires left unattended and unextinguished.CommentsClose CommentsPermalink





`1215. Trespass on national forest lands.CommentsClose CommentsPermalink





`1216. Hazardous or injurious devices on Federal lands.CommentsClose CommentsPermalink

`Sec. 1211. Timber removed or transported

`(a) OFFENSE- Whoever knowingly and without authority--CommentsClose CommentsPermalink





`(1) cuts or destroys any timber growing on the public lands of the United States;CommentsClose CommentsPermalink





`(2) removes any timber from those public lands, with intent to export or to dispose of that timber; orCommentsClose CommentsPermalink





`(3) being the owner, master, pilot, operator, or consignee of any vessel, motor vehicle, or aircraft or the owner, director, or agent of any railroad, knowingly transports any timber so cut or removed, or lumber manufactured from that timber;CommentsClose CommentsPermalink





shall be imprisoned not more than one year.CommentsClose CommentsPermalink





`(b) EXCLUSION- This section does not prevent any miner or agriculturist from clearing land in the ordinary working of the miner's mining claim, or in the preparation of the agriculturalist's farm for tillage, or from taking the timber necessary to support improvements, or the taking of timber for the use of the United States; nor shall it interfere with or take away any right or privilege under any existing law of the United States to cut or remove timber from any public lands.CommentsClose CommentsPermalink

`Sec. 1212. Trees cut or injured

`Whoever knowingly and without authority cuts, injures, or destroys any tree growing, standing, or being upon any land of the United States which, in pursuance of law, has been reserved or purchased by the United States for any public use, or upon any Indian reservation, or lands belonging to or occupied by any tribe of Indians under the authority of the United States, or any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 1213. Timber set afire

`(a) OFFENSE- Whoever, knowingly and without authority, sets on fire any timber, underbrush, or grass or other inflammable material upon the public domain or upon any lands owned or leased by or under the partial, concurrent, or exclusive jurisdiction of the United States, or under contract for purchase or for the acquisition of which condemnation proceedings have been instituted, or upon any Indian reservation or lands belonging to or occupied by any tribe or group of Indians under authority of the United States, or upon any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be imprisoned not more than five years.CommentsClose CommentsPermalink





`(b) EXCLUSION- This section does not apply in the case of a fire set by an allottee in the reasonable exercise of his proprietary rights in the allotment.CommentsClose CommentsPermalink

`Sec. 1214. Fires left unattended and unextinguished

`Whoever, having kindled or caused to be kindled, a fire in or near any forest, timber, or other inflammable material upon any lands owned, controlled or leased by, or under the partial, concurrent, or exclusive jurisdiction of the United States, including lands under contract for purchase or for the acquisition of which condemnation proceedings have been instituted, and including any Indian reservation or lands belonging to or occupied by any tribe or group of Indians under the authority of the United States, or any Indian allotment while the title to the same is held in trust by the United States, or while the same shall remain inalienable by the allottee without the consent of the United States, leaves said fire without totally extinguishing the same, or permits or suffers the fire to burn or spread beyond his control, or leaves or suffers the fire to burn unattended, shall be imprisoned not more than six months.CommentsClose CommentsPermalink

`Sec. 1215. Trespass on national forest lands

`Whoever, without authority goes upon any national-forest land while it is closed to the public pursuant to lawful regulation of the Secretary of Agriculture, shall be imprisoned not more than six months.CommentsClose CommentsPermalink

`Sec. 1216. Hazardous or injurious devices on Federal lands

`(a) ELEMENTS OF THE OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) with the intent to violate the Controlled Substances Act,CommentsClose CommentsPermalink





`(2) with the intent to obstruct or harass the harvesting of timber, orCommentsClose CommentsPermalink





`(3) with reckless disregard to the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk,CommentsClose CommentsPermalink





uses a hazardous or injurious device on Federal land, on an Indian reservation, or on an Indian allotment while the title to such allotment is held in trust by the United States or while such allotment remains inalienable by the allottee without the consent of the United States shall be punished under subsection (b).CommentsClose CommentsPermalink





`(b) PUNISHMENT- An individual who violates subsection (a) shall--CommentsClose CommentsPermalink





`(1) if death of an individual results, be imprisoned for any term of years or for life;CommentsClose CommentsPermalink





`(2) if serious bodily injury to any individual results, be imprisoned for not more than 40 years;CommentsClose CommentsPermalink





`(3) if bodily injury to any individual results, be imprisoned for not more than 20 years;CommentsClose CommentsPermalink





`(4) if damage to the property of any individual results or if avoidance costs have been incurred exceeding $10,000, in the aggregate, be imprisoned for not more than 20 years; andCommentsClose CommentsPermalink





`(5) in any other case, be imprisoned for not more than one year.CommentsClose CommentsPermalink





`(c) INCREASED PUNISHMENT- Any individual who is punished under subsection (b)(5) after one or more prior convictions under any such subsection shall be imprisoned for not more than 20 years.CommentsClose CommentsPermalink





`(d) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the term `hazardous or injurious device' means a device, which when assembled or placed, is capable of causing bodily injury, or damage to property, by the action of any person making contact with such device subsequent to the assembly or placement. Such term includes guns attached to trip wires or other triggering mechanisms, ammunition attached to trip wires or other triggering mechanisms, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, lines or wires, lines or wires with hooks attached, nails placed so that the sharpened ends are positioned in an upright manner, or tree spiking devices including spikes, nails, or other objects hammered, driven, fastened, or otherwise placed into or on any timber, whether or not severed from the stump; andCommentsClose CommentsPermalink





`(2) the term `avoidance costs' means costs incurred by any individual for the purpose of--CommentsClose CommentsPermalink





`(A) detecting a hazardous or injurious device; orCommentsClose CommentsPermalink





`(B) preventing death, serious bodily injury, bodily injury, or property damage likely to result from the use of a hazardous or injurious device in violation of subsection (a).CommentsClose CommentsPermalink





`(e) CIVIL ACTION- Any person injured as the result of a violation of subsection (a) may commence a civil action on his own behalf against any person who is alleged to be in violation of subsection (a). The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, in such civil actions. The court may award, in addition to monetary damages for any injury resulting from an alleged violation of subsection (a), costs of litigation, including reasonable attorney and expert witness fees, to any prevailing or substantially prevailing party, whenever the court determines such award is appropriate.CommentsClose CommentsPermalink

`SUBCHAPTER P--RESTRICTED BUILDING OR GROUNDS

`Sec.CommentsClose CommentsPermalink

`1221. Restricted building or grounds.CommentsClose CommentsPermalink

`Sec. 1221. Restricted building or grounds

`(a) PROHIBITIONS- It shall be unlawful for any person or group of persons--CommentsClose CommentsPermalink





`(1) willfully and knowingly to enter or remain in any posted, cordoned off, or otherwise restricted area of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting;CommentsClose CommentsPermalink





`(2) willfully and knowingly to enter or remain in any posted, cordoned off, or otherwise restricted area of a building or grounds so restricted in conjunction with an event designated as a special event of national significance;CommentsClose CommentsPermalink





`(3) willfully, knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, to engage in disorderly or disruptive conduct in, or within such proximity to, any building or grounds described in paragraph (1) or (2) when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions;CommentsClose CommentsPermalink





`(4) willfully and knowingly to obstruct or impede ingress or egress to or from any building, grounds, or area described in paragraph (1) or (2); orCommentsClose CommentsPermalink





`(5) willfully and knowingly to engage in any act of physical violence against any person or property in any building, grounds, or area described in paragraph (1) or (2).CommentsClose CommentsPermalink





`(b) PUNISHMENT- Violation of this section shall be punishable by--CommentsClose CommentsPermalink





`(1) imprisonment for not more than 10 years, if--CommentsClose CommentsPermalink





`(A) the person, during and in relation to the offense, uses or carries a deadly or dangerous weapon or firearm; orCommentsClose CommentsPermalink





`(B) the offense results in significant bodily injury as defined by section 2118(e)(3); andCommentsClose CommentsPermalink





`(2) imprisonment for not more than one year, in any other case.CommentsClose CommentsPermalink





`(c) PLACE OF PROSECUTION- Violation of this section, and attempts or conspiracies to commit such violations, shall be prosecuted by the United States attorney in the Federal district court having jurisdiction of the place where the offense occurred.CommentsClose CommentsPermalink





`(d) EFFECT ON STATE LAW- None of the laws of the United States or of the several States and the District of Columbia are superseded by this section.CommentsClose CommentsPermalink





`(e) DEFINITION- As used in this section, the term `other person protected by the Secret Service' means any person whom the United States Secret Service is authorized to protect under section 3056 of this title when such person has not declined such protection.CommentsClose CommentsPermalink

`CHAPTER 31--INTERNATIONAL LAW CRIMES

`SubchapterCommentsClose CommentsPermalink

--Sec.CommentsClose CommentsPermalink

1251CommentsClose CommentsPermalink

1261CommentsClose CommentsPermalink

1281CommentsClose CommentsPermalink

1291CommentsClose CommentsPermalink

1296CommentsClose CommentsPermalink

`SUBCHAPTER A--PIRACY AND PRIVATEERING

`Sec.CommentsClose CommentsPermalink

`1251. Piracy under law of nations.CommentsClose CommentsPermalink

`Sec. 1251. Piracy under law of nations

`Whoever, on the high seas, commits the crime of piracy as defined by the law of nations, and is afterwards brought into or found in the United States, shall be imprisoned for life.CommentsClose CommentsPermalink

`SUBCHAPTER B--PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS

`Sec.CommentsClose CommentsPermalink

`1261. Peonage.CommentsClose CommentsPermalink





`1262. Sale into involuntary servitude.CommentsClose CommentsPermalink





`1263. Forced labor.CommentsClose CommentsPermalink





`1264. Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor.CommentsClose CommentsPermalink





`1265. Sex trafficking of children or by force, fraud, or coercion.CommentsClose CommentsPermalink





`1266. Unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor.CommentsClose CommentsPermalink





`1267. Civil remedy.CommentsClose CommentsPermalink

`Sec. 1261. Peonage

`Whoever holds or returns any person to a condition of peonage, or arrests any person with the intent of placing him in or returning him to a condition of peonage, shall be imprisoned not more than 20 years. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be imprisoned for any term of years or life.CommentsClose CommentsPermalink

`Sec. 1262. Sale into involuntary servitude

`Whoever knowingly holds to involuntary servitude or sells into any condition of involuntary servitude, any other person for any term, or brings within the United States any person so held, shall be imprisoned not more than 20 years. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be imprisoned for any term of years or life.CommentsClose CommentsPermalink

`Sec. 1263. Forced labor

`Whoever knowingly provides or obtains the labor or services of a person--CommentsClose CommentsPermalink





`(1) by threats of serious harm to, or physical restraint against, that person or another person;CommentsClose CommentsPermalink





`(2) by means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; orCommentsClose CommentsPermalink





`(3) by means of the abuse or threatened abuse of law or the legal process,CommentsClose CommentsPermalink





shall be imprisoned not more than 20 years. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be imprisoned for any term of years or life.CommentsClose CommentsPermalink

`Sec. 1264. Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor

`Whoever knowingly recruits, harbors, transports, provides, or obtains by any means, any person for labor or services in violation of this chapter shall be imprisoned not more than 20 years. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse, or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be imprisoned for any term of years or life.CommentsClose CommentsPermalink

`Sec. 1265. Sex trafficking of children or by force, fraud, or coercion

`(a) ELEMENTS OF THE OFFENSE- Whoever knowingly--CommentsClose CommentsPermalink





`(1) in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, recruits, entices, harbors, transports, provides, or obtains by any means a person; orCommentsClose CommentsPermalink





`(2) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraph (1),CommentsClose CommentsPermalink





knowing that force, fraud, or coercion described in subsection (c)(2) will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act, shall be punished as provided in subsection (b).CommentsClose CommentsPermalink





`(b) PUNISHMENT- The punishment for an offense under subsection (a) is--CommentsClose CommentsPermalink





`(1) if the offense was effected by force, fraud, or coercion or if the person recruited, enticed, harbored, transported, provided, or obtained had not attained the age of 14 years at the time of such offense, by a fine under this title or imprisonment for any term of years or for life, or both; orCommentsClose CommentsPermalink





`(2) if the offense was not so effected, and the person recruited, enticed, harbored, transported, provided, or obtained had attained the age of 14 years but had not attained the age of 18 years at the time of such offense, by a fine under this title or imprisonment for not more than 40 years, or both.CommentsClose CommentsPermalink





`(c) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the term `commercial sex act' means any sex act, on account of which anything of value is given to or received by any person;CommentsClose CommentsPermalink





`(2) the term `coercion' means--CommentsClose CommentsPermalink





`(A) threats of serious harm to or physical restraint against any person;CommentsClose CommentsPermalink





`(B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; orCommentsClose CommentsPermalink





`(C) the abuse or threatened abuse of law or the legal process; andCommentsClose CommentsPermalink





`(3) the term `venture' means any group of two or more individuals associated in fact, whether or not a legal entity.CommentsClose CommentsPermalink

`Sec. 1266. Unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor

`(a) OFFENSE- Whoever knowingly destroys, conceals, removes, confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person--CommentsClose CommentsPermalink





`(1) in the course of a violation of section 1261, 1262, 1263, 1264, or 1265;CommentsClose CommentsPermalink





`(2) with intent to violate section 1261, 1262, 1263, 1264, or 1265; orCommentsClose CommentsPermalink





`(3) to prevent or restrict or to attempt to prevent or restrict, without lawful authority, the person's liberty to move or travel, in order to maintain the labor or services of that person, when the person is or has been a victim of a severe form of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000,CommentsClose CommentsPermalink





shall be imprisoned for not more than 5 years.CommentsClose CommentsPermalink





`(b) EXCLUSION- Subsection (a) does not apply to the conduct of a person who is or has been a victim of a severe form of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000, if that conduct is caused by, or incident to, that trafficking.CommentsClose CommentsPermalink

`Sec. 1267. Civil remedy

`(a) CIVIL ACTION- An individual who is a victim of a violation of section 1263, 1264, or 1265 may bring a civil action against the perpetrator in an appropriate district court of the United States and may recover damages and reasonable attorneys fees.CommentsClose CommentsPermalink





`(b) STAY- (1) Any civil action filed under this section shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim.CommentsClose CommentsPermalink





`(2) In this subsection, a `criminal action' includes investigation and prosecution and is pending until final adjudication in the trial court.CommentsClose CommentsPermalink

`SUBCHAPTER C--GENOCIDE

`Sec.CommentsClose CommentsPermalink

`1281. Genocide.CommentsClose CommentsPermalink





`1282. Definitions.CommentsClose CommentsPermalink

`Sec. 1281. Genocide

`(a) Basic Offense- Whoever, whether in time of peace or in time of war, in a circumstance described in subsection (d) and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such--CommentsClose CommentsPermalink





`(1) kills members of that group;CommentsClose CommentsPermalink





`(2) causes serious bodily injury to members of that group;CommentsClose CommentsPermalink





`(3) causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;CommentsClose CommentsPermalink





`(4) subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part;CommentsClose CommentsPermalink





`(5) imposes measures intended to prevent births within the group; orCommentsClose CommentsPermalink





`(6) transfers by force children of the group to another group;CommentsClose CommentsPermalink





or attempts to do so, shall be punished as provided in subsection (b).CommentsClose CommentsPermalink





`(b) Punishment for Basic Offense- The punishment for an offense under subsection (a) is--CommentsClose CommentsPermalink





`(1) in the case of an offense under subsection (a)(1), where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both; andCommentsClose CommentsPermalink





`(2) a fine of not more than $1,000,000 or imprisonment for not more than twenty years, or both, in any other case.CommentsClose CommentsPermalink





`(c) Incitement Offense- Whoever in a circumstance described in subsection (d) directly and publicly incites another to violate subsection (a) shall be imprisoned not more than five years.CommentsClose CommentsPermalink





`(d) Required Circumstance for Offenses- The circumstance referred to in subsections (a) and (c) is that--CommentsClose CommentsPermalink





`(1) the offense is committed within the United States; orCommentsClose CommentsPermalink





`(2) the alleged offender is a national of the United States (as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).CommentsClose CommentsPermalink





`(e) Nonapplicability of Certain Limitations- Notwithstanding section 3282 of this title, in the case of an offense under subsection (a)(1), an indictment may be found, or information instituted, at any time without limitation.CommentsClose CommentsPermalink

`Sec. 1282. Definitions

`As used in this subchapter--CommentsClose CommentsPermalink





`(1) the term `children' means the plural and means individuals who have not attained the age of eighteen years;CommentsClose CommentsPermalink





`(2) the term `ethnic group' means a set of individuals whose identity as such is distinctive in terms of common cultural traditions or heritage;CommentsClose CommentsPermalink





`(3) the term `incites' means urges another to engage imminently in conduct in circumstances under which there is a substantial likelihood of imminently causing such conduct;CommentsClose CommentsPermalink





`(4) the term `members' means the plural;CommentsClose CommentsPermalink





`(5) the term `national group' means a set of individuals whose identity as such is distinctive in terms of nationality or national origins;CommentsClose CommentsPermalink





`(6) the term `racial group' means a set of individuals whose identity as such is distinctive in terms of physical characteristics or biological descent;CommentsClose CommentsPermalink





`(7) the term `religious group' means a set of individuals whose identity as such is distinctive in terms of common religious creed, beliefs, doctrines, practices, or rituals; andCommentsClose CommentsPermalink





`(8) the term `substantial part' means a part of a group of such numerical significance that the destruction or loss of that part would cause the destruction of the group as a viable entity within the nation of which such group is a part.CommentsClose CommentsPermalink

`SUBCHAPTER D--TORTURE

`Sec.CommentsClose CommentsPermalink

`1291. Torture.CommentsClose CommentsPermalink





`1292. Definitions.CommentsClose CommentsPermalink

`Sec. 1291. Torture

`(a) Offense- Whoever outside the United States commits or attempts to commit torture shall be imprisoned not more than 20 years and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.CommentsClose CommentsPermalink





`(b) Jurisdiction- There is jurisdiction over the activity prohibited in subsection (a) if--CommentsClose CommentsPermalink





`(1) the alleged offender is a national of the United States; orCommentsClose CommentsPermalink





`(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.CommentsClose CommentsPermalink





`(c) Conspiracy- A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.CommentsClose CommentsPermalink

`Sec. 1292. Definitions

`As used in this subchapter--CommentsClose CommentsPermalink





`(1) the term `torture' means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control; andCommentsClose CommentsPermalink





`(2) the term `severe mental pain or suffering' means the prolonged mental harm caused by or resulting from--CommentsClose CommentsPermalink





`(A) the intentional infliction or threatened infliction of severe physical pain or suffering;CommentsClose CommentsPermalink





`(B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;CommentsClose CommentsPermalink





`(C) the threat of imminent death; orCommentsClose CommentsPermalink





`(D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality.CommentsClose CommentsPermalink

`SUBCHAPTER E--WAR CRIMES

`Sec.CommentsClose CommentsPermalink

`1296. War crimes.CommentsClose CommentsPermalink

`Sec. 1296. War crimes

`(a) Offense- Whoever, whether inside or outside the United States, commits a war crime, in any of the circumstances described in subsection (b), shall be imprisoned for life or any term of years and if death results to the victim, shall also be subject to the penalty of death.CommentsClose CommentsPermalink





`(b) Circumstances- The circumstances referred to in subsection (a) are that the person committing such war crime or the victim of such war crime is a member of the Armed Forces of the United States or a national of the United States (as defined in section 101 of the Immigration and Nationality Act).CommentsClose CommentsPermalink





`(c) Definition- As used in this section the term `war crime' means any conduct--CommentsClose CommentsPermalink





`(1) defined as a grave breach in any of the international conventions signed at Geneva 12 August 1949, or any protocol to such convention to which the United States is a party;CommentsClose CommentsPermalink





`(2) prohibited by Article 23, 25, 27, or 28 of the Annex to the Hague Convention IV, Respecting the Laws and Customs of War on Land, signed 18 October 1907;CommentsClose CommentsPermalink





`(3) which constitutes a grave breach of common Article 3 (as defined in subsection (d)) when committed in the context of and in association with an armed conflict not of an international character; orCommentsClose CommentsPermalink





`(4) of a person who, in relation to an armed conflict and contrary to the provisions of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended at Geneva on 3 May 1996 (Protocol II as amended on 3 May 1996), when the United States is a party to such Protocol, willfully kills or causes serious injury to civilians.CommentsClose CommentsPermalink





`(d) Common Article 3 Violations-CommentsClose CommentsPermalink





`(1) PROHIBITED CONDUCT- In subsection (c)(3), the term `grave breach of common Article 3' means any conduct (such conduct constituting a grave breach of common Article 3 of the international conventions done at Geneva August 12, 1949), as follows:CommentsClose CommentsPermalink





`(A) TORTURE- The act of a person who commits, or conspires or attempts to commit, an act specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control for the purpose of obtaining information or a confession, punishment, intimidation, coercion, or any reason based on discrimination of any kind.CommentsClose CommentsPermalink





`(B) CRUEL OR INHUMAN TREATMENT- The act of a person who commits, or conspires or attempts to commit, an act intended to inflict severe or serious physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions), including serious physical abuse, upon another within his custody or control.CommentsClose CommentsPermalink





`(C) PERFORMING BIOLOGICAL EXPERIMENTS- The act of a person who subjects, or conspires or attempts to subject, one or more persons within his custody or physical control to biological experiments without a legitimate medical or dental purpose and in so doing endangers the body or health of such person or persons.CommentsClose CommentsPermalink





`(D) MURDER- The act of a person who intentionally kills, or conspires or attempts to kill, or kills whether intentionally or unintentionally in the course of committing any other offense under this subsection, one or more persons taking no active part in the hostilities, including those placed out of combat by sickness, wounds, detention, or any other cause.CommentsClose CommentsPermalink





`(E) MUTILATION OR MAIMING- The act of a person who intentionally injures, or conspires or attempts to injure, or injures whether intentionally or unintentionally in the course of committing any other offense under this subsection, one or more persons taking no active part in the hostilities, including those placed out of combat by sickness, wounds, detention, or any other cause, by disfiguring the person or persons by any mutilation thereof or by permanently disabling any member, limb, or organ of his body, without any legitimate medical or dental purpose.CommentsClose CommentsPermalink





`(F) INTENTIONALLY CAUSING SERIOUS BODILY INJURY- The act of a person who intentionally causes, or conspires or attempts to cause, serious bodily injury to one or more persons, including lawful combatants, in violation of the law of war.CommentsClose CommentsPermalink





`(G) RAPE- The act of a person who forcibly or with coercion or threat of force wrongfully invades, or conspires or attempts to invade, the body of a person by penetrating, however slightly, the anal or genital opening of the victim with any part of the body of the accused, or with any foreign object.CommentsClose CommentsPermalink





`(H) SEXUAL ASSAULT OR ABUSE- The act of a person who forcibly or with coercion or threat of force engages, or conspires or attempts to engage, in sexual contact with one or more persons, or causes, or conspires or attempts to cause, one or more persons to engage in sexual contact.CommentsClose CommentsPermalink





`(I) TAKING HOSTAGES- The act of a person who, having knowingly seized or detained one or more persons, threatens to kill, injure, or continue to detain such person or persons with the intent of compelling any nation, person other than the hostage, or group of persons to act or refrain from acting as an explicit or implicit condition for the safety or release of such person or persons.CommentsClose CommentsPermalink





`(2) DEFINITIONS- In the case of an offense under subsection (a) by reason of subsection (c)(3)--CommentsClose CommentsPermalink





`(A) the term `severe mental pain or suffering' shall be applied for purposes of paragraphs (1)(A) and (1)(B) in accordance with the meaning given that term in section 2340(2) of this title;CommentsClose CommentsPermalink





`(B) the term `serious bodily injury' shall be applied for purposes of paragraph (1)(F) in accordance with the meaning given that term in section 113(b)(2) of this title;CommentsClose CommentsPermalink





`(C) the term `sexual contact' shall be applied for purposes of paragraph (1)(G) in accordance with the meaning given that term in section 2246(3) of this title;CommentsClose CommentsPermalink





`(D) the term `serious physical pain or suffering' shall be applied for purposes of paragraph (1)(B) as meaning bodily injury that involves--CommentsClose CommentsPermalink





`(i) a substantial risk of death;CommentsClose CommentsPermalink





`(ii) extreme physical pain;CommentsClose CommentsPermalink





`(iii) a burn or physical disfigurement of a serious nature (other than cuts, abrasions, or bruises); orCommentsClose CommentsPermalink





`(iv) significant loss or impairment of the function of a bodily member, organ, or mental faculty; andCommentsClose CommentsPermalink





`(E) the term `serious mental pain or suffering' shall be applied for purposes of paragraph (1)(B) in accordance with the meaning given the term `severe mental pain or suffering' (as defined in section 2340(2) of this title), except that--CommentsClose CommentsPermalink





`(i) the term `serious' shall replace the term `severe' where it appears; andCommentsClose CommentsPermalink





`(ii) as to conduct occurring after the date of the enactment of the Military Commissions Act of 2006, the term `serious and non-transitory mental harm (which need not be prolonged)' shall replace the term `prolonged mental harm' where it appears.CommentsClose CommentsPermalink





`(3) INAPPLICABILITY OF CERTAIN PROVISIONS WITH RESPECT TO COLLATERAL DAMAGE OR INCIDENT OF LAWFUL ATTACK- The intent specified for the conduct stated in subparagraphs (D), (E), and (F) or paragraph (1) precludes the applicability of those subparagraphs to an offense under subsection (a) by reasons of subsection (c)(3) with respect to--CommentsClose CommentsPermalink





`(A) collateral damage; orCommentsClose CommentsPermalink





`(B) death, damage, or injury incident to a lawful attack.CommentsClose CommentsPermalink





`(4) INAPPLICABILITY OF TAKING HOSTAGES TO PRISONER EXCHANGE- Paragraph (1)(I) does not apply to an offense under subsection (a) by reason of subsection (c)(3) in the case of a prisoner exchange during wartime.CommentsClose CommentsPermalink





`(5) DEFINITION OF GRAVE BREACHES- The definitions in this subsection are intended only to define the grave breaches of common Article 3 and not the full scope of United States obligations under that Article.CommentsClose CommentsPermalink

`CHAPTER 33--TRANSPORTATION RELATED CRIMES

`SubchapterCommentsClose CommentsPermalink

--Sec.CommentsClose CommentsPermalink

1301CommentsClose CommentsPermalink

1331CommentsClose CommentsPermalink

1341CommentsClose CommentsPermalink

1351CommentsClose CommentsPermalink

`SUBCHAPTER A--AIRCRAFT AND MOTOR VEHICLES

`Sec.CommentsClose CommentsPermalink

`1301. Destruction of aircraft or aircraft facilities.CommentsClose CommentsPermalink





`1302. Destruction of motor vehicles or motor vehicle facilities.CommentsClose CommentsPermalink





`1303. Penalty when death results.CommentsClose CommentsPermalink





`1304. Imparting or conveying false information.CommentsClose CommentsPermalink





`1305. Violence at international airports.CommentsClose CommentsPermalink





`1306. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce.CommentsClose CommentsPermalink





`1307. Aircraft piracy.CommentsClose CommentsPermalink





`1308. Interference with flight crew members and attendants.CommentsClose CommentsPermalink





`1309. Carrying a weapon or explosive on an aircraft.CommentsClose CommentsPermalink





`1310. Application of certain criminal laws to acts on aircraft.CommentsClose CommentsPermalink





`1311. Definitions.CommentsClose CommentsPermalink

`Sec. 1301. Destruction of aircraft or aircraft facilities

`(a) IN GENERAL- Whoever knowingly without authority--CommentsClose CommentsPermalink





`(1) sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce;CommentsClose CommentsPermalink





`(2) places or causes to be placed a destructive device or substance in, upon, or in proximity to, or otherwise makes or causes to be made unworkable or unusable or hazardous to work or use, any such aircraft, or any part or other materials used or intended to be used in connection with the operation of such aircraft, if such placing or causing to be placed or such making or causing to be made is likely to endanger the safety of any such aircraft;CommentsClose CommentsPermalink





`(3) sets fire to, damages, destroys, or disables any air navigation facility, or interferes by force or violence with the operation of such facility, if such fire, damaging, destroying, disabling, or interfering is likely to endanger the safety of any such aircraft in flight;CommentsClose CommentsPermalink





`(4) with the intent to damage, destroy, or disable any such aircraft, sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or in proximity to, any appliance or structure, ramp, landing area, property, machine, or apparatus, or any facility or other material used, or intended to be used, in connection with the operation, maintenance, loading, unloading or storage of any such aircraft or any cargo carried or intended to be carried on any such aircraft;CommentsClose CommentsPermalink





`(5) interferes with or disables, with intent to endanger the safety of any person or with a reckless disregard for the safety of human life, anyone engaged in the authorized operation of such aircraft or any air navigation facility aiding in the navigation of any such aircraft;CommentsClose CommentsPermalink





`(6) performs an act of violence against or incapacitates any individual on any such aircraft, if such act of violence or incapacitation is likely to endanger the safety of such aircraft; orCommentsClose CommentsPermalink





`(7) communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safety of any such aircraft in flight,CommentsClose CommentsPermalink





shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink





`(b) OTHER CIVIL AIRCRAFT- Whoever knowingly--CommentsClose CommentsPermalink





`(1) performs an act of violence against any individual on board any civil aircraft registered in a country other than the United States while such aircraft is in flight, if such act is likely to endanger the safety of that aircraft;CommentsClose CommentsPermalink





`(2) destroys a civil aircraft registered in a country other than the United States while such aircraft is in service or causes damage to such an aircraft which renders that aircraft incapable of flight or which is likely to endanger that aircraft's safety in flight; orCommentsClose CommentsPermalink





`(3) places or causes to be placed on a civil aircraft registered in a country other than the United States while such aircraft is in service, a device or substance which is likely to destroy that aircraft, or to cause damage to that aircraft which renders that aircraft incapable of flight or which is likely to endanger that aircraft's safety in flight.CommentsClose CommentsPermalink





shall be imprisoned not more than 20 years. There is also extraterritorial jurisdiction over an offense under this subsection if a national of the United States was on board, or would have been on board, the aircraft; an offender is a national of the United States; or an offender is afterwards found in the United States.CommentsClose CommentsPermalink





`(c) THREATS- Whoever knowingly imparts or conveys any threat to do an act which would violate any of paragraphs (1) through (5) of subsection (a) or any of paragraphs (1) through (3) of subsection (b) of this section, with an apparent determination and will to carry the threat into execution shall be imprisoned not more than five years.CommentsClose CommentsPermalink

`Sec. 1302. Destruction of motor vehicles or motor vehicle facilities

`(a) OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) knowingly, with intent to endanger the safety of any person on board or anyone who he believes will board the same, or with a reckless disregard for the safety of human life, damages, disables, destroys, tampers with, or places or causes to be placed any explosive or other destructive substance in, upon, or in proximity to, any motor vehicle which is used, operated, or employed in interstate or foreign commerce, or its cargo or material used or intended to be used in connection with its operation;CommentsClose CommentsPermalink





`(2) knowingly, with like intent, damages, disables, destroys;CommentsClose CommentsPermalink





`(3) sets fire to, tampers with, or places or causes to be placed any explosive or other destructive substance in, upon, or in proximity to any garage, terminal, structure, supply, or facility used in the operation of, or in support of the operation of, motor vehicles engaged in interstate or foreign commerce or otherwise makes or causes such property to be made unworkable, unusable, or hazardous to work or use; orCommentsClose CommentsPermalink





`(4) with like intent, knowingly disables or incapacitates any driver or person employed in connection with the operation or maintenance of the motor vehicle, or in any way lessens the ability of such person to perform his duties as such.CommentsClose CommentsPermalink





shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink





`(b) INCREASED PENALTY- Whoever is convicted of a violation of subsection (a) involving a motor vehicle that, at the time the violation occurred, carried high-level radioactive waste (as that term is defined in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12))) or spent nuclear fuel (as that term is defined in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23))), shall be imprisoned for any term of years not less than 30, or for life.CommentsClose CommentsPermalink

`Sec. 1303. Penalty when death results

`Whoever is convicted of any crime prohibited by this subchapter, which has resulted in the death of any person, shall be subject also to the death penalty or to imprisonment for life.CommentsClose CommentsPermalink

`Sec. 1304. Imparting or conveying false information

`(a) CIVIL PENALTY- Whoever imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this subchapter or subchapter B or D of this chapter shall be subject to a civil penalty of not more than $1,000 which shall be recoverable in a civil action brought in the name of the United States.CommentsClose CommentsPermalink





`(b) CRIMINAL OFFENSE- Whoever knowingly, or with reckless disregard for the safety of human life, imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this subchapter or subchapter B or D of this chapter shall be imprisoned not more than five years.CommentsClose CommentsPermalink

`Sec. 1305. Violence at international airports

`(a) Offense- Whoever unlawfully and knowingly, using any device, substance, or weapon--CommentsClose CommentsPermalink





`(1) performs an act of violence against a person at an airport serving international civil aviation that causes or is likely to cause serious bodily injury or death; orCommentsClose CommentsPermalink





`(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,CommentsClose CommentsPermalink





shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink





`(b) Jurisdiction- There is jurisdiction over the prohibited activity in subsection (a) if--CommentsClose CommentsPermalink





`(1) the prohibited activity takes place in the United States; orCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(d) DEFINITION- As used in this section, the term `labor dispute' has the meaning set forth in section 13(c) of the Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)).CommentsClose CommentsPermalink

`Sec. 1306. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce

`(a) Offenses- Whoever, in or affecting interstate or foreign commerce, knowingly and with the intent to defraud--CommentsClose CommentsPermalink





`(1)(A) falsifies or conceals a material fact concerning any aircraft or space vehicle part;CommentsClose CommentsPermalink





`(B) makes any materially fraudulent representation concerning any aircraft or space vehicle part; orCommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





shall be punished as provided in subsection (b).CommentsClose CommentsPermalink





`(b) Penalties- The punishment for an offense under subsection (a) is as follows:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) Failure to operate as represented- If, by reason of the failure of the part to operate as represented, the part to which the offense is related is the proximate cause of a malfunction or failure that results in serious bodily injury, a fine of not more than $1,000,000, imprisonment for not more than 20 years, or both.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(5) Organizations- If the offense is committed by an organization, a fine of not more than--CommentsClose CommentsPermalink





`(A) $10,000,000 in the case of an offense described in paragraph (1) or (4); andCommentsClose CommentsPermalink





`(B) $20,000,000 in the case of an offense described in paragraph (2) or (3).CommentsClose CommentsPermalink





`(c) Civil Remedies-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(e) Territorial Scope- This section also applies to conduct occurring outside the United States if--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(3) an act in furtherance of the offense was committed in the United States.CommentsClose CommentsPermalink

`Sec. 1307. Aircraft piracy

`(a) In Special Aircraft Jurisdiction- (1) For the purposes of this subsection--CommentsClose CommentsPermalink





`(A) the term `aircraft piracy' means seizing or exercising control of an aircraft in the special aircraft jurisdiction of the United States by force, violence, threat of force or violence, or any form of intimidation, and with wrongful intent; andCommentsClose CommentsPermalink





`(B) an attempt to commit aircraft piracy is in the special aircraft jurisdiction of the United States although the aircraft is not in flight at the time of the attempt if the aircraft would have been in the special aircraft jurisdiction of the United States had the aircraft piracy been completed.CommentsClose CommentsPermalink





`(2) Whoever commits aircraft piracy shall be imprisoned for not less than 20 years.CommentsClose CommentsPermalink





`(b) Outside Special Aircraft Jurisdiction- (1) Whoever commits an offense (as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft) on an aircraft in flight outside the special aircraft jurisdiction of the United States shall be imprisoned for at least 20 years.CommentsClose CommentsPermalink





`(2) There is extrateritorial jurisdiction over the offense in paragraph (1) if--CommentsClose CommentsPermalink





`(A) a national of the United States was aboard the aircraft;CommentsClose CommentsPermalink





`(B) an offender is a national of the United States; orCommentsClose CommentsPermalink





`(C) an offender is afterwards found in the United States.CommentsClose CommentsPermalink

`Sec. 1308. Interference with flight crew members and attendants

`An individual on an aircraft in the special aircraft jurisdiction of the United States who, by assaulting or intimidating a flight crew member or flight attendant of the aircraft, interferes with the performance of the duties of the member or attendant or lessens the ability of the member or attendant to perform those duties, shall be imprisoned for not more than 20 years. However, if a dangerous weapon is used in assaulting or intimidating the member or attendant, the individual shall be imprisoned for any term of years or for life.CommentsClose CommentsPermalink

`Sec. 1309. Carrying a weapon or explosive on an aircraft

`(a) Definition- In this section, `loaded firearm' means a starter gun or a weapon designed or converted to expel a projectile through an explosive, that has a cartridge, a detonator, or powder in the chamber, magazine, cylinder, or clip.CommentsClose CommentsPermalink





`(b) General Criminal Penalty- An individual shall be imprisoned for not more than 10 years if the individual--CommentsClose CommentsPermalink





`(1) when on, or attempting to get on, an aircraft in, or intended for operation in, air transportation or intrastate air transportation, has on or about the individual or the property of the individual a concealed dangerous weapon that is or would be accessible to the individual in flight;CommentsClose CommentsPermalink





`(2) has placed, attempted to place, or attempted to have placed a loaded firearm on that aircraft in property not accessible to passengers in flight; orCommentsClose CommentsPermalink





`(3) has on or about the individual, or has placed, attempted to place, or attempted to have placed on that aircraft, an explosive or incendiary device.CommentsClose CommentsPermalink





`(c) Criminal Penalty Involving Disregard for Human Life- An individual who willfully and without regard for the safety of human life, or with reckless disregard for the safety of human life, violates subsection (b) of this section, shall be imprisoned for not more than 20 years, and, if death results to any person, shall be imprisoned for any term of years or for life.CommentsClose CommentsPermalink





`(d) Nonapplication- Subsection (b)(1) of this section does not apply to--CommentsClose CommentsPermalink





`(1) a law enforcement officer of a State or political subdivision of a State, or an officer or employee of the United States Government, authorized to carry arms in an official capacity;CommentsClose CommentsPermalink





`(2) another individual the Administrator of the Federal Aviation Administration or the Under Secretary of Transportation for Security by regulation authorizes to carry a dangerous weapon in air transportation or intrastate air transportation; orCommentsClose CommentsPermalink





`(3) an individual transporting a weapon (except a loaded firearm) in baggage not accessible to a passenger in flight if the air carrier was informed of the presence of the weapon.CommentsClose CommentsPermalink

`Sec. 1310. Application of certain criminal laws to acts on aircraft

`An individual on an aircraft in the special aircraft jurisdiction of the United States who commits an act that--CommentsClose CommentsPermalink





`(1) if committed in the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18) would violate section 102, 111, 141, 650, 651, or subchapter A of chapter 13, shall be imprisoned under that section or chapter; orCommentsClose CommentsPermalink





`(2) if committed in the District of Columbia would violate section 9 of the Act of July 29, 1892 (D.C. Code Sec. 22-1112), shall be imprisoned under section 9 of the Act.CommentsClose CommentsPermalink

`Sec. 1311. Definitions

`(a) Definitions- As used in sections 1301 through 1307, the following definitions apply:CommentsClose CommentsPermalink





`(1) Aircraft- The term `aircraft' means a civil, military, or public contrivance invented, used, or designed to navigate, fly, or travel in the air.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(4) In flight- The term `in flight' means--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(5) In service- The term `in service' means--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(B) in any event includes the entire period during which the aircraft is in flight.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(8) Space vehicle- The term `space vehicle' means a man-made device, either manned or unmanned, designed for operation beyond the Earth's atmosphere.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(b) Terms Defined in Other Law- In this subchapter, the terms `aircraft engine', `air navigation facility', `appliance', `civil aircraft', `foreign air commerce', `interstate air commerce', `landing area', `overseas air commerce', `propeller', `spare part', and `special aircraft jurisdiction of the United States' have the meanings given those terms in sections 40102(a) and 46501 of title 49.CommentsClose CommentsPermalink

`SUBCHAPTER B--RAILROADS

`Sec.CommentsClose CommentsPermalink

`1331. Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air.CommentsClose CommentsPermalink

`Sec. 1331. Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air

`(a) General Prohibitions- Whoever, as made applicable by subsection (c), knowingly and without lawful authority--CommentsClose CommentsPermalink





`(1) wrecks, derails, sets fire to, or disables railroad on-track equipment or a mass transportation vehicle;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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);CommentsClose CommentsPermalink





`(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);CommentsClose CommentsPermalink





`(9) conveys false information, knowing the information to be false, concerning an attempt or alleged attempt to engage in a violation of this subsection; orCommentsClose CommentsPermalink





`(10) threatens to engage in any violation of any of paragraphs (1) through (9);CommentsClose CommentsPermalink





shall be imprisoned not more than 20 years, and if the offense results in the death of any person, shall be imprisoned for any term of years or for life, or be subject to the penalty of death, except in the case of a violation of paragraph (8), (9), or (10).CommentsClose CommentsPermalink





`(b) Aggravated Offense- Whoever commits an offense under subsection (a) of this section in a circumstance in which--CommentsClose CommentsPermalink





`(1) the railroad on-track equipment or mass transportation vehicle was carrying a passenger or employee at the time of the offense;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) was required to be placarded under subpart F of part 172 of title 49, Code of Federal Regulations; andCommentsClose CommentsPermalink





`(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,CommentsClose CommentsPermalink





shall be imprisoned for any term of years or life, and if the offense resulted in the death of any person, the person may be sentenced to death.CommentsClose CommentsPermalink





`(c) Applicability- Subsection (a) applies if any of the following are true:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(d) Definitions- As used in this section--CommentsClose CommentsPermalink





`(1) the term `biological agent' has the meaning given to that term in section 178(1);CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(3) the term `destructive device' has the meaning given to that term in section 921(a)(4);CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(5) the term `hazardous material' has the meaning given to that term in chapter 51 of title 49;CommentsClose CommentsPermalink





`(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));CommentsClose CommentsPermalink





`(7) the term `mass transportation' has the meaning given to that term in section 5302(a)(7) of title 49, except that the term includes school bus, charter, and sightseeing transportation and passenger vessel as that term is defined in section 2101(22) of title 46, United States Code;CommentsClose CommentsPermalink





`(8) the term `on-track equipment' means a carriage or other contrivance that runs on rails or electromagnetic guideways;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(10) the term `railroad' has the meaning given to that term in chapter 201 of title 49;CommentsClose CommentsPermalink





`(11) the term `railroad carrier' has the meaning given to that term in chapter 201 of title 49;CommentsClose CommentsPermalink





`(12) the term `serious bodily injury' has the meaning given to that term in section 1365;CommentsClose CommentsPermalink





`(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));CommentsClose CommentsPermalink





`(14) the term `toxin' has the meaning given to that term in section 178(2); andCommentsClose CommentsPermalink





`(15) the term `vehicle' means any carriage or other contrivance used, or capable of being used, as a means of transportation on land, on water, or through the air.CommentsClose CommentsPermalink

`SUBCHAPTER C--SEAMEN AND STOWAWAYS

`Sec.CommentsClose CommentsPermalink

`1341. Drunkenness or neglect of duty by seamen.CommentsClose CommentsPermalink





`1342. Misuse of Federal certificate, license, or document.CommentsClose CommentsPermalink





`1343. Stowaways on vessels or aircraft.CommentsClose CommentsPermalink

`Sec. 1341. Drunkenness or neglect of duty by seamen

`Whoever, being a master, officer, radio operator, seaman, apprentice or other person employed on any merchant vessel, by willful breach of duty, or by reason of drunkenness, does any act tending to the immediate loss or destruction of, or serious damage to, such vessel, or tending immediately to endanger the life or limb of any person belonging to or on board of such vessel; or, by knowing breach of duty or by neglect of duty or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such vessel from immediate loss, destruction, or serious damage, or for preserving any person belonging to or on board of such ship from immediate danger to life or limb, shall be imprisoned not more than one year.CommentsClose CommentsPermalink

`Sec. 1342. Misuse of Federal certificate, license, or document

`Whoever--CommentsClose CommentsPermalink





`(1) not being lawfully entitled thereto, uses, exhibits, or attempts to use or exhibit, or, with intent unlawfully to use the same, receives or possesses any certificate, license, or document issued to vessels, or officers or seamen by any officer or employee of the United States authorized by law to issue the same;CommentsClose CommentsPermalink





`(2) without authority, alters or attempts to alter any such certificate, license, or document by addition, interpolation, deletion, or erasure;CommentsClose CommentsPermalink





`(3) forges, counterfeits, or steals, or attempts to forge, counterfeit, or steal, any such certificate, license, or document; or unlawfully possesses or knowingly uses any such altered, changed, forged, counterfeit, or stolen certificate, license, or document;CommentsClose CommentsPermalink





`(4) without authority, prints or manufactures any blank form of such certificate, license, or document, or Whoever possesses without lawful excuse, and with intent unlawfully to use the same, any blank form of such certificate, license, or document; orCommentsClose CommentsPermalink





`(5) in any manner, transfers or negotiates such transfer of, any blank form of such certificate, license, or document, or any such altered, forged, counterfeit, or stolen certificate, license, or document, or any such certificate, license, or document to which the party transferring or receiving the same is not lawfully entitled;CommentsClose CommentsPermalink





shall be imprisoned not more than five years.CommentsClose CommentsPermalink

`Sec. 1343. Stowaways on vessels or aircraft

`(a) OFFENSE- Whoever--CommentsClose CommentsPermalink





`(1) without the consent of the owner, charterer, master, or person in command of any vessel, or aircraft, with intent to obtain transportation, boards, enters or secretes himself aboard such vessel or aircraft and is thereon at the time of departure of said vessel or aircraft from a port, harbor, wharf, airport or other place within the jurisdiction of the United States;CommentsClose CommentsPermalink





`(2) with like intent, having boarded, entered or secreted himself aboard a vessel or aircraft at any place within or without the jurisdiction of the United States, remains aboard after the vessel or aircraft has left such place and is thereon at any place within the jurisdiction of the United States; orCommentsClose CommentsPermalink





`(3) with intent to obtain a ride or transportation, boards or enters any aircraft owned or operated by the United States without the consent of the person in command or other duly authorized officer or agent;CommentsClose CommentsPermalink





shall be punished as provided in subsection (b).CommentsClose CommentsPermalink





`(b) PUNISHMENT- The punishment for an offense under subsection (a) is imprisonment for not more than 5 years, but--CommentsClose CommentsPermalink





`(1) if the person commits an offense under this section, with the intent to commit serious bodily injury, and serious bodily injury occurs to any person other than a participant as a result of the offense shall be imprisoned not more than 20 years; andCommentsClose CommentsPermalink





`(2) if an individual commits an offense under this section, with the intent to cause death, and if the death of any person other than a participant occurs as a result of the offense shall be imprisoned for any number of years or for life.CommentsClose CommentsPermalink





`(c) DEFINITION- As used in this section the term `aircraft' includes any contrivance for navigation or flight in the air.CommentsClose CommentsPermalink

`SUBCHAPTER D--SHIPPING

`Sec.CommentsClose CommentsPermalink

`1345. Violence against maritime navigation.CommentsClose CommentsPermalink





`1346. Devices or dangerous substances in waters of the United States likely to destroy or damage ships or to interfere with maritime commerce.CommentsClose CommentsPermalink





`1347. Violence against aids to maritime navigation.CommentsClose CommentsPermalink





`1348. Transportation of explosive, biological, chemical, or radioactive or nuclear materials.CommentsClose CommentsPermalink





`1349. Transportation of terrorists.CommentsClose CommentsPermalink

`Sec. 1345. Violence against maritime navigation

`(a) Offenses-CommentsClose CommentsPermalink





`(1) In general- A person who unlawfully and intentionally--CommentsClose CommentsPermalink





`(A) seizes or exercises control over a ship by force or threat thereof or any other form of intimidation;CommentsClose CommentsPermalink





`(B) performs an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship;CommentsClose CommentsPermalink





`(C) destroys a ship or causes damage to a ship or to its cargo which is likely to endanger the safe navigation of that ship;CommentsClose CommentsPermalink





`(D) places or causes to be placed on a ship, by any means whatsoever, a device or substance which is likely to destroy that ship, or cause damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that ship;CommentsClose CommentsPermalink





`(E) destroys or seriously damages maritime navigational facilities or seriously interferes with their operation, if such act is likely to endanger the safe navigation of a ship;CommentsClose CommentsPermalink





`(F) communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safe navigation of a ship;CommentsClose CommentsPermalink





`(G) injures or kills any person in connection with the commission or the attempted commission of any of the offenses set forth in subparagraphs (A) through (F); orCommentsClose CommentsPermalink





`(H) attempts or conspires to do any act prohibited under subparagraphs (A) through (G),CommentsClose CommentsPermalink





shall be imprisoned not more than 20 years; and if the death of any person results from conduct prohibited by this paragraph, shall be punished by death or imprisoned for any term of years or for life.CommentsClose CommentsPermalink





`(2) Threat to navigation- A person who threatens to do any act prohibited under paragraph (1)(B), (C) or (E), with apparent determination and will to carry the threat into execution, if the threatened act is likely to endanger the safe navigation of the ship in question, shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(b) Jurisdiction- There is jurisdiction over the activity prohibited in subsection (a)--CommentsClose CommentsPermalink





`(1) in the case of a covered ship, if--CommentsClose CommentsPermalink





`(A) such activity is committed--CommentsClose CommentsPermalink





`(i) against or on board a ship flying the flag of the United States at the time the prohibited activity is committed;CommentsClose CommentsPermalink





`(ii) in the United States; orCommentsClose CommentsPermalink





`(iii) by a national of the United States or by a stateless person whose habitual residence is in the United States;CommentsClose CommentsPermalink





`(B) during the commission of such activity, a national of the United States is seized, threatened, injured or killed; orCommentsClose CommentsPermalink





`(C) the offender is later found in the United States after such activity is committed;CommentsClose CommentsPermalink





`(2) in the case of a ship navigating or scheduled to navigate solely within the territorial sea or internal waters of a country other than the United States, if the offender is later found in the United States after such activity is committed; andCommentsClose CommentsPermalink





`(3) in the case of any vessel, if such activity is committed in an attempt to compel the United States to do or abstain from doing any act.CommentsClose CommentsPermalink





`(c) Bar To Prosecution- It is a bar to Federal prosecution under subsection (a) for conduct that occurred within the United States that the conduct involved was during or in relation to a labor dispute, and such conduct is prohibited as a felony under the law of the State in which it was committed. For purposes of this section, the term `labor dispute' has the meaning set forth in section 13(c) of the Norris-LaGuardia Act (29 U.S.C. 113(c)).CommentsClose CommentsPermalink





`(d) Delivery of Suspected Offender- The master of a covered ship flying the flag of the United States who has reasonable grounds to believe that there is on board that ship any person who has committed an offense under Article 3 of the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation may deliver such person to the authorities of a State Party to that Convention. Before delivering such person to the authorities of another country, the master shall notify in an appropriate manner the Attorney General of the United States of the alleged offense and await instructions from the Attorney General as to what action to take. When delivering the person to a country which is a State Party to the Convention, the master shall, whenever practicable, and if possible before entering the territorial sea of such country, notify the authorities of such country of the master's intention to deliver such person and the reasons therefor. If the master delivers such person, the master shall furnish to the authorities of such country the evidence in the master's possession that pertains to the alleged offense.CommentsClose CommentsPermalink





`(e) Definitions- As used in this section--CommentsClose CommentsPermalink





`(1) the term `covered ship' means a ship that is navigating or is scheduled to navigate into, through or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country;CommentsClose CommentsPermalink





`(2) the term `territorial sea of the United States' means all waters extending seaward to 12 nautical miles from the baselines of the United States determined in accordance with international law; andCommentsClose CommentsPermalink





`(3) the term `ship' means a vessel of any type whatsoever not permanently attached to the sea-bed, including dynamically supported craft, submersibles or any other floating craft, but does not include a warship, a ship owned or operated by a government when being used as a naval auxiliary or for customs or police purposes, or a ship which has been withdrawn from navigation or laid up.CommentsClose CommentsPermalink

`Sec. 1346. Devices or dangerous substances in waters of the United States likely to destroy or damage ships or to interfere with maritime commerce

`(a) OFFENSE- Whoever knowingly places in navigable waters of the United States a device or dangerous substance which is likely--CommentsClose CommentsPermalink





`(1) to destroy or cause damage to a vessel or its cargo;CommentsClose CommentsPermalink





`(2) to cause interference with the safe navigation of vessels, or interference with maritime commerce (such as by damaging or destroying marine terminals, facilities, or any other marine structure or entity used in maritime commerce);CommentsClose CommentsPermalink





with the intent of causing such destruction or damage, interference with the safe navigation of vessels, or interference with maritime commerce shall be imprisoned for any term of years or for life.CommentsClose CommentsPermalink





`(b) SPECIAL RULE FOR OFFENSE RESULTING IN DEATH- Whoever causes the death of any person by engaging in conduct prohibited under subsection (a) may be punished by death.CommentsClose CommentsPermalink





`(c) RULE OF CONSTRUCTION- Nothing in this section shall be construed to apply to otherwise lawfully authorized and conducted activities of the United States Government.CommentsClose CommentsPermalink





`(d) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink





`(1) the term `dangerous substance' means any solid, liquid, or gaseous material that has the capacity to cause damage to a vessel or its cargo, or cause interference with the safe navigation of a vessel; andCommentsClose CommentsPermalink





`(2) the term `device' means any object that, because of its physical, mechanical, structural, or chemical properties, has the capacity to cause damage to a vessel or its cargo, or cause interference with the safe navigation of a vessel.CommentsClose CommentsPermalink

`Sec. 1347. Violence against aids to maritime navigation

`Whoever intentionally destroys, seriously damages, alters, moves, or tampers with any aid to maritime navigation maintained by the Saint Lawrence Seaway Development Corporation under the authority of section 4 of the Act of May 13, 1954 (33 U.S.C. 984), by the Coast Guard pursuant to section 81 of title 14, United States Code, or lawfully maintained under authority granted by the Coast Guard pursuant to section 83 of title 14, United States Code, if such act endangers or is likely to endanger the safe navigation of a ship, shall imprisoned for not more than 20 years.CommentsClose CommentsPermalink

`Sec. 1348. Transportation of explosive, biological, chemical, or radioactive or nuclear materials

`(a) In General- Whoever knowingly transports aboard any vessel within the United States and on waters subject to the jurisdiction of the United States or any vessel outside the United States and on the high seas or having United States nationality an explosive or incendiary device, biological agent, chemical weapon, or radioactive or nuclear material, knowing that any such item is intended to be used to commit an offense listed in section 273(h)(3)(B), shall be fined under this title or imprisoned for any term of years or for life, or both.CommentsClose CommentsPermalink





`(b) Causing Death- Any person who causes the death of a person by engaging in conduct prohibited by subsection (a) may be punished by death.CommentsClose CommentsPermalink





`(c) Definitions- In this section:CommentsClose CommentsPermalink





`(1) Biological agent- The term `biological agent' means any biological agent, toxin, or vector (as those terms are defined in section 178).CommentsClose CommentsPermalink





`(2) By-product material- The term `by-product material' has the meaning given that term in section 11(e) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)).CommentsClose CommentsPermalink





`(3) Chemical weapon- The term `chemical weapon' has the meaning given that term in section 229F(1).CommentsClose CommentsPermalink





`(4) Explosive or incendiary device- The term `explosive or incendiary device' has the meaning given the term in section 232(5) and includes explosive materials, as that term is defined in section 841(c) and explosive as defined in section 844(j).CommentsClose CommentsPermalink





`(5) Nuclear material- The term `nuclear material' has the meaning given that term in section 831(f)(1).CommentsClose CommentsPermalink





`(6) Radioactive material- The term `radioactive material' means--CommentsClose CommentsPermalink





`(A) source material and special nuclear material, but does not include natural or depleted uranium;CommentsClose CommentsPermalink





`(B) nuclear by-product material;CommentsClose CommentsPermalink





`(C) material made radioactive by bombardment in an accelerator; orCommentsClose CommentsPermalink





`(D) all refined isotopes of radium.CommentsClose CommentsPermalink





`(7) Source material- The term `source material' has the meaning given that term in section 11(z) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(z)).CommentsClose CommentsPermalink





`(8) Special nuclear material- The term `special nuclear material' has the meaning given that term in section 11(aa) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).CommentsClose CommentsPermalink

`Sec. 1349. Transportation of terrorists

`(a) In General- Whoever knowingly and intentionally transports any terrorist aboard any vessel within the United States and on waters subject to the jurisdiction of the United States or any vessel outside the United States and on the high seas or having United States nationality, knowing that the transported person is a terrorist, shall be fined under this title or imprisoned for any term of years or for life, or both.CommentsClose CommentsPermalink





`(b) Defined Term- In this section, the term `terrorist' means any person who intends to commit, or is avoiding apprehension after having committed, an offense listed under section 2332b(g)(5)(B).CommentsClose CommentsPermalink

`SUBCHAPTER E--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR MARITIME FACILITIES

`Sec.CommentsClose CommentsPermalink

`1351. Jurisdiction and scope.CommentsClose CommentsPermalink





`1352. Destruction of vessel or maritime facility.CommentsClose CommentsPermalink





`1353. Imparting or conveying false information.CommentsClose CommentsPermalink





`1354. Bar to prosecution.CommentsClose CommentsPermalink





`1355. Bribery affecting port security.CommentsClose CommentsPermalink

`Sec. 1351. Jurisdiction and scope

`(a) Jurisdiction- There is jurisdiction, including extraterritorial jurisdiction, over an offense under section 1352 if the prohibited activity takes place--CommentsClose CommentsPermalink





`(1) within the United States and within waters subject to the jurisdiction of the United States; orCommentsClose CommentsPermalink





`(2) outside United States and--CommentsClose CommentsPermalink





`(A) an offender or a victim is a national of the United States (as that term is defined under section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));CommentsClose CommentsPermalink





`(B) the activity involves a vessel in which a national of the United States was on board; orCommentsClose CommentsPermalink





`(C) the activity involves a vessel of the United States (as that term is defined under section 2 of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).CommentsClose CommentsPermalink





`(b) Scope- Nothing in this subchapter shall apply to otherwise lawful activities carried out by or at the direction of the United States Government.CommentsClose CommentsPermalink

`Sec. 1352. Destruction of vessel or maritime facility

`(a) Offense- Whoever knowingly--CommentsClose CommentsPermalink





`(1) sets fire to, damages, destroys, disables, or wrecks any vessel;CommentsClose CommentsPermalink





`(2) places or causes to be placed a destructive device, as defined in section 921(a)(4), destructive substance, as defined in section 581, or an explosive, as defined in section 611 in, upon, or near, or otherwise makes or causes to be made unworkable or unusable or hazardous to work or use, any vessel, or any part or other materials used or intended to be used in connection with the operation of a vessel;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(7) performs an act of violence against a person that causes or is likely to cause serious bodily injury in, upon, or near, any appliance, structure, property, machine, or apparatus, or any facility or other material used, or intended to be used, in connection with the operation, maintenance, loading, unloading, or storage of any vessel or any passenger or cargo carried or intended to be carried on any vessel; orCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





shall be imprisoned not more than 20 years.CommentsClose CommentsPermalink





`(b) Limitation- Subsection (a) does not apply to any person that is engaging in otherwise lawful activity, such as normal repair and salvage activities, and the transportation of hazardous materials regulated and allowed to be transported under chapter 51 of title 49.CommentsClose CommentsPermalink





`(c) Penalty- Whoever is convicted under subsection (a) as a result of an act involving a vessel that, at the time of the violation, carried high-level radioactive waste (as that term is defined in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12)) or spent nuclear fuel (as that term is defined in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23)), shall be imprisoned for any term of years or for life.CommentsClose CommentsPermalink





`(d) Penalty When Death Results- Whoever is convicted under subsection (a) and intended to cause death by the prohibited conduct, if the conduct resulted in the death of any person, shall be subject to the death penalty or to imprisonment for any term of years or for life.CommentsClose CommentsPermalink





`(e) Threats- Whoever knowingly and intentionally imparts or conveys any threat to do an act which would violate this subchapter, with an apparent determination and will to carry the threat into execution, shall be imprisoned not more than 5 years and is liable for all costs incurred as a result of such threat.CommentsClose CommentsPermalink

`Sec. 1353. Imparting or conveying false information

`(a) In General- Whoever imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act that would be a crime prohibited by this subchapter or by subchapter D, shall be subject to a civil penalty of not more than $5,000, which shall be recoverable in a civil action brought in the name of the United States.CommentsClose CommentsPermalink





`(b) Malicious Conduct- Whoever knowingly, intentionally, maliciously, or with reckless disregard for the safety of human life, imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt to do any act which would be a crime prohibited by this subchapter or by subchapter D, shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(c) Jurisdiction- Jurisdiction over an offense under this section shall be determined in accordance with the provisions applicable to the offense under section 1352, or under subchapter D, to which the imparted or conveyed false information relates, as applicable.CommentsClose CommentsPermalink

`Sec. 1354. Bar to prosecution

`(a) In General- It is a bar to prosecution under section 1352 or 1353 that--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(2) such conduct is prohibited as a misdemeanor, and not as a felony, under the law of the State in which it was committed.CommentsClose CommentsPermalink





`(b) Definition- In this section, the term `labor dispute' has the meaning given that term in section 13(c) of the Act to amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for other purposes (29 U.S.C. 113(c), commonly known as the Norris-LaGuardia Act).CommentsClose CommentsPermalink

`Sec. 1355. Bribery affecting port security

`(a) In General- Whoever knowingly--CommentsClose CommentsPermalink





`(1) directly or indirectly, corruptly gives, offers, or promises anything of value to any public or private person, with intent to commit international terrorism or domestic terrorism (as those terms are defined under section 283), to--CommentsClose CommentsPermalink





`(A) influence any action or any person to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud affecting any secure or restricted area or seaport; orCommentsClose CommentsPermalink





`(B) induce any official or person to do or omit to do any act in violation of the lawful duty of such official or person that affects any secure or restricted area or seaport; orCommentsClose CommentsPermalink





`(2) directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for--CommentsClose CommentsPermalink





`(A) being influenced in the performance of any official act affecting any secure or restricted area or seaport; andCommentsClose CommentsPermalink





`(B) knowing that such influence will be used to commit, or plan to commit, international or domestic terrorism,CommentsClose CommentsPermalink





shall be imprisoned not more than 15 years.CommentsClose CommentsPermalink





`(b) Definition- In this section, the term `secure or restricted area' means an area of a vessel or facility designated as secure in an approved security plan, as required under section 70103 of title 46, United States Code, and the rules and regulations promulgated under that section.CommentsClose CommentsPermalink

`CHAPTER 35--REGULATORY CRIMES

`SubchapterCommentsClose CommentsPermalink

--Sec.CommentsClose CommentsPermalink

1371CommentsClose CommentsPermalink

1381CommentsClose CommentsPermalink

1391CommentsClose CommentsPermalink

1411CommentsClose CommentsPermalink

1431CommentsClose CommentsPermalink

1441CommentsClose CommentsPermalink

1451CommentsClose CommentsPermalink

`SUBCHAPTER A--ANIMALS, BIRDS, FISH, AND PLANTS

`Sec.CommentsClose CommentsPermalink

`1371. Hunting, fishing, trapping; disturbance or injury on wildlife refuges.CommentsClose CommentsPermalink





`1372. Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations.CommentsClose CommentsPermalink





`1373. Force, violence, and threats involving animal enterprises.CommentsClose CommentsPermalink





`1374. Use of aircraft or motor vehicles to hunt certain wild. horses or burros; pollution of watering holes.CommentsClose CommentsPermalink





`1375. Depiction of animal cruelty.CommentsClose CommentsPermalink





`1376. Enforcement of animal fighting prohibitions.CommentsClose CommentsPermalink

`Sec. 1371. Hunting, fishing, trapping; disturbance or injury on wildlife refuges

`Whoever, except in compliance with rules and regulations promulgated by authority of law, hunts, traps, captures, willfully disturbs or kills any bird, fish, or wild animal of any kind whatever, or takes or destroys the eggs or nest of any such bird or fish, on any lands or waters which are set apart or reserved as sanctuaries, refuges or breeding grounds for such birds, fish, or animals under any law of the United States or willfully injures, molests, or destroys any property of the United States on any such lands or waters, shall be imprisoned not more than six months.CommentsClose CommentsPermalink

`Sec. 1372. Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations

`(a) PROHIBITION- The importation into the United States, any territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States, or any shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States, of the mongoose of the species Herpestes auropunctatus; of the species of so-called `flying foxes' or fruit bats of the genus Pteropus; of the zebra mussel of the species Dreissena polymorpha; and such other species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, reptiles, brown tree snakes, or the offspring or eggs of any of the foregoing which the Secretary of the Interior may prescribe by regulation to be injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States, is hereby prohibited. All such prohibited mammals, birds, fish (including mollusks and crustacea), amphibians, and reptiles, and the eggs or offspring therefrom, shall be promptly exported or destroyed at the expense of the importer or consignee. Nothing in this section shall be construed to repeal or modify any provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act. Also, this section shall not authorize any action with respect to the importation of any plant pest as defined in the Federal Plant Pest Act, insofar as such importation is subject to regulation under that Act.CommentsClose CommentsPermalink





`(b) DEFINITION- As used in subsection (a), the term `wild' relates to any creatures that, whether or not raised in captivity, normally are found in a wild state; and the terms `wildlife' and `wildlife resources' include those resources that comprise wild mammals, wild birds, fish (including mollusks and crustacea), and all other classes of wild creatures whatsoever, and all types of aquatic and land vegetation upon which such wildlife resources are dependent.CommentsClose CommentsPermalink





`(c) PERMISSION FOR IMPORTATION- Notwithstanding the foregoing, the Secretary of the Interior, when he finds that there has been a proper showing of responsibility and continued protection of the public interest and health, shall permit the importation for zoological, educational, medical, and scientific purposes of any mammals, birds, fish, (including mollusks and crustacea), amphibia, and reptiles, or the offspring or eggs thereof, where such importation would be prohibited otherwise by or pursuant to this Act, and this Act shall not restrict importations by Federal agencies for their own use.CommentsClose CommentsPermalink





`(d) EXCLUSION- Nothing in this section restricts the importation of dead natural-history specimens for museums or for scientific collections, or the importation of domesticated canaries, parrots (including all other species of psittacine birds), or such other cage birds as the Secretary of the Interior may designate.CommentsClose CommentsPermalink





`(e) ENFORCEMENT- The Secretary of the Treasury and the Secretary of the Interior shall enforce the provisions of this subsection, including any regulations issued hereunder, and, if requested by the Secretary of the Interior, the Secretary of the Treasury may require the furnishing of an appropriate bond when desirable to insure compliance with such provisions.CommentsClose CommentsPermalink





`(f) OFFENSE- Whoever violates this section, or any regulation issued pursuant thereto, shall be imprisoned not more than six months.CommentsClose CommentsPermalink

`Sec. 1373. Force, violence, and threats involving animal enterprises

`(a) Offense- Whoever travels in interstate or foreign commerce, or uses or causes to be used the mail or any facility of interstate or foreign commerce--CommentsClose CommentsPermalink





`(1) for the purpose of damaging or interfering with the operations of an animal enterprise; andCommentsClose CommentsPermalink





`(2) in connection with such purpose--CommentsClose CommentsPermalink





`(A) intentionally damages or causes the loss of any real or personal property (including animals or records) used by an animal enterprise, or any real or personal property of a person or entity having a connection to, relationship with, or transactions with an animal enterprise;CommentsClose CommentsPermalink





`(B) intentionally places a person in reasonable fear of the death of, or serious bodily injury to that person, a member of the immediate family (as defined in section 115) of that person, or a spouse or intimate partner of that person by a course of conduct involving threats, acts of vandalism, property damage, criminal trespass, harassment, or intimidation; orCommentsClose CommentsPermalink





`(C) conspires or attempts to do so;CommentsClose CommentsPermalink





shall be punished as provided for in subsection (b).CommentsClose CommentsPermalink





`(b) Penalties- The punishment for a violation of section (a) or an attempt or conspiracy to violate subsection (a) shall be--CommentsClose CommentsPermalink





`(1) a fine under this title or imprisonment not more than 1 year, or both, if the offense does not instill in another the reasonable fear of serious bodily injury or death and--CommentsClose CommentsPermalink





`(A) the offense results in no economic damage or bodily injury; orCommentsClose CommentsPermalink





`(B) the offense results in economic damage that does not exceed $10,000;CommentsClose CommentsPermalink





`(2) a fine under this title or imprisonment for not more than 5 years, or both, if no bodily injury occurs and--CommentsClose CommentsPermalink





`(A) the offense results in economic damage exceeding $10,000 but not exceeding $100,000; orCommentsClose CommentsPermalink





`(B) the offense instills in another the reasonable fear of serious bodily injury or death;CommentsClose CommentsPermalink





`(3) a fine under this title or imprisonment for not more than 10 years, or both, if--CommentsClose CommentsPermalink





`(A) the offense results in economic damage exceeding $100,000; orCommentsClose CommentsPermalink





`(B) the offense results in substantial bodily injury to another individual;CommentsClose CommentsPermalink





`(4) a fine under this title or imprisonment for not more than 20 years, or both, if--CommentsClose CommentsPermalink





`(A) the offense results in serious bodily injury to another individual; orCommentsClose CommentsPermalink





`(B) the offense results in economic damage exceeding $1,000,000; andCommentsClose CommentsPermalink





`(5) imprisonment for life or for any terms of years, a fine under this title, or both, if the offense results in death of another individual.CommentsClose CommentsPermalink





`(c) Restitution- An order of restitution under this title with respect to a violation of this section may also include restitution--CommentsClose CommentsPermalink





`(1) for the reasonable cost of repeating any experimentation that was interrupted or invalidated as a result of the offense;CommentsClose CommentsPermalink





`(2) for the loss of food production or farm income reasonably attributable to the offense; andCommentsClose CommentsPermalink





`(3) for any other economic damage, including any losses or costs caused by economic disruption, resulting from the offense.CommentsClose CommentsPermalink





`(d) Definitions- As used in this section--CommentsClose CommentsPermalink





`(1) the term `animal enterprise' means--CommentsClose CommentsPermalink





`(A) a commercial or academic enterprise that uses or sells animals or animal products for profit, food or fiber production, agriculture, education, research, or testing;CommentsClose CommentsPermalink





`(B) a zoo, aquarium, animal shelter, pet store, breeder, furrier, circus, or rodeo, or other lawful competitive animal event; orCommentsClose CommentsPermalink





`(C) any fair or similar event intended to advance agricultural arts and sciences;CommentsClose CommentsPermalink





`(2) the term `course of conduct' means a pattern of conduct composed of 2 or more acts, evidencing a continuity of purpose;CommentsClose CommentsPermalink





`(3) the term `economic damage'--CommentsClose CommentsPermalink





`(A) means the replacement costs of lost or damaged property or records, the costs of repeating an interrupted or invalidated experiment, the loss of profits, or increased costs, including losses and increased costs resulting from threats, acts or vandalism, property damage, trespass, harassment, or intimidation taken against a person or entity on account of that person's or entity's connection to, relationship with, or transactions with the animal enterprise; butCommentsClose CommentsPermalink





`(B) does not include any lawful economic disruption (including a lawful boycott) that results from lawful public, governmental, or business reaction to the disclosure of information about an animal enterprise;CommentsClose CommentsPermalink





`(4) the term `serious bodily injury' means--CommentsClose CommentsPermalink





`(A) injury posing a substantial risk of death;CommentsClose CommentsPermalink





`(B) extreme physical pain;CommentsClose CommentsPermalink





`(C) protracted and obvious disfigurement; orCommentsClose CommentsPermalink





`(D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty; andCommentsClose CommentsPermalink





`(5) the term `substantial bodily injury' means--CommentsClose CommentsPermalink





`(A) deep cuts and serious burns or abrasions;CommentsClose CommentsPermalink





`(B) short-term or nonobvious disfigurement;CommentsClose CommentsPermalink





`(C) fractured or dislocated bones, or torn members of the body;CommentsClose CommentsPermalink





`(D) significant physical pain;CommentsClose CommentsPermalink





`(E) illness;CommentsClose CommentsPermalink





`(F) short-term loss or impairment of the function of a bodily member, organ, or mental faculty; orCommentsClose CommentsPermalink





`(G) any other significant injury to the body.CommentsClose CommentsPermalink





`(e) Rules of Construction- Nothing in this section shall be construed--CommentsClose CommentsPermalink





`(1) to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution;CommentsClose CommentsPermalink





`(2) to create new remedies for interference with activities protected by the free speech or free exercise clauses of the First Amendment to the Constitution, regardless of the point of view expressed, or to limit any existing legal remedies for such interference; orCommentsClose CommentsPermalink





`(3) to provide exclusive criminal penalties or civil remedies with respect to the conduct prohibited by this action, or to preempt State or local laws that may provide such penalties or remedies.CommentsClose CommentsPermalink

`Sec. 1374. Use of aircraft or motor vehicles to hunt certain wild horses or burros; pollution of watering holes

`(a) AIRCRAFT FOR HUNTING- Whoever uses an aircraft or a motor vehicle to hunt, for the purpose of capturing or killing, any wild unbranded horse, mare, colt, or burro running at large on any of the public land or ranges shall be imprisoned not more than six months.CommentsClose CommentsPermalink





`(b) POLLUTION OF WATERING HOLES- Whoever pollutes or causes the pollution of any watering hole on any of the public land or ranges for the purpose of trapping, killing, wounding, or maiming any of the animals referred to in subsection (a) of this section shall be imprisoned not more than six months.CommentsClose CommentsPermalink





`(c) DEFINITIONS- As used in subsection (a) of this section--CommentsClose CommentsPermalink





`(1) the term `aircraft' means any contrivance used for flight in the air; andCommentsClose CommentsPermalink





`(2) the term `motor vehicle' includes an automobile, automobile truck, automobile wagon, motorcycle, or any other self-propelled vehicle designed for running on land.CommentsClose CommentsPermalink

`Sec. 1375. Depiction of animal cruelty

`(a) Creation, Sale, or Possession- Whoever knowingly creates, sells, or possesses a depiction of animal cruelty with the intention of placing that depiction in interstate or foreign commerce for commercial gain, shall be imprisoned not more than 5 years.CommentsClose CommentsPermalink





`(b) Exception- Subsection (a) does not apply to any depiction that has serious religious, political, scientific, educational, journalistic, historical, or artistic value.CommentsClose CommentsPermalink





`(c) Definitions- In this section, the term `depiction of animal cruelty' means any visual or auditory depiction, including any photograph, motion-picture film, video recording, electronic image, or sound recording of conduct in which a living animal is intentionally maimed, mutilated, tortured, wounded, or killed, if such conduct is illegal under Federal law or the law of the State in which the creation, sale, or possession takes place, regardless of whether the maiming, mutilation, torture, wounding, or killing took place in the State.CommentsClose CommentsPermalink

`Sec. 1376. Enforcement of animal fighting prohibitions

`Whoever violates subsection (a), (b), (c), or (e) of section 26 of the Animal Welfare Act shall be fined under this title, imprisoned for not more than 3 years, or both.CommentsClose CommentsPermalink

`SUBCHAPTER B--GAMBLING

`Sec.CommentsClose CommentsPermalink

`1381. Transmission of wagering information; penalties.CommentsClose CommentsPermalink





`1382. Definitions.CommentsClose CommentsPermalink

`Sec. 1381. Transmission of wagering information; penalties

`(a) OFFENSE- Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be imprisoned not more than two years.CommentsClose CommentsPermalink





`(b) EXCLUSION- Nothing in this section shall be construed to prevent the transmission in interstate or foreign commerce of information for use in news reporting of sporting events or contests, or for the transmission of information assisting in the placing of bets or wagers on a sporting event or contest from a State or foreign country where betting on that sporting event or contest is legal into a State or foreign country in which such betting is legal.CommentsClose CommentsPermalink





`(c) NONPREEMPTION- Nothing contained in this section shall create immunity from criminal prosecution under any laws of any State.CommentsClose CommentsPermalink





`(d) NOTIFICATION TO COMMON CARRIER- When any common carrier, subject to the jurisdiction of the Federal Communications Commission, is notified in writing by a Federal, State, or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of Federal, State or local law, it shall discontinue or refuse, the leasing, furnishing, or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any common carrier for any act done in compliance with any notice received from a law enforcement agency. Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination, as otherwise provided by law, in a Federal court or in a State or local tribunal or agency, that such facility should not be discontinued or removed, or should be restored.CommentsClose CommentsPermalink

`Sec. 1382. Definitions

`As used in this subchapter--CommentsClose CommentsPermalink





`(1) the term `gambling ship' means a vessel used principally for the operation of one or more gambling establishments. Such term does not include a vessel with respect to gambling aboard such vessel beyond the territorial waters of the United States during a covered voyage (as defined in section 4472 of the Internal Revenue Code of 1986 as in effect on January 1, 1994);CommentsClose CommentsPermalink





`(2) the term `gambling establishment' means any common gaming or gambling establishment operated for the purpose of gaming or gambling, including accepting, recording, or registering bets, or carrying on a policy game or any other lottery, or playing any game of chance, for money or other thing of value;CommentsClose CommentsPermalink





`(3) the term `American vessel' means any vessel documented or numbered under the laws of the United States; and includes any vessel which is neither documented or numbered under the laws of the United States nor documented under the laws of any foreign country, if such vessel is owned by, chartered to, or otherwise controlled by one or more citizens or residents of the United States or corporations organized under the laws of the United States or of any State; andCommentsClose CommentsPermalink





`(4) the term `wire communication facility' means any and all instrumentalities, personnel, and services (among other things, the receipt, forwarding, or delivery of communications) used or useful in the transmission of writings, signs, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission.CommentsClose CommentsPermalink

`SUBCHAPTER C--PROTECTION OF TRADE SECRETS

`Sec.CommentsClose CommentsPermalink

`1391. Economic espionage.CommentsClose CommentsPermalink





`1392. Theft of trade secrets.CommentsClose CommentsPermalink





`1393. Exceptions to prohibitions.CommentsClose CommentsPermalink





`1394. Orders to preserve confidentiality.CommentsClose CommentsPermalink





`1395. Civil proceedings to enjoin violations.CommentsClose CommentsPermalink





`1396. Applicability to conduct outside the United States.CommentsClose CommentsPermalink





`1397. Construction with other laws.CommentsClose CommentsPermalink





`1398. Definitions.CommentsClose CommentsPermalink

`Sec. 1391. Economic espionage

`(a) In General- Whoever, intending or knowing that the offense will benefit any foreign government, foreign instrumentality, or foreign agent, knowingly--CommentsClose CommentsPermalink





`(1) steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains a trade secret;CommentsClose CommentsPermalink





`(2) without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys a trade secret;CommentsClose CommentsPermalink





`(3) receives, buys, or possesses a trade secret, knowing the same to have been stolen or appropriated, obtained, or converted without authorization;CommentsClose CommentsPermalink





`(4) attempts to commit any offense described in any of paragraphs (1) through (3); orCommentsClose CommentsPermalink





`(5) conspires with one or more other persons to commit any offense described in any of paragraphs (1) through (3), and one or more of such persons do any act to effect the object of the conspiracy,CommentsClose CommentsPermalink





shall, except as provided in subsection (b), be imprisoned not more than 15 years.CommentsClose CommentsPermalink





`(b) Organizations- Any organization that commits any offense described in subsection (a) shall be fined not more than $10,000,000.CommentsClose CommentsPermalink

`Sec. 1392. Theft of trade secrets

`(a) OFFENSE- Whoever, with intent to convert a trade secret, that is related to or included in a product that is produced for or placed in interstate or foreign commerce, to the economic benefit of anyone other than the owner thereof, and intending or knowing that the offense will, injure any owner of that trade secret, knowingly--CommentsClose CommentsPermalink





`(1) steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains such information;CommentsClose CommentsPermalink





`(2) without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys such information;CommentsClose CommentsPermalink





`(3) receives, buys, or possesses such information, knowing the same to have been stolen or appropriated, obtained, or converted without authorization;CommentsClose CommentsPermalink





`(4) attempts to commit any offense described in paragraphs (1) through (3); orCommentsClose CommentsPermalink





`(5) conspires with one or more other persons to commit any offense described in paragraphs (1) through (3), and one or more of such persons do any act to effect the object of the conspiracy,CommentsClose CommentsPermalink





shall, except as provided in subsection (b), be imprisoned not more than 10 years.CommentsClose CommentsPermalink





`(b) ORGANIZATIONS- Any organization that commits any offense described in subsection (a) shall be fined not more than $5,000,000.CommentsClose CommentsPermalink

`Sec. 1393. Exceptions to prohibitions

`This subchapter does not prohibit--CommentsClose CommentsPermalink





`(1) any otherwise lawful activity conducted by a governmental entity of the United States, a State, or a political subdivision of a State; orCommentsClose CommentsPermalink





`(2) the reporting of a suspected violation of law to any governmental entity of the United States, a State, or a political subdivision of a State, if such entity has lawful authority with respect to that violation.CommentsClose CommentsPermalink

`Sec. 1394. Orders to preserve confidentiality

`In any prosecution or other proceeding under this subchapter and any forfeiture relating to a violation of this subchapter, the court shall enter such orders and take such other action as may be necessary and appropriate to preserve the confidentiality of trade secrets, consistent with the requirements of the Federal Rules of Criminal and Civil Procedure, the Federal Rules of Evidence, and all other applicable laws. An interlocutory appeal by the United States shall lie from a decision or order of a district court authorizing or directing the disclosure of any trade secret.CommentsClose CommentsPermalink

`Sec. 1395. Civil proceedings to enjoin violations

`(a) CIVIL ACTION- The Attorney General may, in a civil action, obtain appropriate injunctive relief against any violation of this subchapter.CommentsClose CommentsPermalink





`(b) EXCLUSIVE JURISDICTION- The district courts of the United States shall have exclusive original jurisdiction of civil actions under this section.CommentsClose CommentsPermalink

`Sec. 1396. Applicability to conduct outside the United States

`This subchapter also applies to conduct occurring outside the United States if--CommentsClose CommentsPermalink





`(1) the offender is a natural person who is a citizen or permanent resident alien of the United States, or an organization organized under the laws of the United States or a State or political subdivision thereof; orCommentsClose CommentsPermalink





`(2) an act in furtherance of the offense was committed in the United States.CommentsClose CommentsPermalink

`Sec. 1397. Construction with other laws

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

`Sec. 1398. Definitions

`As used in this subchapter--CommentsClose CommentsPermalink





`(1) the term `foreign instrumentality;' means any agency, bureau, ministry, component, institution, association, or any legal, commercial, or business organization, corporation, firm, or entity that is substantially owned, controlled, sponsored, commanded, managed, or dominated by a foreign government;CommentsClose CommentsPermalink





`(2) the term `foreign agent' means any officer, employee, proxy, servant, delegate, or representative of a foreign government;CommentsClose CommentsPermalink





`(3) the term `trade secret' means all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if--CommentsClose CommentsPermalink





`(A) the owner thereof has taken reasonable measures to keep such information secret; andCommentsClose CommentsPermalink





`(B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, the public; andCommentsClose CommentsPermalink





`(4) the term `owner', with respect to a trade secret, means the person or entity in whom or in which rightful legal or equitable title to, or license in, the trade secret is reposed.CommentsClose CommentsPermalink

`SUBCHAPTER D--TRAFFICKING IN CONTRABAND CIGARETTES

`Sec.CommentsClose CommentsPermalink

`1411. Definitions.CommentsClose CommentsPermalink





`1412. Unlawful acts.CommentsClose CommentsPermalink





`1413. Recordkeeping, reporting, and inspection.CommentsClose CommentsPermalink





`1414. Penalties.CommentsClose CommentsPermalink





`1415. Effect on State and local law.CommentsClose CommentsPermalink





`1416. Enforcement and regulations.CommentsClose CommentsPermalink

`Sec. 1411. Definitions

`As used in this chapter--CommentsClose CommentsPermalink





`(1) the term `cigarette' means--CommentsClose CommentsPermalink





`(A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; andCommentsClose CommentsPermalink





`(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);CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(C) a person--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(ii) who has complied with the accounting and payment requirements relating to such license or authorization with respect to the cigarettes involved; orCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(4) the term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Virgin Islands;CommentsClose CommentsPermalink





`(5) the term `Attorney General' means the Attorney General of the United States;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(C) a person who--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(ii) has complied with the accounting, tax, and payment requirements relating to such license or authorization with respect to such smokeless tobacco; orCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink

`Sec. 1412. Unlawful acts

`It shall be unlawful for any person knowingly to ship, transport, receive, possess, sell, distribute, or purchase contraband cigarettes or contraband smokeless tobacco.CommentsClose CommentsPermalink

`Sec. 1413. Recordkeeping, reporting, and inspection

`(a) RECORDKEEPING- Whoever ships, sells, or distributes any quantity of cigarettes in excess of 10,000, or any quantity of smokeless tobacco in excess of 500 single-unit consumer-sized cans or packages, in a single transaction shall maintain such information about the shipment, receipt, sale, and distribution of cigarettes as the Attorney General may prescribe by rule or regulation. The Attorney General may require such person to keep such information as the Attorney General considers appropriate for purposes of enforcement of this chapter, including--CommentsClose CommentsPermalink





`(1) the name, address, destination (including street address), vehicle license number, driver's license number, signature of the person receiving such cigarettes, and the name of the purchaser;CommentsClose CommentsPermalink





`(2) a declaration of the specific purpose of the receipt (personal use, resale, or delivery to another); andCommentsClose CommentsPermalink





`(3) a declaration of the name and address of the recipient's principal in all cases when the recipient is acting as an agent.CommentsClose CommentsPermalink





Such information shall be contained on business records kept in the normal course of business.CommentsClose CommentsPermalink





`(b) REPORTING- Whoever, except for a tribal government, engages in a delivery sale, and who ships, sells, or distributes any quantity in excess of 10,000 cigarettes, or any quantity in excess of 500 single-unit consumer-sized cans or packages of smokeless tobacco, or their equivalent, within a single month, shall submit to the Attorney General, pursuant to rules or regulations prescribed by the Attorney General, a report that sets forth the following:CommentsClose CommentsPermalink





`(1) The person's beginning and ending inventory of cigarettes and cans or packages of smokeless tobacco (in total) for such month.CommentsClose CommentsPermalink





`(2) The total quantity of cigarettes and cans or packages of smokeless tobacco that the person received within such month from each other person (itemized by name and address).CommentsClose CommentsPermalink





`(3) The total quantity of cigarettes and cans or packages of smokeless tobacco that the person distributed within such month to each person (itemized by name and address) other than a retail purchaser.CommentsClose CommentsPermalink





`(c) INSPECTION- Upon the consent of any person who ships, sells, or distributes any quantity of cigarettes in excess of 10,000 in a single transaction, or pursuant to a duly issued search warrant, the Attorney General may enter the premises (including places of storage) of such person for the purpose of inspecting any records or information required to be maintained by such person under this chapter, and any cigarettes kept or stored by such person at such premises.CommentsClose CommentsPermalink





`(d) OTHERS TO RECEIVE REPORTS- Any report required to be submitted under this subchapter to the Attorney General shall also be submitted to the Secretary of the Treasury and to the attorneys general and the tax administrators of the States from where the shipments, deliveries, or distributions both originated and concluded.CommentsClose CommentsPermalink





`(e) DELIVERY SALE DEFINED- As used in this section, the term `delivery sale' means any sale of cigarettes or smokeless tobacco in interstate commerce to a consumer if--CommentsClose CommentsPermalink





`(1) the consumer submits the order for such sale by means of a telephone or other method of voice transmission, the mails, or the Internet or other online service, or by any other means where the consumer is not in the same physical location as the seller when the purchase or offer of sale is made; orCommentsClose CommentsPermalink





`(2) the cigarettes or smokeless tobacco are delivered by use of the mails, common carrier, private delivery service, or any other means where the consumer is not in the same physical location as the seller when the consumer obtains physical possession of the cigarettes or smokeless tobacco.CommentsClose CommentsPermalink

`Sec. 1414. Penalties

`(a) 1412(a) VIOLATIONS- Whoever knowingly violates section 1412(a) shall be imprisoned not more than five years.CommentsClose CommentsPermalink





`(b) 1413(a) AND 1416 VIOLATIONS- Whoever knowingly violates any rule or regulation promulgated under section 1413(a) or 1416 or violates section 1412(b) shall be imprisoned not more than three years.CommentsClose CommentsPermalink





`(c) SEIZURE AND FORFEITURE- Any contraband cigarettes or contraband smokeless tobacco involved in any violation of the provisions of this chapter shall be subject to seizure and forfeiture. The provisions of chapter 50 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section. Any cigarettes or smokeless tobacco so seized and forfeited shall be either--CommentsClose CommentsPermalink





`(1) destroyed and not resold; orCommentsClose CommentsPermalink





`(2) used for undercover investigative operations for the detection and prosecution of crimes, and then destroyed and not resold.CommentsClose CommentsPermalink

`Sec. 1415. Effect on State and local law

`(a) Nothing in this chapter shall be construed to affect the concurrent jurisdiction of a State or local government to enact and enforce its own cigarette tax laws, to provide for the confiscation of cigarettes or smokeless tobacco and other property seized for violation of such laws, and to provide for penalties for the violation of such laws.CommentsClose CommentsPermalink





`(b) Nothing in this chapter shall be construed to inhibit or otherwise affect any coordinated law enforcement effort by a number of State or local governments, through interstate compact or otherwise, to provide for the administration of State or local cigarette tax laws, to provide for the confiscation of cigarettes or smokeless tobacco and other property seized in violation of such laws, and to establish cooperative programs for the administration of such laws.CommentsClose CommentsPermalink

`Sec. 1416. Enforcement and regulations

`(a) GENERALLY- The Attorney General, subject to the provisions of section 1413(a), shall enforce this subchapter and may prescribe rules and regulations to carry out this subchapter.CommentsClose CommentsPermalink





`(b) STATE ENFORCEMENT THROUGH CIVIL ACTIONS-CommentsClose CommentsPermalink





`(1) A State, through its attorney general, a local government, through its chief law enforcement officer (or a designee thereof), or any person who holds a permit under chapter 52 of the Internal Revenue Code of 1986, may bring an action in the United States district courts to prevent and restrain violations of this chapter by any person (or by any person controlling such person), except that any person who holds a permit under chapter 52 of the Internal Revenue Code of 1986 may not bring such an action against a State or local government. No civil action may be commenced under this paragraph against an Indian tribe or an Indian in Indian country (as defined in section 1151).CommentsClose CommentsPermalink





`(2) A State, through its attorney general, or a local government, through its chief law enforcement officer (or a designee thereof), may in a civil action under paragraph (1) also obtain any other appropriate relief for violations of this chapter from any person (or by any person controlling such person), including civil penalties, money damages, and injunctive or other equitable relief. Nothing in this chapter shall be deemed to abrogate or constitute a waiver of any sovereign immunity of a State or local government, or an Indian tribe against any unconsented lawsuit under this chapter, or otherwise to restrict, expand, or modify any sovereign immunity of a State or local government, or an Indian tribe.CommentsClose CommentsPermalink





`(3) The remedies under paragraphs (1) and (2) are in addition to any other remedies under Federal, State, local, or other law.CommentsClose CommentsPermalink





`(4) Nothing in this chapter shall be construed to expand, restrict, or otherwise modify any right of an authorized State official to proceed in State court, or take other enforcement actions, on the basis of an alleged violation of State or other law.CommentsClose CommentsPermalink





`(5) Nothing in this chapter shall be construed to expand, restrict, or otherwise modify any right of an authorized local government official to proceed in State court, or take other enforcement actions, on the basis of an alleged violation of local or other law.CommentsClose CommentsPermalink

`SUBCHAPTER E--CHILD SUPPORT

`Sec.CommentsClose CommentsPermalink

`1431. Failure to pay legal child support obligations.CommentsClose CommentsPermalink

`Sec. 1431. Failure to pay legal child support obligations

`(a) Offense- Whoever--CommentsClose CommentsPermalink





`(1) knowingly fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(3) knowingly fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000;