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

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



 
                 CRIMINAL CODE IMPROVEMENT ACT OF 2015

                                _______
                                

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

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 4002]

      [Including cost estimate of the Congressional Budget Office]

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

                                CONTENTS

                                                                   Page

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

                          Purpose and Summary

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

                Background and Need for the Legislation

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

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

                               __________

                                Hearings

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

                        Committee Consideration

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

                            Committee Votes

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

                      Committee Oversight Findings

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

               New Budget Authority and Tax Expenditures

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

               Congressional Budget Office Cost Estimate

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

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

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member



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

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



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

                    Duplication of Federal Programs

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

                  Disclosure of Directed Rule Makings

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

                    Performance Goals and Objectives

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

                          Advisory on Earmarks

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

                      Section-by-Section Analysis

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

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

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

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

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

         Changes in Existing Law Made by the Bill, as Reported

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

                      TITLE 18, UNITED STATES CODE

PART I--CRIMES

           *       *       *       *       *       *       *


                     [CHAPTER 1--GENERAL PROVISIONS

[Sec. 2. Principals

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

[Sec. 3. Accessory after the fact

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

[Sec. 4. Misprision of felony

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

[Sec. 5. United States defined

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

[Sec. 6. Department and agency defined

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

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

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

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

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

[Sec. 9. Vessel of the United States defined

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

[Sec. 10. Interstate commerce and foreign commerce defined

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

[Sec. 11. Foreign government defined

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

[Sec. 12. United States Postal Service defined

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

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

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

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

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

[Sec. 16. Crime of violence defined

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

[Sec. 17. Insanity defense

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

[Sec. 18. Organization defined

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

[Sec. 19. Petty offense defined

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

[Sec. 20. Financial institution defined

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

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

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

[Sec. 23. Court of the United States defined

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

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

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

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

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

[Sec. 26. Definition of seaport

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

[Sec. 27. Mortgage lending business defined

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

                     CHAPTER 1--GENERAL PROVISIONS

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

                       SUBCHAPTER A--DEFINITIONS

Sec.
1. Definitions for title.

Sec. 1. Definitions for title

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

     SUBCHAPTER B--PRINCIPAL AND DERIVATIVE CRIMINAL RESPONSIBILITY

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

Sec. 5. Principals

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

Sec. 6. Accessory after the fact

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

Sec. 7. Misprision of felony

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

Sec. 8. Use of minors in crimes of violence

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

                 SUBCHAPTER C--CRIMINAL STATES OF MIND

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

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

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

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

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

                     SUBCHAPTER D--INSANITY DEFENSE

15. Insanity defenses

Sec. 15. Insanity defense

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

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

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

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

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

                 SUBCHAPTER F--OTHER GENERAL PROVISIONS

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

Sec. 21. Non-preemption

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

Sec. 22. Extraterritorial jurisdiction over derivative offenses

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

           *       *       *       *       *       *       *


                 CHAPTER 2--AIRCRAFT AND MOTOR VEHICLES

Sec. 31. Definitions

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

           *       *       *       *       *       *       *


Sec. 37. Violence at international airports

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

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

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

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


Sec. 48. Animal crush videos

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

           *       *       *       *       *       *       *


CHAPTER 7--ASSAULT

           *       *       *       *       *       *       *


Sec. 113. Assaults within maritime and territorial jurisdiction

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


CHAPTER 11A--CHILD SUPPORT

           *       *       *       *       *       *       *


Sec. 224. Bribery in sporting contests

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

           *       *       *       *       *       *       *


Sec. 228. Failure to pay legal child support obligations

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

           *       *       *       *       *       *       *


CHAPTER 12--CIVIL DISORDERS

           *       *       *       *       *       *       *


Sec. 232. Definitions

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

           *       *       *       *       *       *       *


CHAPTER 13--CIVIL RIGHTS

           *       *       *       *       *       *       *


Sec. 242. Deprivation of rights under color of law

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

           *       *       *       *       *       *       *


Sec. 245. Federally protected activities

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

           *       *       *       *       *       *       *


Sec. 248. Freedom of access to clinic entrances

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

Sec. 249. Hate crime acts

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

           *       *       *       *       *       *       *


CHAPTER 19--CONSPIRACY

           *       *       *       *       *       *       *


Sec. 372. Conspiracy to impede or injure officer

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

           *       *       *       *       *       *       *


CHAPTER 21--CONTEMPTS

           *       *       *       *       *       *       *


Sec. 402. Contempts constituting crimes

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

           *       *       *       *       *       *       *


CHAPTER 25--COUNTERFEITING AND FORGERY

           *       *       *       *       *       *       *


Sec. 491. Tokens or paper used as money

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

           *       *       *       *       *       *       *


Sec. 513. Securities of the States and private entities

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

           *       *       *       *       *       *       *


CHAPTER 26--CRIMINAL STREET GANGS

           *       *       *       *       *       *       *


Sec. 521. Criminal street gangs

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

           *       *       *       *       *       *       *


             CHAPTER 29--ELECTIONS AND POLITICAL ACTIVITIES

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


CHAPTER 31--EMBEZZLEMENT AND THEFT

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


CHAPTER 33--EMBLEMS, INSIGNIA, AND NAMES

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


CHAPTER 37--ESPIONAGE AND CENSORSHIP

           *       *       *       *       *       *       *


Sec. 793. Gathering, transmitting or losing defense information

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

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

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

           *       *       *       *       *       *       *


Sec. 798. Disclosure of classified information

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

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CHAPTER 39--EXPLOSIVES AND OTHER DANGEROUS ARTICLES

           *       *       *       *       *       *       *


Sec. 831. Prohibited transactions involving nuclear materials

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


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

Sec. 841. Definitions

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

           *       *       *       *       *       *       *


              CHAPTER 42--EXTORTIONATE CREDIT TRANSACTIONS

Sec. 891. Definitions and rules of construction

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

           *       *       *       *       *       *       *


                          CHAPTER 44--FIREARMS

Sec. 921. Definitions

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

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CHAPTER 47--FRAUD AND FALSE STATEMENTS

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

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

           *       *       *       *       *       *       *


Sec. 1020. Highway projects

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

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

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


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

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

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

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

           *       *       *       *       *       *       *


CHAPTER 49--FUGITIVES FROM JUSTICE

           *       *       *       *       *       *       *


Sec. 1073. Flight to avoid prosecution or giving testimony

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

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

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

           *       *       *       *       *       *       *


CHAPTER 50--GAMBLING

           *       *       *       *       *       *       *


Sec. 1084. Transmission of wagering information; penalties

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

           *       *       *       *       *       *       *


                          CHAPTER 51--HOMICIDE

Sec. 1111. Murder

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


CHAPTER 53--INDIANS

           *       *       *       *       *       *       *


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

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


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

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

           *       *       *       *       *       *       *


CHAPTER 55--KIDNAPPING

           *       *       *       *       *       *       *


Sec. 1202. Ransom money

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

           *       *       *       *       *       *       *


CHAPTER 59--LIQUOR TRAFFIC

           *       *       *       *       *       *       *


Sec. 1262. Transportation into State prohibiting sale

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


CHAPTER 61--LOTTERIES

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


CHAPTER 63--MAIL FRAUD AND OTHER FRAUD OFFENSES

           *       *       *       *       *       *       *


Sec. 1347. Health care fraud

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

           *       *       *       *       *       *       *


CHAPTER 65--MALICIOUS MISCHIEF

           *       *       *       *       *       *       *


Sec. 1365. Tampering with consumer products

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

           *       *       *       *       *       *       *


CHAPTER 73--OBSTRUCTION OF JUSTICE

           *       *       *       *       *       *       *


Sec. 1511. Obstruction of State or local law enforcement

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

           *       *       *       *       *       *       *


                    CHAPTER 75--PASSPORTS AND VISAS

Sec. 1541. Issuance without authority

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


CHAPTER 83--POSTAL SERVICE

           *       *       *       *       *       *       *


Sec. 1715. Firearms as nonmailable; regulations

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

Sec. 1716. Injurious articles as nonmailable

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

           *       *       *       *       *       *       *


Sec. 1716E. Tobacco products as nonmailable

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

           *       *       *       *       *       *       *


                     CHAPTER 85--PRISON-MADE GOODS

Sec. 1761. Transportation or importation

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

           *       *       *       *       *       *       *


CHAPTER 90--PROTECTION OF TRADE SECRETS

           *       *       *       *       *       *       *


Sec. 1838. Construction with other laws

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

           *       *       *       *       *       *       *


CHAPTER 90A--PROTECTION OF UNBORN CHILDREN

           *       *       *       *       *       *       *


Sec. 1841. Protection of unborn children

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

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CHAPTER 95--RACKETEERING

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Sec. 1951. Interference with commerce by threats or violence

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

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

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

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Sec. 1953. Interstate transportation of wagering paraphernalia

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

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Sec. 1955. Prohibition of illegal gambling businesses

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

Sec. 1956. Laundering of monetary instruments

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


Sec. 1960. Prohibition of unlicensed money transmitting businesses

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

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


CHAPTER 107--SEAMEN AND STOWAWAYS

           *       *       *       *       *       *       *


Sec. 2199. Stowaways on vessels or aircraft

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

           *       *       *       *       *       *       *


CHAPTER 103--ROBBERY AND BURGLARY

           *       *       *       *       *       *       *


Sec. 2119. Motor vehicles

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

           *       *       *       *       *       *       *


CHAPTER 107--SEAMEN AND STOWAWAYS

           *       *       *       *       *       *       *


Sec. 2199. Stowaways on vessels or aircraft

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

CHAPTER 109--SEARCHES AND SEIZURES

           *       *       *       *       *       *       *


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

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

CHAPTER 109A--SEXUAL ABUSE

           *       *       *       *       *       *       *


Sec. 2246. Definitions for chapter

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

           *       *       *       *       *       *       *


CHAPTER 110A--DOMESTIC VIOLENCE AND STALKING

           *       *       *       *       *       *       *


Sec. 2265A. Repeat offenders

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

Sec. 2266. Definitions

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

           *       *       *       *       *       *       *


CHAPTER 111--SHIPPING

           *       *       *       *       *       *       *


Sec. 2281. Violence against maritime fixed platforms

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

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


Sec. 2291. Destruction of vessel or maritime facility

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

           *       *       *       *       *       *       *


Sec. 2293. Bar to prosecution

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

           *       *       *       *       *       *       *


CHAPTER 113--STOLEN PROPERTY

           *       *       *       *       *       *       *


Sec. 2313. Sale or receipt of stolen vehicles

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


CHAPTER 113B--TERRORISM

           *       *       *       *       *       *       *


Sec. 2332b. Acts of terrorism transcending national boundaries

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


Sec. 2339C. Prohibitions against the financing of terrorism

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

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

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

           *       *       *       *       *       *       *


CHAPTER 114--TRAFFICKING IN CONTRABAND CIGARETTES AND SMOKELESS TOBACCO

Sec. 2341. Definitions

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

           *       *       *       *       *       *       *


CHAPTER 115--TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

           *       *       *       *       *       *       *


Sec. 2384. Seditious conspiracy

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

Sec. 2385. Advocating overthrow of Government

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

Sec. 2386. Registration of certain organizations

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

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


Sec. 2426. Repeat offenders

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

           *       *       *       *       *       *       *


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

Sec. 2510. Definitions

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

           *       *       *       *       *       *       *


PART II--CRIMINAL PROCEDURE

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


Sec. 3077. Definitions

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

           *       *       *       *       *       *       *


CHAPTER 206--PEN REGISTERS AND TRAP AND TRACE DEVICES

           *       *       *       *       *       *       *


Sec. 3127. Definitions for chapter

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

           *       *       *       *       *       *       *


CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

           *       *       *       *       *       *       *


Sec. 3156. Definitions

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

           *       *       *       *       *       *       *


                        CHAPTER 209--EXTRADITION

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

           *       *       *       *       *       *       *


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

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

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

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

           *       *       *       *       *       *       *


Sec. 3194. Transportation of fugitive by receiving agent

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

           *       *       *       *       *       *       *


                  CHAPTER 223--WITNESSES AND EVIDENCE

Sec. 3481. Competency of accused

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

                  CHAPTER 224--PROTECTION OF WITNESSES

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

           *       *       *       *       *       *       *


[Sec. 3528. Definition

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

           *       *       *       *       *       *       *


                         CHAPTER 227--SENTENCES

SUBCHAPTER A--GENERAL PROVISIONS

           *       *       *       *       *       *       *


Sec. 3559. Sentencing classification of offenses

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

SUBCHAPTER B--PROBATION

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Sec. 3563. Conditions of probation

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

           *       *       *       *       *       *       *


PART III--PRISONS AND PRISONERS

           *       *       *       *       *       *       *


CHAPTER 301--GENERAL PROVISIONS

           *       *       *       *       *       *       *


Sec. 4002. Federal prisoners in State institutions; employment

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

Sec. 4003. Federal institutions in States without appropriate 
                    facilities

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

           *       *       *       *       *       *       *


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

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

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CHAPTER 306--TRANSFER TO OR FROM FOREIGN COUNTRIES

           *       *       *       *       *       *       *


Sec. 4101. Definitions

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

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PART IV--CORRECTION OF YOUTHFUL OFFENDERS

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CHAPTER 401--GENERAL PROVISIONS

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Sec. 5003. Custody of State offenders

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

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CHAPTER 403--JUVENILE DELINQUENCY

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

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

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TITLE 28, UNITED STATES CODE

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PART II--DEPARTMENT OF JUSTICE

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                    CHAPTER 31--THE ATTORNEY GENERAL

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

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

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

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