I 

113TH CONGRESS 

1ST SESSION H. R. 1860 

To modernize, shorten, and simplify the Federal criminal code, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2013 

Mr. SENSENBRENNER introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To modernize, shorten, and simplify the Federal criminal 

code, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Criminal Code Mod5 ernization and Simplification Act of 2013’’. 

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

7 CODE. 

8 Part I of title 18, United States Code, is amended 

9 to read as follows: 


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1 ‘‘PART I—GENERAL PROVISIONS AND OFFENSES 

‘‘Chapter 

‘‘1. Definitions ..................................................................................... 1 

‘‘3. Criminal responsibility ............................................................. 2 

‘‘5. Other general provisions ......................................................... 21 

‘‘10. Violent crimes against persons ........................................... 101 

‘‘13. Sex crimes .................................................................................... 201 

‘‘15. National security and related crimes ............................... 261 

‘‘17. Drug crimes ................................................................................ 401 

‘‘19. Organized crime ........................................................................ 501 

‘‘21. Arson, firearms, explosives, and weapons crimes ....... 571 

‘‘23. Theft and related crimes ....................................................... 641 

‘‘25. Fraud and false statement crimes ...................................... 771 

‘‘27. Crimes related to Federal Government responsibilities .............................................................................. 851 

‘‘29. Crimes related to protection of Government functions and integrity ................................................ 991 

‘‘31. International law crimes ....................................................... 1251 

‘‘33. Transportation-related crimes ............................................ 1301 

‘‘35. Regulatory crimes .................................................................... 1371 

‘‘37. Privacy .......................................................................................... 1481 

‘‘50. Forfeiture ..................................................................................... 2501 

2 ‘‘CHAPTER 1—DEFINITIONS 

‘‘1. Definitions for title. 

3 ‘‘§ 1. Definitions for title 

4 ‘‘In this title, the following definitions apply unless 

5 otherwise provided: 

6 ‘‘(1) The term ‘person’ and the term ‘whoever’, 

7 unless the context otherwise requires, include any 

8 entity capable of holding a legal or beneficial interest 

9 in property as well as an individual, and where used 

10 as a victim of an offense, includes a government. 

11 ‘‘(2) The term ‘minor’ means an individual who 

12 is less than 18 years of age. 


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1 ‘‘(3) The term ‘national of the United States’ 

2 has the meaning given in section 101(a)(22) of the 

3 Immigration and Nationality Act. 

4 ‘‘(4) The term ‘organization’ means a person 

5 other than an individual. 

6 ‘‘(5) The term ‘department’ means one of the 

7 executive departments enumerated in section 1 of 

8 title 5, unless the context shows that such term was 

9 intended to describe the executive, legislative, or ju10 dicial branches of the Government. 

11 ‘‘(6) The term ‘agency’ means any department, 

12 independent establishment, commission, administra13 tion, authority, board, or bureau of the United 

14 States or any corporation in which the United States 

15 has a proprietary interest, unless the context shows 

16 that such term was intended to be used in a more 

17 limited sense. 

18 ‘‘(7) The term ‘Postal Service’ means the 

19 United States Postal Service established under title 

20 39, and every officer and employee of that Service, 

21 whether or not such officer or employee has taken 

22 the oath of office. 

23 ‘‘(8) The term ‘court of the United States’ in24 cludes the District Court of Guam, the District 


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1 Court for the Northern Mariana Islands, and the 

2 District Court of the Virgin Islands. 

3 ‘‘(9) The term ‘foreign government’ except in 

4 sections 102, 112, 121, 144, or 928, includes any 

5 government, faction, or body of insurgents within a 

6 country with which the United States is at peace, ir7 respective of recognition by the United States. 

8 ‘‘(10) The term ‘crime of violence’ means— 

9 ‘‘(A) an offense that has as an element the 

10 use, attempted use, or threatened use of phys11 ical force against the person or property of an12 other; or 

13 ‘‘(B) any other offense that is a felony and 

14 that, by its nature, involves a substantial risk 

15 that physical force against the person or prop16 erty of another may be used in the course of 

17 committing the offense. 

18 ‘‘(11) The term ‘petty offense’ means a Class B 

19 misdemeanor, a Class C misdemeanor, or an infrac20 tion, for which the maximum fine is no greater than 

21 the amount set forth for such an offense in 

22 571(b)(6) or (7) in the case of an individual or sec23 tion 3571(c)(6) or (7) in the case of an organization. 

24 ‘‘(12) The term ‘United States’, unless the con25 text otherwise requires, includes all places and 


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1 waters, continental or insular, subject to the juris2 diction of the United States. 

3 ‘‘(13) The term ‘State’ means a State of the 

4 United States, the District of Columbia, or any com5 monwealth, territory, or possession of the United 

6 States. 

7 ‘‘(14) The term ‘interstate commerce’ means 

8 commerce between or among more than one State. 

9 ‘‘(15) The term ‘foreign commerce’ means com10 merce with a foreign country. 

11 ‘‘(16) The term ‘facility of interstate or foreign 

12 commerce’ includes a means of transportation and 

13 communication in or affecting interstate or foreign 

14 commerce. 

15 ‘‘(17) The term ‘health care benefit program’ 

16 means any public or private plan or contract, affect17 ing commerce, under which any medical benefit, 

18 item, or service is provided to any individual, and in19 cludes any individual or entity who is providing a 

20 medical benefit, item, or service for which payment 

21 may be made under the plan or contract. 

22 ‘‘(18) The term ‘Federal health care offense’ 

23 means a violation of— 

24 ‘‘(A) section 655, 792, or 806 of this title, 

25 or section 1128B of the Social Security Act; or 


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1 ‘‘(B) section 504, 651, 653, 772, 782, 801, 

2 803, or 1017 of this title, section 411, 518, or 

3 511 of the Employee Retirement Income Secu4 rity Act of 1974, section 301 of the Federal 

5 Food, Drug, and Cosmetic Act, or section 501 

6 of the Employee Retirement Income Security 

7 Act of 1974, if the violation relates to a health 

8 care benefit program. 

9 ‘‘(19) The term ‘financial institution’ means— 

10 ‘‘(A) an insured depository institution (as 

11 defined in section 3(c)(2) of the Federal De12 posit Insurance Act); 

13 ‘‘(B) a credit union with accounts insured 

14 by the National Credit Union Administration; 

15 ‘‘(C) a Federal home loan bank or a mem16 ber of the Federal home loan bank system (as 

17 such terms are defined in section 2 of the Fed18 eral Home Loan Bank Act); 

19 ‘‘(D) a System institution of the Farm 

20 Credit System (as defined in section 5.35(3) of 

21 the Farm Credit Act of 1971); 

22 ‘‘(E) a small business investment company 

23 (as defined in section 103 of the Small Busi24 ness Investment Act of 1958); 


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1 ‘‘(F) a depository institution holding com2 pany (as defined in section 3(w)(1) of the Fed3 eral Deposit Insurance Act); 

4 ‘‘(G) a Federal Reserve bank or a member 

5 bank of the Federal Reserve System; 

6 ‘‘(H) an organization operating under sec7 tion 25 or section 25A of the Federal Reserve 

8 Act; 

9 ‘‘(I) a branch or agency of a foreign bank 

10 (as such terms are defined in section 1(b) of 

11 the International Banking Act of 1978); and 

12 ‘‘(J) a mortgage lending business or any 

13 person or entity that makes in whole or in part 

14 a federally related mortgage loan (as defined in 

15 section 3 of the Real Estate Settlement Proce16 dures Act of 1974). 

17 ‘‘(20) The term ‘mortgage lending business’ 

18 means an organization which finances or refinances 

19 any debt secured by an interest in real estate, in20 cluding private mortgage companies and any subsidi21 aries of such organizations, and whose activities af22 fect interstate or foreign commerce. 

23 ‘‘(21) The term ‘national bank’ is synonymous 

24 with ‘national banking association’. 


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1 ‘‘(22) The term ‘obligation or other security of 

2 any foreign government’ includes uncanceled stamps, 

3 whether or not demonetized. 

4 ‘‘(23) The term ‘special maritime and territorial 

5 jurisdiction of the United States’ means the fol6 lowing: 

7 ‘‘(A) The high seas, any other waters with8 in the admiralty and maritime jurisdiction of 

9 the United States and out of the jurisdiction of 

10 any particular State, and any vessel belonging 

11 in whole or in part to the United States or any 

12 citizen thereof, or to any corporation created by 

13 or under the laws of the United States, or of 

14 any State, when such vessel is within the admi15 ralty and maritime jurisdiction of the United 

16 States and out of the jurisdiction of any par17 ticular State. 

18 ‘‘(B) Any vessel registered, licensed, or en19 rolled under the laws of the United States, and 

20 being on a voyage upon the waters of any of the 

21 Great Lakes, or any of the waters connecting 

22 them, or upon the Saint Lawrence River where 

23 the same constitutes the International Bound24 ary Line. 


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1 ‘‘(C) Any lands reserved or acquired for 

2 the use of the United States, and under the ex3 clusive or concurrent jurisdiction thereof, or any 

4 place purchased or otherwise acquired by the 

5 United States by consent of the legislature of 

6 the State in which the same shall be, for the 

7 erection of a fort, magazine, arsenal, dockyard, 

8 or other needful building. 

9 ‘‘(D) Any aircraft belonging in whole or in 

10 part to the United States, or any citizen there11 of, or to any corporation created by or under 

12 the laws of the United States, or any State, 

13 while such aircraft is in flight over the high 

14 seas, or over any other waters within the admi15 ralty and maritime jurisdiction of the United 

16 States and out of the jurisdiction of any par17 ticular State. 

18 ‘‘(E) Any vehicle used or designed for 

19 flight or navigation in space and on the registry 

20 of the United States pursuant to the Treaty on 

21 Principles Governing the Activities of States in 

22 the Exploration and Use of Outer Space, In23 cluding the Moon and Other Celestial Bodies 

24 and the Convention on Registration of Objects 

25 Launched into Outer Space, while that vehicle 


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1 is in flight, which is from the moment when all 

2 external doors are closed on Earth following 

3 embarkation until the moment when one such 

4 door is opened on Earth for disembarkation or 

5 in the case of a forced landing, until the com6 petent authorities take over the responsibility 

7 for the vehicle and for persons and property 

8 aboard. 

9 ‘‘(F) Any place outside the jurisdiction of 

10 any nation with respect to an offense by or 

11 against a national of the United States. 

12 ‘‘(G) To the extent permitted by inter13 national law, any foreign vessel during a voyage 

14 having a scheduled departure from or arrival in 

15 the United States with respect to an offense 

16 committed by or against a national of the 

17 United States. 

18 ‘‘(H) With respect to offenses committed 

19 by or against a national of the United States— 

20 ‘‘(i) the premises of United States 

21 diplomatic, consular, military, or other 

22 United States Government missions or en23 tities in foreign states, including the build24 ings, parts of buildings, and land appur25 tenant or ancillary thereto or used for purVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 poses of those missions or entities, irre2 spective of ownership; and 

3 ‘‘(ii) residences in foreign states and 

4 the land appurtenant or ancillary thereto, 

5 irrespective of ownership, used for pur6 poses of those missions or entities or used 

7 by United States personnel assigned to 

8 those missions or entities. 

9 Nothing in clause (ii) supersedes any treaty or 

10 international agreement. Clause (ii) does not 

11 apply with respect to an offense committed by 

12 a person described in section 3261(a). 

13 ‘‘(24) The term ‘vessel of the United States’ 

14 means a vessel belonging in whole or in part to the 

15 United States, or any citizen thereof, or any cor16 poration created by or under the laws of the United 

17 States, or of any State. 

18 ‘‘(25) The term ‘serious bodily injury’ means— 

19 ‘‘(A) bodily injury which involves— 

20 ‘‘(i) a substantial risk of death or un21 consciousness; 

22 ‘‘(ii) extreme physical pain; 

23 ‘‘(iii) protracted and obvious dis24 figurement; or 


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1 ‘‘(iv) protracted loss or impairment of 

2 the function of a bodily member, organ, or 

3 mental or sensory faculty; or 

4 ‘‘(B) the condition of being a victim of 

5 conduct that, had it occurred in the special 

6 maritime or territorial jurisdiction of the 

7 United States, would have violated subchapter 

8 A of chapter 13. 

9 ‘‘(26) The term ‘substantial bodily injury’ 

10 means bodily injury which involves— 

11 ‘‘(A) a temporary but substantial disfigure12 ment; or 

13 ‘‘(B) a temporary but substantial loss or 

14 impairment of the function of any bodily mem15 ber, organ, or mental or sensory faculty. 

16 ‘‘(27) The term ‘bodily injury’ means— 

17 ‘‘(A) a cut, abrasion, bruise, burn, or dis18 figurement; 

19 ‘‘(B) physical pain; 

20 ‘‘(C) illness; 

21 ‘‘(D) impairment of the function of a bod22 ily member, organ, or mental or sensory faculty; 

23 or 

24 ‘‘(E) any other injury to the body, no mat25 ter how temporary. 


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1 ‘‘(28) The term ‘controlled substance’ means a 

2 controlled substance as defined in section 102 of the 

3 Controlled Substances Act. 

4 ‘‘CHAPTER 3—CRIMINAL RESPONSIBILITY 

‘‘2. Principals. 

‘‘3. Accessory after the fact. 

‘‘4. Misprision of felony. 

‘‘5. Conspiracy. 

‘‘6. Attempt. 

‘‘7. Solicitation to commit a crime of violence. 

5 ‘‘§ 2. Principals 

6 ‘‘(a) GENERALLY.—Whoever commits an offense 

7 against the United States or aids, abets, counsels, com8 mands, induces, or procures its commission, is punishable 

9 as a principal. 

10 ‘‘(b) FOR CONDUCT OF OTHERS.—Whoever inten11 tionally causes conduct by another that is an offense 

12 against the United States, is punishable as a principal for 

13 that offense. 

14 ‘‘§ 3. Accessory after the fact 

15 ‘‘(a) OFFENSE.—Whoever, knowing that an offense 

16 against the United States has been committed, receives, 

17 relieves, comforts, or assists the offender in order to 

18 hinder or prevent his apprehension, trial, or punishment, 

19 is an accessory after the fact. 

20 ‘‘(b) PUNISHMENT.—Except as otherwise expressly 

21 provided by Act of Congress, an accessory after the fact 

22 shall be imprisoned not more than one-half the maximum 


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1 term of imprisonment or (notwithstanding section 3571) 

2 fined not more than one-half the maximum fine prescribed 

3 for the punishment of the principal, or both; or if the prin4 cipal is punishable by life imprisonment or death, the ac5 cessory shall be imprisoned not more than 15 years. 

6 ‘‘§ 4. Misprision of felony 

7 ‘‘Whoever, having knowledge of the actual commis8 sion of a felony offense against the United States, conceals 

9 and does not as soon as possible make known the same 

10 to some judge or other person in civil or military authority 

11 under the United States, shall be imprisoned not more 

12 than three years. 

13 ‘‘§ 5. Conspiracy 

14 ‘‘Unless otherwise provided by law, if two or more 

15 persons conspire to commit any offense against the United 

16 States, and one or more of such persons do any act to 

17 effect the object of the conspiracy, each shall be punished 

18 for the offense which is the object of the conspiracy. 

19 ‘‘§ 6. Attempt 

20 ‘‘Unless otherwise provided by law, whoever attempts 

21 to commit an offense shall be punished as is provided for 

22 the completed offense. 

23 ‘‘§ 7. Solicitation to commit a crime of violence 

24 ‘‘(a) OFFENSE.—Whoever, with intent that another 

25 person engage in a Federal offense that is a felony crime 


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1 of violence and under circumstances strongly corroborative 

2 of that intent, solicits such other person to engage in that 

3 offense, shall be imprisoned not more than one-half the 

4 maximum term of imprisonment or (notwithstanding sec5 tion 3571) fined not more than one-half of the maximum 

6 fine prescribed for the punishment of the crime solicited, 

7 or both; or if the crime solicited is punishable by life im8 prisonment or death, shall be imprisoned for not more 

9 than 20 years. 

10 ‘‘(b) AFFIRMATIVE DEFENSE.—It is an affirmative 

11 defense to a prosecution under this section that, under cir12 cumstances manifesting a voluntary and complete renunci13 ation of his criminal intent, the defendant prevented the 

14 commission of the crime solicited. A renunciation is not 

15 ‘voluntary and complete’ if it is motivated in whole or in 

16 part by a decision to postpone the commission of the crime 

17 until another time or to substitute another victim or an18 other but similar objective. 

19 ‘‘(c) LIMITATION ON DEFENSES.—It is not a defense 

20 to a prosecution under this section that the person solic21 ited could not be convicted of the crime because that per22 son lacked the state of mind required for its commission, 

23 was incompetent or irresponsible, or is immune from pros24 ecution, or not subject to, prosecution. 


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1 ‘‘CHAPTER 5—OTHER GENERAL 

2 PROVISIONS 

3 ‘‘SUBCHAPTER A—DEFENSES 

‘‘Sec. 

‘‘21. Affirmative defenses. 

‘‘22. Insanity defense. 

4 ‘‘§ 21. Affirmative defenses 

5 ‘‘If a provision of law provides an affirmative defense 

6 to a prosecution for an offense, the defendant must prove 

7 the elements of that defense by a preponderance of the 

8 evidence. 

9 ‘‘§ 22. Insanity defense 

10 ‘‘(a) AFFIRMATIVE DEFENSE.—It is an affirmative 

11 defense to a prosecution under any Federal statute that, 

12 at the time of the commission of the acts constituting the 

13 offense, the defendant, as a result of a severe mental dis14 ease or defect, was unable to appreciate the nature and 

15 quality or the wrongfulness of his acts. Mental disease or 

16 defect does not otherwise constitute a defense. 

17 ‘‘(b) BURDEN OF PROOF.—The defendant has the 

18 burden of proving the defense of insanity by clear and con19 vincing evidence. 

20 ‘‘SUBCHAPTER B—GENERAL RULES 

21 PERTAINING TO CRIMINAL OFFENSES 

‘‘Sec. 

‘‘31. Non-preemption. 

‘‘32. Extraterritorial jurisdiction over derivative offenses. 


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1 ‘‘§ 31. Non-preemption 

2 ‘‘The existence of a Federal criminal offense does not 

3 preclude the application of a State or local law to the con4 duct proscribed by the offense, unless the law specifically 

5 so provides or the State or local law requires conduct con6 stituting the Federal criminal offense. 

7 ‘‘§ 32. Extraterritorial jurisdiction over derivative of8 fenses 

9 ‘‘If extraterritorial jurisdiction exists for an offense 

10 defined by a provision of law, then extraterritorial jurisdic11 tion also exists for any offense arising under chapter 3 

12 as a result of conduct with respect the offense so defined. 

13 ‘‘§ 33. State of mind requirements generally 

14 ‘‘(a) FOR CONDUCT.—Unless otherwise provided in 

15 the provision defining an offense, the state of mind re16 quired to prove the conduct required for the offense is 

17 knowingly. 

18 ‘‘(b) FOR CIRCUMSTANCES AND RESULTS.—Unless 

19 otherwise provided in the provision defining the offense, 

20 the state of mind required to prove the conduct required 

21 for the offense is the same as the state of mind required 

22 to prove the conduct. 

23 ‘‘CHAPTER 10—VIOLENT CRIMES AGAINST 

24 PERSONS 

25 ‘‘SUBCHAPTER A—HOMICIDE 

‘‘101. Homicide. 


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‘‘102. Federally punishable homicides. 

‘‘103. Penalties for murders punishable under section 102; attempts. 

‘‘104. Penalties for manslaughters punishable under section 102; attempts. 

‘‘105. Misconduct or neglect of ship officers. 

1 ‘‘§ 101. Homicide 

2 ‘‘Unless otherwise provided by an Act of Congress, 

3 if a Federal law makes the killing of a human being an 

4 offense, the following categories shall apply with respect 

5 to that offense: 

6 ‘‘(1) MURDER.— 

7 ‘‘(A) ELEMENTS OF OFFENSE.—Murder is the 

8 unlawful killing of a human being with malice 

9 aforethought. Every murder perpetrated by poison, 

10 lying in wait, or any other kind of willful, deliberate, 

11 malicious, and premeditated killing; or committed in 

12 the perpetration of, or attempt to perpetrate, any 

13 arson, escape, murder, kidnapping, treason, espio14 nage, sabotage, aggravated sexual abuse or sexual 

15 abuse, child abuse, burglary, or robbery; or per16 petrated as part of a pattern or practice of assault 

17 or torture against a child or children; or perpetrated 

18 from a premeditated design unlawfully and mali19 ciously to effect the death of any human being other 

20 than him who is killed, is murder in the first degree. 

21 Any other murder is murder in the second degree. 

22 ‘‘(B) DEFINITIONS.—In this paragraph— 


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1 ‘‘(i) the term ‘assault’ means conduct that 

2 consists of an assault as described in section 

3 111; 

4 ‘‘(ii) the term ‘child’ means a child who is 

5 under the perpetrator’s care or control or at 

6 least six years younger than the perpetrator; 

7 ‘‘(iii) the term ‘child abuse’ means inten8 tionally causing death or serious bodily injury 

9 to a child; 

10 ‘‘(iv) the term ‘pattern or practice of as11 sault or torture’ means assault or torture en12 gaged in on at least two occasions; and 

13 ‘‘(v) the term ‘torture’ means conduct, 

14 whether or not committed under the color of 

15 law, that otherwise satisfies the definition of 

16 that term set forth in section 1292. 

17 ‘‘(2) MANSLAUGHTER.—Manslaughter is the unlaw18 ful killing of a human being without malice. It is of two 

19 kinds: 

20 ‘‘(A) VOLUNTARY.—Upon a sudden quarrel or 

21 heat of passion. 

22 ‘‘(B) INVOLUNTARY.—In the commission of an 

23 unlawful act not amounting to a felony, or in the 

24 commission in an unlawful manner, or without due 


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1 caution and circumspection, of a lawful act which 

2 might produce death. 

3 ‘‘§ 102. Federally punishable homicides 

4 ‘‘In addition to any other homicides made punishable 

5 by law, the following are Federal offenses: 

6 ‘‘(1) SPECIAL MARITIME AND TERRITORIAL JU7 RISDICTION.—A killing of an individual in the spe8 cial maritime and territorial jurisdiction of the 

9 United States. 

10 ‘‘(2) OFFICERS AND EMPLOYEES AND FORMER

11 OFFICERS AND EMPLOYEES OF THE UNITED

12 STATES.—A killing of any officer or employee, or 

13 any former officer or employee, of the United States 

14 or of any agency in any branch of the United States 

15 Government (including any member of the uni16 formed services) while such officer or employee is en17 gaged in or on account of the performance of official 

18 duties, or any individual assisting such an officer or 

19 employee in the performance of such duties or on ac20 count of that assistance. 

21 ‘‘(3) FAMILY MEMBERS OF OFFICERS AND EM22 PLOYEES AND FORMER OFFICERS AND EMPLOYEES

23 OF THE UNITED STATES.—A killing, with the intent 

24 to impede, intimidate, or interfere with an individual 

25 described in paragraph (2) while that individual is 


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1 engaged in the performance of official duties, or 

2 with intent to retaliate against such individual on 

3 account of the performance of official duties of that 

4 individual, of a member of that individual’s family. 

5 ‘‘(4) FOREIGN OFFICIALS, OFFICIAL GUESTS, 

6 AND INTERNATIONALLY PROTECTED PERSONS.—A 

7 killing of a foreign official, official guest, or inter8 nationally protected person. 

9 ‘‘(5) KILLINGS BY ESCAPED PRISONER.—A kill10 ing by an individual who has escaped from a Federal 

11 correctional institution where the individual was con12 fined under a sentence for a term of life imprison13 ment. 

14 ‘‘(6) CONGRESSIONAL, CABINET, AND SUPREME

15 COURT ASSASSINATION.—A killing of an individual 

16 who is a Member of Congress or a Member-of-Con17 gress-elect, a member of the executive branch of the 

18 Government who is the head, or a person nominated 

19 to be head during the pendency of such nomination, 

20 of a department listed in section 101 of title 5 or 

21 the second ranking official in such department, the 

22 Director (or a person nomrinated to be Director dur23 ing the pendency of such nomination) or Principal 

24 Deputy Director of National Intelligence, the Direc25 tor (or a person nominated to be Director during the 


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1 pendency of such nomination) or Deputy Director of 

2 the Central Intelligence Agency, or a Justice of the 

3 United States, as defined in section 451 of title 28, 

4 or a person nominated to be a Justice of the United 

5 States, during the pendency of such nomination. 

6 ‘‘(7) PRESIDENTIAL AND PRESIDENTIAL STAFF

7 ASSASSINATION.—A killing of an individual who is— 

8 ‘‘(A) the President of the United States, 

9 the President-elect, the Vice President, or, if 

10 there is no Vice President, the officer next in 

11 the order of succession to the Office of the 

12 President of the United States, the Vice Presi13 dent-elect, or any person who is acting as Presi14 dent under the Constitution and laws of the 

15 United States; 

16 ‘‘(B) a major Presidential or Vice Presi17 dential candidate (as defined in section 3056); 

18 or 

19 ‘‘(C) a person appointed under section 

20 105(a)(2)(A) of title 3 employed in the Execu21 tive Office of the President or appointed under 

22 section 106(a)(1)(A) of title 3 employed in the 

23 Office of the Vice President. 


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1 ‘‘(8) OF NATIONAL ABROAD.—A killing of an 

2 individual outside the United States who is a na3 tional of the United States. 

4 ‘‘(9) KILLINGS BY PRISONER.—A killing of an 

5 individual by a person confined under a sentence of 

6 life imprisonment in a Federal correctional facility. 

7 ‘‘§ 103. Penalties for murders punishable under sec8 tion 102; attempts 

9 ‘‘(a) MURDER.—A murder that is an offense under 

10 section 102 is punishable by— 

11 ‘‘(1) death or imprisonment for life for first de12 gree murder; and 

13 ‘‘(2) imprisonment for any term of years or for 

14 life for second degree murder. 

15 ‘‘(b) ATTEMPTED MURDER.— 

16 ‘‘(1) GENERALLY.—Except as provided in para17 graph (2), whoever attempts to commit a murder 

18 that is an offense under section 102 shall be impris19 oned not more than 20 years. 

20 ‘‘(2) SPECIAL RULE RELATING TO CONGRES21 SIONAL, CABINET, AND SUPREME COURT ASSASSINA22 TIONS AND PRESIDENTIAL AND PRESIDENTIAL

23 STAFF ASSASSINATIONS.—If the offense attempted is 

24 against an individual described in paragraph (6) or 


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1 (7) of section 102, the penalty is imprisonment for 

2 any term of years or for life. 

3 ‘‘§ 104. Penalties for manslaughters punishable under 

4 section 102; attempts 

5 ‘‘(a) PENALTY FOR MANSLAUGHTER.—A man6 slaughter that is an offense under section 102 is punish7 able by— 

8 ‘‘(1) imprisonment for not more than ten years, 

9 for voluntary manslaughter; and 

10 ‘‘(2) imprisonment for not more than six years, 

11 for involuntary manslaughter. 

12 ‘‘(b) ATTEMPTED MANSLAUGHTER.—Whoever at13 tempts to commit a manslaughter that would be punish14 able under section 102 shall be imprisoned not more than 

15 7 years. 

16 ‘‘§ 105. Misconduct or neglect of ship officers 

17 ‘‘(a) OFFICERS.—Every captain, engineer, pilot, or 

18 other person employed on any steamboat or vessel, by 

19 whose misconduct, negligence, or inattention to his duties 

20 on such vessel the life of any person is destroyed, and 

21 every owner, charterer, inspector, or other public officer, 

22 through whose fraud, neglect, connivance, misconduct, or 

23 violation of law the life of any person is destroyed, shall 

24 be imprisoned not more than ten years. 


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1 ‘‘(b) OWNERS.—When the owner or charterer of any 

2 steamboat or vessel is a corporation, any executive officer 

3 of such corporation, for the time being actually charged 

4 with the control and management of the operation, equip5 ment, or navigation of such steamboat or vessel, who has 

6 knowingly caused or allowed such fraud, neglect, conniv7 ance, misconduct, or knowing violation of law, by which 

8 the life of any person is destroyed, shall be imprisoned 

9 not more than ten years. 

10 ‘‘SUBCHAPTER B—ASSAULT AND RELATED 

11 OFFENSES 

‘‘111. Assault. 

‘‘112. Individuals federally protected from assault. 

‘‘113. Interference with Federal officers and employees. 

‘‘114. Domestic assault by a habitual offender. 

‘‘115. Transportation for purposes of female genital mutilation. 

12 ‘‘§ 111. Assault 

13 ‘‘Unless otherwise provided by Act of Congress, if a 

14 Federal law prohibits an assault against an individual, the 

15 following punishments shall apply with respect to that of16 fense: 

17 ‘‘(1) Assault with intent to commit murder, a 

18 felony under subchapter A of chapter 10, or with in19 tent to maim, disfigure, or torture, by imprisonment 

20 for not more than 20 years. 

21 ‘‘(2) Assault with intent to commit any felony, 

22 except murder or a felony under subchapter A of 


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1 chapter 10, by imprisonment for not more than ten 

2 years. 

3 ‘‘(3) Assault with a dangerous weapon, with in4 tent to do bodily harm, and without just cause or ex5 cuse, by imprisonment for not more than ten years. 

6 ‘‘(4) Assault resulting in serious bodily injury, 

7 by imprisonment for not more than ten years. 

8 ‘‘(5) Assault resulting in substantial bodily in9 jury to an individual who has not attained the age 

10 of 16 years, by imprisonment for not more than 5 

11 years. 

12 ‘‘(6) Assault by striking, beating, or wounding, 

13 by imprisonment for not more than six months. 

14 ‘‘(7) Simple assault, by imprisonment for not 

15 more than six months, or if the victim of the assault 

16 is an individual who has not attained the age of 16 

17 years, by imprisonment for not more than 1 year. 

18 ‘‘§ 112. Individuals federally protected from assault 

19 ‘‘It is an offense to assault any individual whose kill20 ing is a Federal offense under paragraph (1), (2), (3), (4), 

21 (6), or (7) of section 102. 

22 ‘‘§ 113. Interference with Federal officers and em23 ployees 

24 ‘‘Whoever interferes with any officer or employee of 

25 the United States or of any agency in any branch of the 


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1 United States Government (including any member of the 

2 uniformed services) while such officer or employee is en3 gaged in or on account of the performance of official du4 ties, or any individual assisting such an officer or em5 ployee in the performance of such duties or on account 

6 of that assistance while that person is engaged in, or on 

7 account of, the performance, official duties shall be impris8 oned not more than one year. 

9 ‘‘§ 114. Domestic assault by a habitual offender 

10 ‘‘(a) IN GENERAL.—Whoever commits a domestic as11 sault within the special maritime and territorial jurisdic12 tion of the United States or Indian country and who has 

13 a final conviction on at least 2 separate prior occasions 

14 in Federal, State, or Indian tribal court proceedings for 

15 offenses that would be, if subject to Federal jurisdiction— 

16 ‘‘(1) any assault, sexual abuse, or serious vio17 lent felony against a spouse or intimate partner; or 

18 ‘‘(2) an offense under section 161, 

19 shall be imprisoned for a term of not more than 5 years, 

20 but if substantial bodily injury results from the offense 

21 under this section, the offender shall be imprisoned for 

22 a term of not more than 10 years. 

23 ‘‘(b) DOMESTIC ASSAULT DEFINED.—In this section, 

24 the term ‘domestic assault’ means an assault committed 

25 by a current or former spouse, parent, child, or guardian 


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1 of the victim, by a person with whom the victim shares 

2 a child in common, by a person who is cohabitating with 

3 or has cohabitated with the victim as a spouse, parent, 

4 child, or guardian, or by a person similarly situated to a 

5 spouse, parent, child, or guardian of the victim. 

6 ‘‘§ 115. Transportation for purposes of female genital 

7 mutilation 

8 ‘‘Whoever, in or affecting interstate or foreign com9 merce, transports a person for purposes of circumcises, 

10 excises, or infibulates the whole or any part of the labia 

11 majora or labia minora or clitoris of another person who 

12 has not attained the age of 18 years shall be fined under 

13 this title or imprisoned not more than 5 years, or both. 

14 (b) A surgical operation is not a violation of this section 

15 if the operation is— (1) necessary to the health of the 

16 person on whom it is performed, and is performed by a 

17 person licensed in the place of its performance as a med18 ical practitioner; or (2) performed on a person in labor 

19 or who has just given birth and is performed for medical 

20 purposes connected with that labor or birth by a person 

21 licensed in the place it is performed as a medical practi22 tioner, midwife, or person in training to become such a 

23 practitioner or midwife. 

24 ‘‘SUBCHAPTER C—KIDNAPPING 

‘‘121. Kidnapping. 

‘‘122. Ransom money. 


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‘‘123. Hostage taking. 

‘‘124. International parental kidnapping. 

1 ‘‘§ 121. Kidnapping 

2 ‘‘(a) BASIC OFFENSE.—Except in the case of a child 

3 by the parent thereof, whoever, as made applicable by sub4 section (b), kidnaps an individual shall be imprisoned for 

5 any term of years or for life and, if death results to any 

6 individual, shall be punished by death or life imprison7 ment. 

8 ‘‘(b) CIRCUMSTANCES REQUIRED.—Subsection (a) 

9 applies if— 

10 ‘‘(1) the victim is transported in interstate or 

11 foreign commerce; 

12 ‘‘(2) the victim’s body is transported in inter13 state or foreign commerce and the victim was alive 

14 when the transportation began; 

15 ‘‘(3) the offender travels in interstate or foreign 

16 commerce or uses the mail or any means, facility, or 

17 instrumentality of interstate or foreign commerce in 

18 committing or in furtherance of the commission of 

19 the offense; or 

20 ‘‘(4) the victim is an individual whose killing is 

21 a Federal offense under paragraph (1), (2), (4), (6), 

22 or (7) of section 102. 

23 ‘‘(c) PRESUMPTION.—With respect to a violation of 

24 subsection (a), based on the circumstance described in 


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1 subsection (b)(1), the failure to release the victim within 

2 24 hours after the victim was kidnapped creates a rebutta3 ble presumption that the victim has been transported in 

4 interstate or foreign commerce. However, the fact that the 

5 presumption under this section has not yet taken effect 

6 does not preclude a Federal investigation of a possible vio7 lation of this section. 

8 ‘‘(d) ATTEMPTS.—Whoever attempts to violate sub9 section (a) shall be punished by imprisonment for not 

10 more than 20 years but if the individual whose kidnapping 

11 was attempted is described in paragraph (6) or (7) of sec12 tion 102, the offender shall be imprisoned for any term 

13 of years or for life. 

14 ‘‘(e) SPECIAL RULE FOR CERTAIN OFFENSES IN15 VOLVING CHILDREN.—If the victim of an offense under 

16 this section is a minor and the offender— 

17 ‘‘(1) is not a minor; and 

18 ‘‘(2) is not— 

19 ‘‘(A) a parent; 

20 ‘‘(B) a grandparent; 

21 ‘‘(C) a brother; 

22 ‘‘(D) a sister; 

23 ‘‘(E) an aunt; 

24 ‘‘(F) an uncle; or 


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1 ‘‘(G) an individual having legal custody of 

2 the victim; 

3 the sentence under this section for such offense shall in4 clude imprisonment for not less than 20 years. 

5 ‘‘(f) DEFINITION.—As used in this section, the term 

6 ‘parent’ does not include a person whose parental rights 

7 with respect to the victim of an offense under this section 

8 have been terminated by a final court order. 

9 ‘‘§ 122. Ransom money 

10 ‘‘(a) FEDERAL.—Whoever receives, possesses, or dis11 poses of any money or other property, or any portion 

12 thereof, which has at any time been delivered as ransom 

13 or reward in connection with a violation of section 121, 

14 knowing it to be such, shall be imprisoned not more than 

15 ten years. 

16 ‘‘(b) STATE.—Whoever transports, transmits, or 

17 transfers in interstate or foreign commerce any proceeds 

18 of a kidnapping punishable under State law by imprison19 ment for more than 1 year, or receives, possesses, con20 ceals, or disposes of any such proceeds after they have 

21 crossed a State or United States boundary, knowing the 

22 proceeds to have been unlawfully obtained, shall be impris23 oned not more than 10 years. 


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1 ‘‘§ 123. Hostage taking 

2 ‘‘(a) OFFENSE.—Except as provided in subsection (b) 

3 of this section, whoever, whether inside or outside the 

4 United States, seizes or detains and threatens to kill, to 

5 injure, or to continue to detain another person in order 

6 to compel a third person or a governmental organization 

7 to do or abstain from doing any act as an explicit or im8 plicit condition for the release of the person detained shall 

9 be punished by imprisonment for any term of years or for 

10 life and, if the death of any person results, shall be pun11 ished by death or life imprisonment. 

12 ‘‘(b) EXCLUSIONS.— 

13 ‘‘(1) It is not an offense under this section if 

14 the conduct required for the offense occurred outside 

15 the United States unless— 

16 ‘‘(A) the offender or the person seized or 

17 detained is a national of the United States; 

18 ‘‘(B) the offender is found in the United 

19 States; or 

20 ‘‘(C) the governmental organization sought 

21 to be compelled is the Government of the 

22 United States. 

23 ‘‘(2) It is not an offense under this section if 

24 the conduct required for the offense occurred inside 

25 the United States, each alleged offender and each 

26 person seized or detained are nationals of the United 


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1 States, and each alleged offender is found in the 

2 United States, unless the governmental organization 

3 sought to be compelled is the Government of the 

4 United States. 

5 ‘‘§ 124. International parental kidnapping 

6 ‘‘(a) OFFENSE.—Whoever removes a child from the 

7 United States, or attempts to do so, or retains a child 

8 (who has been in the United States) outside the United 

9 States with intent to obstruct the lawful exercise of paren10 tal rights shall be imprisoned not more than 3 years. 

11 ‘‘(b) DEFINITIONS.—As used in this section— 

12 ‘‘(1) the term ‘child’ means a person who has 

13 not attained the age of 16 years; and 

14 ‘‘(2) the term ‘parental rights’, with respect to 

15 a child, means the right to physical custody of the 

16 child— 

17 ‘‘(A) whether joint or sole (and includes 

18 visiting rights); and 

19 ‘‘(B) whether arising by operation of law, 

20 court order, or legally binding agreement of the 

21 parties. 

22 ‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative 

23 defense under this section that— 

24 ‘‘(1) the defendant acted within the provisions 

25 of a valid court order granting the defendant legal 


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1 custody or visitation rights and that order was ob2 tained pursuant to the Uniform Child Custody Ju3 risdiction Act or the Uniform Child Custody Juris4 diction and Enforcement Act and was in effect at 

5 the time of the offense; 

6 ‘‘(2) the defendant was fleeing an incidence or 

7 pattern of domestic violence; or 

8 ‘‘(3) the defendant had physical custody of the 

9 child pursuant to a court order granting legal cus10 tody or visitation rights and failed to return the 

11 child as a result of circumstances beyond the defend12 ant’s control, and the defendant notified or made 

13 reasonable attempts to notify the other parent or 

14 lawful custodian of the child of such circumstances 

15 within 24 hours after the visitation period had ex16 pired and returned the child as soon as possible. 

17 ‘‘(d) EFFECT ON HAGUE CONVENTION.—This sec18 tion does not limit The Hague Convention on the Civil 

19 Aspects of International Parental Child Abduction, done 

20 at The Hague on October 25, 1980. 

21 ‘‘SUBCHAPTER D—THREATS AGAINST 

22 SPECIALLY PROTECTED PERSONS 

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


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1 ‘‘§ 131. Threats against officers or employees of the 

2 United States, and other specially pro3 tected persons 

4 ‘‘Whoever threatens to kill, kidnap, or inflict bodily 

5 harm upon— 

6 ‘‘(1) an individual described in paragraph (2) or 

7 (3) of section 102 on account of the performance of 

8 official duties; 

9 ‘‘(2) an individual described in paragraph (4), 

10 (6), or (7) of section 102; 

11 ‘‘(3) a former President of the United States; 

12 ‘‘(4) a member of the family of the President, 

13 the President-elect, the Vice President, or the Vice 

14 President-elect; 

15 ‘‘(5) a major candidate for the office of Presi16 dent or Vice President, or a member of the family 

17 of such candidate; or 

18 ‘‘(6) a person protected by the Secret Service 

19 under section 3056(a)(6); 

20 shall be imprisoned for not more than 10 years. 

21 ‘‘SUBCHAPTER E—DEFINITIONS AND GENERAL 

22 PROVISIONS FOR SUBCHAPTERS A THROUGH D 

‘‘136. Definitions for subchapters A through D. 

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


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1 ‘‘§ 136. Definitions for subchapters A through D 

2 ‘‘Unless otherwise provided, in subchapters A 

3 through D, the following definitions apply: 

4 ‘‘(1) The term ‘family’, with respect to an indi5 vidual, means— 

6 ‘‘(A) a spouse, parent, brother or sister, 

7 child, or person to whom the individual stands 

8 in loco parentis; or 

9 ‘‘(B) any other person living in the individ10 ual’s household and related to the individual by 

11 blood or marriage. 

12 ‘‘(2) The term ‘foreign government’ means the 

13 government of a foreign country, irrespective of rec14 ognition by the United States. 

15 ‘‘(3) The term ‘foreign official’ means— 

16 ‘‘(A) a Chief of State or the political equiv17 alent, President, Vice President, Prime Min18 ister, Ambassador, Foreign Minister, or other 

19 officer of Cabinet rank or above of a foreign 

20 government or the chief executive officer of an 

21 international organization, or any person who 

22 has previously served in such capacity, and any 

23 member of his family, while in the United 

24 States; or 

25 ‘‘(B) any person of a foreign nationality 

26 who is duly notified to the United States as an 


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1 officer or employee of a foreign government or 

2 international organization, and who is in the 

3 United States on official business, and any 

4 member of that person’s family whose presence 

5 in the United States is in connection with the 

6 presence of such officer or employee. 

7 ‘‘(4) The term ‘internationally protected person’ 

8 means an individual who is— 

9 ‘‘(A) a Chief of State or the political equiv10 alent, head of government, or Foreign Minister 

11 whenever such person is in a country other than 

12 his own and any member of that individual’s 

13 family accompanying that individual; or 

14 ‘‘(B) any other representative, officer, em15 ployee, or agent of the United States Govern16 ment, a foreign government, or international or17 ganization who at the time and place concerned 

18 is entitled pursuant to international law to spe19 cial protection against attack upon his person, 

20 freedom, or dignity, and any member of that in21 dividual’s family then forming part of his 

22 household. 

23 ‘‘(5) The term ‘international organization’ 

24 means a public international organization designated 

25 as such pursuant to section 1 of the International 


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1 Organizations Immunities Act or a public organiza2 tion created pursuant to treaty or other agreement 

3 under international law as an instrument through or 

4 by which two or more foreign governments engage in 

5 some aspect of their conduct of international affairs. 

6 ‘‘(6) The term ‘official guest’ means a citizen or 

7 national of a foreign country present in the United 

8 States as an official guest of the Government of the 

9 United States pursuant to designation as such by 

10 the Secretary of State. 

11 ‘‘(7) The terms ‘President-elect’ and ‘Vice 

12 President-elect’ mean those persons who are the ap13 parently successful candidates for the offices of 

14 President and Vice President, respectively, as 

15 ascertained from the result of the general elections 

16 held to determine the electors of President and Vice 

17 President under sections 1 and 2 of title 3. 

18 ‘‘§ 137. Special rules relating to offenses against cer19 tain types of victims 

20 ‘‘(a) EXTRATERRITORIAL JURISDICTION.— 

21 ‘‘(1) PRESIDENTIAL AND CONGRESSIONAL VIC22 TIMS.—There is extraterritorial jurisdiction over an 

23 offense under any of subchapters A through D 

24 against a victim described in paragraph (6) or (7) 

25 of section 102. 


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1 ‘‘(2) INTERNATIONALLY PROTECTED PER2 SONS.—There is extraterritorial jurisdiction over an 

3 offense under any of subchapters A through D the 

4 victim of which is an internationally protected per5 son outside the United States, if— 

6 ‘‘(A) the victim is a representative, officer, 

7 employee, or agent of the United States; 

8 ‘‘(B) an offender is a national of the 

9 United States; or 

10 ‘‘(C) an offender is afterwards found in the 

11 United States. 

12 ‘‘(b) USE OF MILITARY WITH RESPECT TO CERTAIN

13 OFFENSES.—With respect to an offense under this chap14 ter, or an attempt or conspiracy to commit such an of15 fense, if an element of the offense is that the victim be 

16 individual described in paragraph (6) or (7) of section 

17 102, a foreign official, an internationally protected person, 

18 or an official guest, the Attorney General may request as19 sistance from any Federal, State, or local agency, includ20 ing the Army, Navy, and Air Force. 

21 ‘‘(c) SPECIAL PROVISIONS RELATING TO OFFENSES

22 INVOLVING PRESIDENTIAL OR CONGRESSIONAL VIC23 TIMS.—With respect to an offense under paragraph (6) 

24 or (7) of section 102— 


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1 ‘‘(1) if Federal investigative or prosecutive ju2 risdiction is asserted, that assertion suspends the ex3 ercise of jurisdiction by a State or local authority, 

4 under any applicable State or local law, until Fed5 eral action is terminated; 

6 ‘‘(2) the Federal Bureau of Investigation shall 

7 have investigative authority; and 

8 ‘‘(3) in a prosecution, the Government need not 

9 prove that the defendant knew that the victim of the 

10 offense was an individual who is protected by that 

11 paragraph. 

12 ‘‘(d) ACTIONS REQUIRED FOR CERTAIN HOMICIDE

13 PROSECUTIONS.—No prosecution shall be undertaken for 

14 an offense under section 102(8) unless the named official 

15 takes one of the following actions: 

16 ‘‘(1) In the case of any such prosecution, the 

17 Attorney General or the highest ranking subordinate 

18 of the Attorney General with responsibility for crimi19 nal prosecutions certifies that, in the judgment of 

20 the certifying official, such offense was intended to 

21 coerce, intimidate, or retaliate against a government 

22 or a civilian population. 

23 ‘‘(2)(A) In the case of a killing by a national 

24 of the United States within the jurisdiction of an25 other country, the Attorney General, the Deputy AtVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 torney General, or an Assistant Attorney General 

2 approves the prosecution, which function of approv3 ing prosecutions may not be delegated. 

4 ‘‘(B) No prosecution shall be approved under 

5 this paragraph if prosecution has been previously 

6 undertaken by a foreign country for the same con7 duct. No prosecution shall be approved under this 

8 paragraph unless the Attorney General, in consulta9 tion with the Secretary of State, determines that the 

10 conduct took place in a country in which the person 

11 is no longer present, and the country lacks the abil12 ity to lawfully secure the person’s return. A deter13 mination by the Attorney General under this para14 graph is not subject to judicial review. 

15 ‘‘SUBCHAPTER F—ROBBERY, EXTORTION, AND 

16 RELATED THREATS 

‘‘141. Robbery in special maritime and territorial jurisdiction. 

‘‘142. Robbery of personal property of United States. 

‘‘143. Bank robbery and incidental crimes. 

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

‘‘145. Extortion by officers or employees of the United States. 

‘‘146. Receiving the proceeds of extortion. 

17 ‘‘§ 141. Robbery in special maritime and territorial ju18 risdiction 

19 ‘‘Whoever, within the special maritime and territorial 

20 jurisdiction of the United States, by force and violence, 

21 or by intimidation, takes or attempts to take from the perVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 son or presence of another anything of value, shall be im2 prisoned not more than 15 years. 

3 ‘‘§ 142. Robbery of personal property of United States 

4 ‘‘Whoever robs or attempts to rob another of any 

5 kind or description of personal property belonging to the 

6 United States, shall be imprisoned not more than 15 

7 years. 

8 ‘‘§ 143. Bank robbery and incidental crimes 

9 ‘‘(a) BANK ROBBERY.—Whoever— 

10 ‘‘(1) by force and violence, or by intimidation, 

11 takes, or attempts to take, from the person or pres12 ence of another, or obtains or attempts to obtain by 

13 extortion any property or money or any other thing 

14 of value belonging to, or in the care, custody, con15 trol, management, or possession of, any bank, credit 

16 union, or any savings and loan association; or 

17 ‘‘(2) enters or attempts to enter any bank, 

18 credit union, or any savings and loan association, or 

19 any building used in whole or in part as a bank, 

20 credit union, or as a savings and loan association, 

21 with intent to commit in such bank, credit union, or 

22 in such savings and loan association, or building, or 

23 part thereof, so used, any felony affecting such 

24 bank, credit union, or such savings and loan associaVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 tion and in violation of any statute of the United 

2 States, or any larceny; 

3 shall be imprisoned not more than 20 years. 

4 ‘‘(b) THEFT OF PROPERTY OVER $1,000 IN

5 VALUE.—Whoever takes and carries away, with intent to 

6 steal or purloin any property or money or any other thing 

7 of value exceeding $1,000 belonging to, or in the care, cus8 tody, control, management, or possession of any bank, 

9 credit union, or any savings and loan association, shall be 

10 imprisoned not more than ten years. 

11 ‘‘(c) THEFT OF PROPERTY OF $1,000 OR LESS IN

12 VALUE.—Whoever takes and carries away, with intent to 

13 steal or purloin, any property or money or any other thing 

14 of value not exceeding $1,000 belonging to, or in the care, 

15 custody, control, management, or possession of any bank, 

16 credit union, or any savings and loan association, shall be 

17 imprisoned not more than one year. 

18 ‘‘(d) RECEIVING STOLEN BANK PROPERTY.—Who19 ever receives, possesses, conceals, stores, barters, sells, or 

20 disposes of any property or money or other thing of value 

21 which has been taken or stolen from a bank, credit union, 

22 or savings and loan association in violation of subsection 

23 (b) or (c), knowing the same to be property which has 

24 been stolen shall be subject to the punishment provided 

25 in subsection (b) or (c) for the taker. 


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1 ‘‘(e) ASSAULTING PERSON OR PLACING LIFE IN

2 JEOPARDY.—Whoever, in committing, or in attempting to 

3 commit, any offense defined in subsections (a) through (c), 

4 assaults any person, or puts in jeopardy the life of any 

5 person by the use of a dangerous weapon or device, shall 

6 be imprisoned not more than 25 years. 

7 ‘‘(f) KILLING AND KIDNAPPING.—Whoever, in com8 mitting any offense defined in this section, or in avoiding 

9 or attempting to avoid apprehension for the commission 

10 of such offense, or in freeing himself or attempting to free 

11 himself from arrest or confinement for such offense, kills 

12 any person, or forces any person to accompany him with13 out the consent of such person, shall be imprisoned not 

14 less than ten years, or if death results shall be punished 

15 by death or life imprisonment. 

16 ‘‘(g) DEFINITIONS.—As used in this section— 

17 ‘‘(1) the term ‘bank’ means any member bank 

18 of the Federal Reserve System, and any bank, bank19 ing association, trust company, savings bank, or 

20 other banking institution organized or operating 

21 under the laws of the United States, including a 

22 branch or agency of a foreign bank (as such terms 

23 are defined in paragraphs (1) and (3) of section 1(b) 

24 of the International Banking Act of 1978), and any 


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1 institution the deposits of which are insured by the 

2 Federal Deposit Insurance Corporation; 

3 ‘‘(2) the term ‘credit union’ means any Federal 

4 credit union and any State-chartered credit union 

5 the accounts of which are insured by the National 

6 Credit Union Administration Board, and any ‘Fed7 eral credit union’ as defined in section 2 of the Fed8 eral Credit Union Act; 

9 ‘‘(3) the term ‘State-chartered credit union’ in10 cludes a credit union chartered under the laws of a 

11 State; and 

12 ‘‘(4) the term ‘savings and loan association’ 

13 means— 

14 ‘‘(A) a Federal savings association or State 

15 savings association (as defined in section 3(b) 

16 of the Federal Deposit Insurance Act) having 

17 accounts insured by the Federal Deposit Insur18 ance Corporation; and 

19 ‘‘(B) a corporation described in section 

20 3(b)(1)(C) of the Federal Deposit Insurance 

21 Act that is operating under the laws of the 

22 United States. 


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1 ‘‘§ 144. Communication of ransom demands and other 

2 threatening communications in or affect3 ing commerce 

4 ‘‘(a) KIDNAP RANSOM.—Whoever knowingly trans5 mits, in or affecting interstate or foreign commerce, any 

6 communication containing any demand or request for a 

7 ransom or reward for the release of any kidnapped person 

8 shall be imprisoned not more than 20 years. 

9 ‘‘(b) THREATS TO KIDNAP OR INJURE.—Whoever, 

10 with intent to extort from any person any money or other 

11 thing of value, knowingly transmits, in or affecting inter12 state commerce, any communication containing any threat 

13 to kidnap any person or any threat to injure the person 

14 of another, shall be imprisoned not more than 20 years. 

15 ‘‘(c) THREATS TO PROPERTY OR REPUTATION WITH

16 INTENT TO EXTORT.—Whoever, with intent to extort 

17 from any person any money or other thing of value, know18 ingly transmits, in or affecting interstate or foreign com19 merce, any communication containing any threat— 

20 ‘‘(1) to injure the property or reputation of an21 other or the reputation of a deceased person; or 

22 ‘‘(2) to accuse another of a crime; 

23 shall be imprisoned not more than 10 years. 


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1 ‘‘§ 145. Extortion by officers or employees of the 

2 United States 

3 ‘‘Whoever, being an officer, or employee of the United 

4 States or any department or agency thereof, or rep5 resenting oneself to be or assuming to act as such, under 

6 color or pretense of office or employment commits or at7 tempts an act of extortion, shall be imprisoned not more 

8 than three years; but if the amount so extorted or de9 manded does not exceed $1,000, the offender shall be im10 prisoned not more than one year. 

11 ‘‘§ 146. Receiving the proceeds of extortion 

12 ‘‘Whoever receives, possesses, conceals, or disposes of 

13 any money or other property which was obtained from the 

14 commission of any offense under this subchapter that is 

15 punishable by imprisonment for more than 1 year, know16 ing the same to have been unlawfully obtained, shall be 

17 imprisoned not more than 3 years. 

18 ‘‘SUBCHAPTER G—EXTORTIONATE CREDIT 

19 TRANSACTIONS 

‘‘155. Making extortionate extensions of credit. 

‘‘156. Financing extortionate extensions of credit. 

‘‘157. Collection of extensions of credit by extortionate means. 

‘‘158. Definitions and rules of construction. 

20 ‘‘§ 155. Making extortionate extensions of credit 

21 ‘‘(a) OFFENSE.—Whoever makes any extortionate ex22 tension of credit shall be imprisoned not more than 20 

23 years. 


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1 ‘‘(b) PRIMA FACIE EVIDENCE OF EXTORTIONATE

2 TRANSACTION.—In any prosecution under this section, if 

3 it is shown that all of the following factors were present 

4 in connection with the extension of credit in question, 

5 there is prima facie evidence that the extension of credit 

6 was extortionate: 

7 ‘‘(1) The repayment of the extension of credit, 

8 or the performance of any promise given in consider9 ation thereof, would be unenforceable, through civil 

10 judicial processes against the debtor— 

11 ‘‘(A) in the jurisdiction within which the 

12 debtor, if a natural person, resided; or 

13 ‘‘(B) in every jurisdiction within which the 

14 debtor, if other than a natural person, was in15 corporated or qualified to do business at the 

16 time the extension of credit was made. 

17 ‘‘(2) The extension of credit was made at a rate 

18 of interest in excess of an annual rate of 45 per cen19 tum calculated according to the actuarial method of 

20 allocating payments made on a debt between prin21 cipal and interest, pursuant to which a payment is 

22 applied first to the accumulated interest and the bal23 ance is applied to the unpaid principal. 

24 ‘‘(3) At the time the extension of credit was 

25 made, the debtor reasonably believed that either— 


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1 ‘‘(A) one or more extensions of credit by 

2 the creditor had been collected or attempted to 

3 be collected by extortionate means, or the non4 repayment thereof had been punished by extor5 tionate means; or 

6 ‘‘(B) the creditor had a reputation for the 

7 use of extortionate means to collect extensions 

8 of credit or to punish the nonrepayment there9 of. 

10 ‘‘(4) Upon the making of the extension of cred11 it, the total of the extensions of credit by the cred12 itor to the debtor then outstanding, including any 

13 unpaid interest or similar charges, exceeded $100. 

14 ‘‘(c) REPUTATION EVIDENCE.—In any prosecution 

15 under this section, if evidence is introduced tending to 

16 show the existence of any of the circumstances described 

17 in subsection (b)(1) or (b)(2), and direct evidence of the 

18 actual belief of the debtor as to the creditor’s collection 

19 practices is not available, then for the purpose of showing 

20 the understanding of the debtor and the creditor at the 

21 time the extension of credit was made, the court may in 

22 its discretion allow evidence to be introduced tending to 

23 show the reputation as to collection practices of the cred24 itor in any community of which the debtor was a member 

25 at the time of the extension. 


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1 ‘‘§ 156. Financing extortionate extensions of credit 

2 ‘‘Whoever knowingly advances money or property, 

3 whether as a gift, as a loan, as an investment, pursuant 

4 to a partnership or profit-sharing agreement, or otherwise, 

5 to any person, with reason to believe that it is the inten6 tion of that person to use the money or property so ad7 vanced directly or indirectly for the purpose of making ex8 tortionate extensions of credit, shall be imprisoned not 

9 more than 20 years. 

10 ‘‘§ 157. Collection of extensions of credit by extor11 tionate means 

12 ‘‘Whoever knowingly uses any extortionate means— 

13 ‘‘(1) to collect or attempt to collect any exten14 sion of credit; or 

15 ‘‘(2) to punish any person for nonrepayment of 

16 an extension of credit; 

17 shall be imprisoned not more than 20 years. 

18 ‘‘§ 158. Definitions and rules of construction 

19 ‘‘As used in this subchapter: 

20 ‘‘(1) To extend credit means to make or renew 

21 any loan, or to enter into any agreement, tacit or ex22 press, whereby the repayment or satisfaction of any 

23 debt or claim, whether acknowledged or disputed, 

24 valid or invalid, and however arising, may or will be 

25 deferred. 


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1 ‘‘(2) The term ‘creditor’, with reference to any 

2 given extension of credit, refers to any person mak3 ing that extension of credit, or to any person claim4 ing by, under, or through any person making that 

5 extension of credit. 

6 ‘‘(3) The term ‘debtor’, with reference to any 

7 given extension of credit, refers to any person to 

8 whom that extension of credit is made, or to any 

9 person who guarantees the repayment of that exten10 sion of credit, or in any manner undertakes to in11 demnify the creditor against loss resulting from the 

12 failure of any person to whom that extension of 

13 credit is made to repay the same. 

14 ‘‘(4) The repayment of any extension of credit 

15 includes the repayment, satisfaction, or discharge in 

16 whole or in part of any debt or claim, acknowledged 

17 or disputed, valid or invalid, resulting from or in 

18 connection with that extension of credit. 

19 ‘‘(5) To collect an extension of credit means to 

20 induce in any way any person to make repayment 

21 thereof. 

22 ‘‘(6) An extortionate extension of credit is any 

23 extension of credit with respect to which it is the un24 derstanding of the creditor and the debtor at the 

25 time it is made that delay in making repayment or 


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1 failure to make repayment could result in the use of 

2 violence or other criminal means to cause harm to 

3 the person, reputation, or property of any person. 

4 ‘‘(7) An extortionate means is any means which 

5 involves the use, or an express or implicit threat of 

6 use, of violence or other criminal means to cause 

7 harm to the person, reputation, or property of any 

8 person. 

9 ‘‘(8) State law, including conflict of laws rules, 

10 governing the enforceability through civil judicial 

11 processes of repayment of any extension of credit or 

12 the performance of any promise given in consider13 ation thereof shall be judicially noticed. This para14 graph does not impair any authority which any court 

15 would otherwise have to take judicial notice of any 

16 matter of State law. 

17 ‘‘SUBCHAPTER H—DOMESTIC VIOLENCE 

‘‘161. Interstate domestic violence; interstate stalking; interstate violations of 

custody orders. 

‘‘162. Pretrial release of defendant. 

‘‘163. Full faith and credit given to protection orders. 

‘‘164. Definitions. 

‘‘165. Repeat offenders. 

18 ‘‘§ 161. Interstate domestic violence; interstate stalk19 ing; interstate violations of custody or20 ders 

21 ‘‘(a) OFFENSES.—Whoever— 


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1 ‘‘(1) travels in interstate or foreign commerce 

2 or enters or leaves Indian country or within the spe3 cial maritime and territorial jurisdiction of the 

4 United States with the intent to kill, injure, harass, 

5 or intimidate a spouse, intimate partner, or dating 

6 partner, and who, in the course of or as a result of 

7 such travel, commits or attempts to commit a crime 

8 of violence against that spouse, intimate partner, or 

9 dating partner; 

10 ‘‘(2) causes a spouse, intimate partner, or dat11 ing partner to travel in interstate or foreign com12 merce or to enter or leave Indian country or within 

13 the special maritime and territorial jurisdiction of 

14 the United States by force, coercion, duress, or 

15 fraud, and who, in the course of, as a result of, or 

16 to facilitate such conduct or travel, commits or at17 tempts to commit a crime of violence against that 

18 spouse, intimate partner, or dating partner; 

19 ‘‘(3) travels in interstate or foreign commerce 

20 or within the special maritime and territorial juris21 diction of the United States, or enters or leaves In22 dian country, with the intent to kill, injure, harass, 

23 or place under surveillance with intent to kill, injure, 

24 harass, or intimidate another person, and in the 

25 course of, or as a result of, such travel places that 


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1 person in reasonable fear of the death of, or serious 

2 bodily injury to, or causes substantial emotional dis3 tress to that person, a member of the family (as de4 fined in section 136) of that person, or the spouse 

5 or intimate partner of that person; or 

6 ‘‘(4) with the intent— 

7 ‘‘(A) to kill, injure, harass, or place under 

8 surveillance with intent to kill, injure, harass, 

9 or intimidate, or cause substantial emotional 

10 distress to a person in another State or tribal 

11 jurisdiction or within the special maritime and 

12 territorial jurisdiction of the United States; or 

13 ‘‘(B) to place a person in another State or 

14 tribal jurisdiction, or within the special mari15 time and territorial jurisdiction of the United 

16 States, in reasonable fear of the death of, or se17 rious bodily injury to— 

18 ‘‘(i) that person; 

19 ‘‘(ii) a member of the family (as de20 fined in section 136) of that person; or 

21 ‘‘(iii) a spouse or intimate partner of 

22 that person; 

23 uses the mail, any interactive computer service, or 

24 any facility of interstate or foreign commerce to en25 gage in a course of conduct that causes substantial 


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1 emotional distress to that person or places that per2 son in reasonable fear of the death of, or serious 

3 bodily injury to, any of the persons described in 

4 clauses (i) through (iii) of subparagraph (B); 

5 ‘‘(5) travels in interstate or foreign commerce, 

6 or enters or leaves Indian country, with the intent 

7 to engage in conduct that violates the portion of a 

8 protection order that prohibits or provides protection 

9 against violence, threats, or harassment against, 

10 contact or communication with, or physical prox11 imity to, another person, or that would violate such 

12 a portion of a protection order in the jurisdiction in 

13 which the order was issued, and subsequently en14 gages in such conduct; or 

15 ‘‘(6) causes another person to travel in inter16 state or foreign commerce or to enter or leave In17 dian country by force, coercion, duress, or fraud, 

18 and in the course of, as a result of, or to facilitate 

19 such conduct or travel engages in conduct that vio20 lates the portion of a protection order that prohibits 

21 or provides protection against violence, threats, or 

22 harassment against, contact or communication with, 

23 or physical proximity to, another person, or that 

24 would violate such a portion of a protection order in 

25 the jurisdiction in which the order was issued; 


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1 shall be punished as provided in subsection (b). 

2 ‘‘(b) PUNISHMENT.— 

3 ‘‘(1) IN GENERAL.—Whoever violates subsection 

4 (a) shall be imprisoned— 

5 ‘‘(A) for life or any term of years, if death 

6 of the victim results; 

7 ‘‘(B) for not more than 20 years, if perma8 nent disfigurement or life threatening bodily in9 jury to the victim results; 

10 ‘‘(C) for not more than 10 years, if serious 

11 bodily injury to the victim results or if the of12 fender uses a dangerous weapon during the of13 fense; 

14 ‘‘(D) as provided for the applicable con15 duct under subchapter A of chapter 13, if the 

16 offense would constitute an offense under that 

17 subchapter if the offense had occurred within 

18 the special maritime and territorial jurisdiction 

19 of the United States; and 

20 ‘‘(E) for not more than 5 years, in any 

21 other case. 

22 ‘‘(2) SPECIAL RULE.—Whoever violates para23 graph (3) or (4) of subsection (a) in violation of a 

24 temporary or permanent civil or criminal injunction, 

25 restraining order, no-contact order, or other order 


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1 described in section 164 shall be punished by impris2 onment for not less than 1 year. 

3 ‘‘§ 162. Pretrial release of defendant 

4 ‘‘In any proceeding pursuant to section 3142 for the 

5 purpose of determining whether a defendant charged 

6 under this subchapter shall be released pending trial, or 

7 for the purpose of determining conditions of such release, 

8 the alleged victim shall be given an opportunity to be 

9 heard regarding the danger posed by the defendant. 

10 ‘‘§ 163. Full faith and credit given to protection or11 ders 

12 ‘‘(a) FULL FAITH AND CREDIT.—Any protection 

13 order issued that is consistent with subsection (b) of this 

14 section by the court of one State or Indian tribe (the 

15 issuing State or Indian tribe) shall be accorded full faith 

16 and credit by the court of another State or Indian tribe, 

17 (the enforcing State or Indian tribe) and enforced by the 

18 court and law enforcement personnel of the other State 

19 or Indian tribe as if it were the order of the enforcing 

20 State or Indian tribe. 

21 ‘‘(b) PROTECTION ORDER.—A protection order 

22 issued by a State, tribal, or territorial court is consistent 

23 with this subsection if— 


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1 ‘‘(1) such court has jurisdiction over the parties 

2 and matter under the law of such State or Indian 

3 tribe; and 

4 ‘‘(2) reasonable notice and opportunity to be 

5 heard is given to the person against whom the order 

6 is sought sufficient to protect that person’s right to 

7 due process; and in the case of ex parte orders, no8 tice and opportunity to be heard must be provided 

9 within the time required by State, tribal, or terri10 torial law, and in any event within a reasonable time 

11 after the order is issued, sufficient to protect the re12 spondent’s due process rights. 

13 ‘‘(c) CROSS OR COUNTER PETITION.—A protection 

14 order issued by a State, tribal, or territorial court against 

15 one who has petitioned, filed a complaint, or otherwise 

16 filed a written pleading for protection against abuse by 

17 a spouse or intimate partner is not entitled to full faith 

18 and credit if— 

19 ‘‘(1) no cross or counter petition, complaint, or 

20 other written pleading was filed seeking such a pro21 tection order; or 

22 ‘‘(2) a cross or counter petition has been filed 

23 and the court did not make specific findings that 

24 each party was entitled to such an order. 

25 ‘‘(d) NOTIFICATION AND REGISTRATION.— 


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1 ‘‘(1) NOTIFICATION.—A State or Indian tribe 

2 according full faith and credit to an order by a court 

3 of another State or Indian tribe shall not notify or 

4 require notification of the party against whom a pro5 tection order has been issued that the protection 

6 order has been registered or filed in that enforcing 

7 State, tribal, or territorial jurisdiction unless re8 quested to do so by the party protected under such 

9 order. 

10 ‘‘(2) NO PRIOR REGISTRATION OR FILING AS

11 PREREQUISITE FOR ENFORCEMENT.—Any protection 

12 order that is otherwise consistent with this section 

13 shall be accorded full faith and credit, notwith14 standing failure to comply with any requirement 

15 that the order be registered or filed in the enforcing 

16 State, tribal, or territorial jurisdiction. 

17 ‘‘(3) LIMITS ON INTERNET PUBLICATION OF

18 REGISTRATION INFORMATION.—A State or Indian 

19 tribe shall not make available publicly on the Inter20 net any information regarding the registration, filing 

21 of a petition for, or issuance of a protection order, 

22 restraining order, or injunction in either the issuing 

23 or enforcing State, tribal, or territorial jurisdiction, 

24 if such publication would be likely to publicly reveal 

25 the identity or location of the party protected under 


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1 such order. A State or Indian tribe may share court2 generated and law-enforcement-generated informa3 tion contained in secure, governmental registries for 

4 protection order enforcement purposes. 

5 ‘‘(e) TRIBAL COURT JURISDICTION.—For purposes 

6 of this section, a tribal court shall have full civil jurisdic7 tion to enforce protection orders, including authority to 

8 enforce any orders through civil contempt proceedings, ex9 clusion of violators from Indian lands, and other appro10 priate mechanisms, in matters arising within the authority 

11 of the tribe. 

12 ‘‘§ 164. Definitions 

13 ‘‘As used in this subchapter— 

14 ‘‘(1) the term ‘course of conduct’ means a pat15 tern of conduct composed of 2 or more acts, dem16 onstrating a continuity of purpose; 

17 ‘‘(2) the term ‘enter or leave Indian country’ in18 cludes leaving the jurisdiction of one tribal govern19 ment and entering the jurisdiction of another tribal 

20 government; 

21 ‘‘(3) the term ‘protection order’ includes— 

22 ‘‘(A) any injunction, restraining order, or 

23 any other order issued by a civil or criminal 

24 court for the purpose of preventing violent or 

25 threatening acts or harassment against, sexual 


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1 violence, or contact or communication with or 

2 physical proximity to, another person, including 

3 any temporary or final order issued by a civil 

4 or criminal court whether obtained by filing an 

5 independent action or as a pendente lite order 

6 in another proceeding so long as any civil or 

7 criminal order was issued in response to a com8 plaint, petition, or motion filed by or on behalf 

9 of a person seeking protection; and 

10 ‘‘(B) any support, child custody or visita11 tion provisions, orders, remedies or relief issued 

12 as part of a protection order, restraining order, 

13 or injunction pursuant to State, tribal, terri14 torial, or local law authorizing the issuance of 

15 protection orders, restraining orders, or injunc16 tions for the protection of victims of domestic 

17 violence, sexual assault, dating violence, or 

18 stalking; 

19 ‘‘(4) the term ‘spouse or intimate partner’ in20 cludes— 

21 ‘‘(A) for purposes of— 

22 ‘‘(i) all provisions except paragraphs 

23 (3) and (4) of section 161— 

24 ‘‘(I) a spouse or former spouse of 

25 the abuser, a person who shares a 


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1 child in common with the abuser, and 

2 a person who cohabits or has 

3 cohabited as a spouse with the abuser; 

4 or 

5 ‘‘(II) a person who is or has been 

6 in a social relationship of a romantic 

7 or intimate nature with the abuser, as 

8 determined by the length of the rela9 tionship, the type of relationship, and 

10 the frequency of interaction between 

11 the persons involved in the relation12 ship; and 

13 ‘‘(ii) paragraphs (3) and (4) of section 

14 161— 

15 ‘‘(I) a spouse or former spouse of 

16 the target of the stalking, a person 

17 who shares a child in common with 

18 the target of the stalking, and a per19 son who cohabits or has cohabited as 

20 a spouse with the target of the stalk21 ing; or 

22 ‘‘(II) a person who is or has been 

23 in a social relationship of a romantic 

24 or intimate nature with the target of 

25 the stalking, as determined by the 


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1 length of the relationship, the type of 

2 the relationship, and the frequency of 

3 interaction between the persons in4 volved in the relationship; and 

5 ‘‘(B) any other person similarly situated to 

6 a spouse who is protected by the domestic or 

7 family violence laws of the State or tribal juris8 diction in which the injury occurred or where 

9 the victim resides; 

10 ‘‘(5) the term ‘travel in interstate or foreign 

11 commerce’ does not include travel from one State to 

12 another by an individual who is a member of an In13 dian tribe and who remains at all times in the terri14 tory of the Indian tribe of which the individual is a 

15 member; and 

16 ‘‘(6) the term ‘dating partner’ refers to a per17 son who is or has been in a social relationship of a 

18 romantic or intimate nature with the abuser; and 

19 the existence of such a relationship is based on a 

20 consideration of— 

21 ‘‘(A) the length of the relationship; 

22 ‘‘(B) the type of relationship; and 

23 ‘‘(C) the frequency of interaction between 

24 the persons involved in the relationship. 


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1 ‘‘§ 165. Repeat offenders 

2 ‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The 

3 maximum term of imprisonment for a violation of this sub4 chapter after a prior domestic violence or stalking offense 

5 shall be twice the term otherwise provided under this sub6 chapter. 

7 ‘‘(b) DEFINITION.—As used in this section, the term 

8 ‘prior domestic violence or stalking offense’ means a con9 viction for an offense— 

10 ‘‘(1) under section 161; or 

11 ‘‘(2) under State law for an offense consisting 

12 of conduct that would have been an offense under 

13 section 161 if the conduct had occurred within the 

14 special maritime and territorial jurisdiction of the 

15 United States, or in interstate or foreign commerce. 

16 ‘‘SUBCHAPTER I—PROTECTION OF UNBORN 

17 CHILDREN 

‘‘171. Protection of unborn children. 

‘‘172. Partial-birth abortions prohibited. 

18 ‘‘§ 171. Protection of unborn children 

19 ‘‘(a) OFFENSE.— 

20 ‘‘(1) Whoever engages in conduct that violates 

21 any of the provisions of law listed in subsection (b) 

22 and thereby causes the death of, or bodily injury to, 

23 a child, who is in utero at the time the conduct 


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1 takes place, is guilty of a separate offense under this 

2 section. 

3 ‘‘(2)(A) Except as otherwise provided in this 

4 paragraph, the punishment for that separate offense 

5 is the same as the punishment provided under Fed6 eral law for that conduct had that injury or death 

7 occurred to the unborn child’s mother. 

8 ‘‘(B) An offense under this section does not re9 quire proof that— 

10 ‘‘(i) the person engaging in the conduct 

11 had knowledge or should have had knowledge 

12 that the victim of the underlying offense was 

13 pregnant; or 

14 ‘‘(ii) the defendant intended to cause the 

15 death of, or bodily injury to, the unborn child. 

16 ‘‘(C) If the person engaging in the conduct 

17 thereby intentionally kills or attempts to kill the un18 born child, that person shall instead of being pun19 ished under subparagraph (A) and subject to sub20 paragraph (D), be punished as provided under sub21 chapter A for the like offense. 

22 ‘‘(D) Notwithstanding any other provision of 

23 law, the death penalty shall not be imposed for an 

24 offense under this section. 


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1 ‘‘(b) PROVISIONS REFERRED TO.—The provisions re2 ferred to in subsection (a) are the following: 

3 ‘‘(1) Sections 102, 112, 121, 123, 131, 143, 

4 161, 201(a)(1), 204, 271, 273, 501, 502, 506, 507, 

5 584(j), 593, 601, 614(d), (f), (h)(1), and (i), 631, 

6 873, 892, 895, 897, 898, 1131, 1132, 1137, 1138, 

7 1204(a), 1216, 1291, 1296, 1305, 1331, 1345, and 

8 1373. 

9 ‘‘(2) Section 202 of the Atomic Energy Act of 

10 1954. 

11 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to permit the prosecution— 

13 ‘‘(1) of any person for conduct relating to an 

14 abortion for which the consent of the pregnant 

15 woman, or a person authorized by law to act on her 

16 behalf, has been obtained or for which such consent 

17 is implied by law; 

18 ‘‘(2) of any person for any medical treatment of 

19 the pregnant woman or her unborn child; or 

20 ‘‘(3) of any woman with respect to her unborn 

21 child. 

22 ‘‘(d) DEFINITIONS.—As used in this section— 

23 ‘‘(1) the term ‘unborn child’ means a child in 

24 utero; and 


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1 ‘‘(2) the term ‘child in utero’ or ‘child, who is 

2 in utero’ means a member of the species Homo sapi3 ens, at any stage of development, who is carried in 

4 the womb. 

5 ‘‘§ 172. Partial-birth abortions prohibited 

6 ‘‘(a) OFFENSE.—Any physician who, in or affecting 

7 interstate or foreign commerce, knowingly performs a par8 tial-birth abortion and thereby kills a human fetus shall 

9 be imprisoned not more than 2 years. This subsection does 

10 not apply to a partial-birth abortion that is necessary to 

11 save the life of a mother whose life is endangered by a 

12 physical disorder, physical illness, or physical injury, in13 cluding a life-endangering physical condition caused by or 

14 arising from the pregnancy itself. 

15 ‘‘(b) DEFINITIONS.—As used in this section— 

16 ‘‘(1) the term ‘partial-birth abortion’ means an 

17 abortion in which the person performing the abor18 tion— 

19 ‘‘(A) deliberately and intentionally 

20 vaginally delivers a living fetus until, in the 

21 case of a head-first presentation, the entire 

22 fetal head is outside the body of the mother, or, 

23 in the case of breech presentation, any part of 

24 the fetal trunk past the navel is outside the 

25 body of the mother, for the purpose of perVerDate Mar 15 2010 23:56 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 forming an overt act that the person knows will 

2 kill the partially delivered living fetus; and 

3 ‘‘(B) performs the overt act, other than 

4 completion of delivery, that kills the partially 

5 delivered living fetus; and 

6 ‘‘(2) the term ‘physician’ means a doctor of 

7 medicine or osteopathy legally authorized to practice 

8 medicine and surgery by the State in which the doc9 tor performs such activity, or any other individual 

10 legally authorized by the State to perform abortions, 

11 but any individual who is not a physician or not oth12 erwise legally authorized by the State to perform 

13 abortions, but who nevertheless directly performs a 

14 partial-birth abortion, shall be subject to the provi15 sions of this section. 

16 ‘‘(c) CIVIL ACTION.— 

17 ‘‘(1) The father, if married to the mother at the 

18 time she receives a partial-birth abortion procedure, 

19 and if the mother has not attained the age of 18 

20 years at the time of the abortion, the maternal 

21 grandparents of the fetus, may in a civil action ob22 tain appropriate relief, unless the pregnancy resulted 

23 from the plaintiff’s criminal conduct or the plaintiff 

24 consented to the abortion. 

25 ‘‘(2) Such relief shall include— 


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1 ‘‘(A) money damages for all injuries, psy2 chological and physical, occasioned by the viola3 tion of this section; and 

4 ‘‘(B) statutory damages equal to three 

5 times the cost of the partial-birth abortion. 

6 ‘‘(d) HEARING.— 

7 ‘‘(1) A defendant accused of an offense under 

8 this section may seek a hearing before the State 

9 Medical Board on whether the physician’s conduct 

10 was necessary to save the life of the mother whose 

11 life was endangered by a physical disorder, physical 

12 illness, or physical injury, including a life-endan13 gering physical condition caused by or arising from 

14 the pregnancy itself. 

15 ‘‘(2) The findings on that issue are admissible 

16 on that issue at the trial of the defendant. Upon a 

17 motion of the defendant, the court shall delay the 

18 beginning of the trial for not more than 30 days to 

19 permit such a hearing to take place. 

20 ‘‘(e) EXCLUSION.—A woman upon whom a partial21 birth abortion is performed may not be prosecuted under 

22 this section, for a conspiracy to violate this section, or for 

23 an offense under section 2, 3, or 4 based on a violation 

24 of this section. 


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1 ‘‘CHAPTER 13—SEX CRIMES 

‘‘Subchapter 

‘‘A. Sexual abuse 

‘‘B. Transport for illegal sexual activity 

‘‘C. Sexual exploitation of children 

‘‘D. Sex offender registry 

‘‘E. General provisions and definitions 

2 ‘‘SUBCHAPTER A—SEXUAL ABUSE 

‘‘201. Sexual abuse. 

‘‘202. Abusive sexual contact. 

‘‘203. Special rules and defenses. 

‘‘204. Sexual abuse resulting in death. 

‘‘205. Definitions for subchapter. 

3 ‘‘§ 201. Sexual abuse 

4 ‘‘(a) OFFENSES.—As made applicable and punished 

5 in subsection (b), the following offenses have the following 

6 elements: 

7 ‘‘(1) AGGRAVATED SEXUAL ABUSE OF A

8 CHILD.—Whoever— 

9 ‘‘(A) knowingly engages in a sexual act 

10 with another person— 

11 ‘‘(i) who has not attained the age of 

12 12 years; or 

13 ‘‘(ii) who has attained the age of 12 

14 years but has not attained the age of 16 

15 years (and is at least 4 years younger than 

16 the person so engaging); or 

17 ‘‘(B) crosses a state line with the intent to 

18 engage in a sexual act with a person who has 

19 not attained the age of 12 years; 


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1 is guilty of aggravated sexual abuse of a child. 

2 ‘‘(2) AGGRAVATED SEXUAL ABUSE.—Who3 ever— 

4 ‘‘(A) knowingly causes another person to 

5 engage in a sexual act— 

6 ‘‘(i) by using force against that other 

7 person; or 

8 ‘‘(ii) by threatening or placing that 

9 other person in fear that any person will 

10 be subjected to death, serious bodily in11 jury, substantial risk of unconsciousness, 

12 or kidnapping; or 

13 ‘‘(B) knowingly— 

14 ‘‘(i) renders another person uncon15 scious and thereby engages in a sexual act 

16 with that other person; or 

17 ‘‘(ii) administers to another person by 

18 force or threat of force, or without the 

19 knowledge or permission of that person, a 

20 drug, intoxicant, or other similar substance 

21 and thereby— 

22 ‘‘(I) substantially impairs the 

23 ability of that other person to ap24 praise or control conduct; and 


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1 ‘‘(II) engages in a sexual act with 

2 that other person; 

3 is guilty of aggravated sexual abuse. 

4 ‘‘(3) SEXUAL ABUSE.—Whoever knowingly— 

5 ‘‘(A) causes another person to engage in a 

6 sexual act by threatening or placing that other 

7 person in fear (other than by threatening or 

8 placing that other person in fear that any per9 son will be subjected to death, serious bodily in10 jury, substantial risk of unconsciousness, or 

11 kidnapping); or 

12 ‘‘(B) engages in a sexual act with another 

13 person if that other person is— 

14 ‘‘(i) incapable of appraising the na15 ture of the conduct; or 

16 ‘‘(ii) physically incapable of declining 

17 participation in, or communicating unwill18 ingness to engage in, that sexual act; 

19 is guilty of sexual abuse. 

20 ‘‘(4) SEXUAL ABUSE OF A WARD.—Whoever 

21 knowingly engages in a sexual act with another per22 son who is— 

23 ‘‘(A) in official detention; and 


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1 ‘‘(B) under the custodial, supervisory, or 

2 disciplinary authority of the person so engag3 ing; 

4 is guilty of sexual abuse of a ward. 

5 ‘‘(b) PENALTIES AND CIRCUMSTANCES FOR FED6 ERAL OFFENSE.— 

7 ‘‘(1) PENALTIES.— 

8 ‘‘(A) AGGRAVATED SEXUAL ABUSE OF A

9 CHILD.—Whoever commits aggravated sexual 

10 abuse of a child in a place described in para11 graph (2) or by crossing a State line with the 

12 intent to engage in a sexual act with a person 

13 who has not attained the age of 12 years shall 

14 be imprisoned not less than 30 years or for life. 

15 If the offender has previously been convicted of 

16 another Federal offense under subsection (a)(1) 

17 or (a)(2), or of a State offense that would have 

18 been an offense under either such provision had 

19 the offense occurred in a Federal prison, the 

20 defendant shall be punished by death or life im21 prisonment. 

22 ‘‘(B) AGGRAVATED SEXUAL ABUSE.—Who23 ever commits aggravated sexual abuse in a 

24 place described in paragraph (2) shall be im25 prisoned for any term of years or for life. 


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1 ‘‘(C) SEXUAL ABUSE.—Whoever commits 

2 sexual abuse in a place described in paragraph 

3 (2) shall be imprisoned not more than 20 years. 

4 ‘‘(D) SEXUAL ABUSE OF A WARD.—Who5 ever commits sexual abuse of a ward in a place 

6 described in paragraph (2) shall be imprisoned 

7 not more than 15 years. 

8 ‘‘(2) CIRCUMSTANCES.—The places referred to 

9 in paragraph (1) are— 

10 ‘‘(A) the special maritime and territorial 

11 jurisdiction of the United States; or 

12 ‘‘(B) a Federal prison or any prison insti13 tution or facility in which persons are held in 

14 custody by direction of or pursuant to a con15 tract or agreement with the Attorney General. 

16 ‘‘§ 202. Abusive sexual contact 

17 ‘‘Whoever engages in sexual contact with another per18 son— 

19 ‘‘(1) under circumstances in which, if the sexual 

20 contact had been a sexual act, the sexual contact 

21 would be punishable under section 201(b)(1)(A), 

22 shall be imprisoned for any term of years or for life; 

23 ‘‘(2) under circumstances in which, if the sexual 

24 contact had been a sexual act, the sexual contact 


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1 would be punishable under section 201(b)(1)(B), 

2 shall be imprisoned not more than 10 years; 

3 ‘‘(3) under circumstances in which, if the sexual 

4 contact had been a sexual act, the sexual contact 

5 would be punishable under section 201(b)(1)(C), 

6 shall be imprisoned not more than 3 years; and 

7 ‘‘(4) under circumstances in which, if the sexual 

8 contact had been a sexual act, the sexual contact 

9 would be punishable under section 201(b)(1)(D), 

10 shall be imprisoned not more than 2 years. 

11 ‘‘§ 203. Special rules and defenses 

12 ‘‘(a) PROOF OF STATE OF MIND AS TO AGE.—In a 

13 prosecution under subsection (a)(1), the Government need 

14 not prove that the defendant knew the age of the other 

15 person engaging in the sexual act or that the requisite age 

16 difference existed between the persons so engaging. 

17 ‘‘(b) DEFENSES.— 

18 ‘‘(1) AGGRAVATED SEXUAL ABUSE OF A CHILD

19 OR SEXUAL CONTACT INVOLVING A MINOR.—It is an 

20 affirmative defense to a prosecution under this sub21 chapter for an offense involving a minor where an 

22 element of the offense is that the minor not be 16 

23 years of age or older that the defendant reasonably 

24 believed the minor to be 16 years of age or older. 


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1 ‘‘(2) MARRIAGE IN CERTAIN CASES.—It is an 

2 affirmative defense to prosecution for an offense 

3 under this subchapter involving a sexual act or sex4 ual contact with a ward, that the ward was married 

5 to the person engaging in the sexual act or contact 

6 at the time of the alleged offense. 

7 ‘‘§ 204. Sexual abuse resulting in death 

8 ‘‘Whoever, in the course of an offense under this sub9 chapter, engages in conduct that results in the death of 

10 a person, shall be punished by death or imprisoned for 

11 any term of years or for life. 

12 ‘‘§ 205. Definitions for subchapter 

13 ‘‘As used in this subchapter— 

14 ‘‘(1) the term ‘sexual act’ means— 

15 ‘‘(A) contact between the penis and the 

16 vulva or the penis and the anus, and for pur17 poses of this subparagraph contact involving the 

18 penis occurs upon penetration, however slight; 

19 ‘‘(B) contact between the mouth and the 

20 penis, the mouth and the vulva, or the mouth 

21 and the anus; 

22 ‘‘(C) the penetration, however slight, of the 

23 anal or genital opening of another by a hand or 

24 finger or by any object, with an intent to abuse, 


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1 humiliate, harass, degrade, or arouse or gratify 

2 the sexual desire of any person; or 

3 ‘‘(D) the intentional touching, not through 

4 the clothing, of the genitalia of another person 

5 who has not attained the age of 16 years, with 

6 an intent to abuse, humiliate, harass, degrade, 

7 or arouse or gratify the sexual desire of any 

8 person; 

9 ‘‘(2) the term ‘sexual contact’ means the inten10 tional touching, either directly or through the cloth11 ing, of the genitalia, anus, groin, breast, inner thigh, 

12 or buttocks of any person, with an intent to abuse, 

13 humiliate, harass, degrade, or arouse or gratify the 

14 sexual desire of any person; 

15 ‘‘(3) the term ‘official detention’ means— 

16 ‘‘(A) detention by a Federal officer or em17 ployee, or under the direction of a Federal offi18 cer or employee, following arrest for an offense; 

19 following surrender in lieu of arrest for an of20 fense; following a charge or conviction of an of21 fense, or an allegation or finding of juvenile de22 linquency; following commitment as a material 

23 witness; following civil commitment in lieu of 

24 criminal proceedings or pending resumption of 

25 criminal proceedings that are being held in 


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1 abeyance, or pending extradition, deportation, 

2 or exclusion; or 

3 ‘‘(B) custody by a Federal officer or em4 ployee, or under the direction of a Federal offi5 cer or employee, for purposes incident to any 

6 detention described in subparagraph (A) of this 

7 paragraph, including transportation, medical di8 agnosis or treatment, court appearance, work, 

9 and recreation; 

10 but does not include supervision or other control 

11 (other than custody during specified hours or days) 

12 after release on bail, probation, or parole, or after 

13 release following a finding of juvenile delinquency. 

14 ‘‘SUBCHAPTER B—TRANSPORT FOR ILLEGAL 

15 SEXUAL ACTIVITY 

‘‘211. Transportation generally. 

‘‘212. Coercion and enticement. 

‘‘213. Transportation of minors. 

‘‘214. Use of interstate facilities to transmit information about a minor. 

16 ‘‘§ 211. Transportation generally 

17 ‘‘Whoever knowingly transports an individual in 

18 interstate or foreign commerce, or in any territory or pos19 session of the United States, with intent that such indi20 vidual engage in prostitution, or in any sexual activity for 

21 which any person can be charged with a criminal offense, 

22 or attempts to do so, shall be imprisoned not more than 

23 10 years. 


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1 ‘‘§ 212. Coercion and enticement 

2 ‘‘(a) Whoever knowingly persuades, induces, entices, 

3 or coerces any individual to travel in interstate or foreign 

4 commerce, or in any territory or possession of the United 

5 States, to engage in prostitution, or in any sexual activity 

6 for which any person can be charged with a criminal of7 fense, or attempts to do so, shall be imprisoned not more 

8 than 20 years. 

9 ‘‘(b) Whoever, using any facility of interstate or for10 eign commerce, or within the special maritime and terri11 torial jurisdiction of the United States, knowingly per12 suades, induces, entices, or coerces any minor to engage 

13 in prostitution or any sexual activity for which any person 

14 can be charged with a criminal offense, or attempts to do 

15 so, shall be imprisoned not less than 5 years and not more 

16 than 30 years. 

17 ‘‘§ 213. Transportation of minors 

18 ‘‘(a) TRANSPORTATION WITH INTENT TO ENGAGE

19 IN CRIMINAL SEXUAL ACTIVITY.—Whoever transports a 

20 minor in interstate or foreign commerce, or in any terri21 tory or possession of the United States, with intent that 

22 the minor engage in prostitution, or in any sexual activity 

23 for which any person can be charged with a criminal of24 fense, shall be imprisoned not less than 5 years and not 

25 more than 30 years. 


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1 ‘‘(b) TRAVEL WITH INTENT TO ENGAGE IN ILLICIT

2 SEXUAL CONDUCT.—Whoever travels in interstate com3 merce or travels into the United States, or, being a United 

4 States citizen or an alien admitted for permanent resi5 dence in the United States, travels in foreign commerce, 

6 for the purpose of engaging in any illicit sexual conduct 

7 shall be imprisoned not more than 30 years. 

8 ‘‘(c) ENGAGING IN ILLICIT SEXUAL CONDUCT IN

9 FOREIGN PLACES.—Any United States citizen or alien ad10 mitted for permanent residence who travels in foreign 

11 commerce, and engages in any illicit sexual conduct shall 

12 be imprisoned not more than 30 years. 

13 ‘‘(d) ANCILLARY OFFENSES.—Whoever, for the pur14 pose of commercial advantage or private financial gain, 

15 arranges, induces, procures, or facilitates the travel of a 

16 person knowing that such a person is traveling in inter17 state commerce or foreign commerce for the purpose of 

18 engaging in illicit sexual conduct shall be imprisoned not 

19 more than 30 years. 

20 ‘‘(e) DEFINITION.—As used in this section, the term 

21 ‘illicit sexual conduct’ means— 

22 ‘‘(1) a sexual act (as defined in section 205) 

23 with a minor that would be in violation of sub24 chapter A if the sexual act occurred in the special 


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1 maritime and territorial jurisdiction of the United 

2 States; 

3 ‘‘(2) any commercial sex act (as defined in sec4 tion 1265) with a minor; or 

5 ‘‘(3) the production of child pornography (as 

6 defined in section 225). 

7 ‘‘(f) DEFENSE.—In a prosecution under this section 

8 based on illicit sexual conduct as defined in subsection 

9 (e)(2), it is an affirmative defense that the defendant rea10 sonably believed that the person with whom the defendant 

11 engaged in the commercial sex act had attained the age 

12 of 18 years. 

13 ‘‘§ 214. Use of interstate facilities to transmit infor14 mation about a minor 

15 ‘‘Whoever, using a facility of interstate or foreign 

16 commerce, or within the special maritime and territorial 

17 jurisdiction of the United States, knowingly transmits the 

18 name, address, telephone number, social security number, 

19 or electronic mail address of another individual, knowing 

20 that such other individual has not attained the age of 16 

21 years, with the intent to entice, encourage, offer, or solicit 

22 any person to engage in any sexual activity for which any 

23 person can be charged with a criminal offense, or attempts 

24 to do so, shall be imprisoned not more than 5 years. 


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1 ‘‘SUBCHAPTER C—SEXUAL EXPLOITATION OF 

2 CHILDREN 

‘‘221. Sexual exploitation of children. 

‘‘222. Selling or buying of children. 

‘‘223. Certain activities relating to material involving the sexual exploitation of 

minors and child pornography. 

‘‘224. Misleading domain names on the Internet. 

‘‘225. Definitions for subchapter. 

‘‘226. Recordkeeping requirements. 

‘‘227. Failure to report child abuse. 

3 ‘‘§ 221. Sexual exploitation of children 

4 ‘‘(a) OFFENSE.—Whoever, as made applicable in sub5 section (b)— 

6 ‘‘(1) either— 

7 ‘‘(A) employs, uses, persuades, induces, en8 tices, or coerces any minor to engage in, or who 

9 has a minor assist any other person to engage 

10 in, any sexually explicit conduct for the purpose 

11 of producing any visual depiction of such con12 duct or for the purpose of transmitting a live 

13 visual depiction of such conduct; or 

14 ‘‘(B) transports any minor in interstate or 

15 foreign commerce, or in any territory or posses16 sion of the United States, with the intent that 

17 such minor engage in such conduct for such 

18 purpose; or 

19 ‘‘(2) being a parent, legal guardian, or person 

20 having custody or control of a minor knowingly per21 mits such minor to engage in, or to assist any other 


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1 person to engage in, sexually explicit conduct for the 

2 purpose of producing any visual depiction of such 

3 conduct or for the purpose of transmitting a live vis4 ual depiction of such conduct; 

5 shall be punished as provided under subsection (e). 

6 ‘‘(b) APPLICABILITY.—Subsection (a) applies if— 

7 ‘‘(1) the person engaging in that conduct knows 

8 or has reason to know that such visual depiction will 

9 be transported or transmitted in or affecting inter10 state or foreign commerce; 

11 ‘‘(2) such visual depiction was produced using 

12 materials that have been transported in or affecting 

13 interstate or foreign commerce; 

14 ‘‘(3) such visual depiction has actually been 

15 transported or transmitted in or affecting interstate 

16 or foreign commerce; or 

17 ‘‘(4) the conduct constituting the offense occurs 

18 in or affects interstate or foreign commerce. 

19 ‘‘(c) EXTRATERRITORIAL JURISDICTION.—There is 

20 extraterritorial jurisdiction over an offense under sub21 section (a)(1) if the offender— 

22 ‘‘(1) intends such visual depiction to be trans23 ported to the United States; or 

24 ‘‘(2) transports such visual depiction to the 

25 United States. 


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1 ‘‘(d) ADVERTISEMENTS.—(1) Whoever, as made ap2 plicable by paragraph (2), knowingly makes, prints, or 

3 publishes, or causes to be made, printed, or published, any 

4 notice or advertisement seeking or offering— 

5 ‘‘(A) to receive, exchange, buy, produce, display, 

6 distribute, or reproduce, any visual depiction, if the 

7 production of such visual depiction involves the use 

8 of a minor engaging in sexually explicit conduct and 

9 such visual depiction is of such conduct; or 

10 ‘‘(B) participation in any act of sexually explicit 

11 conduct by or with any minor for the purpose of pro12 ducing a visual depiction of such conduct; 

13 shall be punished as provided under subsection (e). 

14 ‘‘(2) Paragraph (1) applies if— 

15 ‘‘(A) such person knows or has reason to know 

16 that such notice or advertisement will be transported 

17 in or affecting interstate or foreign commerce; or 

18 ‘‘(B) such notice or advertisement is trans19 ported in or affecting interstate or foreign com20 merce. 

21 ‘‘(e) PUNISHMENT.—Whoever violates this section 

22 shall be imprisoned not less than 15 years nor more than 

23 30 years, but if such person has one prior conviction under 

24 this subchapter, subchapter A or B of this chapter, sub25 chapter F of chapter 35, or under section 920 of title 10 


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1 (article 120 of the Uniform Code of Military Justice), or 

2 under the laws of any State relating to the sexual exploi3 tation of children, such person shall be imprisoned for not 

4 less than 25 years nor more than 50 years, but if such 

5 person has 2 or more such prior convictions, such person 

6 shall be imprisoned not less than 35 years nor more than 

7 life. Whoever, in the course of an offense under this sec8 tion, engages in conduct that results in the death of a per9 son, shall be punished by death or imprisoned for any term 

10 of years or for life. 

11 ‘‘§ 222. Selling or buying of children 

12 ‘‘(a) TRANSFER OF CUSTODY.—Whoever, as made 

13 applicable by subsection (d) and with a mental state de14 scribed in subsection (c) having custody or control of a 

15 minor, transfers that custody or control, or offers to do 

16 so, shall be punished by imprisonment for not less than 

17 30 years or for life. 

18 ‘‘(b) OBTAINING CUSTODY.—Whoever, as made ap19 plicable by subsection (d) and with a mental state de20 scribed in subsection (c), obtains custody or control of a 

21 minor, or offers to do so, shall be punished by imprison22 ment for not less than 30 years or for life. 

23 ‘‘(c) MENTAL STATE.—The mental state referred to 

24 in subsections (a) and (b) is— 


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1 ‘‘(1) knowledge that, as a consequence of the 

2 transfer of custody, the minor will be portrayed in 

3 a visual depiction engaging in, or assisting another 

4 person to engage in, sexually explicit conduct; or 

5 ‘‘(2) intent to promote either— 

6 ‘‘(A) the engaging in of sexually explicit 

7 conduct by such minor for the purpose of pro8 ducing any visual depiction of such conduct; or 

9 ‘‘(B) the rendering of assistance by the 

10 minor to any other person to engage in sexually 

11 explicit conduct for the purpose of producing 

12 any visual depiction of such conduct. 

13 ‘‘(d) FEDERAL NEXUS.—Conduct described in sub14 sections (a) and (b) is an offense if— 

15 ‘‘(1) in the course of the conduct the minor or 

16 the person engaging in the conduct travel in inter17 state or foreign commerce; 

18 ‘‘(2) any offer described in such subsections 

19 was communicated or transported in or affecting 

20 interstate or foreign commerce; or 

21 ‘‘(3) the conduct took place in any territory or 

22 possession of the United States. 


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1 ‘‘§ 223. Certain activities relating to material involv2 ing the sexual exploitation of minors and 

3 child pornography 

4 ‘‘(a) OFFENSE.—Whoever, in a circumstance de5 scribed in subsection (b)— 

6 ‘‘(1) knowingly— 

7 ‘‘(A) transports an exploitative visual de8 piction or child pornography; 

9 ‘‘(B) receives, or distributes, any exploita10 tive visual depiction or child pornography; or 

11 ‘‘(C) reproduces any exploitative visual de12 piction or child pornography for distribution; 

13 ‘‘(2) knowingly— 

14 ‘‘(A) sells or possesses with intent to sell 

15 any exploitative visual depiction or child por16 nography; or 

17 ‘‘(B) possesses or accesses with intent to 

18 view an exploitative visual depiction or child 

19 pornography; 

20 ‘‘(3) knowingly advertises, promotes, presents, 

21 distributes, or solicits any material or purported ma22 terial in a manner that reflects the belief, or that is 

23 intended to cause another to believe, that the mate24 rial or purported material contains an exploitative 

25 visual depiction or child pornography; or 


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1 ‘‘(4) knowingly produces with intent to dis2 tribute, or distributes, by any means, including a 

3 computer, child pornography that is an adapted or 

4 modified depiction of an identifiable minor; 

5 shall be punished as provided in subsection (c). 

6 ‘‘(b) CIRCUMSTANCE REQUIRED.—The circumstance 

7 referred to in subsection (a) is any one of the following: 

8 ‘‘(1) The conduct occurs in the special maritime 

9 and territorial jurisdiction of the United States, or 

10 in the Indian country as defined in section 871. 

11 ‘‘(2) The conduct is in or affects interstate or 

12 foreign commerce. 

13 ‘‘(3) The exploitative visual depiction or child 

14 pornography is transported in or affecting interstate 

15 or foreign commerce, or was produced using mate16 rials which have been so transported. 

17 ‘‘(c) PUNISHMENT.— 

18 ‘‘(1) Whoever violates paragraph (1), (2)(A), or 

19 (3) of subsection (a) shall be imprisoned not less 

20 than 5 years and not more than 20 years, but if 

21 such person has a prior relevant conviction, such 

22 person shall be imprisoned for not less than 15 years 

23 nor more than 40 years. 

24 ‘‘(2) Whoever violates paragraph (2)(B) of sub25 section (a) shall be imprisoned not more than 10 


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1 years, but if any visual depiction involved in the of2 fense involved a prepubescent minor or a minor who 

3 had not attained 12 years of age, such person shall 

4 be fined under this title and imprisoned for not more 

5 than 20 years, or if such person has a prior relevant 

6 conviction, such person shall be imprisoned for not 

7 less than 10 years nor more than 20 years. 

8 ‘‘(3) Whoever violates paragraph (4) of sub9 section (a) shall be imprisoned not more than 15 

10 years. 

11 ‘‘(4) In this subsection, the term ‘prior relevant 

12 conviction’ means a prior conviction under this chap13 ter, subchapter A or B of this chapter, subchapter 

14 F of chapter 35, or under section 920 of title 10 

15 (article 120 of the Uniform Code of Military Jus16 tice), or under the laws of any State relating to ag17 gravated sexual abuse, sexual abuse, or abusive sex18 ual conduct involving a minor or ward, or the pro19 duction, possession, receipt, mailing, sale, distribu20 tion, shipment, or transportation of child pornog21 raphy. 

22 ‘‘(d) AFFIRMATIVE DEFENSES.—(1) It is an affirma23 tive defense to a charge of violating paragraph (2)(B) of 

24 subsection (a) that the defendant— 


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1 ‘‘(A) possessed less than three matters con2 taining any visual depiction proscribed by that para3 graph; and 

4 ‘‘(B) promptly and in good faith, and without 

5 retaining or allowing any person, other than a law 

6 enforcement agency, to access any visual depiction 

7 or copy thereof— 

8 ‘‘(i) took reasonable steps to destroy each 

9 such visual depiction; or 

10 ‘‘(ii) reported the matter to a law enforce11 ment agency and afforded that agency access to 

12 each such visual depiction. 

13 ‘‘(2) It is an affirmative defense to a charge of vio14 lating paragraph (1), (2), or (4) of subsection (a) that— 

15 ‘‘(A)(i) the alleged child pornography was pro16 duced using an actual person or persons engaging in 

17 sexually explicit conduct; and 

18 ‘‘(ii) each such person was an adult at the time 

19 the material was produced; or 

20 ‘‘(B) the alleged child pornography was not pro21 duced using any actual minor. 

22 No affirmative defense under subsection (d)(2) shall be 

23 available in any prosecution that involves child pornog24 raphy as described in section 225(5). A defendant may 

25 not assert an affirmative defense to a charge of violating 


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1 paragraph (1), (2), or (4) of subsection (a) unless, within 

2 the time provided for filing pretrial motions or at such 

3 time prior to trial as the judge may direct, but in no event 

4 later than 14 days before the commencement of the trial, 

5 the defendant provides the court and the United States 

6 with notice of the intent to assert such defense and the 

7 substance of any expert or other specialized testimony or 

8 evidence upon which the defendant intends to rely. If the 

9 defendant fails to comply with this subsection, the court 

10 shall, absent a finding of extraordinary circumstances that 

11 prevented timely compliance, prohibit the defendant from 

12 asserting such defense to a charge of violating paragraph 

13 (1), (2), or (4) of subsection (a) or presenting any evi14 dence for which the defendant has failed to provide proper 

15 and timely notice. 

16 ‘‘(e) ADMISSIBILITY OF EVIDENCE.—On motion of 

17 the Government, in any prosecution under this subchapter 

18 or section 1445, except for good cause shown, the name, 

19 address, social security number, or other nonphysical iden20 tifying information, other than the age or approximate 

21 age, of any minor who is depicted in any child pornog22 raphy shall not be admissible and may be redacted from 

23 any otherwise admissible evidence, and the jury shall be 

24 instructed, upon request of the United States, that it can 

25 draw no inference from the absence of such evidence in 


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1 deciding whether the child pornography depicts an actual 

2 minor. 

3 ‘‘(f) EXPLOITATIVE VISUAL DEPICTION DEFINED.— 

4 In this section, a visual depiction is an exploitative visual 

5 depiction if— 

6 ‘‘(1) the producing of such visual depiction in7 volves the use of a child engaging in sexually explicit 

8 conduct; and 

9 ‘‘(2) such visual depiction is of such conduct. 

10 ‘‘§ 224. Misleading domain names on the Internet 

11 ‘‘(a) OBSCENITY.—Whoever knowingly uses a mis12 leading domain name on the Internet with the intent to 

13 deceive a person into viewing material constituting obscen14 ity shall be imprisoned not more than 2 years. 

15 ‘‘(b) MATERIAL HARMFUL TO MINORS.—Whoever 

16 knowingly uses a misleading domain name on the Internet 

17 with the intent to deceive a minor into viewing material 

18 that is harmful to minors on the Internet shall be impris19 oned not more than 10 years. 

20 ‘‘(c) DEFINITION.—For the purposes of this sec21 tion— 

22 ‘‘(1) a domain name that includes a word or 

23 words to indicate the sexual content of the site, such 

24 as ‘sex’ or ‘porn’, is not misleading; 


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1 ‘‘(2) the term ‘material that is harmful to mi2 nors’ means any communication, consisting of nu3 dity, sex, or excretion, that, taken as a whole and 

4 with reference to its context— 

5 ‘‘(A) predominantly appeals to a prurient 

6 interest of minors; 

7 ‘‘(B) is patently offensive to prevailing 

8 standards in the adult community as a whole 

9 with respect to what is suitable material for mi10 nors; and 

11 ‘‘(C) lacks serious literary, artistic, polit12 ical, or scientific value for minors; and 

13 ‘‘(3) as used in this subsection, the term ‘sex’ 

14 means acts of masturbation, sexual intercourse, or 

15 physical contact with a person’s genitals, or the con16 dition of human male or female genitals when in a 

17 state of sexual stimulation or arousal. 

18 ‘‘§ 225. Definitions for subchapter 

19 ‘‘In this subchapter the following definitions apply: 

20 ‘‘(1)(A) Except as provided in subparagraph 

21 (B), the term ‘sexually explicit conduct’ means ac22 tual or simulated— 

23 ‘‘(i) sexual intercourse, including genital24 genital, oral-genital, anal-genital, or oral-anal, 


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1 whether between persons of the same or oppo2 site sex; 

3 ‘‘(ii) bestiality; 

4 ‘‘(iii) masturbation; 

5 ‘‘(iv) sadistic or masochistic abuse; or 

6 ‘‘(v) lascivious exhibition of the genitals or 

7 pubic area of any person. 

8 ‘‘(B) For purposes of paragraph 5(B), the term 

9 ‘sexually explicit conduct’ means— 

10 ‘‘(i) graphic sexual intercourse, including 

11 genital-genital, oral-genital, anal-genital, or 

12 oral-anal, whether between persons of the same 

13 or opposite sex, or lascivious simulated sexual 

14 intercourse where the genitals, breast, or pubic 

15 area of any person is exhibited; 

16 ‘‘(ii) graphic or lascivious simulated— 

17 ‘‘(I) bestiality; 

18 ‘‘(II) masturbation; or 

19 ‘‘(III) sadistic or masochistic abuse; 

20 or 

21 ‘‘(iii) graphic or simulated lascivious exhi22 bition of the genitals or pubic area of any per23 son. 


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1 ‘‘(2) The term ‘producing’ means producing, di2 recting, manufacturing, issuing, publishing, or ad3 vertising. 

4 ‘‘(3) The term ‘visual depiction’ includes unde5 veloped film and videotape, data stored on computer 

6 disk or by electronic means which is capable of con7 version into a visual image, and data which is capa8 ble of conversion into a visual image that has been 

9 transmitted by any means, whether or not stored in 

10 a permanent format. 

11 ‘‘(4) The term ‘custody or control’ includes 

12 temporary supervision over or responsibility for a 

13 minor whether legally or illegally obtained. 

14 ‘‘(5) The term ‘child pornography’ means any 

15 visual depiction of sexually explicit conduct, where— 

16 ‘‘(A) the production of such visual depic17 tion involves the use of a minor engaging in 

18 sexually explicit conduct; 

19 ‘‘(B) such visual depiction is a digital 

20 image, computer image, or computer-generated 

21 image that is, or is indistinguishable from, that 

22 of a minor engaging in sexually explicit con23 duct; or 

24 ‘‘(C) such visual depiction has been cre25 ated, adapted, or modified to appear that an 


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1 identifiable minor is engaging in sexually ex2 plicit conduct. 

3 ‘‘(6) The term ‘identifiable minor’— 

4 ‘‘(A) means a person— 

5 ‘‘(i)(I) who was a minor at the time 

6 the visual depiction was created, adapted, 

7 or modified; or 

8 ‘‘(II) whose image as a minor was 

9 used in creating, adapting, or modifying 

10 the visual depiction; and 

11 ‘‘(ii) who is recognizable as an actual 

12 person by the person’s face, likeness, or 

13 other distinguishing characteristic, such as 

14 a unique birthmark or other recognizable 

15 feature; and 

16 ‘‘(B) shall not be construed to require 

17 proof of the actual identity of the identifiable 

18 minor. 

19 ‘‘(7) The term ‘graphic’, when used with re20 spect to a depiction of sexually explicit conduct, 

21 means that a viewer can observe any part of the 

22 genitals or pubic area of any depicted person or ani23 mal during any part of the time that the sexually ex24 plicit conduct is being depicted. 


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1 ‘‘(8) The term ‘indistinguishable’ used with re2 spect to a depiction, means virtually indistinguish3 able, in that the depiction is such that an ordinary 

4 person viewing the depiction would conclude that the 

5 depiction is of an actual minor engaged in sexually 

6 explicit conduct. This definition does not apply to 

7 depictions that are drawings, cartoons, sculptures, or 

8 paintings depicting minors or adults. 

9 ‘‘§ 226. Recordkeeping requirements 

10 ‘‘(a) DUTY TO KEEP RECORDS.—Whoever produces 

11 any book, magazine, periodical, film, videotape, or other 

12 matter which— 

13 ‘‘(1) contains one or more visual depictions 

14 made after November 1, 1990, of actual sexually ex15 plicit conduct; and 

16 ‘‘(2) is produced in whole or in part with mate17 rials which have been mailed or shipped in interstate 

18 or foreign commerce, or is shipped or transported or 

19 is intended for shipment or transportation in inter20 state or foreign commerce; 

21 shall create and maintain individually identifiable records 

22 pertaining to every performer portrayed in such a visual 

23 depiction. 

24 ‘‘(b) DUTY TO ASCERTAIN CERTAIN INFORMA25 TION.—Any person to whom subsection (a) applies shall, 


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1 with respect to every performer portrayed in a visual de2 piction of actual sexually explicit conduct— 

3 ‘‘(1) ascertain, by examination of an identifica4 tion document containing such information, the per5 former’s name and date of birth, and require the 

6 performer to provide such other indicia of his or her 

7 identity as may be prescribed by regulations; 

8 ‘‘(2) ascertain any name, other than the per9 former’s present and correct name, ever used by the 

10 performer including maiden name, alias, nickname, 

11 stage, or professional name; and 

12 ‘‘(3) record in the records required by sub13 section (a) the information required by paragraphs 

14 (1) and (2) of this subsection and such other identi15 fying information as may be prescribed by regula16 tion. 

17 ‘‘(c) WHERE RECORDS MAINTAINED AND AVAIL18 ABILITY FOR INSPECTION.—Any person to whom sub19 section (a) applies shall maintain the records required by 

20 this section at his business premises, or at such other 

21 place as the Attorney General may by regulation prescribe 

22 and shall make such records available to the Attorney 

23 General for inspection at all reasonable times. 

24 ‘‘(d) EXCLUSION OF EVIDENCE.— 


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1 ‘‘(1) No information or evidence obtained from 

2 records required to be created or maintained by this 

3 section shall, except as provided in this section, di4 rectly or indirectly, be used as evidence against any 

5 person with respect to any violation of law. 

6 ‘‘(2) Paragraph (1) of this subsection does not 

7 preclude the use of such information or evidence in 

8 a prosecution or other action for a violation of this 

9 subchapter or subchapter F of chapter 35, or for a 

10 violation of any applicable provision of law with re11 spect to the furnishing of false information. 

12 ‘‘(e) STATEMENT.— 

13 ‘‘(1) Any person to whom subsection (a) applies 

14 shall cause to be affixed to every copy of any matter 

15 described in paragraph (1) of subsection (a) of this 

16 section, in such manner and in such form as the At17 torney General shall by regulations prescribe, a 

18 statement describing where the records required by 

19 this section with respect to all performers depicted 

20 in that copy of the matter may be located. 

21 ‘‘(2) If the person to whom subsection (a) of 

22 this section applies is an organization the statement 

23 required by this subsection shall include the name, 

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1 ployed by such organization responsible for main2 taining the records required by this section. 

3 ‘‘(f) UNLAWFUL ACTS.—It shall be unlawful— 

4 ‘‘(1) for any person to whom subsection (a) ap5 plies to fail to create or maintain the records as re6 quired by subsections (a) and (c) or by any regula7 tion promulgated under this section; 

8 ‘‘(2) for any person to whom subsection (a) ap9 plies knowingly to make any false entry in or know10 ingly to fail to make an appropriate entry in, any 

11 record required by subsection (b) of this section or 

12 any regulation promulgated under this section; 

13 ‘‘(3) for any person to whom subsection (a) ap14 plies knowingly to fail to comply with subsection (e) 

15 or any regulation promulgated pursuant to that sub16 section; and 

17 ‘‘(4) for any person knowingly to sell or other18 wise transfer, or offer for sale or transfer, any book, 

19 magazine, periodical, film, video, or other matter, 

20 produce in whole or in part with materials which 

21 have been mailed or shipped in interstate or foreign 

22 commerce or which is intended for shipment in 

23 interstate or foreign commerce, which— 


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1 ‘‘(A) contains one or more visual depictions 

2 made after November 1, 1990, of actual sexu3 ally explicit conduct; and 

4 ‘‘(B) is produced in whole or in part with 

5 materials which have been mailed or shipped in 

6 interstate or foreign commerce, or is shipped or 

7 transported or is intended for shipment or 

8 transportation in interstate or foreign com9 merce; 

10 which does not have affixed thereto, in a manner 

11 prescribed as set forth in subsection (e)(1), a state12 ment describing where the records required by this 

13 section may be located, but such person shall have 

14 no duty to determine the accuracy of the contents of 

15 the statement or the records required to be kept. 

16 ‘‘(g) REGULATIONS.—The Attorney General shall 

17 issue appropriate regulations to carry out this section. 

18 ‘‘(h) DEFINITIONS.—As used in this section— 

19 ‘‘(1) the term ‘actual sexually explicit conduct’ 

20 means actual but not simulated conduct as defined 

21 in clauses (i) through (v) of section 225(1)(A); 

22 ‘‘(2) ‘identification document’ has the meaning 

23 given that term in section 783; 

24 ‘‘(3) the term ‘produces’ means to produce, 

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1 odical, film, video tape, computer generated image, 

2 digital image, or picture, or other similar matter and 

3 includes the duplication, reproduction, or reissuing 

4 of any such matter, but does not include mere dis5 tribution or any other activity which does not involve 

6 hiring, contracting for managing, or otherwise ar7 ranging for the participation of the performers de8 picted; and 

9 ‘‘(4) the term ‘performer’ includes any person 

10 portrayed in a visual depiction engaging in, or as11 sisting another person to engage in, actual sexually 

12 explicit conduct. 

13 ‘‘(i) PENALTY FOR ANY VIOLATION OF THIS SEC14 TION.—Whoever violates this section shall be imprisoned 

15 for not more than 5 years. Whoever violates this section 

16 after having been convicted of a violation punishable under 

17 this section shall be imprisoned for any period of years 

18 not more than 10 years but not less than 2 years. 

19 ‘‘§ 227. Failure to report child abuse 

20 ‘‘Whoever, while engaged in a professional capacity 

21 or activity described in subsection (b) of section 226 of 

22 the Victims of Child Abuse Act of 1990 on Federal land 

23 or in a federally operated (or contracted) facility, learns 

24 of facts that give reason to suspect that a child has suf25 fered an incident of child abuse, as defined in subsection 


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1 (c) of that section, and fails to make a timely report as 

2 required by subsection (a) of that section, shall be impris3 oned not more than 1 year. 

4 ‘‘SUBCHAPTER D—SEX OFFENDER REGISTRY 

‘‘241. Failure to register. 

5 ‘‘§ 241. Failure to register 

6 ‘‘(a) IN GENERAL.—Whoever— 

7 ‘‘(1) is required to register under the Sex Of8 fender Registration and Notification Act; 

9 ‘‘(2)(A) is a sex offender as defined for the pur10 poses of the Sex Offender Registration and Notifica11 tion Act by reason of a conviction under Federal law 

12 (including the Uniform Code of Military Justice), 

13 the law of the District of Columbia, Indian tribal 

14 law, or the law of any territory or possession of the 

15 United States; or 

16 ‘‘(B) travels in interstate or foreign commerce, 

17 or enters or leaves, or resides in, Indian country; 

18 and 

19 ‘‘(3) knowingly fails to register or update a reg20 istration as required by the Sex Offender Registra21 tion and Notification Act; 

22 shall be imprisoned not more than 10 years. 


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1 ‘‘(b) AFFIRMATIVE DEFENSE.—In a prosecution for 

2 a violation under subsection (a), it is an affirmative de3 fense that— 

4 ‘‘(1) uncontrollable circumstances prevented the 

5 individual from complying; 

6 ‘‘(2) the individual did not contribute to the 

7 creation of such circumstances in reckless disregard 

8 of the requirement to comply; and 

9 ‘‘(3) the individual complied as soon as such 

10 circumstances ceased to exist. 

11 ‘‘(c) CRIME OF VIOLENCE.— 

12 ‘‘(1) IN GENERAL.—An individual described in 

13 subsection (a) who commits a crime of violence 

14 under Federal law (including the Uniform Code of 

15 Military Justice), the law of the District of Colum16 bia, Indian tribal law, or the law of any territory or 

17 possession of the United States shall be imprisoned 

18 for not less than 5 years and not more than 30 

19 years. 

20 ‘‘(2) ADDITIONAL PUNISHMENT.—The punish21 ment provided in paragraph (1) shall be in addition 

22 and consecutive to the punishment provided for the 

23 violation described in subsection (a). 


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1 ‘‘SUBCHAPTER E—GENERAL PROVISIONS AND 

2 DEFINITIONS 

‘‘255. Repeat offenders. 

‘‘256. Civil remedy for personal injuries. 

3 ‘‘§ 255. Repeat offenders 

4 ‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The 

5 maximum term of imprisonment for a violation of sub6 chapter A or B after a prior sex offense conviction shall 

7 be twice the term of imprisonment otherwise provided by 

8 this chapter, unless section 3559(e) applies. 

9 ‘‘(b) DEFINITIONS.—In this section the term ‘prior 

10 sex offense conviction’ means a conviction for an offense— 

11 ‘‘(1) under subchapter A, B, or C of this chap12 ter or section 1265; or 

13 ‘‘(2) under State law consisting of conduct that 

14 would have been an offense under this chapter if the 

15 conduct had occurred within the special maritime 

16 and territorial jurisdiction of the United States. 

17 ‘‘§ 256. Civil remedy for personal injuries 

18 ‘‘(a) IN GENERAL.—Any person who, while a minor, 

19 was a victim of a violation of section 201, 202, 203, 211, 

20 212, 213, 221, 222, or 223 and who suffers personal in21 jury as a result of such violation may sue in any appro22 priate United States District Court and shall recover the 

23 actual damages such person sustains and the cost of the 

24 suit, including a reasonable attorney’s fee. Any person as 


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1 described in the preceding sentence shall be deemed to 

2 have sustained damages of no less than $150,000 in value. 

3 ‘‘(b) STATUTE OF LIMITATIONS.—Any action com4 menced under this section shall be barred unless the com5 plaint is filed within six years after the right of action 

6 first accrues or in the case of a person under a legal dis7 ability, not later than three years after the disability. 

8 ‘‘CHAPTER 15—NATIONAL SECURITY AND 

9 RELATED CRIMES 

‘‘Subchapter 

‘‘A. Treason, sedition, and subversive activities 

‘‘B. Terrorism 

‘‘C. Military and navy 

‘‘D. Civil disorders and riots 

‘‘E. Espionage and censorship 

‘‘F. Immigration and nationality 

10 ‘‘SUBCHAPTER A—TREASON, SEDITION, AND 

11 SUBVERSIVE ACTIVITIES 

‘‘261. Treason. 

‘‘262. Misprision of treason. 

‘‘263. Rebellion or insurrection. 

‘‘264. Seditious conspiracy. 

‘‘265. Advocating overthrow of Government. 

12 ‘‘§ 261. Treason 

13 ‘‘Whoever, owing allegiance to the United States, lev14 ies war against them or adheres to their enemies, giving 

15 them aid and comfort within the United States or else16 where, is guilty of treason and shall suffer death or be 

17 imprisoned for any term of years not less than five, and 

18 shall be incapable of holding any office under the United 

19 States. 


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1 ‘‘§ 262. Misprision of treason 

2 ‘‘Whoever, owing allegiance to the United States and 

3 having knowledge of the commission of any treason 

4 against them, conceals and does not, as soon as may be, 

5 disclose and make known the same to the President or 

6 to some judge of the United States, or to the governor 

7 or to some judge or justice of a particular State, is guilty 

8 of misprision of treason and shall be imprisoned not more 

9 than seven years. 

10 ‘‘§ 263. Rebellion or insurrection 

11 ‘‘Whoever incites, sets on foot, assists, or engages in 

12 any rebellion or insurrection against the authority of the 

13 United States or the laws thereof, or gives aid or comfort 

14 thereto, shall be imprisoned not more than ten years and 

15 shall be incapable of holding any office under the United 

16 States. 

17 ‘‘§ 264. Seditious conspiracy 

18 ‘‘If two or more persons in any State, or in any place 

19 subject to the jurisdiction of the United States, conspire 

20 to overthrow, put down, or to destroy by force the Govern21 ment of the United States, or to levy war against them, 

22 or to oppose by force the authority thereof, or by force 

23 to prevent, hinder, or delay the execution of any law of 

24 the United States, or by force to seize, take, or possess 

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1 ity thereof, they shall each be imprisoned not more than 

2 20 years. 

3 ‘‘§ 265. Advocating overthrow of Government 

4 ‘‘(a) IN GENERAL.—Whoever— 

5 ‘‘(1) knowingly advocates, advises, or teaches 

6 the duty, necessity, desirability, or propriety of over7 throwing or destroying the Government of the 

8 United States or the government of any State, or 

9 the government of any political subdivision therein, 

10 by force or violence, or by the assassination of any 

11 officer of any such government; 

12 ‘‘(2) with intent to cause the overthrow or de13 struction of any such government, prints, publishes, 

14 edits, issues, circulates, sells, distributes, or publicly 

15 displays any written or printed matter advocating, 

16 advising, or teaching the duty, necessity, desirability, 

17 or propriety of overthrowing or destroying any gov18 ernment in the United States by force or violence; 

19 or 

20 ‘‘(3) organizes or helps to organize any society, 

21 group, or assembly of persons who teach, advocate, 

22 or encourage the overthrow or destruction of any 

23 such government by force or violence; or becomes or 

24 is a member of, or affiliates with, any such society, 


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1 group, or assembly of persons, knowing the purposes 

2 thereof; 

3 shall be imprisoned not more than 20 years, and shall be 

4 ineligible for employment by the United States or any de5 partment or agency thereof, for the five years next fol6 lowing the conviction. 

7 ‘‘(b) DEFINITION.—As used in this section, the term 

8 ‘organize’, with respect to any society, group, or assembly 

9 of persons, includes the recruiting of new members, the 

10 forming of new units, and the regrouping or expansion of 

11 existing clubs, classes, and other units of such society, 

12 group, or assembly of persons. 

13 ‘‘SUBCHAPTER B—TERRORISM 

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

‘‘272. Atomic weapons. 

‘‘273. Acts of terrorism transcending national boundaries. 

‘‘274. Financial transactions. 

‘‘275. Missile systems designed to destroy aircraft. 

‘‘276. Radiological dispersal devices. 

‘‘277. Harboring or concealing terrorists. 

‘‘278. Providing material support to terrorists. 

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

‘‘280. Prohibitions against the financing of terrorism. 

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

‘‘282. Civil remedies. 

‘‘283. Definitions for subchapter. 

14 ‘‘§ 271. Weapons of mass destruction, and explosives 

15 and other lethal devices 

16 ‘‘(a) OFFENSE.—Whoever, without lawful authority, 

17 uses, threatens, to use, a weapon of mass destruction or 

18 an explosive or other lethal device— 


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1 ‘‘(1) against any property that is owned, leased, 

2 or used by the United States or by any department 

3 or agency of the United States, whether the property 

4 is within or outside of the United States; 

5 ‘‘(2) against a national of the United States 

6 while such national is outside of the United States; 

7 ‘‘(3) against any person or property within the 

8 United States, if the offense is in, or affects, inter9 state or foreign commerce; or 

10 ‘‘(4) against any person or property outside of 

11 the United States, if the offender is a national of the 

12 United States; 

13 shall be imprisoned for any term of years or for life, and 

14 if death results, shall be punished by death or imprisoned 

15 for any term of years or for life. 

16 ‘‘(b) DEFINITIONS.—As used in this section— 

17 ‘‘(1) the term ‘weapon of mass destruction’ 

18 means— 

19 ‘‘(A) any destructive device as defined in 

20 section 581; 

21 ‘‘(B) any weapon that is designed or in22 tended to cause death or serious bodily injury 

23 through the release, dissemination, or impact of 

24 toxic or poisonous chemicals, or their precur25 sors; 


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1 ‘‘(C) any weapon involving a biological 

2 agent, toxin, or vector (as those terms are in 

3 defined in section 627); 

4 ‘‘(D) any weapon that is designed to re5 lease radiation or radioactivity at a level dan6 gerous to human life; or 

7 ‘‘(E) any lethal device or explosive; 

8 ‘‘(2) the term ‘property’ includes all real and 

9 personal property; 

10 ‘‘(3) the term ‘explosive’ has the meaning given 

11 in section 614(j) insofar that it is designed, or has 

12 the capability, to cause death, serious bodily injury, 

13 or substantial material damage; and 

14 ‘‘(4) the term ‘other lethal device’ means any 

15 weapon or device that is designed or has the capa16 bility to cause death, serious bodily injury, or sub17 stantial damage to property through the release, dis18 semination, or impact of toxic chemicals, biological 

19 agents, or toxins (as those terms are defined in sec20 tion 627) or radiation or radioactive material. 

21 ‘‘§ 272. Atomic weapons 

22 ‘‘(a) OFFENSE.—Whoever, except as provided in sec23 tion 91 of the Atomic Energy Act of 1954, in or affecting 

24 interstate or foreign commerce in the United States, or 

25 as made applicable by subsection (b) outside the United 


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1 States, knowingly participates in the development of, man2 ufactures, produces, transfers, acquires, receives, pos3 sesses, imports, exports, or uses, or possesses and threat4 ens to use, any atomic weapon. Nothing in this section 

5 modifies section 31 a. or section 101 of the Atomic Energy 

6 Act of 1954. 

7 ‘‘(b) FEDERAL NEXUS TO CONDUCT OUTSIDE OF

8 THE UNITED STATES.—Conduct outside the United 

9 States is prohibited by subsection (a) if— 

10 ‘‘(1) the offense is committed by a national of 

11 the United States; or 

12 ‘‘(2) the offense is committed against a national 

13 of the United States. 

14 ‘‘§ 273. Acts of terrorism transcending national 

15 boundaries 

16 ‘‘(a) PROHIBITED ACTS.— 

17 ‘‘(1) OFFENSES.—Whoever, involving conduct 

18 transcending national boundaries and as made appli19 cable by subsection (b)— 

20 ‘‘(A) kills, kidnaps, maims, commits an as21 sault resulting in serious bodily injury, or as22 saults with a dangerous weapon any person 

23 within the United States; or 

24 ‘‘(B) creates a substantial risk of serious 

25 bodily injury to any other person by destroying 


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1 or damaging any structure, conveyance, or 

2 other real or personal property within the 

3 United States or by attempting or conspiring to 

4 destroy or damage any structure, conveyance, 

5 or other real or personal property within the 

6 United States; 

7 in violation of the laws of any State, or the United 

8 States, shall be punished as prescribed in subsection 

9 (c). 

10 ‘‘(2) TREATMENT OF THREATS.—Whoever 

11 threatens to commit an offense under paragraph (1) 

12 shall be punished under subsection (c). 

13 ‘‘(b) APPLICABILITY.— 

14 ‘‘(1) IN GENERAL.—Subsection (a) applies if— 

15 ‘‘(A) the mail or any facility of interstate 

16 or foreign commerce is used in furtherance of 

17 the offense; 

18 ‘‘(B) the offense obstructs, delays, or af19 fects interstate or foreign commerce, or would 

20 have so obstructed, delayed, or affected inter21 state or foreign commerce if the offense had 

22 been consummated; 

23 ‘‘(C) the victim, or intended victim, is the 

24 United States Government, a member of the 

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1 ployee, or agent of the legislative, executive, or 

2 judicial branches, or of any department or 

3 agency, of the United States; 

4 ‘‘(D) the structure, conveyance, or other 

5 real or personal property is, in whole or in part, 

6 owned, possessed, or leased to the United 

7 States, or any department or agency of the 

8 United States; 

9 ‘‘(E) the offense is committed in the terri10 torial sea (including the airspace above and the 

11 seabed and subsoil below, and artificial islands 

12 and fixed structures erected thereon) of the 

13 United States; or 

14 ‘‘(F) the offense is committed within the 

15 special maritime and territorial jurisdiction of 

16 the United States. 

17 ‘‘(2) CO-CONSPIRATORS AND ACCESSORIES

18 AFTER THE FACT.—Subsection (a) applies with re19 spect to all principals and co-conspirators of an of20 fense under this section, and accessories after the 

21 fact to any offense under this section, if at least one 

22 of the circumstances described in subparagraphs (A) 

23 through (F) of paragraph (1) is applicable to at 

24 least one offender. 

25 ‘‘(c) PENALTIES.— 


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1 ‘‘(1) GENERALLY.—Whoever violates this sec2 tion shall be punished— 

3 ‘‘(A) for a killing, or if death results to 

4 any person from any other conduct prohibited 

5 by this section, by death, or by imprisonment 

6 for any term of years or for life; 

7 ‘‘(B) for kidnapping, by imprisonment for 

8 any term of years or for life; 

9 ‘‘(C) for maiming, by imprisonment for not 

10 more than 35 years; 

11 ‘‘(D) for assault with a dangerous weapon 

12 or assault resulting in serious bodily injury, by 

13 imprisonment for not more than 30 years; 

14 ‘‘(E) for destroying or damaging any 

15 structure, conveyance, or other real or personal 

16 property, by imprisonment for not more than 

17 25 years; 

18 ‘‘(F) for attempting or conspiring to com19 mit an offense, for any term of years up to the 

20 maximum punishment that would have applied 

21 had the offense been completed; and 

22 ‘‘(G) for threatening to commit an offense 

23 under this section, by imprisonment for not 

24 more than 10 years. 


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1 ‘‘(2) CONSECUTIVE SENTENCE.—Notwith2 standing any other provision of law, the court shall 

3 not place on probation any person convicted of a vio4 lation of this section; nor shall the term of imprison5 ment imposed under this section run concurrently 

6 with any other term of imprisonment. 

7 ‘‘(d) PROOF REQUIREMENTS.—The following shall 

8 apply to prosecutions under this section: 

9 ‘‘(1) KNOWLEDGE.—The prosecution is not re10 quired to prove knowledge by any defendant of a ju11 risdictional base alleged in the indictment. 

12 ‘‘(2) STATE LAW.—In a prosecution under this 

13 section that is based upon the adoption of State law, 

14 only the elements of the offense under State law, 

15 and not any provisions pertaining to criminal proce16 dure or evidence, are adopted. 

17 ‘‘(e) EXTRATERRITORIAL JURISDICTION.—There is 

18 extraterritorial jurisdiction over any offense under this 

19 section. 

20 ‘‘(f) REQUESTS FOR MILITARY ASSISTANCE.—The 

21 Attorney General may request the Secretary of Defense 

22 to provide assistance under section 382 of title 10 in sup23 port of Department of Justice activities relating to the en24 forcement of section 271 during an emergency situation 

25 involving a weapon of mass destruction. The authority to 


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1 make such a request may be exercised by another official 

2 of the Department of Justice in accordance with section 

3 382(f)(2) of title 10. 

4 ‘‘(g) DEFINITIONS.—As used in this section— 

5 ‘‘(1) the term ‘conduct transcending national 

6 boundaries’ means conduct occurring outside of the 

7 United States in addition to the conduct occurring 

8 in the United States; 

9 ‘‘(2) the term ‘territorial sea of the United 

10 States’ means all waters extending seaward to 12 

11 nautical miles from the baselines of the United 

12 States, determined in accordance with international 

13 law; and 

14 ‘‘(3) the term ‘Federal crime of terrorism’ 

15 means an offense that— 

16 ‘‘(A) is calculated to influence or affect the 

17 conduct of government by intimidation or coer18 cion, or to retaliate against government con19 duct; and 

20 ‘‘(B) is a violation of— 

21 ‘‘(i) section 1301 (relating to destruc22 tion of aircraft or aircraft facilities), 1305 

23 (relating to violence at international air24 ports), 571 (relating to arson within spe25 cial maritime and territorial jurisdiction), 


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1 621 or 623 (relating to biological weap2 ons), 624 (relating to variola virus), 631 

3 (relating to chemical weapons), 102(2), 

4 (4), (6), (7), or (8) (relating to certain 

5 Federally punishable homicides), 121 (re6 lating to kidnapping) if the victim is an in7 dividual whose killing is an offense under 

8 102(6) or (7), 601 (relating to prohibited 

9 transactions involving nuclear materials), 

10 612(m) or (n) (relating to plastic explo11 sives), 614(f)(2) or (3) (relating to arson 

12 and bombing of Government property risk13 ing or causing death), 614(i) (relating to 

14 arson and bombing of property used in 

15 interstate commerce), 593(c) (relating to 

16 killing or attempted killing during an at17 tack on a Federal facility with a dangerous 

18 weapon), 924(a) (relating to conspiracy to 

19 kill, kidnap, maim, or injure persons or 

20 damage property in a foreign country), 

21 787(a)(1) or (a)(5)(A) (relating to fraud 

22 and related activity in connection with 

23 computers), 123 (relating to hostage tak24 ing), 1201 (relating to government prop25 erty or contracts), 1202 (relating to deVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 struction of communication lines, stations, 

2 or systems), 1203 (relating to injury to 

3 buildings or property within special mari4 time and territorial jurisdiction of the 

5 United States), 1205(a) (relating to de6 struction of an energy facility), 1331 (re7 lating to terrorist attacks and other acts of 

8 violence against railroad carriers and 

9 against mass transportation systems on 

10 land, on water, or through the air), 1345 

11 (relating to violence against maritime navi12 gation), 271 (relating to weapons of mass 

13 destruction, and explosives and other lethal 

14 devices), 273 (relating to acts of terrorism 

15 transcending national boundaries), 275 

16 (relating to missile systems designed to de17 stroy aircraft), 276 (relating to radiological 

18 dispersal devices), 277 (relating to har19 boring terrorists), 278 (relating to pro20 viding material support to terrorists), 279 

21 (relating to providing material support to 

22 terrorist organizations), 280 (relating to 

23 prohibitions against the financing of ter24 rorism), 281 (relating to receiving militaryVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 type training from a foreign terrorist orga2 nization), or 1291 (relating to torture); 

3 ‘‘(ii) section 92 (relating to prohibi4 tions governing atomic weapons) or 236 

5 (relating to sabotage of nuclear facilities or 

6 fuel) of the Atomic Energy Act of 1954; 

7 ‘‘(iii) section 46502 (relating to air8 craft piracy), the second sentence of sec9 tion 46504 (relating to assault on a flight 

10 crew with a dangerous weapon), section 

11 46505(b)(3) or (c) (relating to explosive or 

12 incendiary devices, or endangerment of 

13 human life by means of weapons, on air14 craft), section 46506 if homicide or at15 tempted homicide is involved (relating to 

16 application of certain criminal laws to acts 

17 on aircraft), or section 60123(b) (relating 

18 to destruction of interstate gas or haz19 ardous liquid pipeline facility) of title 49; 

20 or 

21 ‘‘(iv) section 1010A of the Controlled 

22 Substances Import and Export Act (relat23 ing to narco-terrorism). 


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1 ‘‘§ 274. Financial transactions 

2 ‘‘(a) OFFENSE.—Except as provided in regulations 

3 issued by the Secretary of the Treasury, in consultation 

4 with the Secretary of State, whoever, being a United 

5 States person, knowing or having reasonable cause to 

6 know that a country is designated under section 6(j) of 

7 the Export Administration Act of 1979 as a country sup8 porting international terrorism, engages in a financial 

9 transaction with the government of that country, shall be 

10 imprisoned for not more than 10 years. 

11 ‘‘(b) DEFINITIONS.—As used in this section— 

12 ‘‘(1) the term ‘financial transaction’ has the 

13 same meaning as in section 1451; and 

14 ‘‘(2) the term ‘United States person’ means 

15 any— 

16 ‘‘(A) United States citizen or national; 

17 ‘‘(B) permanent resident alien; 

18 ‘‘(C) juridical person organized under the 

19 laws of the United States; or 

20 ‘‘(D) any person in the United States. 

21 ‘‘§ 275. Missile systems designed to destroy aircraft 

22 ‘‘(a) UNLAWFUL CONDUCT.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (3), it shall be unlawful for any person to 

25 knowingly produce, construct, otherwise acquire, 

26 transfer directly or indirectly, receive, possess, imVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 port, export, or use, or possess and threaten to 

2 use— 

3 ‘‘(A) an explosive or incendiary rocket or 

4 missile that is guided by any system designed to 

5 enable the rocket or missile to— 

6 ‘‘(i) seek or proceed toward energy ra7 diated or reflected from an aircraft or to8 ward an image locating an aircraft; or 

9 ‘‘(ii) otherwise direct or guide the 

10 rocket or missile to an aircraft; 

11 ‘‘(B) any device designed or intended to 

12 launch or guide a rocket or missile described in 

13 subparagraph (A); or 

14 ‘‘(C) any part or combination of parts de15 signed or redesigned for use in assembling or 

16 fabricating a rocket, missile, or device described 

17 in subparagraph (A) or (B). 

18 ‘‘(2) NONWEAPON.—Paragraph (1)(A) does not 

19 apply to any device that is neither designed nor re20 designed for use as a weapon. 

21 ‘‘(3) EXCLUDED CONDUCT.—This subsection 

22 does not apply with respect to— 

23 ‘‘(A) conduct by or under the authority of 

24 the United States or any department or agency 


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1 thereof or of a State or any department or 

2 agency thereof; or 

3 ‘‘(B) conduct pursuant to the terms of a 

4 contract with the United States or any depart5 ment or agency thereof or with a State or any 

6 department or agency thereof. 

7 ‘‘(b) JURISDICTION.—Conduct prohibited by sub8 section (a) is within the jurisdiction of the United States 

9 if— 

10 ‘‘(1) the offense occurs in or affects interstate 

11 or foreign commerce; 

12 ‘‘(2) the offense occurs outside of the United 

13 States and is committed by a national of the United 

14 States; 

15 ‘‘(3) the offense is committed against a national 

16 of the United States while the national is outside the 

17 United States; 

18 ‘‘(4) the offense is committed against any prop19 erty that is owned, leased, or used by the United 

20 States or by any department or agency of the United 

21 States, whether the property is within or outside the 

22 United States; or 

23 ‘‘(5) an offender aids or abets any person over 

24 whom jurisdiction exists under this subsection in 

25 committing an offense under this section or conVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 spires with any person over whom jurisdiction exists 

2 under this subsection to commit an offense under 

3 this section. 

4 ‘‘(c) CRIMINAL PENALTIES.— 

5 ‘‘(1) IN GENERAL.—Whoever violates subsection 

6 (a) shall be sentenced to a term of imprisonment not 

7 less than 25 years or to imprisonment for life. 

8 ‘‘(2) OTHER CIRCUMSTANCES.—Whoever, in the 

9 course of a violation of subsection (a), uses or pos10 sesses and threatens to use, any item or items de11 scribed in subsection (a), shall be imprisoned for not 

12 less than 30 years or imprisoned for life. 

13 ‘‘(3) SPECIAL CIRCUMSTANCES.—If the death 

14 of another results from a person’s violation of sub15 section (a), the person shall be punished by impris16 onment for life. 

17 ‘‘(d) DEFINITION.—As used in this section, the term 

18 ‘aircraft’ has the definition set forth in section 

19 40102(a)(6) of title 49. 

20 ‘‘§ 276. Radiological dispersal devices 

21 ‘‘(a) UNLAWFUL CONDUCT.— 

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (2), it shall be unlawful for any person to 

24 knowingly produce, construct, otherwise acquire, 

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1 port, export, or use, or possess and threaten to 

2 use— 

3 ‘‘(A) any weapon that is designed or in4 tended to release radiation or radioactivity at a 

5 level dangerous to human life; or 

6 ‘‘(B) any device or other object that is ca7 pable of and designed or intended to endanger 

8 human life through the release of radiation or 

9 radioactivity. 

10 ‘‘(2) EXCEPTION.—This subsection does not 

11 apply with respect to— 

12 ‘‘(A) conduct by or under the authority of 

13 the United States or any department or agency 

14 thereof; or 

15 ‘‘(B) conduct pursuant to the terms of a 

16 contract with the United States or any depart17 ment or agency thereof. 

18 ‘‘(b) JURISDICTION.—Conduct prohibited by sub19 section (a) is within the jurisdiction of the United States 

20 if— 

21 ‘‘(1) the offense occurs in or affects interstate 

22 or foreign commerce; 

23 ‘‘(2) the offense occurs outside of the United 

24 States and is committed by a national of the United 

25 States; 


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1 ‘‘(3) the offense is committed against a national 

2 of the United States while the national is outside the 

3 United States; 

4 ‘‘(4) the offense is committed against any prop5 erty that is owned, leased, or used by the United 

6 States or by any department or agency of the United 

7 States, whether the property is within or outside the 

8 United States; or 

9 ‘‘(5) an offender aids or abets any person over 

10 whom jurisdiction exists under this subsection in 

11 committing an offense under this section or con12 spires with any person over whom jurisdiction exists 

13 under this subsection to commit an offense under 

14 this section. 

15 ‘‘(c) CRIMINAL PENALTIES.— 

16 ‘‘(1) IN GENERAL.—Whoever violates subsection 

17 (a) shall be sentenced to a term of imprisonment not 

18 less than 25 years or to imprisonment for life. 

19 ‘‘(2) OTHER CIRCUMSTANCES.—Whoever, in the 

20 course of a violation of subsection (a), uses or pos21 sesses and threatens to use, any item or items de22 scribed in subsection (a), shall be imprisoned for not 

23 less than 30 years or imprisoned for life. 

24 ‘‘(3) SPECIAL CIRCUMSTANCES.—If the death 

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1 section (a), the person shall be punished by impris2 onment for life. 

3 ‘‘§ 277. Harboring or concealing terrorists 

4 ‘‘(a) OFFENSE.—Whoever harbors or conceals any 

5 person who he knows, or has reasonable grounds to be6 lieve, has committed, or is about to commit, an offense 

7 under section 1301 (relating to destruction of aircraft or 

8 aircraft facilities), section 621 (relating to biological weap9 ons), section 631 (relating to chemical weapons), section 

10 601 (relating to nuclear materials), paragraph (2) or (3) 

11 of section 614(f) (relating to arson and bombing of gov12 ernment property risking or causing injury or death), sec13 tion 1205(a) (relating to the destruction of an energy fa14 cility), section 1345 (relating to violence against maritime 

15 navigation), section 271 (relating to weapons of mass de16 struction), or section 273 (relating to acts of terrorism 

17 transcending national boundaries) of this title, section 

18 236(a) (relating to sabotage of nuclear facilities or fuel) 

19 of the Atomic Energy Act of 1954, or section 46502 (re20 lating to aircraft piracy) of title 49, shall imprisoned not 

21 more than ten years. 

22 ‘‘(b) VENUE.—A violation of this section may be 

23 prosecuted in any Federal judicial district in which the 

24 underlying offense was committed, or in any other Federal 

25 judicial district as provided by law. 


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1 ‘‘§ 278. Providing material support to terrorists 

2 ‘‘(a) OFFENSE.—Whoever provides material support 

3 or resources or conceals or disguises the nature, location, 

4 source, or ownership of material support or resources, 

5 knowing or intending that they are to be used in prepara6 tion for, or in carrying out, a violation of section 102(2), 

7 (4), (6), (7), or (8), 112 if the victim is an individual 

8 whose killing is an offense under section 102(6), (7), or 

9 (8), 121 if the victim is an individual whose killing is an 

10 offense under section 102(6) or (7), 123, 271, 273, 571, 

11 593(c), 601, 612(m) or (n), 614(f) or (i), 621, 631, 924, 

12 1201, 1202, 1203, 1205, 1281, 1291, 1297, 1301, 1305, 

13 1331, or 1345 of this title, section 236 of the Atomic En14 ergy Act of 1954, section 46502 or 60123(b) of title 49, 

15 or any offense listed in section 273(g)(3)(B) (except for 

16 sections 278 and 279) or in preparation for, or in carrying 

17 out, the concealment of an escape from the commission 

18 of any such violation shall be imprisoned not more than 

19 15 years. A violation of this section may be prosecuted 

20 in any Federal judicial district in which the underlying 

21 offense was committed, or in any other Federal judicial 

22 district as provided by law, and, if the death of any person 

23 results, shall be imprisoned for any term of years or for 

24 life. 

25 ‘‘(b) DEFINITIONS.—As used in this section— 


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1 ‘‘(1) the term ‘material support or resources’ 

2 means any property, tangible or intangible, or serv3 ice, including currency or monetary instruments or 

4 financial securities, financial services, lodging, train5 ing, expert advice or assistance, safehouses, false 

6 documentation or identification, communications 

7 equipment, facilities, weapons, lethal substances, ex8 plosives, personnel (1 or more individuals who may 

9 be or include oneself), and transportation, except 

10 medicine or religious materials; 

11 ‘‘(2) the term ‘training’ means instruction or 

12 teaching designed to impart a specific skill, as op13 posed to general knowledge; and 

14 ‘‘(3) the term ‘expert advice or assistance’ 

15 means advice or assistance derived from scientific, 

16 technical or other specialized knowledge. 

17 ‘‘§ 279. Providing material support or resources to 

18 designated foreign terrorist organiza19 tions 

20 ‘‘(a) PROHIBITED ACTIVITIES.— 

21 ‘‘(1) UNLAWFUL CONDUCT.—Whoever know22 ingly provides material support or resources to a for23 eign terrorist organization shall be imprisoned not 

24 more than 15 years, or both, and if the death of any 

25 person results, shall be imprisoned for any term of 


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1 years or for life. To violate this paragraph, a person 

2 must have knowledge that the organization is a des3 ignated terrorist organization (as defined in sub4 section (g)(6)), that the organization has engaged or 

5 engages in terrorist activity (as defined in section 

6 212(a)(3)(B) of the Immigration and Nationality 

7 Act), or that the organization has engaged or en8 gages in terrorism (as defined in section 140(d)(2) 

9 of the Foreign Relations Authorization Act, Fiscal 

10 Years 1988 and 1989). 

11 ‘‘(2) FINANCIAL INSTITUTIONS.—Except as au12 thorized by the Secretary, any financial institution 

13 that becomes aware that it has possession of, or con14 trol over, any funds in which a foreign terrorist or15 ganization, or its agent, has an interest, shall— 

16 ‘‘(A) retain possession of, or maintain con17 trol over, such funds; and 

18 ‘‘(B) report to the Secretary the existence 

19 of such funds in accordance with regulations 

20 issued by the Secretary. 

21 ‘‘(b) CIVIL PENALTY.—Any financial institution that 

22 knowingly fails to comply with subsection (a)(2) shall be 

23 subject to a civil penalty in an amount that is the greater 

24 of— 

25 ‘‘(1) $50,000 per violation; or 


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1 ‘‘(2) twice the amount of which the financial in2 stitution was required under subsection (a)(2) to re3 tain possession or control. 

4 ‘‘(c) INJUNCTION.—Whenever it appears to the Sec5 retary or the Attorney General that any person is engaged 

6 in, or is about to engage in, any act that constitutes, or 

7 would constitute, a violation of this section, the Attorney 

8 General may initiate civil action in a district court of the 

9 United States to enjoin such violation. 

10 ‘‘(d) EXTRATERRITORIAL JURISDICTION.—There is 

11 extraterritorial jurisdiction over an offense under this sec12 tion. 

13 ‘‘(e) CLASSIFIED INFORMATION IN CIVIL PRO14 CEEDINGS BROUGHT BY THE UNITED STATES.— 

15 ‘‘(1) DISCOVERY OF CLASSIFIED INFORMATION

16 BY DEFENDANTS.— 

17 ‘‘(A) REQUEST BY UNITED STATES.—In 

18 any civil proceeding under this section, upon re19 quest made ex parte and in writing by the 

20 United States, a court, upon a sufficient show21 ing, may authorize the United States to— 

22 ‘‘(i) redact specified items of classified 

23 information from documents to be intro24 duced into evidence or made available to 


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1 the defendant through discovery under the 

2 Federal Rules of Civil Procedure; 

3 ‘‘(ii) substitute a summary of the in4 formation for such classified documents; or 

5 ‘‘(iii) substitute a statement admitting 

6 relevant facts that the classified informa7 tion would tend to prove. 

8 ‘‘(B) ORDER GRANTING REQUEST.—If the 

9 court enters an order granting a request under 

10 this paragraph, the entire text of the documents 

11 to which the request relates shall be sealed and 

12 preserved in the records of the court to be made 

13 available to the appellate court in the event of 

14 an appeal. 

15 ‘‘(C) DENIAL OF REQUEST.—If the court 

16 enters an order denying a request of the United 

17 States under this paragraph, the United States 

18 may take an immediate, interlocutory appeal in 

19 accordance with paragraph (5). For purposes of 

20 such an appeal, the entire text of the docu21 ments to which the request relates, together 

22 with any transcripts of arguments made ex 

23 parte to the court in connection therewith, shall 

24 be maintained under seal and delivered to the 

25 appellate court. 


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1 ‘‘(2) INTRODUCTION OF CLASSIFIED INFORMA2 TION; PRECAUTIONS BY COURT.— 

3 ‘‘(A) EXHIBITS.—To prevent unnecessary 

4 or inadvertent disclosure of classified informa5 tion in a civil proceeding brought by the United 

6 States under this section, the United States 

7 may petition the court ex parte to admit, in lieu 

8 of classified writings, recordings, or photo9 graphs, one or more of the following: 

10 ‘‘(i) Copies of items from which classi11 fied information has been redacted. 

12 ‘‘(ii) Stipulations admitting relevant 

13 facts that specific classified information 

14 would tend to prove. 

15 ‘‘(iii) A declassified summary of the 

16 specific classified information. 

17 ‘‘(B) DETERMINATION BY COURT.—The 

18 court shall grant a request under this para19 graph if the court finds that the redacted item, 

20 stipulation, or summary is sufficient to allow 

21 the defendant to prepare a defense. 

22 ‘‘(3) TAKING OF TRIAL TESTIMONY.— 

23 ‘‘(A) OBJECTION.—During the examina24 tion of a witness in any civil proceeding brought 

25 by the United States under this subsection, the 


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1 United States may object to any question or 

2 line of inquiry that may require the witness to 

3 disclose classified information not previously 

4 found to be admissible. 

5 ‘‘(B) ACTION BY COURT.—In determining 

6 whether a response is admissible, the court 

7 shall take precautions to guard against the 

8 compromise of any classified information, in9 cluding— 

10 ‘‘(i) permitting the United States to 

11 provide the court, ex parte, with a proffer 

12 of the witness’s response to the question or 

13 line of inquiry; and 

14 ‘‘(ii) requiring the defendant to pro15 vide the court with a proffer of the nature 

16 of the information that the defendant seeks 

17 to elicit. 

18 ‘‘(C) OBLIGATION OF DEFENDANT.—In 

19 any civil proceeding under this section, it shall 

20 be the defendant’s obligation to establish the 

21 relevance and materiality of any classified infor22 mation sought to be introduced. 

23 ‘‘(4) APPEAL.—If the court enters an order de24 nying a request of the United States under this sub25 section, the United States may take an immediate 


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1 interlocutory appeal in accordance with paragraph 

2 (5). 

3 ‘‘(5) INTERLOCUTORY APPEAL.— 

4 ‘‘(A) SUBJECT OF APPEAL.—An interlocu5 tory appeal by the United States shall lie to a 

6 court of appeals from a decision or order of a 

7 district court— 

8 ‘‘(i) authorizing the disclosure of clas9 sified information; 

10 ‘‘(ii) imposing sanctions for nondisclo11 sure of classified information; or 

12 ‘‘(iii) refusing a protective order 

13 sought by the United States to prevent the 

14 disclosure of classified information. 

15 ‘‘(B) EXPEDITED CONSIDERATION.— 

16 ‘‘(i) IN GENERAL.—An appeal taken 

17 pursuant to this paragraph, either before 

18 or during trial, shall be expedited by the 

19 court of appeals. 

20 ‘‘(ii) APPEALS PRIOR TO TRIAL.—If 

21 an appeal is of an order made prior to 

22 trial, an appeal shall be taken not later 

23 than 14 days after the decision or order 

24 appealed from, and the trial shall not com25 mence until the appeal is resolved. 


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1 ‘‘(iii) APPEALS DURING TRIAL.—If an 

2 appeal is taken during trial, the trial court 

3 shall adjourn the trial until the appeal is 

4 resolved, and the court of appeals— 

5 ‘‘(I) shall hear argument on such 

6 appeal not later than 4 days after the 

7 adjournment of the trial, excluding in8 termediate weekends and holidays; 

9 ‘‘(II) may dispense with written 

10 briefs other than the supporting mate11 rials previously submitted to the trial 

12 court; 

13 ‘‘(III) shall render its decision 

14 not later than 4 days after argument 

15 on appeal, excluding intermediate 

16 weekends and holidays; and 

17 ‘‘(IV) may dispense with the 

18 issuance of a written opinion in ren19 dering its decision. 

20 ‘‘(C) EFFECT OF RULING.—An interlocu21 tory appeal and decision does not affect the 

22 right of the defendant, in a subsequent appeal 

23 from a final judgment, to claim as error rever24 sal by the trial court on remand of a ruling ap25 pealed from during trial. 


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1 ‘‘(6) CONSTRUCTION.—Nothing in this sub2 section shall prevent the United States from seeking 

3 protective orders or asserting privileges ordinarily 

4 available to the United States to protect against the 

5 disclosure of classified information, including the in6 vocation of the military and State secrets privilege. 

7 ‘‘(f) DEFINITIONS.—As used in this section— 

8 ‘‘(1) the term ‘classified information’ has the 

9 meaning given that term in section 1(a) of the Clas10 sified Information Procedures Act; 

11 ‘‘(2) the term ‘funds’ includes coin or currency 

12 of the United States or any other country, traveler’s 

13 checks, personal checks, bank checks, money orders, 

14 stocks, bonds, debentures, drafts, letters of credit, 

15 any other negotiable instrument, and any electronic 

16 representation of any of the foregoing; 

17 ‘‘(3) the term ‘material support or resources’ 

18 has the same meaning given that term in section 

19 278 (including the definitions of ‘training’ and ‘ex20 pert advice or assistance’ in that section); 

21 ‘‘(4) the term ‘Secretary’ means the Secretary 

22 of the Treasury; and 

23 ‘‘(5) the term ‘terrorist organization’ means an 

24 organization designated as a terrorist organization 


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1 under section 219 of the Immigration and Nation2 ality Act. 

3 ‘‘(g) PROVISION OF PERSONNEL.—No person may be 

4 prosecuted under this section in connection with the term 

5 ‘personnel’ unless that person has knowingly provided a 

6 foreign terrorist organization with 1 or more individuals 

7 (who may be or include himself) to work under that ter8 rorist organization’s direction or control or to organize, 

9 manage, supervise, or otherwise direct the operation of 

10 that organization. Individuals who act entirely independ11 ently of the foreign terrorist organization to advance its 

12 goals or objectives shall not be considered to be working 

13 under the foreign terrorist organization’s direction and 

14 control. 

15 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec16 tion shall be construed or applied so as to abridge the ex17 ercise of rights guaranteed under the First Amendment 

18 to the Constitution of the United States. 

19 ‘‘(i) EXCEPTION.—No person may be prosecuted 

20 under this section in connection with the term ‘personnel’, 

21 ‘training’, or ‘expert advice or assistance’ if the provision 

22 of that material support or resources to a foreign terrorist 

23 organization was approved by the Secretary of State with 

24 the concurrence of the Attorney General. The Secretary 

25 of State may not approve the provision of any material 


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1 support that may be used to carry out terrorist activity 

2 (as defined in section 212(a)(3)(B)(iii) of the Immigration 

3 and Nationality Act). 

4 ‘‘§ 280. Prohibitions against the financing of ter5 rorism 

6 ‘‘(a) OFFENSES.— 

7 ‘‘(1) IN GENERAL.—Whoever, in a circumstance 

8 described in subsection (b), by any means, directly 

9 or indirectly, unlawfully and knowingly provides or 

10 collects funds with the intention that such funds be 

11 used, or with the knowledge that such funds are to 

12 be used, in full or in part, in order to carry out— 

13 ‘‘(A) an act which constitutes an offense 

14 within the scope of a treaty specified in sub15 section (e)(7), as implemented by the United 

16 States, or 

17 ‘‘(B) any other act intended to cause death 

18 or serious bodily injury to a civilian, or to any 

19 other person not taking an active part in the 

20 hostilities in a situation of armed conflict, when 

21 the purpose of such act, by its nature or con22 text, is to intimidate a population, or to compel 

23 a government or an international organization 

24 to do or to abstain from doing any act, 

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


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1 ‘‘(2) RELATIONSHIP TO PREDICATE ACT.—For 

2 an act to constitute an offense set forth in this sub3 section, it shall not be necessary that the funds were 

4 actually used to carry out a predicate act. 

5 ‘‘(b) JURISDICTION.—There is jurisdiction over the 

6 offenses in subsection (a) in the following circumstances— 

7 ‘‘(1) the offense takes place in the United 

8 States and— 

9 ‘‘(A) a perpetrator was a national of an10 other state or a stateless person; 

11 ‘‘(B) on board a vessel flying the flag of 

12 another state or an aircraft which is registered 

13 under the laws of another state at the time the 

14 offense is committed; 

15 ‘‘(C) on board an aircraft which is oper16 ated by the government of another state; 

17 ‘‘(D) a perpetrator is found outside the 

18 United States; 

19 ‘‘(E) was directed toward or resulted in 

20 the carrying out of a predicate act against— 

21 ‘‘(i) a national of another state; or 

22 ‘‘(ii) another state or a government 

23 facility of such state, including its embassy 

24 or other diplomatic or consular premises of 

25 that state; 


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1 ‘‘(F) was directed toward or resulted in the 

2 carrying out of a predicate act committed in an 

3 attempt to compel another state or inter4 national organization to do or abstain from 

5 doing any act; or 

6 ‘‘(G) was directed toward or resulted in 

7 the carrying out of a predicate act— 

8 ‘‘(i) outside the United States; or 

9 ‘‘(ii) within the United States, and ei10 ther the offense or the predicate act was 

11 conducted in, or the results thereof af12 fected, interstate or foreign commerce; 

13 ‘‘(2) the offense takes place outside the United 

14 States and— 

15 ‘‘(A) a perpetrator is a national of the 

16 United States or is a stateless person whose ha17 bitual residence is in the United States; 

18 ‘‘(B) a perpetrator is found in the United 

19 States; or 

20 ‘‘(C) was directed toward or resulted in the 

21 carrying out of a predicate act against— 

22 ‘‘(i) any property that is owned, 

23 leased, or used by the United States or by 

24 any department or agency of the United 

25 States, including an embassy or other dipVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 lomatic or consular premises of the United 

2 States; 

3 ‘‘(ii) any person or property within 

4 the United States; 

5 ‘‘(iii) any national of the United 

6 States or the property of such national; or 

7 ‘‘(iv) any property of any legal entity 

8 organized under the laws of the United 

9 States, including any of its States, dis10 tricts, commonwealths, territories, or pos11 sessions; 

12 ‘‘(3) the offense is committed on board a vessel 

13 flying the flag of the United States or an aircraft 

14 which is registered under the laws of the United 

15 States at the time the offense is committed; 

16 ‘‘(4) the offense is committed on board an air17 craft which is operated by the United States; or 

18 ‘‘(5) the offense was directed toward or resulted 

19 in the carrying out of a predicate act committed in 

20 an attempt to compel the United States to do or ab21 stain from doing any act. 

22 ‘‘(c) CONCEALMENT.—Whoever— 

23 ‘‘(1)(A) is in the United States; or 

24 ‘‘(B) is outside the United States and is a na25 tional of the United States or a legal entity orgaVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 nized under the laws of the United States (including 

2 any of its States, districts, commonwealths, terri3 tories, or possessions); and 

4 ‘‘(2) knowingly conceals or disguises the nature, 

5 location, source, ownership, or control of any mate6 rial support or resources, or any funds or proceeds 

7 of such funds— 

8 ‘‘(A) knowing or intending that the sup9 port or resources are to be provided, or knowing 

10 that the support or resources were provided, in 

11 violation of section 279; or 

12 ‘‘(B) knowing or intending that any such 

13 funds are to be provided or collected, or know14 ing that the funds were provided or collected, in 

15 violation of subsection (a), 

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

17 ‘‘(d) PENALTIES.— 

18 ‘‘(1) SUBSECTION (a).—Whoever violates sub19 section (a) shall be imprisoned for not more than 20 

20 years. 

21 ‘‘(2) SUBSECTION (c).—Whoever violates sub22 section (c) shall be imprisoned for not more than 10 

23 years. 

24 ‘‘(e) DEFINITIONS.—In this section— 


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1 ‘‘(1) the term ‘funds’ means assets of every 

2 kind, whether tangible or intangible, movable or im3 movable, however acquired, and legal documents or 

4 instruments in any form, including electronic or dig5 ital, evidencing title to, or interest in, such assets, 

6 including coin, currency, bank credits, travelers 

7 checks, bank checks, money orders, shares, securi8 ties, bonds, drafts, and letters of credit; 

9 ‘‘(2) the term ‘government facility’ means any 

10 permanent or temporary facility or conveyance that 

11 is used or occupied by representatives of a state, 

12 members of a government, the legislature, or the ju13 diciary, or by officials or employees of a state or any 

14 other public authority or entity or by employees or 

15 officials of an intergovernmental organization in con16 nection with their official duties; 

17 ‘‘(3) the term ‘proceeds’ means any funds de18 rived from or obtained, directly or indirectly, 

19 through the commission of an offense set forth in 

20 subsection (a); 

21 ‘‘(4) the term ‘provides’ includes giving, donat22 ing, and transmitting; 

23 ‘‘(5) the term ‘collects’ includes raising and re24 ceiving; 


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1 ‘‘(6) the term ‘predicate act’ means any act re2 ferred to in subparagraph (A) or (B) of subsection 

3 (a)(1); 

4 ‘‘(7) the term ‘treaty’ means— 

5 ‘‘(A) the Convention for the Suppression of 

6 Unlawful Seizure of Aircraft, done at The 

7 Hague on December 16, 1970; 

8 ‘‘(B) the Convention for the Suppression of 

9 Unlawful Acts against the Safety of Civil Avia10 tion, done at Montreal on September 23, 1971; 

11 ‘‘(C) the Convention on the Prevention and 

12 Punishment of Crimes against Internationally 

13 Protected Persons, including Diplomatic 

14 Agents, adopted by the General Assembly of the 

15 United Nations on December 14, 1973; 

16 ‘‘(D) the International Convention against 

17 the Taking of Hostages, adopted by the General 

18 Assembly of the United Nations on December 

19 17, 1979; 

20 ‘‘(E) the Convention on the Physical Pro21 tection of Nuclear Material, adopted at Vienna 

22 on March 3, 1980; 

23 ‘‘(F) the Protocol for the Suppression of 

24 Unlawful Acts of Violence at Airports Serving 

25 International Civil Aviation, supplementary to 


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1 the Convention for the Suppression of Unlawful 

2 Acts against the Safety of Civil Aviation, done 

3 at Montreal on February 24, 1988; 

4 ‘‘(G) the Convention for the Suppression of 

5 Unlawful Acts against the Safety of Maritime 

6 Navigation, done at Rome on March 10, 1988; 

7 ‘‘(H) the Protocol for the Suppression of 

8 Unlawful Acts against the Safety of Fixed Plat9 forms located on the Continental Shelf, done at 

10 Rome on March 10, 1988; or 

11 ‘‘(I) the International Convention for the 

12 Suppression of Terrorist Bombings, adopted by 

13 the General Assembly of the United Nations on 

14 December 15, 1997; 

15 ‘‘(8) the term ‘intergovernmental organization’ 

16 includes international organizations; 

17 ‘‘(9) the term ‘international organization’ has 

18 the same meaning as in section 136; 

19 ‘‘(10) the term ‘armed conflict’ does not include 

20 internal disturbances and tensions, such as riots, 

21 isolated and sporadic acts of violence, and other acts 

22 of a similar nature; 

23 ‘‘(11) the term ‘material support or resources’ 

24 has the same meaning given that term in section 

25 279(f)(3); and 


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1 ‘‘(12) the term ‘state’ has the same meaning as 

2 that term has under international law, and includes 

3 all political subdivisions thereof. 

4 ‘‘(f) CIVIL PENALTY.—In addition to any other crimi5 nal, civil, or administrative liability or penalty, any legal 

6 entity located within the United States or organized under 

7 the laws of the United States, including any of the laws 

8 of its States, districts, commonwealths, territories, or pos9 sessions, shall be liable to the United States for the sum 

10 of at least $10,000, if a person responsible for the man11 agement or control of that legal entity has, in that capac12 ity, committed an offense set forth in subsection (a). 

13 ‘‘§ 281. Receiving military-type training from a for14 eign terrorist organization 

15 ‘‘(a) OFFENSE.—Whoever, if a circumstance exists 

16 that is described in section 279(d), knowingly receives 

17 military-type training from or on behalf of any organiza18 tion designated at the time of the training by the Sec19 retary of State under section 219(a)(1) of the Immigration 

20 and Nationality Act as a foreign terrorist organization 

21 shall be imprisoned for ten years. To violate this sub22 section, a person must have knowledge that the organiza23 tion is a designated terrorist organization (as defined in 

24 subsection (b)(3)), that the organization has engaged or 

25 engages in terrorist activity (as defined in section 212 of 


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1 the Immigration and Nationality Act), or that the organi2 zation has engaged or engages in terrorism (as defined 

3 in section 140(d)(2) of the Foreign Relations Authoriza4 tion Act, Fiscal Years 1988 and 1989). 

5 ‘‘(b) DEFINITIONS.—As used in this section— 

6 ‘‘(1) the term ‘military-type training’ includes 

7 training in means or methods that can cause death 

8 or serious bodily injury, destroy or damage property, 

9 or disrupt services to critical infrastructure, or train10 ing on the use, storage, production, or assembly of 

11 any explosive, firearm or other weapon, including 

12 any weapon of mass destruction (as defined in sec13 tion 271(b)(1)); 

14 ‘‘(2) the term ‘critical infrastructure’ means 

15 systems and assets vital to national defense, national 

16 security, economic security, public health or safety 

17 including both regional and national infrastructure. 

18 Critical infrastructure may be publicly or privately 

19 owned; examples of critical infrastructure include 

20 gas and oil production, storage, or delivery systems, 

21 water supply systems, telecommunications networks, 

22 electrical power generation or delivery systems, fi23 nancing and banking systems, emergency services 

24 (including medical, police, fire, and rescue services), 


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1 and transportation systems and services (including 

2 highways, mass transit, airlines, and airports); and 

3 ‘‘(3) the term ‘foreign terrorist organization’ 

4 means an organization designated as a terrorist or5 ganization under section 219(a)(1) of the Immigra6 tion and Nationality Act. 

7 ‘‘§ 282. Civil remedies 

8 ‘‘(a) ACTION AND JURISDICTION.—Any national of 

9 the United States who suffers any loss by reason of an 

10 act of international terrorism, or the estate, survivors, or 

11 heirs of that national, may in a civil action in any appro12 priate district court of the United States recover threefold 

13 the damages sustained and the cost of the suit, including 

14 attorney’s fees. 

15 ‘‘(b) ESTOPPEL UNDER UNITED STATES LAW.—A 

16 final judgment or decree rendered in favor of the United 

17 States in any criminal proceeding under section 102, 111, 

18 112, 121, or 123 of this title or section 46314, 46502, 

19 46505, or 46506 of title 49 shall estop the defendant from 

20 denying the essential allegations of the criminal offense 

21 in any subsequent civil proceeding under this section. 

22 ‘‘(c) ESTOPPEL UNDER FOREIGN LAW.—A final 

23 judgment or decree rendered in favor of any foreign state 

24 in any criminal proceeding shall, to the extent that such 

25 judgment or decree may be accorded full faith and credit 


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1 under the law of the United States, estop the defendant 

2 from denying the essential allegations of the criminal of3 fense in any subsequent civil proceeding under this sec4 tion. 

5 ‘‘(d) GENERAL VENUE.—A civil action under this 

6 section may be instituted the United States district court 

7 for any district where any plaintiff resides or where any 

8 defendant resides or is served, or has an agent. Process 

9 in such a civil action may be served in any district where 

10 the defendant resides, is found, or has an agent. 

11 ‘‘(e) SPECIAL MARITIME OR TERRITORIAL JURISDIC12 TION.—If the actions giving rise to the claim occurred 

13 within the special maritime and territorial jurisdiction of 

14 the United States, then a civil action under this section 

15 may be instituted in the United States district court for 

16 any district in which any plaintiff resides or the defendant 

17 resides, is served, or has an agent. 

18 ‘‘(f) SERVICE ON WITNESSES.—A witness in a civil 

19 action brought under this section may be served in any 

20 other district where the defendant resides, is found, or has 

21 an agent. 

22 ‘‘(g) CONVENIENCE OF THE FORUM.—The district 

23 court shall not dismiss any action brought under this sec24 tion on the grounds of the inconvenience or inappropriate25 ness of the forum chosen, unless— 


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1 ‘‘(1) the action may be maintained in a foreign 

2 court that has jurisdiction over the subject matter 

3 and over all the defendants; 

4 ‘‘(2) that foreign court is significantly more 

5 convenient and appropriate; and 

6 ‘‘(3) that foreign court offers a remedy which is 

7 substantially the same as the one available in the 

8 courts of the United States. 

9 ‘‘(h) STATUTE OF LIMITATIONS.— 

10 ‘‘(1) Subject to subsection (b), a civil action 

11 under this section shall not be maintained unless 

12 commenced within 10 years after the date the cause 

13 of action accrued. 

14 ‘‘(2) The time of the absence of the defendant 

15 from the United States or from any jurisdiction in 

16 which the same or a similar action arising from the 

17 same facts may be maintained by the plaintiff, or of 

18 any concealment of the defendant’s whereabouts, 

19 shall not be included in the 10-year period set forth 

20 in paragraph (1). 

21 ‘‘(i) ACTS OF WAR.—No action shall be maintained 

22 under this section for injury or loss by reason of an act 

23 of war. 

24 ‘‘(j) LIMITATION ON DISCOVERY.—If a party to an 

25 action under this section seeks to discover the investigative 


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1 files of the Department of Justice, the Assistant Attorney 

2 General, Deputy Attorney General, or Attorney General 

3 may object on the ground that compliance will interfere 

4 with a criminal investigation or prosecution of the inci5 dent, or a national security operation related to the inci6 dent, which is the subject of the civil litigation. The court 

7 shall evaluate any such objections in camera and shall stay 

8 the discovery if the court finds that granting the discovery 

9 request will substantially interfere with a criminal inves10 tigation or prosecution of the incident or a national secu11 rity operation related to the incident. The court shall con12 sider the likelihood of criminal prosecution by the Govern13 ment and other factors it deems to be appropriate. A stay 

14 of discovery under this subsection shall constitute a bar 

15 to the granting of a motion to dismiss under rules 

16 12(b)(6) and 56 of the Federal Rules of Civil Procedure. 

17 If the court grants a stay of discovery under this sub18 section, it may stay the action in the interests of justice. 

19 ‘‘(k) STAY OF ACTION FOR CIVIL REMEDIES.— 

20 ‘‘(1) The Attorney General may intervene in 

21 any civil action brought under this section for the 

22 purpose of seeking a stay of the civil action. A stay 

23 shall be granted if the court finds that the continu24 ation of the civil action will substantially interfere 

25 with a criminal prosecution which involves the same 


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1 subject matter and in which an indictment has been 

2 returned, or interfere with national security oper3 ations related to the terrorist incident that is the 

4 subject of the civil action. A stay may be granted for 

5 up to 6 months. The Attorney General may petition 

6 the court for an extension of the stay for additional 

7 6-month periods until the criminal prosecution is 

8 completed or dismissed. 

9 ‘‘(2) In a proceeding under this subsection, the 

10 Attorney General may request that any order issued 

11 by the court for release to the parties and the public 

12 omit any reference to the basis on which the stay 

13 was sought. 

14 ‘‘(l) SUITS AGAINST GOVERNMENTS.—No action 

15 shall be maintained under this section against— 

16 ‘‘(1) the United States, an agency of the United 

17 States, or an officer or employee of the United 

18 States or any agency thereof acting within his or her 

19 official capacity or under color of legal authority; or 

20 ‘‘(2) a foreign state, an agency of a foreign 

21 state, or an officer or employee of a foreign state or 

22 an agency thereof acting within his or her official 

23 capacity or under color of legal authority. 


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1 ‘‘(m) EXCLUSIVE JURISDICTION.—The district 

2 courts of the United States shall have exclusive original 

3 jurisdiction over an action brought under this section. 

4 ‘‘§ 283. Definitions for subchapter 

5 ‘‘As used in this subchapter— 

6 ‘‘(1) the term ‘international terrorism’ means 

7 activities that— 

8 ‘‘(A) involve violent acts or acts dangerous 

9 to human life that are a violation of the crimi10 nal laws of the United States or of any State, 

11 or that would be a criminal violation if com12 mitted within the jurisdiction of the United 

13 States or of any State; 

14 ‘‘(B) appear to be intended— 

15 ‘‘(i) to intimidate or coerce a civilian 

16 population; 

17 ‘‘(ii) to influence the policy of a gov18 ernment by intimidation or coercion; or 

19 ‘‘(iii) to affect the conduct of a gov20 ernment by mass destruction, assassina21 tion, or kidnapping; and 

22 ‘‘(C) occur primarily outside the territorial 

23 jurisdiction of the United States, or transcend 

24 national boundaries in terms of the means by 

25 which they are accomplished, the persons they 


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1 appear intended to intimidate or coerce, or the 

2 locale in which their perpetrators operate or 

3 seek asylum; 

4 ‘‘(2) the term ‘act of war’ means any act occur5 ring in the course of— 

6 ‘‘(A) declared war; 

7 ‘‘(B) armed conflict, whether or not war 

8 has been declared, between two or more na9 tions; or 

10 ‘‘(C) armed conflict between military forces 

11 of any origin; and 

12 ‘‘(3) the term ‘domestic terrorism’ means activi13 ties that— 

14 ‘‘(A) involve acts dangerous to human life 

15 that are a violation of the criminal laws of the 

16 United States or of any State; 

17 ‘‘(B) appear to be intended— 

18 ‘‘(i) to intimidate or coerce a civilian 

19 population; 

20 ‘‘(ii) to influence the policy of a gov21 ernment by intimidation or coercion; or 

22 ‘‘(iii) to affect the conduct of a gov23 ernment by mass destruction, assassina24 tion, or kidnapping; and 


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1 ‘‘(C) occur primarily within the territorial 

2 jurisdiction of the United States. 

3 ‘‘SUBCHAPTER C—MILITARY AND NAVY 

‘‘291. Entering military, naval, or Coast Guard property. 

‘‘292. Use of army and Air Force as posse comitatus. 

‘‘293. Disruptions of funerals of members or former members of the Armed 

Forces. 

‘‘294. Demonstrations at cemeteries under the control of the national cemetery 

administration and at Arlington National Cemetery. 

‘‘295. Prohibition on attacks on United States servicemen on account of service. 

4 ‘‘§ 291. Entering military, naval, or Coast Guard prop5 erty 

6 ‘‘Whoever— 

7 ‘‘(1) within the jurisdiction of the United 

8 States, goes upon any military, naval, or Coast 

9 Guard reservation, post, fort, arsenal, yard, station, 

10 or installation, for any purpose prohibited by law or 

11 lawful regulation; or 

12 ‘‘(2) reenters or is found within any such res13 ervation, post, fort, arsenal, yard, station, or instal14 lation, after having been removed therefrom or or15 dered not to reenter by any officer or person in com16 mand or charge thereof; 

17 shall be or imprisoned not more than six months. 

18 ‘‘§ 292. Use of Army and Air Force as posse comitatus 

19 ‘‘Whoever, except in cases and under circumstances 

20 expressly authorized by the Constitution or Act of Con21 gress, knowingly uses any part of the Army or the Air 


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1 Force as a posse comitatus or otherwise to execute the 

2 laws shall be imprisoned not more than two years. 

3 ‘‘§ 293. Disruptions of funerals of members or former 

4 members of the Armed Forces 

5 ‘‘(a) OFFENSE.—Whoever engages in disruptive ac6 tivity at a covered funeral of a member or former member 

7 of the Armed services or at a covered residence shall be 

8 imprisoned not more than one year. 

9 ‘‘(b) CIVIL REMEDIES.— 

10 ‘‘(1) DISTRICT COURTS.—The district courts of 

11 the United States shall have jurisdiction— 

12 ‘‘(A) to prevent and restrain violations of 

13 this section; and 

14 ‘‘(B) for the adjudication of any cliams for 

15 relief under this section. 

16 ‘‘(2) ATTORNEY GENERAL.—The Attorney Gen17 eral may institute proceedings under this section. 

18 ‘‘(3) CLAIMS.—Any person, including a sur19 viving member of the deceased individual’s family, 

20 who suffers injury as a result of conduct that vio21 lates this section may— 

22 ‘‘(A) sue therefor in any appropriate 

23 United States district court or in any court of 

24 competent jurisdiction; and 


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1 ‘‘(B) recover damages as provided in sub2 section (c) and the cost of the suit, including 

3 reasonable attorneys’ fees. 

4 ‘‘(4) ESTOPPEL.—A final judgment or decree 

5 rendered in favor of the United States in any crimi6 nal proceeding brought by the United States under 

7 this section shall estop the defendant from denying 

8 the essential allegations of the criminal offense in 

9 any subsequent civil proceeding brought by a person 

10 or by the United States. 

11 ‘‘(c) ACTUAL AND STATUTORY DAMAGES.— 

12 ‘‘(1) IN GENERAL.—In addition to any penalty 

13 imposed under subsection (a), a violator of this sec14 tion is liable in an action under subsection (b) for 

15 actual or statutory damages as provided in this sub16 section. 

17 ‘‘(2) ACTIONS BY PRIVATE PERSONS.—A person 

18 bringing an action under subsection (b)(3) may 

19 elect, at any time before final judgment is rendered, 

20 to recover the actual damages suffered by him or her 

21 as a result of the violation or, instead of actual dam22 ages, an award of statutory damages for each viola23 tion involved in the action. 

24 ‘‘(3) ACTIONS BY ATTORNEY GENERAL.—In any 

25 action under subsection (b)(2), the Attorney General 


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1 is entitled to recover an award of statutory damages 

2 for each violation involved in the action notwith3 standing any recovery under subsection (b)(3). 

4 ‘‘(4) STATUTORY DAMAGES.—A court may 

5 award, as the court considers just, statutory dam6 ages in a sum of not less than $25,000 or more than 

7 $50,000 per violation. 

8 ‘‘(d) REBUTTABLE PRESUMPTION.—It shall be a re9 buttable presumption that the violation was committed 

10 willfully for purposes of determining relief under this sec11 tion if the violator, or a person acting in concert with the 

12 violator, did not have reasonable grounds to believe, either 

13 from the attention or publicity sought by the violator or 

14 other circumstance, that the conduct of such violator or 

15 person would not disturb or tend to disturb the peace or 

16 good order of such funeral, impede or tend to impede the 

17 access to or egress from such funeral, or disturb or tend 

18 to disturb the peace of any surviving member of the de19 ceased individual’s family who may be found on or near 

20 the residence, home, or domicile of the deceased individ21 ual’s family on the date of the service or ceremony. 

22 ‘‘(e) DEFINITIONS.—As used in this section— 

23 ‘‘(1) the term ‘disruptive activity’ means— 

24 ‘‘(A) during the period beginning 120 min25 utes before and ending 120 minutes after such 


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1 funeral, knowingly making noise or a diversion 

2 with intent to disturb the peace and good order 

3 of the funeral that— 

4 ‘‘(i) is not part of the funeral; and 

5 ‘‘(ii) takes place within the boundaries 

6 of the location of such funeral or takes 

7 place within 300 feet of the point of the 

8 intersection between the boundary of the 

9 location of such funeral and a road, path10 way, or other route of ingress to or egress 

11 from the location of such funeral; 

12 ‘‘(B) intentionally and without authoriza13 tion, within 500 feet of the boundary of the lo14 cation of such funeral, impeding access to or 

15 egress from the location of the funeral; or 

16 ‘‘(C) knowingly making a noise or diver17 sion with intent to disturb the peace of persons 

18 that takes place on or near the boundary of a 

19 covered residence. 

20 ‘‘(2) the term ‘covered funeral’ means a cere21 mony or memorial service held in connection with 

22 the burial or cremation of a member or former mem23 ber of the Armed Forces, which is not located at a 

24 cemetery under the control of the National Cemetery 


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1 Administration or part of Arlington National Ceme2 tery; 

3 ‘‘(3) the term ‘covered residence’ means a resi4 dence, home, or domicile of any surviving member of 

5 the deceased individual’s family. 

6 ‘‘(4) the term ‘Armed Forces’ has the meaning 

7 given the term in section 101 of title 10; 

8 ‘‘(5) the term ‘boundary of the location’, with 

9 respect to the place a covered funeral is held, 

10 means— 

11 ‘‘(A) the property line of the place, if the 

12 place is cemetery, mortuary, or house of wor13 ship; and 

14 ‘‘(B) the reasonable property line of any 

15 other location. 

16 ‘‘(6) the term ‘family’ has the meaning given 

17 such term in section 136. 

18 ‘‘§ 294. Demonstrations at cemeteries under the con19 trol of the national cemetery administra20 tion and at Arlington National Cemetery 

21 ‘‘Whoever violates section 2413 of title 38 shall be 

22 imprisoned for not more than one year. 


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1 ‘‘§ 295. Prohibition on attacks on United States serv2 icemen on account of service 

3 ‘‘(a) IN GENERAL.—Whoever knowingly assaults or 

4 batters a United States serviceman or a family member 

5 of a United States serviceman, or who knowingly destroys 

6 or injures the property of such serviceman or family mem7 ber, on account of the military service of that serviceman 

8 or status of that individual as a United States serviceman, 

9 or who attempts or conspires to do so, shall 

10 ‘‘(1) in the case of a simple assault, or destruc11 tion or injury to property in which the damage or 

12 attempted damage to such property is not more than 

13 $500, be fined under this title in an amount not less 

14 than $500 nor more than $10,000 and imprisoned 

15 not more than 2 years; 

16 ‘‘(2) in the case of destruction or injury to 

17 property in which the damage or attempted damage 

18 to such property is more than $500, be fined under 

19 this title in an amount not less than $1000 nor more 

20 than $100,000 and imprisoned not more than 5 

21 years; and 

22 ‘‘(3) in the case of a battery, or an assault re23 sulting in bodily injury, be fined under this title in 

24 an amount not less than $2,500 and imprisoned not 

25 less than 6 months nor more than 10 years. 


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1 ‘‘(b) EXCEPTION.—This section does not apply to 

2 conduct by a person who is subject to the Uniform Code 

3 of Military Justice. 

4 ‘‘(c) DEFINITIONS.—In this section 

5 ‘‘(1) the term ‘Armed Forces’ has the meaning 

6 given that term in section 101 of title 10; 

7 ‘‘(2) the term ‘family’ has the meaning given 

8 that term in section 136; and 

9 ‘‘(3) the term ‘United States serviceman’— 

10 ‘‘(A) means a member of the Armed 

11 Forces; and 

12 ‘‘(B) includes a former member of the 

13 Armed Forces during the 5-year period begin14 ning on the date of the discharge from the 

15 Armed Forces of that member of the Armed 

16 Forces. 

17 ‘‘SUBCHAPTER D—CIVIL DISORDERS AND 

18 RIOTS 

‘‘296. Civil disorders. 

19 ‘‘§ 296. Civil disorders 

20 ‘‘(a) OFFENSE.—Whoever— 

21 ‘‘(1) teaches or demonstrates to any other per22 son the use, application, or making of any firearm 

23 or explosive or incendiary device, or technique capa24 ble of causing injury or death to persons, knowing 


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1 or having reason to know or intending that the same 

2 will be unlawfully employed for use in, or in further3 ance of, a civil disorder which is in or affects inter4 state or foreign commerce or the performance of any 

5 federally protected function; 

6 ‘‘(2) transports or manufactures for transpor7 tation in or affecting interstate or foreign commerce 

8 any firearm or explosive or incendiary device, know9 ing or having reason to know or intending that the 

10 same will be used unlawfully in furtherance of a civil 

11 disorder; or 

12 ‘‘(3) commits or attempts to commit any act to 

13 obstruct, impede, or interfere with any fireman or 

14 law enforcement officer lawfully engaged in the law15 ful performance of official duties incident to and 

16 during the commission of a civil disorder which is in 

17 or affects commerce or the conduct or performance 

18 of any federally protected function; 

19 shall be imprisoned not more than five years. 

20 ‘‘(b) LAW ENFORCEMENT EXCLUSION.—Nothing in 

21 this section makes unlawful any act of any law enforce22 ment officer which is performed in the lawful performance 

23 of official duties. 

24 ‘‘(c) DEFINITIONS.—The following definitions apply 

25 in this section: 


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1 ‘‘(1) The term ‘civil disorder’ means any public 

2 disturbance involving acts of violence by assemblages 

3 of three or more persons, which causes an immediate 

4 danger of or results in damage or injury to the prop5 erty or person of any other individual. 

6 ‘‘(2) The term ‘federally protected function’ 

7 means any function, operation, or action carried out, 

8 under the laws of the United States, by any depart9 ment, agency, or instrumentality of the United 

10 States or by an officer or employee thereof; and such 

11 term includes the collection and distribution of the 

12 United States mails. 

13 ‘‘(3) The term ‘firearm’ means any weapon 

14 which is designed to or may readily be converted to 

15 expel any projectile by the action of an explosive; or 

16 the frame or receiver of any such weapon. 

17 ‘‘(4) The term ‘explosive or incendiary device’ 

18 means— 

19 ‘‘(A) dynamite and all other forms of high 

20 explosives; 

21 ‘‘(B) any explosive bomb, grenade, missile, 

22 or similar device; and 

23 ‘‘(C) any incendiary bomb or grenade, fire 

24 bomb, or similar device, including any device 

25 which— 


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1 ‘‘(i) consists of or includes a breakable 

2 container including a flammable liquid or 

3 compound, and a wick composed of any 

4 material which, when ignited, is capable of 

5 igniting such flammable liquid or com6 pound; and 

7 ‘‘(ii) can be carried or thrown by one 

8 individual acting alone. 

9 ‘‘(5) The term ‘fireman’ means any member of 

10 a fire department (including a volunteer fire depart11 ment) of any State, any political subdivision of a 

12 State. 

13 ‘‘(6) The term ‘law enforcement officer’ means 

14 any officer or employee of the United States, of any 

15 State or any political subdivision of a State while en16 gaged in the enforcement or prosecution of any of 

17 the criminal laws of the United States or of that 

18 State or subdivision; and such term includes mem19 bers of the National Guard (as defined in section 

20 101 of title 10), members of the organized militia of 

21 a State (as defined in section 101 of title 10), and 

22 members of the Armed Forces of the United States, 

23 while engaged in suppressing acts of violence or re24 storing law and order during a civil disorder. 


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1 ‘‘SUBCHAPTER E—ESPIONAGE AND 

2 CENSORSHIP 

‘‘301. General provisions for subchapter. 

‘‘302. Gathering or transmitting defense information. 

‘‘303. Losing defense information. 

‘‘304. Disclosure of classified and other similarly protected information. 

3 ‘‘§ 301. General provisions for subchapter 

4 ‘‘(a) DEFINITION.—In this subchapter, the term ‘for5 eign power’ has the meaning given that term in section 

6 101(a) of the Foreign Intelligence Surveillance Act of 

7 1978. 

8 ‘‘(b) EXCLUSION RELATING TO LAWFUL DEMANDS

9 OF CONGRESS.—Nothing in this subchapter prohibits the 

10 furnishing, upon lawful demand, of information to any 

11 regularly constituted committee of the Senate or House 

12 of Representatives of the United States of America, or 

13 joint committee thereof. 

14 ‘‘§ 302. Gathering or transmitting defense informa15 tion 

16 ‘‘Whoever, with intent or reason to believe that the 

17 information will be used to the injury of the United States, 

18 or to the advantage of any foreign power, knowingly— 

19 ‘‘(1) obtains information connected with the na20 tional defense; or 

21 ‘‘(2) provides information connected with the 

22 national defense to any person not entitled to receive 

23 it; 


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1 shall be imprisoned for life or for any term of years, and 

2 if death results, shall be subject to the death penalty. 

3 ‘‘§ 303. Losing defense information 

4 ‘‘Whoever, having lawful possession or control of any 

5 information connected with the national defense— 

6 ‘‘(1) recklessly permits that information to be 

7 lost, stolen, or destroyed; or 

8 ‘‘(2) knowing that the information has been 

9 lost, or stolen, or destroyed, fails to make prompt re10 port of that fact to an appropriate superior officer; 

11 shall be imprisoned not more than 10 years. 

12 ‘‘§ 304. Disclosure of classified and other similarly 

13 protected information 

14 ‘‘(a) OFFENSE.—Whoever knowingly provides pro15 tected information to a person not entitled to receive it, 

16 or knowingly uses protected information to the injury of 

17 the United States, or to the advantage of any foreign 

18 power shall be imprisoned not more than 10 years. 

19 ‘‘(b) DEFINITIONS.—In this section— 

20 ‘‘(1) the term ‘protected information’ means 

21 any classified information or any Restricted Data 

22 (as defined for the purposes of the Atomic Energy 

23 Act of 1954); 

24 ‘‘(2) the term ‘classified information’ means in25 formation which, at the time of a violation of this 


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1 section, is, for reasons of national security, specifi2 cally designated by a United States Government au3 thority for limited or restricted dissemination or dis4 tribution— 

5 ‘‘(A) concerning the nature, preparation, 

6 or use of any code, cipher, or cryptographic sys7 tem of the United States or any foreign power; 

8 ‘‘(B) concerning the design, construction, 

9 use, maintenance, or repair of any device, appa10 ratus, or appliance used or prepared or planned 

11 for use by the United States or any foreign 

12 power for cryptographic or communication in13 telligence purposes; 

14 ‘‘(C) concerning the communication intel15 ligence activities of the United States or any 

16 foreign power; or 

17 ‘‘(D) obtained by the processes of commu18 nication intelligence from the communications 

19 of any foreign power, knowing the same to have 

20 been obtained by such processes; and 

21 ‘‘(3) the terms ‘code’, ‘cipher’, and ‘cryp22 tographic system’ include any method of secret writ23 ing and any mechanical or electrical device or meth24 od used for the purpose of disguising or concealing 


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1 the contents, significance, or meanings of commu2 nications. 

3 ‘‘SUBCHAPTER F—IMMIGRATION AND 

4 NATIONALITY 

‘‘311. False statement in application and use of passport. 

‘‘312. Forgery or false use of passport. 

‘‘313. Misuse of passport. 

‘‘314. Fraud and misuse of visas, permits, and other documents. 

‘‘315. Procurement of citizenship or naturalization unlawfully. 

‘‘316. Sale of naturalization or citizenship papers. 

‘‘317. Penalties related to removal. 

‘‘318. Bringing in and harboring certain aliens. 

‘‘319. Entry of alien at improper time or place; misrepresentation and concealment of facts. 

‘‘320. Reentry of removed alien. 

‘‘321. Aiding or assisting certain aliens to enter the United States. 

‘‘322. Increased penalty for certain terrorism related offenses. 

5 ‘‘§ 311. False statement in application and use of 

6 passport 

7 ‘‘Whoever— 

8 ‘‘(1) knowingly makes any false statement in an 

9 application for passport with intent to induce or se10 cure the issuance of a passport under the authority 

11 of the United States, either for his own use or the 

12 use of another, contrary to the laws regulating the 

13 issuance of passports or the rules prescribed pursu14 ant to such laws; or 

15 ‘‘(2) knowingly uses or attempts to use, or fur16 nishes to another for use any passport the issue of 

17 which was secured in any way by reason of any false 

18 statement; 

19 shall be imprisoned not more than 15 years. 


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1 ‘‘§ 312. Forgery or false use of passport 

2 ‘‘Whoever— 

3 ‘‘(1) falsely makes, forges, counterfeits, muti4 lates, or alters any passport or instrument pur5 porting to be a passport, with intent that the same 

6 may be used; or 

7 ‘‘(2) knowingly uses, or attempts to use, or fur8 nishes to another for use any such false, forged, 

9 counterfeited, mutilated, or altered passport or in10 strument purporting to be a passport, or any pass11 port validly issued which has become void by the oc12 currence of any condition therein prescribed invali13 dating the same; 

14 shall be imprisoned not more than 15 years. 

15 ‘‘§ 313. Misuse of passport 

16 ‘‘Whoever— 

17 ‘‘(1) knowingly uses, or attempts to use, any 

18 passport issued or designed for the use of another; 

19 ‘‘(2) knowingly uses or attempts to use any 

20 passport in violation of the conditions or restrictions 

21 therein contained, or of the rules prescribed pursu22 ant to the laws regulating the issuance of passports; 

23 or 

24 ‘‘(3) knowingly furnishes, disposes of, or deliv25 ers a passport to any person, for use by another 


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1 than the person for whose use it was originally 

2 issued and designed; 

3 shall be imprisoned not more than 15 years. 

4 ‘‘§ 314. Fraud and misuse of visas, permits, and other 

5 documents 

6 ‘‘(a) FORGERY AND SIMILAR CONDUCT.—Whoever— 

7 ‘‘(1) knowingly forges, counterfeits, alters, or 

8 falsely makes any immigrant or nonimmigrant visa, 

9 permit, border crossing card, alien registration re10 ceipt card, or other document prescribed by statute 

11 or regulation for entry into or as evidence of author12 ized stay or employment in the United States, or ut13 ters, uses, attempts to use, possesses, obtains, ac14 cepts, or receives any such visa, permit, border 

15 crossing card, alien registration receipt card, or 

16 other document prescribed by statute or regulation 

17 for entry into or as evidence of authorized stay or 

18 employment in the United States, knowing it to be 

19 forged, counterfeited, altered, or falsely made, or to 

20 have been procured by means of any false claim or 

21 statement, or to have been otherwise procured by 

22 fraud or unlawfully obtained; 

23 ‘‘(2) except under direction of the Attorney 

24 General or the Secretary of Homeland Security, or 

25 other proper officer, knowingly possesses any blank 


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1 permit, or engraves, sells, brings into the United 

2 States, or has in his control or possession any plate 

3 in the likeness of a plate designed for the printing 

4 of permits, or makes any print, photograph, or im5 pression in the likeness of any immigrant or non6 immigrant visa, permit or other document required 

7 for entry into the United States, or has in his pos8 session a distinctive paper which has been adopted 

9 by the Attorney General or Secretary of Homeland 

10 Security for the printing of such visas, permits, or 

11 documents; 

12 ‘‘(3) when applying for an immigrant or non13 immigrant visa, permit, or other document required 

14 for entry into the United States, or for admission to 

15 the United States personates another, or falsely ap16 pears in the name of a deceased individual, or 

17 evades or attempts to evade the immigration laws by 

18 appearing under an assumed or fictitious name with19 out disclosing his true identity, or sells or otherwise 

20 disposes of, or offers to sell or otherwise dispose of, 

21 or utters, such visa, permit, or other document, to 

22 any person not authorized by law to receive such 

23 document; or 

24 ‘‘(4) knowingly makes under oath, or as per25 mitted under penalty of perjury under section 1746 


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1 of title 28, knowingly subscribes as true, any false 

2 statement with respect to a material fact in any ap3 plication, affidavit, or other document required by 

4 the immigration laws or regulations prescribed 

5 thereunder, or knowingly presents any such applica6 tion, affidavit, or other document which contains any 

7 such false statement or which fails to contain any 

8 reasonable basis in law or fact; 

9 shall be imprisoned not more than 15 years. 

10 ‘‘(b) USE OF FORGED OF SIMILAR DOCUMENTS.— 

11 Whoever uses— 

12 ‘‘(1) an identification document, knowing or 

13 having reason to know that the document was not 

14 issued lawfully for the use of the possessor; 

15 ‘‘(2) an identification document knowing (or 

16 having reason to know) that the document is false; 

17 or 

18 ‘‘(3) a false attestation, 

19 for the purpose of satisfying a requirement of section 

20 274A(b) of the Immigration and Nationality Act, shall be 

21 imprisoned not more than 5 years. 

22 ‘‘(c) EXCLUSION.—This section does not prohibit any 

23 lawfully authorized investigative, protective, or intelligence 

24 activity of a law enforcement agency of the United States, 

25 a State, or a subdivision of a State, or of an intelligence 


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1 agency of the United States, or any activity authorized 

2 under chapter 224 of title 18. 

3 ‘‘§ 315. Procurement of citizenship or naturalization 

4 unlawfully 

5 ‘‘Whoever— 

6 ‘‘(1) knowingly procures or attempts to procure, 

7 contrary to law, the naturalization of any person, or 

8 documentary or other evidence of naturalization or 

9 of citizenship; or 

10 ‘‘(2) whether for himself or another person not 

11 entitled thereto, knowingly issues, procures or ob12 tains or applies for or otherwise attempts to procure 

13 or obtain naturalization, or citizenship, or a declara14 tion of intention to become a citizen, or a certificate 

15 of arrival or any certificate or evidence of national16 ization or citizenship, documentary or otherwise, or 

17 duplicates or copies of any of the foregoing; 

18 shall be imprisoned not more than 15 years. 

19 ‘‘§ 316. Sale of naturalization or citizenship papers 

20 ‘‘Whoever unlawfully sells or disposes of a declaration 

21 of intention to become a citizen, certificate of naturaliza22 tion, certificate of citizenship or copies or duplicates or 

23 other documentary evidence of naturalization or citizen24 ship, shall be imprisoned 15 years. 


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1 ‘‘§ 317. Penalties related to removal 

2 ‘‘(a) PENALTY FOR FAILURE TO DEPART.— 

3 ‘‘(1) IN GENERAL.—Any alien against whom a 

4 final order of removal is outstanding by reason of 

5 being a member of any of the classes described in 

6 section 237(a) of the Immigration and Nationality 

7 Act, who— 

8 ‘‘(A) knowingly fails or refuses to depart 

9 from the United States within a period of 90 

10 days from the date of the final order of removal 

11 under administrative processes, or if judicial re12 view is had, then from the date of the final 

13 order of the court, 

14 ‘‘(B) knowingly fails or refuses to make 

15 timely application in good faith for travel or 

16 other documents necessary to the alien’s depar17 ture, 

18 ‘‘(C) connives or conspires, or takes any 

19 other action, designed to prevent or hamper or 

20 with the purpose of preventing or hampering 

21 the alien’s departure pursuant to such, or 

22 ‘‘(D) knowingly fails or refuses to present 

23 himself or herself for removal at the time and 

24 place required by the Attorney General pursu25 ant to such order, 


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1 shall be imprisoned not more than four years (or 10 

2 years if the alien is a member of any of the classes 

3 described in paragraph (1)(E), (2), (3), or (4) of 

4 section 237(a) of the Immigration and Nationality 

5 Act). 

6 ‘‘(2) EXCEPTION.—It is not a violation of para7 graph (1) to take any proper steps for the purpose 

8 of securing cancellation of or exemption from such 

9 order of removal or for the purpose of securing the 

10 alien’s release from incarceration or custody. 

11 ‘‘(3) SUSPENSION.—The court may for good 

12 cause suspend the sentence of an alien under this 

13 subsection and order the alien’s release under such 

14 conditions as the court may prescribe. In deter15 mining whether good cause has been shown to jus16 tify releasing the alien, the court shall take into ac17 count such factors as— 

18 ‘‘(A) the age, health, and period of deten19 tion of the alien; 

20 ‘‘(B) the effect of the alien’s release upon 

21 the national security and public peace or safety; 

22 ‘‘(C) the likelihood of the alien’s resuming 

23 or following a course of conduct which made or 

24 would make the alien deportable; 


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1 ‘‘(D) the character of the efforts made by 

2 such alien himself and by representatives of the 

3 country or countries to which the alien’s re4 moval is directed to expedite the alien’s depar5 ture from the United States; 

6 ‘‘(E) the reason for the inability of the 

7 Government of the United States to secure 

8 passports, other travel documents, or removal 

9 facilities from the country or countries to which 

10 the alien has been ordered removed; and 

11 ‘‘(F) the eligibility of the alien for discre12 tionary relief under the immigration laws. 

13 ‘‘(b) FAILURE TO COMPLY WITH TERMS OF RE14 LEASE UNDER SUPERVISION.—An alien who knowingly 

15 fails to comply with regulations or requirements issued 

16 pursuant to section 241(a)(3) of the Immigration and Na17 tionality Act or knowingly give false information in re18 sponse to an inquiry under such section shall be impris19 oned for not more than one year. 

20 ‘‘(c) PENALTIES RELATING TO VESSELS AND AIR21 CRAFT.— 

22 ‘‘(1) CIVIL PENALTIES.— 

23 ‘‘(A) FAILURE TO CARRY OUT CERTAIN

24 ORDERS.—If the Attorney General is satisfied 

25 that a person has violated subsection (d) or (e) 


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1 of section 241 of the Immigration and Nation2 ality Act, the person shall pay to the Commis3 sioner the sum of $2,000 for each violation. 

4 ‘‘(B) FAILURE TO REMOVE ALIEN STOW5 AWAYS.—If the Attorney General is satisfied 

6 that a person has failed to remove an alien 

7 stowaway as required under section 241(d)(2) 

8 of the Immigration and Nationality Act, the 

9 person shall pay to the Commissioner the sum 

10 of $5,000 for each alien stowaway not removed. 

11 ‘‘(C) NO COMPROMISE.—The Attorney 

12 General may not compromise the amount of 

13 such penalty under this paragraph. 

14 ‘‘(2) CLEARING VESSELS AND AIRCRAFT.— 

15 ‘‘(A) CLEARANCE BEFORE DECISION ON

16 LIABILITY.—A vessel or aircraft may be grant17 ed clearance before a decision on liability is 

18 made under paragraph (1) only if a bond ap19 proved by the Attorney General or an amount 

20 sufficient to pay the civil penalty is deposited 

21 with the Commissioner. 

22 ‘‘(B) PROHIBITION ON CLEARANCE WHILE

23 PENALTY UNPAID.—A vessel or aircraft may 

24 not be granted clearance if a civil penalty im25 posed under paragraph (1) is not paid. 


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1 ‘‘(d) DISCONTINUING GRANTING VISAS TO NATION2 ALS OF COUNTRY DENYING OR DELAYING ACCEPTING

3 ALIEN.—On being notified by the Attorney General that 

4 the government of a foreign country denies or unreason5 ably delays accepting an alien who is a citizen, subject, 

6 national, or resident of that country after the Attorney 

7 General asks whether the government will accept the alien 

8 under this section, the Secretary of State shall order con9 sular officers in that foreign country to discontinue grant10 ing immigrant visas or nonimmigrant visas, or both, to 

11 citizens, subjects, nationals, and residents of that country 

12 until the Attorney General notifies the Secretary that the 

13 country has accepted the alien. 

14 ‘‘§ 318. Bringing in and harboring certain aliens 

15 ‘‘(a) CRIMINAL PENALTIES.—(1)(A) Whoever— 

16 ‘‘(i) knowing that a person is an alien, brings 

17 to or attempts to bring to the United States in any 

18 manner whatsoever such person at a place other 

19 than a designated port of entry or place other than 

20 as designated by the Commissioner, regardless of 

21 whether such alien has received prior official author22 ization to come to, enter, or reside in the United 

23 States and regardless of any future official action 

24 which may be taken with respect to such alien; 


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1 ‘‘(ii) knowing or in reckless disregard of the 

2 fact that an alien has come to, entered, or remains 

3 in the United States in violation of law, transports, 

4 or moves or attempts to transport or move such 

5 alien within the United States by means of transpor6 tation or otherwise, in furtherance of such violation 

7 of law; 

8 ‘‘(iii) knowing or in reckless disregard of the 

9 fact that an alien has come to, entered, or remains 

10 in the United States in violation of law, conceals, 

11 harbors, or shields from detection, or attempts to 

12 conceal, harbor, or shield from detection, such alien 

13 in any place, including any building or any means of 

14 transportation; 

15 ‘‘(iv) encourages or induces an alien to come to, 

16 enter, or reside in the United States, knowing or in 

17 reckless disregard of the fact that such coming to, 

18 entry, or residence is or will be in violation of law; 

19 or 

20 ‘‘(v) engages in any conspiracy to commit any 

21 of the preceding acts; 

22 shall be punished as provided in subparagraph (B). 

23 ‘‘(B) Whoever violates subparagraph (A) shall, for 

24 each alien in respect to whom such a violation occurs— 


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1 ‘‘(i) in the case of a violation of subparagraph 

2 (A)(i) or (v)(I) or in the case of a violation of sub3 paragraph (A)(ii), (iii), or (iv) in which the offense 

4 was done for the purpose of commercial advantage 

5 or private financial gain, be imprisoned not more 

6 than 10 years; 

7 ‘‘(ii) in the case of a violation of subparagraph 

8 (A) (ii), (iii), (iv), or (v)(II) be imprisoned not more 

9 than 5 years; 

10 ‘‘(iii) in the case of a violation of subparagraph 

11 (A) (i), (ii), (iii), (iv), or (v) during and in relation 

12 to which the person causes serious bodily injury to, 

13 or places in jeopardy the life of, any person, be im14 prisoned not more than 20 years; and 

15 ‘‘(iv) in the case of a violation of subparagraph 

16 (A) (i), (ii), (iii), (iv), or (v) resulting in the death 

17 of any person, be punished by death or imprisoned 

18 for any term of years or for life. 

19 ‘‘(C) It is not a violation of clause (ii) or (iii) of sub20 paragraph (A), or of clause (iv) of subparagraph (A) ex21 cept where a person encourages or induces an alien to 

22 come to or enter the United States, for a religious denomi23 nation having a bona fide nonprofit, religious organization 

24 in the United States, or the agents or officers of such de25 nomination or organization, to encourage, invite, call, 


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1 allow, or enable an alien who is present in the United 

2 States to perform the vocation of a minister or missionary 

3 for the denomination or organization in the United States 

4 as a volunteer who is not compensated as an employee, 

5 notwithstanding the provision of room, board, travel, med6 ical assistance, and other basic living expenses, provided 

7 the minister or missionary has been a member of the de8 nomination for at least one year. 

9 ‘‘(2) Whoever, knowing or in reckless disregard of the 

10 fact that an alien has not received prior official authoriza11 tion to come to, enter, or reside in the United States, 

12 brings to or attempts to bring to the United States in any 

13 manner whatsoever, such alien, regardless of any official 

14 action which may later be taken with respect to such alien 

15 shall, for each alien in respect to whom a violation of this 

16 paragraph occurs— 

17 ‘‘(A) be imprisoned not more than one year; or 

18 ‘‘(B) in the case of— 

19 ‘‘(i) an offense committed with the intent 

20 or with reason to believe that the alien unlaw21 fully brought into the United States will commit 

22 an offense against the United States or any 

23 State punishable by imprisonment for more 

24 than 1 year, 


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1 ‘‘(ii) an offense done for the purpose of 

2 commercial advantage or private financial gain, 

3 or 

4 ‘‘(iii) an offense in which the alien is not 

5 upon arrival immediately brought and presented 

6 to an appropriate immigration officer at a des7 ignated port of entry, 

8 be imprisoned not less than 5 nor more than 15 

9 years. 

10 ‘‘(3)(A) Whoever, during any 12-month period, know11 ingly hires for employment at least 10 individuals with ac12 tual knowledge that the individuals are aliens described 

13 in subparagraph (B) shall be imprisoned for not more 

14 than 5 years. 

15 ‘‘(B) An alien described in this subparagraph is an 

16 alien who— 

17 ‘‘(i) is an unauthorized alien (as defined in sec18 tion 274A(h)(3) of the Immigration and Nationality 

19 Act), and 

20 ‘‘(ii) has been brought into the United States in 

21 violation of this subsection. 

22 ‘‘(4) In the case of a person who has brought aliens 

23 into the United States in violation of this subsection, the 

24 sentence otherwise provided for may be increased by up 

25 to 10 years if— 


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1 ‘‘(A) the offense was part of an ongoing com2 mercial organization or enterprise; 

3 ‘‘(B) aliens were transported in groups of 10 or 

4 more; and 

5 ‘‘(C)(i) aliens were transported in a manner 

6 that endangered their lives; or 

7 ‘‘(ii) the aliens presented a life-threatening 

8 health risk to people in the United States. 

9 ‘‘(b) AUTHORITY TO ARREST.—No officer or person 

10 shall have authority to make any arrest for a violation of 

11 any provision of this section except officers and employees 

12 of the Service designated by the Attorney General, either 

13 individually or as a member of a class, and all other offi14 cers whose duty it is to enforce criminal laws. 

15 ‘‘(c) AUDIOVISUALLY PRESERVED DEPOSITIONS.— 

16 Notwithstanding any provision of the Federal Rules of 

17 Evidence, the videotaped (or otherwise audiovisually pre18 served) deposition of a witness to a violation of subsection 

19 (a) who has been deported or otherwise expelled from the 

20 United States, or is otherwise unable to testify, may be 

21 admitted into evidence in an action brought for that viola22 tion if the witness was available for cross examination and 

23 the deposition otherwise complies with the Federal Rules 

24 of Evidence. 


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1 ‘‘(d) OUTREACH PROGRAM.—The Secretary of 

2 Homeland Security, in consultation with the Attorney 

3 General and the Secretary of State, as appropriate, shall 

4 develop and implement an outreach program to educate 

5 the public in the United States and abroad about the pen6 alties for bringing in and harboring aliens in violation of 

7 this section. 

8 ‘‘§ 319. Entry of alien at improper time or place; mis9 representation and concealment of facts 

10 ‘‘(a) ENTRY.—Any alien who— 

11 ‘‘(1) enters or attempts to enter the United 

12 States at any time or place other than as designated 

13 by immigration officers; 

14 ‘‘(2) eludes examination or inspection by immi15 gration officers; or 

16 ‘‘(3) attempts to enter or obtains entry to the 

17 United States by a knowingly false or misleading 

18 representation or the knowingly concealment of a 

19 material fact; 

20 shall, for the first commission of any such offense, be im21 prisoned not more than 6 months, and, for a subsequent 

22 commission of any such offense, be imprisoned not more 

23 than 2 years. 

24 ‘‘(b) APPREHENSION WHILE ENTERING.—Any alien 

25 who is apprehended while entering (or attempting to 


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1 enter) the United States at a time or place other than 

2 as designated by immigration officers shall be subject to 

3 a civil penalty of— 

4 ‘‘(1) at least $50 and not more than $250 for 

5 each such entry (or attempted entry); or 

6 ‘‘(2) twice the amount specified in paragraph 

7 (1) in the case of an alien who has been previously 

8 subject to a civil penalty under this subsection. 

9 Civil penalties under this subsection are in addition to, 

10 and not in lieu of, any criminal or other civil penalties 

11 that may be imposed. 

12 ‘‘(c) MARRIAGE.—An individual who knowingly en13 ters into a marriage for the purpose of evading any provi14 sion of the immigration laws shall be imprisoned for not 

15 more than 5 years. 

16 ‘‘(d) COMMERCIAL ENTERPRISE.—Whoever know17 ingly establishes a commercial enterprise for the purpose 

18 of evading any provision of the immigration laws shall be 

19 imprisoned for not more than 5 years. 

20 ‘‘§ 320. Reentry of removed alien 

21 ‘‘(a) OFFENSE.—Subject to subsection (b), any alien 

22 who— 

23 ‘‘(1) has been denied admission, excluded, de24 ported, or removed or has departed the United 


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1 States while an order of exclusion, deportation, or 

2 removal is outstanding; and 

3 ‘‘(2) thereafter enters, attempts to enter, or is 

4 at any time found in, the United States, unless (A) 

5 prior to his reembarkation at a place outside the 

6 United States or his application for admission from 

7 foreign contiguous territory, the Attorney General 

8 has expressly consented to such alien’s reapplying 

9 for admission; or (B) with respect to an alien pre10 viously denied admission and removed, unless such 

11 alien shall establish that he was not required to ob12 tain such advance consent under this or any prior 

13 Act, 

14 shall be imprisoned not more than 2 years. 

15 ‘‘(b) INCREASED PENALTY.—In the case of any alien 

16 violating subsection (a)— 

17 ‘‘(1) whose removal was subsequent to a convic18 tion for commission of three or more misdemeanors 

19 involving drugs, crimes against the person, or both, 

20 or a felony (other than an aggravated felony), such 

21 alien shall be imprisoned not more than 10 years; 

22 ‘‘(2) whose removal was subsequent to a convic23 tion for commission of an aggravated felony, such 

24 alien shall be imprisoned not more than 20 years; 


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1 ‘‘(3) who has been excluded from the United 

2 States pursuant to section 235(c) of the Immigra3 tion and Nationality Act because the alien was ex4 cludable under section 212(a)(3)(B) of such Act or 

5 who has been removed from the United States pur6 suant to title V of such Act, and who thereafter, 

7 without the permission of the Attorney General, en8 ters the United States, or attempts to do so, shall 

9 be imprisoned for a period of 10 years, which sen10 tence shall not run concurrently with any other sen11 tence; or 

12 ‘‘(4) who was removed from the United States 

13 pursuant to section 241(a)(4)(B) of such Act who 

14 thereafter, without the permission of the Attorney 

15 General, enters, attempts to enter, or is at any time 

16 found in, the United States (unless the Attorney 

17 General has expressly consented to such alien’s re18 entry) shall be imprisoned for not more than 10 

19 years. 

20 For the purposes of this subsection, the term ‘removal’ 

21 includes any agreement in which an alien stipulates to re22 moval during (or not during) a criminal trial under either 

23 Federal or State law. 

24 ‘‘(c) REENTRY.—Any alien deported pursuant to sec25 tion 242(h)(2) of the Immigration and Nationality Act 


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1 who enters, attempts to enter, or is at any time found 

2 in, the United States (unless the Attorney General has ex3 pressly consented to such alien’s reentry) shall be incarcer4 ated for the remainder of the sentence of imprisonment 

5 which was pending at the time of deportation without any 

6 reduction for parole or supervised release. Such alien shall 

7 be subject to such other penalties relating to the reentry 

8 of deported aliens as may be available under this section 

9 or any other provision of law. 

10 ‘‘(d) CHALLENGE OF VALIDITY OF ORDER.—In a 

11 criminal proceeding under this section, an alien may not 

12 challenge the validity of the deportation order described 

13 in subsection (a)(1) or subsection (b) unless the alien dem14 onstrates that— 

15 ‘‘(1) the alien exhausted any administrative 

16 remedies that may have been available to seek relief 

17 against the order; 

18 ‘‘(2) the deportation proceedings at which the 

19 order was issued improperly deprived the alien of the 

20 opportunity for judicial review; and 

21 ‘‘(3) the entry of the order was fundamentally 

22 unfair. 


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1 ‘‘§ 321. Aiding or assisting certain aliens to enter the 

2 United States 

3 ‘‘Whoever knowingly aids or assists any alien inad4 missible under section 212(a)(2) of the Immigration and 

5 Nationality Act (insofar as an alien inadmissible under 

6 such section has been convicted of an aggravated felony) 

7 or section 212(a)(3) of such Act (other than subparagraph 

8 (E) thereof) to enter the United States, or who connives 

9 or conspires with any person or persons to allow, procure, 

10 or permit any such alien to enter the United States, shall 

11 be or imprisoned not more than 10 years. 

12 ‘‘§ 322. Increased penalty for certain terrorism re13 lated offenses 

14 ‘‘Whoever violates this subchapter shall, if the max15 imum imprisonment for the offense is less but for this sec16 tion, be imprisoned not more than 25 years if the offense 

17 was committed to facilitate an act of international ter18 rorism (as defined in section 283), and 20 years (if the 

19 offense was committed to facilitate a drug trafficking 

20 crime (as defined in section 592). 

21 ‘‘CHAPTER 17—DRUG CRIMES 

‘‘401. Definitions for chapter. 

‘‘402. Basic offenses. 

‘‘403. Basic punishment structure. 

‘‘404. Offenses involving protected persons. 

‘‘405. Enhancement for offenses involving protected places. 

‘‘406. Maintaining drug-involved premises. 

‘‘407. Distribution in or near schools. 

‘‘408. Listed chemicals. 

‘‘409. Domestic regulatory offenses. 


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‘‘410. Additional domestic regulatory offenses. 

‘‘411. Penalty for simple possession. 

‘‘412. Civil penalty for possession of small amounts of certain controlled substances. 

‘‘413. Continuing criminal enterprise. 

‘‘414. Drug paraphernalia. 

‘‘415. Proceedings to establish prior convictions. 

‘‘416. Anhydrous ammonia. 

‘‘417. Controlled substances import and export listed chemical offenses. 

‘‘418. Prohibited Acts related to foreign terrorist organizations or terrorist persons and groups. 

‘‘419. Offenses involving the Internet. 

1 ‘‘§ 401. Definitions for chapter 

2 ‘‘As used in this chapter— 

3 ‘‘(1) a term defined for the purposes of the 

4 Controlled Substances Act or the Controlled Sub5 stances Import and Export Act has the same mean6 ing in this chapter; 

7 ‘‘(2) the term ‘large quantity of a major drug’ 

8 means— 

9 ‘‘(A) 1 kilogram or more of a mixture or 

10 substance containing a detectable amount of 

11 heroin; 

12 ‘‘(B) 5 kilograms or more of a mixture or 

13 substance containing a detectable amount of— 

14 ‘‘(i) coca leaves, except coca leaves 

15 and extracts of coca leaves from which co16 caine, ecgonine, and derivatives of ecgonine 

17 or their salts have been removed; 

18 ‘‘(ii) cocaine, its salts, optical and geo19 metric isomers, and salts of isomers; 


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1 ‘‘(iii) ecgonine, its derivatives, their 

2 salts, isomers, and salts of isomers; or 

3 ‘‘(iv) any compound, mixture, or prep4 aration which contains any quantity of any 

5 of the substances referred to in clauses (i) 

6 through (iii); 

7 ‘‘(C) 280 grams or more of a mixture or 

8 substance described in subparagraph (B) which 

9 contains cocaine base; 

10 ‘‘(D) 100 grams or more of phencyclidine 

11 (PCP) or 1 kilogram or more of a mixture or 

12 substance containing a detectable amount of 

13 phencyclidine (PCP); 

14 ‘‘(E) 10 grams or more of a mixture or 

15 substance containing a detectable amount of ly16 sergic acid diethylamide (LSD); 

17 ‘‘(F) 400 grams or more of a mixture or 

18 substance containing a detectable amount of N19 phenyl-N-[1–(2-phenylethyl)–4-piperidinyl] 

20 propanamide or 100 grams or more of a mix21 ture or substance containing a detectable 

22 amount of any analogue of N-phenyl-N-[1–(2- 

23 phenylethyl)–4-piperidinyl] propanamide; 

24 ‘‘(G) 1000 kilograms or more of a mixture 

25 or substance containing a detectable amount of 


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1 marihuana, or 1,000 or more marihuana plants 

2 regardless of weight; or 

3 ‘‘(H) 50 grams or more of methamphet4 amine, its salts, isomers, and salts of its iso5 mers or 500 grams or more of a mixture or 

6 substance containing a detectable amount of 

7 methamphetamine, its salts, isomers, or salts of 

8 its isomers; 

9 ‘‘(3) the term ‘substantial quantity of a major 

10 drug’ means— 

11 ‘‘(A) 100 grams or more of a mixture or 

12 substance containing a detectable amount of 

13 heroin; 

14 ‘‘(B) 500 grams or more of a mixture or 

15 substance containing a detectable amount of— 

16 ‘‘(i) coca leaves, except coca leaves 

17 and extracts of coca leaves from which co18 caine, ecgonine, and derivatives of ecgonine 

19 or their salts have been removed; 

20 ‘‘(ii) cocaine, its salts, optical and geo21 metric isomers, and salts of isomers; 

22 ‘‘(iii) ecgonine, its derivatives, their 

23 salts, isomers, and salts of isomers; or 

24 ‘‘(iv) any compound, mixture, or prep25 aration which contains any quantity of any 


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1 of the substances referred to in clauses (i) 

2 through (iii); 

3 ‘‘(C) 28 grams or more of a mixture or 

4 substance described in subparagraph (B) which 

5 contains cocaine base; 

6 ‘‘(D) 10 grams or more of phencyclidine 

7 (PCP) or 100 grams or more of a mixture or 

8 substance containing a detectable amount of 

9 phencyclidine (PCP); 

10 ‘‘(E) 1 gram or more of a mixture or sub11 stance containing a detectable amount of lyser12 gic acid diethylamide (LSD); 

13 ‘‘(F) 40 grams or more of a mixture or 

14 substance containing a detectable amount of N15 phenyl-N-[1–(2-phenylethyl)–4-piperidinyl] 

16 propanamide or 10 grams or more of a mixture 

17 or substance containing a detectable amount of 

18 any analogue of N-phenyl-N-[1–(2- 

19 phenylethyl)–4-piperidinyl] propanamide; 

20 ‘‘(G) 100 kilograms or more of a mixture 

21 or substance containing a detectable amount of 

22 marihuana, or 100 or more marihuana plants 

23 regardless of weight; or 

24 ‘‘(H) 5 grams or more of methamphet25 amine, its salts, isomers, and salts of its isoVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 mers or 50 grams or more of a mixture or sub2 stance containing a detectable amount of meth3 amphetamine, its salts, isomers, or salts of its 

4 isomers; 

5 ‘‘(4) the term ‘date rape drug’ means gamma 

6 hydroxybutyric acid (including when scheduled as an 

7 approved drug product for purposes of section 

8 3(a)(1)(B) of the Hillory J. Farias and Samantha 

9 Reid Date-Rape Drug Prohibition Act of 2000), or 

10 1 gram of flunitrazepam; 

11 ‘‘(5) the term ‘repeat offender’ means a person 

12 who is convicted under this chapter after a prior 

13 conviction for a felony drug offense; 

14 ‘‘(6) the term ‘career offender’ means a person 

15 who is convicted under this chapter after two or 

16 more prior convictions for a felony drug offense; 

17 ‘‘(7) the term ‘midlevel quantity of marijuana’ 

18 means less than 50 kilograms of marihuana, except 

19 in the case of 50 or more marihuana plants regard20 less of weight; and 

21 ‘‘(8) the term ‘larger quantity of hashish’ 

22 means less than ten kilograms of hashish or one 

23 kilogram of hashish oil. 


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1 ‘‘§ 402. Basic offenses 

2 ‘‘Except as authorized by this chapter, the Controlled 

3 Substances Act, or the Controlled Substances Import and 

4 Export Act, whoever knowingly— 

5 ‘‘(1) manufactures, distributes, or dispenses, or 

6 possesses with intent to manufacture, distribute, or 

7 dispense, a controlled substance; 

8 ‘‘(2) creates, distributes, or dispenses, or pos9 sesses with intent to distribute or dispense, a coun10 terfeit substance; 

11 ‘‘(3) imports or exports a controlled substance 

12 in violation of section 1002, 1003, or 1007 of the 

13 Controlled Substances Import and Export Act; 

14 ‘‘(4) brings or possesses on board a vessel, air15 craft, or vehicle a controlled substance in violation of 

16 section 1005 of that Act; or 

17 ‘‘(5) manufactures, possesses with intent to dis18 tribute, or distributes a controlled substance in viola19 tion of section 1009 of that Act; 

20 shall be punished as provided in this chapter. 

21 ‘‘§ 403. Basic punishment structure 

22 ‘‘(a) LARGE QUANTITIES OF MAJOR DRUGS.— 

23 ‘‘(1) PRISON.—If the violation of section 402 

24 involves a large quantity of a major drug, the of25 fender shall be imprisoned not less than ten years, 

26 or for life. If the offender is a repeat offender or if 


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1 death or serious bodily injury results to any person 

2 from the offense, the term shall not be less than 20 

3 years. If the offender is a career offender, the term 

4 shall be life. 

5 ‘‘(2) FINE.—An offender to whom paragraph 

6 (1) applies shall be fined not more than 

7 $10,000,000, and if the offender is a repeat of8 fender, not more than $20,000,000. 

9 ‘‘(3) SUPERVISED RELEASE.—An offender to 

10 whom paragraph (1) applies shall be sentenced to 

11 supervised release for a period of at least 5 years, 

12 but if the offender is a repeat offender, for a period 

13 of 10 years. 

14 ‘‘(b) SUBSTANTIAL QUANTITIES OF MAJOR

15 DRUGS.— 

16 ‘‘(1) PRISON.—If the violation of section 402 

17 involves a substantial quantity of a major drug, the 

18 offender shall be imprisoned not less than five years 

19 nor more than 40 years, but if death or serious bod20 ily injury results to any person from the offense, not 

21 less than 20 years, or for life. If the offender is a 

22 repeat offender, the term shall not be less than 10 

23 years, or life, but if death or serious bodily injury 

24 results to any person from the offense, the term 

25 shall be life. 


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1 ‘‘(2) FINE.—An offender to whom paragraph 

2 (1) applies shall be fined not more than $5,000,000 

3 if the offender is an individual or $25,000,000 if the 

4 offender is an organization. If the offender is a re5 peat offender, the fine shall be not more than 

6 $8,000,000 if the offender is an individual or 

7 $50,000,000 if the offender is an organization. 

8 ‘‘(3) SUPERVISED RELEASE.—An offender to 

9 whom paragraph (1) applies shall be sentenced to 

10 supervised release for a period of at least 4 years, 

11 but if the offender is a repeat offender, for a period 

12 of at least 8 years. 

13 ‘‘(c) LESSER QUANTITIES OF MAJOR DRUGS AND

14 ANY QUANTITY OF CERTAIN OTHER SUBSTANCES.— 

15 ‘‘(1) PRISON.—If the violation of section 402 

16 involves a controlled substance in schedule I or II, 

17 in a lesser quantity than those described in section 

18 401(3) if such substance is listed therein, or a date 

19 rape drug, the offender shall be imprisoned not more 

20 than 20 years, but if death or serious bodily injury 

21 results to any person from the offense, not less than 

22 20 years, or life. If the offender is a repeat offender, 

23 the term shall not be more than 30 years, but if 

24 death or serious bodily injury results to any person 


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1 from the offense, the term shall not be less than 20 

2 years, or life. 

3 ‘‘(2) FINE.—An offender to whom paragraph 

4 (1) applies shall be fined not more than $1,000,000 

5 if the offender is an individual or $5,000,000 if the 

6 offender is an organization. If the offender is a re7 peat offender, the fine shall be not more than 

8 $2,000,000 if the offender is an individual or 

9 $10,000,000 if the offender is an organization. 

10 ‘‘(3) SUPERVISED RELEASE.—An offender to 

11 whom paragraph (1) applies shall be sentenced to 

12 supervised release for a period of at least 3 years, 

13 but if the offender is a repeat offender, for a period 

14 of at least 6 years. 

15 ‘‘(d) MIDLEVEL QUANTITIES OF MARIJUANA AND

16 LARGER QUANTITIES OF HASHISH.— 

17 ‘‘(1) PRISON.—If the violation of section 402 

18 involves a midlevel quantity of marijuana or a larger 

19 quantity of hashish, the offender shall be imprisoned 

20 not more than five years, or if a repeat offender, not 

21 more than 10 years. 

22 ‘‘(2) FINE.—An offender to whom paragraph 

23 (1) applies shall be fined not more than $250,000 if 

24 the offender is an individual or $1,000,000 if the of25 fender is an organization. If the offender is a repeat 


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1 offender, the fine shall be not more than $500,000 

2 if the offender is an individual or $2,000,000 if the 

3 offender is an organization. 

4 ‘‘(3) SUPERVISED RELEASE.—An offender to 

5 whom paragraph (1) applies shall be sentenced to 

6 supervised release for a period of at least 2 years, 

7 but if the offender is a repeat offender, for a period 

8 of at least 4 years. 

9 ‘‘(e) SCHEDULE III SUBSTANCES.— 

10 ‘‘(1) PRISON.—If the violation of section 402 

11 involves a schedule III substance for which a penalty 

12 is not imposed in a previous subsection, the offender 

13 shall be imprisoned not more than 10 years, but if 

14 death or serious bodily injury results to any person 

15 from the offense, not more than 15 years. If the of16 fender is a repeat offender, the term shall not be 

17 more than 20 years, but if death or serious bodily 

18 injury results to any person from the offense, the 

19 term shall not be more than 30 years. 

20 ‘‘(2) FINE.—An offender to whom paragraph 

21 (1) applies shall be fined not more than $500,000 if 

22 the offender is an individual or $2,500,000 if the of23 fender is an organization. If the offender is a repeat 

24 offender, the fine shall be not more than $1,000,000 


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1 if the offender is an individual or $5,000,000 if the 

2 offender is an organization. 

3 ‘‘(3) SUPERVISED RELEASE.—An offender to 

4 whom paragraph (1) applies shall be sentenced to 

5 supervised release for a period of at least 2 years, 

6 but if the offender is a repeat offender, for a period 

7 of at least 4 years. 

8 ‘‘(f) SCHEDULE IV SUBSTANCES.— 

9 ‘‘(1) PRISON.—If the violation of section 402 

10 involves a schedule IV substance, the offender shall 

11 be imprisoned not more than 5 years. If the offender 

12 is a repeat offender, the term shall be not more than 

13 10 years.and sentenced to supervised release for at 

14 least one year. If the offender is a repeat offender, 

15 the offender shall be imprisoned not more than 10 

16 years and sentenced to supervised release for at least 

17 two years. 

18 ‘‘(2) FINE.—An offender to whom paragraph 

19 (1) applies shall be fined not more than $250,000 if 

20 the offender is an individual or $1,000,000 if the of21 fender is an organization. If the offender is a repeat 

22 offender, the fine shall be not more than $500,000 

23 if the offender is an individual or $2,000,000 if the 

24 offender is an organization. 


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1 ‘‘(3) SUPERVISED RELEASE.—An offender to 

2 whom paragraph (1) applies shall be sentenced to 

3 supervised release for a period of at least one year, 

4 but if the offender is a repeat offender, for a period 

5 of at least 2 years. 

6 ‘‘(g) SCHEDULE V SUBSTANCES.— 

7 ‘‘(1) PRISON.—If the violation of section 402 

8 involves a schedule V substance, the offender shall 

9 be imprisoned not more than one year. If the of10 fender is a repeat offender, the term shall be not 

11 more than four years. 

12 ‘‘(2) FINE.—An offender to whom paragraph 

13 (1) applies shall be fined not more than $100,000 if 

14 the offender is an individual or $250,000 if the of15 fender is an organization. If the offender is a repeat 

16 offender, the fine shall be not more than $200,000 

17 if the offender is an individual or $500,000 if the of18 fender is an organization. 

19 ‘‘§ 404. Offenses involving protected persons 

20 ‘‘(a) DISTRIBUTION WITH INTENT TO COMMIT A

21 CRIME OF VIOLENCE.— 

22 ‘‘(1) IN GENERAL.—Whoever, with intent to 

23 commit a crime of violence (including an offense 

24 that would also be punishable under section 201 if 

25 the conduct occurred in the special maritime and 


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1 territorial jurisdiction of the United States) against 

2 an individual, violates section 402 by distributing a 

3 controlled substance or controlled substance ana4 logue to that individual without that individual’s 

5 knowledge, shall be imprisoned not more than 20 

6 years. 

7 ‘‘(2) DEFINITION.—As used in this subsection, 

8 the term ‘without that individual’s knowledge’ means 

9 that the individual is unaware that a substance with 

10 the ability to alter that individual’s ability to ap11 praise conduct or to decline participation in or com12 municate unwillingness to participate in conduct is 

13 administered to the individual. 

14 ‘‘(b) ENDANGERING HUMAN LIFE WHILE ILLE15 GALLY MANUFACTURING CONTROLLED SUBSTANCE.— 

16 Whoever, while manufacturing a controlled substance in 

17 violation of this chapter or the Controlled Substances Act, 

18 or attempting or conspiring to do so, or transporting ma19 terials, including chemicals, to do so, knowingly creates 

20 a risk of harm to human life shall be imprisoned not more 

21 than ten years. 

22 ‘‘(c) DISTRIBUTION TO MINORS.— 

23 ‘‘(1) FIRST OFFENSES.—Except as provided in 

24 section 407 and in paragraph (2), any person at 

25 least 18 years of age who violates section 402 by disVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 tributing a controlled substance to a person under 

2 21 years of age is subject to (A) twice the maximum 

3 punishment authorized by section 403, and (B) at 

4 least twice any term of supervised release authorized 

5 by section 403, for a first offense involving the same 

6 controlled substance and schedule. Except to the ex7 tent a greater minimum sentence is otherwise pro8 vided by section 403, a term of imprisonment under 

9 this subsection shall be not less than one year. The 

10 mandatory minimum sentencing provisions of this 

11 subsection do not apply to offenses involving 5 

12 grams or less of marihuana. 

13 ‘‘(2) SECOND AND SUBSEQUENT OFFENSES.— 

14 Except as provided in section 407, if the offender 

15 under paragraph (1) has a prior conviction under 

16 paragraph (1) (or under section 303(b)(2) of the 

17 Federal Food, Drug, and Cosmetic Act as in effect 

18 prior to the effective date of section 701(b) of the 

19 Controlled Substances Act) is subject to (A) three 

20 times the maximum punishment authorized by sec21 tion 403, and (B) at least three times any term of 

22 supervised release authorized by section 403, for a 

23 second offense or subsequent offense involving the 

24 same controlled substance and schedule. Except to 

25 the extent a greater minimum sentence is otherwise 


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1 provided by section 403, a term of imprisonment 

2 under this subsection shall be not less than one year. 

3 Penalties for third and subsequent convictions shall 

4 those provided by section 403(a) for offenses involv5 ing large quantities of major drugs under that sec6 tion. 

7 ‘‘(d) ADULTS USING MINORS.—Whoever, being at 

8 least 21 years of age, knowingly— 

9 ‘‘(1) employs, hires, uses, persuades, induces, 

10 entices, or coerces a minor to violate section 402; or 

11 ‘‘(2) employs, hires, uses, persuades, induces, 

12 entices, or coerces a minor to assist in avoiding de13 tection or apprehension, for any offense under sec14 tion 402, by any Federal, State, or local law enforce15 ment official, 

16 is punishable by a term of imprisonment, a fine, or both, 

17 up to triple those authorized by section 403. 

18 ‘‘(e) YOUNG ADULTS USING MINORS.— 

19 ‘‘(1) Whoever, not being a minor, knowingly— 

20 ‘‘(A) employs, hires, uses, persuades, in21 duces, entices, or coerces, a minor to violate 

22 this chapter, the Controlled Substances Act, or 

23 the Controlled Substances Import and Export 

24 Act; 


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1 ‘‘(B) employs, hires, uses, persuades, in2 duces, entices, or coerces, a minor to assist in 

3 avoiding detection or apprehension, for violation 

4 of this chapter, the Controlled Substances Act, 

5 or the Controlled Substances Import and Ex6 port Act, by any Federal, State, or local law en7 forcement official; or 

8 ‘‘(C) receives a controlled substance from a 

9 minor, other than a family member, in violation 

10 of this chapter, the Controlled Substances Act, 

11 or the Controlled Substances Import and Ex12 port Act; 

13 shall be imprisoned for up to twice the maximum term 

14 otherwise authorized and sentenced to at least twice any 

15 term of supervised release otherwise authorized for a first 

16 offense. Except to the extent a greater minimum sentence 

17 is otherwise provided, a term of imprisonment under this 

18 subsection shall not be less than one year. 

19 ‘‘(2) Whoever violates paragraph (1) after a 

20 prior conviction under paragraph (1) of this section, 

21 shall be imprisoned for up to three times the max22 imum term otherwise authorized and sentenced to at 

23 least three times any term of supervised release oth24 erwise authorized for a first offense. Except to the 

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1 vided, a term of imprisonment under this subsection 

2 shall not be less than one year. Penalties for third 

3 and subsequent convictions shall be those provided 

4 by section 403(a) for offenses involving large quan5 tities of major drugs under that section. 

6 ‘‘(f) PROVIDING CONTROLLED SUBSTANCES TO

7 MINOR.—Whoever violates subsection (c) or (d)— 

8 ‘‘(1) by knowingly providing or distributing a 

9 controlled substance or a controlled substance ana10 logue to a minor; or 

11 ‘‘(2) if the person employed, hired, or used is 

12 14 years of age or younger; 

13 shall be subject to a term of imprisonment for not more 

14 than five years, in addition to any other punishment au15 thorized by this chapter. 

16 ‘‘(g) PREGNANT PERSONS.—Except as authorized by 

17 this chapter or the Controlled Substances Act, it shall be 

18 unlawful for any person to knowingly or intentionally pro19 vide or distribute any controlled substance to a pregnant 

20 individual in violation of any provision of this title. Who21 ever violates this subsection shall be subject to the same 

22 penalties as are provided for a violation of subsection (c). 


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1 ‘‘§ 405. Enhancement for offenses involving protected 

2 places 

3 ‘‘(a) CULTIVATION ON FEDERAL PROPERTY.—The 

4 maximum fine that may be imposed for a violation of sec5 tion 402 by cultivating a controlled substance on Federal 

6 property shall be the greater of the amount otherwise pro7 vided in this chapter or— 

8 ‘‘(1) $500,000 if the defendant is an individual; 

9 or 

10 ‘‘(2) $1,000,000 if the defendant is an organi11 zation. 

12 ‘‘(b) USE OF HAZARDOUS SUBSTANCE ON FEDERAL

13 LAND.—Whoever, in the course of a violation of section 

14 402, knowingly uses a poison, chemical, or other haz15 ardous substance on Federal land, and, by such use— 

16 ‘‘(1) creates a serious hazard to humans, wild17 life, or domestic animals, 

18 ‘‘(2) degrades or harms the environment or nat19 ural resources, or 

20 ‘‘(3) pollutes an aquifer, spring, stream, river, 

21 or body of water, 

22 shall be imprisoned not more than five years. 

23 ‘‘(c) BOOBYTRAPS.— 

24 ‘‘(1) Whoever knowingly assembles, maintains, 

25 or places a boobytrap on Federal property where a 

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1 uted, or dispensed shall be imprisoned not more 

2 than ten years. 

3 ‘‘(2) If the offender has one or more prior con4 victions for an offense under this subsection, the of5 fender shall be imprisoned not more than 20 years. 

6 ‘‘(3) As used in this subsection, the term ‘boo7 bytrap’ means any concealed or camouflaged device 

8 designed to cause bodily injury when triggered by 

9 any action of any unsuspecting person making con10 tact with the device. Such term includes guns, am11 munition, or explosive devices attached to trip wires 

12 or other triggering mechanisms, sharpened stakes, 

13 and lines or wires with hooks attached. 

14 ‘‘(d) SAFETY REST AREAS.— 

15 ‘‘(1) ENHANCEMENT.—Whoever violates section 

16 402 by distributing or possessing with intent to dis17 tribute a controlled substance in or on, or within 

18 1,000 feet of, a truck stop or safety rest area is sub19 ject to— 

20 ‘‘(A) in the case of a first offense under 

21 this subsection subject to— 

22 ‘‘(i) twice the maximum punishment 

23 provided in section 403; and 


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1 ‘‘(ii) twice any term of supervised re2 lease authorized by section 403 for a first 

3 offense; and 

4 ‘‘(B) in the case of an offense under this 

5 subsection after a prior conviction under this 

6 subsection— 

7 ‘‘(i) three times the maximum punish8 ment authorized by section 403; and 

9 ‘‘(ii) three times any term of super10 vised release authorized by section 403 for 

11 a first offense. 

12 ‘‘(2) DEFINITIONS.—As used in this sub13 section— 

14 ‘‘(A) the term ‘safety rest area’ means a 

15 roadside facility with parking facilities for the 

16 rest or other needs of motorists; and 

17 ‘‘(B) the term ‘truck stop’ means a facility 

18 (including any parking lot appurtenant thereto) 

19 that— 

20 ‘‘(i) has the capacity to provide fuel or 

21 service, or both, to any commercial motor 

22 vehicle (as defined in section 31301 of title 

23 49), operating in commerce (as defined in 

24 that section); and 


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1 ‘‘(ii) is located within 2,500 feet of 

2 the National System of Interstate and De3 fense Highways or the Federal-Aid Pri4 mary System. 

5 ‘‘§ 406. Maintaining drug-involved premises 

6 ‘‘(a) IN GENERAL.—Except as authorized by this 

7 chapter or the Controlled Substances Act, it shall be un8 lawful to— 

9 ‘‘(1) knowingly open, lease, rent, use, or main10 tain any place, whether permanently or temporarily, 

11 for the purpose of manufacturing, distributing, or 

12 using any controlled substance; or 

13 ‘‘(2) manage or control any place, whether per14 manently or temporarily, either as an owner, lessee, 

15 agent, employee, occupant, or mortgagee, and know16 ingly and intentionally rent, lease, profit from, or 

17 make available for use, with or without compensa18 tion, the place for the purpose of unlawfully manu19 facturing, storing, distributing, or using a controlled 

20 substance. 

21 ‘‘(b) PUNISHMENT.—Whoever violates subsection (a) 

22 of this section shall be sentenced to a term of imprison23 ment of not more than 20 years or a fine of not more 

24 than $500,000, or both, or a fine of $2,000,000 for an 

25 organization. 


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1 ‘‘(c) RESTITUTION.—A violation of subsection (a) 

2 shall be considered an offense against property for pur3 poses of section 3663A(c)(1)(A)(ii). 

4 ‘‘(d) CIVIL PENALTY.— 

5 ‘‘(1) Whoever violates subsection (a) shall be 

6 subject to a civil penalty of not more than the great7 er of— 

8 ‘‘(A) $250,000; or 

9 ‘‘(B) 2 times the gross receipts, either 

10 known or estimated, that were derived from 

11 each violation that is attributable to the person. 

12 ‘‘(2) If a civil penalty is calculated under para13 graph (1)(B), and there is more than 1 defendant, 

14 the court may apportion the penalty between mul15 tiple violators, but each violator shall be jointly and 

16 severally liable for the civil penalty under this sub17 section. 

18 ‘‘§ 407. Distribution in or near schools 

19 ‘‘(a) IN GENERAL.—Whoever violates section 402 or 

20 406 by distributing, possessing with intent to distribute, 

21 or manufacturing a controlled substance in or on, or with22 in one thousand feet of, the real property comprising a 

23 public or private elementary, vocational, or secondary 

24 school or a public or private college, junior college, or uni25 versity, or a playground, or housing facility owned by a 


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1 public housing authority, or within 100 feet of a public 

2 or private youth center, public swimming pool, or video 

3 arcade facility, is (except as provided in subsection (b)) 

4 subject to— 

5 ‘‘(1) twice the maximum punishment authorized 

6 by section 403; and 

7 ‘‘(2) at least twice any term of supervised re8 lease authorized by section 403 for a first offense. 

9 A fine up to twice that authorized by section 403 may 

10 be imposed in addition to any term of imprisonment au11 thorized by this subsection. Except to the extent a greater 

12 minimum sentence is otherwise provided by section 403, 

13 a person shall be sentenced under this subsection to a 

14 term of imprisonment of not less than one year. The man15 datory minimum sentencing provisions of this paragraph 

16 do not apply to offenses involving 5 grams or less of mari17 huana. 

18 ‘‘(b) SECOND OR SUBSEQUENT OFFENSES.—Who19 ever violates subsection (a) after a prior conviction under 

20 subsection (a) is subject to punishment— 

21 ‘‘(1) by the greater of— 

22 ‘‘(A) a term of imprisonment not less than 

23 three years and not more than life imprison24 ment; or 


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1 ‘‘(B) three times the maximum punishment 

2 authorized by section 403 for a first offense; 

3 and 

4 ‘‘(2) at least three times any term of supervised 

5 release authorized by section 403 for a first offense. 

6 A fine up to three times that authorized by section 403 

7 may be imposed in addition to any term of imprisonment 

8 authorized by this subsection. Except to the extent a 

9 greater minimum sentence is otherwise provided by section 

10 403, a person shall be sentenced under this subsection to 

11 a term of imprisonment of not less than three years. Pen12 alties for third and subsequent convictions shall be gov13 erned by section 403. 

14 ‘‘(c) SPECIAL RULE FOR MANDATORY MINIMUM

15 SENTENCES.—In the case of any mandatory minimum 

16 sentence imposed under subsection (b), imposition or exe17 cution of such sentence shall not be suspended and proba18 tion shall not be granted. An individual convicted under 

19 this section shall not be eligible for parole until the indi20 vidual has served the mandatory minimum term of impris21 onment as provided by this section. 

22 ‘‘(d) DEFINITIONS.—As used in this section— 

23 ‘‘(1) the term ‘playground’ means any outdoor 

24 facility (including any parking lot appurtenant 

25 thereto) intended for recreation, open to the public, 


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1 and with any portion thereof containing three or 

2 more separate apparatus intended for the recreation 

3 of children including, but not limited to, sliding 

4 boards, swingsets, and teeterboards; 

5 ‘‘(2) the term ‘youth center’ means any rec6 reational facility or gymnasium (including any park7 ing lot appurtenant thereto), intended primarily for 

8 use by persons under 18 years of age, which regu9 larly provides athletic, civic, or cultural activities; 

10 ‘‘(3) the term ‘video arcade facility’ means any 

11 facility, legally accessible to minors, intended pri12 marily for the use of pinball and video machines for 

13 amusement containing a minimum of ten machines 

14 that are either pinball or video machines; and 

15 ‘‘(4) the term ‘swimming pool’ includes any 

16 parking lot appurtenant thereto. 

17 ‘‘§ 408. Listed chemicals 

18 ‘‘(a) OFFENSE.—Whoever knowingly— 

19 ‘‘(1) possesses a listed chemical with intent to 

20 manufacture a controlled substance except as au21 thorized by this chapter or the Controlled Sub22 stances Act; 

23 ‘‘(2) possesses or distributes, a listed chemical 

24 knowing, or having reasonable cause to believe, that 

25 the listed chemical will be used to manufacture a 


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1 controlled substance except as authorized by this 

2 chapter or the Controlled Substances Act; or 

3 ‘‘(3) with the intent of causing the evasion of 

4 the recordkeeping or reporting requirements of sec5 tion 310 of the Controlled Substances Act, or the 

6 regulations issued under that section, receives or dis7 tributes a reportable amount of any listed chemical 

8 in units small enough so that the making of records 

9 or filing of reports under that section is not re10 quired; 

11 shall be imprisoned not more than 20 years in the case 

12 of a violation of paragraph (1) or (2) involving a list I 

13 chemical or not more than 10 years in any other case. 

14 ‘‘(b) INJUNCTIONS.—In addition to any other appli15 cable penalty, any person convicted of a felony violation 

16 of this section relating to the receipt, distribution, manu17 facture, exportation, or importation of a listed chemical 

18 may be enjoined from engaging in any transaction involv19 ing a listed chemical for not more than ten years. 

20 ‘‘(c) ADDITIONAL OFFENSES.— 

21 ‘‘(1) Whoever knowingly distributes a listed 

22 chemical in violation of this chapter or the Con23 trolled Substances Act (other than in violation of a 

24 recordkeeping or reporting requirement of section 


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1 310 of such Act) shall be imprisoned not more than 

2 5 years. 

3 ‘‘(2) Whoever knowingly possesses any listed 

4 chemical, with knowledge that the recordkeeping or 

5 reporting requirements of section 310 of such Act 

6 have not been adhered to, if, after such knowledge 

7 is acquired, such person does not take immediate 

8 steps to remedy the violation shall be imprisoned not 

9 more than one year. 

10 ‘‘§ 409. Domestic regulatory offenses 

11 ‘‘(a) UNLAWFUL CONDUCT GENERALLY.—It shall be 

12 unlawful for any person— 

13 ‘‘(1) who is subject to the requirements of part 

14 C of the Controlled Substances Act to distribute or 

15 dispense a controlled substance in violation of sec16 tion 309 of that Act; 

17 ‘‘(2) who is a registrant to distribute or dis18 pense a controlled substance not authorized by his 

19 registration to another registrant or other author20 ized person or to manufacture a controlled substance 

21 not authorized by his registration; 

22 ‘‘(3) who is a registrant to distribute a con23 trolled substance in violation of section 305 of the 

24 Controlled Substances Act; 


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1 ‘‘(4) to remove, alter, or obliterate a symbol or 

2 label required by section 305 of the Controlled Sub3 stances Act; 

4 ‘‘(5) to refuse or negligently fail to make, keep, 

5 or furnish any record, report, notification, declara6 tion, order or order form, statement, invoice, or in7 formation required under the Controlled Substances 

8 Act or the Controlled Substances Import and Export 

9 Act; 

10 ‘‘(6) to refuse any entry into any premises or 

11 inspection authorized by the Controlled Substances 

12 Act or the Controlled Substances Import and Export 

13 Act; 

14 ‘‘(7) to remove, break, injure, or deface a seal 

15 placed upon controlled substances pursuant to sec16 tion 304(f) or 511 of the Controlled Substances Act 

17 or to remove or dispose of substances so placed 

18 under seal; 

19 ‘‘(8) to use, to his own advantage, or to reveal, 

20 other than to duly authorized officers or employees 

21 of the United States, or to the courts when relevant 

22 in any judicial proceeding under this title or title III, 

23 any information acquired in the course of an inspec24 tion authorized by the Controlled Substances Act 

25 concerning any method or process which as a trade 


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1 secret is entitled to protection, or to use to his own 

2 advantage or reveal (other than as authorized by 

3 section 310 of that Act) any information that is con4 fidential under such section; 

5 ‘‘(9) who is a regulated person to engage in a 

6 regulated transaction without obtaining the identi7 fication required by 310(a)(3) of the Controlled Sub8 stances Act; 

9 ‘‘(10) negligently to fail to keep a record, make 

10 a report, or self-certify as required under section 

11 310 of the Controlled Substances Act; 

12 ‘‘(11) to distribute a laboratory supply to a per13 son who uses, or attempts to use, that laboratory 

14 supply to manufacture a controlled substance or a 

15 listed chemical, in violation of this chapter, the Con16 trolled Substances Act, or the Controlled Substances 

17 Import and Export Act, with reckless disregard for 

18 the illegal uses to which such a laboratory supply 

19 will be put; 

20 ‘‘(12) who is a regulated seller, or a distributor 

21 required to submit reports under subsection (b)(3) 

22 of section 310 of the Controlled Substances Act— 

23 ‘‘(A) to sell at retail a scheduled listed 

24 chemical product in violation of paragraph (1) 

25 of subsection (d) of such section, knowing at 


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1 the time of the transaction involved (inde2 pendent of consulting the logbook under sub3 section (e)(1)(A)(iii) of such section) that the 

4 transaction is a violation; or 

5 ‘‘(B) to knowingly or recklessly sell at re6 tail such a product in violation of paragraph (2) 

7 of such subsection (d); 

8 ‘‘(13) who is a regulated seller to knowingly or 

9 recklessly sell at retail a scheduled listed chemical 

10 product in violation of subsection (e) of section 310 

11 of the Controlled Substances Act; 

12 ‘‘(14) who is a regulated seller or an employee 

13 or agent of such seller to disclose, in violation of reg14 ulations under subparagraph (C) of section 

15 310(e)(1) of the Controlled Substances Act, informa16 tion in logbooks under subparagraph (A)(iii) of such 

17 section, or to refuse to provide such a logbook to 

18 Federal, State, or local law enforcement authorities; 

19 or 

20 ‘‘(15) to distribute a scheduled listed chemical 

21 product to a regulated seller, or to a regulated per22 son referred to in section 310(b)(3)(B) of the Con23 trolled Substances Act, unless such regulated seller 

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1 ment Administration, or on the list of persons re2 ferred to under section 310(e)(1)(B)(v) of that Act. 

3 For purposes of paragraph (15), if the distributor is tem4 porarily unable to access the list of persons referred to 

5 under section 310(e)(1)(B)(v) of the Controlled Sub6 stances Act, the distributor may rely on a written, faxed, 

7 or electronic copy of a certificate of self-certification sub8 mitted by the regulated seller or regulated person, pro9 vided the distributor confirms within 7 business days of 

10 the distribution that such regulated seller or regulated 

11 person is on the list referred to under section 

12 310(e)(1)(B)(v) of that Act. 

13 ‘‘(b) DEFINITION.—As used in paragraph (11) of 

14 subsection (a), the term ‘laboratory supply’ means a listed 

15 chemical or any chemical, substance, or item on a special 

16 surveillance list published by the Attorney General, which 

17 contains chemicals, products, materials, or equipment 

18 used in the manufacture of controlled substances and list19 ed chemicals. For purposes of that paragraph, there is a 

20 rebuttable presumption of reckless disregard at trial if the 

21 Attorney General notifies a firm in writing that a labora22 tory supply sold by the firm, or any other person or firm, 

23 has been used by a customer of the notified firm, or dis24 tributed further by that customer, for the unlawful pro25 duction of controlled substances or listed chemicals a firm 


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1 distributes and 2 weeks or more after the notification the 

2 notified firm distributes a laboratory supply to the cus3 tomer. 

4 ‘‘(c) SCHEDULE I AND II SUBSTANCES.—It shall be 

5 unlawful for any person who is a registrant to manufac6 ture a controlled substance in schedule I or II which is— 

7 ‘‘(1) not expressly authorized by the registra8 tion and by a quota assigned to that registrant pur9 suant to section 306 of the Controlled Substances 

10 Act; or 

11 ‘‘(2) in excess of a quota assigned to that reg12 istrant pursuant to section 306. 

13 ‘‘(d) CIVIL PENALTY.— 

14 ‘‘(1)(A) Except as provided in subparagraph 

15 (B) of this paragraph and paragraph (2), whoever 

16 violates this section shall, with respect to any such 

17 violation, be subject to a civil penalty of not more 

18 than $25,000. 

19 ‘‘(B) In the case of a violation of paragraph (5) 

20 or (10) of subsection (a), the civil penalty shall not 

21 exceed $10,000. 

22 ‘‘(2)(A) Whoever knowingly violates this section 

23 shall, except as otherwise provided in subparagraph 

24 (B), be imprisoned not more than one year. 


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1 ‘‘(B) If a violation referred to in subparagraph 

2 (A) was committed after one or more prior convic3 tions of the offender for an offense punishable under 

4 this paragraph (2), or for a crime under any other 

5 provision of any law of the United States relating to 

6 controlled substances, narcotic drugs, marihuana, or 

7 depressant or stimulant substances, have become 

8 final, such person shall be sentenced to a term of 

9 imprisonment of not more than 2 years. 

10 ‘‘(C) In addition to the penalties set forth else11 where in this title, any business that violates para12 graph (11) of subsection (a) shall, with respect to 

13 the first such violation, be subject to a civil penalty 

14 of not more than $250,000, but shall not be subject 

15 to criminal penalties under this section, and shall, 

16 for any succeeding violation, be subject to a civil fine 

17 of not more than $250,000 or double the last pre18 viously imposed penalty, whichever is greater. 

19 ‘‘(3) Except under the conditions specified in 

20 paragraph (2) of this subsection, a violation of this 

21 section does not constitute a crime, and a judgment 

22 for the United States and imposition of a civil pen23 alty pursuant to paragraph (1) shall not give rise to 

24 any disability or legal disadvantage based on convic25 tion for a criminal offense. 


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1 ‘‘§ 410. Additional domestic regulatory offenses 

2 ‘‘(a) GENERALLY.—It shall be unlawful for any per3 son knowingly— 

4 ‘‘(1) as a registrant to distribute a controlled 

5 substance classified in schedule I or II, in the course 

6 of legitimate business, except pursuant to an order 

7 or an order form as required by section 308 of the 

8 Controlled Substances Act; 

9 ‘‘(2) to use in the course of the manufacture, 

10 distribution, or dispensing of a controlled substance, 

11 or to use for the purpose of acquiring or obtaining 

12 a controlled substance, a registration number which 

13 is fictitious, revoked, suspended, expired, or issued 

14 to another person; 

15 ‘‘(3) to acquire or obtain possession of a con16 trolled substance by misrepresentation, fraud, for17 gery, deception, or subterfuge; 

18 ‘‘(4)(A) to furnish false or fraudulent material 

19 information in, or omit any material information 

20 from, any application, report, record, or other docu21 ment required to be made, kept, or filed under this 

22 chapter, the Controlled Substances Act, or the Con23 trolled Substances Import and Export Act; or 

24 ‘‘(B) to present false or fraudulent identifica25 tion where the person is receiving or purchasing a 

26 listed chemical and the person is required to present 


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1 identification under section 310(a) of the Controlled 

2 Substances Act; 

3 ‘‘(5) to make, distribute, or possess any punch, 

4 die, plate, stone, or other thing designed to print, 

5 imprint, or reproduce the trademark, trade name, or 

6 other identifying mark, imprint, or device of another 

7 or any likeness of any of the foregoing upon any 

8 drug or container or labeling thereof so as to render 

9 such drug a counterfeit substance; 

10 ‘‘(6) to possess any three-neck round-bottom 

11 flask, tableting machine, encapsulating machine, or 

12 gelatin capsule, or any equipment, chemical, prod13 uct, or material which may be used to manufacture 

14 a controlled substance or listed chemical, knowing, 

15 intending, or having reasonable cause to believe, that 

16 it will be used to manufacture a controlled substance 

17 or listed chemical in violation of this chapter, the 

18 Controlled Substances Act, or the Controlled Sub19 stances Import and Export Act; 

20 ‘‘(7) to manufacture, distribute, export, or im21 port any three-neck round-bottom flask, tableting 

22 machine, encapsulating machine, or gelatin capsule, 

23 or any equipment, chemical, product, or material 

24 which may be used to manufacture a controlled sub25 stance or listed chemical, knowing, intending, or 


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1 having reasonable cause to believe, that it will be 

2 used to manufacture a controlled substance or listed 

3 chemical in violation of this chapter, the Controlled 

4 Substances Act, or the Controlled Substances Im5 port and Export Act, or, in the case of an expor6 tation, in violation of this chapter, the Controlled 

7 Substances Act, the Controlled Substances Import 

8 and Export Act, or of the laws of the country to 

9 which it is exported; 

10 ‘‘(8) to create a chemical mixture for the pur11 pose of evading a requirement of section 310 of the 

12 Controlled Substances Act or to receive a chemical 

13 mixture created for that purpose; or 

14 ‘‘(9) to distribute, import, or export a list I 

15 chemical without the registration required by the 

16 Controlled Substances Act or the Controlled Sub17 stances Import and Export Act. 

18 ‘‘(b) USE OF COMMUNICATION FACILITY.— 

19 ‘‘(1) It shall be unlawful for any person know20 ingly or intentionally to use any communication fa21 cility in committing or in causing or facilitating the 

22 commission of any felony under this chapter, the 

23 Controlled Substances Act, or the Controlled Sub24 stances Import and Export Act. 


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1 ‘‘(2) Each separate use of a communication fa2 cility shall be a separate offense under this sub3 section. 

4 ‘‘(3) As used in this subsection, the term ‘com5 munication facility’ means any and all public and 

6 private instrumentalities used or useful in the trans7 mission of writing, signs, signals, pictures, or sounds 

8 of all kinds and includes mail, telephone, wire, radio, 

9 and all other means of communication. 

10 ‘‘(c) ADVERTISING.— 

11 ‘‘(1) It shall be unlawful for any person to place 

12 in any newspaper, magazine, handbill, or other pub13 lications, any written advertisement knowing that it 

14 has the purpose of seeking or offering illegally to re15 ceive, buy, or distribute a schedule I controlled sub16 stance. 

17 ‘‘(2) As used in this subsection the term ‘adver18 tisement’ includes such advertisements as those for 

19 a catalog of schedule I controlled substances and 

20 any similar written advertisement that has the pur21 pose of seeking or offering illegally to receive, buy, 

22 or distribute a schedule I controlled substance. The 

23 term ‘advertisement’ does not include material which 

24 merely advocates the use of a similar material, which 

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1 tempt to propose or facilitate an actual transaction 

2 in a schedule I controlled substance. 

3 ‘‘(d) PENALTIES.— 

4 ‘‘(1) Except as provided in paragraph (2), who5 ever knowingly violates this section shall be impris6 oned not more than 4 years; except that if any per7 son commits such a violation after being convicted 

8 for a felony under any law of the United States re9 lating to controlled substances, narcotic drugs, mari10 huana, or depressant or stimulant substances, such 

11 person shall be sentenced to a term of imprisonment 

12 of not more than 8 years. 

13 ‘‘(2) Whoever, with the intent to manufacture 

14 or to facilitate the manufacture of methamphet15 amine, violates paragraph (6) or (7) of subsection 

16 (a), shall be imprisoned not more than 10 years; ex17 cept that if any person commits such a violation 

18 after one or more prior convictions of that persons 

19 for a violation of any law of the United States or 

20 any State relating to controlled substances or listed 

21 chemicals, such person shall be imprisoned not more 

22 than 20 years. 

23 ‘‘(e) INJUNCTION RELATING TO ENGAGING IN

24 TRANSACTIONS.—In addition to any other applicable pen25 alty, any person convicted of a felony violation of this secVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 tion relating to the receipt, distribution, manufacture, ex2 portation, or importation of a listed chemical may be en3 joined from engaging in any transaction involving a listed 

4 chemical for not more than ten years. 

5 ‘‘(f) DECLARATORY AND OTHER RELIEF.— 

6 ‘‘(1) In addition to any penalty provided in this 

7 section, the Attorney General is authorized to com8 mence a civil action for appropriate declaratory or 

9 injunctive relief relating to a violation of this section, 

10 section 406, or section 409. 

11 ‘‘(2) Any action under this subsection may be 

12 brought in the district court of the United States for 

13 the district in which the defendant is located or re14 sides or is doing business. 

15 ‘‘(3) Any order or judgment issued by the court 

16 pursuant to this subsection shall be tailored to re17 strain the violation. 

18 ‘‘(4) The court shall proceed as soon as prac19 ticable to the hearing and determination of such an 

20 action. An action under this subsection is governed 

21 by the Federal Rules of Civil Procedure except that, 

22 if an indictment has been returned against the re23 spondent, discovery is governed by the Federal Rules 

24 of Criminal Procedure. 


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1 ‘‘§ 411. Penalty for simple possession 

2 ‘‘(a) ELEMENTS OF OFFENSE.—It shall be unlawful 

3 for any person knowingly— 

4 ‘‘(1) to possess a controlled substance unless 

5 such substance was obtained directly, or pursuant to 

6 a valid prescription or order, from a practitioner act7 ing in the course of professional practice, or except 

8 as otherwise authorized by this chapter, the Con9 trolled Substances Act, or the Controlled Substances 

10 Import and Export Act; or 

11 ‘‘(2) to possess any list I chemical obtained 

12 pursuant to or under authority of a registration 

13 issued to that person under section 303 of the Con14 trolled Substances Act or section 1008 of the Con15 trolled Substances Import and Export Act, if that 

16 registration has been revoked or suspended, if that 

17 registration has expired, or if the registrant has 

18 ceased to do business in the manner contemplated 

19 by his registration. 

20 ‘‘(b) PUNISHMENT.— 

21 ‘‘(1) GENERALLY.—Whoever violates subsection 

22 (a) shall be imprisoned not more than 1 year, except 

23 that if the offense is after a prior conviction of the 

24 offender under this chapter, the Controlled Sub25 stances Act, or the Controlled Substances Import 

26 and Export Act, or for any drug, narcotic, or chemVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 ical offense chargeable under the law of any State, 

2 the offender shall be imprisoned not less than 15 

3 days nor more than 2 years and if the offense is 

4 after two or more such convictions, the offender 

5 shall be sentenced to a term of imprisonment for not 

6 less than 90 days but not more than 3 years. 

7 ‘‘(2) FLUNITRAZEPAM.—Notwithstanding any 

8 penalty provided in this subsection, any person con9 victed under this subsection for the possession of 

10 flunitrazepam shall be imprisoned for not more than 

11 3 years. The imposition or execution of a minimum 

12 sentence required to be imposed under this sub13 section shall not be suspended or deferred. 

14 ‘‘(3) COSTS.—Further, upon conviction, a per15 son who violates this subsection shall be fined the 

16 reasonable costs of the investigation and prosecution 

17 of the offense, including the costs of prosecution of 

18 an offense as defined in sections 1918 and 1920 of 

19 title 28, except that this sentence does not apply and 

20 a fine under this section need not be imposed if the 

21 court determines the defendant lacks the ability to 

22 pay. 

23 ‘‘(c) DEFINITION.—As used in this section, the term 

24 ‘drug, narcotic, or chemical offense’ means any offense 

25 which proscribes the possession, distribution, manufacVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 ture, cultivation, sale, transfer, or the attempt or con2 spiracy to possess, distribute, manufacture, cultivate, sell 

3 or transfer any substance the possession of which is pro4 hibited under this chapter or the Controlled Substances 

5 Act. 

6 ‘‘§ 412. Civil penalty for possession of small amounts 

7 of certain controlled substances 

8 ‘‘(a) IN GENERAL.—An individual who knowingly 

9 possesses a controlled substance listed in section 401(2) 

10 in violation of section 411 in an amount that, as specified 

11 by regulation of the Attorney General, is a personal use 

12 amount shall be liable to the United States for a civil pen13 alty in an amount not to exceed $10,000. 

14 ‘‘(b) INCOME AND NET ASSETS.—The income and 

15 net assets of an individual shall not be relevant to the de16 termination whether to assess a civil penalty under this 

17 section or to prosecute the individual criminally. However, 

18 in determining the amount of a penalty under this section, 

19 the income and net assets of an individual shall be consid20 ered. 

21 ‘‘(c) PRIOR CONVICTION.—A civil penalty may not be 

22 assessed under this section if the individual previously was 

23 convicted of a Federal or State offense relating to a con24 trolled substance. 


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1 ‘‘(d) LIMITATION ON NUMBER OF ASSESSMENTS.— 

2 A civil penalty may not be assessed on an individual under 

3 this section on more than two separate occasions. 

4 ‘‘(e) ASSESSMENT.—A civil penalty under this section 

5 may be assessed by the Attorney General only by an order 

6 made on the record after opportunity for a hearing in ac7 cordance with section 554 of title 5. The Attorney General 

8 shall provide written notice to the individual who is the 

9 subject of the proposed order informing the individual of 

10 the opportunity to receive such a hearing with respect to 

11 the proposed order. The hearing may be held only if the 

12 individual makes a request for the hearing before the expi13 ration of the 30-day period beginning on the date such 

14 notice is issued. 

15 ‘‘(f) COMPROMISE.—The Attorney General may com16 promise, modify, or remit, with or without conditions, any 

17 civil penalty imposed under this section. 

18 ‘‘(g) JUDICIAL REVIEW.—If the Attorney General 

19 issues an order pursuant to subsection (e) after a hearing 

20 described in such subsection, the individual who is the sub21 ject of the order may, before the expiration of the 30-day 

22 period beginning on the date the order is issued, bring 

23 a civil action in the appropriate district court of the 

24 United States. In such action, the law and the facts of 

25 the violation and the assessment of the civil penalty shall 


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1 be determined de novo, and shall include the right of a 

2 trial by jury, the right to counsel, and the right to confront 

3 witnesses. The facts of the violation shall be proved beyond 

4 a reasonable doubt. 

5 ‘‘(h) CIVIL ACTION.—If an individual does not re6 quest a hearing pursuant to subsection (e) and the Attor7 ney General issues an order pursuant to such subsection, 

8 or if an individual does not under subsection (g) seek judi9 cial review of such an order, the Attorney General may 

10 commence a civil action in any appropriate district court 

11 of the United States for the purpose of recovering the 

12 amount assessed and an amount representing interest at 

13 a rate computed in accordance with section 1961 of title 

14 28. Such interest shall accrue from the expiration of the 

15 30-day period described in subsection (g). In such an ac16 tion, the decision of the Attorney General to issue the 

17 order, and the amount of the penalty assessed by the At18 torney General, shall not be subject to review. 

19 ‘‘(i) LIMITATION.—The Attorney General may not 

20 under this section commence proceeding against an indi21 vidual after the expiration of the 5-year period beginning 

22 on the date on which the individual allegedly violated sub23 section (a). 

24 ‘‘(j) EXPUNGEMENT PROCEDURES.—The Attorney 

25 General shall dismiss the proceedings under this section 


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1 against an individual upon application of such individual 

2 at any time after the expiration of 3 years if— 

3 ‘‘(1) the individual has not previously been as4 sessed a civil penalty under this section; 

5 ‘‘(2) the individual has paid the assessment; 

6 ‘‘(3) the individual has complied with any con7 ditions imposed by the Attorney General; 

8 ‘‘(4) the individual has not been convicted of a 

9 Federal or State offense relating to a controlled sub10 stance; and 

11 ‘‘(5) the individual agrees to submit to a drug 

12 test, and such test shows the individual to be drug 

13 free. 

14 A nonpublic record of a disposition under this subsection 

15 shall be retained by the Department of Justice solely for 

16 the purpose of determining in any subsequent proceeding 

17 whether the person qualified for a civil penalty or 

18 expungement under this section. If a record is expunged 

19 under this subsection, an individual concerning whom such 

20 an expungement has been made shall not be held there21 after under any provision of law to be guilty of perjury, 

22 false swearing, or making a false statement by reason of 

23 his failure to recite or acknowledge a proceeding under 

24 this section or the results thereof in response to an inquiry 

25 made of him for any purpose. 


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1 ‘‘§ 413. Continuing criminal enterprise 

2 ‘‘(a) ENGAGING IN ENTERPRISE.— 

3 ‘‘(1) Whoever engages in a continuing criminal 

4 enterprise shall be imprisoned for any term of years 

5 not less than 20, or for life. 

6 ‘‘(2) If a person engages in such activity after 

7 a prior conviction of that person under this section, 

8 the offender shall be imprisoned any term of years 

9 not less than 30, or for life. 

10 ‘‘(b) AGGRAVATED OFFENSE.—Whoever engages in 

11 a continuing criminal enterprise shall be imprisoned for 

12 life under subsection (a), if— 

13 ‘‘(1) such person is the principal administrator, 

14 organizer, or leader of the enterprise or is one of 

15 several such principal administrators, organizers, or 

16 leaders; and 

17 ‘‘(2)(A) the violation referred to in subsection 

18 (c)(1) involved at least 300 times the quantity of a 

19 substance described in section 401(3); or 

20 ‘‘(B) the enterprise, or any other enterprise in 

21 which the defendant was the principal or one of sev22 eral principal administrators, organizers, or leaders, 

23 received $10 million dollars in gross receipts during 

24 any twelve-month period of its existence for the 

25 manufacture, importation, or distribution of a sub26 stance described in section 401(3). 


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1 ‘‘(c) DEFINITION OF ‘CONTINUING CRIMINAL EN2 TERPRISE’.—For purposes of this section, a ‘continuing 

3 criminal enterprise’ occurs when— 

4 ‘‘(1) a person violates any provision of this 

5 chapter the punishment for which is a felony, and 

6 ‘‘(2) such violation is a part of a continuing se7 ries of violations of this chapter— 

8 ‘‘(A) which are undertaken by such person 

9 in concert with five or more other persons with 

10 respect to whom such person occupies a posi11 tion of organizer, a supervisory position, or any 

12 other position of management, and 

13 ‘‘(B) from which such person obtains sub14 stantial income or resources. 

15 ‘‘(d) SPECIAL RULE FOR SENTENCING.—In the case 

16 of any sentence imposed under this section, imposition or 

17 execution of such sentence shall not be suspended, proba18 tion shall not be granted, and the Act of July 15, 1932 

19 (D.C. Code, secs. 24–203—24–207), does not apply. 

20 ‘‘(e) DEATH PENALTY.— 

21 ‘‘(1) In addition to the other penalties set forth 

22 in this section, whoever— 

23 ‘‘(A) while engaging in or working in fur24 therance of a continuing criminal enterprise, or 

25 engaging in an offense punishable under section 


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1 403(a) intentionally kills or counsels, com2 mands, induces, procures, or causes the inten3 tional killing of an individual and such killing 

4 results; and 

5 ‘‘(B) during the commission of, in further6 ance of, or while attempting to avoid apprehen7 sion, prosecution or service of a prison sentence 

8 for, a felony violation of this chapter inten9 tionally kills or counsels, commands, induces, 

10 procures, or causes the intentional killing of 

11 any Federal, State, or local law enforcement of12 ficer engaged in, or on account of, the perform13 ance of such officer’s official duties and such 

14 killing results; 

15 shall be imprisoned any term of year not less than 

16 20, or for life, or may be sentenced to death. 

17 ‘‘(2) As used in paragraph (1)(B), the term 

18 ‘law enforcement officer’ means a public servant au19 thorized by law to conduct or engage in the preven20 tion, investigation, prosecution or adjudication of an 

21 offense, and includes those engaged in corrections, 

22 probation, or parole functions. 

23 ‘‘§ 414. Drug paraphernalia 

24 ‘‘(a) OFFENSE.—Whoever— 

25 ‘‘(1) sells or offers for sale drug paraphernalia; 


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1 ‘‘(2) uses a facility of interstate or foreign com2 merce to transport drug paraphernalia; or 

3 ‘‘(3) imports or exports drug paraphernalia; 

4 shall be imprisoned not more than three years. 

5 ‘‘(b) DEFINITION.—The term ‘drug paraphernalia’ 

6 means any equipment, product, or material of any kind 

7 which is primarily intended or designed for use in manu8 facturing, compounding, converting, concealing, pro9 ducing, processing, preparing, injecting, ingesting, inhal10 ing, or otherwise introducing into the human body a con11 trolled substance, possession of which is unlawful under 

12 this chapter or the Controlled Substances Act. It includes 

13 items primarily intended or designed for use in ingesting, 

14 inhaling, or otherwise introducing marijuana, cocaine, 

15 hashish, hashish oil, PCP, methamphetamine, or amphet16 amines into the human body, such as— 

17 ‘‘(1) metal, wooden, acrylic, glass, stone, plas18 tic, or ceramic pipes with or without screens, perma19 nent screens, hashish heads, or punctured metal 

20 bowls; 

21 ‘‘(2) water pipes; 

22 ‘‘(3) carburetion tubes and devices; 

23 ‘‘(4) smoking and carburetion masks; 

24 ‘‘(5) roach clips: meaning objects used to hold 

25 burning material, such as a marihuana cigarette, 


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1 that has become too small or too short to be held 

2 in the hand; 

3 ‘‘(6) miniature spoons with level capacities of 

4 one-tenth cubic centimeter or less; 

5 ‘‘(7) chamber pipes; 

6 ‘‘(8) carburetor pipes; 

7 ‘‘(9) electric pipes; 

8 ‘‘(10) air-driven pipes; 

9 ‘‘(11) chillums; 

10 ‘‘(12) bongs; 

11 ‘‘(13) ice pipes or chillers; 

12 ‘‘(14) wired cigarette papers; or 

13 ‘‘(15) cocaine freebase kits. 

14 ‘‘(c) FACTORS WHICH MAY BE CONSIDERED.—In 

15 determining whether an item constitutes drug para16 phernalia, in addition to all other logically relevant factors, 

17 the following may be considered: 

18 ‘‘(1) Instructions, oral or written, provided with 

19 the item concerning its use. 

20 ‘‘(2) Descriptive materials accompanying the 

21 item which explain or depict its use. 

22 ‘‘(3) National and local advertising concerning 

23 its use. 

24 ‘‘(4) The manner in which the item is displayed 

25 for sale. 


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1 ‘‘(5) Whether the owner, or anyone in control 

2 of the item, is a legitimate supplier of like or related 

3 items to the community, such as a licensed dis4 tributor or dealer of tobacco products. 

5 ‘‘(6) Direct or circumstantial evidence of the 

6 radio of sales of the item to the total sales of the 

7 business enterprise. 

8 ‘‘(7) The existence and scope of legitimate uses 

9 of the item in the community. 

10 ‘‘(8) Expert testimony concerning its use. 

11 ‘‘(d) EXCLUSIONS.—This section does not apply to— 

12 ‘‘(1) any person authorized by local, State, or 

13 Federal law to manufacture, possess, or distribute 

14 such items; or 

15 ‘‘(2) any item that, in the normal lawful course 

16 of business, is imported, exported, transported, or 

17 sold through the mail or by any other means, and 

18 traditionally intended for use with tobacco products, 

19 including any pipe, paper, or accessory. 

20 ‘‘§ 415. Proceedings to establish prior convictions 

21 ‘‘(a) FILING OF INFORMATION.— 

22 ‘‘(1) No person who is convicted of an offense 

23 under this chapter shall be sentenced to increased 

24 punishment by reason of one or more prior convic25 tions, unless before trial, or before entry of a plea 


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1 of guilty, the United States attorney files an infor2 mation with the court (and serves a copy of such in3 formation on the person or counsel for the person) 

4 stating in writing the previous convictions to be re5 lied upon. Upon a showing by the United States at6 torney that facts regarding prior convictions could 

7 not with due diligence be obtained prior to trial or 

8 before entry of a plea of guilty, the court may post9 pone the trial or the taking of the plea of guilty for 

10 a reasonable period for the purpose of obtaining 

11 such facts. Clerical mistakes in the information may 

12 be amended at any time prior to the pronouncement 

13 of sentence. 

14 ‘‘(2) An information may not be filed under this 

15 section if the increased punishment which may be 

16 imposed is imprisonment for a term in excess of 

17 three years unless the person either waived or was 

18 afforded prosecution by indictment for the offense 

19 for which such increased punishment may be im20 posed. 

21 ‘‘(b) AFFIRMATION OR DENIAL OF PREVIOUS CON22 VICTION.—If the United States attorney files an informa23 tion under this section, the court shall after conviction but 

24 before pronouncement of sentence inquire of the person 

25 with respect to whom the information was filed whether 


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1 he affirms or denies that he has been previously convicted 

2 as alleged in the information, and shall inform him that 

3 any challenge to a prior conviction which is not made be4 fore sentence is imposed may not thereafter be raised to 

5 attack the sentence. 

6 ‘‘(c) DENIAL, WRITTEN RESPONSE, AND HEAR7 ING.— 

8 ‘‘(1) If the person denies any allegation of the 

9 information of prior conviction, or claims that any 

10 conviction alleged is invalid, he shall file a written 

11 response to the information. A copy of the response 

12 shall be served upon the United States attorney. The 

13 court shall hold a hearing to determine any issues 

14 raised by the response which would except the per15 son from increased punishment. The failure of the 

16 United States attorney to include in the information 

17 the complete criminal record of the person or any 

18 facts in addition to the convictions to be relied upon 

19 shall not constitute grounds for invalidating the no20 tice given in the information required by subsection 

21 (a)(1). The hearing shall be before the court without 

22 a jury and either party may introduce evidence. Ex23 cept as otherwise provided in paragraph (2) of this 

24 subsection, the United States attorney shall have the 

25 burden of proof beyond a reasonable doubt on any 


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1 issue of fact. At the request of either party, the 

2 court shall enter findings of fact and conclusions of 

3 law. 

4 ‘‘(2) A person claiming that a conviction alleged 

5 in the information was obtained in violation of the 

6 Constitution of the United States shall set forth his 

7 claim, and the factual basis therefor, with particu8 larity in his response to the information. The person 

9 shall have the burden of proof by a preponderance 

10 of the evidence on any issue of fact raised by the re11 sponse. Any challenge to a prior conviction, not 

12 raised by response to the information before an in13 creased sentence is imposed in reliance thereon, shall 

14 be waived unless good cause be shown for failure to 

15 make a timely challenge. 

16 ‘‘(d) IMPOSITION OF SENTENCE.— 

17 ‘‘(1) If the person files no response to the infor18 mation, or if the court determines, after hearing, 

19 that the person is subject to increased punishment 

20 by reason of prior convictions, the court shall pro21 ceed to impose sentence upon him as provided by 

22 this part. 

23 ‘‘(2) If the court determines that the person 

24 has not been convicted as alleged in the information, 

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1 valid, or that the person is otherwise not subject to 

2 an increased sentence as a matter of law, the court 

3 shall, at the request of the United States attorney, 

4 postpone sentence to allow an appeal from that de5 termination. If no such request is made, the court 

6 shall impose sentence as provided by this part. The 

7 person may appeal from an order postponing sen8 tence as if sentence had been pronounced and a final 

9 judgment of conviction entered. 

10 ‘‘(e) CHALLENGES OF VALIDITY OF PRIOR CONVIC11 TIONS.—No person who is convicted of an offense under 

12 this chapter may challenge the validity of any prior convic13 tion alleged under this section which occurred more than 

14 five years before the date of the information alleging such 

15 prior conviction. 

16 ‘‘§ 416. Anhydrous ammonia 

17 ‘‘(a) IN GENERAL.—It is unlawful for any person— 

18 ‘‘(1) to steal anhydrous ammonia, or 

19 ‘‘(2) to transport stolen anhydrous ammonia 

20 across State lines, 

21 knowing, intending, or having reasonable cause to believe 

22 that such anhydrous ammonia will be used to manufacture 

23 a controlled substance in violation of this part. 

24 ‘‘(b) PUNISHMENT.—Whoever violates subsection (a) 

25 shall be imprisoned in accordance with section 410(d) as 


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1 if such violation were a violation of a provision of section 

2 410. 

3 ‘‘§ 417. Controlled substances import and export list4 ed chemical offenses 

5 ‘‘Whoever knowingly— 

6 ‘‘(1) imports or exports a listed chemical with 

7 intent to manufacture a controlled substance in vio8 lation of this chapter, the Controlled Substances 

9 Act, or the Controlled Substances Import and Ex10 port Act; 

11 ‘‘(2) exports a listed chemical in violation of the 

12 laws of the country to which the chemical is ex13 ported or serves as a broker or trader for an inter14 national transaction involving a listed chemical, if 

15 the transaction is in violation of the laws of the 

16 country to which the chemical is exported; 

17 ‘‘(3) imports or exports a listed chemical know18 ing, or having reasonable cause to believe, that the 

19 chemical will be used to manufacture a controlled 

20 substance in violation of this chapter, the Controlled 

21 Substances Act, or the Controlled Substances Im22 port or Export Act; 

23 ‘‘(4) exports a listed chemical, or serves as a 

24 broker or trader for an international transaction in25 volving a listed chemical, knowing, or having reasonVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 able cause to believe, that the chemical will be used 

2 to manufacture a controlled substance in violation of 

3 the laws of the country to which the chemical is ex4 ported; 

5 ‘‘(5) imports or exports a listed chemical, with 

6 the intent to evade the reporting or recordkeeping 

7 requirements of section 1018 applicable to such im8 portation or exportation by falsely representing to 

9 the Attorney General that the importation or expor10 tation qualifies for a waiver of the 15-day notifica11 tion requirement granted pursuant to section 

12 1018(e) (2) or (3) of the Controlled Substances Im13 port and Export Act by misrepresenting the actual 

14 country of final destination of the listed chemical or 

15 the actual listed chemical being imported or ex16 ported; 

17 ‘‘(6) imports or exports a listed chemical in vio18 lation of section 1007 or 1018 of the Controlled 

19 Substances Import and Export Act; or 

20 ‘‘(7) manufactures, possesses with intent to dis21 tribute, or distributes a listed chemical in violation 

22 of section 1009 of the Controlled Substances Import 

23 and Export Act; 

24 shall be imprisoned not more than 20 years in the case 

25 of a violation of paragraph (1) or (3) involving a list I 


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1 chemical or not more than 10 years in the case of a viola2 tion of this subsection other than a violation of paragraph 

3 (1) or (3) involving a list I chemical, or both. 

4 ‘‘§ 418. Prohibited Acts related to foreign terrorist or5 ganizations or terrorist persons and 

6 groups 

7 ‘‘(a) OFFENSE.—Whoever, as made applicable in sub8 section (b), engages in conduct that would be punishable 

9 under section 402(1) or 402(2) if committed within the 

10 jurisdiction of the United States, knowing or intending to 

11 provide, directly or indirectly, anything of pecuniary value 

12 to any person or organization that has engaged or engages 

13 in terrorist activity (as defined in section 212(a)(3)(B) of 

14 the Immigration and Nationality Act) or terrorism (as de15 fined in section 140(d)(2) of the Foreign Relations Au16 thorization Act, Fiscal Years 1988 and 1989), shall be 

17 sentenced to a term of imprisonment of not less than twice 

18 the minimum punishment under section 403, and not 

19 more than life. Notwithstanding section 3583, any sen20 tence imposed under this subsection shall include a term 

21 of supervised release of at least 5 years in addition to such 

22 term of imprisonment. 

23 ‘‘(b) APPLICABILITY.—The conduct described in sub24 section (a) is an offense if— 


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1 ‘‘(1) the prohibited drug activity or the terrorist 

2 offense is in violation of the criminal laws of the 

3 United States; 

4 ‘‘(2) the offense, the prohibited drug activity, or 

5 the terrorist offense occurs in or affects interstate or 

6 foreign commerce; 

7 ‘‘(3) an offender provides anything of pecuniary 

8 value for a terrorist offense that causes or is de9 signed to cause death or serious bodily injury to a 

10 national of the United States while that national is 

11 outside the United States, or substantial damage to 

12 the property of a legal entity organized under the 

13 laws of the United States (including any of its 

14 States, districts, commonwealths, territories, or pos15 sessions) while that property is outside of the United 

16 States; 

17 ‘‘(4) the offense or the prohibited drug activity 

18 occurs in whole or in part outside of the United 

19 States (including on the high seas), and a perpe20 trator of the offense or the prohibited drug activity 

21 is a national of the United States or a legal entity 

22 organized under the laws of the United States (in23 cluding any of its States, districts, commonwealths, 

24 territories, or possessions); or 


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1 ‘‘(5) after the conduct required for the offense 

2 occurs an offender is brought into or found in the 

3 United States, even if the conduct required for the 

4 offense occurs outside the United States. 

5 ‘‘(c) PROOF REQUIREMENTS.—To violate subsection 

6 (a), a person must have knowledge that the person or or7 ganization has engaged or engages in terrorist activity (as 

8 defined in section 212(a)(3)(B) of the Immigration and 

9 Nationality Act) or terrorism (as defined in section 

10 140(d)(2) of the Foreign Relations Authorization Act, Fis11 cal Years 1988 and 1989). 

12 ‘‘(d) DEFINITION.—As used in this section, the term 

13 ‘anything of pecuniary value’ has the meaning given the 

14 term in section 506. 

15 ‘‘§ 419. Offenses involving the Internet 

16 ‘‘(a) INTERNET SALES OF DATE RAPE DRUGS.— 

17 ‘‘(1) Whoever knowingly uses the Internet to 

18 distribute a date rape drug to any person, knowing 

19 or with reasonable cause to believe that— 

20 ‘‘(A) the drug would be used in the com21 mission of criminal sexual conduct; or 

22 ‘‘(B) the person is not an authorized pur23 chaser; 

24 shall be imprisoned not more than 20 years. 

25 ‘‘(2) As used in this subsection: 


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1 ‘‘(A) The term ‘date rape drug’ means— 

2 ‘‘(i) gamma hydroxybutyric acid 

3 (GHB) or any controlled substance ana4 logue of GHB, including gamma butyro5 lactone (GBL) or 1,4-butanediol; 

6 ‘‘(ii) ketamine; 

7 ‘‘(iii) flunitrazepam; or 

8 ‘‘(iv) any substance which the Attor9 ney General designates, pursuant to the 

10 rulemaking procedures prescribed by sec11 tion 553 of title 5, to be used in commit12 ting rape or sexual assault. 

13 The Attorney General is authorized to remove 

14 any substance from the list of date rape drugs 

15 pursuant to the same rulemaking authority. 

16 ‘‘(B) The term ‘authorized purchaser’ 

17 means any of the following persons, provided 

18 such person has acquired the controlled sub19 stance in accordance with this chapter: 

20 ‘‘(i) A person with a valid prescription 

21 that is issued for a legitimate medical pur22 pose in the usual course of professional 

23 practice that is based upon a qualifying 

24 medical relationship by a practitioner reg25 istered by the Attorney General. A ‘qualiVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 fying medical relationship’ means a med2 ical relationship that exists when the prac3 titioner has conducted at least 1 medical 

4 evaluation with the authorized purchaser 

5 in the physical presence of the practitioner, 

6 without regard to whether portions of the 

7 evaluation are conducted by other heath 

8 professionals. The preceding sentence shall 

9 not be construed to imply that 1 medical 

10 evaluation demonstrates that a prescription 

11 has been issued for a legitimate medical 

12 purpose within the usual course of profes13 sional practice. 

14 ‘‘(ii) Any practitioner or other reg15 istrant who is otherwise authorized by 

16 their registration to dispense, procure, pur17 chase, manufacture, transfer, distribute, 

18 import, or export the substance under this 

19 chapter. 

20 ‘‘(iii) A person or entity providing 

21 documentation that establishes the name, 

22 address, and business of the person or en23 tity and which provides a legitimate pur24 pose for using any ‘date rape drug’ for 

25 which a prescription is not required. 


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1 ‘‘(3) The Attorney General is authorized to pro2 mulgate regulations for record-keeping and reporting 

3 by persons handling 1,4-butanediol in order to im4 plement and enforce the provisions of this section. 

5 Any record or report required by such regulations 

6 shall be considered a record or report required under 

7 this chapter. 

8 ‘‘(b) OFFENSES INVOLVING DISPENSING OF CON9 TROLLED SUBSTANCES BY MEANS OF THE INTERNET.— 

10 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

11 person to knowingly or intentionally— 

12 ‘‘(A) deliver, distribute, or dispense a con13 trolled substance by means of the Internet, ex14 cept as authorized by this subchapter; or 

15 ‘‘(B) aid or abet any activity described in 

16 subparagraph (A) that is not authorized by this 

17 subchapter. 

18 ‘‘(2) EXAMPLES.—Examples of activities that 

19 violate paragraph (1) include, but are not limited to, 

20 knowingly or intentionally— 

21 ‘‘(A) delivering, distributing, or dispensing 

22 a controlled substance by means of the Internet 

23 by an online pharmacy that is not validly reg24 istered with a modification authorizing such ac25 tivity as required by section 823(f) of the ConVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 trolled Substances Act (unless exempt from 

2 such registration); 

3 ‘‘(B) writing a prescription for a controlled 

4 substance for the purpose of delivery, distribu5 tion, or dispensation by means of the Internet 

6 in violation of section 829(e) of the Controlled 

7 Substances Act; 

8 ‘‘(C) serving as an agent, intermediary, or 

9 other entity that causes the Internet to be used 

10 to bring together a buyer and seller to engage 

11 in the dispensing of a controlled substance in a 

12 manner not authorized by section 823(f) or 

13 829(e) of the Controlled Substances Act; 

14 ‘‘(D) offering to fill a prescription for a 

15 controlled substance based solely on a con16 sumer’s completion of an online medical ques17 tionnaire; and 

18 ‘‘(E) making a material false, fictitious, or 

19 fraudulent statement or representation in a no20 tification or declaration under subsection (d) or 

21 (e), respectively, of section 831 of the Con22 trolled Substances Act. 

23 ‘‘(3) INAPPLICABILITY.— 

24 ‘‘(A) This subsection does not apply to— 


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1 ‘‘(i) the delivery, distribution, or dis2 pensation of controlled substances by non3 practitioners to the extent authorized by 

4 their registration under this subchapter; 

5 ‘‘(ii) the placement on the Internet of 

6 material that merely advocates the use of 

7 a controlled substance or includes pricing 

8 information without attempting to propose 

9 or facilitate an actual transaction involving 

10 a controlled substance; or 

11 ‘‘(iii) except as provided in subpara12 graph (B), any activity that is limited to— 

13 ‘‘(I) the provision of a tele14 communications service, or of an 

15 Internet access service or Internet in16 formation location tool (as those 

17 terms are defined in section 231 of 

18 title 47); or 

19 ‘‘(II) the transmission, storage, 

20 retrieval, hosting, formatting, or 

21 translation (or any combination there22 of) of a communication, without selec23 tion or alteration of the content of the 

24 communication, except that deletion of 

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1 rial made by another person in a man2 ner consistent with section 230(c) of 

3 title 47 does not constitute such selec4 tion or alteration of the content of the 

5 communication. 

6 ‘‘(B) The exceptions under subclauses (I) 

7 and (II) of subparagraph (A)(iii) do not apply 

8 to a person acting in concert with a person who 

9 violates paragraph (1). 

10 ‘‘(4) KNOWING OR INTENTIONAL VIOLATION.— 

11 Any person who knowingly or intentionally violates 

12 this subsection shall be sentenced in accordance with 

13 section 403. 

14 ‘‘CHAPTER 19—ORGANIZED CRIME 

‘‘Subchapter 

‘‘A. Racketeering 

‘‘B. Racketeer influenced and corrupt organizations 

‘‘C. Criminal street gangs 

15 ‘‘SUBCHAPTER A—RACKETEERING 

‘‘501. Interference with commerce by threats or violence. 

‘‘502. Interstate and foreign travel or transportation in aid of racketeering enterprises. 

‘‘503. Interstate transportation of wagering paraphernalia. 

‘‘504. Offer, acceptance, or solicitation to influence operations of employee benefit plan. 

‘‘505. Prohibition of illegal gambling businesses. 

‘‘506. Use of interstate commerce facilities in the Commission of murder-forhire. 

‘‘507. Violent crimes in aid of racketeering activity. 

‘‘508. Prohibition of unlicensed money transmitting businesses. 


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1 ‘‘§ 501. Interference with commerce by threats or vio2 lence 

3 ‘‘(a) OFFENSE.—Whoever affects interstate or for4 eign commerce, by robbery or extortion or commits or 

5 threatens physical violence to any person or property in 

6 furtherance of a plan or purpose to do anything in viola7 tion of this section shall be imprisoned not more than 20 

8 years. 

9 ‘‘(b) DEFINITIONS.—As used in this section— 

10 ‘‘(1) The term ‘robbery’ means the unlawful 

11 taking or obtaining of personal property from the 

12 person or presence of another, against his will, by 

13 means of actual or threatened force, or violence, or 

14 fear of injury, immediate or future, to his person or 

15 property, or property in his custody or possession, or 

16 the person or property of a relative or member of his 

17 family or of anyone in his company at the time of 

18 the taking or obtaining. 

19 ‘‘(2) The term ‘extortion’ means the obtaining 

20 of property from another, with his consent, induced 

21 by wrongful use of actual or threatened force, vio22 lence, or fear, or under color of official right. 

23 ‘‘(c) EXCLUSIONS.—This section does not repeal, 

24 modify, or affect section 6 or 20 of the Clayton Act, the 

25 Act of March 23, 1932 (47 Stat. 70) (commonly known 


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1 as the Norris-LaGuardia Act), the Labor Management Re2 lations Act, 1947, or the Railway Labor Act. 

3 ‘‘§ 502. Interstate and foreign travel or transportation 

4 in aid of racketeering enterprises 

5 ‘‘(a) ELEMENTS OF OFFENSE.—Whoever travels in 

6 interstate or foreign commerce or uses the mail or any 

7 facility in interstate or foreign commerce, with intent to— 

8 ‘‘(1) distribute the proceeds of any unlawful ac9 tivity; 

10 ‘‘(2) commit any crime of violence to further 

11 any unlawful activity; or 

12 ‘‘(3) otherwise promote, manage, establish, 

13 carry on, or facilitate the promotion, management, 

14 establishment, or carrying on, of any unlawful activ15 ity; 

16 and thereafter performs or attempts to engage in the con17 duct so intended shall be punished as provided in sub18 sections (b) and (c). 

19 ‘‘(b) PUNISHMENT IN GENERAL.—The punishment 

20 for an offense under subsection (a)— 

21 ‘‘(1) with respect to conduct described in sub22 paragraph (A) or (C) is imprisonment for not more 

23 than 5 years; or 

24 ‘‘(2) with respect to conduct described in sub25 paragraph (B) is imprisonment for not more than 


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1 20 years, but if death results the imprisonment shall 

2 be for any term of years or for life. 

3 ‘‘(c) PUNISHMENT FOR CERTAIN OFFENSES.—It the 

4 offense under this section involves an act described in 

5 paragraph (1) or (3) of subsection (a) and also involves 

6 a pre-retail medical product (as defined in section 657), 

7 the punishment for the offense shall be the same as the 

8 punishment provided for an offense under section 657, un9 less the penalties provided for under this section are great10 er. 

11 ‘‘(d) DEFINITIONS.—As used in this section the term 

12 ‘unlawful activity’ means— 

13 ‘‘(1) any business enterprise involving gam14 bling, liquor on which the Federal excise tax has not 

15 been paid, narcotics or controlled substances, or 

16 prostitution offenses in violation of the laws of the 

17 State in which they are committed or of the United 

18 States; 

19 ‘‘(2) extortion, bribery, or arson in violation of 

20 the laws of the State in which committed or of the 

21 United States; or 

22 ‘‘(3) any act which is indictable under sub23 chapter II of chapter 53 of title 31, or under section 

24 1451 or 1452. 


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1 ‘‘§ 503. Interstate transportation of wagering para2 phernalia 

3 ‘‘(a) OFFENSE.—Whoever, except a common carrier 

4 in the usual course of its business, knowingly carries or 

5 sends in interstate or foreign commerce any device to be 

6 used— 

7 ‘‘(1) bookmaking; 

8 ‘‘(2) wagering pools with respect to a sporting 

9 event; or 

10 ‘‘(3) in a numbers, policy, bolita, or similar 

11 game; 

12 shall be imprisoned for not more than five years. 

13 ‘‘(b) EXCLUSION.—This section does not apply to— 

14 ‘‘(1) parimutuel betting equipment, parimutuel 

15 tickets where legally acquired, or parimutuel mate16 rials used or designed for use at racetracks or other 

17 sporting events in connection with which betting is 

18 legal under applicable State law; 

19 ‘‘(2) the transportation of betting materials to 

20 be used in the placing of bets or wagers on a sport21 ing event into a State in which such betting is legal 

22 under the statutes of that State; 

23 ‘‘(3) the carriage or transportation in interstate 

24 or foreign commerce of any newspaper or similar 

25 publication; 


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1 ‘‘(4) equipment, tickets, or materials used or 

2 designed for use within a State in a lottery con3 ducted by that State acting under authority of State 

4 law; or 

5 ‘‘(5) the transportation in foreign commerce to 

6 a destination in a foreign country of equipment, 

7 tickets, or materials designed to be used within that 

8 foreign country in a lottery which is authorized by 

9 the laws of that foreign country. 

10 ‘‘(c) EFFECT ON STATE PROSECUTIONS.—Nothing in 

11 this section creates immunity from criminal prosecution 

12 under any laws of a State. 

13 ‘‘(d) DEFINITIONS.—As used in this section— 

14 ‘‘(1) the term ‘foreign country’ means any em15 pire, country, dominion, colony, or protectorate, or 

16 any subdivision thereof (other than the United 

17 States, its territories or possessions); and 

18 ‘‘(2) the term ‘lottery’ means the pooling of 

19 proceeds derived from the sale of tickets or chances 

20 and allotting those proceeds or parts thereof by 

21 chance to one or more chance takers or ticket pur22 chasers, but does not include the placing or accept23 ing of bets or wagers on sporting events or contests. 


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1 ‘‘§ 504. Offer, acceptance, or solicitation to influence 

2 operations of employee benefit plan 

3 ‘‘(a) OFFENSE.—Whoever, being— 

4 ‘‘(1) an administrator, officer, trustee, custo5 dian, counsel, agent, or employee of any employee 

6 welfare benefit plan or employee pension benefit 

7 plan; 

8 ‘‘(2) an officer, counsel, agent, or employee of 

9 an employer or an employer any of whose employees 

10 are covered by such plan; 

11 ‘‘(3) an officer, counsel, agent, or employee of 

12 an employee organization any of whose members are 

13 covered by such plan; or 

14 ‘‘(4) a person who, or an officer, counsel, agent, 

15 or employee of an organization which, provides ben16 efit plan services to such plan; 

17 receives or agrees to receive or solicits anything of value 

18 because of or with intent to be influenced with respect to, 

19 any of the actions, decisions, or other duties relating to 

20 any question or matter concerning such plan or any person 

21 who directly or indirectly gives or offers, or promises to 

22 give or offer, anything prohibited by this section shall be 

23 imprisoned not more than three years. 

24 ‘‘(b) EXCLUSION.—This section does not prohibit the 

25 payment to or acceptance by any person of bona fide sal26 ary, compensation, or other payments made for goods or 


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1 facilities actually furnished or for services actually per2 formed in the regular course of his duties as such person, 

3 administrator, officer, trustee, custodian, counsel, agent, 

4 or employee of such plan, employer, employee organiza5 tion, or organization providing benefit plan services to 

6 such plan. 

7 ‘‘(c) DEFINITIONS.—As used in this section— 

8 ‘‘(1) the term ‘any employee welfare benefit 

9 plan’ or ‘employee pension benefit plan’ means any 

10 employee welfare benefit plan or employee pension 

11 benefit plan, respectively, subject to any provision of 

12 title I of the Employee Retirement Income Security 

13 Act of 1974; and 

14 ‘‘(2) the term ‘employee organization’ and ‘ad15 ministrator’ have the meanings given those terms, 

16 respectively, in sections 3(4) and (3)(16) of the Em17 ployee Retirement Income Security Act of 1974. 

18 ‘‘§ 505. Prohibition of illegal gambling businesses 

19 ‘‘(a) OFFENSE.—Whoever conducts, finances, man20 ages, supervises, directs, or owns all or part of an illegal 

21 gambling business shall be imprisoned not more than five 

22 years. 

23 ‘‘(b) DEFINITIONS.—As used in this section— 

24 ‘‘(1) the term ‘illegal gambling business’ means 

25 a gambling business which— 


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1 ‘‘(A) is a violation of the law of a State or 

2 political subdivision in which it is conducted; 

3 ‘‘(B) involves five or more persons who 

4 conduct, finance, manage, supervise, direct, or 

5 own all or part of such business; and 

6 ‘‘(C) has been or remains in substantially 

7 continuous operation for a period in excess of 

8 30 days or has a gross revenue of $2,000 in 

9 any single day; 

10 ‘‘(2) the term ‘gambling’ includes pool-selling, 

11 bookmaking, maintaining slot machines, roulette 

12 wheels or dice tables, and conducting lotteries, pol13 icy, bolita or numbers games, or selling chances 

14 therein. 

15 ‘‘(c) ESTABLISHMENT OF PROBABLE CAUSE.—If five 

16 or more persons conduct, finance, manage, supervise, di17 rect, or own all or part of a gambling business and such 

18 business operates for two or more successive days, then, 

19 for the purpose of obtaining warrants for arrests, intercep20 tions, and other searches and seizures, probable cause that 

21 the business receives gross revenue in excess of $2,000 in 

22 any single day shall be deemed to have been established. 

23 ‘‘(d) EXCLUSION.—This section does not apply to any 

24 bingo game, lottery, or similar game of chance conducted 

25 by an organization exempt from tax under paragraph (3) 


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1 of subsection (c) of section 501 of the Internal Revenue 

2 Code of 1986, as amended, if no part of the gross receipts 

3 derived from such activity inures to the benefits of any 

4 private shareholder, member, or employee of such organi5 zation except as compensation for actual expenses in6 curred by him in the conduct of such activity. 

7 ‘‘§ 506. Use of interstate commerce facilities in the 

8 Commission of murder-for-hire 

9 ‘‘(a) OFFENSE.—Whoever travels in or causes an10 other (including the intended victim) to travel in interstate 

11 or foreign commerce, or uses or causes another (including 

12 the intended victim) to use the mail or any facility of inter13 state or foreign commerce, with intent that a murder be 

14 committed in violation of the laws of any State or the 

15 United States as consideration for the receipt of, or as 

16 consideration for a promise or agreement to pay, anything 

17 of pecuniary value shall be imprisoned for not more than 

18 ten years; and if personal injury results, shall be impris19 oned for not more than twenty years, and if death results, 

20 shall be punished by death or life imprisonment. 

21 ‘‘(b) DEFINITION.—As used in this section and sec22 tion 507, the term ‘anything of pecuniary value’ means 

23 anything of value in the form of money, a negotiable in24 strument, a commercial interest, or anything else the pri25 mary significance of which is economic advantage. 


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1 ‘‘§ 507. Violent crimes in aid of racketeering activity 

2 ‘‘(a) OFFENSE.—Whoever, as consideration for the 

3 receipt of, or as consideration for a promise or agreement 

4 to pay, anything of pecuniary value from an enterprise en5 gaged in racketeering activity, or for the purpose of gain6 ing entrance to or maintaining or increasing position in 

7 an enterprise engaged in racketeering activity, murders, 

8 kidnaps, maims, assaults with a dangerous weapon, com9 mits assault resulting in serious bodily injury upon, or 

10 threatens to commit a crime of violence against any indi11 vidual in violation of the laws of any State or the United 

12 States shall be punished— 

13 ‘‘(1) for murder, by death or life imprisonment; 

14 and for kidnapping, by imprisonment for any term 

15 of years or for life; 

16 ‘‘(2) for maiming, by imprisonment for not 

17 more than thirty years; 

18 ‘‘(3) for assault with a dangerous weapon or as19 sault resulting in serious bodily injury, by imprison20 ment for not more than twenty years; 

21 ‘‘(4) for threatening to commit a crime of vio22 lence, by imprisonment for not more than five years; 

23 ‘‘(5) for attempting or conspiring to commit 

24 murder or kidnapping, by imprisonment for not 

25 more than ten years; and 


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1 ‘‘(6) for attempting or conspiring to commit a 

2 crime involving maiming, assault with a dangerous 

3 weapon, or assault resulting in serious bodily injury, 

4 by imprisonment for not more than three years. 

5 ‘‘(b) DEFINITIONS.—As used in this section— 

6 ‘‘(1) the term ‘racketeering activity’ has the 

7 meaning set forth in section 511; and 

8 ‘‘(2) the term ‘enterprise’ includes any partner9 ship, corporation, association, or other legal entity, 

10 and any union or group of individuals associated in 

11 fact although not a legal entity, which is engaged in, 

12 or the activities of which affect, interstate or foreign 

13 commerce. 

14 ‘‘§ 508. Prohibition of unlicensed money transmitting 

15 businesses 

16 ‘‘(a) OFFENSE.—Whoever knowingly conducts, con17 trols, manages, supervises, directs, or owns all or part of 

18 an unlicensed money transmitting business, shall be im19 prisoned not more than 5 years. 

20 ‘‘(b) DEFINITION.—As used in this section— 

21 ‘‘(1) the term ‘unlicensed money transmitting 

22 business’ means a money transmitting business 

23 which affects interstate or foreign commerce in any 

24 manner or degree and— 


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1 ‘‘(A) is operated without an appropriate 

2 money transmitting license in a State where 

3 such operation is punishable as a misdemeanor 

4 or a felony under State law, whether or not the 

5 defendant knew that the operation was required 

6 to be licensed or that the operation was so pun7 ishable; 

8 ‘‘(B) fails to comply with the money trans9 mitting business registration requirements 

10 under section 5330 of title 31, or regulations 

11 prescribed under such section; or 

12 ‘‘(C) otherwise involves the transportation 

13 or transmission of funds that are known to the 

14 defendant to have been derived from a criminal 

15 offense or are intended to be used to promote 

16 or support unlawful activity; and 

17 ‘‘(2) the term ‘money transmitting’ includes 

18 transferring funds on behalf of the public by any 

19 and all means including but not limited to transfers 

20 within this country or to locations abroad by wire, 

21 check, draft, facsimile, or courier. 

22 ‘‘SUBCHAPTER B—RACKETEER INFLUENCED 

23 AND CORRUPT ORGANIZATIONS 

‘‘511. Definitions. 

‘‘512. Prohibited activities. 

‘‘513. Criminal penalties. 

‘‘514. Civil remedies. 

‘‘515. Venue and process. 


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‘‘516. Expedition of actions. 

‘‘517. Evidence. 

‘‘518. Civil investigative demand. 

1 ‘‘§ 511. Definitions 

2 ‘‘As used in this subchapter— 

3 ‘‘(1) the term ‘racketeering activity’ means— 

4 ‘‘(A) any act or threat involving murder, 

5 kidnapping, gambling, arson, robbery, bribery, 

6 extortion, dealing in obscene matter, or dealing 

7 in a controlled substance or listed chemical (as 

8 defined in section 102 of the Controlled Sub9 stances Act), which is chargeable under State 

10 law and punishable by imprisonment for more 

11 than one year; 

12 ‘‘(B) any act which is indictable under any 

13 of the following provisions of this title: Section 

14 991 (relating to bribery), section 1007 (relating 

15 to sports bribery), sections 692, 693, and 694 

16 (relating to counterfeiting), section 647 (relat17 ing to theft from interstate shipment) if the act 

18 indictable under section 647 is felonious, sec19 tion 651 (relating to embezzlement from pen20 sion and welfare funds), sections 155, 156, and 

21 157 (relating to extortionate credit trans22 actions), section 783 (relating to fraud and re23 lated activity in connection with identification 

24 documents), section 786 (relating to fraud and 


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1 related activity in connection with access de2 vices), section 1381 (relating to the trans3 mission of gambling information), section 801 

4 (relating to mail fraud), section 803 (relating to 

5 wire fraud), section 804 (relating to financial 

6 institution fraud), section 315 (relating to the 

7 procurement of citizenship or nationalization 

8 unlawfully), section 316 (relating to the sale of 

9 naturalization or citizenship papers), 318 (relat10 ing to bringing in or harboring certain aliens), 

11 321 (relating to aiding or assisting certain 

12 aliens to enter the United States), (if the viola13 tion of section 318 or 321 was committed for 

14 financial gain) sections 1441–1443 (relating to 

15 obscene matter), section 1132 (relating to ob16 struction of justice), section 1135 (relating to 

17 obstruction of criminal investigations), section 

18 1136 (relating to the obstruction of State or 

19 local law enforcement), section 1137 (relating 

20 to tampering with a witness, victim, or an in21 formant), section 1138 (relating to retaliating 

22 against a witness, victim, or an informant), sec23 tion 311 (relating to false statement in applica24 tion and use of passport), section 312 (relating 

25 to forgery or false use of passport), section 313 


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1 (relating to misuse of passport), section 314 

2 (relating to fraud and misuse of visas, permits, 

3 and other documents), sections 1261–1266 (re4 lating to peonage, slavery, and trafficking in 

5 persons), section 501 (relating to interference 

6 with commerce, robbery, or extortion), section 

7 502 (relating to racketeering), section 503 (re8 lating to interstate transportation of wagering 

9 paraphernalia), section 504 (relating to unlaw10 ful welfare fund payments), section 505 (relat11 ing to the prohibition of illegal gambling busi12 nesses), section 1451 (relating to the laun13 dering of monetary instruments), section 1452 

14 (relating to engaging in monetary transactions 

15 in property derived from specified unlawful ac16 tivity), section 506 (relating to use of interstate 

17 commerce facilities in the commission of mur18 der-for-hire), section 508 (relating to prohibi19 tion of unlicensed money transmitting busi20 nesses), sections 221, 222, and 223 (relating to 

21 sexual exploitation of children), sections 671 

22 and 672 (relating to interstate transportation of 

23 stolen motor vehicles), sections 673 and 674 

24 (relating to interstate transportation of stolen 

25 property), section 675 (relating to trafficking in 


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1 counterfeit labels for phonorecords, computer 

2 programs or computer program documentation 

3 or packaging and copies of motion pictures or 

4 other audiovisual works), section 676 (relating 

5 to criminal infringement of a copyright), section 

6 678 (relating to unauthorized fixation of and 

7 trafficking in sound recordings and music vid8 eos of live musical performances), section 680 

9 (relating to trafficking in counterfeit goods or 

10 services), section 681 (relating to trafficking in 

11 certain motor vehicles or motor vehicle parts), 

12 sections 1411–1416 (relating to trafficking in 

13 contraband cigarettes), sections 211–213 (relat14 ing to white slave traffic), sections 621–627 

15 (relating to biological weapons), sections 631– 

16 636 (relating to chemical weapons), section 601 

17 (relating to nuclear materials); 

18 ‘‘(C) any act which is indictable under sec19 tion 186 (dealing with restrictions on payments 

20 and loans to labor organizations) or section 

21 501(c) (relating to embezzlement from union 

22 funds) of title 29, United States Code; 

23 ‘‘(D) any offense involving fraud connected 

24 with a case under title 11 (except a case under 

25 section 885), fraud in the sale of securities, or 


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1 the felonious manufacture, importation, receiv2 ing, concealment, buying, selling, or otherwise 

3 dealing in a controlled substance or listed chem4 ical (as defined in section 102 of the Controlled 

5 Substances Act), punishable under any law of 

6 the United States; 

7 ‘‘(E) any act which is indictable under the 

8 Currency and Foreign Transactions Reporting 

9 Act; 

10 ‘‘(F) any act which is indictable under sec11 tion 278 of the Immigration and Nationality 

12 Act, if the act indictable under such section of 

13 such Act was committed for the purpose of fi14 nancial gain; or 

15 ‘‘(G) any act that is indictable under any 

16 provision listed in section 273(g)(3)(B); 

17 ‘‘(2) the term ‘enterprise’ includes any indi18 vidual, partnership, corporation, association, or 

19 other legal entity, and any union or group of individ20 uals associated in fact although not a legal entity; 

21 ‘‘(3) the term ‘pattern of racketeering activity’ 

22 requires at least two acts of racketeering activity, 

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1 ing any period of imprisonment) after the commis2 sion of a prior act of racketeering activity; 

3 ‘‘(4) the term ‘unlawful debt’ means a debt— 

4 ‘‘(A) incurred or contracted in gambling 

5 activity which was in violation of the law of the 

6 United States, a State or political subdivision 

7 thereof, or which is unenforceable under State 

8 or Federal law in whole or in part as to prin9 cipal or interest because of the laws relating to 

10 usury; and 

11 ‘‘(B) which was incurred in connection 

12 with the business of gambling in violation of the 

13 law of the United States, a State or political 

14 subdivision thereof, or the business of lending 

15 money or a thing of value at a rate usurious 

16 under State or Federal law, where the usurious 

17 rate is at least twice the enforceable rate; 

18 ‘‘(5) the term ‘racketeering investigator’ means 

19 any attorney or investigator so designated by the At20 torney General and charged with the duty of enforc21 ing or carrying into effect this chapter; 

22 ‘‘(6) the term ‘racketeering investigation’ means 

23 any inquiry conducted by any racketeering investi24 gator for the purpose of ascertaining whether any 

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1 chapter or of any final order, judgment, or decree of 

2 any court of the United States, duly entered in any 

3 case or proceeding arising under this subchapter; 

4 ‘‘(7) the term ‘documentary material’ includes 

5 any book, paper, document, record, recording, or 

6 other material; and 

7 ‘‘(8) the term ‘Attorney General’ includes the 

8 Attorney General of the United States, the Deputy 

9 Attorney General of the United States, the Associate 

10 Attorney General of the United States, any Assist11 ant Attorney General of the United States, or any 

12 employee of the Department of Justice or any em13 ployee of any department or agency of the United 

14 States so designated by the Attorney General to 

15 carry out the powers conferred on the Attorney Gen16 eral by this chapter, and any department or agency 

17 so designated may use in investigations authorized 

18 by this subchapter either the investigative provisions 

19 of this subchapter or the investigative power of such 

20 department or agency otherwise conferred by law. 

21 ‘‘§ 512. Prohibited activities 

22 ‘‘(a) USING OR INVESTING PROCEEDS.—It shall be 

23 unlawful for any person who has received any income de24 rived, directly or indirectly, from a pattern of racketeering 

25 activity or through collection of an unlawful debt in which 


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1 such person has participated as a principal within the 

2 meaning of section 2, to use or invest, directly or indi3 rectly, any part of such income, or the proceeds of such 

4 income, in acquisition of any interest in, or the establish5 ment or operation of, any enterprise which is engaged in, 

6 or the activities of which affect, interstate or foreign com7 merce. A purchase of securities on the open market for 

8 purposes of investment, and without the intention of con9 trolling or participating in the control of the issuer, or of 

10 assisting another to do so, shall not be unlawful under 

11 this subsection if the securities of the issuer held by the 

12 purchaser, the members of his family, and his or their ac13 complices in any pattern or racketeering activity or the 

14 collection of an unlawful debt after such purchase do not 

15 amount in the aggregate to one percent of the outstanding 

16 securities of any one class, and do not confer, either in 

17 law or in fact, the power to elect one or more directors 

18 of the issuer. 

19 ‘‘(b) MAINTAINING INTEREST OR CONTROL.—It shall 

20 be unlawful for any person through a pattern of racket21 eering activity or through collection of an unlawful debt 

22 to acquire or maintain, directly or indirectly, any interest 

23 in or control of any enterprise which is engaged in, or the 

24 activities of which affect, interstate or foreign commerce. 


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1 ‘‘(c) CONDUCTING AFFAIRS.—It shall be unlawful for 

2 any person employed by or associated with any enterprise 

3 engaged in, or the activities of which affect, interstate or 

4 foreign commerce, to conduct or participate, directly or 

5 indirectly, in the conduct of such enterprise’s affairs 

6 through a pattern of racketeering activity or collection of 

7 unlawful debt. 

8 ‘‘§ 513. Criminal penalties 

9 ‘‘Whoever violates section 512 shall be imprisoned 

10 not more than 20 years (or for life if the violation is based 

11 on a racketeering activity for which the maximum penalty 

12 includes life imprisonment). 

13 ‘‘§ 514. Civil remedies 

14 ‘‘(a) PREVENTION AND RESTRAINT OF VIOLA15 TIONS.—The district courts of the United States shall 

16 have jurisdiction to prevent and restrain violations of sec17 tion 512 by issuing appropriate orders, including— 

18 ‘‘(1) ordering any person to divest any interest 

19 in any enterprise; and 

20 ‘‘(2) imposing reasonable restrictions on the fu21 ture activities or investments of any person, includ22 ing— 

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1 prise engaged in, the activities of which affect 

2 interstate or foreign commerce; or 

3 ‘‘(B) ordering dissolution or reorganization 

4 of any enterprise, making due provision for the 

5 rights of innocent persons. 

6 ‘‘(b) PRELIMINARY MATTERS.—The Attorney Gen7 eral may institute proceedings under this section. Pending 

8 final determination thereof, the court may at any time 

9 enter such restraining orders or prohibitions, or take such 

10 other actions, including the acceptance of satisfactory per11 formance bonds, as it shall deem proper. 

12 ‘‘(c) PRIVATE RIGHT OF ACTION.—Any person in13 jured in his business or property by reason of a violation 

14 of section 512 may sue therefor in any appropriate United 

15 States district court and shall recover threefold the dam16 ages he sustains and the cost of the suit, including a rea17 sonable attorney’s fee, except that no person may rely 

18 upon any conduct that would have been actionable as 

19 fraud in the purchase or sale of securities to establish a 

20 violation of section 512. The exception contained in the 

21 preceding sentence does not apply to an action against any 

22 person that is criminally convicted in connection with the 

23 fraud, in which case the statute of limitations shall start 

24 to run on the date on which the conviction becomes final. 


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1 ‘‘(d) ESTOPPEL.—A final judgment or decree ren2 dered in favor of the United States in any criminal pro3 ceeding brought by the United States under this chapter 

4 shall estop the defendant from denying the essential alle5 gations of the criminal offense in any subsequent civil pro6 ceeding brought by the United States. 

7 ‘‘§ 515. Venue and process 

8 ‘‘(a) VENUE.—Any civil action or proceeding under 

9 this subchapter may be instituted in the district court of 

10 the United States for any district in which such person 

11 resides, is found, has an agent, or transacts his affairs. 

12 ‘‘(b) SUMMONS.—In any action under section 514 in 

13 any district court of the United States in which it is shown 

14 that the ends of justice require that other parties residing 

15 in any other district be brought before the court, the court 

16 may cause such parties to be summoned, and process for 

17 that purpose may be served in any judicial district of the 

18 United States by the marshal thereof. 

19 ‘‘(c) SUBPOENAS.—In any civil or criminal action or 

20 proceeding instituted by the United States under this sub21 chapter in the district court of the United States for any 

22 judicial district, subpoenas issued by such court to compel 

23 the attendance of witnesses may be served in any other 

24 judicial district, except that in any civil action or pro25 ceeding no such subpoena shall be issued for service upon 


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1 any individual who resides in another district at a place 

2 more than one hundred miles from the place at which such 

3 court is held without approval given by a judge of such 

4 court upon a showing of good cause. 

5 ‘‘(d) OTHER PROCESS.—All other process in any ac6 tion or proceeding under this subchapter may be served 

7 on any person in any judicial district in which such person 

8 resides, is found, has an agent, or transacts affairs. 

9 ‘‘§ 516. Expedition of actions 

10 ‘‘In any civil action instituted under this subchapter 

11 by the United States in any district court of the United 

12 States, the Attorney General may file with the clerk of 

13 such court a certificate stating that in the Attorney Gen14 eral’s opinion the case is of general public importance. A 

15 copy of that certificate shall be furnished immediately by 

16 such clerk to the chief judge or, in the absence of the chief 

17 judge, to the presiding district judge of the district in 

18 which such action is pending. Upon receipt of such copy, 

19 such judge shall designate immediately a judge of that dis20 trict to hear and determine the action. 

21 ‘‘§ 517. Evidence 

22 ‘‘In any proceeding ancillary to or in any civil action 

23 instituted by the United States under this subchapter the 

24 proceedings may be open or closed to the public at the 


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1 discretion of the court after consideration of the rights of 

2 affected persons. 

3 ‘‘§ 518. Civil investigative demand 

4 ‘‘(a) ISSUANCE.—If the Attorney General has reason 

5 to believe that any person or enterprise may be in posses6 sion, custody, or control of any documentary materials rel7 evant to a racketeering investigation, the Attorney General 

8 may, before the institution of a civil or criminal proceeding 

9 thereon, issue in writing, and cause to be served upon such 

10 person, a civil investigative demand requiring such person 

11 to produce such material for examination. 

12 ‘‘(b) CONTENTS.—Each such demand shall— 

13 ‘‘(1) state the nature of the conduct consti14 tuting the alleged racketeering violation which is 

15 under investigation and the provision of law applica16 ble thereto; 

17 ‘‘(2) describe the class or classes of documen18 tary material produced thereunder with such defi19 niteness and certainty as to permit such material to 

20 be fairly identified; 

21 ‘‘(3) state that the demand is returnable forth22 with or prescribe a return date which will provide a 

23 reasonable period of time within which the material 

24 so demanded may be assembled and made available 

25 for inspection and copying or reproduction; and 


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1 ‘‘(4) identify the custodian to whom such mate2 rial shall be made available. 

3 ‘‘(c) LIMITATION.—No such demand shall— 

4 ‘‘(1) contain any requirement which would be 

5 held to be unreasonable if contained in a subpoena 

6 duces tecum issued by a court of the United States 

7 in aid of a grand jury investigation of such alleged 

8 racketeering violation; or 

9 ‘‘(2) require the production of any documentary 

10 evidence which would be privileged from disclosure if 

11 demanded by a subpoena duces tecum issued by a 

12 court of the United States in aid of a grand jury in13 vestigation of such alleged racketeering violation. 

14 ‘‘(d) SERVICE.—Service of any such demand or any 

15 petition filed under this section may be made upon a per16 son by— 

17 ‘‘(1) delivering a duly executed copy thereof to 

18 any partner, executive officer, managing agent, or 

19 general agent thereof, or to any agent thereof au20 thorized by appointment or by law to receive service 

21 of process on behalf of such person, or upon any in22 dividual person; 

23 ‘‘(2) delivering a duly executed copy thereof to 

24 the principal office or place of business of the person 

25 to be served; or 


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1 ‘‘(3) depositing such copy in the United States 

2 mail, by registered or certified mail duly addressed 

3 to such person at its principal office or place of busi4 ness. 

5 ‘‘(e) RETURN.—A verified return by the individual 

6 serving any such demand or petition setting forth the 

7 manner of such service shall be prima facie proof of such 

8 service. In the case of service by registered or certified 

9 mail, such return shall be accompanied by the return post 

10 office receipt of delivery of such demand. 

11 ‘‘(f) DOCUMENT CUSTODIAN.— 

12 ‘‘(1) The Attorney General shall designate a 

13 racketeering investigator to serve as racketeer docu14 ment custodian, and such additional racketeering in15 vestigators as the Attorney General shall determine 

16 from time to time to be necessary to serve as depu17 ties to such officer. 

18 ‘‘(2) Any person upon whom any demand issued 

19 under this section has been duly served shall make 

20 such material available for inspection and copying or 

21 reproduction to the custodian designated therein at 

22 the principal place of business of such person, or at 

23 such other place as such custodian and such person 

24 thereafter may agree and prescribe in writing or as 

25 the court may direct, pursuant to this section on the 


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1 return date specified in such demand, or on such 

2 later date as such custodian may prescribe in writ3 ing. Such person may upon written agreement be4 tween such person and the custodian substitute for 

5 copies of all or any part of such material originals 

6 thereof. 

7 ‘‘(3) The custodian to whom any documentary 

8 material is so delivered shall take physical possession 

9 thereof, and shall be responsible for the use made 

10 thereof and for the return thereof pursuant to this 

11 chapter. The custodian may cause the preparation of 

12 such copies of such documentary material as may be 

13 required for official use under regulations which 

14 shall be promulgated by the Attorney General. While 

15 in the possession of the custodian, no material so 

16 produced shall be available for examination, without 

17 the consent of the person who produced such mate18 rial, by any individual other than the Attorney Gen19 eral. Under such reasonable terms and conditions as 

20 the Attorney General shall prescribe, documentary 

21 material while in the possession of the custodian 

22 shall be available for examination by the person who 

23 produced such material or any duly authorized rep24 resentatives of such person. 


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1 ‘‘(4) Whenever any attorney has been des2 ignated to appear on behalf of the United States be3 fore any court or grand jury in any case or pro4 ceeding involving any alleged violation of this chap5 ter, the custodian may deliver to such attorney such 

6 documentary material in the possession of the custo7 dian as such attorney determines to be required for 

8 use in the presentation of such case or proceeding 

9 on behalf of the United States. Upon the conclusion 

10 of any such case or proceeding, such attorney shall 

11 return to the custodian any documentary material so 

12 withdrawn which has not passed into the control of 

13 such court or grand jury through the introduction 

14 thereof into the record of such case or proceeding. 

15 ‘‘(5) Upon the completion of— 

16 ‘‘(A) the racketeering investigation for 

17 which any documentary material was produced 

18 under this subchapter, and 

19 ‘‘(B) any case or proceeding arising from 

20 such investigation, 

21 the custodian shall return to the person who pro22 duced such material all such material other than 

23 copies thereof made by the Attorney General pursu24 ant to this subsection which has not passed into the 

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1 duction thereof into the record of such case or pro2 ceeding. 

3 ‘‘(6) When any documentary material has been 

4 produced by any person under this section for use in 

5 any racketeering investigation, and no such case or 

6 proceeding arising therefrom has been instituted 

7 within a reasonable time after completion of the ex8 amination and analysis of all evidence assembled in 

9 the course of such investigation, such person shall be 

10 entitled, upon written demand made upon the Attor11 ney General, to the return of all documentary mate12 rial other than copies thereof made pursuant to this 

13 subsection so produced by such person. 

14 ‘‘(7) In the event of the death, disability, or 

15 separation from service of the custodian of any docu16 mentary material produced under any demand 

17 issued under this section or the official relief of such 

18 custodian from responsibility for the custody and 

19 control of such material, the Attorney General shall 

20 promptly— 

21 ‘‘(A) designate another racketeering inves22 tigator to serve as custodian thereof, and 

23 ‘‘(B) transmit notice in writing to the per24 son who produced such material as to the iden25 tity and address of the successor so designated. 


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1 Any successor so designated shall have with regard 

2 to such materials all duties and responsibilities im3 posed by this section upon the predecessor custodian 

4 with regard thereto, except that the successor shall 

5 not be held responsible for any default or dereliction 

6 which occurred before the successor’s designation as 

7 custodian. 

8 ‘‘(g) ENFORCEMENT PETITION.—Whenever any per9 son fails to comply with any civil investigative demand 

10 duly served upon him under this section or whenever satis11 factory copying or reproduction of any such material can12 not be done and such person refuses to surrender such 

13 material, the Attorney General may file, in the district 

14 court of the United States for any judicial district in which 

15 such person resides, is found, or transacts business, and 

16 serve upon such person a petition for an order of such 

17 court for the enforcement of this section, except that if 

18 such person transacts business in more than one such dis19 trict such petition shall be filed in the district in which 

20 such person maintains his principal place of business, or 

21 in such other district in which such person transacts busi22 ness as may be agreed upon by the parties to such peti23 tion. 

24 ‘‘(h) MODIFICATION OR SETTING ASIDE.—Within 20 

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1 son, or at any time before the return date specified in the 

2 demand, whichever period is shorter, such person may file, 

3 in the district court of the United States for the judicial 

4 district within which such person resides, is found, or 

5 transacts business, and serve upon such custodian a peti6 tion for an order of such court modifying or setting aside 

7 such demand. The time allowed for compliance with the 

8 demand in whole or in part as deemed proper and ordered 

9 by the court shall not run during the pendency of such 

10 petition in the court. Such petition shall specify each 

11 ground upon which the petitioner relies in seeking such 

12 relief, and may be based upon any failure of such demand 

13 to comply with the provisions of this section or upon any 

14 constitutional or other legal right or privilege of such per15 son. 

16 ‘‘(i) ORDERING CUSTODIAN TO PERFORM DUTY.— 

17 At any time during which any custodian is in custody or 

18 control of any documentary material delivered by any per19 son in compliance with any such demand, such person may 

20 file, in the district court of the United States for the judi21 cial district within which the office of such custodian is 

22 situated, and serve upon such custodian a petition for an 

23 order of such court requiring the performance by such cus24 todian of any duty imposed upon him by this section. 


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1 ‘‘(j) JURISDICTION.—Whenever any petition is filed 

2 in any district court of the United States under this sec3 tion, such court shall have jurisdiction to hear and deter4 mine the matter so presented, and to enter such order or 

5 orders as may be required to carry into effect the provi6 sions of this section. 

7 ‘‘SUBCHAPTER C—CRIMINAL STREET GANGS 

‘‘521. Criminal street gangs. 

8 ‘‘§ 521. Criminal street gangs 

9 ‘‘(a) DEFINITIONS.—In this section— 

10 ‘‘(1) the term ‘conviction’ includes a finding, 

11 under State or Federal law, that a person has com12 mitted an act of juvenile delinquency involving a vio13 lent or controlled substances felony; and 

14 ‘‘(2) the term ‘criminal street gang’ means an 

15 ongoing group, club, organization, or association of 

16 5 or more persons— 

17 ‘‘(A) that has as 1 of its primary purposes 

18 the commission of 1 or more of the criminal of19 fenses described in subsection (c); 

20 ‘‘(B) the members of which engage, or 

21 have engaged within the past 5 years, in a con22 tinuing series of offenses described in sub23 section (c); and 


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1 ‘‘(C) the activities of which affect inter2 state or foreign commerce. 

3 ‘‘(b) PENALTY.—The sentence of a person convicted 

4 of an offense described in subsection (c) shall be increased 

5 by not more than 10 years if the offense is committed 

6 under the circumstances described in subsection (d). 

7 ‘‘(c) OFFENSES.—The offenses described in this sec8 tion are— 

9 ‘‘(1) a Federal felony involving a controlled sub10 stance for which the maximum penalty is not less 

11 than 5 years; 

12 ‘‘(2) a Federal felony crime of violence that has 

13 as an element the use or attempted use of physical 

14 force against the person of another; and 

15 ‘‘(3) a conspiracy to commit an offense de16 scribed in paragraph (1) or (2). 

17 ‘‘(d) CIRCUMSTANCES.—The circumstances described 

18 in this section are that the offense described in subsection 

19 (c) was committed by a person who— 

20 ‘‘(1) participates in a criminal street gang with 

21 knowledge that its members engage in or have en22 gaged in a continuing series of offenses described in 

23 subsection (c); 


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1 ‘‘(2) intends to promote or further the felonious 

2 activities of the criminal street gang or maintain or 

3 increase his or her position in the gang; and 

4 ‘‘(3) has been convicted within the past 5 years 

5 for— 

6 ‘‘(A) an offense described in subsection (c); 

7 ‘‘(B) a State offense— 

8 ‘‘(i) involving a controlled substance 

9 for which the maximum penalty is not less 

10 than 5 years imprisonment; or 

11 ‘‘(ii) that is a felony crime of violence 

12 that has as an element the use or at13 tempted use of physical force against the 

14 person of another; 

15 ‘‘(C) any Federal or State felony offense 

16 that by its nature involves a substantial risk 

17 that physical force against the person of an18 other may be used in the course of committing 

19 the offense; or 

20 ‘‘(D) a conspiracy to commit an offense de21 scribed in subparagraph (A), (B), or (C). 

22 ‘‘CHAPTER 21—ARSON, FIREARMS, 

23 EXPLOSIVES, AND WEAPONS CRIMES 

‘‘Subchapter 

‘‘A. Arson 

‘‘B. Firearms 

‘‘C. Explosives 

‘‘D. Importation, manufacture, distribution, and storage of Explosive Materials 


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‘‘E. Biological weapons 

‘‘F. Chemical weapons 

1 ‘‘SUBCHAPTER A—ARSON 

‘‘571. Arson within special maritime and territorial jurisdiction. 

2 ‘‘§ 571. Arson within special maritime and territorial 

3 jurisdiction 

4 ‘‘Whoever, within the special maritime and territorial 

5 jurisdiction of the United States, willfully and maliciously 

6 sets fire to or burns any building, structure or vessel, any 

7 machinery or building materials or supplies, military or 

8 naval stores, munitions of war, or any structural aids or 

9 appliances for navigation or shipping shall be imprisoned 

10 for not more than 25 years. If the building is a dwelling 

11 or if the life of any person is placed in jeopardy, the of12 fender shall be imprisoned for any term of years or for 

13 life. 

14 ‘‘SUBCHAPTER B—FIREARMS 

‘‘581. Definitions. 

‘‘582. Unlawful Acts. 

‘‘583. Licensing. 

‘‘584. Penalties. 

‘‘585. Exceptions: relief from disabilities. 

‘‘586. Remedy for erroneous denial of firearm. 

‘‘587. Rules and regulations. 

‘‘588. Interstate transportation of firearms. 

‘‘589. Carrying of concealed firearms by qualified law enforcement officers. 

‘‘590. Carrying of concealed firearms by qualified retired law enforcement officers. 

‘‘591. Use of restricted ammunition. 

‘‘592. Possession of firearms and dangerous weapons in Federal facilities. 

‘‘593. Prohibition on purchase, ownership, or possession of body armor by violent felons. 

15 ‘‘§ 581. Definitions 

16 ‘‘For the purposes of this subchapter— 


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1 ‘‘(1) The term ‘firearm’ means (A) any weapon 

2 (including a starter gun) which will or is designed to 

3 or may readily be converted to expel a projectile by 

4 the action of an explosive; (B) the frame or receiver 

5 of any such weapon; (C) any firearm muffler or fire6 arm silencer; or (D) any destructive device. Such 

7 term does not include an antique firearm. 

8 ‘‘(2) The term ‘destructive device’ means— 

9 ‘‘(A) any explosive, incendiary, or poison 

10 gas— 

11 ‘‘(i) bomb, 

12 ‘‘(ii) grenade, 

13 ‘‘(iii) rocket having a propellant 

14 charge of more than four ounces, 

15 ‘‘(iv) missile having an explosive or in16 cendiary charge of more than one-quarter 

17 ounce, 

18 ‘‘(v) mine, or 

19 ‘‘(vi) device similar to any of the de20 vices described in the preceding clauses; 

21 ‘‘(B) any type of weapon (other than a 

22 shotgun or a shotgun shell which the Attorney 

23 General finds is generally recognized as particu24 larly suitable for sporting purposes) by what25 ever name known which will, or which may be 


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1 readily converted to, expel a projectile by the 

2 action of an explosive or other propellant, and 

3 which has any barrel with a bore of more than 

4 one-half inch in diameter; and 

5 ‘‘(C) any combination of parts either de6 signed or intended for use in converting any de7 vice into any destructive device described in 

8 subparagraph (A) or (B) and from which a de9 structive device may be readily assembled. 

10 Such term does not include any device which is nei11 ther designed nor redesigned for use as a weapon; 

12 any device, although originally designed for use as a 

13 weapon, which is redesigned for use as a signaling, 

14 pyrotechnic, line throwing, safety, or similar device; 

15 surplus ordnance sold, loaned, or given by the Sec16 retary of the Army pursuant to section 4684(2), 

17 4685, or 4686 of title 10; or any other device which 

18 the Attorney General finds is not likely to be used 

19 as a weapon, is an antique, or is a rifle which the 

20 owner intends to use solely for sporting, recreational 

21 or cultural purposes. 

22 ‘‘(3) The term ‘shotgun’ means a weapon de23 signed or redesigned, made or remade, and intended 

24 to be fired from the shoulder and designed or rede25 signed and made or remade to use the energy of an 


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1 explosive to fire through a smooth bore either a 

2 number of ball shot or a single projectile for each 

3 single pull of the trigger. 

4 ‘‘(4) The term ‘short-barreled shotgun’ means a 

5 shotgun having one or more barrels less than eight6 een inches in length and any weapon made from a 

7 shotgun (whether by alteration, modification or oth8 erwise) if such a weapon as modified has an overall 

9 length of less than twenty-six inches. 

10 ‘‘(5) The term ‘rifle’ means a weapon designed 

11 or redesigned, made or remade, and intended to be 

12 fired from the shoulder and designed or redesigned 

13 and made or remade to use the energy of an explo14 sive to fire only a single projectile through a rifled 

15 bore for each single pull of the trigger. 

16 ‘‘(6) The term ‘short-barreled rifle’ means a 

17 rifle having one or more barrels less than sixteen 

18 inches in length and any weapon made from a rifle 

19 (whether by alteration, modification, or otherwise) if 

20 such weapon, as modified, has an overall length of 

21 less than twenty-six inches. 

22 ‘‘(7) The term ‘importer’ means any person en23 gaged in the business of importing or bringing fire24 arms or ammunition into the United States for pur25 poses of sale or distribution; and the term ‘licensed 


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1 importer’ means any such person licensed under this 

2 chapter. 

3 ‘‘(8) The term ‘manufacturer’ means any per4 son engaged in the business of manufacturing fire5 arms or ammunition for purposes of sale or distribu6 tion; and the term ‘licensed manufacturer’ means 

7 any such person licensed under this chapter. 

8 ‘‘(9) The term ‘dealer’ means (A) any person 

9 engaged in the business of selling firearms at whole10 sale or retail, (B) any person engaged in the busi11 ness of repairing firearms or of making or fitting 

12 special barrels, stocks, or trigger mechanisms to fire13 arms, or (C) any person who is a pawnbroker. The 

14 term ‘licensed dealer’ means any dealer who is li15 censed under this chapter. 

16 ‘‘(10) The term ‘pawnbroker’ means any person 

17 whose business or occupation includes the taking or 

18 receiving, by way of pledge or pawn, of any firearm 

19 as security for the payment or repayment of money. 

20 ‘‘(11) The term ‘collector’ means any person 

21 who acquires, holds, or disposes of firearms as curios 

22 or relics, as the Attorney General shall by regulation 

23 define, and the term ‘licensed collector’ means any 

24 such person licensed under this chapter. 


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1 ‘‘(12) The term ‘indictment’ includes an indict2 ment or information in any court under which a 

3 crime punishable by imprisonment for a term ex4 ceeding one year may be prosecuted. 

5 ‘‘(13) The term ‘fugitive from justice’ means 

6 any person who has fled from any State to avoid 

7 prosecution for a crime or to avoid giving testimony 

8 in any criminal proceeding. 

9 ‘‘(14) The term ‘antique firearm’ means— 

10 ‘‘(A) any firearm (including any firearm 

11 with a matchlock, flintlock, percussion cap, or 

12 similar type of ignition system) manufactured 

13 in or before 1898; or 

14 ‘‘(B) any replica of any firearm described 

15 in subparagraph (A) if such replica— 

16 ‘‘(i) is not designed or redesigned for 

17 using rimfire or conventional centerfire 

18 fixed ammunition; or 

19 ‘‘(ii) uses rimfire or conventional 

20 centerfire fixed ammunition which is no 

21 longer manufactured in the United States 

22 and which is not readily available in the 

23 ordinary channels of commercial trade; or 

24 ‘‘(C) any muzzle loading rifle, muzzle load25 ing shotgun, or muzzle loading pistol, which is 


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1 designed to use black powder, or a black powder 

2 substitute, and which cannot use fixed ammuni3 tion. For purposes of this subparagraph, the 

4 term ‘antique firearm’ shall not include any 

5 weapon which incorporates a firearm frame or 

6 receiver, any firearm which is converted into a 

7 muzzle loading weapon, or any muzzle loading 

8 weapon which can be readily converted to fire 

9 fixed ammunition by replacing the barrel, bolt, 

10 breechblock, or any combination thereof. 

11 ‘‘(15)(A) The term ‘ammunition’ means ammu12 nition or cartridge cases, primers, bullets, or propel13 lent powder designed for use in any firearm. 

14 ‘‘(B) The term ‘armor piercing ammunition’ 

15 means— 

16 ‘‘(i) a projectile or projectile core which 

17 may be used in a handgun and which is con18 structed entirely (excluding the presence of 

19 traces of other substances) from one or a com20 bination of tungsten alloys, steel, iron, brass, 

21 bronze, beryllium copper, or depleted uranium; 

22 or 

23 ‘‘(ii) a full jacketed projectile larger than 

24 .22 caliber designed and intended for use in a 

25 handgun and whose jacket has a weight of more 


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1 than 25 percent of the total weight of the pro2 jectile. 

3 ‘‘(C) The term ‘armor piercing ammunition’ 

4 does not include shotgun shot required by Federal or 

5 State environmental or game regulations for hunting 

6 purposes, a frangible projectile designed for target 

7 shooting, a projectile which the Attorney General 

8 finds is primarily intended to be used for sporting 

9 purposes, or any other projectile or projectile core 

10 which the Attorney General finds is intended to be 

11 used for industrial purposes, including a charge used 

12 in an oil and gas well perforating device. 

13 ‘‘(16) The term ‘published ordinance’ means a 

14 published law of any political subdivision of a State 

15 which the Attorney General determines to be rel16 evant to the enforcement of this subchapter and 

17 which is contained on a list compiled by the Attor18 ney General, which list shall be published in the 

19 Federal Register, revised annually, and furnished to 

20 each licensee under this subchapter. 

21 ‘‘(17) The term ‘crime punishable by imprison22 ment for a term exceeding one year’ does not in23 clude— 

24 ‘‘(A) any Federal or State offenses per25 taining to antitrust violations, unfair trade 


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1 practices, restraints of trade, or other similar 

2 offenses relating to the regulation of business 

3 practices, or 

4 ‘‘(B) any State offense classified by the 

5 laws of the State as a misdemeanor and punish6 able by a term of imprisonment of two years or 

7 less. 

8 What constitutes a conviction of such a crime shall 

9 be determined in accordance with the law of the ju10 risdiction in which the proceedings were held. Any 

11 conviction which has been expunged, or set aside or 

12 for which a person has been pardoned or has had 

13 civil rights restored shall not be considered a convic14 tion for purposes of this subchapter, unless such 

15 pardon, expungement, or restoration of civil rights 

16 expressly provides that the person may not ship, 

17 transport, possess, or receive firearms. 

18 ‘‘(18) The term ‘engaged in the business’ 

19 means— 

20 ‘‘(A) as applied to a manufacturer of fire21 arms, a person who devotes time, attention, and 

22 labor to manufacturing firearms as a regular 

23 course of trade or business with the principal 

24 objective of livelihood and profit through the 


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1 sale or distribution of the firearms manufac2 tured; 

3 ‘‘(B) as applied to a manufacturer of am4 munition, a person who devotes time, attention, 

5 and labor to manufacturing ammunition as a 

6 regular course of trade or business with the 

7 principal objective of livelihood and profit 

8 through the sale or distribution of the ammuni9 tion manufactured; 

10 ‘‘(C) as applied to a dealer in firearms, as 

11 defined in paragraph (9)(A), a person who de12 votes time, attention, and labor to dealing in 

13 firearms as a regular course of trade or busi14 ness with the principal objective of livelihood 

15 and profit through the repetitive purchase and 

16 resale of firearms, but such term does not in17 clude a person who makes occasional sales, ex18 changes, or purchases of firearms for the en19 hancement of a personal collection or for a 

20 hobby, or who sells all or part of his personal 

21 collection of firearms; 

22 ‘‘(D) as applied to a dealer in firearms, as 

23 defined in paragraph (9)(B), a person who de24 votes time, attention, and labor to engaging in 

25 such activity as a regular course of trade or 


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1 business with the principal objective of liveli2 hood and profit, but such term does not include 

3 a person who makes occasional repairs of fire4 arms, or who occasionally fits special barrels, 

5 stocks, or trigger mechanisms to firearms; 

6 ‘‘(E) as applied to an importer of firearms, 

7 a person who devotes time, attention, and labor 

8 to importing firearms as a regular course of 

9 trade or business with the principal objective of 

10 livelihood and profit through the sale or dis11 tribution of the firearms imported; and 

12 ‘‘(F) as applied to an importer of ammuni13 tion, a person who devotes time, attention, and 

14 labor to importing ammunition as a regular 

15 course of trade or business with the principal 

16 objective of livelihood and profit through the 

17 sale or distribution of the ammunition im18 ported. 

19 ‘‘(19) The term ‘with the principal objective of 

20 livelihood and profit’ means that the intent under21 lying the sale or disposition of firearms is predomi22 nantly one of obtaining livelihood and pecuniary 

23 gain, as opposed to other intents, such as improving 

24 or liquidating a personal firearms collection, but 

25 proof of profit is not required as to a person who enVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 gages in the regular and repetitive purchase and dis2 position of firearms for criminal purposes or ter3 rorism. In this paragraph, the term ‘terrorism’ 

4 means activity, directed against United States per5 sons, which— 

6 ‘‘(A) is committed by an individual who is 

7 not a national or permanent resident alien of 

8 the United States; 

9 ‘‘(B) involves violent acts or acts dan10 gerous to human life which would be a criminal 

11 violation if committed within the jurisdiction of 

12 the United States; and 

13 ‘‘(C) is intended— 

14 ‘‘(i) to intimidate or coerce a civilian 

15 population; 

16 ‘‘(ii) to influence the policy of a gov17 ernment by intimidation or coercion; or 

18 ‘‘(iii) to affect the conduct of a gov19 ernment by assassination or kidnapping. 

20 ‘‘(20) The term ‘machinegun’ has the meaning 

21 given such term in section 5845(b) of the National 

22 Firearms Act. 

23 ‘‘(21) The terms ‘firearm silencer’ and ‘firearm 

24 muffler’ mean any device for silencing, muffling, or 

25 diminishing the report of a portable firearm, includVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00304 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 ing any combination of parts, designed or rede2 signed, and intended for use in assembling or fabri3 cating a firearm silencer or firearm muffler, and any 

4 part intended only for use in such assembly or fab5 rication. 

6 ‘‘(22) The term ‘school zone’ means— 

7 ‘‘(A) in, or on the grounds of, a public, pa8 rochial or private school; or 

9 ‘‘(B) within a distance of 1,000 feet from 

10 the grounds of a public, parochial or private 

11 school. 

12 ‘‘(23) The term ‘school’ means a school which 

13 provides elementary or secondary education, as de14 termined under State law. 

15 ‘‘(24) The term ‘motor vehicle’ has the meaning 

16 given such term in section 13102 of title 49. 

17 ‘‘(25) The term ‘semiautomatic rifle’ means any 

18 repeating rifle which utilizes a portion of the energy 

19 of a firing cartridge to extract the fired cartridge 

20 case and chamber the next round, and which re21 quires a separate pull of the trigger to fire each car22 tridge. 

23 ‘‘(26) The term ‘handgun’ means— 


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1 ‘‘(A) a firearm which has a short stock and 

2 is designed to be held and fired by the use of 

3 a single hand; and 

4 ‘‘(B) any combination of parts from which 

5 a firearm described in subparagraph (A) can be 

6 assembled. 

7 ‘‘(27) The term ‘intimate partner’ means, with 

8 respect to a person, the spouse of the person, a 

9 former spouse of the person, an individual who is a 

10 parent of a child of the person, and an individual 

11 who cohabitates or has cohabited with the person. 

12 ‘‘(28)(A) The term ‘misdemeanor crime of do13 mestic violence’ means an offense that— 

14 ‘‘(i) is a misdemeanor under Federal, 

15 State, or Tribal law; and 

16 ‘‘(ii) has, as an element, the use or at17 tempted use of physical force, or the threatened 

18 use of a deadly weapon, committed by a current 

19 or former spouse, parent, or guardian of the 

20 victim, by a person with whom the victim 

21 shares a child in common, by a person who is 

22 cohabiting with or has cohabited with the victim 

23 as a spouse, parent, or guardian, or by a person 

24 similarly situated to a spouse, parent, or guard25 ian of the victim. 


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1 ‘‘(B)(i) A person shall not be considered to have 

2 been convicted of such an offense for purposes of 

3 this subchapter, unless— 

4 ‘‘(I) the person was represented by counsel 

5 in the case, or knowingly and intelligently 

6 waived the right to counsel in the case; and 

7 ‘‘(II) in the case of a prosecution for an of8 fense described in this paragraph for which a 

9 person was entitled to a jury trial in the juris10 diction in which the case was tried, either— 

11 ‘‘(aa) the case was tried by a jury; or 

12 ‘‘(bb) the person knowingly and intel13 ligently waived the right to have the case 

14 tried by a jury, by guilty plea or otherwise. 

15 ‘‘(ii) A person shall not be considered to have 

16 been convicted of such an offense for purposes of 

17 this subchapter if the conviction has been expunged 

18 or set aside, or is an offense for which the person 

19 has been pardoned or has had civil rights restored 

20 (if the law of the applicable jurisdiction provides for 

21 the loss of civil rights under such an offense) unless 

22 the pardon, expungement, or restoration of civil 

23 rights expressly provides that the person may not 

24 ship, transport, possess, or receive firearms. 


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1 ‘‘(29) The term ‘secure gun storage or safety 

2 device’ means— 

3 ‘‘(A) a device that, when installed on a 

4 firearm, is designed to prevent the firearm from 

5 being operated without first deactivating the de6 vice; 

7 ‘‘(B) a device incorporated into the design 

8 of the firearm that is designed to prevent the 

9 operation of the firearm by anyone not having 

10 access to the device; or 

11 ‘‘(C) a safe, gun safe, gun case, lock box, 

12 or other device that is designed to be or can be 

13 used to store a firearm and that is designed to 

14 be unlocked only by means of a key, a combina15 tion, or other similar means. 

16 ‘‘(30) The term ‘body armor’ means any prod17 uct sold or offered for sale, in interstate or foreign 

18 commerce, as personal protective body covering in19 tended to protect against gunfire, regardless of 

20 whether the product is to be worn alone or is sold 

21 as a complement to another product or garment. 

22 ‘‘(31) A member of the Armed Forces on active 

23 duty is a resident of the State in which his perma24 nent duty station is located. 


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1 ‘‘§ 582. Unlawful Acts 

2 ‘‘(a) REGULATORY OFFENSES.—It shall be unlaw3 ful— 

4 ‘‘(1) for any person— 

5 ‘‘(A) except a licensed importer, licensed 

6 manufacturer, or licensed dealer, to engage in 

7 the business of importing, manufacturing, or 

8 dealing in firearms, or in the course of such 

9 business to ship, transport, or receive any fire10 arm in interstate or foreign commerce; or 

11 ‘‘(B) except a licensed importer or licensed 

12 manufacturer, to engage in the business of im13 porting or manufacturing ammunition, or in the 

14 course of such business, to ship, transport, or 

15 receive any ammunition in interstate or foreign 

16 commerce; 

17 ‘‘(2) for any importer, manufacturer, dealer, or 

18 collector licensed under this chapter to ship or trans19 port in interstate or foreign commerce any firearm 

20 to any person other than a licensed importer, li21 censed manufacturer, licensed dealer, or licensed col22 lector, except that— 

23 ‘‘(A) this paragraph and subsection (b)(3) 

24 shall not be held to preclude a licensed im25 porter, licensed manufacturer, licensed dealer, 

26 or licensed collector from returning a firearm or 


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1 replacement firearm of the same kind and type 

2 to a person from whom it was received; and this 

3 paragraph does not preclude an individual from 

4 mailing a firearm owned in compliance with 

5 Federal, State, and local law to a licensed im6 porter, licensed manufacturer, licensed dealer, 

7 or licensed collector; 

8 ‘‘(B) this paragraph does not preclude a li9 censed importer, licensed manufacturer, or li10 censed dealer from depositing a firearm for con11 veyance in the mails to any officer, employee, 

12 agent, or watchman who, pursuant to section 

13 950, is eligible to receive through the mails pis14 tols, revolvers, and other firearms capable of 

15 being concealed on the person, for use in con16 nection with his official duty; and 

17 ‘‘(C) nothing in this paragraph shall be 

18 construed as applying in any manner in the 

19 District of Columbia, the Commonwealth of 

20 Puerto Rico, or any possession of the United 

21 States differently than it would apply if the 

22 District of Columbia, the Commonwealth of 

23 Puerto Rico, or the possession were in fact a 

24 State of the United States; 


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1 ‘‘(3) for any person, other than a licensed im2 porter, licensed manufacturer, licensed dealer, or li3 censed collector to transport into or receive in the 

4 State where he resides (or if the person is a corpora5 tion or other business entity, the State where it 

6 maintains a place of business) any fire arm pur7 chased or otherwise obtained by such person outside 

8 that State, except that this paragraph— 

9 ‘‘(A) does not preclude any person who 

10 lawfully acquires a firearm by bequest or intes11 tate succession in a State other than his State 

12 of residence from transporting the firearm into 

13 or receiving it in that State, if it is lawful for 

14 such person to purchase or possess such fire15 arm in that State; 

16 ‘‘(B) does not apply to the transportation 

17 or receipt of a firearm obtained in conformity 

18 with subsection (b)(3); and 

19 ‘‘(C) does not apply to the transportation 

20 of any firearm acquired in any State before De21 cember 16, 1968; 

22 ‘‘(4) for any person, other than a licensed im23 porter, licensed manufacturer, licensed dealer, or li24 censed collector, to transport in interstate or foreign 

25 commerce any destructive device, machinegun, shortVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 barreled shotgun, or short-barreled rifle, except as 

2 specifically authorized by the Attorney General con3 sistent with public safety and necessity; 

4 ‘‘(5) for any person (other than a licensed im5 porter, licensed manufacturer, licensed dealer, or li6 censed collector) to transfer, sell, trade, give, trans7 port, or deliver any firearm to any person (other 

8 than a licensed importer, licensed manufacturer, li9 censed dealer, or licensed collector) who the trans10 feror knows or has reasonable cause to believe does 

11 not reside in (or if the person is a corporation or 

12 other business entity, does not maintain a place of 

13 business in) the State in which the transferor re14 sides; except that this paragraph does not apply to 

15 (A) the transfer, transportation, or delivery of a fire16 arm made to carry out a bequest of a firearm to, or 

17 an acquisition by intestate succession of a firearm 

18 by, a person who is permitted to acquire or possess 

19 a firearm under the laws of the State of his resi20 dence, and (B) the loan or rental of a firearm to any 

21 person for temporary use for lawful sporting pur22 poses; 

23 ‘‘(6) for any person in connection with the ac24 quisition or attempted acquisition of any firearm or 

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1 ufacturer, licensed dealer, or licensed collector, 

2 knowingly to make any false or fictitious oral or 

3 written statement or to furnish or exhibit any false, 

4 fictitious, or misrepresented identification, intended 

5 or likely to deceive such importer, manufacturer, 

6 dealer, or collector with respect to any fact material 

7 to the lawfulness of the sale or other disposition of 

8 such firearm or ammunition under this chapter; 

9 ‘‘(7) for any person to manufacture or import 

10 armor piercing ammunition, unless— 

11 ‘‘(A) the manufacture of such ammunition 

12 is for the use of the United States, any depart13 ment or agency of the United States, any State, 

14 or any department, agency, or political subdivi15 sion of a State; 

16 ‘‘(B) the manufacture of such ammunition 

17 is for the purpose of exportation; or 

18 ‘‘(C) the manufacture or importation of 

19 such ammunition is for the purpose of testing 

20 or experimentation and has been authorized by 

21 the Attorney General; 

22 ‘‘(8) for any manufacturer or importer to sell or 

23 deliver armor piercing ammunition, unless such sale 

24 or delivery— 


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1 ‘‘(A) is for the use of the United States, 

2 any department or agency of the United States, 

3 any State, or any department, agency, or polit4 ical subdivision of a State; 

5 ‘‘(B) is for the purpose of exportation; or 

6 ‘‘(C) is for the purpose of testing or ex7 perimentation and has been authorized by the 

8 Attorney General; and 

9 ‘‘(9) for any person, other than a licensed im10 porter, licensed manufacturer, licensed dealer, or li11 censed collector, who does not reside in any State to 

12 receive any firearms unless such receipt is for lawful 

13 sporting purposes. 

14 ‘‘(b) LICENSEE OFFENSES.—It shall be unlawful for 

15 any licensed importer, licensed manufacturer, licensed 

16 dealer, or licensed collector to sell or deliver— 

17 ‘‘(1) any firearm or ammunition to any indi18 vidual who the licensee knows or has reasonable 

19 cause to believe is less than eighteen years of age, 

20 and, if the firearm, or ammunition is other than a 

21 shotgun or rifle, or ammunition for a shotgun or 

22 rifle, to any individual who the licensee knows or has 

23 reasonable cause to believe is less than twenty-one 

24 years of age; 


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1 ‘‘(2) any firearm to any person in any State 

2 where the purchase or possession by such person of 

3 such firearm would be in violation of any State law 

4 or any published ordinance applicable at the place of 

5 sale, delivery or other disposition, unless the licensee 

6 knows or has reasonable cause to believe that the 

7 purchase or possession would not be in violation of 

8 such State law or such published ordinance; 

9 ‘‘(3) any firearm to any person who the licensee 

10 knows or has reasonable cause to believe does not 

11 reside in (or if the person is a corporation or other 

12 business entity, does not maintain a place of busi13 ness in) the State in which the licensee’s place of 

14 business is located, except that this paragraph (A) 

15 does not apply to the sale or delivery of any rifle or 

16 shotgun to a resident of a State other than a State 

17 in which the licensee’s place of business is located if 

18 the transferee meets in person with the transferor to 

19 accomplish the transfer, and the sale, delivery, and 

20 receipt fully comply with the legal conditions of sale 

21 in both such States (and any licensed manufacturer, 

22 importer or dealer shall be presumed, for purposes 

23 of this subparagraph, in the absence of evidence to 

24 the contrary, to have had actual knowledge of the 

25 State laws and published ordinances of both States), 


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1 and (B) does not apply to the loan or rental of a 

2 firearm to any person for temporary use for lawful 

3 sporting purposes; 

4 ‘‘(4) to any person any destructive device, ma5 chinegun, short-barreled shotgun, or short-barreled 

6 rifle, except as specifically authorized by the Attor7 ney General consistent with public safety and neces8 sity; and 

9 ‘‘(5) any firearm or armor-piercing ammunition 

10 to any person unless the licensee notes in his 

11 records, required to be kept pursuant to section 583, 

12 the name, age, and place of residence of such person 

13 if the person is an individual, or the identity and 

14 principal and local places of business of such person 

15 if the person is a corporation or other business enti16 ty. 

17 Paragraphs (1), (2), (3), and (4) of this subsection does 

18 not apply to transactions between licensed importers, li19 censed manufacturers, licensed dealers, and licensed col20 lectors. Paragraph (4) of this subsection does not apply 

21 to a sale or delivery to any research organization des22 ignated by the Attorney General. 

23 ‘‘(c) BACKGROUND CHECK FOR PERSONS NOT AP24 PEARING IN PERSON.—In any case not otherwise prohib25 ited by this chapter, a licensed importer, licensed manuVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 facturer, or licensed dealer may sell a firearm to a person 

2 who does not appear in person at the licensee’s business 

3 premises (other than another licensed importer, manufac4 turer, or dealer) only if— 

5 ‘‘(1) the transferee submits to the transferor a 

6 sworn statement in the following form: 

7 ‘Subject to penalties provided by law, I swear that, in the 

8 case of any firearm other than a shotgun or a rifle, I am 

9 twenty-one years or more of age, or that, in the case of 

10 a shotgun or a rifle, I am eighteen years or more of age; 

11 that I am not prohibited by the provisions of subchapter 

12 B of chapter 21 of title 18, United States Code, from re13 ceiving a firearm in interstate or foreign commerce; and 

14 that my receipt of this firearm will not be in violation of 

15 any statute of the State and published ordinance applica16 ble to the locality in which I reside. Further, the true title, 

17 name, and address of the principal law enforcement officer 

18 of the locality to which the firearm will be delivered are 

19 — — — — — — — — — — — — — — — — — 

20 — — — — — — — — — — — — — Signature — 

21 — — — — — — — — — Date — — — —.’ and con22 taining blank spaces for the attachment of a true copy 

23 of any permit or other information required pursuant to 

24 such statute or published ordinance; 


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1 ‘‘(2) the transferor has, prior to the shipment 

2 or delivery of the firearm, forwarded by registered or 

3 certified mail (return receipt requested) a copy of 

4 the sworn statement, together with a description of 

5 the firearm, in a form prescribed by the Attorney 

6 General, to the chief law enforcement officer of the 

7 transferee’s place of residence, and has received a 

8 return receipt evidencing delivery of the statement 

9 or has had the statement returned due to the refusal 

10 of the named addressee to accept such letter in ac11 cordance with United States Post Office Department 

12 regulations; and 

13 ‘‘(3) the transferor has delayed shipment or de14 livery for a period of at least seven days following 

15 receipt of the notification of the acceptance or re16 fusal of delivery of the statement. 

17 A copy of the sworn statement and a copy of the notifica18 tion to the local law enforcement officer, together with evi19 dence of receipt or rejection of that notification shall be 

20 retained by the licensee as a part of the records required 

21 to be kept under section 583(g). 

22 ‘‘(d) SALES AND DISPOSITIONS TO PROHIBITED

23 CLASSES OF PERSONS.—It shall be unlawful for any per24 son to sell or otherwise dispose of any firearm or ammuniVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00318 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 tion to any person knowing or having reasonable cause to 

2 believe that such person— 

3 ‘‘(1) is under indictment for, or has been con4 victed in any court of, a crime punishable by impris5 onment for a term exceeding one year; 

6 ‘‘(2) is a fugitive from justice; 

7 ‘‘(3) is an unlawful user of or addicted to any 

8 controlled substance; 

9 ‘‘(4) has been adjudicated as a mental defective 

10 or has been committed to any mental institution; 

11 ‘‘(5) is an alien and— 

12 ‘‘(A) is illegally or unlawfully in the United 

13 States; or 

14 ‘‘(B) except as provided in subsection 

15 (y)(2), has been admitted to the United States 

16 under a nonimmigrant visa (as that term is de17 fined in section 101(a)(26) of the Immigration 

18 and Nationality Act); 

19 ‘‘(6) has been discharged from the Armed 

20 Forces under dishonorable conditions; 

21 ‘‘(7) was a citizen of the United States, and has 

22 renounced that citizenship; 

23 ‘‘(8) is subject to a court order that restrains 

24 such person from harassing, stalking, or threatening 

25 an intimate partner of such person or child of such 


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1 intimate partner or person, or engaging in other 

2 conduct that would place an intimate partner in rea3 sonable fear of bodily injury to the partner or child, 

4 except that this paragraph shall only apply to a 

5 court order that— 

6 ‘‘(A) was issued after a hearing of which 

7 such person received actual notice, and at which 

8 such person had the opportunity to participate; 

9 and 

10 ‘‘(B)(i) includes a finding that such person 

11 represents a credible threat to the physical safe12 ty of such intimate partner or child; or 

13 ‘‘(ii) by its terms explicitly prohibits the 

14 use, attempted use, or threatened use of phys15 ical force against such intimate partner or child 

16 that would reasonably be expected to cause bod17 ily injury; or 

18 ‘‘(9) has been convicted in any court of a mis19 demeanor crime of domestic violence. 

20 This subsection does not apply with respect to the sale 

21 or disposition of a firearm or ammunition to a licensed 

22 importer, licensed manufacturer, licensed dealer, or li23 censed collector who pursuant to subsection (b) of section 

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1 tion, or to a person who has been granted relief from dis2 abilities pursuant to subsection (c) of section 585. 

3 ‘‘(e) NOTICE TO CARRIER.—It shall be unlawful for 

4 any person knowingly to deliver or cause to be delivered 

5 to any common or contract carrier for transportation or 

6 shipment in interstate or foreign commerce, to persons 

7 other than licensed importers, licensed manufacturers, li8 censed dealers, or licensed collectors, any package or other 

9 container in which there is any firearm or ammunition 

10 without written notice to the carrier that such firearm or 

11 ammunition is being transported or shipped; except that 

12 any passenger who owns or legally possesses a firearm or 

13 ammunition being transported aboard any common or con14 tract carrier for movement with the passenger in inter15 state or foreign commerce may deliver said firearm or am16 munition into the custody of the pilot, captain, conductor 

17 or operator of such common or contract carrier for the 

18 duration of the trip without violating this chapter. No 

19 common or contract carrier shall require or cause any 

20 label, tag, or other written notice to be placed on the out21 side of any package, luggage, or other container that such 

22 package, luggage, or other container contains a firearm. 

23 ‘‘(f) COMMON OR CONTRACT CARRIER OFFENSES.— 

24 ‘‘(1) It shall be unlawful for any common or 

25 contract carrier to transport or deliver in interstate 


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1 or foreign commerce any firearm or ammunition 

2 with knowledge or reasonable cause to believe that 

3 the shipment transportation, or receipt thereof 

4 would be in violation of this subchapter. 

5 ‘‘(2) It shall be unlawful for any common or 

6 contract carrier to deliver in interstate or foreign 

7 commerce any firearm without obtaining written ac8 knowledgement of receipt from the recipient of the 

9 package or other container in which there is a fire10 arm. 

11 ‘‘(g) PROHIBITIONS ON FIREARM-RELATED ACTIVI12 TIES BY CERTAIN PERSONS.—It shall be unlawful for any 

13 person— 

14 ‘‘(1) who has been convicted in any court of, a 

15 crime punishable by imprisonment for a term ex16 ceeding one year; 

17 ‘‘(2) who is a fugitive from justice; 

18 ‘‘(3) who is an unlawful user of or addicted to 

19 any controlled substance; 

20 ‘‘(4) who has been adjudicated as a mental de21 fective or who has been committed to a mental insti22 tution; 

23 ‘‘(5) who, being an alien— 

24 ‘‘(A) is illegally or unlawfully in the United 

25 States; or 


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1 ‘‘(B) except as provided in subsection 

2 (y)(2), has been admitted to the United States 

3 under a nonimmigrant visa (as that term is de4 fined in section 101(a)(26) of the Immigration 

5 and Nationality Act); 

6 ‘‘(6) who has been discharged from the Armed 

7 Forces under dishonorable conditions; 

8 ‘‘(7) who, having been a citizen of the United 

9 States, has renounced his citizenship; 

10 ‘‘(8) who is subject to a court order that— 

11 ‘‘(A) was issued after a hearing of which 

12 such person received actual notice, and at which 

13 such person had an opportunity to participate; 

14 ‘‘(B) restrains such person from harassing, 

15 stalking, or threatening an intimate partner of 

16 such person or child of such intimate partner or 

17 person, or engaging in other conduct that would 

18 place an intimate partner in reasonable fear of 

19 bodily injury to the partner or child; and 

20 ‘‘(C)(i) includes a finding that such person 

21 represents a credible threat to the physical safe22 ty of such intimate partner or child; or 

23 ‘‘(ii) by its terms explicitly prohibits the 

24 use, attempted use, or threatened use of phys25 ical force against such intimate partner or child 


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1 that would reasonably be expected to cause bod2 ily injury; or 

3 ‘‘(9) who has been convicted in any court of a 

4 misdemeanor crime of domestic violence, 

5 to ship or transport in interstate or foreign commerce, or 

6 possess in or affecting commerce, any firearm or ammuni7 tion; or to receive any firearm or ammunition which has 

8 been shipped or transported in interstate or foreign com9 merce. 

10 ‘‘(h) EMPLOYEE OFFENSE.—It shall be unlawful for 

11 any individual, who to that individual’s knowledge and 

12 while being employed for any person described in any 

13 paragraph of subsection (g) of this section, in the course 

14 of such employment— 

15 ‘‘(1) to receive, possess, or transport any fire16 arm or ammunition in or affecting interstate or for17 eign commerce; or 

18 ‘‘(2) to receive any firearm or ammunition 

19 which has been shipped or transported in interstate 

20 or foreign commerce. 

21 ‘‘(i) TRANSPORT OF STOLEN FIREARMS AND AMMU22 NITION.—It shall be unlawful for any person to transport 

23 or ship in interstate or foreign commerce, any stolen fire24 arms or stolen ammunition, knowing or having reasonable 


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1 cause to believe that the firearm or ammunition was sto2 len. 

3 ‘‘(j) POSSESSION AND DISPOSITION OF STOLEN

4 FIREARMS AND AMMUNITION.—It shall be unlawful for 

5 any person to receive, possess, conceal, store, barter, sell, 

6 or dispose of any stolen firearm or stolen ammunition, or 

7 pledge or accept as security for a loan any stolen firearm 

8 or stolen ammunition, which is moving as, which is a part 

9 of, which constitutes, or which has been shipped or trans10 ported in, interstate or foreign commerce, either before or 

11 after it was stolen, knowing or having reasonable cause 

12 to believe that the firearm or ammunition was stolen. 

13 ‘‘(k) SERIAL NUMBER OFFENSE.—It shall be unlaw14 ful for any person knowingly to transport, ship, or receive, 

15 in interstate or foreign commerce, any firearm which has 

16 had the importer’s or manufacturer’s serial number re17 moved, obliterated, or altered or to possess or receive any 

18 firearm which has had the importer’s or manufacturer’s 

19 serial number removed, obliterated, or altered and has, at 

20 any time, been shipped or transported in interstate or for21 eign commerce. 

22 ‘‘(l) IMPORTATION.—Except as provided in section 

23 585(d), it shall be unlawful for any person knowingly to 

24 import or bring into the United States or any possession 

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1 ful for any person knowingly to receive any firearm or am2 munition which has been imported or brought into the 

3 United States or any possession thereof in violation of this 

4 subchapter. 

5 ‘‘(m) FALSE ENTRY.—It shall be unlawful for any 

6 licensed importer, licensed manufacturer, licensed dealer, 

7 or licensed collector knowingly to make any false entry in, 

8 to fail to make appropriate entry in, or to fail to properly 

9 maintain, any record which he is required to keep pursu10 ant to section 583 or regulations promulgated thereunder. 

11 ‘‘(n) INDICTED PERSONS.—It shall be unlawful for 

12 any person who is under indictment for a crime punishable 

13 by imprisonment for a term exceeding one year to ship 

14 or transport in interstate or foreign commerce any firearm 

15 or ammunition or receive any firearm or ammunition 

16 which has been shipped or transported in interstate or for17 eign commerce. 

18 ‘‘(o) TRANSFER OR POSSESSION OF MACHINE19 GUNS.— 

20 ‘‘(1) Except as provided in paragraph (2), it 

21 shall be unlawful for any person to transfer or pos22 sess a machinegun. 

23 ‘‘(2) This subsection does not apply with re24 spect to— 


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1 ‘‘(A) a transfer to or by, or possession by 

2 or under the authority of, the United States or 

3 any department or agency thereof or a State, or 

4 a department, agency, or political subdivision 

5 thereof; or 

6 ‘‘(B) any lawful transfer or lawful posses7 sion of a machinegun that was lawfully pos8 sessed before the date this subsection takes ef9 fect. 

10 ‘‘(p) NONDETECTABLE FIREARMS.— 

11 ‘‘(1) It shall be unlawful for any person to man12 ufacture, import, sell, ship, deliver, possess, transfer, 

13 or receive any firearm— 

14 ‘‘(A) that, after removal of grips, stocks, 

15 and magazines, is not as detectable as the Se16 curity Exemplar, by walk-through metal detec17 tors calibrated and operated to detect the Secu18 rity Exemplar; or 

19 ‘‘(B) any major component of which, when 

20 subjected to inspection by the types of x-ray 

21 machines commonly used at airports, does not 

22 generate an image that accurately depicts the 

23 shape of the component. Barium sulfate or 

24 other compounds may be used in the fabrication 

25 of the component. 


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1 ‘‘(2) For purposes of this subsection— 

2 ‘‘(A) the term ‘firearm’ does not include 

3 the frame or receiver of any such weapon; 

4 ‘‘(B) the term ‘major component’ means, 

5 with respect to a firearm, the barrel, the slide 

6 or cylinder, or the frame or receiver of the fire7 arm; and 

8 ‘‘(C) the term ‘Security Exemplar’ means 

9 an object, to be fabricated at the direction of 

10 the Attorney General, that is— 

11 ‘‘(i) constructed of, during the 12- 

12 month period beginning on the date of the 

13 enactment of this subsection, 3.7 ounces of 

14 material type 17–4 PH stainless steel in a 

15 shape resembling a handgun; and 

16 ‘‘(ii) suitable for testing and cali17 brating metal detectors; 

18 but, at the close of such 12-month period, and 

19 at appropriate times thereafter the Attorney 

20 General shall prescribe regulations to permit 

21 the manufacture, importation, sale, shipment, 

22 delivery, possession, transfer, or receipt of fire23 arms previously prohibited under this subpara24 graph that are as detectable as a ‘Security Ex25 emplar’ which contains 3.7 ounces of material 


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1 type 17–4 PH stainless steel, in a shape resem2 bling a handgun, or such lesser amount as is 

3 detectable in view of advances in state-of-the4 art developments in weapons detection tech5 nology. 

6 ‘‘(3) Under such rules and regulations as the 

7 Attorney General shall prescribe, this subsection 

8 does not apply to the manufacture, possession, 

9 transfer, receipt, shipment, or delivery of a firearm 

10 by a licensed manufacturer or any person acting 

11 pursuant to a contract with a licensed manufacturer, 

12 for the purpose of examining and testing such fire13 arm to determine whether paragraph (1) applies to 

14 such firearm. The Attorney General shall ensure 

15 that rules and regulations adopted pursuant to this 

16 paragraph do not impair the manufacture of proto17 type firearms or the development of new technology. 

18 ‘‘(4) The Attorney General shall permit the 

19 conditional importation of a firearm by a licensed 

20 importer or licensed manufacturer, for examination 

21 and testing to determine whether or not the uncon22 ditional importation of such firearm would violate 

23 this subsection. 

24 ‘‘(5) This subsection does not apply to any fire25 arm which— 


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1 ‘‘(A) has been certified by the Secretary of 

2 Defense or the Director of Central Intelligence, 

3 after consultation with the Attorney General 

4 and the Administrator of the Federal Aviation 

5 Administration, as necessary for military or in6 telligence applications; and 

7 ‘‘(B) is manufactured for and sold exclu8 sively to military or intelligence agencies of the 

9 United States. 

10 ‘‘(6) This subsection does not apply with re11 spect to any firearm manufactured in, imported into, 

12 or possessed in the United States before the date of 

13 the enactment of the Undetectable Firearms Act of 

14 1988. 

15 ‘‘(q) SCHOOL ZONES.— 

16 ‘‘(1) The Congress finds and declares that— 

17 ‘‘(A) crime, particularly crime involving 

18 drugs and guns, is a pervasive, nationwide 

19 problem; 

20 ‘‘(B) crime at the local level is exacerbated 

21 by the interstate movement of drugs, guns, and 

22 criminal gangs; 

23 ‘‘(C) firearms and ammunition move easily 

24 in interstate commerce and have been found in 

25 increasing numbers in and around schools, as 


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1 documented in numerous hearings in both the 

2 Committee on the Judiciary of the House of 

3 Representatives and the Committee on the Ju4 diciary of the Senate; 

5 ‘‘(D) in fact, even before the sale of a fire6 arm, the gun, its component parts, ammunition, 

7 and the raw materials from which they are 

8 made have considerably moved in interstate 

9 commerce; 

10 ‘‘(E) while criminals freely move from 

11 State to State, ordinary citizens and foreign 

12 visitors may fear to travel to or through certain 

13 parts of the country due to concern about vio14 lent crime and gun violence, and parents may 

15 decline to send their children to school for the 

16 same reason; 

17 ‘‘(F) the occurrence of violent crime in 

18 school zones has resulted in a decline in the 

19 quality of education in our country; 

20 ‘‘(G) this decline in the quality of edu21 cation has an adverse impact on interstate com22 merce and the foreign commerce of the United 

23 States; 

24 ‘‘(H) States, localities, and school systems 

25 find it almost impossible to handle gun-related 


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1 crime by themselves—even States, localities, 

2 and school systems that have made strong ef3 forts to prevent, detect, and punish gun-related 

4 crime find their efforts unavailing due in part 

5 to the failure or inability of other States or lo6 calities to take strong measures; and 

7 ‘‘(I) the Congress has the power, under the 

8 interstate commerce clause and other provisions 

9 of the Constitution, to enact measures to ensure 

10 the integrity and safety of the Nation’s schools 

11 by enactment of this subsection. 

12 ‘‘(2)(A) It shall be unlawful for any individual 

13 knowingly to possess a firearm that has moved in or 

14 that otherwise affects interstate or foreign commerce 

15 at a place that the individual knows, or has reason16 able cause to believe, is a school zone. 

17 ‘‘(B) Subparagraph (A) does not apply to the 

18 possession of a firearm— 

19 ‘‘(i) on private property not part of school 

20 grounds; 

21 ‘‘(ii) if the individual possessing the fire22 arm is licensed to do so by the State in which 

23 the school zone is located or a political subdivi24 sion of the State, and the law of the State or 

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1 dividual obtains such a license, the law enforce2 ment authorities of the State or political sub3 division verify that the individual is qualified 

4 under law to receive the license; 

5 ‘‘(iii) that is— 

6 ‘‘(I) not loaded; and 

7 ‘‘(II) in a locked container, or a 

8 locked firearms rack that is on a motor ve9 hicle; 

10 ‘‘(iv) by an individual for use in a program 

11 approved by a school in the school zone; 

12 ‘‘(v) by an individual in accordance with a 

13 contract entered into between a school in the 

14 school zone and the individual or an employer 

15 of the individual; 

16 ‘‘(vi) by a law enforcement officer acting in 

17 his or her official capacity; or 

18 ‘‘(vii) that is unloaded and is possessed by 

19 an individual while traversing school premises 

20 for the purpose of gaining access to public or 

21 private lands open to hunting, if the entry on 

22 school premises is authorized by school authori23 ties. 

24 ‘‘(3)(A) Except as provided in subparagraph 

25 (B), it shall be unlawful for any person, knowingly 


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1 or with reckless disregard for the safety of another, 

2 to discharge or attempt to discharge a firearm that 

3 has moved in or that otherwise affects interstate or 

4 foreign commerce at a place that the person knows 

5 is a school zone. 

6 ‘‘(B) Subparagraph (A) does not apply to the 

7 discharge of a firearm— 

8 ‘‘(i) on private property not part of school 

9 grounds; 

10 ‘‘(ii) as part of a program approved by a 

11 school in the school zone, by an individual who 

12 is participating in the program; 

13 ‘‘(iii) by an individual in accordance with a 

14 contract entered into between a school in a 

15 school zone and the individual or an employer 

16 of the individual; or 

17 ‘‘(iv) by a law enforcement officer acting in 

18 his or her official capacity. 

19 ‘‘(r) IMPORTATION OF PARTS.—It shall be unlawful 

20 for any person to assemble from imported parts any semi21 automatic rifle or any shotgun which is identical to any 

22 rifle or shotgun prohibited from importation under section 

23 585(d)(3) as not being particularly suitable for or readily 

24 adaptable to sporting purposes except that this subsection 

25 does not apply to— 


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1 ‘‘(1) the assembly of any such rifle or shotgun 

2 for sale or distribution by a licensed manufacturer to 

3 the United States or any department or agency 

4 thereof or to any State or any department, agency, 

5 or political subdivision thereof; or 

6 ‘‘(2) the assembly of any such rifle or shotgun 

7 for the purposes of testing or experimentation au8 thorized by the Attorney General. 

9 ‘‘(s) BACKGROUND CHECK FOR HANDGUNS.— 

10 ‘‘(1) Beginning on the date that is 90 days 

11 after the date of enactment of this subsection and 

12 ending on the day before the date that is 60 months 

13 after such date of enactment, it shall be unlawful for 

14 any licensed importer, licensed manufacturer, or li15 censed dealer to sell, deliver, or transfer a handgun 

16 (other than the return of a handgun to the person 

17 from whom it was received) to an individual who is 

18 not licensed under section 583, unless— 

19 ‘‘(A) after the most recent proposal of such 

20 transfer by the transferee— 

21 ‘‘(i) the transferor has— 

22 ‘‘(I) received from the transferee 

23 a statement of the transferee con24 taining the information described in 

25 paragraph (3); 


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1 ‘‘(II) verified the identity of the 

2 transferee by examining the identifica3 tion document presented; 

4 ‘‘(III) within 1 day after the 

5 transferee furnishes the statement, 

6 provided notice of the contents of the 

7 statement to the chief law enforce8 ment officer of the place of residence 

9 of the transferee; and 

10 ‘‘(IV) within 1 day after the 

11 transferee furnishes the statement, 

12 transmitted a copy of the statement to 

13 the chief law enforcement officer of 

14 the place of residence of the trans15 feree; and 

16 ‘‘(ii)(I) 5 business days (meaning days 

17 on which State offices are open) have 

18 elapsed from the date the transferor fur19 nished notice of the contents of the state20 ment to the chief law enforcement officer, 

21 during which period the transferor has not 

22 received information from the chief law en23 forcement officer that receipt or possession 

24 of the handgun by the transferee would be 


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1 in violation of Federal, State, or local law; 

2 or 

3 ‘‘(II) the transferor has received no4 tice from the chief law enforcement officer 

5 that the officer has no information indi6 cating that receipt or possession of the 

7 handgun by the transferee would violate 

8 Federal, State, or local law; 

9 ‘‘(B) the transferee has presented to the 

10 transferor a written statement, issued by the 

11 chief law enforcement officer of the place of res12 idence of the transferee during the 10-day pe13 riod ending on the date of the most recent pro14 posal of such transfer by the transferee, stating 

15 that the transferee requires access to a hand16 gun because of a threat to the life of the trans17 feree or of any member of the household of the 

18 transferee; 

19 ‘‘(C)(i) the transferee has presented to the 

20 transferor a permit that— 

21 ‘‘(I) allows the transferee to possess 

22 or acquire a handgun; and 

23 ‘‘(II) was issued not more than 5 

24 years earlier by the State in which the 

25 transfer is to take place; and 


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1 ‘‘(ii) the law of the State provides that 

2 such a permit is to be issued only after an au3 thorized government official has verified that 

4 the information available to such official does 

5 not indicate that possession of a handgun by 

6 the transferee would be in violation of the law; 

7 ‘‘(D) the law of the State requires that, be8 fore any licensed importer, licensed manufac9 turer, or licensed dealer completes the transfer 

10 of a handgun to an individual who is not li11 censed under section 583, an authorized gov12 ernment official verify that the information 

13 available to such official does not indicate that 

14 possession of a handgun by the transferee 

15 would be in violation of law; 

16 ‘‘(E) the Attorney General has approved 

17 the transfer under section 5812 of the Internal 

18 Revenue Code of 1986; or 

19 ‘‘(F) on application of the transferor, the 

20 Attorney General has certified that compliance 

21 with subparagraph (A)(i)(III) is impracticable 

22 because— 

23 ‘‘(i) the ratio of the number of law en24 forcement officers of the State in which 

25 the transfer is to occur to the number of 


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1 square miles of land area of the State does 

2 not exceed 0.0025; 

3 ‘‘(ii) the business premises of the 

4 transferor at which the transfer is to occur 

5 are extremely remote in relation to the 

6 chief law enforcement officer; and 

7 ‘‘(iii) there is an absence of tele8 communications facilities in the geo9 graphical area in which the business prem10 ises are located. 

11 ‘‘(2) A chief law enforcement officer to whom a 

12 transferor has provided notice pursuant to para13 graph (1)(A)(i)(III) shall make a reasonable effort 

14 to ascertain within 5 business days whether receipt 

15 or possession would be in violation of the law, in16 cluding research in whatever State and local record17 keeping systems are available and in a national sys18 tem designated by the Attorney General. 

19 ‘‘(3) The statement referred to in paragraph 

20 (1)(A)(i)(I) shall contain only— 

21 ‘‘(A) the name, address, and date of birth 

22 appearing on a valid identification document 

23 (as defined in section 783(d)(3)) of the trans24 feree containing a photograph of the transferee 

25 and a description of the identification used; 


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1 ‘‘(B) a statement that the transferee— 

2 ‘‘(i) is not under indictment for, and 

3 has not been convicted in any court of, a 

4 crime punishable by imprisonment for a 

5 term exceeding 1 year, and has not been 

6 convicted in any court of a misdemeanor 

7 crime of domestic violence; 

8 ‘‘(ii) is not a fugitive from justice; 

9 ‘‘(iii) is not an unlawful user of or ad10 dicted to any controlled substance; 

11 ‘‘(iv) has not been adjudicated as a 

12 mental defective or been committed to a 

13 mental institution; 

14 ‘‘(v) is not an alien who— 

15 ‘‘(I) is illegally or unlawfully in 

16 the United States; or 

17 ‘‘(II) subject to subsection (y)(2), 

18 has been admitted to the United 

19 States under a nonimmigrant visa (as 

20 that term is defined in section 

21 101(a)(26) of the Immigration and 

22 Nationality Act); 

23 ‘‘(vi) has not been discharged from 

24 the Armed Forces under dishonorable con25 ditions; and 


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1 ‘‘(vii) is not a person who, having 

2 been a citizen of the United States, has re3 nounced such citizenship; 

4 ‘‘(C) the date the statement is made; and 

5 ‘‘(D) notice that the transferee intends to 

6 obtain a handgun from the transferor. 

7 ‘‘(4) Any transferor of a handgun who, after 

8 such transfer, receives a report from a chief law en9 forcement officer containing information that receipt 

10 or possession of the handgun by the transferee vio11 lates Federal, State, or local law shall, within 1 busi12 ness day after receipt of such request, communicate 

13 any information related to the transfer that the 

14 transferor has about the transfer and the transferee 

15 to— 

16 ‘‘(A) the chief law enforcement officer of 

17 the place of business of the transferor; and 

18 ‘‘(B) the chief law enforcement officer of 

19 the place of residence of the transferee. 

20 ‘‘(5) Any transferor who receives information, 

21 not otherwise available to the public, in a report 

22 under this subsection shall not disclose such infor23 mation except to the transferee, to law enforcement 

24 authorities, or pursuant to the direction of a court 

25 of law. 


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1 ‘‘(6)(A) Any transferor who sells, delivers, or 

2 otherwise transfers a handgun to a transferee shall 

3 retain the copy of the statement of the transferee 

4 with respect to the handgun transaction, and shall 

5 retain evidence that the transferor has complied with 

6 subclauses (III) and (IV) of paragraph (1)(A)(i) 

7 with respect to the statement. 

8 ‘‘(B) Unless the chief law enforcement officer to 

9 whom a statement is transmitted under paragraph 

10 (1)(A)(i)(IV) determines that a transaction would 

11 violate Federal, State, or local law— 

12 ‘‘(i) the officer shall, within 20 business 

13 days after the date the transferee made the 

14 statement on the basis of which the notice was 

15 provided, destroy the statement, any record 

16 containing information derived from the state17 ment, and any record created as a result of the 

18 notice required by paragraph (1)(A)(i)(III); 

19 ‘‘(ii) the information contained in the 

20 statement shall not be conveyed to any person 

21 except a person who has a need to know in 

22 order to carry out this subsection; and 

23 ‘‘(iii) the information contained in the 

24 statement shall not be used for any purpose 

25 other than to carry out this subsection. 


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1 ‘‘(C) If a chief law enforcement officer deter2 mines that an individual is ineligible to receive a 

3 handgun and the individual requests the officer to 

4 provide the reason for such determination, the offi5 cer shall provide such reasons to the individual in 

6 writing within 20 business days after receipt of the 

7 request. 

8 ‘‘(7) A chief law enforcement officer or other 

9 person responsible for providing criminal history 

10 background information pursuant to this subsection 

11 shall not be liable in an action at law for damages— 

12 ‘‘(A) for failure to prevent the sale or 

13 transfer of a handgun to a person whose receipt 

14 or possession of the handgun is unlawful under 

15 this section; or 

16 ‘‘(B) for preventing such a sale or transfer 

17 to a person who may lawfully receive or possess 

18 a handgun. 

19 ‘‘(8) For purposes of this subsection, the term 

20 ‘chief law enforcement officer’ means the chief of po21 lice, the sheriff, or an equivalent officer or the des22 ignee of any such individual. 

23 ‘‘(9) The Attorney General shall take necessary 

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1 section are published and disseminated to licensed 

2 dealers, law enforcement officials, and the public. 

3 ‘‘(t) INSTANT BACKGROUND CHECK.— 

4 ‘‘(1) Beginning on the date that is 30 days 

5 after the Attorney General notifies licensees under 

6 section 103(d) of the Brady Handgun Violence Pre7 vention Act that the national instant criminal back8 ground check system is established, a licensed im9 porter, licensed manufacturer, or licensed dealer 

10 shall not transfer a firearm to any other person who 

11 is not licensed under this chapter, unless— 

12 ‘‘(A) before the completion of the transfer, 

13 the licensee contacts the national instant crimi14 nal background check system established under 

15 section 103 of that Act; 

16 ‘‘(B)(i) the system provides the licensee 

17 with a unique identification number; or 

18 ‘‘(ii) 3 business days (meaning a day on 

19 which State offices are open) have elapsed since 

20 the licensee contacted the system, and the sys21 tem has not notified the licensee that the re22 ceipt of a firearm by such other person would 

23 violate subsection (g) or (n) of this section; and 

24 ‘‘(C) the transferor has verified the iden25 tity of the transferee by examining a valid idenVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00344 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 tification document (as defined in section 

2 783(d)) of the transferee containing a photo3 graph of the transferee. 

4 ‘‘(2) If receipt of a firearm would not violate 

5 subsection (g) or (n) or State law, the system 

6 shall— 

7 ‘‘(A) assign a unique identification number 

8 to the transfer; 

9 ‘‘(B) provide the licensee with the number; 

10 and 

11 ‘‘(C) destroy all records of the system with 

12 respect to the call (other than the identifying 

13 number and the date the number was assigned) 

14 and all records of the system relating to the 

15 person or the transfer. 

16 ‘‘(3) Paragraph (1) does not apply to a firearm 

17 transfer between a licensee and another person if— 

18 ‘‘(A)(i) such other person has presented to 

19 the licensee a permit that— 

20 ‘‘(I) allows such other person to pos21 sess or acquire a firearm; and 

22 ‘‘(II) was issued not more than 5 

23 years earlier by the State in which the 

24 transfer is to take place; and 


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1 ‘‘(ii) the law of the State provides that 

2 such a permit is to be issued only after an au3 thorized government official has verified that 

4 the information available to such official does 

5 not indicate that possession of a firearm by 

6 such other person would be in violation of law; 

7 ‘‘(B) the Attorney General has approved 

8 the transfer under section 5812 of the Internal 

9 Revenue Code of 1986; or 

10 ‘‘(C) on application of the transferor, the 

11 Attorney General has certified that compliance 

12 with paragraph (1)(A) is impracticable be13 cause— 

14 ‘‘(i) the ratio of the number of law en15 forcement officers of the State in which 

16 the transfer is to occur to the number of 

17 square miles of land area of the State does 

18 not exceed 0.0025; 

19 ‘‘(ii) the business premises of the li20 censee at which the transfer is to occur are 

21 extremely remote in relation to the chief 

22 law enforcement officer (as defined in sub23 section (s)(8)); and 

24 ‘‘(iii) there is an absence of tele25 communications facilities in the geoVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 graphical area in which the business prem2 ises are located. 

3 ‘‘(4) If the national instant criminal back4 ground check system notifies the licensee that the 

5 information available to the system does not dem6 onstrate that the receipt of a firearm by such other 

7 person would violate subsection (g) or (n) or State 

8 law, and the licensee transfers a firearm to such 

9 other person, the licensee shall include in the record 

10 of the transfer the unique identification number pro11 vided by the system with respect to the transfer. 

12 ‘‘(5) If the licensee knowingly transfers a fire13 arm to such other person and knowingly fails to 

14 comply with paragraph (1) of this subsection with 

15 respect to the transfer and, at the time such other 

16 person most recently proposed the transfer, the na17 tional instant criminal background check system was 

18 operating and information was available to the sys19 tem demonstrating that receipt of a firearm by such 

20 other person would violate subsection (g) or (n) of 

21 this section or State law, the Attorney General may, 

22 after notice and opportunity for a hearing, suspend 

23 for not more than 6 months or revoke any license 

24 issued to the licensee under section 583, and may 


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1 impose on the licensee a civil fine of not more than 

2 $5,000. 

3 ‘‘(6) Neither a local government nor an em4 ployee of the Federal Government or of any State or 

5 local government, responsible for providing informa6 tion to the national instant criminal background 

7 check system shall be liable in an action at law for 

8 damages— 

9 ‘‘(A) for failure to prevent the sale or 

10 transfer of a firearm to a person whose receipt 

11 or possession of the firearm is unlawful under 

12 this section; or 

13 ‘‘(B) for preventing such a sale or transfer 

14 to a person who may lawfully receive or possess 

15 a firearm. 

16 ‘‘(u) THEFT.—It shall be unlawful for a person to 

17 steal or unlawfully take or carry away from the person 

18 or the premises of a person who is licensed to engage in 

19 the business of importing, manufacturing, or dealing in 

20 firearms, any firearm in the licensee’s business inventory 

21 that has been shipped or transported in interstate or for22 eign commerce. 

23 ‘‘(v) TRANSFERS TO JUVENILES.— 

24 ‘‘(1) It shall be unlawful for a person to sell, 

25 deliver, or otherwise transfer to a person who the 


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1 transferor knows or has reasonable cause to believe 

2 is a juvenile— 

3 ‘‘(A) a handgun; or 

4 ‘‘(B) ammunition that is suitable for use 

5 only in a handgun. 

6 ‘‘(2) It shall be unlawful for any person who is 

7 a juvenile to knowingly possess— 

8 ‘‘(A) a handgun; or 

9 ‘‘(B) ammunition that is suitable for use 

10 only in a handgun. 

11 ‘‘(3) This subsection does not apply to— 

12 ‘‘(A) a temporary transfer of a handgun or 

13 ammunition to a juvenile or to the possession or 

14 use of a handgun or ammunition by a juvenile 

15 if the handgun and ammunition are possessed 

16 and used by the juvenile— 

17 ‘‘(i) in the course of employment, in 

18 the course of ranching or farming related 

19 to activities at the residence of the juvenile 

20 (or on property used for ranching or farm21 ing at which the juvenile, with the permis22 sion of the property owner or lessee, is per23 forming activities related to the operation 

24 of the farm or ranch), target practice, 


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1 hunting, or a course of instruction in the 

2 safe and lawful use of a handgun; 

3 ‘‘(ii) with the prior written consent of 

4 the juvenile’s parent or guardian who is 

5 not prohibited by Federal, State, or local 

6 law from possessing a firearm, except— 

7 ‘‘(I) during transportation by the 

8 juvenile of an unloaded handgun in a 

9 locked container directly from the 

10 place of transfer to a place at which 

11 an activity described in clause (i) is to 

12 take place and transportation by the 

13 juvenile of that handgun, unloaded 

14 and in a locked container, directly 

15 from the place at which such an activ16 ity took place to the transferor; or 

17 ‘‘(II) with respect to ranching or 

18 farming activities as described in 

19 clause (i), a juvenile may possess and 

20 use a handgun or ammunition with 

21 the prior written approval of the juve22 nile’s parent or legal guardian and at 

23 the direction of an adult who is not 

24 prohibited by Federal, State or local 

25 law from possessing a firearm; or 


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1 ‘‘(iii) the juvenile has the prior writ2 ten consent in the juvenile’s possession at 

3 all times when a handgun is in the posses4 sion of the juvenile; and 

5 ‘‘(iv) in accordance with State and 

6 local law; 

7 ‘‘(B) a juvenile who is a member of the 

8 Armed Forces of the United States or the Na9 tional Guard who possesses or is armed with a 

10 handgun in the line of duty; 

11 ‘‘(C) a transfer by inheritance of title (but 

12 not possession) of a handgun or ammunition to 

13 a juvenile; or 

14 ‘‘(D) the possession of a handgun or am15 munition by a juvenile taken in defense of the 

16 juvenile or other persons against an intruder 

17 into the residence of the juvenile or a residence 

18 in which the juvenile is an invited guest. 

19 ‘‘(4) A handgun or ammunition, the possession 

20 of which is transferred to a juvenile in circumstances 

21 in which the transferor is not in violation of this 

22 subsection shall not be subject to permanent confis23 cation by the Government if its possession by the ju24 venile subsequently becomes unlawful because of the 

25 conduct of the juvenile, but shall be returned to the 


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1 lawful owner when such handgun or ammunition is 

2 no longer required by the Government for the pur3 poses of investigation or prosecution. 

4 ‘‘(5) For purposes of this subsection, the term 

5 ‘juvenile’ means a person who is less than 18 years 

6 of age. 

7 ‘‘(6)(A) In a prosecution of a violation of this 

8 subsection, the court shall require the presence of a 

9 juvenile defendant’s parent or legal guardian at all 

10 proceedings. 

11 ‘‘(B) The court may use the contempt power to 

12 enforce subparagraph (A). 

13 ‘‘(C) The court may excuse attendance of a par14 ent or legal guardian of a juvenile defendant at a 

15 proceeding in a prosecution of a violation of this 

16 subsection for good cause shown. 

17 ‘‘(w) PROVISIONS RELATING TO ALIENS ADMITTED

18 UNDER NONIMMIGRANT VISAS.— 

19 ‘‘(1) DEFINITIONS.—In this subsection— 

20 ‘‘(A) the term ‘alien’ has the same mean21 ing as in section 101(a)(3) of the Immigration 

22 and Nationality Act; and 

23 ‘‘(B) the term ‘nonimmigrant visa’ has the 

24 same meaning as in section 101(a)(26) of the 

25 Immigration and Nationality Act. 


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1 ‘‘(2) EXCEPTIONS.—Subsections (d)(5)(B), 

2 (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any 

3 alien who has been lawfully admitted to the United 

4 States under a nonimmigrant visa, if that alien is— 

5 ‘‘(A) admitted to the United States for 

6 lawful hunting or sporting purposes or is in 

7 possession of a hunting license or permit law8 fully issued in the United States; 

9 ‘‘(B) an official representative of a foreign 

10 government who is— 

11 ‘‘(i) accredited to the United States 

12 Government or the Government’s mission 

13 to an international organization having its 

14 headquarters in the United States; or 

15 ‘‘(ii) en route to or from another 

16 country to which that alien is accredited; 

17 ‘‘(C) an official of a foreign government or 

18 a distinguished foreign visitor who has been so 

19 designated by the Department of State; or 

20 ‘‘(D) a foreign law enforcement officer of 

21 a friendly foreign government entering the 

22 United States on official law enforcement busi23 ness. 

24 ‘‘(3) WAIVER.— 


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1 ‘‘(A) CONDITIONS FOR WAIVER.—Any indi2 vidual who has been admitted to the United 

3 States under a nonimmigrant visa may receive 

4 a waiver from the requirements of subsection 

5 (g)(5), if— 

6 ‘‘(i) the individual submits to the At7 torney General a petition that meets the 

8 requirements of subparagraph (C); and 

9 ‘‘(ii) the Attorney General approves 

10 the petition. 

11 ‘‘(B) PETITION.—Each petition under sub12 paragraph (B) shall— 

13 ‘‘(i) demonstrate that the petitioner 

14 has resided in the United States for a con15 tinuous period of not less than 180 days 

16 before the date on which the petition is 

17 submitted under this paragraph; and 

18 ‘‘(ii) include a written statement from 

19 the embassy or consulate of the petitioner, 

20 authorizing the petitioner to acquire a fire21 arm or ammunition and certifying that the 

22 alien would not, absent the application of 

23 subsection (g)(5)(B), otherwise be prohib24 ited from such acquisition under subsection 

25 (g). 


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1 ‘‘(C) APPROVAL OF PETITION.—The Attor2 ney General shall approve a petition submitted 

3 in accordance with this paragraph, if the Attor4 ney General determines that waiving the re5 quirements of subsection (g)(5)(B) with respect 

6 to the petitioner— 

7 ‘‘(i) would be in the interests of jus8 tice; and 

9 ‘‘(ii) would not jeopardize the public 

10 safety. 

11 ‘‘(x) SECURE GUN STORAGE OR SAFETY DEVICE.— 

12 ‘‘(1) IN GENERAL.—Except as provided under 

13 paragraph (2), it shall be unlawful for any licensed 

14 importer, licensed manufacturer, or licensed dealer 

15 to sell, deliver, or transfer any handgun to any per16 son other than any person licensed under this chap17 ter, unless the transferee is provided with a secure 

18 gun storage or safety device (as defined in section 

19 581(29)) for that handgun. 

20 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not 

21 apply to— 

22 ‘‘(A)(i) the manufacture for, transfer to, or 

23 possession by, the United States, a department 

24 or agency of the United States, a State, or a 


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1 department, agency, or political subdivision of a 

2 State, of a handgun; or 

3 ‘‘(ii) the transfer to, or possession by, a 

4 law enforcement officer employed by an entity 

5 referred to in clause (i) of a handgun for law 

6 enforcement purposes (whether on or off duty); 

7 or 

8 ‘‘(B) the transfer to, or possession by, a 

9 rail police officer employed by a rail carrier and 

10 certified or commissioned as a police officer 

11 under the laws of a State of a handgun for pur12 poses of law enforcement (whether on or off 

13 duty); 

14 ‘‘(C) the transfer to any person of a hand15 gun listed as a curio or relic by the Secretary 

16 pursuant to section 581(a)(13); or 

17 ‘‘(D) the transfer to any person of a hand18 gun for which a secure gun storage or safety 

19 device is temporarily unavailable for the reasons 

20 described in the exceptions stated in section 

21 923(e), if the licensed manufacturer, licensed 

22 importer, or licensed dealer delivers to the 

23 transferee within 10 calendar days from the 

24 date of the delivery of the handgun to the 


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1 transferee a secure gun storage or safety device 

2 for the handgun. 

3 ‘‘(3) LIABILITY FOR USE.— 

4 ‘‘(A) IN GENERAL.—Notwithstanding any 

5 other provision of law, a person who has lawful 

6 possession and control of a handgun, and who 

7 uses a secure gun storage or safety device with 

8 the handgun, shall be entitled to immunity from 

9 a qualified civil liability action. 

10 ‘‘(B) PROSPECTIVE ACTIONS.—A qualified 

11 civil liability action may not be brought in any 

12 Federal or State court. 

13 ‘‘(C) DEFINED TERM.—As used in this 

14 paragraph, the term ‘qualified civil liability ac15 tion’— 

16 ‘‘(i) means a civil action brought by 

17 any person against a person described in 

18 subparagraph (A) for damages resulting 

19 from the criminal or unlawful misuse of 

20 the handgun by a third party, if— 

21 ‘‘(I) the handgun was accessed 

22 by another person who did not have 

23 the permission or authorization of the 

24 person having lawful possession and 


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1 control of the handgun to have access 

2 to it; and 

3 ‘‘(II) at the time access was 

4 gained by the person not so author5 ized, the handgun had been made in6 operable by use of a secure gun stor7 age or safety device; and 

8 ‘‘(ii) does not include an action 

9 brought against the person having lawful 

10 possession and control of the handgun for 

11 negligent entrustment or negligence per se. 

12 ‘‘§ 583. Licensing 

13 ‘‘(a) IN GENERAL.—No person shall engage in the 

14 business of importing, manufacturing, or dealing in fire15 arms, or importing or manufacturing ammunition, until 

16 he has filed an application with and received a license to 

17 do so from the Attorney General. The application shall 

18 be in such form and contain only that information nec19 essary to determine eligibility for licensing as the Attorney 

20 General shall by regulation prescribe and shall include a 

21 photograph and fingerprints of the applicant. Each appli22 cant shall pay a fee for obtaining such a license, a separate 

23 fee being required for each place in which the applicant 

24 is to do business, as follows: 

25 ‘‘(1) If the applicant is a manufacturer— 


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1 ‘‘(A) of destructive devices, ammunition for 

2 destructive devices or armor piercing ammuni3 tion, a fee of $1,000 per year; 

4 ‘‘(B) of firearms other than destructive de5 vices, a fee of $50 per year; or 

6 ‘‘(C) of ammunition for firearms, other 

7 than ammunition for destructive devices or 

8 armor piercing ammunition, a fee of $10 per 

9 year. 

10 ‘‘(2) If the applicant is an importer— 

11 ‘‘(A) of destructive devices, ammunition for 

12 destructive devices or armor piercing ammuni13 tion, a fee of $1,000 per year; or 

14 ‘‘(B) of firearms other than destructive de15 vices or ammunition for firearms other than de16 structive devices, or ammunition other than 

17 armor piercing ammunition, a fee of $50 per 

18 year. 

19 ‘‘(3) If the applicant is a dealer— 

20 ‘‘(A) in destructive devices or ammunition 

21 for destructive devices, a fee of $1,000 per year; 

22 or 

23 ‘‘(B) who is not a dealer in destructive de24 vices, a fee of $200 for 3 years, except that the 


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1 fee for renewal of a valid license shall be $90 

2 for 3 years. 

3 ‘‘(b) COLLECTORS.—Any person desiring to be li4 censed as a collector shall file an application for such li5 cense with the Attorney General. The application shall be 

6 in such form and contain only that information necessary 

7 to determine eligibility as the Attorney General shall by 

8 regulation prescribe. The fee for such license shall be $10 

9 per year. Any license granted under this subsection shall 

10 only apply to transactions in curios and relics. 

11 ‘‘(c) ISSUANCE.—Upon the filing of a proper applica12 tion and payment of the prescribed fee, the Attorney Gen13 eral shall issue to a qualified applicant the appropriate li14 cense which, subject to this chapter and other applicable 

15 provisions of law, shall entitle the licensee to transport, 

16 ship, and receive firearms and ammunition covered by 

17 such license in interstate or foreign commerce during the 

18 period stated in the license. Nothing in this chapter shall 

19 be construed to prohibit a licensed manufacturer, im20 porter, or dealer from maintaining and disposing of a per21 sonal collection of firearms, subject only to such restric22 tions as apply in this chapter to dispositions by a person 

23 other than a licensed manufacturer, importer, or dealer. 

24 If any firearm is so disposed of by a licensee within one 

25 year after its transfer from his business inventory into 


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1 such licensee’s personal collection or if such disposition or 

2 any other acquisition is made for the purpose of willfully 

3 evading the restrictions placed upon licensees by this chap4 ter, then such firearm shall be deemed part of such licens5 ee’s business inventory, except that any licensed manufac6 turer, importer, or dealer who has maintained a firearm 

7 as part of a personal collection for one year and who sells 

8 or otherwise disposes of such firearm shall record the de9 scription of the firearm in a bound volume, containing the 

10 name and place of residence and date of birth of the trans11 feree if the transferee is an individual, or the identity and 

12 principal and local places of business of the transferee if 

13 the transferee is a corporation or other business entity, 

14 but no other recordkeeping shall be required. 

15 ‘‘(d) REQUIREMENTS FOR GRANTING.— 

16 ‘‘(1) Any application submitted under sub17 section (a) or (b) of this section shall be approved 

18 if— 

19 ‘‘(A) the applicant is twenty-one years of 

20 age or over; 

21 ‘‘(B) the applicant (including, in the case 

22 of a corporation, partnership, or association, 

23 any individual possessing, directly or indirectly, 

24 the power to direct or cause the direction of the 

25 management and policies of the corporation, 


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1 partnership, or association) is not prohibited 

2 from transporting, shipping, or receiving fire3 arms or ammunition in interstate or foreign 

4 commerce under section 582(g) and (n); 

5 ‘‘(C) the applicant has not willfully violated 

6 any of the provisions of this subchapter or reg7 ulations issued thereunder; 

8 ‘‘(D) the applicant has not willfully failed 

9 to disclose any material information required, 

10 or has not made any false statement as to any 

11 material fact, in connection with his application; 

12 ‘‘(E) the applicant has in a State (i) prem13 ises from which he conducts business subject to 

14 license under this chapter or from which he in15 tends to conduct such business within a reason16 able period of time, or (ii) in the case of a col17 lector, premises from which he conducts his col18 lecting subject to license under this chapter or 

19 from which he intends to conduct such col20 lecting within a reasonable period of time; 

21 ‘‘(F) the applicant certifies that— 

22 ‘‘(i) the business to be conducted 

23 under the license is not prohibited by State 

24 or local law in the place where the licensed 

25 premise is located; 


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1 ‘‘(ii)(I) within 30 days after the appli2 cation is approved the business will comply 

3 with the requirements of State and local 

4 law applicable to the conduct of the busi5 ness; and 

6 ‘‘(II) the business will not be con7 ducted under the license until the require8 ments of State and local law applicable to 

9 the business have been met; and 

10 ‘‘(iii) that the applicant has sent or 

11 delivered a form to be prescribed by the 

12 Attorney General, to the chief law enforce13 ment officer of the locality in which the 

14 premises are located, which indicates that 

15 the applicant intends to apply for a Fed16 eral firearms license; and 

17 ‘‘(G) in the case of an application to be li18 censed as a dealer, the applicant certifies that 

19 secure gun storage or safety devices will be 

20 available at any place in which firearms are 

21 sold under the license to persons who are not 

22 licensees (subject to the exception that in any 

23 case in which a secure gun storage or safety de24 vice is temporarily unavailable because of theft, 

25 casualty loss, consumer sales, backorders from 


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1 a manufacturer, or any other similar reason be2 yond the control of the licensee, the dealer shall 

3 not be considered to be in violation of the re4 quirement under this subparagraph to make 

5 available such a device). 

6 ‘‘(2) The Attorney General must approve or 

7 deny an application for a license within the 60-day 

8 period beginning on the date it is received. If the At9 torney General fails to act within such period, the 

10 applicant may file an action under section 1361 of 

11 title 28 to compel the Attorney General to act. If the 

12 Attorney General approves an applicant’s applica13 tion, such applicant shall be issued a license upon 

14 the payment of the prescribed fee. 

15 ‘‘(e) REVOCATION.—The Attorney General may, after 

16 notice and opportunity for hearing, revoke any license 

17 issued under this section if the holder of such license has 

18 willfully violated any provision of this subchapter or any 

19 rule or regulation prescribed by the Attorney General 

20 under this chapter or fails to have secure gun storage or 

21 safety devices available at any place in which firearms are 

22 sold under the license to persons who are not licensees 

23 (except that in any case in which a secure gun storage 

24 or safety device is temporarily unavailable because of 

25 theft, casualty loss, consumer sales, backorders from a 


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1 manufacturer, or any other similar reason beyond the con2 trol of the licensee, the dealer shall not be considered to 

3 be in violation of the requirement to make available such 

4 a device). The Attorney General may, after notice and op5 portunity for hearing, revoke the license of a dealer who 

6 willfully transfers armor piercing ammunition. The Attor7 ney General’s action under this subsection may be re8 viewed only as provided in subsection (f) of this section. 

9 ‘‘(f) ADVERSE ACTIONS.— 

10 ‘‘(1) Any person whose application for a license 

11 is denied and any holder of a license which is re12 voked shall receive a written notice from the Attor13 ney General stating specifically the grounds upon 

14 which the application was denied or upon which the 

15 license was revoked. Any notice of a revocation of a 

16 license shall be given to the holder of such license 

17 before the effective date of the revocation. 

18 ‘‘(2) If the Attorney General denies an applica19 tion for, or revokes, a license, he shall, upon request 

20 by the aggrieved party, promptly hold a hearing to 

21 review his denial or revocation. In the case of a rev22 ocation of a license, the Attorney General shall upon 

23 the request of the holder of the license stay the ef24 fective date of the revocation. A hearing held under 


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1 this paragraph shall be held at a location convenient 

2 to the aggrieved party. 

3 ‘‘(3) If after a hearing held under paragraph 

4 (2) the Attorney General decides not to reverse his 

5 decision to deny an application or revoke a license, 

6 the Attorney General shall give notice of his decision 

7 to the aggrieved party. The aggrieved party may at 

8 any time within sixty days after the date notice was 

9 given under this paragraph file a petition with the 

10 United States district court for the district in which 

11 he resides or has his principal place of business for 

12 a de novo judicial review of such denial or revoca13 tion. In a proceeding conducted under this sub14 section, the court may consider any evidence sub15 mitted by the parties to the proceeding whether or 

16 not such evidence was considered at the hearing held 

17 under paragraph (2). If the court decides that the 

18 Attorney General was not authorized to deny the ap19 plication or to revoke the license, the court shall 

20 order the Attorney General to take such action as 

21 may be necessary to comply with the judgment of 

22 the court. 

23 ‘‘(4) If criminal proceedings are instituted 

24 against a licensee alleging any violation of this sub25 chapter or of rules or regulations prescribed under 


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1 this subchapter, and the licensee is acquitted of such 

2 charges, or such proceedings are terminated, other 

3 than upon motion of the Government before trial 

4 upon such charges, the Attorney General shall be 

5 absolutely barred from denying or revoking any li6 cense granted under this chapter where such denial 

7 or revocation is based in whole or in part on the 

8 facts which form the basis of such criminal charges. 

9 No proceedings for the revocation of a license shall 

10 be instituted by the Attorney General more than one 

11 year after the filing of the indictment or informa12 tion. 

13 ‘‘(g) RECORDKEEPING.— 

14 ‘‘(1)(A) Each licensed importer, licensed manu15 facturer, and licensed dealer shall maintain such 

16 records of importation, production, shipment, re17 ceipt, sale, or other disposition of firearms at his 

18 place of business for such period, and in such form, 

19 as the Attorney General may by regulations pre20 scribe. Such importers, manufacturers, and dealers 

21 shall not be required to submit to the Attorney Gen22 eral reports and information with respect to such 

23 records and the contents thereof, except as expressly 

24 required by this section. The Attorney General, when 

25 he has reasonable cause to believe a violation of this 


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1 subchapter has occurred and that evidence thereof 

2 may be found on such premises, may, upon dem3 onstrating such cause before a Federal magistrate 

4 judge and securing from such magistrate judge a 

5 warrant authorizing entry, enter during business 

6 hours the premises (including places of storage) of 

7 any licensed firearms importer, licensed manufac8 turer, licensed dealer, licensed collector, or any li9 censed importer or manufacturer of ammunition, for 

10 the purpose of inspecting or examining— 

11 ‘‘(i) any records or documents required to 

12 be kept by such licensed importer, licensed 

13 manufacturer, licensed dealer, or licensed col14 lector under this chapter or rules or regulations 

15 under this chapter, and 

16 ‘‘(ii) any firearms or ammunition kept or 

17 stored by such licensed importer, licensed man18 ufacturer, licensed dealer, or licensed collector, 

19 at such premises. 

20 ‘‘(B) The Attorney General may inspect or ex21 amine the inventory and records of a licensed im22 porter, licensed manufacturer, or licensed dealer 

23 without such reasonable cause or warrant— 


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1 ‘‘(i) in the course of a reasonable inquiry 

2 during the course of a criminal investigation of 

3 a person or persons other than the licensee; 

4 ‘‘(ii) for ensuring compliance with the 

5 record keeping requirements of this sub6 chapter— 

7 ‘‘(I) not more than once during any 

8 12-month period; or 

9 ‘‘(II) at any time with respect to 

10 records relating to a firearm involved in a 

11 criminal investigation that is traced to the 

12 licensee; or 

13 ‘‘(iii) when such inspection or examination 

14 may be required for determining the disposition 

15 of one or more particular firearms in the course 

16 of a bona fide criminal investigation. 

17 ‘‘(C) The Attorney General may inspect the in18 ventory and records of a licensed collector without 

19 such reasonable cause or warrant— 

20 ‘‘(i) for ensuring compliance with the 

21 record keeping requirements of this subchapter 

22 not more than once during any twelve-month 

23 period; or 

24 ‘‘(ii) when such inspection or examination 

25 may be required for determining the disposition 


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1 of one or more particular firearms in the course 

2 of a bona fide criminal investigation. 

3 ‘‘(D) At the election of a licensed collector, the 

4 annual inspection of records and inventory permitted 

5 under this paragraph shall be performed at the of6 fice of the Attorney General designated for such in7 spections which is located in closest proximity to the 

8 premises where the inventory and records of such li9 censed collector are maintained. The inspection and 

10 examination authorized by this paragraph shall not 

11 be construed as authorizing the Attorney General to 

12 seize any records or other documents other than 

13 those records or documents constituting material 

14 evidence of a violation of law. If the Attorney Gen15 eral seizes such records or documents, copies shall 

16 be provided the licensee within a reasonable time. 

17 The Attorney General may make available to any 

18 Federal, State, or local law enforcement agency any 

19 information which he may obtain by reason of this 

20 subchapter with respect to the identification of per21 sons prohibited from purchasing or receiving fire22 arms or ammunition who have purchased or received 

23 firearms or ammunition, together with a description 

24 of such firearms or ammunition, and he may provide 

25 information to the extent such information may be 


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1 contained in the records required to be maintained 

2 by this chapter, when so requested by any Federal, 

3 State, or local law enforcement agency. 

4 ‘‘(2) Each licensed collector shall maintain in a 

5 bound volume the nature of which the Attorney Gen6 eral may by regulations prescribe, records of the re7 ceipt, sale, or other disposition of firearms. Such 

8 records shall include the name and address of any 

9 person to whom the collector sells or otherwise dis10 poses of a firearm. Such collector shall not be re11 quired to submit to the Attorney General reports 

12 and information with respect to such records and 

13 the contents thereof, except as expressly required by 

14 this section. 

15 ‘‘(3)(A) Each licensee shall prepare a report of 

16 multiple sales or other dispositions whenever the li17 censee sells or otherwise disposes of, at one time or 

18 during any five consecutive business days, two or 

19 more pistols, or revolvers, or any combination of pis20 tols and revolvers totalling two or more, to an unli21 censed person. The report shall be prepared on a 

22 form specified by the Attorney General and for23 warded to the office specified thereon and to the de24 partment of State police or State law enforcement 

25 agency of the State or local law enforcement agency 


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1 of the local jurisdiction in which the sale or other 

2 disposition took place, not later than the close of 

3 business on the day that the multiple sale or other 

4 disposition occurs. 

5 ‘‘(B) Except in the case of forms and contents 

6 thereof regarding a purchaser who is prohibited by 

7 subsection (g) or (n) of section 582 from receipt of 

8 a firearm, the department of State police or State 

9 law enforcement agency or local law enforcement 

10 agency of the local jurisdiction shall not disclose any 

11 such form or the contents thereof to any person or 

12 entity, and shall destroy each such form and any 

13 record of the contents thereof no more than 20 days 

14 from the date such form is received. No later than 

15 the date that is 6 months after the effective date of 

16 this subparagraph, and at the end of each 6-month 

17 period thereafter, the department of State police or 

18 State law enforcement agency or local law enforce19 ment agency of the local jurisdiction shall certify to 

20 the Attorney General of the United States that no 

21 disclosure contrary to this subparagraph has been 

22 made and that all forms and any record of the con23 tents thereof have been destroyed as provided in this 

24 subparagraph. 


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1 ‘‘(4) Where a firearms or ammunition business 

2 is discontinued and succeeded by a new licensee, the 

3 records required to be kept by this chapter shall ap4 propriately reflect such facts and shall be delivered 

5 to the successor. Where discontinuance of the busi6 ness is absolute, such records shall be delivered with7 in thirty days after the business discontinuance to 

8 the Attorney General. However, where State law or 

9 local ordinance requires the delivery of records to 

10 other responsible authority, the Attorney General 

11 may arrange for the delivery of such records to such 

12 other responsible authority. 

13 ‘‘(5)(A) Each licensee shall, when required by 

14 letter issued by the Attorney General, and until noti15 fied to the contrary in writing by the Attorney Gen16 eral, submit on a form specified by the Attorney 

17 General, for periods and at the times specified in 

18 such letter, all record information required to be 

19 kept by this chapter or such lesser record informa20 tion as the Attorney General in such letter may 

21 specify. 

22 ‘‘(B) The Attorney General may authorize such 

23 record information to be submitted in a manner 

24 other than that prescribed in subparagraph (A) of 

25 this paragraph when it is shown by a licensee that 


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1 an alternate method of reporting is reasonably nec2 essary and will not unduly hinder the effective ad3 ministration of this subchapter. A licensee may use 

4 an alternate method of reporting if the licensee de5 scribes the proposed alternate method of reporting 

6 and the need therefor in a letter application sub7 mitted to the Attorney General, and the Attorney 

8 General approves such alternate method of report9 ing. 

10 ‘‘(6) Each licensee shall report the theft or loss 

11 of a firearm from the licensee’s inventory or collec12 tion, within 48 hours after the theft or loss is discov13 ered, to the Attorney General and to the appropriate 

14 local authorities. 

15 ‘‘(7) Each licensee shall respond immediately 

16 to, and in no event later than 24 hours after the re17 ceipt of, a request by the Attorney General for infor18 mation contained in the records required to be kept 

19 by this chapter as may be required for determining 

20 the disposition of 1 or more firearms in the course 

21 of a bona fide criminal investigation. The requested 

22 information shall be provided orally or in writing, as 

23 the Attorney General may require. The Attorney 

24 General shall implement a system whereby the li25 censee can positively identify and establish that an 


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1 individual requesting information via telephone is 

2 employed by and authorized by the agency to re3 quest such information. 

4 ‘‘(h) POSTING.—Licenses issued under subsection (c) 

5 of this section shall be kept posted and kept available for 

6 inspection on the premises covered by the license. 

7 ‘‘(i) SERIAL NUMBERS.—Licensed importers and li8 censed manufacturers shall identify by means of a serial 

9 number engraved or cast on the receiver or frame of the 

10 weapon, in such manner as the Attorney General shall by 

11 regulations prescribe, each firearm imported or manufac12 tured by such importer or manufacturer. 

13 ‘‘(j) TEMPORARY LOCATIONS.—A licensed importer, 

14 licensed manufacturer, or licensed dealer may, under rules 

15 or regulations prescribed by the Attorney General, conduct 

16 business temporarily at a location other than the location 

17 specified on the license if such temporary location is the 

18 location for a gun show or event sponsored by any na19 tional, State, or local organization, or any affiliate of any 

20 such organization devoted to the collection, competitive 

21 use, or other sporting use of firearms in the community, 

22 and such location is in the State which is specified on the 

23 license. Records of receipt and disposition of firearms 

24 transactions conducted at such temporary location shall 

25 include the location of the sale or other disposition and 


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1 shall be entered in the permanent records of the licensee 

2 and retained on the location specified on the license. Noth3 ing in this subsection shall authorize any licensee to con4 duct business in or from any motorized or towed vehicle. 

5 Notwithstanding subsection (a) of this section, a separate 

6 fee shall not be required of a licensee with respect to busi7 ness conducted under this subsection. Any inspection or 

8 examination of inventory or records under this chapter by 

9 the Attorney General at such temporary location shall be 

10 limited to inventory consisting of, or records relating to, 

11 firearms held or disposed at such temporary location. 

12 Nothing in this subsection shall be construed to authorize 

13 the Attorney General to inspect or examine the inventory 

14 or records of a licensed importer, licensed manufacturer, 

15 or licensed dealer at any location other than the location 

16 specified on the license. Nothing in this subsection shall 

17 be construed to diminish in any manner any right to dis18 play, sell, or otherwise dispose of firearms or ammunition, 

19 which is in effect before the date of the enactment of the 

20 Firearms Owners’ Protection Act, including the right of 

21 a licensee to conduct ‘curios or relics’ firearms transfers 

22 and business away from their business premises with an23 other licensee without regard as to whether the location 

24 of where the business is conducted is located in the State 

25 specified on the license of either licensee. 


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1 ‘‘(k) MARKING OF ARMOR PIERCING PROJECTILES

2 AND PACKAGES.—Licensed importers and licensed manu3 facturers shall mark all armor piercing projectiles and 

4 packages containing such projectiles for distribution in the 

5 manner prescribed by the Attorney General by regulation. 

6 The Attorney General shall furnish information to each 

7 dealer licensed under this chapter defining which projec8 tiles are considered armor piercing ammunition. 

9 ‘‘(l) NOTIFICATION.—The Attorney General shall no10 tify the chief law enforcement officer in the appropriate 

11 State and local jurisdictions of the names and addresses 

12 of all persons in the State to whom a firearms license is 

13 issued. 

14 ‘‘§ 584. Penalties 

15 ‘‘(a) IN GENERAL.— 

16 ‘‘(1) Except as otherwise provided in this sub17 section, subsection (b), (c), (f), or (p) of this section, 

18 or in section 592, whoever— 

19 ‘‘(A) knowingly makes any false statement 

20 or representation with respect to the informa21 tion required by this chapter to be kept in the 

22 records of a person licensed under this chapter 

23 or in applying for any license or exemption or 

24 relief from disability under this chapter; 


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1 ‘‘(B) knowingly violates subsection (a)(4), 

2 (f), (k), or (q) of section 582; 

3 ‘‘(C) knowingly imports or brings into the 

4 United States or any possession thereof any 

5 firearm or ammunition in violation of section 

6 582(l); or 

7 ‘‘(D) knowingly violates any other provi8 sion of this subchapter, 

9 shall be imprisoned not more than five years. 

10 ‘‘(2) Whoever knowingly violates subsection 

11 (a)(6), (d), (g), (h), (i), (j), or (o) of section 582 

12 shall be imprisoned not more than 10 years. 

13 ‘‘(3) Any licensed dealer, licensed importer, li14 censed manufacturer, or licensed collector who know15 ingly— 

16 ‘‘(A) makes any false statement or rep17 resentation with respect to the information re18 quired by this chapter to be kept in the records 

19 of a person licensed under this chapter, or 

20 ‘‘(B) violates subsection (m) of section 

21 582, 

22 shall be imprisoned not more than one year. 

23 ‘‘(4) Whoever violates section 582(q) shall be 

24 imprisoned for not more than 5 years. Notwith25 standing any other provision of law, the term of imVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00378 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 prisonment imposed under this paragraph shall not 

2 run concurrently with any other term of imprison3 ment imposed under any other provision of law. Ex4 cept for the authorization of a term of imprisonment 

5 of not more than 5 years made in this paragraph, 

6 for the purpose of any other law a violation of sec7 tion 582(q) shall be deemed to be a misdemeanor. 

8 ‘‘(5) Whoever knowingly violates subsection (s) 

9 or (t) of section 582 shall be imprisoned for not 

10 more than 1 year. 

11 ‘‘(6)(A)(i) A juvenile who violates section 

12 582(x) shall be imprisoned not more than 1 year, ex13 cept that a juvenile described in clause (ii) shall be 

14 sentenced to probation on appropriate conditions 

15 and shall not be incarcerated unless the juvenile fails 

16 to comply with a condition of probation. 

17 ‘‘(ii) A juvenile is described in this clause if— 

18 ‘‘(I) the offense of which the juvenile is 

19 charged is possession of a handgun or ammuni20 tion in violation of section 582(x)(2); and 

21 ‘‘(II) the juvenile has not been convicted in 

22 any court of an offense (including an offense 

23 under section 582(x) or a similar State law, but 

24 not including any other offense consisting of 

25 conduct that if engaged in by an adult would 


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1 not constitute an offense) or adjudicated as a 

2 juvenile delinquent for conduct that if engaged 

3 in by an adult would constitute an offense. 

4 ‘‘(B) A person other than a juvenile who know5 ingly violates section 582(x)— 

6 ‘‘(i) shall be imprisoned not more than 1 

7 year; and 

8 ‘‘(ii) if the person sold, delivered, or other9 wise transferred a handgun or ammunition to a 

10 juvenile knowing or having reasonable cause to 

11 know that the juvenile intended to carry or oth12 erwise possess or discharge or otherwise use the 

13 handgun or ammunition in the commission of a 

14 crime of violence, shall be imprisoned not more 

15 than 10 years. 

16 ‘‘(7) Whoever knowingly violates section 594 

17 shall be imprisoned not more than 3 years. 

18 ‘‘(b) TRANSPORT WITH INTENT.—Whoever, with in19 tent to commit therewith an offense punishable by impris20 onment for a term exceeding one year, or with knowledge 

21 or reasonable cause to believe that an offense punishable 

22 by imprisonment for a term exceeding one year is to be 

23 committed therewith, ships, transports, or receives a fire24 arm or any ammunition in interstate or foreign commerce 

25 shall be imprisoned not more than ten years. 


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1 ‘‘(c) MINIMUM MANDATORY PENALTIES.— 

2 ‘‘(1)(A) Except to the extent that a greater 

3 minimum sentence is otherwise provided by this sub4 section or by any other provision of law, whoever, 

5 during and in relation to any crime of violence or 

6 drug trafficking crime (including a crime of violence 

7 or drug trafficking crime that provides for an en8 hanced punishment if committed by the use of a 

9 deadly or dangerous weapon or device) for which the 

10 person may be prosecuted in a court of the United 

11 States, uses or carries a firearm, or who, in further12 ance of any such crime, possesses a firearm, shall, 

13 in addition to the punishment provided for such 

14 crime of violence or drug trafficking crime— 

15 ‘‘(i) be sentenced to a term of imprison16 ment of not less than 5 years; 

17 ‘‘(ii) if the firearm is brandished, be sen18 tenced to a term of imprisonment of not less 

19 than 7 years; and 

20 ‘‘(iii) if the firearm is discharged, be sen21 tenced to a term of imprisonment of not less 

22 than 10 years. 

23 ‘‘(B) If the firearm possessed by a person con24 victed of a violation of this subsection— 


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1 ‘‘(i) is a short-barreled rifle, short-barreled 

2 shotgun, or semiautomatic assault weapon, the 

3 person shall be sentenced to a term of imprison4 ment of not less than 10 years; or 

5 ‘‘(ii) is a machinegun or a destructive de6 vice, or is equipped with a firearm silencer or 

7 firearm muffler, the person shall be sentenced 

8 to a term of imprisonment of not less than 30 

9 years. 

10 ‘‘(C) In the case of a second or subsequent con11 viction under this subsection, the person shall— 

12 ‘‘(i) be sentenced to a term of imprison13 ment of not less than 25 years; and 

14 ‘‘(ii) if the firearm involved is a machine15 gun or a destructive device, or is equipped with 

16 a firearm silencer or firearm muffler, be sen17 tenced to imprisonment for life. 

18 ‘‘(D) Notwithstanding any other provision of 

19 law— 

20 ‘‘(i) a court shall not place on probation 

21 any person convicted of a violation of this sub22 section; and 

23 ‘‘(ii) no term of imprisonment imposed on 

24 a person under this subsection shall run concur25 rently with any other term of imprisonment imVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00382 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 posed on the person, including any term of im2 prisonment imposed for the crime of violence or 

3 drug trafficking crime during which the firearm 

4 was used, carried, or possessed. 

5 ‘‘(2) For purposes of this subsection, the term 

6 ‘drug trafficking crime’ means any felony punishable 

7 under chapter 17 of this title or chapter 705 of title 

8 46. 

9 ‘‘(3) For purposes of this subsection the term 

10 ‘crime of violence’ means an offense that is a felony 

11 and— 

12 ‘‘(A) has as an element the use, attempted 

13 use, or threatened use of physical force against 

14 the person or property of another, or 

15 ‘‘(B) that by its nature, involves a substan16 tial risk that physical force against the person 

17 or property of another may be used in the 

18 course of committing the offense. 

19 ‘‘(4) For purposes of this subsection, the term 

20 ‘brandish’ means, with respect to a firearm, to dis21 play all or part of the firearm, or otherwise make 

22 the presence of the firearm known to another per23 son, in order to intimidate that person, regardless of 

24 whether the firearm is directly visible to that person. 


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1 ‘‘(5) Except to the extent that a greater min2 imum sentence is otherwise provided under this sub3 section, or by any other provision of law, whoever, 

4 during and in relation to any crime of violence or 

5 drug trafficking crime (including a crime of violence 

6 or drug trafficking crime that provides for an en7 hanced punishment if committed by the use of a 

8 deadly or dangerous weapon or device) for which the 

9 person may be prosecuted in a court of the United 

10 States, uses or carries armor piercing ammunition, 

11 or who, in furtherance of any such crime, possesses 

12 armor piercing ammunition, shall, in addition to the 

13 punishment provided for such crime of violence or 

14 drug trafficking crime or conviction under this sec15 tion— 

16 ‘‘(A) be sentenced to a term of imprison17 ment of not less than 15 years; and 

18 ‘‘(B) if death results from the use of such 

19 ammunition be punished as provided in section 

20 101. 

21 ‘‘(d) FORFEITURE.—(1) Any firearm or ammunition 

22 involved in or used in any knowing violation of subsection 

23 (a)(4), (a)(6), (f), (g), (h), (i), (j), or (k) of section 582, 

24 or knowing importation or bringing into the United States 

25 or any possession thereof any firearm or ammunition in 


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1 violation of section 582(l), or knowing violation of section 

2 584, or willful violation of any other provision of this sub3 chapter or any rule or regulation promulgated thereunder, 

4 or any violation of any other criminal law of the United 

5 States, or any firearm or ammunition intended to be used 

6 in any offense referred to in paragraph (3) of this sub7 section, where such intent is demonstrated by clear and 

8 convincing evidence, shall be subject to seizure and for9 feiture, and all provisions of the Internal Revenue Code 

10 of 1986 relating to the seizure, forfeiture, and disposition 

11 of firearms, as defined in section 5845(a) of that Code, 

12 shall, so far as applicable, extend to seizures and forfeit13 ures under this subchapter, but upon acquittal of the 

14 owner or possessor, or dismissal of the charges against 

15 that defendant other than upon motion of the Government 

16 prior to trial, or lapse of or court termination of the re17 straining order to which he is subject, the seized or relin18 quished firearms or ammunition shall be returned forth19 with to the owner or possessor or to a person delegated 

20 by the owner or possessor unless the return of the firearms 

21 or ammunition would place the owner or possessor or his 

22 delegate in violation of law. Any action or proceeding for 

23 the forfeiture of firearms or ammunition shall be com24 menced within one hundred and twenty days of such sei25 zure. 


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1 ‘‘(2)(A) In any action or proceeding for the return 

2 of firearms or ammunition seized under this chapter, the 

3 court shall allow the prevailing party, other than the 

4 United States, a reasonable attorney’s fee, and the United 

5 States shall be liable therefor. 

6 ‘‘(B) In any other action or proceeding under this 

7 chapter, the court, when it finds that such action was 

8 without foundation, or was initiated vexatiously, frivo9 lously, or in bad faith, shall allow the prevailing party, 

10 other than the United States, a reasonable attorney’s fee, 

11 and the United States shall be liable therefor. 

12 ‘‘(C) Only those firearms or quantities of ammunition 

13 particularly named and individually identified as involved 

14 in or used in any violation of this subchapter or any rule 

15 or regulation issued thereunder, or any other criminal law 

16 of the United States or as intended to be used in any of17 fense referred to in paragraph (3) of this subsection, 

18 where such intent is demonstrated by clear and convincing 

19 evidence, shall be subject to seizure, forfeiture, and dis20 position. 

21 ‘‘(D) The United States shall be liable for attorneys’ 

22 fees under this paragraph only to the extent provided in 

23 advance by appropriation Acts. 

24 ‘‘(3) The offenses referred to in paragraphs (1) and 

25 (2)(C) of this subsection are— 


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1 ‘‘(A) any crime of violence, as that term is de2 fined in section 584(c)(3); 

3 ‘‘(B) any offense punishable under chapter 17; 

4 ‘‘(C) any offense described in section 582(a)(1), 

5 582(a)(3), 582(a)(5), or 582(b)(3), where the fire6 arm or ammunition intended to be used in any such 

7 offense is involved in a pattern of activities which in8 cludes a violation of any offense described in section 

9 582(a)(1), 582(a)(3), 582(a)(5), or 582(b)(3); 

10 ‘‘(D) any offense described in section 582(d) 

11 where the firearm or ammunition is intended to be 

12 used in such offense by the transferor of such fire13 arm or ammunition; 

14 ‘‘(E) any offense described in section 582(i), 

15 582(j), 582(l), 582(n), or 584(b); and 

16 ‘‘(F) any offense which may be prosecuted in a 

17 court of the United States which involves the expor18 tation of firearms or ammunition. 

19 ‘‘(e) MINIMUM MANDATORY FOR CERTAIN OF20 FENSES.—(1) In the case of a person who violates section 

21 582(g) and has three previous convictions by any court 

22 referred to in section 582(g)(1) for a violent felony or a 

23 serious drug offense, or both, committed on occasions dif24 ferent from one another, such person shall be imprisoned 

25 not less than fifteen years, and, notwithstanding any other 


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1 provision of law, the court shall not suspend the sentence 

2 of, or grant a probationary sentence to, such person with 

3 respect to the conviction under section 582(g). 

4 ‘‘(2) As used in this subsection— 

5 ‘‘(A) the term ‘serious drug offense’ means— 

6 ‘‘(i) an offense under chapter 17 or the 

7 Maritime Drug Law Enforcement Act for which 

8 a maximum term of imprisonment of ten years 

9 or more is prescribed by law; or 

10 ‘‘(ii) an offense under State law, involving 

11 manufacturing, distributing, or possessing with 

12 intent to manufacture or distribute, a controlled 

13 substance, for which a maximum term of im14 prisonment of ten years or more is prescribed 

15 by law; 

16 ‘‘(B) the term ‘violent felony’ means any crime 

17 punishable by imprisonment for a term exceeding 

18 one year, or any act of juvenile delinquency involving 

19 the use or carrying of a firearm, knife, or destructive 

20 device that would be punishable by imprisonment for 

21 such term if committed by an adult, that— 

22 ‘‘(i) has as an element the use, attempted 

23 use, or threatened use of physical force against 

24 the person of another; or 


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1 ‘‘(ii) is burglary, arson, or extortion, in2 volves use of explosives, or otherwise involves 

3 conduct that presents a serious potential risk of 

4 physical injury to another; and 

5 ‘‘(C) the term ‘conviction’ includes a finding 

6 that a person has committed an act of juvenile delin7 quency involving a violent felony. 

8 ‘‘(f) 582(p) VIOLATIONS.—In the case of a person 

9 who knowingly violates section 582(p), such person shall 

10 be or imprisoned not more than 5 years. 

11 ‘‘(g) TRAVEL WITH INTENT.—Whoever, with the in12 tent to engage in conduct which— 

13 ‘‘(1) constitutes an offense listed in section 

14 511(1), 

15 ‘‘(2) is punishable under chapter 17 or the 

16 Maritime Drug Law Enforcement Act, 

17 ‘‘(3) violates any State law relating to any con18 trolled substance, or 

19 ‘‘(4) constitutes a crime of violence (as defined 

20 in subsection (c)(3)), 

21 travels from any State or foreign country into any other 

22 State and acquires, transfers, or attempts to acquire or 

23 transfer, a firearm in such other State in furtherance of 

24 such purpose, shall be imprisoned not more than 10 years. 


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1 ‘‘(h) TRANSFER WITH KNOWLEDGE.—Whoever 

2 knowingly transfers a firearm, knowing that such firearm 

3 will be used to commit a crime of violence (as defined in 

4 subsection (c)(3)) or drug trafficking crime (as defined in 

5 subsection (c)(2)) shall be imprisoned not more than 10 

6 years. 

7 ‘‘(i) 582(u) VIOLATIONS.—(1) A person who know8 ingly violates section 582(u) shall be imprisoned not more 

9 than 10 years. 

10 ‘‘(2) Nothing contained in this subsection shall be 

11 construed as indicating an intent on the part of Congress 

12 to occupy the field in which provisions of this subsection 

13 operate to the exclusion of State laws on the same subject 

14 matter, nor shall any provision of this subsection be con15 strued as invalidating any provision of State law unless 

16 such provision is inconsistent with any of the purposes of 

17 this subsection. 

18 ‘‘(j) CAUSING DEATH.—A person who, in the course 

19 of a violation of subsection (c), causes the death of a per20 son through the use of a firearm, shall— 

21 ‘‘(1) if the killing is a murder (as defined in 

22 section 101), be punished by death or by imprison23 ment for any term of years or for life; and 


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1 ‘‘(2) if the killing is manslaughter (as defined 

2 in section 101), be punished as provided in section 

3 104. 

4 ‘‘(k) DRUG-RELATED OFFENSES.—A person who, 

5 with intent to engage in or to promote conduct that— 

6 ‘‘(1) is punishable under chapter 17 or the 

7 Maritime Drug Law Enforcement Act; 

8 ‘‘(2) violates any law of a State relating to any 

9 controlled substance; or 

10 ‘‘(3) constitutes a crime of violence (as defined 

11 in subsection (c)(3)), 

12 smuggles or knowingly brings into the United States a 

13 firearm, or attempts to do so, shall be imprisoned not 

14 more than 10 years. 

15 ‘‘(l) THEFT OF FIREARMS RELATED TO COM16 MERCE.—A person who steals any firearm which is moving 

17 as, or is a part of, or which has moved in, interstate or 

18 foreign commerce shall be imprisoned for not more than 

19 10 years. 

20 ‘‘(m) THEFT OF FIREARMS FROM LICENSEES.—A 

21 person who steals any firearm from a licensed importer, 

22 licensed manufacturer, licensed dealer, or licensed col23 lector shall be imprisoned not more than 10 years. 

24 ‘‘(n) TRAVEL WITH INTENT.—A person who, with 

25 the intent to engage in conduct that constitutes a violation 


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1 of section 582(a)(1)(A), travels from any State or foreign 

2 country into any other State and acquires, or attempts 

3 to acquire, a firearm in such other State in furtherance 

4 of such purpose shall be imprisoned for not more than 10 

5 years. 

6 ‘‘(o) CONSPIRACY.—A person who conspires to com7 mit an offense under subsection (c) shall be imprisoned 

8 for not more than 20 years; and if the firearm is a ma9 chinegun or destructive device, or is equipped with a fire10 arm silencer or muffler, shall be imprisoned for any term 

11 of years or life. 

12 ‘‘(p) PENALTIES RELATING TO SECURE GUN STOR13 AGE OR SAFETY DEVICE.— 

14 ‘‘(1) IN GENERAL.— 

15 ‘‘(A) SUSPENSION OR REVOCATION OF LI16 CENSE; CIVIL PENALTIES.—With respect to 

17 each violation of section 582(x)(1) by a licensed 

18 manufacturer, licensed importer, or licensed 

19 dealer, the Secretary may, after notice and op20 portunity for hearing— 

21 ‘‘(i) suspend for not more than 6 

22 months, or revoke, the license issued to the 

23 licensee under this chapter that was used 

24 to conduct the firearms transfer; or 


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1 ‘‘(ii) subject the licensee to a civil 

2 penalty in an amount equal to not more 

3 than $2,500. 

4 ‘‘(B) REVIEW.—An action of the Secretary 

5 under this paragraph may be reviewed only as 

6 provided under section 583(f). 

7 ‘‘(2) ADMINISTRATIVE REMEDIES.—The sus8 pension or revocation of a license or the imposition 

9 of a civil penalty under paragraph (1) does not pre10 clude any administrative remedy that is otherwise 

11 available to the Secretary. 

12 ‘‘§ 585. Exceptions; relief from disabilities 

13 ‘‘(a)(1) TO UNITED STATES AGENCIES.—This chap14 ter, except sections 582(d)(9) and 582(g)(9) and provi15 sions relating to firearms subject to the prohibitions of 

16 section 582(p), does not apply with respect to the trans17 portation, shipment, receipt, possession, or importation of 

18 any firearm or ammunition imported for, sold or shipped 

19 to, or issued for the use of, the United States or any de20 partment or agency thereof or any State or any depart21 ment, agency, or political subdivision thereof. 

22 ‘‘(2) This chapter, except for provisions relating to 

23 firearms subject to the prohibitions of section 582(p), does 

24 not apply with respect to (A) the shipment or receipt of 

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1 retary of the Army pursuant to section 4308 of title 10 

2 before the repeal of such section by section 1624(a) of the 

3 Corporation for the Promotion of Rifle Practice and Fire4 arms Safety Act, and (B) the transportation of any such 

5 firearm or ammunition carried out to enable a person, who 

6 lawfully received such firearm or ammunition from the 

7 Secretary of the Army, to engage in military training or 

8 in competitions. 

9 ‘‘(3) Unless otherwise prohibited by this chapter, ex10 cept for provisions relating to firearms subject to the pro11 hibitions of section 582(p), or any other Federal law, a 

12 licensed importer, licensed manufacturer, or licensed deal13 er may ship to a member of the United States Armed 

14 Forces on active duty outside the United States or to 

15 clubs, recognized by the Department of Defense, whose en16 tire membership is composed of such members, and such 

17 members or clubs may receive a firearm or ammunition 

18 determined by the Attorney General to be generally recog19 nized as particularly suitable for sporting purposes and 

20 intended for the personal use of such member or club. 

21 ‘‘(4) When established to the satisfaction of the At22 torney General to be consistent with this chapter, except 

23 for provisions relating to firearms subject to the prohibi24 tions of section 582(p), and other applicable Federal and 

25 State laws and published ordinances, the Attorney General 


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1 may authorize the transportation, shipment, receipt, or 

2 importation into the United States to the place of resi3 dence of any member of the United States Armed Forces 

4 who is on active duty outside the United States (or who 

5 has been on active duty outside the United States within 

6 the 60-day period immediately preceding the transpor7 tation, shipment, receipt, or importation), of any firearm 

8 or ammunition which is (A) determined by the Attorney 

9 General to be generally recognized as particularly suitable 

10 for sporting purposes, or determined by the Department 

11 of Defense to be a type of firearm normally classified as 

12 a war souvenir, and (B) intended for the personal use of 

13 such member. 

14 ‘‘(5) For the purpose of paragraph (3), the term 

15 ‘United States’ means each of the several States and the 

16 District of Columbia. 

17 ‘‘(b) CONTINUATION OF OPERATION.—A licensed im18 porter, licensed manufacturer, licensed dealer, or licensed 

19 collector who is indicted for a crime punishable by impris20 onment for a term exceeding one year, may, notwith21 standing any other provision of this subchapter, continue 

22 operation pursuant to his existing license (if prior to the 

23 expiration of the term of the existing license timely appli24 cation is made for a new license) during the term of such 


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1 indictment and until any conviction pursuant to the indict2 ment becomes final. 

3 ‘‘(c) RELIEF FROM DISABILITY.—A person who is 

4 prohibited from possessing, shipping, transporting, or re5 ceiving firearms or ammunition may make application to 

6 the Attorney General for relief from the disabilities im7 posed by Federal laws with respect to the acquisition, re8 ceipt, transfer, shipment, transportation, or possession of 

9 firearms, and the Attorney General may grant such relief 

10 if it is established to his satisfaction that the cir11 cumstances regarding the disability, and the applicant’s 

12 record and reputation, are such that the applicant will not 

13 be likely to act in a manner dangerous to public safety 

14 and that the granting of the relief would not be contrary 

15 to the public interest. Any person whose application for 

16 relief from disabilities is denied by the Attorney General 

17 may file a petition with the United States district court 

18 for the district in which he resides for a judicial review 

19 of such denial. The court may in its discretion admit addi20 tional evidence where failure to do so would result in a 

21 miscarriage of justice. A licensed importer, licensed manu22 facturer, licensed dealer, or licensed collector conducting 

23 operations under this chapter, who makes application for 

24 relief from the disabilities incurred under this chapter, 

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1 ations under his license pending final action on an applica2 tion for relief filed pursuant to this section. Whenever the 

3 Attorney General grants relief to any person pursuant to 

4 this section he shall promptly publish in the Federal Reg5 ister notice of such action, together with the reasons there6 for. 

7 ‘‘(d) AUTHORIZATION OF IMPORT.—The Attorney 

8 General shall authorize a firearm or ammunition to be im9 ported or brought into the United States or any possession 

10 thereof if the firearm or ammunition— 

11 ‘‘(1) is being imported or brought in for sci12 entific or research purposes, or is for use in connec13 tion with competition or training pursuant to chap14 ter 401 of title 10; 

15 ‘‘(2) is an unserviceable firearm, other than a 

16 machinegun as defined in section 5845(b) of the In17 ternal Revenue Code of 1986 (not readily restorable 

18 to firing condition), imported or brought in as a 

19 curio or museum piece; 

20 ‘‘(3) is of a type that does not fall within the 

21 definition of a firearm as defined in section 5845(a) 

22 of the Internal Revenue Code of 1986 and is gen23 erally recognized as particularly suitable for or read24 ily adaptable to sporting purposes, excluding surplus 

25 military firearms, except in any case where the AtVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00397 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 torney General has not authorized the importation of 

2 the firearm pursuant to this paragraph, it shall be 

3 unlawful to import any frame, receiver, or barrel of 

4 such firearm which would be prohibited if assembled; 

5 or 

6 ‘‘(4) was previously taken out of the United 

7 States or a possession by the person who is bringing 

8 in the firearm or ammunition. 

9 The Attorney General shall permit the conditional impor10 tation or bringing in of a firearm or ammunition for exam11 ination and testing in connection with the making of a 

12 determination as to whether the importation or bringing 

13 in of such firearm or ammunition will be allowed under 

14 this subsection. 

15 ‘‘(e) MANDATORY AUTHORIZATION.—Notwith16 standing any other provision of this title, the Attorney 

17 General shall authorize the importation of, by any licensed 

18 importer, the following: 

19 ‘‘(1) all rifles and shotguns listed as curios or 

20 relics by the Attorney General pursuant to section 

21 581(11), and 

22 ‘‘(2) all handguns, listed as curios or relics by 

23 the Attorney General pursuant to section 581(11), 

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1 nized as particularly suitable for or readily adaptable 

2 to sporting purposes. 

3 ‘‘(f) LIMITATION ON AUTHORIZATION.—The Attor4 ney General shall not authorize, under subsection (d), the 

5 importation of any firearm the importation of which is 

6 prohibited by section 582(p). 

7 ‘‘§ 586. Remedy for erroneous denial of firearm 

8 ‘‘Any person denied a firearm pursuant to subsection 

9 (s) or (t) of section 582— 

10 ‘‘(1) due to the provision of erroneous informa11 tion relating to the person by any State or political 

12 subdivision thereof, or by the national instant crimi13 nal background check system established under sec14 tion 103 of the Brady Handgun Violence Prevention 

15 Act; or 

16 ‘‘(2) who was not prohibited from receipt of a 

17 firearm pursuant to subsection (g) or (n) of section 

18 582, 

19 may bring an action against the State or political subdivi20 sion responsible for providing the erroneous information, 

21 or responsible for denying the transfer, or against the 

22 United States, as the case may be, for an order directing 

23 that the erroneous information be corrected or that the 

24 transfer be approved, as the case may be. In any action 

25 under this section, the court, in its discretion, may allow 


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1 the prevailing party a reasonable attorney’s fee as part 

2 of the costs. 

3 ‘‘§ 587. Rules and regulations 

4 ‘‘(a) IN GENERAL.—The Attorney General may pre5 scribe only such rules and regulations as are necessary to 

6 carry out this chapter, including— 

7 ‘‘(1) regulations providing that a person li8 censed under this chapter, when dealing with an9 other person so licensed, shall provide such other li10 censed person a certified copy of this license; 

11 ‘‘(2) regulations providing for the issuance, at 

12 a reasonable cost, to a person licensed under this 

13 chapter, of certified copies of his license for use as 

14 provided under regulations issued under paragraph 

15 (1) of this subsection; and 

16 ‘‘(3) regulations providing for effective receipt 

17 and secure storage of firearms relinquished by or 

18 seized from persons described in subsection (d)(8) or 

19 (g)(8) of section 582. 

20 No such rule or regulation prescribed after the date of 

21 the enactment of the Firearms Owners’ Protection Act 

22 may require that records required to be maintained under 

23 this chapter or any portion of the contents of such records, 

24 be recorded at or transferred to a facility owned, managed, 

25 or controlled by the United States or any State or any 


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1 political subdivision thereof, nor that any system of reg2 istration of firearms, firearms owners, or firearms trans3 actions or dispositions be established. Nothing in this sec4 tion expands or restricts the Attorney General’s authority 

5 to inquire into the disposition of any firearm in the course 

6 of a criminal investigation. 

7 ‘‘(b) NOTICE.—The Attorney General shall give not 

8 less than ninety days public notice, and shall afford inter9 ested parties opportunity for hearing, before prescribing 

10 such rules and regulations. 

11 ‘‘(c) BLACK POWDER.—The Attorney General shall 

12 not prescribe rules or regulations that require purchasers 

13 of black powder under the exemption provided in section 

14 615 to complete affidavits or forms attesting to that ex15 emption. 

16 ‘‘§ 588. Interstate transportation of firearms 

17 ‘‘Notwithstanding any other provision of any law or 

18 any rule or regulation of a State or any political subdivi19 sion thereof, any person who is not otherwise prohibited 

20 by this chapter from transporting, shipping, or receiving 

21 a firearm shall be entitled to transport a firearm for any 

22 lawful purpose from any place where he may lawfully pos23 sess and carry such firearm to any other place where he 

24 may lawfully possess and carry such firearm if, during 

25 such transportation the firearm is unloaded, and neither 


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1 the firearm nor any ammunition being transported is read2 ily accessible or is directly accessible from the passenger 

3 compartment of such transporting vehicle, but in the case 

4 of a vehicle without a compartment separate from the driv5 er’s compartment the firearm or ammunition shall be con6 tained in a locked container other than the glove compart7 ment or console. 

8 ‘‘§ 589. Carrying of concealed firearms by qualified 

9 law enforcement officers 

10 ‘‘(a) IN GENERAL.—Notwithstanding any other pro11 vision of the law of any State or any political subdivision 

12 thereof, an individual who is a qualified law enforcement 

13 officer and who is carrying the identification required by 

14 subsection (c) may carry a concealed firearm that has been 

15 shipped or transported in interstate or foreign commerce. 

16 ‘‘(b) DEFINITION OF ‘QUALIFIED LAW ENFORCE17 MENT OFFICER’.—As used in this section, the term ‘quali18 fied law enforcement officer’ means an employee of a gov19 ernmental agency who— 

20 ‘‘(1) is authorized by law to engage in or super21 vise the prevention, detection, investigation, or pros22 ecution of, or the incarceration of any person for, 

23 any violation of law, and has statutory powers of ar24 rest or apprehension under section 807(b) of title 


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1 10, United States Code (article 7(b) of the Uniform 

2 Code of Military Justice); 

3 ‘‘(2) is authorized by the agency to carry a fire4 arm; 

5 ‘‘(3) is not the subject of any disciplinary action 

6 by the agency which could result in suspension or 

7 loss of police powers; 

8 ‘‘(4) meets standards, if any, established by the 

9 agency which require the employee to regularly qual10 ify in the use of a firearm; 

11 ‘‘(5) is not under the influence of alcohol or an12 other intoxicating or hallucinatory drug or sub13 stance; and 

14 ‘‘(6) is not prohibited by Federal law from re15 ceiving a firearm. 

16 ‘‘(c) REQUIRED IDENTIFICATION.—The identification 

17 required by this subsection is the photographic identifica18 tion issued by the governmental agency for which the indi19 vidual is employed that identifies the employee as a police 

20 officer or law enforcement officer of the agency. 

21 ‘‘(d) DEFINITION OF ‘FIREARM’.—As used in this 

22 section, the term ‘firearm’— 

23 ‘‘(1) except as provided in this subsection, has 

24 the same meaning as in section 581; 


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1 ‘‘(2) includes ammunition not expressly prohib2 ited by Federal law or subject to the National Fire3 arms Act; and 

4 ‘‘(3) does not include— 

5 ‘‘(A) any machinegun; 

6 ‘‘(B) any firearm silencer; and 

7 ‘‘(C) any destructive device. 

8 ‘‘(e) CERTAIN GOVERNMENTAL OR QUASI9 GOVERNMENTAL POLICE AGENCIES.—For the purposes of 

10 this section, a law enforcement officer of the Amtrak Po11 lice Department, a law enforcement officer of the Federal 

12 Reserve, or a law enforcement or police officer of the exec13 utive branch of the Federal Government qualifies as an 

14 employee of a governmental agency who is authorized by 

15 law to engage in or supervise the prevention, detection, 

16 investigation, or prosecution of, or the incarceration of any 

17 person for, any violation of law, and has statutory powers 

18 of arrest or apprehension under section 807(b) of title 10, 

19 United States Code (article 7(b) of the Uniform Code of 

20 Military Justice). 

21 ‘‘§ 590. Carrying of concealed firearms by qualified 

22 retired law enforcement officers 

23 ‘‘(a) IN GENERAL.—Notwithstanding any other pro24 vision of the law of any State or any political subdivision 

25 thereof, an individual who is a qualified retired law enVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00404 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 forcement officer and who is carrying the identification re2 quired by subsection (c) may carry a concealed firearm 

3 that has been shipped or transported in interstate or for4 eign commerce. 

5 ‘‘(b) DEFINITION OF ‘QUALIFIED RETIRED LAW EN6 FORCEMENT OFFICER’.—As used in this section, the term 

7 ‘qualified retired law enforcement officer’ means an indi8 vidual who— 

9 ‘‘(1) separated from service in good standing 

10 from service with a public agency as a law enforce11 ment officer; 

12 ‘‘(2) before such separation, was authorized by 

13 law to engage in or supervise the prevention, detec14 tion, investigation, or prosecution of, or the incarcer15 ation of any person for, any violation of law, and 

16 had statutory powers of arrest or apprehension 

17 under section 807(b) of title 10, United States Code 

18 (article 7(b) of the Uniform Code of Military Jus19 tice); 

20 ‘‘(3)(A) before such separation, served as a law 

21 enforcement officer for an aggregate of 10 years or 

22 more; or 

23 ‘‘(B) separated from service with such agency, 

24 after completing any applicable probationary period 


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1 of such service, due to a service-connected disability, 

2 as determined by such agency; 

3 ‘‘(4) during the most recent 12-month period, 

4 has met, at the expense of the individual, the stand5 ards for qualification in firearms training for active 

6 law enforcement officers, as determined by the 

7 former agency of the individual, the State in which 

8 the individual resides or, if the State has not estab9 lished such standards, either a law enforcement 

10 agency within the State in which the individual re11 sides or the standards used by a certified firearms 

12 instructor that is qualified to conduct a firearms 

13 qualification test for active duty officers within that 

14 State; 

15 ‘‘(5)(A) has not been officially found by a quali16 fied medical professional employed by the agency to 

17 be unqualified for reasons relating to mental health 

18 and as a result of this finding will not be issued the 

19 photographic identification as described in sub20 section (d)(1); or 

21 ‘‘(B) has not entered into an agreement with 

22 the agency from which the individual is separating 

23 from service in which that individual acknowledges 

24 he or she is not qualified under this section for rea25 sons relating to mental health and for those reasons 


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1 will not receive or accept the photographic identifica2 tion as described in subsection (d)(1); 

3 ‘‘(6) is not under the influence of alcohol or an4 other intoxicating or hallucinatory drug or sub5 stance; and 

6 ‘‘(7) is not prohibited by Federal law from re7 ceiving a firearm. 

8 ‘‘(c) IDENTIFICATION.—The identification required 

9 by this subsection is— 

10 ‘‘(1) a photographic identification issued by the 

11 agency from which the individual separated from 

12 service as a law enforcement officer that identifies 

13 the person as having been employed as a police offi14 cer or law enforcement officer and indicates that the 

15 individual has, not less recently than one year before 

16 the date the individual is carrying the concealed fire17 arm, been tested or otherwise found by the agency 

18 to meet the active duty standards for qualification in 

19 firearms training as established by the agency to 

20 carry a firearm of the same type as the concealed 

21 firearm; or 

22 ‘‘(2)(A) a photographic identification issued by 

23 the agency from which the individual separated from 

24 service as a law enforcement officer that identifies 


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1 the person as having been employed as a police offi2 cer or law enforcement officer; and 

3 ‘‘(B) a certification issued by the State in which 

4 the individual resides or by a certified firearms in5 structor that is qualified to conduct a firearms quali6 fication test for active duty officers within that State 

7 that indicates that the individual has, not less than 

8 1 year before the date the individual is carrying the 

9 concealed firearm, been tested or otherwise found by 

10 the State or a certified firearms instructor that is 

11 qualified to conduct a firearms qualification test for 

12 active duty officers within that State to have met— 

13 ‘‘(i) the active duty standards for qualifica14 tion in firearms training, as established by the 

15 State, to carry a firearm of the same type as 

16 the concealed firearm; or 

17 ‘‘(ii) if the State has not established such 

18 standards, standards set by any law enforce19 ment agency within that State to carry a fire20 arm of the same type as the concealed firearm. 

21 ‘‘(d) ADDITIONAL DEFINITIONS.—As used in this 

22 section— 

23 ‘‘(1) the term ‘firearm’— 

24 ‘‘(A) except as provided in this paragraph, 

25 has the same meaning as in section 581; 


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1 ‘‘(B) includes ammunition not expressly 

2 prohibited by Federal law or subject to the Na3 tional Firearms Act; and 

4 ‘‘(C) does not include— 

5 ‘‘(i) any machinegun; 

6 ‘‘(ii) any firearm silencer; and 

7 ‘‘(iii) any destructive device; and 

8 ‘‘(2) the term ‘service with a public agency as 

9 a law enforcement officer’ includes service as a law 

10 enforcement officer of the Amtrak Police Depart11 ment, service as a law enforcement officer of the 

12 Federal Reserve, or service as a law enforcement or 

13 police officer of the executive branch of the Federal 

14 Government. 

15 ‘‘§ 591. Use of restricted ammunition 

16 ‘‘(a) OFFENSE.—(1) Whoever, during and in relation 

17 to the commission of a crime of violence or drug traf18 ficking crime (including a crime of violence or drug traf19 ficking crime which provides for an enhanced punishment 

20 if committed by the use of a deadly or dangerous weapon 

21 or device) for which he may be prosecuted in a court of 

22 the United States, uses or carries a firearm and is in pos23 session of armor piercing ammunition capable of being 

24 fired in that firearm, shall, in addition to the punishment 

25 provided for the commission of such crime of violence or 


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1 drug trafficking crime be sentenced to a term of imprison2 ment for not less than five years. 

3 ‘‘(2) DEFINITION.—For purposes of this subsection, 

4 the term ‘drug trafficking crime’ means any felony punish5 able under chapter 17 of this title or chapter 705 of title 

6 46. 

7 ‘‘(b) LIMITATION ON CERTAIN ACTIONS BY

8 COURT.—Notwithstanding any other provision of law, the 

9 court shall not suspend the sentence of any person con10 victed of a violation of this section, nor place the person 

11 on probation, nor shall the terms of imprisonment run 

12 concurrently with any other terms of imprisonment, in13 cluding that imposed for the crime in which the armor 

14 piercing ammunition was used or possessed. 

15 ‘‘§ 592. Possession of firearms and dangerous weap16 ons in Federal facilities 

17 ‘‘(a) IN GENERAL.—Except as provided in subsection 

18 (d), whoever knowingly possesses or causes to be present 

19 a firearm or other dangerous weapon in a Federal facility 

20 (other than a Federal court facility), or attempts to do 

21 so, shall be imprisoned not more than 1 year. 

22 ‘‘(b) AGGRAVATED OFFENSE.—Whoever, with intent 

23 that a firearm or other dangerous weapon be used in the 

24 commission of a crime, knowingly possesses or causes to 

25 be present such firearm or dangerous weapon in a Federal 


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1 facility, or attempts to do so, shall be imprisoned not more 

2 than 5 years. 

3 ‘‘(c) WHERE KILLING RESULTS.—A person who kills 

4 any person in the course of a violation of subsection (a) 

5 or (b), or in the course of an attack on a Federal facility 

6 involving the use of a firearm or other dangerous weapon 

7 shall be punished as provided in subchapter A of chapter 

8 10. 

9 ‘‘(d) Subsection (a) does not apply to— 

10 ‘‘(1) the lawful performance of official duties by 

11 an officer, agent, or employee of the United States, 

12 a State, or a political subdivision thereof, who is au13 thorized by law to engage in or supervise the preven14 tion, detection, investigation, or prosecution of any 

15 violation of law; 

16 ‘‘(2) the possession of a firearm or other dan17 gerous weapon by a Federal official or a member of 

18 the Armed Forces if such possession is authorized by 

19 law; or 

20 ‘‘(3) the lawful carrying of firearms or other 

21 dangerous weapons in a Federal facility incident to 

22 hunting or other lawful purposes. 

23 ‘‘(e) COURT FACILITY.—(1) Except as provided in 

24 paragraph (2), whoever knowingly possesses or causes to 

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1 tempts to do so, shall be imprisoned not more than 2 

2 years. 

3 ‘‘(2) Paragraph (1) does not apply to conduct which 

4 is described in paragraph (1) or (2) of subsection (d). 

5 ‘‘(f) DISCLAIMER.—Nothing in this section limits the 

6 power of a court of the United States to punish for con7 tempt or to promulgate rules or orders regulating, restrict8 ing, or prohibiting the possession of weapons within any 

9 building housing such court or any of its proceedings, or 

10 upon any grounds appurtenant to such building. 

11 ‘‘(g) DEFINITIONS.—As used in this section: 

12 ‘‘(1) The term ‘Federal facility’ means a build13 ing or part thereof owned or leased by the Federal 

14 Government, where Federal employees are regularly 

15 present for the purpose of performing their official 

16 duties. 

17 ‘‘(2) The term ‘dangerous weapon’ means a 

18 weapon, device, instrument, material, or substance, 

19 animate or inanimate, that is used for, or is readily 

20 capable of, causing death or serious bodily injury, 

21 except that such term does not include a pocket 

knife with a blade of less than 21 22 ⁄2 inches in length. 

23 ‘‘(3) The term ‘Federal court facility’ means 

24 the courtroom, judges’ chambers, witness rooms, 

25 jury deliberation rooms, attorney conference rooms, 


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1 prisoner holding cells, offices of the court clerks, the 

2 United States attorney, and the United States mar3 shal, probation and parole offices, and adjoining cor4 ridors of any court of the United States. 

5 ‘‘(h) POSTING.—Notice of the provisions of sub6 sections (a) and (b) shall be posted conspicuously at each 

7 public entrance to each Federal facility, and notice of sub8 section (e) shall be posted conspicuously at each public 

9 entrance to each Federal court facility, and no person 

10 shall be convicted of an offense under subsection (a) or 

11 (e) with respect to a Federal facility if such notice is not 

12 so posted at such facility, unless such person had actual 

13 notice of subsection (a) or (e), as the case may be. 

14 ‘‘§ 593. Prohibition on purchase, ownership, or pos15 session of body armor by violent felons 

16 ‘‘(a) IN GENERAL.—Except as provided in subsection 

17 (b), it shall be unlawful for a person to purchase, own, 

18 or possess body armor, if that person has been convicted 

19 of a felony that is— 

20 ‘‘(1) a crime of violence; or 

21 ‘‘(2) an offense under State law that would con22 stitute a crime of violence under paragraph (1) if it 

23 occurred within the special maritime and territorial 

24 jurisdiction of the United States. 

25 ‘‘(b) AFFIRMATIVE DEFENSE.— 


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1 ‘‘(1) IN GENERAL.—It shall be an affirmative 

2 defense under this section that— 

3 ‘‘(A) the defendant obtained prior written 

4 certification from his or her employer that the 

5 defendant’s purchase, use, or possession of body 

6 armor was necessary for the safe performance 

7 of lawful business activity; and 

8 ‘‘(B) the use and possession by the defend9 ant were limited to the course of such perform10 ance. 

11 ‘‘(2) EMPLOYER.—In this subsection, the term 

12 ‘employer’ means any other individual employed by 

13 the defendant’s business that supervises defendant’s 

14 activity. If that defendant has no supervisor, prior 

15 written certification is acceptable from any other 

16 employee of the business. 

17 ‘‘SUBCHAPTER C—EXPLOSIVES 

‘‘601. Prohibited transactions involving nuclear materials. 

18 ‘‘§ 601. Prohibited transactions involving nuclear ma19 terials 

20 ‘‘(a) OFFENSE.—Whoever, if one of the cir21 cumstances described in subsection (c) of this section oc22 curs— 

23 ‘‘(1) without lawful authority, intentionally re24 ceives, possesses, uses, transfers, alters, disposes of, 


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1 or disperses any nuclear material or nuclear byprod2 uct material and— 

3 ‘‘(A) thereby knowingly causes the death of 

4 or serious bodily injury to any person or sub5 stantial damage to property or to the environ6 ment; or 

7 ‘‘(B) circumstances exist, or have been rep8 resented to the defendant to exist, that are like9 ly to cause the death or serious bodily injury to 

10 any person, or substantial damage to property 

11 or to the environment; 

12 ‘‘(2) with intent to deprive another of nuclear 

13 material or nuclear byproduct material, knowingly— 

14 ‘‘(A) takes and carries away nuclear mate15 rial or nuclear byproduct material of another 

16 without authority; 

17 ‘‘(B) makes an unauthorized use, disposi18 tion, or transfer, of nuclear material or nuclear 

19 byproduct material belonging to another; or 

20 ‘‘(C) uses fraud and thereby obtains nu21 clear material or nuclear byproduct material be22 longing to another; 

23 ‘‘(3) knowingly— 

24 ‘‘(A) uses force; or 


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1 ‘‘(B) threatens or places another in fear 

2 that any person other than the actor will immi3 nently be subject to bodily injury; 

4 and thereby takes nuclear material or nuclear by5 product material belonging to another from the per6 son or presence of any other; 

7 ‘‘(4) intentionally intimidates any person and 

8 thereby obtains nuclear material or nuclear byprod9 uct material belonging to another; 

10 ‘‘(5) with intent to compel any person, inter11 national organization, or governmental entity to do 

12 or refrain from doing any act, knowingly threatens 

13 to engage in conduct described in paragraph (2)(A) 

14 or (3) of this subsection; 

15 ‘‘(6) knowingly threatens to use nuclear mate16 rial or nuclear byproduct material to cause death or 

17 serious bodily injury to any person or substantial 

18 damage to property or to the environment under cir19 cumstances in which the threat may reasonably be 

20 understood as an expression of serious purposes; 

21 ‘‘(7) attempts to commit an offense under para22 graph (1), (2), (3), or (4) of this subsection; or 

23 ‘‘(8) is a party to a conspiracy of two or more 

24 persons to commit an offense under paragraph (1), 

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1 ties intentionally engages in any conduct in further2 ance of such offense; 

3 shall be punished as provided in subsection (b) of this sec4 tion. 

5 ‘‘(b) PUNISHMENT.—The punishment for an offense 

6 under— 

7 ‘‘(1) paragraphs (1) through (7) of subsection 

8 (a) of this section is— 

9 ‘‘(A) a fine under this title; and 

10 ‘‘(B) imprisonment— 

11 ‘‘(i) for any term of years or for life 

12 (I) if, while committing the offense, the of13 fender knowingly causes the death of any 

14 person; or (II) if, while committing an of15 fense under paragraph (1) or (3) of sub16 section (a) of this section, the offender, 

17 under circumstances manifesting extreme 

18 indifference to the life of an individual, 

19 knowingly engages in any conduct and 

20 thereby recklessly causes the death of or 

21 serious bodily injury to any person; and 

22 ‘‘(ii) for not more than 20 years in 

23 any other case; and 

24 ‘‘(2) paragraph (8) of subsection (a) of this sec25 tion is— 


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1 ‘‘(A) a fine under this title; and 

2 ‘‘(B) imprisonment— 

3 ‘‘(i) for not more than 20 years if the 

4 offense which is the object of the con5 spiracy is punishable under paragraph 

6 (1)(B)(i); and 

7 ‘‘(ii) for not more than 10 years in 

8 any other case. 

9 ‘‘(c) CIRCUMSTANCES.—The circumstances referred 

10 to in subsection (a) of this section are that— 

11 ‘‘(1) the offense is committed in the United 

12 States or the special maritime and territorial juris13 diction of the United States, or the special aircraft 

14 jurisdiction of the United States (as defined in sec15 tion 46501 of title 49); 

16 ‘‘(2) an offender or a victim is— 

17 ‘‘(A) a national of the United States; or 

18 ‘‘(B) a United States corporation or other 

19 legal entity; 

20 ‘‘(3) after the conduct required for the offense 

21 occurs the defendant is found in the United States, 

22 even if the conduct required for the offense occurs 

23 outside the United States; 

24 ‘‘(4) the conduct required for the offense occurs 

25 with respect to the carriage of a consignment of nuVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00418 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 clear material or nuclear byproduct material for 

2 peaceful purposes by any means of transportation 

3 intended to go beyond the territory of the state 

4 where the shipment originates beginning with the 

5 departure from a facility of the shipper in that state 

6 and ending with the arrival at a facility of the re7 ceiver within the state of ultimate destination and 

8 either of such states is the United States; or 

9 ‘‘(5) either— 

10 ‘‘(A) the governmental entity under sub11 section (a)(5) is the United States; or 

12 ‘‘(B) the threat under subsection (a)(6) is 

13 directed at the United States. 

14 ‘‘(d) ASSISTANCE IN ACCORDANCE WITH CHAPTER

15 18 OF TITLE 10.—The Attorney General may request as16 sistance from the Secretary of Defense under chapter 18 

17 of title 10 in the enforcement of this section and the Sec18 retary of Defense may provide such assistance in accord19 ance with chapter 18 of title 10, except that the Secretary 

20 of Defense may provide such assistance through any De21 partment of Defense personnel. 

22 ‘‘(e) OTHER ASSISTANCE.— 

23 ‘‘(1) The Attorney General may also request as24 sistance from the Secretary of Defense under this 

25 subsection in the enforcement of this section. NotVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00419 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 withstanding section 292, the Secretary of Defense 

2 may, in accordance with other applicable law, pro3 vide such assistance to the Attorney General if— 

4 ‘‘(A) an emergency situation exists (as 

5 jointly determined by the Attorney General and 

6 the Secretary of Defense in their discretion); 

7 and 

8 ‘‘(B) the provision of such assistance will 

9 not adversely affect the military preparedness 

10 of the United States (as determined by the Sec11 retary of Defense in such Secretary’s discre12 tion). 

13 ‘‘(2) As used in this subsection, the term ‘emer14 gency situation’ means a circumstance— 

15 ‘‘(A) that poses a serious threat to the in16 terests of the United States; and 

17 ‘‘(B) in which— 

18 ‘‘(i) enforcement of the law would be 

19 seriously impaired if the assistance were 

20 not provided; and 

21 ‘‘(ii) civilian law enforcement per22 sonnel are not capable of enforcing the 

23 law. 

24 ‘‘(3) Assistance under this section may in25 clude— 


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1 ‘‘(A) use of personnel of the Department 

2 of Defense to arrest persons and conduct 

3 searches and seizures with respect to violations 

4 of this section; and 

5 ‘‘(B) such other activity as is incidental to 

6 the enforcement of this section, or to the pro7 tection of persons or property from conduct 

8 that violates this section. 

9 ‘‘(4) The Secretary of Defense may require re10 imbursement as a condition of assistance under this 

11 section. 

12 ‘‘(5) The Attorney General may delegate the 

13 Attorney General’s function under this subsection 

14 only to a Deputy, Associate, or Assistant Attorney 

15 General. 

16 ‘‘(f) DEFINITIONS.—As used in this section— 

17 ‘‘(1) the term ‘nuclear material’ means material 

18 containing any— 

19 ‘‘(A) plutonium; 

20 ‘‘(B) uranium not in the form of ore or ore 

21 residue that contains the mixture of isotopes as 

22 occurring in nature; 

23 ‘‘(C) enriched uranium, defined as ura24 nium that contains the isotope 233 or 235 or 

25 both in such amount that the abundance ratio 


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1 of the sum of those isotopes to the isotope 238 

2 is greater than the ratio of the isotope 235 to 

3 the isotope 238 occurring in nature; or 

4 ‘‘(D) uranium 233; 

5 ‘‘(2) the term ‘nuclear byproduct material’ 

6 means any material containing any radioactive iso7 tope created through an irradiation process in the 

8 operation of a nuclear reactor or accelerator; 

9 ‘‘(3) the term ‘international organization’ 

10 means a public international organization designated 

11 as such pursuant to section 1 of the International 

12 Organizations Immunities Act or a public organiza13 tion created pursuant to treaty or other agreement 

14 under international law as an instrument through or 

15 by which two or more foreign governments engage in 

16 some aspect of their conduct of international affairs; 

17 and 

18 ‘‘(4) the term ‘United States corporation or 

19 other legal entity’ means any corporation or other 

20 entity organized under the laws of the United States 

21 or any State of the United States. 

22 ‘‘SUBCHAPTER D—IMPORTATION, MANUFAC23 TURE, DISTRIBUTION, AND STORAGE OF 

24 EXPLOSIVE MATERIALS 

‘‘611. Definitions. 

‘‘612. Unlawful Acts. 

‘‘613. Licenses and user permits. 


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‘‘614. Penalties. 

‘‘615. Exceptions; relief from disabilities. 

‘‘616. Additional powers of the Attorney General. 

‘‘617. Rules and regulations. 

1 ‘‘§ 611. Definitions 

2 ‘‘In this subchapter the following definitions apply: 

3 ‘‘(1) The term ‘explosive materials’ means ex4 plosives, blasting agents, and detonators. 

5 ‘‘(2) Except for the purposes of subsections (d), 

6 (e), (f), (g), (h), (i), and (j) of section 614, the term 

7 ‘explosives’ means any chemical compound mixture, 

8 or device, the primary or common purpose of which 

9 is to function by explosion; the term includes, but is 

10 not limited to, dynamite and other high explosives, 

11 black powder, pellet powder, initiating explosives, 

12 detonators, safety fuses, squibs, detonating cord, ig13 niter cord, and igniters. The Attorney General shall 

14 publish and revise at least annually in the Federal 

15 Register a list of these and any additional explosives 

16 which he determines to be within the coverage of 

17 this subchapter. For the purposes of subsections (d), 

18 (e), (f), (g), (h), and (i) of section 614, the term ‘ex19 plosive’ is defined in subsection (j) of such section 

20 614. 

21 ‘‘(3) The term ‘blasting agent’ means any mate22 rial or mixture, consisting of fuel and oxidizer, in23 tended for blasting, not otherwise defined as an exVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00423 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 plosive, if the finished product, as mixed for use or 

2 shipment, cannot be detonated by means of a num3 bered 8 test blasting cap when unconfined. 

4 ‘‘(4) The term ‘detonator’ means any device 

5 containing a detonating charge that is used for initi6 ating detonation in an explosive; the term includes 

7 electric blasting caps of instantaneous and delay 

8 types, blasting caps for use with safety fuses and 

9 detonating-cord delay connectors. 

10 ‘‘(5) The term ‘importer’ means any person en11 gaged in the business of importing or bringing explo12 sive materials into the United States for purposes of 

13 sale or distribution. 

14 ‘‘(6) The term ‘manufacturer’ means any per15 son engaged in the business of manufacturing explo16 sive materials for purposes of sale or distribution or 

17 for that person’s own use. 

18 ‘‘(7) The term ‘dealer’ means any person en19 gaged in the business of distributing explosive mate20 rials at wholesale or retail. 

21 ‘‘(8) The term ‘permittee’ means any user of 

22 explosives for a lawful purpose, who has obtained ei23 ther a user permit or a limited permit under this 

24 chapter. 


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1 ‘‘(9) The term ‘Attorney General’ means the 

2 Attorney General of the United States. 

3 ‘‘(10) The term ‘crime punishable by imprison4 ment for a term exceeding one year’ does not mean 

5 (A) any Federal or State offenses pertaining to anti6 trust violations, unfair trade practices, restraints of 

7 trade, or other similar offenses relating to the regu8 lation of business practices as the Attorney General 

9 may by regulation designate, or (B) any State of10 fense (other than one involving a firearm or explo11 sive) classified by the laws of the State as a mis12 demeanor and punishable by a term of imprisonment 

13 of two years or less. 

14 ‘‘(11) The term ‘licensee’ means any importer, 

15 manufacturer, or dealer licensed under this chapter. 

16 ‘‘(12) The term ‘distribute’ means sell, issue, 

17 give, transfer, or otherwise dispose of. 

18 ‘‘(13) The term ‘convention on the Marking of 

19 Plastic Explosives’ means the Convention on the 

20 Marking of Plastic Explosives for the Purpose of 

21 Detection, Done at Montreal on 1 March 1991. 

22 ‘‘(14) The term ‘detection agent’ means any 

23 one of the substances specified in this subsection 

24 when introduced into a plastic explosive or formu25 lated in such explosive as a part of the manufacVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00425 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 turing process in such a manner as to achieve homo2 geneous distribution in the finished explosive, includ3 ing— 

4 ‘‘(A) Ethylene glycol dinitrate (EGDN), 

5 C2H4(NO3)2, molecular weight 152, when the 

6 minimum concentration in the finished explosive 

7 is 0.2 percent by mass; 

8 ‘‘(B) 2,3–Dimethyl-2,3-dinitrobutane 

9 (DMNB); 

10 ‘‘(C) Para-Mononitrotoluene (p-MNT), 

11 C7H7NO2, molecular weight 137, when the min12 imum concentration in the finished explosive is 

13 0.5 percent by mass; 

14 ‘‘(D) Ortho-Mononitrotoluene (o-MNT), 

15 C7H7NO2, molecular weight 137, when the minimum 

16 concentration in the finished explosive is 0.5 percent 

17 by mass; and 

18 ‘‘(E) any other substance in the concentra19 tion specified by the Attorney General, after 

20 consultation with the Secretary of State and the 

21 Secretary of Defense, that has been added to 

22 the table in part 2 of the Technical Annex to 

23 the Convention on the Marking of Plastic Ex24 plosives. 


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1 ‘‘(15) The term ‘plastic explosive’ means an ex2 plosive material in flexible or elastic sheet form for3 mulated with one or more high explosives which in 

4 their pure form has a vapor pressure less than 10-4

5 Pa at a temperature of 25°C, is formulated with a 

6 binder material, and is as a mixture malleable or 

7 flexible at normal room temperature. 

8 ‘‘(16) The term ‘alien’ means any person who 

9 is not a citizen or national of the United States. 

10 ‘‘(17) The term ‘responsible person’ means an 

11 individual who has the power to direct the manage12 ment and policies of the applicant pertaining to ex13 plosive materials. 

14 ‘‘(18) The term ‘Indian tribe’ has the meaning 

15 given the term in section 102 of the Federally Rec16 ognized Indian Tribe List Act of 1994. 

17 ‘‘§ 612. Unlawful Acts 

18 ‘‘(a) REGULATORY REQUIREMENTS.—It shall be un19 lawful for any person— 

20 ‘‘(1) to engage in the business of importing, 

21 manufacturing, or dealing in explosive materials 

22 without a license issued under this chapter; 

23 ‘‘(2) knowingly to withhold information or to 

24 make any false or fictitious oral or written statement 

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1 represented identification, intended or likely to de2 ceive for the purpose of obtaining explosive mate3 rials, or a license, permit, exemption, or relief from 

4 disability under this chapter; 

5 ‘‘(3) other than a licensee or permittee know6 ingly— 

7 ‘‘(A) to transport, ship, cause to be trans8 ported, or receive any explosive materials; or 

9 ‘‘(B) to distribute explosive materials to 

10 any person other than a licensee or permittee; 

11 or 

12 ‘‘(4) who is a holder of a limited permit— 

13 ‘‘(A) to transport, ship, cause to be trans14 ported, or receive in interstate or foreign com15 merce any explosive materials; or 

16 ‘‘(B) to receive explosive materials from a 

17 licensee or permittee, whose premises are lo18 cated outside the State of residence of the lim19 ited permit holder, or on more than 6 separate 

20 occasions, during the period of the permit, to 

21 receive explosive materials from 1 or more li22 censees or permittees whose premises are lo23 cated within the State of residence of the lim24 ited permit holder. 


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1 ‘‘(b) DISTRIBUTION TO UNREGULATED PERSONS.— 

2 It shall be unlawful for any licensee or permittee to know3 ingly distribute any explosive materials to any person 

4 other than— 

5 ‘‘(1) a licensee; 

6 ‘‘(2) a holder of a user permit; or 

7 ‘‘(3) a holder of a limited permit who is a resi8 dent of the State where distribution is made and in 

9 which the premises of the transferor are located. 

10 ‘‘(c) DISTRIBUTION IN VIOLATION OF STATE RE11 QUIREMENTS.—It shall be unlawful for any licensee to dis12 tribute explosive materials to any person who the licensee 

13 has reason to believe intends to transport such explosive 

14 materials into a State where the purchase, possession, or 

15 use of explosive materials is prohibited or which does not 

16 permit its residents to transport or ship explosive mate17 rials into it or to receive explosive materials in it. 

18 ‘‘(d) DISTRIBUTION TO PROHIBITED CLASSES OF

19 PERSONS.—It shall be unlawful for any person knowingly 

20 to distribute explosive materials to any individual who— 

21 ‘‘(1) is under twenty-one years of age; 

22 ‘‘(2) has been convicted in any court of a crime 

23 punishable by imprisonment for a term exceeding 

24 one year; 


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1 ‘‘(3) is under indictment for a crime punishable 

2 by imprisonment for a term exceeding one year; 

3 ‘‘(4) is a fugitive from justice; 

4 ‘‘(5) is an unlawful user of or addicted to any 

5 controlled substance; 

6 ‘‘(6) has been adjudicated a mental defective or 

7 who has been committed to a mental institution; 

8 ‘‘(7) is an alien, other than an alien who— 

9 ‘‘(A) is lawfully admitted for permanent 

10 residence (as defined in section 101(a)(20) of 

11 the Immigration and Nationality Act); 

12 ‘‘(B) is in lawful nonimmigrant status, is 

13 a refugee admitted under section 207 of the 

14 Immigration and Nationality Act, or is in asy15 lum status under section 208 of that Act, 

16 and— 

17 ‘‘(i) is a foreign law enforcement offi18 cer of a friendly foreign government, as de19 termined by the Attorney General in con20 sultation with the Secretary of State, en21 tering the United States on official law en22 forcement business, and the shipping, 

23 transporting, possession, or receipt of ex24 plosive materials is in furtherance of this 

25 official law enforcement business; or 


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1 ‘‘(ii) is a person having the power to 

2 direct or cause the direction of the man3 agement and policies of a corporation, 

4 partnership, or association licensed pursu5 ant to section 613(a), and the shipping, 

6 transporting, possession, or receipt of ex7 plosive materials is in furtherance of such 

8 power; 

9 ‘‘(C) is a member of a North Atlantic 

10 Treaty Organization (NATO) or other friendly 

11 foreign military force, as determined by the At12 torney General in consultation with the Sec13 retary of Defense, who is present in the United 

14 States under military orders for training or 

15 other military purpose authorized by the United 

16 States and the shipping, transporting, posses17 sion, or receipt of explosive materials is in fur18 therance of the authorized military purpose; or 

19 ‘‘(D) is lawfully present in the United 

20 States in cooperation with the Director of Cen21 tral Intelligence, and the shipment, transpor22 tation, receipt, or possession of the explosive 

23 materials is in furtherance of such cooperation; 

24 ‘‘(8) has been discharged from the armed forces 

25 under dishonorable conditions; or 


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1 ‘‘(9) having been a citizen of the United States, 

2 has renounced the citizenship of that person. 

3 ‘‘(e) DISTRIBUTION TO PERSONS PROHIBITED BY

4 STATE LAW FROM POSSESSION.—It shall be unlawful for 

5 any licensee knowingly to distribute any explosive mate6 rials to any person in any State where the purchase, pos7 session, or use by such person of such explosive materials 

8 would be in violation of any State law or any published 

9 ordinance applicable at the place of distribution. 

10 ‘‘(f) RECORDS.—It shall be unlawful for any licensee 

11 or permittee willfully to manufacture, import, purchase, 

12 distribute, or receive explosive materials without making 

13 such records as the Attorney General may by regulation 

14 require. Such records shall include a statement of intended 

15 use, the name, date, place of birth, social security number 

16 or taxpayer identification number, and place of residence 

17 of any natural person to whom explosive materials are dis18 tributed. If explosive materials are distributed to a cor19 poration or other business entity, such records shall in20 clude the identity and principal and local places of busi21 ness and the name, date, place of birth, and place of resi22 dence of the natural person acting as agent of the corpora23 tion or other business entity in arranging the distribution. 

24 ‘‘(g) FALSE ENTRY ON RECORDS.—It shall be unlaw25 ful for any licensee or permittee knowingly to make any 


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1 false entry in any record which he is required to keep pur2 suant to this section or regulations prescribed under sec3 tion 617. 

4 ‘‘(h) SHIPMENT AND OTHER MATTERS PERTAINING

5 TO STOLEN EXPLOSIVE MATERIALS.—It shall be unlawful 

6 for any person to receive, possess, transport, ship, conceal, 

7 store, barter, sell, dispose of, or pledge or accept as secu8 rity for a loan, any stolen explosive materials which are 

9 moving as, which are part of, which constitute, or which 

10 have been shipped or transported in, interstate or foreign 

11 commerce, either before or after such materials were sto12 len, knowing or having reasonable cause to believe that 

13 the explosive materials were stolen. 

14 ‘‘(i) POSSESSION AND OTHER CONDUCT BY PROHIB15 ITED PERSONS.—It shall be unlawful for any person— 

16 ‘‘(1) who is under indictment for, or who has 

17 been convicted in any court of, a crime punishable 

18 by imprisonment for a term exceeding one year; 

19 ‘‘(2) who is a fugitive from justice; 

20 ‘‘(3) who is an unlawful user of or addicted to 

21 any controlled substance; 

22 ‘‘(4) who has been adjudicated as a mental de23 fective or who has been committed to a mental insti24 tution; 

25 ‘‘(5) who is an alien, other than an alien who— 


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1 ‘‘(A) is lawfully admitted for permanent 

2 residence (as that term is defined in section 

3 101(a)(20) of the Immigration and Nationality 

4 Act); 

5 ‘‘(B) is in lawful nonimmigrant status, is 

6 a refugee admitted under section 207 of the 

7 Immigration and Nationality Act, or is in asy8 lum status under section 208 of the Immigra9 tion and Nationality Act, and— 

10 ‘‘(i) is a foreign law enforcement offi11 cer of a friendly foreign government, as de12 termined by the Attorney General in con13 sultation with the Secretary of State, en14 tering the United States on official law en15 forcement business, and the shipping, 

16 transporting, possession, or receipt of ex17 plosive materials is in furtherance of this 

18 official law enforcement business; or 

19 ‘‘(ii) is a person having the power to 

20 direct or cause the direction of the man21 agement and policies of a corporation, 

22 partnership, or association licensed pursu23 ant to section 843(a), and the shipping, 

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1 plosive materials is in furtherance of such 

2 power; 

3 ‘‘(C) is a member of a North Atlantic 

4 Treaty Organization (NATO) or other friendly 

5 foreign military force, as determined by the At6 torney General in consultation with the Sec7 retary of Defense, who is present in the United 

8 States under military orders for training or 

9 other military purpose authorized by the United 

10 States and the shipping, transporting, posses11 sion, or receipt of explosive materials is in fur12 therance of the authorized military purpose; or 

13 ‘‘(D) is lawfully present in the United 

14 States in cooperation with the Director of Cen15 tral Intelligence, and the shipment, transpor16 tation, receipt, or possession of the explosive 

17 materials is in furtherance of such cooperation; 

18 ‘‘(6) who has been discharged from the armed 

19 forces under dishonorable conditions; or 

20 ‘‘(7) who, having been a citizen of the United 

21 States, has renounced the citizenship of that person; 

22 to ship or transport any explosive in or affecvting inter23 state or foreign commerce or to receive or possess any ex24 plosive which has been shipped or transporated in or af25 fecting interestate or foreign commerce. 


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1 ‘‘(j) STORAGE REQUIREMENTS.—It shall be unlawful 

2 for any person to store any explosive material in a manner 

3 not in conformity with regulations promulgated by the At4 torney General. In promulgating such regulations, the At5 torney General shall take into consideration the class, 

6 type, and quantity of explosive materials to be stored, as 

7 well as the standards of safety and security recognized in 

8 the explosives industry. 

9 ‘‘(k) FAILURE TO REPORT THEFT OR LOSS.—It 

10 shall be unlawful for any person who has knowledge of 

11 the theft or loss of any explosive materials from his stock, 

12 to fail to report such theft or loss within twenty-four hours 

13 of discovery thereof, to the Attorney General and to appro14 priate local authorities. 

15 ‘‘(l) DETECTION AGENTS REQUIRED FOR MANUFAC16 TURE OF PLASTIC EXPLOSIVES.—It shall be unlawful for 

17 any person to manufacture any plastic explosive that does 

18 not contain a detection agent. 

19 ‘‘(m) IMPORTATION OF PLASTIC EXPLOSIVES WITH20 OUT DETECTION AGENTS.— 

21 ‘‘(1) It shall be unlawful for any person to im22 port or bring into the United States, or export from 

23 the United States, any plastic explosive that does 

24 not contain a detection agent. 


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1 ‘‘(2) This subsection does not apply to the im2 portation or bringing into the United States, or the 

3 exportation from the United States, of any plastic 

4 explosive that was imported or brought into, or man5 ufactured in the United States prior to the date of 

6 enactment of this subsection by or on behalf of any 

7 agency of the United States performing military or 

8 police functions (including any military reserve com9 ponent) or by or on behalf of the National Guard of 

10 any State, not later than 15 years after the date of 

11 entry into force of the Convention on the Marking 

12 of Plastic Explosives, with respect to the United 

13 States. 

14 ‘‘(n) POSSESSION AND OTHER CONDUCT WITH RE15 GARD TO PLASTIC EXPLOSIVES WITHOUT DETECTION

16 AGENTS.— 

17 ‘‘(1) It shall be unlawful for any person to ship, 

18 transport, transfer, receive, or possess any plastic 

19 explosive that does not contain a detection agent. 

20 ‘‘(2) This subsection does not apply to— 

21 ‘‘(A) the shipment, transportation, trans22 fer, receipt, or possession of any plastic explo23 sive that was imported or brought into, or man24 ufactured in the United States prior to the date 

25 of enactment of this subsection by any person 


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1 during the period beginning on that date and 

2 ending 3 years after that date of enactment; or 

3 ‘‘(B) the shipment, transportation, trans4 fer, receipt, or possession of any plastic explo5 sive that was imported or brought into, or man6 ufactured in the United States prior to the date 

7 of enactment of this subsection by or on behalf 

8 of any agency of the United States performing 

9 a military or police function (including any mili10 tary reserve component) or by or on behalf of 

11 the National Guard of any State, not later than 

12 15 years after the date of entry into force of 

13 the Convention on the Marking of Plastic Ex14 plosives, with respect to the United States. 

15 ‘‘(o) DISTRIBUTION OF INFORMATION RELATING TO

16 EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAPONS OF

17 MASS DESTRUCTION.— 

18 ‘‘(1) DEFINITIONS.—In this subsection— 

19 ‘‘(A) the term ‘destructive device’ has the 

20 same meaning as in section 581; 

21 ‘‘(B) the term ‘explosive’ has the same 

22 meaning as in section 614; and 

23 ‘‘(C) the term ‘weapon of mass destruc24 tion’ has the same meaning as in section 271. 


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1 ‘‘(2) PROHIBITION.—It shall be unlawful for 

2 any person— 

3 ‘‘(A) to teach or demonstrate the making 

4 or use of an explosive, a destructive device, or 

5 a weapon of mass destruction, or to distribute 

6 by any means information pertaining to, in 

7 whole or in part, the manufacture or use of an 

8 explosive, destructive device, or weapon of mass 

9 destruction, with the intent that the teaching, 

10 demonstration, or information be used for, or in 

11 furtherance of, an activity that constitutes a 

12 Federal crime of violence; or 

13 ‘‘(B) to teach or demonstrate to any per14 son the making or use of an explosive, a de15 structive device, or a weapon of mass destruc16 tion, or to distribute to any person, by any 

17 means, information pertaining to, in whole or in 

18 part, the manufacture or use of an explosive, 

19 destructive device, or weapon of mass destruc20 tion, knowing that such person intends to use 

21 the teaching, demonstration, or information for, 

22 or in furtherance of, an activity that constitutes 

23 a Federal crime of violence. 


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1 ‘‘§ 613. Licenses and user permits 

2 ‘‘(a) REQUIREMENTS FOR APPLICATION.—An appli3 cation for a user permit or limited permit or a license to 

4 import, manufacture, or deal in explosive materials shall 

5 be in such form and contain such information as the At6 torney General shall by regulation prescribe, including the 

7 names of and appropriate identifying information regard8 ing all employees who will be authorized by the applicant 

9 to possess explosive materials, as well as fingerprints and 

10 a photograph of each responsible person. Each applicant 

11 for a license or permit shall pay a fee to be charged as 

12 set by the Attorney General, said fee not to exceed $50 

13 for a limited permit and $200 for any other license or per14 mit. Each license or user permit shall be valid for not 

15 longer than 3 years from the date of issuance and each 

16 limited permit shall be valid for not longer than 1 year 

17 from the date of issuance. Each license or permit shall 

18 be renewable upon the same conditions and subject to the 

19 same restrictions as the original license or permit, and 

20 upon payment of a renewal fee not to exceed one-half of 

21 the original fee. 

22 ‘‘(b) APPROVAL OF APPLICATION.—Upon the filing 

23 of a proper application and payment of the prescribed fee, 

24 and subject to this chapter and other applicable laws, the 

25 Attorney General shall issue to such applicant the appro26 priate license or permit if— 


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1 ‘‘(1) the applicant (or, if the applicant is a cor2 poration, partnership, or association, each respon3 sible person with respect to the applicant) is not a 

4 person described in section 612(i); 

5 ‘‘(2) the applicant has not willfully violated this 

6 subchapter or regulations issued under this sub7 chapter; 

8 ‘‘(3) the applicant has in a State premises from 

9 which he conducts or intends to conduct business; 

10 ‘‘(4)(A) the Attorney General verifies by inspec11 tion or, if the application is for an original limited 

12 permit or the first or second renewal of such a per13 mit, by such other means as the Attorney General 

14 determines appropriate, that the applicant has a 

15 place of storage for explosive materials which meets 

16 such standards of public safety and security against 

17 theft as the Attorney General by regulations shall 

18 prescribe; and 

19 ‘‘(B) subparagraph (A) does not apply to an 

20 applicant for the renewal of a limited permit if the 

21 Attorney General has verified, by inspection within 

22 the preceding 3 years, the matters described in sub23 paragraph (A) with respect to the applicant; 

24 ‘‘(5) the applicant has demonstrated and cer25 tified in writing that he is familiar with all published 


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1 State laws and local ordinances relating to explosive 

2 materials for the location in which he intends to do 

3 business; 

4 ‘‘(6) none of the employees of the applicant who 

5 will be authorized by the applicant to possess explo6 sive materials is any person described in section 

7 612(i); and 

8 ‘‘(7) in the case of a limited permit, the appli9 cant has certified in writing that the applicant will 

10 not receive explosive materials on more than 6 sepa11 rate occasions during the 12-month period for which 

12 the limited permit is valid. 

13 ‘‘(c) TIME LIMIT FOR ACTION.—The Attorney Gen14 eral shall approve or deny an application within a period 

15 of 90 days for licenses and permits, beginning on the date 

16 such application is received by the Attorney General. 

17 ‘‘(d) REVOCATION.—The Attorney General may re18 voke any license or permit issued under this section if in 

19 the opinion of the Attorney General the holder thereof has 

20 violated this subchapter or any rule or regulation pre21 scribed under this subchapter, or has become ineligible to 

22 acquire explosive materials under section 612(d). The At23 torney General’s action under this subsection may be re24 viewed only as provided in subsection (e)(2) of this section. 

25 ‘‘(e) PROCEDURAL REQUIREMENTS.— 


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1 ‘‘(1) Any person whose application is denied or 

2 whose license or permit is revoked shall receive a 

3 written notice from the Attorney General stating the 

4 specific grounds upon which such denial or revoca5 tion is based. Any notice of a revocation of a license 

6 or permit shall be given to the holder of such license 

7 or permit prior to or concurrently with the effective 

8 date of the revocation. 

9 ‘‘(2) If the Attorney General denies an applica10 tion for, or revokes a license, or permit, he shall, 

11 upon request by the aggrieved party, promptly hold 

12 a hearing to review his denial or revocation. In the 

13 case of a revocation, the Attorney General may upon 

14 a request of the holder stay the effective date of the 

15 revocation. A hearing under this section shall be at 

16 a location convenient to the aggrieved party. The At17 torney General shall give written notice of his deci18 sion to the aggrieved party within a reasonable time 

19 after the hearing. The aggrieved party may, within 

20 sixty days after receipt of the Secretary’s written de21 cision, file a petition with the United States court of 

22 appeals for the district in which he resides or has his 

23 principal place of business for a judicial review of 

24 such denial or revocation, pursuant to sections 701 

25 through 706 of title 5. 


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1 ‘‘(f) INSPECTIONS.—Licensees and holders of user 

2 permits shall make available for inspection at all reason3 able times their records kept pursuant to this chapter or 

4 the regulations issued hereunder, and licensees and per5 mittees shall submit to the Attorney General such reports 

6 and information with respect to such records and the con7 tents thereof as he shall by regulations prescribe. The At8 torney General may enter during business hours the prem9 ises (including places of storage) of any licensee or holder 

10 of a user permit, for the purpose of inspecting or exam11 ining (1) any records or documents required to be kept 

12 by such licensee or permittee, under this chapter or regu13 lations issued under this chapter, and (2) any explosive 

14 materials kept or stored by such licensee or permittee at 

15 such premises. Upon the request of any State or any polit16 ical subdivision thereof, the Attorney General may make 

17 available to such State or any political subdivision thereof, 

18 any information which he may obtain by reason of this 

19 subchapter with respect to the identification of persons 

20 within such State or political subdivision thereof, who have 

21 purchased or received explosive materials, together with 

22 a description of such explosive materials. The Attorney 

23 General may inspect the places of storage for explosive 

24 materials of an applicant for a limited permit or, at the 


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1 time of renewal of such permit, a holder of a limited per2 mit, only as provided in subsection (b)(4). 

3 ‘‘(g) POSTING.—Licenses and user permits issued 

4 under subsection (b) of this section shall be kept posted 

5 and kept available for inspection on the premises covered 

6 by the license and permit. 

7 ‘‘(h) EMPLOYER MAY REQUEST DETERMINATION

8 FROM ATTORNEY GENERAL.— 

9 ‘‘(1) If the Attorney General receives, from an 

10 employer, the name and other identifying informa11 tion of a responsible person or an employee who will 

12 be authorized by the employer to possess explosive 

13 materials in the course of employment with the em14 ployer, the Attorney General shall determine whether 

15 the responsible person or employee is one of the per16 sons described in any paragraph of section 612(i). 

17 In making the determination, the Attorney General 

18 may take into account a letter or document issued 

19 under paragraph (2). 

20 ‘‘(2)(A) If the Attorney General determines 

21 that the responsible person or the employee is not 

22 one of the persons described in any paragraph of 

23 section 612(i), the Attorney General shall notify the 

24 employer in writing or electronically of the deter25 mination and issue, to the responsible person or emVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00445 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 ployee, a letter of clearance, which confirms the de2 termination. 

3 ‘‘(B) If the Attorney General determines that 

4 the responsible person or employee is one of the per5 sons described in any paragraph of section 612(i), 

6 the Attorney General shall notify the employer in 

7 writing or electronically of the determination and 

8 issue to the responsible person or the employee, as 

9 the case may be, a document that— 

10 ‘‘(i) confirms the determination; 

11 ‘‘(ii) explains the grounds for the deter12 mination; 

13 ‘‘(iii) provides information on how the dis14 ability may be relieved; and 

15 ‘‘(iv) explains how the determination may 

16 be appealed. 

17 ‘‘(i) FURNISHING OF SAMPLES.— 

18 ‘‘(1) Licensed manufacturers and licensed im19 porters and persons who manufacture or import ex20 plosive materials or ammonium nitrate shall, when 

21 required by letter issued by the Attorney General, 

22 furnish— 

23 ‘‘(A) samples of such explosive materials or 

24 ammonium nitrate; 


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1 ‘‘(B) information on chemical composition 

2 of those products; and 

3 ‘‘(C) any other information that the Attor4 ney General determines is relevant to the identi5 fication of the explosive materials or to identi6 fication of the ammonium nitrate. 

7 ‘‘(2) The Attorney General shall, by regulation, 

8 authorize reimbursement of the fair market value of 

9 samples furnished pursuant to this subsection, as 

10 well as the reasonable costs of shipment. 

11 ‘‘§ 614. Penalties 

12 ‘‘(a) FELONIES.—Any person— 

13 ‘‘(1) who violates any of subsections (a) 

14 through (i) or (l) through (o) of section 612 shall be 

15 imprisoned for not more than 10 years; and 

16 ‘‘(2) violates subsection (p)(2) of section 612, 

17 shall be imprisoned not more than 20 years. 

18 ‘‘(b) MISDEMEANOR.—Whoever violates any other 

19 provision of section 612 shall be imprisoned not more than 

20 one year. 

21 ‘‘(c) FORFEITURE.— 

22 ‘‘(1) Any explosive materials involved or used or 

23 intended to be used in any violation of this sub24 chapter or any other rule or regulation promulgated 

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1 nal law of the United States shall be subject to sei2 zure and forfeiture, and all provisions of the Internal 

3 Revenue Code of 1986 relating to the seizure, for4 feiture, and disposition of firearms, as defined in 

5 section 5845(a) of that Code, shall, so far as appli6 cable, extend to seizures and forfeitures under this 

7 chapter. 

8 ‘‘(2) Notwithstanding paragraph (1), in the 

9 case of the seizure of any explosive materials for any 

10 offense for which the materials would be subject to 

11 forfeiture in which it would be impracticable or un12 safe to remove the materials to a place of storage or 

13 would be unsafe to store them, the seizing officer 

14 may destroy the explosive materials forthwith. Any 

15 destruction under this paragraph shall be in the 

16 presence of at least 1 credible witness. The seizing 

17 officer shall make a report of the seizure and take 

18 samples as the Attorney General may by regulation 

19 prescribe. 

20 ‘‘(3) Within 60 days after any destruction made 

21 pursuant to paragraph (2), the owner of (including 

22 any person having an interest in) the property so de23 stroyed may make application to the Attorney Gen24 eral for reimbursement of the value of the property. 


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1 If the claimant establishes to the satisfaction of the 

2 Attorney General that— 

3 ‘‘(A) the property has not been used or in4 volved in a violation of law; or 

5 ‘‘(B) any unlawful involvement or use of 

6 the property was without the claimant’s knowl7 edge, consent, or willful blindness, 

8 the Attorney General shall make an allowance to the 

9 claimant not exceeding the value of the property de10 stroyed. 

11 ‘‘(d) TRANSPORT WITH INTENT.—Whoever trans12 ports or receives, or attempts to transport or receive, in 

13 interstate or foreign commerce any explosive with the 

14 knowledge or intent that it will be used to kill, injure, or 

15 intimidate any individual or unlawfully to damage or de16 stroy any building, vehicle, or other real or personal prop17 erty, shall be imprisoned for not more than ten years; and 

18 if personal injury results to any person, including any pub19 lic safety officer performing duties as a direct or proxi20 mate result of conduct prohibited by this subsection, shall 

21 be imprisoned for not more than twenty years; and if 

22 death results to any person, including any public safety 

23 officer performing duties as a direct or proximate result 

24 of conduct prohibited by this subsection, shall be subject 


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1 to imprisonment for any term of years, or to the death 

2 penalty or to life imprisonment. 

3 ‘‘(e) THREATS.—Whoever, through the use of the 

4 mail, telephone, telegraph, or other instrument of inter5 state or foreign commerce, or in or affecting interstate or 

6 foreign commerce, willfully makes any threat, or mali7 ciously conveys false information knowing the same to be 

8 false, concerning an attempt or alleged attempt being 

9 made, or to be made, to kill, injure, or intimidate any indi10 vidual or unlawfully to damage or destroy any building, 

11 vehicle, or other real or personal property by means of 

12 fire or an explosive shall be imprisoned for not more than 

13 10 years. 

14 ‘‘(f) MALACIOUS DAMAGE TO GOVERNMENT PROP15 ERTY.— 

16 ‘‘(1) Whoever maliciously damages or destroys, 

17 or attempts to damage or destroy, by means of fire 

18 or an explosive, any building, vehicle, or other per19 sonal or real property in whole or in part owned or 

20 possessed by, or leased to, the United States, or any 

21 department or agency thereof, or any institution or 

22 organization receiving Federal financial assistance, 

23 shall be imprisoned for not less than 5 years and not 

24 more than 20 years. 


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1 ‘‘(2) Whoever engages in conduct prohibited by 

2 this subsection, and as a result of such conduct, di3 rectly or proximately causes personal injury or cre4 ates a substantial risk of injury to any person, in5 cluding any public safety officer performing duties, 

6 shall be imprisoned for not less than 7 years and not 

7 more than 40 years. 

8 ‘‘(3) Whoever engages in conduct prohibited by 

9 this subsection, and as a result of such conduct di10 rectly or proximately causes the death of any person, 

11 including any public safety officer performing duties, 

12 shall be subject to the death penalty, or imprisoned 

13 for not less than 20 years or for life. 

14 ‘‘(g) POSSESSION AT AIRPORT.— 

15 ‘‘(1) Except as provided in paragraph (2), who16 ever possesses an explosive in an airport that is sub17 ject to the regulatory authority of the Federal Avia18 tion Administration, or in any building in whole or 

19 in part owned, possessed, or used by, or leased to, 

20 the United States or any department or agency 

21 thereof, except with the written consent of the agen22 cy, department, or other person responsible for the 

23 management of such building or airport, shall be im24 prisoned for not more than five years. 

25 ‘‘(2) This subsection does not apply to— 


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1 ‘‘(A) the possession of ammunition (as that 

2 term is defined in regulations issued pursuant 

3 to this chapter) in an airport that is subject to 

4 the regulatory authority of the Federal Aviation 

5 Administration if such ammunition is either in 

6 checked baggage or in a closed container; or 

7 ‘‘(B) the possession of an explosive in an 

8 airport if the packaging and transportation of 

9 such explosive is exempt from, or subject to and 

10 in accordance with, regulations of the Pipeline 

11 and Hazardous Materials Safety Administration 

12 for the handling of hazardous materials pursu13 ant to chapter 51 of title 49. 

14 ‘‘(h) USE IN CONNECTION WITH OTHER CRIMES.— 

15 Whoever— 

16 ‘‘(1) uses fire or an explosive to commit any fel17 ony which may be prosecuted in a court of the 

18 United States, or 

19 ‘‘(2) carries an explosive during the commission 

20 of any felony which may be prosecuted in a court of 

21 the United States, 

22 including a felony which provides for an enhanced punish23 ment if committed by the use of a deadly or dangerous 

24 weapon or device shall, in addition to the punishment pro25 vided for such felony, be sentenced to imprisonment for 


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1 10 years. In the case of a second or subsequent conviction 

2 under this subsection, such person shall be sentenced to 

3 imprisonment for 20 years. Notwithstanding any other 

4 provision of law, the court shall not place on probation 

5 or suspend the sentence of any person convicted of a viola6 tion of this subsection, nor shall the term of imprisonment 

7 imposed under this subsection run concurrently with any 

8 other term of imprisonment including that imposed for the 

9 felony in which the explosive was used or carried. 

10 ‘‘(i) MALICIOUS DAMANGE TO COMMERCE-RELATED

11 PROPERTY.—Whoever maliciously damages or destroys, or 

12 attempts to damage or destroy, by means of fire or an 

13 explosive, any building, vehicle, or other real or personal 

14 property used in interstate or foreign commerce or in any 

15 activity affecting interstate or foreign commerce shall be 

16 imprisoned for not less than 5 years and not more than 

17 20 years; and if personal injury results to any person, in18 cluding any public safety officer performing duties as a 

19 direct or proximate result of conduct prohibited by this 

20 subsection, shall be imprisoned for not less than 7 years 

21 and not more than 40 years; and if death results to any 

22 person, including any public safety officer performing du23 ties as a direct or proximate result of conduct prohibited 

24 by this subsection, shall also be subject to imprisonment 


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1 for any term of years, or to the death penalty or to life 

2 imprisonment. 

3 ‘‘(j) DEFINITION.—For the purposes of subsections 

4 (d), (e), (f), (g), (h), and (i) of this section and section 

5 612(p)(2), the term ‘explosive’ means gunpowders, pow6 ders used for blasting, all forms of high explosives, blast7 ing materials, fuzes (other than electric circuit breakers), 

8 detonators, and other detonating agents, smokeless pow9 ders, other explosive or incendiary devices within the 

10 meaning of paragraph (4) of section 296, and any chem11 ical compounds, mechanical mixture, or device that con12 tains any oxidizing and combustible units, or other ingre13 dients, in such proportions, quantities, or packing that ig14 nition by fire, by friction, by concussion, by percussion, 

15 or by detonation of the compound, mixture, or device or 

16 any part thereof may cause an explosion. 

17 ‘‘(k) THEFT RELATED TO COMMERCE.—A person 

18 who steals any explosives materials which are moving as, 

19 or are a part of, or which have moved in, interstate or 

20 foreign commerce shall be imprisoned for not more than 

21 10 years. 

22 ‘‘(l) THEFT FROM LICENSEE OR PERMITTEE.—A 

23 person who steals any explosive material from a licensed 

24 importer, licensed manufacturer, or licensed dealer, or 


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1 from any permittee shall be imprisoned not more than 10 

2 years. 

3 ‘‘(m) CONSPIRACY.—A person who conspires to com4 mit an offense under subsection (h) shall be imprisoned 

5 for any term of years not exceeding 20. 

6 ‘‘(n) TRANSFER WITH KNOWLEDGE.—Whoever 

7 knowingly transfers any explosive materials, knowing or 

8 having reasonable cause to believe that such explosive ma9 terials will be used to commit a crime of violence (as de10 fined in section 584(c)(3)) or drug trafficking crime (as 

11 defined in section 584(c)(2)) shall be subject to the same 

12 penalties as may be imposed under subsection (h) for a 

13 first conviction for the use or carrying of an explosive ma14 terial. 

15 ‘‘(o) THEFT REPORTING REQUIREMENT.— 

16 ‘‘(1) A holder of a license or permit who knows 

17 that explosive materials have been stolen from that 

18 licensee or permittee, shall report the theft to the 

19 Attorney General not later than 24 hours after the 

20 discovery of the theft. 

21 ‘‘(2) A holder of a license or permit who does 

22 not report a theft in accordance with paragraph (1), 

23 shall be imprisoned not more than 5 years. 


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1 ‘‘§ 615. Exceptions; relief from disabilities 

2 ‘‘(a) EXCEPTIONS.—Except in the case of subsection 

3 (l), (m), (n), or (o) of section 612 and subsections (d), 

4 (e), (f), (g), (h), and (i) of section 614, this chapter does 

5 not apply to— 

6 ‘‘(1) any aspect of the transportation of explo7 sive materials via railroad, water, highway, or air 

8 which are regulated by the United States Depart9 ment of Transportation and agencies thereof, and 

10 which pertain to safety; 

11 ‘‘(2) the use of explosive materials in medicines 

12 and medicinal agents in the forms prescribed by the 

13 official United States Pharmacopeia, or the National 

14 Formulary; 

15 ‘‘(3) the transportation, shipment, receipt, or 

16 importation of explosive materials for delivery to any 

17 agency of the United States or to any State or polit18 ical subdivision thereof; 

19 ‘‘(4) small arms ammunition and components 

20 thereof; 

21 ‘‘(5) commercially manufactured black powder 

22 in quantities not to exceed fifty pounds, percussion 

23 caps, safety and pyrotechnic fuses, quills, quick and 

24 slow matches, and friction primers, intended to be 

25 used solely for sporting, recreational, or cultural 

26 purposes in antique firearms as defined in section 


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1 581(14), or in antique devices as exempted from the 

2 term ‘destructive device’ in section 581(2); 

3 ‘‘(6) the manufacture under the regulation of 

4 the military department of the United States of ex5 plosive materials for, or their distribution to or stor6 age or possession by the military or naval services or 

7 other agencies of the United States; or to arsenals, 

8 navy yards, depots, or other establishments owned 

9 by, or operated by or on behalf of, the United 

10 States; and 

11 ‘‘(7) the transportation, shipment, receipt, or 

12 importation of display fireworks materials for deliv13 ery to a federally recognized Indian tribe or tribal 

14 agency. 

15 ‘‘(b) RELIEF FROM DISABILITIES.— 

16 ‘‘(1) A person who is prohibited from shipping, 

17 transporting, receiving, or possessing any explosive 

18 under section 612(i) may apply to the Attorney Gen19 eral for relief from such prohibition. 

20 ‘‘(2) The Attorney General may grant the relief 

21 requested under paragraph (1) if the Attorney Gen22 eral determines that the circumstances regarding the 

23 applicability of section 612(i), and the applicant’s 

24 record and reputation, are such that the applicant 

25 will not be likely to act in a manner dangerous to 


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1 public safety and that the granting of such relief is 

2 not contrary to the public interest. 

3 ‘‘(3) A licensee or permittee who applies for re4 lief, under this subsection, from the disabilities in5 curred under this chapter as a result of an indict6 ment for or conviction of a crime punishable by im7 prisonment for a term exceeding 1 year shall not be 

8 barred by such disability from further operations 

9 under the license or permit pending final action on 

10 an application for relief filed pursuant to this sec11 tion. 

12 ‘‘(c) AFFIRMATIVE DEFENSE.— 

13 ‘‘(1) It is an affirmative defense against any 

14 proceeding involving subsections (l) through (o) of 

15 section 612 if the proponent proves by a preponder16 ance of the evidence that the plastic explosive— 

17 ‘‘(A) consisted of a small amount of plastic 

18 explosive intended for and utilized solely in law19 ful— 

20 ‘‘(i) research, development, or testing 

21 of new or modified explosive materials; 

22 ‘‘(ii) training in explosives detection 

23 or development or testing of explosives de24 tection equipment; or 

25 ‘‘(iii) forensic science purposes; or 


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1 ‘‘(B) was plastic explosive that, within 3 

2 years after the date of enactment of the 

3 Antiterrorism and Effective Death Penalty Act 

4 of 1996, was incorporated in a military device 

5 within the territory of the United States and re6 mains an integral part of such military device, 

7 or is intended to be, or is incorporated in, and 

8 remains an integral part of a military device 

9 that is intended to become, or has become, the 

10 property of any agency of the United States 

11 performing military or police functions (includ12 ing any military reserve component) or the Na13 tional Guard of any State, wherever such device 

14 is located. 

15 ‘‘(2) In this subsection, the term ‘military de16 vice’ includes, shells, bombs, projectiles, mines, mis17 siles, rockets, shaped charges, grenades, perforators, 

18 and similar devices lawfully manufactured exclusively 

19 for military or police purposes. 

20 ‘‘§ 616. Additional powers of the Attorney General 

21 ‘‘(a) INSPECTIONS.—The Attorney General is author22 ized to inspect the site of any accident, or fire, in which 

23 there is reason to believe that explosive materials were in24 volved, in order that if any such incident has been brought 

25 about by accidental means, precautions may be taken to 


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1 prevent similar accidents from occurring. In order to carry 

2 out the purpose of this subsection, the Attorney General 

3 is authorized to enter into or upon any property where 

4 explosive materials have been used, are suspected of hav5 ing been used, or have been found in an otherwise unau6 thorized location. Nothing in this subchapter shall be con7 strued as modifying or otherwise affecting in any way the 

8 investigative authority of any other Federal agency. In ad9 dition to any other investigatory authority they have with 

10 respect to violations of this subchapter, the Federal Bu11 reau of Investigation, together with the Bureau of Alcohol, 

12 Tobacco, Firearms, and Explosives, shall have authority 

13 to conduct investigations with respect to violations of sub14 section (d), (e), (f), (g), (h), or (i) of section 614. 

15 ‘‘(b) NATIONAL REPOSITORY.—The Attorney Gen16 eral is authorized to establish a national repository of in17 formation on incidents involving arson and the suspected 

18 criminal misuse of explosives. All Federal agencies having 

19 information concerning such incidents shall report the in20 formation to the Attorney General pursuant to such regu21 lations as deemed necessary to carry out this subsection. 

22 The repository shall also contain information on incidents 

23 voluntarily reported to the Attorney General by State and 

24 local authorities. 


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1 ‘‘§ 617. Rules and regulations 

2 ‘‘The administration of this subchapter shall be vest3 ed in the Attorney General. The Attorney General may 

4 prescribe such rules and regulations as he deems reason5 ably necessary to carry out this subchapter. The Attorney 

6 General shall give reasonable public notice, and afford to 

7 interested parties opportunity for hearing, before pre8 scribing such rules and regulations. 

9 ‘‘SUBCHAPTER E—BIOLOGICAL WEAPONS 

‘‘621. Prohibitions with respect to biological weapons. 

‘‘622. Requests for military assistance to enforce prohibition in certain emergencies. 

‘‘623. Possession by restricted persons. 

‘‘624. Variola virus. 

‘‘625. Seizure, forfeiture, and destruction. 

‘‘626. Injunctions. 

‘‘627. Definitions. 

10 ‘‘§ 621. Prohibitions with respect to biological weap11 ons 

12 ‘‘(a) IN GENERAL.—Whoever knowingly develops, 

13 produces, stockpiles, transfers, acquires, retains, or pos14 sesses any biological agent, toxin, or delivery system for 

15 use as a weapon, or knowingly assists a foreign state or 

16 any organization to do so shall be imprisoned for life or 

17 any term of years. There is extraterritorial jurisdiction 

18 over an offense under this section committed by or against 

19 a national of the United States. 

20 ‘‘(b) ADDITIONAL OFFENSE.—Whoever knowingly 

21 possesses any biological agent, toxin, or delivery system 


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1 of a type or in a quantity that, under the circumstances, 

2 is not reasonably justified by a prophylactic, protective, 

3 bona fide research, or other peaceful purpose, shall be im4 prisoned not more than 10 years. In this subsection, the 

5 terms ‘biological agent’ and ‘toxin’ do not encompass any 

6 biological agent or toxin that is in its naturally occurring 

7 environment, if the biological agent or toxin has not been 

8 cultivated, collected, or otherwise extracted from its nat9 ural source. 

10 ‘‘(c) DEFINITION.—For purposes of this section, the 

11 term ‘for use as a weapon’ includes the development, pro12 duction, transfer, acquisition, retention, or possession of 

13 any biological agent, toxin, or delivery system for other 

14 than prophylactic, protective, bona fide research, or other 

15 peaceful purposes. 

16 ‘‘§ 622. Requests for military assistance to enforce 

17 prohibition in certain emergencies 

18 ‘‘The Attorney General may request the Secretary of 

19 Defense to provide assistance under section 382 of title 

20 10 in support of Department of Justice activities relating 

21 to the enforcement of section 621 in an emergency situa22 tion involving a biological weapon of mass destruction. The 

23 authority to make such a request may be exercised by an24 other official of the Department of Justice in accordance 

25 with section 382(f)(2) of title 10. 


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1 ‘‘§ 623. Possession by restricted persons 

2 ‘‘(a) IN GENERAL.—(1) No restricted person shall 

3 ship or transport in or affecting interstate or foreign com4 merce, or possess in or affecting interstate or foreign com5 merce, any biological agent or toxin, or receive any biologi6 cal agent or toxin that has been shipped or transported 

7 in interstate or foreign commerce, if the biological agent 

8 or toxin is listed as a non-overlap or overlap select biologi9 cal agent or toxin in sections 73.4 and 73.5 of title 42, 

10 Code of Federal Regulations, pursuant to section 351A 

11 of the Public Health Service Act, and is not excluded 

12 under sections 73.4 and 73.5 or exempted under section 

13 73.6 of title 42, Code of Federal Regulations. 

14 ‘‘(2) Whoever knowingly violates this section shall be 

15 imprisoned not more than 10 years, but the prohibition 

16 contained in this section does not apply with respect to 

17 any duly authorized United States governmental activity. 

18 ‘‘(b) TRANSFER TO UNREGISTERED PERSON.— 

19 ‘‘(1) SELECT AGENTS.—Whoever transfers a se20 lect agent to a person who the transferor knows or 

21 has reasonable cause to believe is not registered as 

22 required by regulations under subsection (b) or (c) 

23 of section 351A of the Public Health Service Act 

24 shall be imprisoned for not more than 5 years. 

25 ‘‘(2) CERTAIN OTHER BIOLOGICAL AGENTS AND

26 TOXINS.—Whoever transfers a biological agent or 


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1 toxin listed pursuant to section 212(a)(1) of the Ag2 ricultural Bioterrorism Protection Act of 2002 to a 

3 person who the transferor knows or has reasonable 

4 cause to believe is not registered as required by reg5 ulations under subsection (b) or (c) of section 212 

6 of such Act shall be imprisoned for not more than 

7 5 years. 

8 ‘‘(c) UNREGISTERED FOR POSSESSION.— 

9 ‘‘(1) SELECT AGENTS.—Whoever knowingly 

10 possesses a biological agent or toxin where such 

11 agent or toxin is a select agent for which such per12 son has not obtained a registration required by regu13 lations under section 351A(c) of the Public Health 

14 Service Act shall be or imprisoned for not more than 

15 5 years. 

16 ‘‘(2) CERTAIN OTHER BIOLOGICAL AGENTS AND

17 TOXINS.—Whoever knowingly possesses a biological 

18 agent or toxin where such agent or toxin is a biologi19 cal agent or toxin listed pursuant to section 

20 212(a)(1) of the Agricultural Bioterrorism Protec21 tion Act of 2002 for which such person has not ob22 tained a registration required by regulations under 

23 section 212(c) of such Act shall be imprisoned for 

24 not more than 5 years. 

25 ‘‘(d) DEFINITIONS.—As used in this section: 


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1 ‘‘(1) The term ‘select agent’ means a biological 

2 agent or toxin to which subsection (a) applies. Such 

3 term (including for purposes of subsection (a)) does 

4 not include any such biological agent or toxin that 

5 is in its naturally-occurring environment, if the bio6 logical agent or toxin has not been cultivated, col7 lected, or otherwise extracted from its natural 

8 source. 

9 ‘‘(2) The term ‘restricted person’ means an in10 dividual who— 

11 ‘‘(A) is under indictment for a crime pun12 ishable by imprisonment for a term exceeding 1 

13 year; 

14 ‘‘(B) has been convicted in any court of a 

15 crime punishable by imprisonment for a term 

16 exceeding 1 year; 

17 ‘‘(C) is a fugitive from justice; 

18 ‘‘(D) is an unlawful user of any controlled 

19 substance; 

20 ‘‘(E) is an alien illegally or unlawfully in 

21 the United States; 

22 ‘‘(F) has been adjudicated as a mental de23 fective or has been committed to any mental in24 stitution; 


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1 ‘‘(G)(i) is an alien (other than an alien 

2 lawfully admitted for permanent residence) who 

3 is a national of a country as to which the Sec4 retary of State, pursuant to section 6(j) of the 

5 Export Administration Act of 1979, section 

6 620A of chapter 1 of part M of the Foreign As7 sistance Act of 1961, or section 40(d) of chap8 ter 3 of the Arms Export Control Act, has 

9 made a determination (that remains in effect) 

10 that such country has repeatedly provided sup11 port for acts of international terrorism, or (ii) 

12 acts for or on behalf of, or operates subject to 

13 the direction or control of, a government or offi14 cial of a country described in this subpara15 graph; 

16 ‘‘(H) has been discharged from the Armed 

17 Services of the United States under dishonor18 able conditions; or 

19 ‘‘(I) is a member of, acts for or on behalf 

20 of, or operates subject to the direction or con21 trol of, a terrorist organization as defined in 

22 section 212(a)(3)(B)(vi) of the Immigration and 

23 Nationality Act. 


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1 ‘‘(3) The term ‘alien’ has the same meaning as 

2 in section 101(a)(3) of the Immigration and Nation3 ality Act. 

4 ‘‘(4) The term ‘lawfully admitted for permanent 

5 residence’ has the same meaning as in section 

6 101(a)(20) of the Immigration and Nationality Act. 

7 ‘‘§ 624. Variola virus 

8 ‘‘(a) UNLAWFUL CONDUCT.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), it shall be unlawful for any person to 

11 knowingly produce, engineer, synthesize, acquire, 

12 transfer directly or indirectly, receive, possess, im13 port, export, or use, or possess and threaten to use, 

14 variola virus. 

15 ‘‘(2) EXCEPTION.—This subsection does not 

16 apply to conduct by, or under the authority of, the 

17 Secretary of Health and Human Services. 

18 ‘‘(b) JURISDICTION.—Conduct prohibited by sub19 section (a) is within the jurisdiction of the United States 

20 if— 

21 ‘‘(1) the offense occurs in or affects interstate 

22 or foreign commerce; 

23 ‘‘(2) the offense occurs outside of the United 

24 States and is committed by a national of the United 

25 States; 


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1 ‘‘(3) the offense is committed against a national 

2 of the United States while the national is outside the 

3 United States; 

4 ‘‘(4) the offense is committed against any prop5 erty that is owned, leased, or used by the United 

6 States or by any department or agency of the United 

7 States, whether the property is within or outside the 

8 United States; or 

9 ‘‘(5) an offender aids or abets any person over 

10 whom jurisdiction exists under this subsection in 

11 committing an offense under this section or con12 spires with any person over whom jurisdiction exists 

13 under this subsection to commit an offense under 

14 this section. 

15 ‘‘(c) CRIMINAL PENALTIES.— 

16 ‘‘(1) IN GENERAL.—Whoever violates subsection 

17 (a) shall be sentenced to a term of imprisonment not 

18 less than 25 years or to imprisonment for life. 

19 ‘‘(2) OTHER CIRCUMSTANCES.—Whoever, in the 

20 course of a violation of subsection (a), uses or pos21 sesses and threatens to use, any item or items de22 scribed in subsection (a), shall be imprisoned for not 

23 less than 30 years or imprisoned for life. 

24 ‘‘(3) SPECIAL CIRCUMSTANCES.—If the death 

25 of another results from a person’s violation of subVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00468 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 section (a), the person shall be punished by impris2 onment for life. 

3 ‘‘(d) DEFINITION.—As used in this section, the term 

4 ‘variola virus’ means a virus that can cause human small5 pox or any derivative of the variola major virus that con6 tains more than 85 percent of the gene sequence of the 

7 variola major virus or the variola minor virus. 

8 ‘‘§ 625. Seizure, forfeiture, and destruction 

9 ‘‘(a) IN GENERAL.—(1) Except as provided in para10 graph (2), the Attorney General may request the issuance, 

11 in the same manner as provided for a search warrant, of 

12 a warrant authorizing the seizure of any biological agent, 

13 toxin, or delivery system that— 

14 ‘‘(A) pertains to conduct prohibited under sec15 tion 621; or 

16 ‘‘(B) is of a type or in a quantity that under 

17 the circumstances has no apparent justification for 

18 prophylactic, protective, or other peaceful purposes. 

19 ‘‘(2) In exigent circumstances, seizure and destruc20 tion of any biological agent, toxin, or delivery system de21 scribed in subparagraphs (A) and (B) of paragraph (1) 

22 may be made upon probable cause without the necessity 

23 for a warrant. 

24 ‘‘(b) PROCEDURE.—Property seized pursuant to sub25 section (a) shall be forfeited to the United States after 


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1 notice to potential claimants and an opportunity for a 

2 hearing. At such hearing, the Government shall bear the 

3 burden of persuasion by a preponderance of the evidence. 

4 Except as inconsistent herewith, the same procedures and 

5 provisions of law relating to a forfeiture under the customs 

6 laws shall extend to a seizure or forfeiture under this sec7 tion. The Attorney General may provide for the destruc8 tion or other appropriate disposition of any biological 

9 agent, toxin, or delivery system seized and forfeited pursu10 ant to this section. 

11 ‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative 

12 defense against a forfeiture under subsection (a)(1)(B) of 

13 this section that— 

14 ‘‘(1) such biological agent, toxin, or delivery 

15 system is for a prophylactic, protective, or other 

16 peaceful purpose; and 

17 ‘‘(2) such biological agent, toxin, or delivery 

18 system, is of a type and quantity reasonable for that 

19 purpose. 

20 ‘‘§ 626. Injunctions 

21 ‘‘(a) IN GENERAL.—The United States may obtain 

22 in a civil action an injunction against— 

23 ‘‘(1) the conduct prohibited under section 621; 


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1 ‘‘(2) the preparation, solicitation, attempt, 

2 threat, or conspiracy to engage in conduct prohibited 

3 under section 621; or 

4 ‘‘(3) the development, production, stockpiling, 

5 transferring, acquisition, retention, or possession, or 

6 the attempted development, production, stockpiling, 

7 transferring, acquisition, retention, or possession of 

8 any biological agent, toxin, or delivery system of a 

9 type or in a quantity that under the circumstances 

10 has no apparent justification for prophylactic, pro11 tective, or other peaceful purposes. 

12 ‘‘(b) AFFIRMATIVE DEFENSE.—It is an affirmative 

13 defense against an injunction under subsection (a)(3) 

14 that— 

15 ‘‘(1) the conduct sought to be enjoined is for a 

16 prophylactic, protective, or other peaceful purpose; 

17 and 

18 ‘‘(2) such biological agent, toxin, or delivery 

19 system is of a type and quantity reasonable for that 

20 purpose. 

21 ‘‘§ 627. Definitions 

22 ‘‘As used in this chapter— 

23 ‘‘(1) the term ‘biological agent’ means any 

24 microorganism (including bacteria, viruses, fungi, 

25 rickettsiae or protozoa), or infectious substance, or 


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1 any naturally occurring, bioengineered or syn2 thesized component of any such microorganism or 

3 infectious substance, capable of causing— 

4 ‘‘(A) death, disease, or other biological 

5 malfunction in a human, an animal, a plant, or 

6 another living organism; 

7 ‘‘(B) deterioration of food, water, equip8 ment, supplies, or material of any kind; or 

9 ‘‘(C) deleterious alteration of the environ10 ment; 

11 ‘‘(2) the term ‘toxin’ means the toxic material 

12 or product of plants, animals, microorganisms (in13 cluding bacteria, viruses, fungi, rickettsiae or pro14 tozoa), or infectious substances, or a recombinant or 

15 synthesized molecule, whatever their origin and 

16 method of production, and includes— 

17 ‘‘(A) any poisonous substance or biological 

18 product that may be engineered as a result of 

19 biotechnology produced by a living organism; or 

20 ‘‘(B) any poisonous isomer or biological 

21 product, homolog, or derivative of such a sub22 stance; 

23 ‘‘(3) the term ‘delivery system’ means— 

24 ‘‘(A) any apparatus, equipment, device, or 

25 means of delivery specifically designed to deliver 


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1 or disseminate a biological agent, toxin, or vec2 tor; or 

3 ‘‘(B) any vector; and 

4 ‘‘(4) the term ‘vector’ means a living organism, 

5 or molecule, including a recombinant or synthesized 

6 molecule, capable of carrying a biological agent or 

7 toxin to a host. 

8 ‘‘SUBCHAPTER F—CHEMICAL WEAPONS 

‘‘631. Prohibited activities. 

‘‘632. Penalties. 

‘‘633. Individual self-defense devices. 

‘‘634. Injunctions. 

‘‘635. Requests for military assistance to enforce prohibition in certain emergencies. 

‘‘636. Definitions. 

9 ‘‘§ 631. Prohibited activities 

10 ‘‘(a) UNLAWFUL CONDUCT.—Except as provided in 

11 subsection (b), it shall be unlawful for any person know12 ingly— 

13 ‘‘(1) to develop, produce, otherwise acquire, 

14 transfer directly or indirectly, receive, stockpile, re15 tain, own, possess, or use, or threaten to use, any 

16 chemical weapon; or 

17 ‘‘(2) to assist or induce, in any way, any person 

18 to violate paragraph (1). 

19 ‘‘(b) EXEMPTED AGENCIES AND PERSONS.— 

20 ‘‘(1) IN GENERAL.—Subsection (a) does not 

21 apply to the retention, ownership, possession, trans22 fer, or receipt of a chemical weapon by a departVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00473 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 ment, agency, or other entity of the United States, 

2 or by a person described in paragraph (2), pending 

3 destruction of the weapon. 

4 ‘‘(2) EXEMPTED PERSONS.—A person referred 

5 to in paragraph (1) is— 

6 ‘‘(A) any person, including a member of 

7 the Armed Forces of the United States, who is 

8 authorized by law or by an appropriate officer 

9 of the United States to retain, own, possess, 

10 transfer, or receive the chemical weapon; or 

11 ‘‘(B) in an emergency situation, any other12 wise nonculpable person if the person is at13 tempting to destroy or seize the weapon. 

14 ‘‘(c) JURISDICTION.—Conduct prohibited by sub15 section (a) is within the jurisdiction of the United States 

16 if the prohibited conduct— 

17 ‘‘(1) takes place in the United States; 

18 ‘‘(2) takes place outside of the United States 

19 and is committed by a national of the United States; 

20 ‘‘(3) is committed against a national of the 

21 United States while the national is outside the 

22 United States; or 

23 ‘‘(4) is committed against any property that is 

24 owned, leased, or used by the United States or by 

25 any department or agency of the United States, 


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1 whether the property is within or outside the United 

2 States. 

3 ‘‘§ 632. Penalties 

4 ‘‘(a) CRIMINAL PENALTIES.— 

5 ‘‘(1) IN GENERAL.—Whoever violates section 

6 631 shall be imprisoned for any term of years. 

7 ‘‘(2) DEATH PENALTY.—Whoever violates sec8 tion 631 and by whose action the death of another 

9 person is the result shall be punished by death or 

10 imprisoned for life. 

11 ‘‘(b) CIVIL PENALTIES.— 

12 ‘‘(1) IN GENERAL.—The Attorney General may 

13 bring a civil action in the appropriate United States 

14 district court against any person who violates section 

15 631 and, upon proof of such violation by a prepon16 derance of the evidence, such person shall be subject 

17 to pay a civil penalty in an amount not to exceed 

18 $100,000 for each such violation. 

19 ‘‘(2) RELATION TO OTHER PROCEEDINGS.—The 

20 imposition of a civil penalty under this subsection 

21 does not preclude any other criminal or civil statu22 tory, common law, or administrative remedy, which 

23 is available by law to the United States or any other 

24 person. 


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1 ‘‘(c) REIMBURSEMENT OF COSTS.—The court shall 

2 order any person convicted of an offense under subsection 

3 (a) to reimburse the United States for any expenses in4 curred by the United States incident to the seizure, stor5 age, handling, transportation, and destruction or other 

6 disposition of any property that was seized in connection 

7 with an investigation of the commission of the offense by 

8 that person. A person ordered to reimburse the United 

9 States for expenses under this subsection shall be jointly 

10 and severally liable for such expenses with each other per11 son, if any, who is ordered under this subsection to reim12 burse the United States for the same expenses. 

13 ‘‘§ 633. Individual self-defense devices 

14 ‘‘This subchapter does not prohibit any individual 

15 self-defense device, including one using a pepper spray or 

16 chemical mace. 

17 ‘‘§ 634. Injunctions 

18 ‘‘The United States may obtain in a civil action an 

19 injunction against— 

20 ‘‘(1) the conduct prohibited under section 631 

21 or 633; or 

22 ‘‘(2) the preparation or solicitation to engage in 

23 conduct prohibited under section 631 or 634. 


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1 ‘‘§ 635. Requests for military assistance to enforce 

2 prohibition in certain emergencies 

3 ‘‘The Attorney General may request the Secretary of 

4 Defense to provide assistance under section 382 of title 

5 10 in support of Department of Justice activities relating 

6 to the enforcement of section 631 in an emergency situa7 tion involving a chemical weapon. The authority to make 

8 such a request may be exercised by another official of the 

9 Department of Justice in accordance with section 

10 382(f)(2) of title 10. 

11 ‘‘§ 636. Definitions 

12 ‘‘In this chapter the following apply: 

13 ‘‘(1) CHEMICAL WEAPON.—The term ‘chemical 

14 weapon’ means the following, together or separately: 

15 ‘‘(A) A toxic chemical and its precursors, 

16 except where intended for a purpose not prohib17 ited under this chapter as long as the type and 

18 quantity is consistent with such a purpose. 

19 ‘‘(B) A munition or device, specifically de20 signed to cause death or other harm through 

21 toxic properties of those toxic chemicals speci22 fied in subparagraph (A), which would be re23 leased as a result of the employment of such 

24 munition or device. 

25 ‘‘(C) Any equipment specifically designed 

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1 ment of munitions or devices specified in sub2 paragraph (B). 

3 ‘‘(2) CHEMICAL WEAPONS CONVENTION; CON4 VENTION.—The terms ‘Chemical Weapons Conven5 tion’ and ‘Convention’ mean the Convention on the 

6 Prohibition of the Development, Production, Stock7 piling and Use of Chemical Weapons and on Their 

8 Destruction, opened for signature on January 13, 

9 1993. 

10 ‘‘(3) KEY COMPONENT OF A BINARY OR MULTI11 COMPONENT CHEMICAL SYSTEM.—The term ‘key 

12 component of a binary or multicomponent chemical 

13 system’ means the precursor which plays the most 

14 important role in determining the toxic properties of 

15 the final product and reacts rapidly with other 

16 chemicals in the binary or multicomponent system. 

17 ‘‘(4) PRECURSOR.— 

18 ‘‘(A) IN GENERAL.—The term ‘precursor’ 

19 means any chemical reactant which takes part 

20 at any stage in the production by whatever 

21 method of a toxic chemical. The term includes 

22 any key component of a binary or multicompo23 nent chemical system. 

24 ‘‘(B) LIST OF PRECURSORS.—Precursors 

25 which have been identified for the application of 


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1 verification measures under Article VI of the 

2 Convention are listed in schedules contained in 

3 the Annex on Chemicals of the Chemical Weap4 ons Convention. 

5 ‘‘(5) PURPOSES NOT PROHIBITED BY THIS

6 CHAPTER.—The term ‘purposes not prohibited by 

7 this chapter’ means the following: 

8 ‘‘(A) PEACEFUL PURPOSES.—Any peaceful 

9 purpose related to an industrial, agricultural, 

10 research, medical, or pharmaceutical activity or 

11 other activity. 

12 ‘‘(B) PROTECTIVE PURPOSES.—Any pur13 pose directly related to protection against toxic 

14 chemicals and to protection against chemical 

15 weapons. 

16 ‘‘(C) UNRELATED MILITARY PURPOSES.— 

17 Any military purpose of the United States that 

18 is not connected with the use of a chemical 

19 weapon or that is not dependent on the use of 

20 the toxic or poisonous properties of the chem21 ical weapon to cause death or other harm. 

22 ‘‘(D) LAW ENFORCEMENT PURPOSES.— 

23 Any law enforcement purpose, including any do24 mestic riot control purpose and including impo25 sition of capital punishment. 


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1 ‘‘(6) TOXIC CHEMICAL.— 

2 ‘‘(A) IN GENERAL.—The term ‘toxic chem3 ical’ means any chemical which through its 

4 chemical action on life processes can cause 

5 death, temporary incapacitation or permanent 

6 harm to humans or animals. The term includes 

7 all such chemicals, regardless of their origin or 

8 of their method of production, and regardless of 

9 whether they are produced in facilities, in muni10 tions or elsewhere. 

11 ‘‘(B) LIST OF TOXIC CHEMICALS.—Toxic 

12 chemicals which have been identified for the ap13 plication of verification measures under Article 

14 VI of the Convention are listed in schedules 

15 contained in the Annex on Chemicals of the 

16 Chemical Weapons Convention. 

17 ‘‘CHAPTER 23—THEFT AND RELATED 

18 CRIMES 

‘‘Subchapter 

‘‘A. Embezzlement and theft 

‘‘B. Stolen property 

‘‘C. Counterfeiting and forgery 

19 ‘‘SUBCHAPTER A—EMBEZZLEMENT AND 

20 THEFT 

‘‘641. Public money, property or records. 

‘‘642. Accounting generally for public money. 

‘‘643. Officer or employee of United States converting property of another. 

‘‘644. Theft, embezzlement, or misapplication by bank officer or employee. 

‘‘645. Lending, credit, and insurance institutions. 

‘‘646. Property mortgaged or pledged to farm credit agencies. 


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‘‘647. Interstate or foreign shipments by carrier. 

‘‘648. Carrier’s funds derived from commerce. 

‘‘649. Within special maritime and territorial jurisdiction. 

‘‘650. Receiving stolen property within special maritime and territorial jurisdiction. 

‘‘651. Theft or embezzlement from employee benefit plan. 

‘‘652. Theft or embezzlement from employment and training funds; improper 

inducement. 

‘‘653. Theft or bribery concerning programs receiving Federal funds. 

‘‘654. Theft of major artwork. 

‘‘655. Theft or embezzlement in connection with health care. 

‘‘656. Embezzlement of labor organization assets. 

‘‘657. Theft of medical products. 

1 ‘‘§ 641. Public money, property or records 

2 ‘‘(a) OFFENSE.—Whoever— 

3 ‘‘(1) embezzles, steals, purloins, or knowingly 

4 converts to his use or the use of another, or without 

5 authority, sells, conveys or disposes of any record, 

6 voucher, money, or thing of value of the United 

7 States or of any department or agency thereof, or 

8 any property made or being made under contract for 

9 the United States or any department or agency 

10 thereof; or 

11 ‘‘(2) receives, conceals, or retains the same with 

12 intent to convert it to his use or gain, knowing it to 

13 have been embezzled, stolen, purloined or converted; 

14 shall be imprisoned not more than ten years; but if the 

15 value of such property in the aggregate, combining 

16 amounts from all the counts for which the defendant is 

17 convicted in a single case, does not exceed the sum of 

18 $1,000, he shall be imprisoned not more than one year. 


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1 ‘‘(b) DEFINITION.—As used in this section, the term 

2 ‘value’ means face, par, or market value, or cost price, 

3 either wholesale or retail, whichever is greater. 

4 ‘‘§ 642. Accounting generally for public money 

5 ‘‘Whoever, being an officer, employee or agent of the 

6 United States or of any department or agency thereof, 

7 having received public money which he is not authorized 

8 to retain as salary, pay, or emolument, fails to render his 

9 accounts for the same as provided by law is guilty of em10 bezzlement, and shall be or imprisoned not more than ten 

11 years; but if the amount embezzled does not exceed 

12 $1,000, he shall be imprisoned not more than one year. 

13 ‘‘§ 643. Officer or employee of United States con14 verting property of another 

15 ‘‘Whoever, being an officer or employee of the United 

16 States or of any department or agency thereof, embezzles 

17 or wrongfully converts to his own use the money or prop18 erty of another which comes into his possession or under 

19 his control in the execution of such office or employment, 

20 or under color or claim of authority as such officer or em21 ployee, shall be imprisoned not more than ten years; but 

22 if the sum embezzled is $1,000 or less, he shall be impris23 oned not more than one year. 


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1 ‘‘§ 644. Theft, embezzlement, or misapplication by 

2 bank officer or employee 

3 ‘‘(a) OFFENSE.—Whoever, being an officer, director, 

4 agent or employee of, or connected in any capacity with 

5 any Federal Reserve bank, member bank, depository insti6 tution holding company, national bank, insured bank, 

7 branch or agency of a foreign bank, or organization oper8 ating under section 25 or section 25A of the Federal Re9 serve Act, or a receiver of a national bank, insured bank, 

10 branch, agency, or organization or any agent or employee 

11 of the receiver, or a Federal Reserve Agent, or an agent 

12 or employee of a Federal Reserve Agent or of the Board 

13 of Governors of the Federal Reserve System, embezzles, 

14 abstracts, purloins or knowingly misapplies any of the 

15 moneys, funds or credits of such bank, branch, agency, 

16 or organization or holding company or any moneys, funds, 

17 assets or securities intrusted to the custody or care of such 

18 bank, branch, agency, or organization, or holding company 

19 or to the custody or care of any such agent, officer, direc20 tor, employee or receiver, shall be imprisoned not more 

21 than 30 years; but if the amount embezzled, abstracted, 

22 purloined or misapplied does not exceed $1,000, he shall 

23 be imprisoned not more than one year. 

24 ‘‘(b) DEFINITIONS.—As used in this section— 

25 ‘‘(1) the term ‘member bank’ means any na26 tional bank, state bank, or bank and trust company 


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1 which has become a member of one of the Federal 

2 Reserve banks; 

3 ‘‘(2) the term ‘insured bank’ means any bank, 

4 banking association, trust company, savings bank, or 

5 other banking institution, the deposits of which are 

6 insured by the Federal Deposit Insurance Corpora7 tion; 

8 ‘‘(3) the term ‘branch or agency of a foreign 

9 bank’ means a branch or agency described in para10 graph (E) of the definition of financial institution in 

11 section 1; and 

12 ‘‘(4) the term ‘depository institution holding 

13 company’ has the meaning given such term in sec14 tion 3 of the Federal Deposit Insurance Act. 

15 ‘‘§ 645. Lending, credit, and insurance institutions 

16 ‘‘Whoever, being an officer, agent or employee of or 

17 connected in any capacity with the Federal Deposit Insur18 ance Corporation, National Credit Union Administration, 

19 any Federal home loan bank, the Federal Housing Fi20 nance Agency, Farm Credit Administration, Department 

21 of Housing and Urban Development, Federal Crop Insur22 ance Corporation, the Secretary of Agriculture acting 

23 through the Farmers Home Administration or successor 

24 agency, the Rural Development Administration or suc25 cessor agency, or the Farm Credit System Insurance CorVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00484 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 poration, a Farm Credit Bank, a bank for cooperatives 

2 or any lending, mortgage, insurance, credit or savings and 

3 loan corporation or association authorized or acting under 

4 the laws of the United States or any institution, other 

5 than an insured bank (as defined in section 644), the ac6 counts of which are insured by the Federal Deposit Insur7 ance Corporation, or by the National Credit Union Admin8 istration Board or any small business investment com9 pany, or any community development financial institution 

10 receiving financial assistance under the Riegle Community 

11 Development and Regulatory Improvement Act of 1994, 

12 and whoever, being a receiver of any such institution, or 

13 agent or employee of the receiver, embezzles, abstracts, 

14 purloins or knowingly misapplies any moneys, funds, cred15 its, securities or other things of value belonging to such 

16 institution, or pledged or otherwise intrusted to its care, 

17 shall be imprisoned not more than 30 years; but if the 

18 amount or value embezzled, abstracted, purloined or mis19 applied does not exceed $1,000, he shall be imprisoned not 

20 more than one year. 

21 ‘‘§ 646. Property mortgaged or pledged to farm credit 

22 agencies 

23 ‘‘Whoever, with intent to defraud, knowingly con24 ceals, removes, disposes of, or converts to his own use or 

25 to that of another, any property mortgaged or pledged to, 


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1 or held by, the Farm Credit Administration, any Federal 

2 intermediate credit bank, or the Federal Crop Insurance 

3 Corporation, the Secretary of Agriculture acting through 

4 the Farmers Home Administration or successor agency, 

5 the Rural Development Administration or successor agen6 cy, any regional agricultural credit corporation, or any 

7 bank for cooperatives, shall be imprisoned not more than 

8 five years; but if the value of such property does not ex9 ceed $1,000, he shall be imprisoned not more than one 

10 year. 

11 ‘‘§ 647. Interstate or foreign shipments by carrier 

12 ‘‘Whoever— 

13 ‘‘(1) embezzles, steals, or unlawfully takes, car14 ries away, or conceals, or by fraud or deception ob15 tains from any pipeline system, railroad car, wagon, 

16 motortruck, trailer, or other vehicle, or from any 

17 tank or storage facility, station, station house, plat18 form or depot or from any steamboat, vessel, or 

19 wharf, or from any aircraft, air cargo container, air 

20 terminal, airport, aircraft terminal or air navigation 

21 facility, or from any intermodal container, trailer, 

22 container freight station, warehouse, or freight con23 solidation facility, with intent to convert to his own 

24 use any goods or chattels moving as or which are a 


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1 part of or which constitute an interstate or foreign 

2 shipment of freight, express, or other property; 

3 ‘‘(2) buys or receives or has in his possession 

4 any such goods or chattels, knowing the same to 

5 have been embezzled or stolen; 

6 ‘‘(3) embezzles, steals, or unlawfully takes, car7 ries away, or by fraud or deception obtains with in8 tent to convert to his own use any baggage which 

9 shall have come into the possession of any common 

10 carrier for transportation in interstate or foreign 

11 commerce or breaks into, steals, takes, carries away, 

12 or conceals any of the contents of such baggage, or 

13 buys, receives, or has in his possession any such 

14 baggage or any article therefrom of whatever nature, 

15 knowing the same to have been embezzled or stolen; 

16 or 

17 ‘‘(4) embezzles, steals, or unlawfully takes by 

18 any fraudulent device, scheme, or game, from any 

19 railroad car, bus, vehicle, steamboat, vessel, or air20 craft operated by any common carrier moving in 

21 interstate or foreign commerce or from any pas22 senger thereon any money, baggage, goods, or chat23 tels, or whoever buys, receives, or has in his posses24 sion any such money, baggage, goods, or chattels, 

25 knowing the same to have been embezzled or stolen; 


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1 shall be imprisoned not more than ten years, but if the 

2 amount or value of such money, baggage, goods, or chat3 tels does not exceed $1,000, shall be imprisoned not more 

4 than one year. If the offense involves a pre-retail medical 

5 product (as defined in section 657), it shall be punished 

6 under section 657 unless the penalties provided for under 

7 this section are greater. 

8 ‘‘§ 648. Carrier’s funds derived from commerce 

9 ‘‘(a) OFFENSE.—Whoever, being a president, direc10 tor, officer, or manager of any firm, association, or cor11 poration engaged in commerce as a common carrier, or 

12 whoever, being an employee of such common carrier riding 

13 in or upon any railroad car, motortruck, steamboat, vessel, 

14 aircraft or other vehicle of such carrier moving in inter15 state commerce, embezzles, steals, abstracts, or knowingly 

16 misapplies, or knowingly permits to be misapplied, any of 

17 the moneys, funds, credits, securities, property, or assets 

18 of such firm, association, or corporation arising or accru19 ing from, or used in, such commerce, in whole or in part, 

20 or knowingly converts the same to his own use or to the 

21 use of another, shall be imprisoned not more than ten 

22 years. 

23 ‘‘(b) VENUE.—The offense shall be deemed to have 

24 been committed not only in the district where the violation 

25 first occurred but also in any district in which the defendVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00488 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 ant may have taken or had possession of such moneys, 

2 funds, credits, securities, property or assets. 

3 ‘‘§ 649. Within special maritime and territorial juris4 diction 

5 ‘‘Whoever, within the special maritime and territorial 

6 jurisdiction of the United States, takes and carries away, 

7 with intent to steal or purloin, any personal property of 

8 another shall, if the property taken is of a value exceeding 

9 $1,000, or is taken from the person of another, be impris10 oned not more than five years, and in all other cases, im11 prisoned not more than one year. 

12 ‘‘§ 650. Receiving stolen property within special mari13 time and territorial jurisdiction 

14 ‘‘Whoever, within the special maritime and territorial 

15 jurisdiction of the United States, buys, receives, or con16 ceals any money, goods, bank notes, or other thing which 

17 may be the subject of larceny, which has been feloniously 

18 taken, stolen, or embezzled, from any other person, know19 ing the same to have been so taken, stolen, or embezzled, 

20 shall be imprisoned not more than three years, but if the 

21 amount or value of thing so taken, stolen or embezzled 

22 does not exceed $1,000, the offender shall be imprisoned 

23 not more than one year. 


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1 ‘‘§ 651. Theft or embezzlement from employee benefit 

2 plan 

3 ‘‘(a) OFFENSE.—Whoever embezzles, steals, or un4 lawfully and knowingly abstracts or converts any property 

5 of any employee welfare benefit plan or employee pension 

6 benefit plan, or of any fund connected therewith, shall be 

7 imprisoned not more than five years. 

8 ‘‘(b) DEFINITION.—As used in this section, the term 

9 ‘any employee welfare benefit plan or employee pension 

10 benefit plan’ means any employee benefit plan subject to 

11 any provision of title I of the Employee Retirement In12 come Security Act of 1974. 

13 ‘‘§ 652. Theft or embezzlement from employment and 

14 training funds; improper inducement 

15 ‘‘(a) THEFT OR EMBEZZLEMENT FROM EMPLOY16 MENT AND TRAINING FUNDS.—Whoever, being an officer, 

17 director, agent, or employee of, or connected in any capac18 ity with any agency or organization receiving financial as19 sistance or any funds under the Job Training Partnership 

20 Act or title I of the Workforce Investment Act of 1998 

21 knowingly enrolls an ineligible participant, embezzles, 

22 misapplies, steals, or obtains by fraud any property that 

23 is the subject of a financial assistance agreement or con24 tract pursuant to such Act shall be imprisoned for not 

25 more than 2 years, but if the amount so embezzled, mis26 applied, stolen, or obtained by fraud does not exceed 


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1 $1,000, the offender shall be imprisoned not more than 

2 1 year. 

3 ‘‘(b) IMPROPER INDUCEMENT.—Whoever, by threat 

4 or procuring dismissal of any person from employment or 

5 of refusal to employ or refusal to renew a contract of em6 ployment in connection with a financial assistance agree7 ment or contract under the Job Training Partnership Act 

8 or title I of the Workforce Investment Act of 1998 induces 

9 any person to give up any money or thing of any value 

10 to any person (including such organization or agency re11 ceiving funds) shall be imprisoned not more than 1 year. 

12 ‘‘§ 653. Theft or bribery concerning programs receiv13 ing Federal funds 

14 ‘‘(a) OFFENSE.—Whoever, as made applicable by 

15 subsection (b)— 

16 ‘‘(1) being an agent of an organization, or of a 

17 State, local, or Indian tribal government, or any 

18 agency thereof— 

19 ‘‘(A) embezzles, steals, obtains by fraud, or 

20 otherwise without authority knowingly converts 

21 or intentionally misapplies, property that— 

22 ‘‘(i) is valued at $5,000 or more, and 

23 ‘‘(ii) is owned by, or is under the care, 

24 custody, or control of such organization, 

25 government, or agency; or 


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1 ‘‘(B) corruptly solicits or demands for the 

2 benefit of any person, or accepts or agrees to 

3 accept, anything of value from any person, in4 tending to be influenced or rewarded in connec5 tion with any business, transaction, or series of 

6 transactions of such organization, government, 

7 or agency involving any thing of value of 

8 $5,000 or more; or 

9 ‘‘(2) corruptly gives, offers, or agrees to give 

10 anything of value to any person, with intent to influ11 ence or reward an agent of an organization or of a 

12 State, local or Indian tribal government, or any 

13 agency thereof, in connection with any business, 

14 transaction, or series of transactions of such organi15 zation, government, or agency involving anything of 

16 value of $5,000 or more; 

17 shall be imprisoned not more than 10 years. 

18 ‘‘(b) APPLICABILITY.—Subsection (a) applies if the 

19 organization, government, or agency receives, in any one 

20 year period, benefits in excess of $10,000 under a Federal 

21 program involving a grant, contract, subsidy, loan, guar22 antee, insurance, or other form of Federal assistance. 

23 ‘‘(c) EXCLUSION.—This section does not apply to 

24 bona fide salary, wages, fees, or other compensation paid, 


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1 or expenses paid or reimbursed, in the usual course of 

2 business. 

3 ‘‘(d) DEFINITIONS.—As used in this section— 

4 ‘‘(1) the term ‘agent’ means a person author5 ized to act on behalf of another person or a govern6 ment and, in the case of an organization or govern7 ment, includes a servant or employee, and a partner, 

8 director, officer, manager, and representative; 

9 ‘‘(2) the term ‘government agency’ means a 

10 subdivision of the executive, legislative, judicial, or 

11 other branch of government, including a department, 

12 independent establishment, commission, administra13 tion, authority, board, and bureau, and a corpora14 tion or other legal entity established, and subject to 

15 control, by a government or governments for the 

16 execution of a governmental or intergovernmental 

17 program; 

18 ‘‘(3) the term ‘local’ means of or pertaining to 

19 a political subdivision within a State; and 

20 ‘‘(4) the term ‘in any one-year period’ means a 

21 continuous period that commences no earlier than 

22 twelve months before the commission of the offense 

23 or that ends no later than twelve months after the 

24 commission of the offense. Such period may include 


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•HR 1860 IH

1 time both before and after the commission of the of2 fense. 

3 ‘‘§ 654. Theft of major artwork 

4 ‘‘(a) OFFENSES.—A person who— 

5 ‘‘(1) steals or obtains by fraud from the care, 

6 custody, or control of a museum any object of cul7 tural heritage; or 

8 ‘‘(2) knowing that an object of cultural heritage 

9 has been stolen or obtained by fraud, if in fact the 

10 object was stolen or obtained from the care, custody, 

11 or control of a museum (whether or not that fact is 

12 known to the person), receives, conceals, exhibits, or 

13 disposes of the object, 

14 shall be imprisoned not more than 10 years. 

15 ‘‘(b) DEFINITIONS.—In this section— 

16 ‘‘(1) the term ‘museum’ means an organized 

17 and permanent institution, the activities of which af18 fect interstate or foreign commerce, that— 

19 ‘‘(A) is situated in the United States; 

20 ‘‘(B) is established for an essentially edu21 cational or aesthetic purpose; 

22 ‘‘(C) has a professional staff; and 

23 ‘‘(D) owns, utilizes, and cares for tangible 

24 objects that are exhibited to the public on a 

25 regular schedule; and 


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1 ‘‘(2) the term ‘object of cultural heritage’ 

2 means an object that is— 

3 ‘‘(A) over 100 years old and worth in ex4 cess of $5,000; or 

5 ‘‘(B) worth at least $100,000. 

6 ‘‘§ 655. Theft or embezzlement in connection with 

7 health care 

8 ‘‘Whoever knowingly embezzles, steals, or otherwise 

9 without authority converts or intentionally misapplies any 

10 of the moneys, funds, securities, premiums, credits, prop11 erty, or other assets of a health care benefit program, shall 

12 be imprisoned not more than 10 years, but if the value 

13 of such property does not exceed the sum of $100 the of14 fender shall be imprisoned not more than one year. 

15 ‘‘§ 656. Embezzlement of labor organization assets 

16 ‘‘(a) OFFENSE.—Whoever, being an officer or em17 ployee of a labor organization, embezzles, steals, or unlaw18 fully and knowingly abstracts or converts any of the prop19 erty of the organization shall be imprisoned for not more 

20 than five years. 

21 ‘‘(b) DEFINITION.—As used in this section the term 

22 ‘labor organization’ has the meaning given that term in 

23 the National Labor Relations Act. 


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1 ‘‘§ 657. Theft of medical products 

2 ‘‘(a) PROHIBITED CONDUCT.—Whoever, in, or using 

3 any means or facility of, interstate or foreign commerce— 

4 ‘‘(1) embezzles, steals, or by fraud or deception 

5 obtains, or knowingly and unlawfully takes, carries 

6 away, or conceals a pre-retail medical product; 

7 ‘‘(2) knowingly and falsely makes, alters, 

8 forges, or counterfeits the labeling or documentation 

9 (including documentation relating to origination or 

10 shipping) of a pre-retail medical product; 

11 ‘‘(3) possesses, transports, or traffics in a pre12 retail medical product that was involved in a viola13 tion of paragraph (1) or (2); 

14 ‘‘(4) with intent to defraud, buys, or otherwise 

15 obtains, a pre-retail medical product that has ex16 pired or been stolen; or 

17 ‘‘(5) with intent to defraud, sells, or distributes, 

18 a pre-retail medical product that is expired or stolen; 

19 shall be punished as provided in subsection (c) and be sub20 ject to the other sanctions provided in this section. 

21 ‘‘(b) AGGRAVATED OFFENSES.—An offense under 

22 this section is an aggravated offense if— 

23 ‘‘(1) the defendant is employed by, or is an 

24 agent of, an organization in the supply chain for the 

25 pre-retail medical product; or 

26 ‘‘(2) the violation— 


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1 ‘‘(A) involves the use of violence, force, or 

2 a threat of violence or force; 

3 ‘‘(B) involves the use of a deadly weapon; 

4 ‘‘(C) results in serious bodily injury or 

5 death, including serious bodily injury or death 

6 resulting from the use of the medical product 

7 involved; or 

8 ‘‘(D) is subsequent to a prior conviction 

9 for an offense under this section. 

10 ‘‘(c) CRIMINAL PENALTIES.—Whoever violates sub11 section (a)— 

12 ‘‘(1) if the offense is an aggravated offense 

13 under subsection (b)(2)(C), shall be fined under this 

14 title or imprisoned not more than 30 years, or both; 

15 ‘‘(2) if the value of the medical products in16 volved in the offense is $5,000 or greater, shall be 

17 fined under this title, imprisoned for not more than 

18 15 years, or both, but if the offense is an aggravated 

19 offense other than one under subsection (b)(2)(C), 

20 the maximum term of imprisonment is 20 years; and 

21 ‘‘(3) in any other case, shall be fined under this 

22 title, imprisoned for not more than 3 years, or both, 

23 but if the offense is an aggravated offense other 

24 than one under subsection (b)(2)(C), the maximum 

25 term of imprisonment is 5 years. 


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1 ‘‘(d) CIVIL PENALTIES.—Whoever violates subsection 

2 (a) is subject to a civil penalty in an amount not more 

3 than the greater of— 

4 ‘‘(1) three times the economic loss attributable 

5 to the violation; or 

6 ‘‘(2) $1,000,000. 

7 ‘‘(e) DEFINITIONS.—In this section— 

8 ‘‘(1) the term ‘pre-retail medical product’ 

9 means a medical product that has not yet been made 

10 available for retail purchase by a consumer; 

11 ‘‘(2) the term ‘medical product’ means a drug, 

12 biological product, device, medical food, or infant 

13 formula; 

14 ‘‘(3) the terms ‘device’, ‘drug’, ‘infant formula’, 

15 and ‘labeling’ have, respectively, the meanings given 

16 those terms in section 201 of the Federal Food, 

17 Drug, and Cosmetic Act; 

18 ‘‘(4) the term ‘biological product’ has the mean19 ing given the term in section 351 of the Public 

20 Health Service Act; 

21 ‘‘(5) the term ‘medical food’ has the meaning 

22 given the term in section 5(b) of the Orphan Drug 

23 Act; and 

24 ‘‘(6) the term ‘supply chain’ includes manufac25 turer, wholesaler, repacker, own-labeled distributor, 


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1 private-label distributor, jobber, broker, drug trader, 

2 transportation company, hospital, pharmacy, or se3 curity company. 

4 ‘‘SUBCHAPTER B—STOLEN PROPERTY 

‘‘670. Definitions for subchapter. 

‘‘671. Transportation of stolen vehicles. 

‘‘672. Sale or receipt of stolen vehicles. 

‘‘673. Transportation of stolen goods, securities, moneys, fraudulent State tax 

stamps, or articles used in counterfeiting. 

‘‘674. Sale or receipt of stolen goods, securities, moneys, or fraudulent State tax 

stamps. 

‘‘675. Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging. 

‘‘676. Criminal infringement of a copyright. 

‘‘677. Copyright infringement. 

‘‘678. Unauthorized fixation of and trafficking in sound recordings and music 

videos of live musical performances. 

‘‘679. Unauthorized recording of motion pictures in a motion picture exhibition 

facility. 

‘‘680. Trafficking in counterfeit goods or services. 

‘‘681. Trafficking in certain motor vehicles or motor vehicle parts. 

‘‘682. Chop shops. 

5 ‘‘§ 670. Definitions for subchapter 

6 ‘‘The following definitions apply in this subchapter: 

7 ‘‘(1) The term ‘aircraft’ means any contrivance 

8 now known or hereafter invented, used, or designed 

9 for navigation of or for flight in the air. 

10 ‘‘(2) The term ‘money’ means the legal tender 

11 of the United States or of any foreign country, or 

12 any counterfeit thereof. 

13 ‘‘(3) The term ‘motor vehicle’ means an auto14 mobile, automobile truck, automobile wagon, motor15 cycle, or any other self-propelled vehicle designed for 

16 running on land but not on rails. 


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1 ‘‘(4) The term ‘securities’ means any note, 

2 stock certificate, bond, debenture, check, draft, war3 rant, traveler’s check, letter of credit, warehouse re4 ceipt, negotiable bill of lading, evidence of indebted5 ness, certificate of interest or participation in any 

6 profit-sharing agreement, collateral-trust certificate, 

7 preorganization certificate or subscription, transfer8 able share, investment contract, voting-trust certifi9 cate; valid or blank motor vehicle title; certificate of 

10 interest in property, tangible or intangible; instru11 ment or document or writing evidencing ownership 

12 of goods, wares, and merchandise, or transferring or 

13 assigning any right, title, or interest in or to goods, 

14 wares, and merchandise; or, in general, any instru15 ment commonly known as a ‘security’, or any certifi16 cate of interest or participation in, temporary or in17 terim certificate for, receipt for, warrant, or right to 

18 subscribe to or purchase any of the foregoing, or any 

19 forged, counterfeited, or spurious representation of 

20 any of the foregoing. 

21 ‘‘(5) The term ‘tax stamp’ means any tax 

22 stamp, tax token, tax meter imprint, or any other 

23 form of evidence of an obligation running to a State, 

24 or evidence of the discharge thereof. 


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1 ‘‘(6) The term ‘value’ means the face, par, or 

2 market value, whichever is the greatest, and the ag3 gregate value of all goods, wares, and merchandise, 

4 securities, and money referred to in a single indict5 ment shall constitute the value thereof. 

6 ‘‘(7) The term ‘vessel’ means any watercraft or 

7 other contrivance used or designed for transpor8 tation or navigation on, under, or immediately 

9 above, water. 

10 ‘‘§ 671. Transportation of stolen vehicles 

11 ‘‘Whoever transports in interstate or foreign com12 merce a motor vehicle, vessel, or aircraft, knowing the 

13 same to have been stolen, shall be imprisoned not more 

14 than 10 years. 

15 ‘‘§ 672. Sale or receipt of stolen vehicles 

16 ‘‘Whoever receives, possesses, conceals, stores, bar17 ters, sells, or disposes of any motor vehicle, vessel, or air18 craft, which has crossed a State or United States bound19 ary after being stolen, knowing the same to have been sto20 len, shall be imprisoned not more than 10 years. 

21 ‘‘§ 673. Transportation of stolen goods, securities, 

22 moneys, fraudulent State tax stamps, or 

23 articles used in counterfeiting 

24 ‘‘Whoever— 


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1 ‘‘(1) transports, transmits, or transfers in inter2 state or foreign commerce any goods, wares, mer3 chandise, securities or money, of the value of $5,000 

4 or more, knowing the same to have been stolen, con5 verted or taken by fraud; 

6 ‘‘(2) having devised or intending to devise any 

7 scheme or artifice to defraud, or for obtaining 

8 money or property by means of false or fraudulent 

9 pretenses, representations, or promises, transports 

10 or causes to be transported, or induces any person 

11 or persons to travel in, or to be transported in inter12 state or foreign commerce in the execution or con13 cealment of a scheme or artifice to defraud that per14 son or those persons of money or property having a 

15 value of $5,000 or more; 

16 ‘‘(3) with unlawful intent, transports in inter17 state or foreign commerce any falsely made, forged, 

18 altered, or counterfeited securities or tax stamps, 

19 knowing the same to have been falsely made, forged, 

20 altered, or counterfeited; 

21 ‘‘(4) with unlawful intent, transports in inter22 state or foreign commerce any traveler’s check bear23 ing a forged countersignature; 

24 ‘‘(5) with unlawful intent, transports in inter25 state or foreign commerce, any tool, implement, or 


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•HR 1860 IH

1 thing used or fitted to be used in falsely making, 

2 forging, altering, or counterfeiting any security or 

3 tax stamps, or any part thereof; or 

4 ‘‘(6) transports, transmits, or transfers in inter5 state or foreign commerce any veterans’ memorial 

6 object, knowing the same to have been stolen, con7 verted or taken by fraud; 

8 shall be imprisoned not more than ten years. If the offense 

9 involves a pre-retail medical product (as defined in section 

10 657), it shall be punished under section 657 unless the 

11 penalties provided for the offense under this section are 

12 greater. If the offense involves the transportation, trans13 mission, or transfer in interstate or foreign commerce of 

14 veterans’ memorial objects with a value, in the aggregate, 

15 of less than $1,000, the defendant shall be fined under 

16 this title or imprisoned not more than one year, or both. 

17 For purposes of this section the term ‘veterans’ memorial 

18 object’ means a grave marker, headstone, monument, or 

19 other object, intended to permanently honor a veteran or 

20 mark a veteran’s grave, or any monument that signifies 

21 an event of national military historical significance. 

22 ‘‘§ 674. Sale or receipt of stolen goods, securities, 

23 moneys, or fraudulent State tax stamps 

24 ‘‘Whoever— 


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•HR 1860 IH

1 ‘‘(1) receives, possesses, conceals, stores, bar2 ters, sells, or disposes of any goods, wares, or mer3 chandise, securities, or money of the value of $5,000 

4 or more, or pledges or accepts as security for a loan 

5 any goods, wares, or merchandise, or securities, of 

6 the value of $500 or more, which have crossed a 

7 State or United States boundary after being stolen, 

8 unlawfully converted, or taken, knowing the same to 

9 have been stolen, unlawfully converted, or taken; 

10 ‘‘(2) receives, possesses, conceals, stores, bar11 ters, sells, or disposes of any falsely made, forged, 

12 altered, or counterfeited securities or tax stamps, or 

13 pledges or accepts as security for a loan any falsely 

14 made, forged, altered, or counterfeited securities or 

15 tax stamps, moving as, or which are a part of, or 

16 which constitute interstate or foreign commerce, 

17 knowing the same to have been so falsely made, 

18 forged, altered, or counterfeited; 

19 ‘‘(3) receives in interstate or foreign commerce, 

20 or conceals, stores, barters, sells, or disposes of, any 

21 tool, implement, or thing used or intended to be 

22 used in falsely making, forging, altering, or counter23 feiting any security or tax stamp, or any part there24 of, moving as, or which is a part of, or which con25 stitutes interstate or foreign commerce, knowing 


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1 that the same is fitted to be used, or has been used, 

2 in falsely making, forging, altering, or counterfeiting 

3 any security or tax stamp, or any part thereof; or 

4 ‘‘(4) receives, possesses, conceals, stores, bar5 ters, sells, or disposes of any veterans’ memorial ob6 ject which has crossed a State or United States 

7 boundary after being stolen, unlawfully converted, or 

8 taken, knowing the same to have been stolen, unlaw9 fully converted, or taken; 

10 shall be imprisoned not more than ten years. If the offense 

11 involves a pre-retail medical product (as defined in section 

12 657), it shall be punished under section 657 unless the 

13 penalties provided for the offense under this section are 

14 greater. If the offense involves the receipt, possession, con15 cealment, storage, barter, sale, or disposal of veterans’ me16 morial objects with a value, in the aggregate, of less than 

17 $1,000, the defendant shall be fined under this title or 

18 imprisoned not more than one year, or both. For purposes 

19 of this section the term ‘veterans’ memorial object’ means 

20 a grave marker, headstone, monument, or other object, in21 tended to permanently honor a veteran or mark a vet22 eran’s grave, or any monument that signifies an event of 

23 national military historical significance. 


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1 ‘‘§ 675. Trafficking in counterfeit labels, illicit labels, 

2 or counterfeit documentation or pack3 aging 

4 ‘‘(a) OFFENSE.—Whoever, as made applicable by 

5 subsection (c), knowingly traffics in— 

6 ‘‘(1) a counterfeit label or illicit label affixed to, 

7 enclosing, or accompanying, or designed to be af8 fixed to, enclose, or accompany— 

9 ‘‘(A) a phonorecord; 

10 ‘‘(B) a copy of a computer program; 

11 ‘‘(C) a copy of a motion picture or other 

12 audiovisual work; 

13 ‘‘(D) a copy of a literary work; 

14 ‘‘(E) a copy of a pictorial, graphic, or 

15 sculptural work; 

16 ‘‘(F) a work of visual art; or 

17 ‘‘(G) documentation or packaging; or 

18 ‘‘(2) counterfeit documentation or packaging, 

19 shall be imprisoned for not more than 5 years. 

20 ‘‘(b) DEFINITIONS.—As used in this section— 

21 ‘‘(1) the term ‘counterfeit label’ means an iden22 tifying label or container that appears to be genuine, 

23 but is not; 

24 ‘‘(2) the term ‘traffic’ has the meaning given 

25 that term in section 680; 


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1 ‘‘(3) the terms ‘copy’, ‘phonorecord’, ‘motion 

2 picture’, ‘computer program’, ‘audiovisual work’, ‘lit3 erary work’, ‘pictorial, graphic, or sculptural work’, 

4 ‘sound recording’, ‘work of visual art’, and ‘copy5 right owner’ have, respectively, the meanings given 

6 those terms in section 101 (relating to definitions) 

7 of title 17; 

8 ‘‘(4) the term ‘illicit label’ means a genuine cer9 tificate, licensing document, registration card, or 

10 similar labeling component— 

11 ‘‘(A) that is used by the copyright owner 

12 to verify that a phonorecord, a copy of a com13 puter program, a copy of a motion picture or 

14 other audiovisual work, a copy of a literary 

15 work, a copy of a pictorial, graphic, or sculp16 tural work, a work of visual art, or documenta17 tion or packaging is not counterfeit or infring18 ing of any copyright; and 

19 ‘‘(B) that is, without the authorization of 

20 the copyright owner— 

21 ‘‘(i) distributed or intended for dis22 tribution not in connection with the copy, 

23 phonorecord, or work of visual art to which 

24 such labeling component was intended to 


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1 be affixed by the respective copyright 

2 owner; or 

3 ‘‘(ii) in connection with a genuine cer4 tificate or licensing document, knowingly 

5 falsified in order to designate a higher 

6 number of licensed users or copies than 

7 authorized by the copyright owner, unless 

8 that certificate or document is used by the 

9 copyright owner solely for the purpose of 

10 monitoring or tracking the copyright own11 er’s distribution channel and not for the 

12 purpose of verifying that a copy or phono13 record is noninfringing; 

14 ‘‘(5) the term ‘documentation or packaging’ 

15 means documentation or packaging, in physical 

16 form, for a phonorecord, copy of a computer pro17 gram, copy of a motion picture or other audiovisual 

18 work, copy of a literary work, copy of a pictorial, 

19 graphic, or sculptural work, or work of visual art; 

20 and 

21 ‘‘(6) the term ‘counterfeit documentation or 

22 packaging’ means documentation or packaging that 

23 appears to be genuine, but is not. 

24 ‘‘(c) APPLICATION.—Subsection (a) applies if— 


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1 ‘‘(1) the offense is committed within the special 

2 maritime and territorial jurisdiction of the United 

3 States or within the special aircraft jurisdiction of 

4 the United States (as defined in section 46501 of 

5 title 49); 

6 ‘‘(2) the mail or a facility of interstate or for7 eign commerce is used or intended to be used in the 

8 commission of the offense; 

9 ‘‘(3) the counterfeit label or illicit label is af10 fixed to, encloses, or accompanies, or is designed to 

11 be affixed to, enclose, or accompany— 

12 ‘‘(A) a phonorecord of a copyrighted sound 

13 recording or copyrighted musical work; 

14 ‘‘(B) a copy of a copyrighted computer 

15 program; 

16 ‘‘(C) a copy of a copyrighted motion pic17 ture or other audiovisual work; 

18 ‘‘(D) a copy of a literary work; 

19 ‘‘(E) a copy of a pictorial, graphic, or 

20 sculptural work; 

21 ‘‘(F) a work of visual art; or 

22 ‘‘(G) copyrighted documentation or pack23 aging; or 

24 ‘‘(4) the counterfeited documentation or pack25 aging is copyrighted. 


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1 ‘‘(d) CIVIL REMEDIES.— 

2 ‘‘(1) IN GENERAL.—Any copyright owner who 

3 is injured, or is threatened with injury, by a viola4 tion of subsection (a) may bring a civil action in an 

5 appropriate United States district court. 

6 ‘‘(2) DISCRETION OF COURT.—In any action 

7 brought under paragraph (1), the court— 

8 ‘‘(A) may grant 1 or more temporary or 

9 permanent injunctions on such terms as the 

10 court determines to be reasonable to prevent or 

11 restrain a violation of subsection (a); 

12 ‘‘(B) at any time while the action is pend13 ing, may order the impounding, on such terms 

14 as the court determines to be reasonable, of any 

15 article that is in the custody or control of the 

16 alleged violator and that the court has reason17 able cause to believe was involved in a violation 

18 of subsection (a); and 

19 ‘‘(C) may award to the injured party— 

20 ‘‘(i) reasonable attorney fees and 

21 costs; and 

22 ‘‘(ii)(I) actual damages and any addi23 tional profits of the violator, as provided in 

24 paragraph (3); or 


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1 ‘‘(II) statutory damages, as provided 

2 in paragraph (4). 

3 ‘‘(3) ACTUAL DAMAGES AND PROFITS.— 

4 ‘‘(A) IN GENERAL.—The injured party is 

5 entitled to recover— 

6 ‘‘(i) the actual damages suffered by 

7 the injured party as a result of a violation 

8 of subsection (a), as provided in subpara9 graph (B) of this paragraph; and 

10 ‘‘(ii) any profits of the violator that 

11 are attributable to a violation of subsection 

12 (a) and are not taken into account in com13 puting the actual damages. 

14 ‘‘(B) CALCULATION OF DAMAGES.—The 

15 court shall calculate actual damages by multi16 plying— 

17 ‘‘(i) the value of the phonorecords, 

18 copies, or works of visual art which are, or 

19 are intended to be, affixed with, enclosed 

20 in, or accompanied by any counterfeit la21 bels, illicit labels, or counterfeit docu22 mentation or packaging, by 

23 ‘‘(ii) the number of phonorecords, cop24 ies, or works of visual art which are, or are 

25 intended to be, affixed with, enclosed in, or 


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1 accompanied by any counterfeit labels, il2 licit labels, or counterfeit documentation or 

3 packaging. 

4 ‘‘(C) DEFINITION.—For purposes of this 

5 paragraph, the ‘value’ of a phonorecord, copy, 

6 or work of visual art is— 

7 ‘‘(i) in the case of a copyrighted 

8 sound recording or copyrighted musical 

9 work, the retail value of an authorized pho10 norecord of that sound recording or musi11 cal work; 

12 ‘‘(ii) in the case of a copyrighted com13 puter program, the retail value of an au14 thorized copy of that computer program; 

15 ‘‘(iii) in the case of a copyrighted mo16 tion picture or other audiovisual work, the 

17 retail value of an authorized copy of that 

18 motion picture or audiovisual work; 

19 ‘‘(iv) in the case of a copyrighted lit20 erary work, the retail value of an author21 ized copy of that literary work; 

22 ‘‘(v) in the case of a pictorial, graphic, 

23 or sculptural work, the retail value of an 

24 authorized copy of that work; and 


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1 ‘‘(vi) in the case of a work of visual 

2 art, the retail value of that work. 

3 ‘‘(4) STATUTORY DAMAGES.—The injured party 

4 may elect, at any time before final judgment is ren5 dered, to recover, instead of actual damages and 

6 profits, an award of statutory damages for each vio7 lation of subsection (a) in a sum of not less than 

8 $2,500 or more than $25,000, as the court considers 

9 appropriate. 

10 ‘‘(5) SUBSEQUENT VIOLATION.—The court may 

11 increase an award of damages under this subsection 

12 by 3 times the amount that would otherwise be 

13 awarded, as the court considers appropriate, if the 

14 court finds that a person has subsequently violated 

15 subsection (a) within 3 years after a final judgment 

16 was entered against that person for a violation of 

17 that subsection. 

18 ‘‘(6) LIMITATION ON ACTIONS.—A civil action 

19 may not be commenced under this subsection unless 

20 it is commenced within 3 years after the date on 

21 which the claimant discovers the violation of sub22 section (a). 


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1 ‘‘§ 676. Criminal infringement of a copyright 

2 ‘‘(a) SECTION 677 OFFENSES IN GENERAL.—Who3 ever violates section 677 shall be punished as provided in 

4 subsections (b), (c), and (d). 

5 ‘‘(b) SUBSECTION (a)(1)(A) OFFENSES.—Whoever 

6 commits an offense under section 677(a)(1)(A)— 

7 ‘‘(1) shall be imprisoned not more than 5 years, 

8 if the offense consists of the reproduction or dis9 tribution, including by electronic means, during any 

10 180-day period, of at least 10 copies or 

11 phonorecords, of 1 or more copyrighted works, which 

12 have a total retail value of more than $2,500; 

13 ‘‘(2) shall be imprisoned not more than 10 

14 years if the offense is a felony and is a second or 

15 subsequent offense under subsection (a); and 

16 ‘‘(3) shall be imprisoned not more than 1 year 

17 in any other case. 

18 ‘‘(c) SUBSECTION (a)(1)(B) OFFENSES.—Whoever 

19 commits an offense under section 677(a)(1)(B)— 

20 ‘‘(1) shall be imprisoned not more than 3 years, 

21 if the offense consists of the reproduction or dis22 tribution of 10 or more copies or phonorecords of 1 

23 or more copyrighted works, which have a total retail 

24 value of $2,500 or more; 


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1 ‘‘(2) shall be imprisoned not more than 6 years, 

2 or if the offense is a felony and is a second or subse3 quent offense under subsection (a); and 

4 ‘‘(3) shall be imprisoned not more than 1 year, 

5 or if the offense consists of the reproduction or dis6 tribution of 1 or more copies or phonorecords of 1 

7 or more copyrighted works, which have a total retail 

8 value of more than $1,000. 

9 ‘‘(d) SUBSECTION (a)(1)(C) OFFENSES.—Whoever 

10 commits an offense under section 677(a)(1)(C)— 

11 ‘‘(1) shall be imprisoned not more than 3 years; 

12 ‘‘(2) shall be imprisoned not more than 5 years 

13 if the offense was committed for purposes of com14 mercial advantage or private financial gain; 

15 ‘‘(3) shall be imprisoned not more than 6 years 

16 if the offense is a second or subsequent offense; and 

17 ‘‘(4) shall be imprisoned not more than 10 

18 years if the offense is a second or subsequent offense 

19 under paragraph (2). 

20 ‘‘(e) VICTIM IMPACT.— 

21 ‘‘(1) IN GENERAL.—During preparation of the 

22 presentence report pursuant to Rule 32(c) of the 

23 Federal Rules of Criminal Procedure, victims of the 

24 offense shall be permitted to submit, and the proba25 tion officer shall receive, a victim impact statement 


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1 that identifies the victim of the offense and the ex2 tent and scope of the injury and loss suffered by the 

3 victim, including the estimated economic impact of 

4 the offense on that victim. 

5 ‘‘(2) PERSONS PERMITTED TO SUBMIT.—Per6 sons permitted to submit victim impact statements 

7 shall include— 

8 ‘‘(A) producers and sellers of legitimate 

9 works affected by conduct involved in the of10 fense; 

11 ‘‘(B) holders of intellectual property rights 

12 in such works; and 

13 ‘‘(C) the legal representatives of such pro14 ducers, sellers, and holders. 

15 ‘‘(f) DEFINITIONS.—As used in this section— 

16 ‘‘(1) the terms ‘phonorecord’ and ‘copies’ have, 

17 respectively, the meanings set forth in section 101 

18 (relating to definitions) of title 17; 

19 ‘‘(2) the terms ‘reproduction’ and ‘distribution’ 

20 refer to the exclusive rights of a copyright owner 

21 under clauses (1) and (3) respectively of section 106 

22 (relating to exclusive rights in copyrighted works), 

23 as limited by sections 107 through 122, of title 17; 

24 ‘‘(3) the term ‘financial gain’ has the meaning 

25 given the term in section 101 of title 17; and 


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1 ‘‘(4) the term ‘work being prepared for com2 mercial distribution’ has the meaning given the term 

3 in section 677. 

4 ‘‘§ 677. Copyright infringement 

5 ‘‘(a) CRIMINAL INFRINGEMENT.— 

6 ‘‘(1) IN GENERAL.—Whoever knowingly in7 fringes a copyright shall be punished as provided 

8 under section 676, if the infringement was com9 mitted— 

10 ‘‘(A) for purposes of commercial advantage 

11 or private financial gain; 

12 ‘‘(B) by the reproduction or distribution, 

13 including by electronic means, during any 180- 

14 day period, of 1 or more copies or phonorecords 

15 of 1 or more copyrighted works, which have a 

16 total retail value of more than $1,000; or 

17 ‘‘(C) by the distribution of a work being 

18 prepared for commercial distribution, by mak19 ing it available on a computer network acces20 sible to members of the public, if such person 

21 knew or should have known that the work was 

22 intended for commercial distribution. 

23 ‘‘(2) EVIDENCE.—For purposes of this sub24 section, evidence of reproduction or distribution of a 


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1 copyrighted work, by itself, shall not be sufficient to 

2 establish knowing infringement of a copyright. 

3 ‘‘(3) DEFINITION.—In this subsection, the term 

4 ‘work being prepared for commercial distribution’ 

5 means— 

6 ‘‘(A) a computer program, a musical work, 

7 a motion picture or other audiovisual work, or 

8 a sound recording, if, at the time of unauthor9 ized distribution— 

10 ‘‘(i) the copyright owner has a reason11 able expectation of commercial distribu12 tion; and 

13 ‘‘(ii) the copies or phonorecords of the 

14 work have not been commercially distrib15 uted; or 

16 ‘‘(B) a motion picture, if, at the time of 

17 unauthorized distribution, the motion picture— 

18 ‘‘(i) has been made available for view19 ing in a motion picture exhibition facility; 

20 and 

21 ‘‘(ii) has not been made available in 

22 copies for sale to the general public in the 

23 United States in a format intended to per24 mit viewing outside a motion picture exhi25 bition facility. 


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1 ‘‘(b) FRAUDULENT COPYRIGHT NOTICE.—Whoever, 

2 with fraudulent intent, places on any article a notice of 

3 copyright or words of the same purport that such person 

4 knows to be false, or who, with fraudulent intent, publicly 

5 distributes or imports for public distribution any article 

6 bearing such notice or words that such person knows to 

7 be false, shall be fined not more than $2,500. 

8 ‘‘(c) FRAUDULENT REMOVAL OF COPYRIGHT NO9 TICE.—Whoever, with fraudulent intent, removes or alters 

10 any notice of copyright appearing on a copy of a copy11 righted work shall be fined not more than $2,500. 

12 ‘‘(d) FALSE REPRESENTATION.—Whoever knowingly 

13 makes a false representation of a material fact in the ap14 plication for copyright registration provided for by section 

15 409 of title 17, or in any written statement filed in connec16 tion with the application, shall be fined not more than 

17 $2,500. 

18 ‘‘(e) RIGHTS OF ATTRIBUTION AND INTEGRITY.— 

19 Nothing in this section applies to infringement of the 

20 rights conferred by section 106A(a) of title 17. 


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1 ‘‘§ 678. Unauthorized fixation of and trafficking in 

2 sound recordings and music videos of 

3 live musical performances 

4 ‘‘(a) OFFENSE.—Whoever, without the consent of the 

5 performer or performers involved, knowingly and for pur6 poses of commercial advantage or private financial gain— 

7 ‘‘(1) fixes the sounds or sounds and images of 

8 a live musical performance in a copy or phonorecord, 

9 or reproduces copies or phonorecords of such a per10 formance from an unauthorized fixation; 

11 ‘‘(2) transmits or otherwise communicates to 

12 the public the sounds or sounds and images of a live 

13 musical performance; or 

14 ‘‘(3) distributes or offers to distribute, sells or 

15 offers to sell, rents or offers to rent, or traffics in 

16 any copy or phonorecord fixed as described in para17 graph (1), regardless of whether the fixations oc18 curred in the United States; 

19 shall be imprisoned for not more than 5 years, or if the 

20 offense is a second or subsequent offense, shall be impris21 oned for not more than 10 years. 

22 ‘‘(b) SEIZURE AND FORFEITURE.—If copies or 

23 phonorecords of sounds or sounds and images of a live 

24 musical performance are fixed outside of the United States 

25 without the consent of the performer or performers in26 volved, such copies or phonorecords are subject to seizure 


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1 and forfeiture in the United States in the same manner 

2 as property imported in violation of the customs laws. The 

3 Secretary of Homeland Security shall issue regulations by 

4 which any performer may, upon payment of a specified 

5 fee, be entitled to notification by United States Customs 

6 and Border Protection of the importation of copies or 

7 phonorecords that appear to consist of unauthorized fixa8 tions of the sounds or sounds and images of a live musical 

9 performance. 

10 ‘‘(c) VICTIM IMPACT STATEMENT.—(1) During prep11 aration of the presentence report pursuant to Rule 32(c) 

12 of the Federal Rules of Criminal Procedure, victims of the 

13 offense shall be permitted to submit, and the probation 

14 officer shall receive, a victim impact statement that identi15 fies the victim of the offense and the extent and scope 

16 of the injury and loss suffered by the victim, including 

17 the estimated economic impact of the offense on that vic18 tim. 

19 ‘‘(2) Persons permitted to submit victim impact 

20 statements shall include— 

21 ‘‘(A) producers and sellers of legitimate works 

22 affected by conduct involved in the offense; 

23 ‘‘(B) holders of intellectual property rights in 

24 such works; and 


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1 ‘‘(C) the legal representatives of such pro2 ducers, sellers, and holders. 

3 ‘‘(d) DEFINITIONS.—As used in this section— 

4 ‘‘(1) the terms ‘copy’, ‘fixed’, ‘musical work’, 

5 ‘phonorecord’, ‘reproduce’, ‘sound recordings’, and 

6 ‘transmit’ mean those terms within the meaning of 

7 title 17; and 

8 ‘‘(2) the term ‘traffic’ has the meaning given 

9 that term in section 680. 

10 ‘‘(e) APPLICABILITY.—This section applies to any 

11 conduct that occurs on or after the date of the enactment 

12 of the Uruguay Round Agreements Act. 

13 ‘‘§ 679. Unauthorized recording of motion pictures in 

14 a motion picture exhibition facility 

15 ‘‘(a) OFFENSE.—Whoever, without the authorization 

16 of the copyright owner, knowingly uses or attempts to use 

17 an audiovisual recording device to transmit or make a copy 

18 of a motion picture or other audiovisual work protected 

19 under title 17, or any part thereof, from a performance 

20 of such work in a motion picture exhibition facility, shall— 

21 ‘‘(1) be imprisoned for not more than 3 years; 

22 or 

23 ‘‘(2) if the offense is a second or subsequent of24 fense, be imprisoned for no more than 6 years. 


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1 The possession by a person of an audiovisual recording 

2 device in a motion picture exhibition facility may be con3 sidered as evidence in any proceeding to determine wheth4 er that person committed an offense under this subsection, 

5 but shall not, by itself, be sufficient to support a conviction 

6 of that person for such offense. 

7 ‘‘(b) AUTHORIZED ACTIVITIES.—This section does 

8 not prevent any lawfully authorized investigative, protec9 tive, or intelligence activity by an officer, agent, or em10 ployee of the United States, a State, or a political subdivi11 sion of a State, or by a person acting under a contract 

12 with the United States, a State, or a political subdivision 

13 of a State. 

14 ‘‘(c) IMMUNITY FOR THEATERS.—With reasonable 

15 cause, the owner or lessee of a motion picture exhibition 

16 facility where a motion picture or other audiovisual work 

17 is being exhibited, the authorized agent or employee of 

18 such owner or lessee, the licensor of the motion picture 

19 or other audiovisual work being exhibited, or the agent 

20 or employee of such licensor— 

21 ‘‘(1) may detain, in a reasonable manner and 

22 for a reasonable time, any person suspected of a vio23 lation of this section with respect to that motion pic24 ture or audiovisual work for the purpose of ques25 tioning or summoning a law enforcement officer; and 


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1 ‘‘(2) shall not be held liable in any civil or 

2 criminal action arising out of a detention under 

3 paragraph (1). 

4 ‘‘(d) VICTIM IMPACT STATEMENT.— 

5 ‘‘(1) IN GENERAL.—During the preparation of 

6 the presentence report under rule 32(c) of the Fed7 eral Rules of Criminal Procedure, victims of an of8 fense under this section shall be permitted to submit 

9 to the probation officer a victim impact statement 

10 that identifies the victim of the offense and the ex11 tent and scope of the injury and loss suffered by the 

12 victim, including the estimated economic impact of 

13 the offense on that victim. 

14 ‘‘(2) CONTENTS.—A victim impact statement 

15 submitted under this subsection shall include— 

16 ‘‘(A) producers and sellers of legitimate 

17 works affected by conduct involved in the of18 fense; 

19 ‘‘(B) holders of intellectual property rights 

20 in the works described in subparagraph (A); 

21 and 

22 ‘‘(C) the legal representatives of such pro23 ducers, sellers, and holders. 

24 ‘‘(e) DEFINITIONS.—In this section, the following 

25 definitions apply: 


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1 ‘‘(1) TITLE 17 DEFINITIONS.—The terms 

2 ‘audiovisual work’, ‘copy’, ‘copyright owner’, ‘motion 

3 picture’, ‘motion picture exhibition facility’, and 

4 ‘transmit’ have, respectively, the meanings given 

5 those terms in section 101 of title 17. 

6 ‘‘(2) AUDIOVISUAL RECORDING DEVICE.—The 

7 term ‘audiovisual recording device’ means a digital 

8 or analog photographic or video camera, or any 

9 other technology or device capable of enabling the 

10 recording or transmission of a copyrighted motion 

11 picture or other audiovisual work, or any part there12 of, regardless of whether audiovisual recording is the 

13 sole or primary purpose of the device. 

14 ‘‘§ 680. Trafficking in counterfeit goods or services 

15 ‘‘(a) OFFENSES.—Whoever intentionally— 

16 ‘‘(1) traffics in goods or services and knowingly 

17 uses a counterfeit mark on or in connection with 

18 such goods or services, 

19 ‘‘(2) traffics in labels, patches, stickers, wrap20 pers, badges, emblems, medallions, charms, boxes, 

21 containers, cans, cases, hangtags, documentation, or 

22 packaging of any type or nature, knowing that a 

23 counterfeit mark has been applied thereto, the use of 

24 which is likely to cause confusion, to cause mistake, 

25 or to deceive, 


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1 ‘‘(3) traffics in goods or services knowing that 

2 such good or service is a counterfeit military good or 

3 service the use, malfunction, or failure of which is 

4 likely to cause serious bodily injury or death, the 

5 disclosure of classified information, impairment of 

6 combat operations, or other significant harm to a 

7 combat operation, a member of the Armed Forces, 

8 or to national security, or 

9 ‘‘(4) traffics in a counterfeit drug, 

10 shall be punished as provided in subsection (b). 

11 ‘‘(b) PENALTIES.— 

12 ‘‘(1) IN GENERAL.—Whoever commits an of13 fense under subsection (a)— 

14 ‘‘(A) if an individual, shall be fined not 

15 more than $2,000,000 or imprisoned not more 

16 than 10 years, or both, and, if a person other 

17 than an individual, shall be fined not more than 

18 $5,000,000; and 

19 ‘‘(B) for a second or subsequent offense 

20 under subsection (a), if an individual, shall be 

21 fined not more than $5,000,000 or imprisoned 

22 not more than 20 years, or both, and if other 

23 than an individual, shall be fined not more than 

24 $15,000,000. 

25 ‘‘(2) SERIOUS BODILY INJURY OR DEATH.— 


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1 ‘‘(A) SERIOUS BODILY INJURY.—Whoever 

2 knowingly or recklessly causes or attempts to 

3 cause serious bodily injury from conduct in vio4 lation of subsection (a), if an individual, shall 

5 be fined not more than $5,000,000 or impris6 oned for not more than 20 years, or both, and 

7 if other than an individual, shall be fined not 

8 more than $15,000,000. 

9 ‘‘(B) DEATH.—Whoever knowingly or 

10 recklessly causes or attempts to cause death 

11 from conduct in violation of subsection (a), if 

12 an individual, shall be fined not more than 

13 $5,000,000 or imprisoned for any term of years 

14 or for life, or both, and if other than an indi15 vidual, shall be fined not more than 

16 $15,000,000. 

17 ‘‘(3) COUNTERFEIT MILITARY GOODS OR SERV18 ICES AND COUNTERFEIT DRUGS.—Whoever commits 

19 an offense under subsection (a) involving a counter20 feit military good or service or counterfeit drug— 

21 ‘‘(A) if an individual, shall be fined not 

22 more than $5,000,000, imprisoned not more 

23 than 20 years, or both, and if other than an in24 dividual, be fined not more than $15,000,000; 

25 and 


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1 ‘‘(B) for a second or subsequent offense, if 

2 an individual, shall be fined not more than 

3 $15,000,000, imprisoned not more than 30 

4 years, or both, and if other than an individual, 

5 shall be fined not more than $30,000,000. 

6 ‘‘(c) FORFEITURE AND DESTRUCTION OF PROPERTY; 

7 RESTITUTION.—Forfeiture, destruction, and restitution 

8 relating to this section shall be subject to section 2323, 

9 to the extent provided in that section, in addition to any 

10 other similar remedies provided by law. 

11 ‘‘(d) APPLICATION OF LANHAM ACT DEFENSES; AF12 FIRMATIVE DEFENSES; AND LIMITATION ON REM13 EDIES.—All defenses, affirmative defenses, and limitations 

14 on remedies that would be applicable in an action under 

15 the Lanham Act shall be applicable in a prosecution under 

16 this section. In a prosecution under this section, the de17 fendant shall have the burden of proof, by a preponder18 ance of the evidence, of any such affirmative defense. 

19 ‘‘(e) PRESENTENCE REPORT.—(1) During prepara20 tion of the presentence report pursuant to Rule 32(c) of 

21 the Federal Rules of Criminal Procedure, victims of the 

22 offense shall be permitted to submit, and the probation 

23 officer shall receive, a victim impact statement that identi24 fies the victim of the offense and the extent and scope 

25 of the injury and loss suffered by the victim, including 


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1 the estimated economic impact of the offense on that vic2 tim. 

3 ‘‘(2) Persons permitted to submit victim impact 

4 statements shall include— 

5 ‘‘(A) producers and sellers of legitimate goods 

6 or services affected by conduct involved in the of7 fense; 

8 ‘‘(B) holders of intellectual property rights in 

9 such goods or services; and 

10 ‘‘(C) the legal representatives of such pro11 ducers, sellers, and holders. 

12 ‘‘(f) DEFINITIONS.—In this section— 

13 ‘‘(1) the term ‘counterfeit drug’ means a drug, 

14 as defined by section 201 of the Federal Food, 

15 Drug, and Cosmetic Act, that uses a counterfeit 

16 mark on or in connection with the drug; 

17 ‘‘(2) the term ‘counterfeit mark’ means— 

18 ‘‘(A) a spurious mark— 

19 ‘‘(i) that is used in connection with 

20 trafficking in any goods, services, labels, 

21 patches, stickers, wrappers, badges, em22 blems, medallions, charms, boxes, con23 tainers, cans, cases, hangtags, documenta24 tion, or packaging of any type or nature; 


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1 ‘‘(ii) that is identical with, or substan2 tially indistinguishable from, a mark reg3 istered on the principal register in the 

4 United States Patent and Trademark Of5 fice and in use, whether or not the defend6 ant knew such mark was so registered; 

7 ‘‘(iii) that is applied to or used in con8 nection with the goods or services for 

9 which the mark is registered with the 

10 United States Patent and Trademark Of11 fice, or is applied to or consists of a label, 

12 patch, sticker, wrapper, badge, emblem, 

13 medallion, charm, box, container, can, 

14 case, hangtag, documentation, or pack15 aging of any type or nature that is de16 signed, marketed, or otherwise intended to 

17 be used on or in connection with the goods 

18 or services for which the mark is registered 

19 in the United States Patent and Trade20 mark Office; and 

21 ‘‘(iv) the use of which is likely to 

22 cause confusion, to cause mistake, or to 

23 deceive; or 

24 ‘‘(B) a spurious designation that is iden25 tical with, or substantially indistinguishable 


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1 from, a designation as to which the remedies of 

2 the Lanham Act are made available by reason 

3 of section 220506 of title 36; 

4 but such term does not include any mark or designa5 tion used in connection with goods or services, or a 

6 mark or designation applied to labels, patches, stick7 ers, wrappers, badges, emblems, medallions, charms, 

8 boxes, containers, cans, cases, hangtags, documenta9 tion, or packaging of any type or nature used in con10 nection with such goods or services, of which the 

11 manufacturer or producer was, at the time of the 

12 manufacture or production in question, authorized to 

13 use the mark or designation for the type of goods or 

14 services so manufactured or produced, by the holder 

15 of the right to use such mark or designation; 

16 ‘‘(3) the term ‘financial gain’ includes the re17 ceipt, or expected receipt, of anything of value; 

18 ‘‘(4) the term ‘Lanham Act’ means the Act en19 titled ‘An Act to provide for the registration and 

20 protection of trademarks used in commerce, to carry 

21 out the provisions of certain international conven22 tions, and for other purposes’, approved July 5, 

23 1946 (15 U.S.C. 1051 et seq.); 

24 ‘‘(5) the term ‘counterfeit military good or serv25 ice’ means a good or service that uses a counterfeit 


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1 mark on or in connection with such good or service 

2 and that— 

3 ‘‘(A) is falsely identified or labeled as 

4 meeting military specifications, or 

5 ‘‘(B) is intended for use in a military or 

6 national security application; and 

7 ‘‘(6) the term ‘traffic’ means to transport, 

8 transfer, or otherwise dispose of, to another, for pur9 poses of commercial advantage or private financial 

10 gain, or to make, import, export, obtain control of, 

11 or possess, with intent to so transport, transfer, or 

12 otherwise dispose of. 

13 ‘‘(g) LIMITATION ON CAUSE OF ACTION.—Nothing in 

14 this section shall entitle the United States to bring a 

15 criminal cause of action under this section for the repack16 aging of genuine goods or services not intended to deceive 

17 or confuse. 

18 ‘‘(h) REPORT TO CONGRESS.—(1) Beginning with the 

19 first year after the date of enactment of this subsection, 

20 the Attorney General shall include in the report of the At21 torney General to Congress on the business of the Depart22 ment of Justice prepared pursuant to section 522 of title 

23 28, an accounting, on a district by district basis, of the 

24 following with respect to all actions taken by the Depart25 ment of Justice that involve trafficking in counterfeit laVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00532 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 bels for phonorecords, copies of computer programs or 

2 computer program documentation or packaging, copies of 

3 motion pictures or other audiovisual works (as defined in 

4 section 2318 of this title), criminal infringement of copy5 rights (as defined in section 2319 of this title), unauthor6 ized fixation of and trafficking in sound recordings and 

7 music videos of live musical performances (as defined in 

8 section 2319A of this title), or trafficking in goods or serv9 ices bearing counterfeit marks (as defined in section 2320 

10 of this title): 

11 ‘‘(A) The number of open investigations. 

12 ‘‘(B) The number of cases referred by the 

13 United States Customs Service. 

14 ‘‘(C) The number of cases referred by other 

15 agencies or sources. 

16 ‘‘(D) The number and outcome, including set17 tlements, sentences, recoveries, and penalties, of all 

18 prosecutions brought under sections 2318, 2319, 

19 2319A, and 2320 of title 18. 

20 ‘‘(2)(A) The report under paragraph (1), with respect 

21 to criminal infringement of copyright, shall include the fol22 lowing: 

23 ‘‘(i) The number of infringement cases in these 

24 categories: audiovisual (videos and films); audio 

25 (sound recordings); literary works (books and musiVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00533 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 cal compositions); computer programs; video games; 

2 and, others. 

3 ‘‘(ii) The number of online infringement cases. 

4 ‘‘(iii) The number and dollar amounts of fines 

5 assessed in specific categories of dollar amounts. 

6 These categories shall be: no fines ordered; fines 

7 under $500; fines from $500 to $1,000; fines from 

8 $1,000 to $5,000; fines from $5,000 to $10,000; 

9 and fines over $10,000. 

10 ‘‘(iv) The total amount of restitution ordered in 

11 all copyright infringement cases. 

12 ‘‘(B) In this paragraph, the term ‘online infringement 

13 cases’ as used in paragraph (2) means those cases where 

14 the infringer— 

15 ‘‘(i) advertised or publicized the infringing work 

16 on the Internet; or 

17 ‘‘(ii) made the infringing work available on the 

18 Internet for download, reproduction, performance, or 

19 distribution by other persons. 

20 ‘‘(C) The information required under subparagraph 

21 (A) shall be submitted in the report required in fiscal year 

22 2005 and thereafter. 

23 ‘‘(i) TRANSSHIPMENT AND EXPORTATION.—No 

24 goods or services, the trafficking in of which is prohibited 

25 by this section, shall be transshipped through or exported 


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1 from the United States. Any such transshipment or expor2 tation shall be deemed a violation of section 42 of an Act 

3 to provide for the registration of trademarks used in com4 merce, to carry out the provisions of certain international 

5 conventions, and for other purposes, approved July 5, 

6 1946 (commonly referred to as the ‘Trademark Act of 

7 1946’ or the ‘Lanham Act’). 

8 ‘‘§ 681. Trafficking in certain motor vehicles or motor 

9 vehicle parts 

10 ‘‘(a) OFFENSE.—Whoever buys, receives, possesses, 

11 or obtains control of, with intent to sell or otherwise dis12 pose of, a motor vehicle or motor vehicle part, knowing 

13 that an identification number for such motor vehicle or 

14 part has been removed, obliterated, tampered with, or al15 tered, shall be imprisoned not more than ten years. 

16 ‘‘(b) NONAPPLICABILITY.—Subsection (a) does not 

17 apply if the removal, obliteration, tampering, or alter18 ation— 

19 ‘‘(1) is caused by collision or fire; or 

20 ‘‘(2) is not a violation of section 717. 

21 ‘‘(c) DEFINITIONS.—As used in this section, the 

22 terms ‘identification number’ and ‘motor vehicle’ have the 

23 meaning given those terms in section 717. 

24 ‘‘§ 682. Chop shops 

25 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) UNLAWFUL ACTION.—Whoever knowingly 

2 owns, operates, maintains, or controls a chop shop 

3 or conducts operations in a chop shop shall be pun4 ished by imprisonment for not more than 15 years. 

5 If a conviction of a person under this paragraph is 

6 for a violation committed after the first conviction of 

7 such person under this paragraph, the maximum 

8 punishment shall be doubled with respect to any fine 

9 and imprisonment. 

10 ‘‘(2) INJUNCTIONS.—The Attorney General 

11 shall, as appropriate, in the case of any person who 

12 violates paragraph (1), commence a civil action for 

13 permanent or temporary injunction to restrain such 

14 violation. 

15 ‘‘(b) DEFINITION.—For purposes of this section, the 

16 term ‘chop shop’ means any building, lot, facility, or other 

17 structure or premise where one or more persons engage 

18 in receiving, concealing, destroying, disassembling, dis19 mantling, reassembling, or storing any passenger motor 

20 vehicle or passenger motor vehicle part which has been un21 lawfully obtained in order to alter, counterfeit, deface, de22 stroy, disguise, falsify, forge, obliterate, or remove the 

23 identity, including the vehicle identification number or de24 rivative thereof, of such vehicle or vehicle part and to disVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00536 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 tribute, sell, or dispose of such vehicle or vehicle part in 

2 interstate or foreign commerce. 

3 ‘‘SUBCHAPTER C—COUNTERFEITING AND 

4 FORGERY 

‘‘691. Counterfeit Acts committed outside the United States. 

‘‘692. Obligations or securities of United States. 

‘‘693. Uttering counterfeit obligations or securities. 

‘‘694. Dealing in counterfeit obligations or securities. 

‘‘695. Plates, stones, or analog, digital, or electronic images for counterfeiting 

obligations or securities. 

‘‘696. Deterrents to counterfeiting of obligations and securities. 

‘‘697. Taking impressions of tools used for obligations or securities. 

‘‘698. Possessing or selling impressions of tools used for obligations or securities. 

‘‘699. Foreign obligations or securities. 

‘‘700. Uttering counterfeit foreign obligations or securities. 

‘‘701. Possessing counterfeit foreign obligations or securities. 

‘‘702. Plates, stones, or analog, digital, or electronic images for counterfeiting 

foreign obligations or securities. 

‘‘703. Uttering counterfeit foreign bank notes. 

‘‘704. Connecting parts of different notes. 

‘‘705. Tokens or paper used as money. 

‘‘706. Forfeiture of counterfeit paraphernalia. 

‘‘707. Bonds and obligations of certain lending agencies. 

‘‘708. Contracts, deeds, and powers of attorney. 

‘‘709. Military or naval discharge certificates. 

‘‘710. Military, naval, or official passes. 

‘‘711. Money orders. 

‘‘712. Postage stamps, postage meter stamps, and postal cards. 

‘‘713. Printing and filming of United States and foreign obligations and securities. 

‘‘714. Seals of courts; signatures of judges or Court officers. 

‘‘715. Seals of departments or agencies. 

‘‘716. Forging endorsements on Treasury checks or bonds or securities of the 

United States. 

‘‘717. Altering or removing motor vehicle identification numbers. 

‘‘718. Securities of the States and private entities. 

‘‘719. Fictitious obligations. 

5 ‘‘§ 691. Counterfeit Acts committed outside the 

6 United States 

7 ‘‘Whoever, outside the United States, engages in the 

8 act of— 


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1 ‘‘(1) making, dealing, or possessing any coun2 terfeit obligation or other security of the United 

3 States; or 

4 ‘‘(2) making, dealing, or possessing any plate, 

5 stone, analog, digital, or electronic image, or other 

6 thing, or any part thereof, used to counterfeit such 

7 obligation or security, 

8 if such act would constitute a violation of section 692, 694, 

9 or 695 if committed within the United States, shall be 

10 punished as is provided for the like offense within the 

11 United States. 

12 ‘‘§ 692. Obligations or securities of United States 

13 ‘‘Whoever, with intent to defraud, falsely makes, 

14 forges, counterfeits, or alters any obligation or other secu15 rity of the United States, shall be imprisoned not more 

16 than 20 years. 

17 ‘‘§ 693. Uttering counterfeit obligations or securities 

18 ‘‘Whoever, with intent to defraud, passes, utters, pub19 lishes, or sells, or attempts to pass, utter, publish, or sell, 

20 or with like intent brings into the United States or keeps 

21 in possession or conceals any falsely made, forged, coun22 terfeited, or altered obligation or other security of the 

23 United States, shall be imprisoned not more than 20 

24 years. 


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1 ‘‘§ 694. Dealing in counterfeit obligations or securi2 ties 

3 ‘‘Whoever buys, sells, exchanges, transfers, receives, 

4 or delivers any false, forged, counterfeited, or altered obli5 gation or other security of the United States, with the in6 tent that the same be passed, published, or used as true 

7 and genuine, shall be imprisoned not more than 20 years. 

8 ‘‘§ 695. Plates, stones, or analog, digital, or electronic 

9 images for counterfeiting obligations or 

10 securities 

11 ‘‘(a) OFFENSE.—Whoever— 

12 ‘‘(1) having control, custody, or possession of 

13 any plate, stone, or other thing, or any part thereof, 

14 from which has been printed, or which may be pre15 pared by direction of the Secretary of the Treasury 

16 for the purpose of printing, any obligation or other 

17 security of the United States, uses such plate, stone, 

18 or other thing, or any part thereof, or knowingly 

19 suffers the same to be used for the purpose of print20 ing any such or similar obligation or other security, 

21 or any part thereof, except as may be printed for the 

22 use of the United States by order of the proper offi23 cer thereof; 

24 ‘‘(2) makes or executes any plate, stone, or 

25 other thing in the likeness of any plate designated 

26 for the printing of such obligation or other security; 


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1 ‘‘(3) with intent to defraud, makes, executes, 

2 acquires, scans, captures, records, receives, trans3 mits, reproduces, sells, or has in such person’s con4 trol, custody, or possession, an analog, digital, or 

5 electronic image of any obligation or other security 

6 of the United States; 

7 ‘‘(4) sells any such plate, stone, or other thing, 

8 or brings into the United States any such plate, 

9 stone, or other thing, except under the direction of 

10 the Secretary of the Treasury or other proper offi11 cer, or with any other intent, in either case, than 

12 that such plate, stone, or other thing be used for the 

13 printing of the obligations or other securities of the 

14 United States; 

15 ‘‘(5) has in his control, custody, or possession 

16 any plate, stone, or other thing in any manner made 

17 after or in the similitude of any plate, stone, or 

18 other thing, from which any such obligation or other 

19 security has been printed, with intent to use such 

20 plate, stone, or other thing, or to suffer the same to 

21 be used in forging or counterfeiting any such obliga22 tion or other security, or any part thereof; 

23 ‘‘(6) has in his possession or custody, except 

24 under authority from the Secretary of the Treasury 

25 or other proper officer, any obligation or other secuVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00540 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 rity made or executed, in whole or in part, after the 

2 similitude of any obligation or other security issued 

3 under the authority of the United States, with intent 

4 to sell or otherwise use the same; or 

5 ‘‘(7) prints, photographs, or in any other man6 ner makes or executes any engraving, photograph, 

7 print, or impression in the likeness of any such obli8 gation or other security, or any part thereof, or sells 

9 any such engraving, photograph, print, or impres10 sion, except to the United States, or brings into the 

11 United States, any such engraving, photograph, 

12 print, or impression, except by direction of some 

13 proper officer of the United States; 

14 shall be imprisoned not more than 25 years. 

15 ‘‘(b) DEFINITION.—For purposes of this section, the 

16 term ‘analog, digital, or electronic image’ includes any 

17 analog, digital, or electronic method used for the making, 

18 execution, acquisition, scanning, capturing, recording, re19 trieval, transmission, or reproduction of any obligation or 

20 security, unless such use is authorized by the Secretary 

21 of the Treasury. The Secretary shall establish a system 

22 (pursuant to section 713) to ensure that the legitimate 

23 use of such electronic methods and retention of such re24 productions by businesses, hobbyists, press and others 

25 shall not be unduly restricted. 


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1 ‘‘§ 696. Deterrents to counterfeiting of obligations 

2 and securities 

3 ‘‘(a) OFFENSE.—Whoever— 

4 ‘‘(1) has in his control or possession, after a 

5 distinctive paper has been adopted by the Secretary 

6 of the Treasury for the obligations and other securi7 ties of the United States, any similar paper adapted 

8 to the making of any such obligation or other secu9 rity, except under the authority of the Secretary of 

10 the Treasury; or 

11 ‘‘(2) has in his control or possession, after a 

12 distinctive counterfeit deterrent has been adopted by 

13 the Secretary of the Treasury for the obligations and 

14 other securities of the United States by publication 

15 in the Federal Register, any essentially identical fea16 ture or device adapted to the making of any such ob17 ligation or security, except under the authority of 

18 the Secretary of the Treasury; 

19 shall be imprisoned for not more than 25 years. 

20 ‘‘(b) DEFINITIONS.—As used in this section— 

21 ‘‘(1) the term ‘distinctive paper’ includes any 

22 distinctive medium of which currency is made, 

23 whether of wood pulp, rag, plastic substrate, or 

24 other natural or artificial fibers or materials; and 


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1 ‘‘(2) the term ‘distinctive counterfeit deterrent’ 

2 includes any ink, watermark, seal, security thread, 

3 optically variable device, or other feature or device; 

4 ‘‘(A) in which the United States has an ex5 clusive property interest; or 

6 ‘‘(B) which is not otherwise in commercial 

7 use or in the public domain and which the Sec8 retary designates as being necessary in pre9 venting the counterfeiting of obligations or 

10 other securities of the United States. 

11 ‘‘§ 697. Taking impressions of tools used for obliga12 tions or securities 

13 ‘‘Whoever, without authority from the United States, 

14 takes, procures, or makes an impression, stamp, analog, 

15 digital, or electronic image, or imprint of, from or by the 

16 use of any tool, implement, instrument, or thing used or 

17 fitted or intended to be used in printing, stamping, or im18 pressing, or in making other tools, implements, instru19 ments, or things to be used or fitted or intended to be 

20 used in printing, stamping, or impressing any obligation 

21 or other security of the United States, shall be imprisoned 

22 not more than 25 years. 

23 ‘‘§ 698. Possessing or selling impressions of tools used 

24 for obligations or securities 

25 ‘‘Whoever— 


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1 ‘‘(1) with intent to defraud, possesses, keeps, 

2 safeguards, or controls, without authority from the 

3 United States, any imprint, stamp, analog, digital, 

4 or electronic image, or impression, taken or made 

5 upon any substance or material whatsoever, of any 

6 tool, implement, instrument or thing, used, fitted or 

7 intended to be used, for any of the purposes men8 tioned in section 697; or 

9 ‘‘(2) with intent to defraud, sells, gives, or de10 livers any such imprint, stamp, analog, digital, or 

11 electronic image, or impression to any other person; 

12 shall be imprisoned not more than 25 years. 

13 ‘‘§ 699. Foreign obligations or securities 

14 ‘‘Whoever, within the United States, with intent to 

15 defraud, falsely makes, alters, forges, or counterfeits any 

16 bond, certificate, obligation, or other security of any for17 eign government, purporting to be or in imitation of any 

18 such security issued under the authority of such foreign 

19 government, or any treasury note, bill, or promise to pay, 

20 lawfully issued by such foreign government and intended 

21 to circulate as money, shall be imprisoned not more than 

22 20 years. 


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1 ‘‘§ 700. Uttering counterfeit foreign obligations or se2 curities 

3 ‘‘Whoever, within the United States, knowingly and 

4 with intent to defraud, utters, passes, or puts off, in pay5 ment or negotiation, any false, forged, or counterfeited 

6 bond, certificate, obligation, security, treasury note, bill, 

7 or promise to pay, mentioned in section 699, whether or 

8 not the same was made, altered, forged, or counterfeited 

9 within the United States, shall be imprisoned not more 

10 than 20 years. 

11 ‘‘§ 701. Possessing counterfeit foreign obligations or 

12 securities 

13 ‘‘Whoever, within the United States, knowingly and 

14 with intent to defraud, possesses or delivers any false, 

15 forged, or counterfeit bond, certificate, obligation, secu16 rity, treasury note, bill, promise to pay, bank note, or bill 

17 issued by a bank or corporation of any foreign country, 

18 shall be imprisoned not more than 20 years. 

19 ‘‘§ 702. Plates, stones, or analog, digital, or electronic 

20 images for counterfeiting foreign obliga21 tions or securities 

22 ‘‘Whoever— 

23 ‘‘(1) within the United States except by lawful 

24 authority, controls, holds, or possesses any plate, 

25 stone, or other thing, or any part thereof, from 

26 which has been printed or may be printed any counVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00545 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 terfeit note, bond, obligation, or other security, in 

2 whole or in part, of any foreign government, bank, 

3 or corporation, or uses such plate, stone, or other 

4 thing, or knowingly permits or suffers the same to 

5 be used in counterfeiting such foreign obligations, or 

6 any part thereof; 

7 ‘‘(2) except by lawful authority, makes or en8 graves any plate, stone, or other thing in the like9 ness or similitude of any plate, stone, or other thing 

10 designated for the printing of the genuine issues of 

11 the obligations of any foreign government, bank, or 

12 corporation; 

13 ‘‘(3) with intent to defraud, makes, executes, 

14 acquires, scans, captures, records, receives, trans15 mits, reproduces, sells, or has in such person’s con16 trol, custody, or possession, an analog, digital, or 

17 electronic image of any bond, certificate, obligation, 

18 or other security of any foreign government, or of 

19 any treasury note, bill, or promise to pay, lawfully 

20 issued by such foreign government and intended to 

21 circulate as money; 

22 ‘‘(4) except by lawful authority, prints, photo23 graphs, or makes, executes, or sells any engraving, 

24 photograph, print, or impression in the likeness of 

25 any genuine note, bond, obligation, or other security, 


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1 or any part thereof, of any foreign government, 

2 bank, or corporation; or 

3 ‘‘(5) brings into the United States any counter4 feit plate, stone, or other thing, engraving, photo5 graph, print, or other impressions of the notes, 

6 bonds, obligations, or other securities of any foreign 

7 government, bank, or corporation; 

8 shall be imprisoned not more than 25 years. 

9 ‘‘§ 703. Uttering counterfeit foreign bank notes 

10 ‘‘Whoever, within the United States, utters, passes, 

11 puts off, or tenders in payment, with intent to defraud, 

12 any such false, forged, altered, or counterfeited bank note 

13 or bill issued by a bank or corporation of any foreign coun14 try, and intended by the law or usage of such foreign coun15 try to circulate as money, knowing the same to be so false, 

16 forged, altered, and counterfeited, whether or not the 

17 same was made, forged, altered, or counterfeited within 

18 the United States, shall be imprisoned not more than 20 

19 years. 

20 ‘‘§ 704. Connecting parts of different notes 

21 ‘‘Whoever so places or connects together different 

22 parts of two or more notes, bills, or other genuine instru23 ments issued under the authority of the United States, 

24 or by any foreign government, or corporation, as to 

25 produce one instrument, with intent to defraud, shall be 


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1 guilty of forgery in the same manner as if the parts so 

2 put together were falsely made or forged, and shall be im3 prisoned not more than 10 years. 

4 ‘‘§ 705. Tokens or paper used as money 

5 ‘‘Whoever— 

6 ‘‘(1) being 18 years of age or over, not lawfully 

7 authorized, makes, issues, or passes any coin, card, 

8 token, or device in metal, or its compounds, intended 

9 to be used as money, or whoever, being 18 years of 

10 age or over, with intent to defraud, makes, utters, 

11 inserts, or uses any card, token, slug, disk, device, 

12 paper, or other thing similar in size and shape to 

13 any of the lawful coins or other currency of the 

14 United States or any coin or other currency not 

15 legal tender in the United States, to procure any16 thing of value, or the use or enjoyment of any prop17 erty or service from any automatic merchandise 

18 vending machine, postage-stamp machine, turnstile, 

19 fare box, coinbox telephone, parking meter or other 

20 lawful receptacle, depository, or contrivance designed 

21 to receive or to be operated by lawful coins or other 

22 currency of the United States; or 

23 ‘‘(2) manufactures, sells, offers, or advertises 

24 for sale, or exposes or keeps with intent to furnish 

25 or sell any token, slug, disk, device, paper, or other 


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1 thing similar in size and shape to any of the lawful 

2 coins or other currency of the United States, or any 

3 token, disk, paper, or other device issued or author4 ized in connection with rationing or food and fiber 

5 distribution by any agency of the United States, 

6 with knowledge or reason to believe that such to7 kens, slugs, disks, devices, papers, or other things 

8 are intended to be used unlawfully or fraudulently to 

9 procure anything of value, or the use or enjoyment 

10 of any property or service from any automatic mer11 chandise vending machine, postage-stamp machine, 

12 turnstile, fare box, coinbox telephone, parking meter, 

13 or other lawful receptacle, depository, or contrivance 

14 designed to receive or to be operated by lawful coins 

15 or other currency of the United States; 

16 shall be imprisoned not more than one year. 

17 ‘‘§ 706. Forfeiture of counterfeit paraphernalia 

18 ‘‘(a) FORFEITURE.—All counterfeits of any coins or 

19 obligations or other securities of the United States or of 

20 any foreign government, or any articles, devices, and other 

21 things made, possessed, or used in violation of this sub22 chapter or section 851 or 852, or any material or appa23 ratus used or fitted or intended to be used, in the making 

24 of such counterfeits, articles, devices or things, found in 

25 the possession of any person without authority from the 


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•HR 1860 IH

1 Secretary of the Treasury or other proper officer, shall 

2 be forfeited to the United States. 

3 ‘‘(b) OFFENSE.—Whoever, having the custody or con4 trol of any such counterfeits, material, apparatus, articles, 

5 devices, or other things, fails or refuses to surrender pos6 session thereof upon request by any authorized agent of 

7 the Treasury Department, or other proper officer, shall 

8 be imprisoned not more than one year. 

9 ‘‘(c) PETITION TO SECRETARY OF THE TREASURY.— 

10 Whenever, except as hereinafter in this section provided, 

11 any person interested in any article, device, or other thing, 

12 or material or apparatus seized under this section files 

13 with the Secretary of the Treasury, before the disposition 

14 thereof, a petition for the remission or mitigation of such 

15 forfeiture, the Secretary of the Treasury, if he finds that 

16 such forfeiture was incurred without willful negligence or 

17 without any intention on the part of the petitioner to vio18 late the law, or finds the existence of such mitigating cir19 cumstances as to justify the remission or the mitigation 

20 of such forfeiture, may remit or mitigate the same upon 

21 such terms and conditions as he deems reasonable and 

22 just. 

23 ‘‘(d) PETITION TO ATTORNEY GENERAL.—If the sei24 zure involves offenses other than offenses against the coin25 age, currency, obligations or securities of the United 


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1 States or any foreign government, the petition for the re2 mission or mitigation of forfeiture shall be referred to the 

3 Attorney General, who may remit or mitigate the for4 feiture upon such terms as he deems reasonable and just. 

5 ‘‘§ 707. Bonds and obligations of certain lending agen6 cies 

7 ‘‘Whoever— 

8 ‘‘(1) falsely makes, forges, counterfeits or alters 

9 any note, bond, debenture, coupon, obligation, in10 strument, or writing in imitation or purporting to be 

11 in imitation of, a note, bond, debenture, coupon, ob12 ligation, instrument or writing, issued by the Recon13 struction Finance Corporation, Federal Deposit In14 surance Corporation, National Credit Union Admin15 istration, Home Owners’ Loan Corporation, Farm 

16 Credit Administration, Department of Housing and 

17 Urban Development, or any land bank, intermediate 

18 credit bank, insured credit union, bank for coopera19 tives or any lending, mortgage, insurance, credit or 

20 savings and loan corporation or association author21 ized or acting under the laws of the United States; 

22 or 

23 ‘‘(2) passes, utters, or publishes, or attempts to 

24 pass, utter or publish any note, bond, debenture, 

25 coupon, obligation, instrument or document knowing 


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1 the same to have been falsely made, forged, counter2 feited or altered, contrary to this section; 

3 shall be imprisoned not more than 10 years. 

4 ‘‘§ 708. Contracts, deeds, and powers of attorney 

5 ‘‘Whoever— 

6 ‘‘(1) falsely makes, alters, forges, or counter7 feits any deed, power of attorney, order, certificate, 

8 receipt, contract, or other writing, for the purpose of 

9 obtaining or receiving, or of enabling any other per10 son, either directly or indirectly, to obtain or receive 

11 from the United States or any officers or agents 

12 thereof, any sum of money; 

13 ‘‘(2) utters or publishes as true any such false, 

14 forged, altered, or counterfeited writing, with intent 

15 to defraud the United States, knowing the same to 

16 be false, altered, forged, or counterfeited; or 

17 ‘‘(3) transmits to, or presents at any office or 

18 officer of the United States, any such writing in sup19 port of, or in relation to, any account or claim, with 

20 intent to defraud the United States, knowing the 

21 same to be false, altered, forged, or counterfeited; 

22 shall be imprisoned not more than ten years. 

23 ‘‘§ 709. Military or naval discharge certificates 

24 ‘‘Whoever forges, counterfeits, or falsely alters any 

25 certificate of discharge from the military or naval service 


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•HR 1860 IH

1 of the United States, or uses, unlawfully possesses or ex2 hibits any such certificate, knowing the same to be forged, 

3 counterfeited, or falsely altered, shall be imprisoned not 

4 more than one year. 

5 ‘‘§ 710. Military, naval, or official passes 

6 ‘‘Whoever falsely makes, forges, counterfeits, alters, 

7 or tampers with any naval, military, or official pass or per8 mit, issued by or under the authority of the United States, 

9 or with intent to defraud uses or possesses any such pass 

10 or permit, or personates or falsely represents himself to 

11 be or not to be a person to whom such pass or permit 

12 has been duly issued, or knowingly allows any other person 

13 to have or use any such pass or permit, issued for his 

14 use alone, shall be imprisoned not more than five years. 

15 ‘‘§ 711. Money orders 

16 ‘‘Whoever— 

17 ‘‘(1) with intent to defraud, falsely makes, 

18 forges, counterfeits, engraves, or prints any order in 

19 imitation of or purporting to be a blank money order 

20 or a money order issued by or under the direction 

21 of the Post Office Department or Postal Service; 

22 ‘‘(2) forges or counterfeits the signature or ini23 tials of any person authorized to issue money orders 

24 upon or to any money order, postal note, or blank 

25 therefor provided or issued by or under the direction 


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1 of the Post Office Department or Postal Service, or 

2 post office department or corporation of any foreign 

3 country, and payable in the United States, or any 

4 material signature or indorsement thereon, or any 

5 material signature to any receipt or certificate of 

6 identification thereof; 

7 ‘‘(3) falsely alters, in any material respect, any 

8 such money order or postal note; 

9 ‘‘(4) with intent to defraud, passes, utters or 

10 publishes or attempts to pass, utter or publish any 

11 such forged or altered money order or postal note, 

12 knowing any material initials, signature, stamp im13 pression or indorsement thereon to be false, forged, 

14 or counterfeited, or any material alteration therein 

15 to have been falsely made; 

16 ‘‘(5) issues any money order or postal note 

17 without having previously received or paid the full 

18 amount of money payable therefor, with the purpose 

19 of fraudulently obtaining or receiving, or fraudu20 lently enabling any other person, either directly or 

21 indirectly, to obtain or receive from the United 

22 States or Postal Service, or any officer, employee, or 

23 agent thereof, any sum of money whatever; 

24 ‘‘(6) embezzles, steals, or knowingly converts to 

25 his own use or to the use of another, or without auVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00554 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 thority converts or disposes of any blank money 

2 order form provided by or under the authority of the 

3 Post Office Department or Postal Service; 

4 ‘‘(7) receives or possesses any such money order 

5 form with the intent to convert it to his own use or 

6 gain or use or gain of another knowing it to have 

7 been embezzled, stolen or converted; 

8 ‘‘(8) with intent to defraud the United States, 

9 the Postal Service, or any person, transmits, pre10 sents, or causes to be transmitted or presented, any 

11 money order or postal note knowing the same— 

12 ‘‘(A) to contain any forged or counterfeited 

13 signature, initials, or any stamped impression, 

14 ‘‘(B) to contain any material alteration 

15 therein unlawfully made, 

16 ‘‘(C) to have been unlawfully issued with17 out previous payment of the amount required to 

18 be paid upon such issue, or 

19 ‘‘(D) to have been stamped without lawful 

20 authority; or 

21 ‘‘(9) steals, or with intent to defraud or without 

22 being lawfully authorized by the Post Office Depart23 ment or Postal Service, receives, possesses, disposes 

24 of or attempts to dispose of any postal money order 

25 machine or any stamp, tool, or instrument specifiVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00555 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 cally designed to be used in preparing or filling out 

2 the blanks on postal money order forms; 

3 shall be imprisoned not more than five years. 

4 ‘‘§ 712. Postage stamps, postage meter stamps, and 

5 postal cards 

6 ‘‘Whoever— 

7 ‘‘(1) forges or counterfeits any postage stamp, 

8 postage meter stamp, or any stamp printed upon 

9 any stamped envelope, or postal card, or any die, 

10 plate, or engraving thereof; 

11 ‘‘(2) makes or prints, or knowingly uses or 

12 sells, or possesses with intent to use or sell, any such 

13 forged or counterfeited postage stamp, postage 

14 meter stamp, stamped envelope, postal card, die, 

15 plate, or engraving; 

16 ‘‘(3) makes, or knowingly uses or sells, or pos17 sesses with intent to use or sell, any paper bearing 

18 the watermark of any stamped envelope, or postal 

19 card, or any fraudulent imitation thereof; 

20 ‘‘(4) makes or prints, or authorizes to be made 

21 or printed, any postage stamp, postage meter stamp, 

22 stamped envelope, or postal card, of the kind author23 ized and provided by the Post Office Department or 

24 by the Postal Service, without the special authority 


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•HR 1860 IH

1 and direction of the Department or Postal Service; 

2 or 

3 ‘‘(5) after such postage stamp, postage meter 

4 stamp, stamped envelope, or postal card has been 

5 printed, with intent to defraud, delivers the same to 

6 any person not authorized by an instrument in writ7 ing, duly executed under the hand of the Postmaster 

8 General and the seal of the Post Office Department 

9 or the Postal Service, to receive it; 

10 shall be imprisoned not more than five years. 

11 ‘‘§ 713. Printing and filming of United States and for12 eign obligations and securities 

13 ‘‘Notwithstanding any other provision of this sub14 chapter, the following are permitted: 

15 ‘‘(1) The printing, publishing, or importation, 

16 or the making or importation of the necessary plates 

17 for such printing or publishing, of illustrations of— 

18 ‘‘(A) postage stamps of the United States, 

19 ‘‘(B) revenue stamps of the United States, 

20 ‘‘(C) any other obligation or other security 

21 of the United States, and 

22 ‘‘(D) postage stamps, revenue stamps, 

23 notes, bonds, and any other obligation or other 

24 security of any foreign government, bank, or 

25 corporation. 


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1 ‘‘(2) Illustrations permitted by the foregoing 

2 provisions of this section shall be made in accord3 ance with the following conditions— 

4 ‘‘(A) all illustrations shall be in black and 

5 white, except that illustrations of postage 

6 stamps issued by the United States or by any 

7 foreign government and stamps issued under 

8 the Migratory Bird Hunting Stamp Act of 1934 

9 may be in color; 

10 ‘‘(B) all illustrations (including illustra11 tions of uncanceled postage stamps in color and 

12 illustrations of stamps issued under the Migra13 tory Bird Hunting Stamp Act of 1934 in color) 

14 shall be of a size less than three-fourths or 

15 more than one and one-half, in linear dimen16 sion, of each part of any matter so illustrated 

17 which is covered by subparagraph (A), (B), (C), 

18 or (D) of this paragraph, except that black and 

19 white illustrations of postage and revenue 

20 stamps issued by the United States or by any 

21 foreign government and colored illustrations of 

22 canceled postage stamps issued by the United 

23 States may be in the exact linear dimension in 

24 which the stamps were issued; and 


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1 ‘‘(C) the negatives and plates used in mak2 ing the illustrations shall be destroyed after 

3 their final use in accordance with this section. 

4 The Secretary of the Treasury shall prescribe 

5 regulations to permit color illustrations of such 

6 currency of the United States as the Secretary 

7 determines may be appropriate for such pur8 poses. 

9 ‘‘(3) This section does not permit the reproduc10 tion of illustrations of obligations or other securities, 

11 by or through electronic methods used for the acqui12 sition, recording, retrieval, transmission, or repro13 duction of any obligation or other security, unless 

14 such use is authorized by the Secretary of the Treas15 ury. The Secretary shall establish a system to ensure 

16 that the legitimate use of such electronic methods 

17 and retention of such reproductions by businesses, 

18 hobbyists, press or others shall not be unduly re19 stricted. 

20 ‘‘(4) The making or importation of motion-pic21 ture films, microfilms, or slides, for projection upon 

22 a screen or for use in telecasting, of postage and 

23 revenue stamps and other obligations and securities 

24 of the United States, and postage and revenue 

25 stamps, notes, bonds, and other obligations or secuVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00559 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 rities of any foreign government, bank, or corpora2 tion. No prints or other reproductions shall be made 

3 from such films or slides, except for the purposes of 

4 paragraph (1), without the permission of the Sec5 retary of the Treasury. For the purposes of this sec6 tion the term ‘postage stamp’ includes postage meter 

7 stamps. 

8 ‘‘§ 714. Seals of courts; signatures of judges or Court 

9 officers 

10 ‘‘Whoever forges the signature of any judge, register, 

11 or other officer of any court of the United States, or of 

12 any Territory thereof, or forges or counterfeits the seal 

13 of any such court, or knowingly concurs in using any such 

14 forged or counterfeit signature or seal, for the purpose of 

15 authenticating any proceeding or document, or tenders in 

16 evidence any such proceeding or document with a false or 

17 counterfeit signature of any such judge, register, or other 

18 officer, or a false or counterfeit seal of the court, sub19 scribed or attached thereto, knowing such signature or 

20 seal to be false or counterfeit, shall be imprisoned not 

21 more than five years. 

22 ‘‘§ 715. Seals of departments or agencies 

23 ‘‘(a) OFFENSE.—Whoever— 


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1 ‘‘(1) falsely makes, forges, counterfeits, muti2 lates, or alters the seal of any department or agency 

3 of the United States, or any facsimile thereof; 

4 ‘‘(2) knowingly uses, affixes, or impresses any 

5 such fraudulently made, forged, counterfeited, muti6 lated, or altered seal or facsimile thereof to or upon 

7 any certificate, instrument, commission, document, 

8 or paper of any description; or 

9 ‘‘(3) with fraudulent intent, possesses, sells, of10 fers for sale, furnishes, offers to furnish, gives away, 

11 offers to give away, transports, offers to transport, 

12 imports, or offers to import any such seal or fac13 simile thereof, knowing the same to have been so 

14 falsely made, forged, counterfeited, mutilated, or al15 tered, 

16 shall be imprisoned not more than 5 years. 

17 ‘‘(b) INCREASED PENALTY.—Notwithstanding sub18 section (a) or any other provision of law, if a forged, coun19 terfeited, mutilated, or altered seal of a department or 

20 agency of the United States, or any facsimile thereof, is— 

21 ‘‘(1) so forged, counterfeited, mutilated, or al22 tered; 

23 ‘‘(2) used, affixed, or impressed to or upon any 

24 certificate, instrument, commission, document, or 

25 paper of any description; or 


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1 ‘‘(3) with fraudulent intent, possessed, sold, of2 fered for sale, furnished, offered to furnish, given 

3 away, offered to give away, transported, offered to 

4 transport, imported, or offered to import, 

5 with the intent or effect of facilitating an alien’s applica6 tion for, or receipt of, a Federal benefit to which the alien 

7 is not entitled, the penalties which may be imposed for 

8 each offense under subsection (a) shall be two times the 

9 maximum fine, and 3 times the maximum term of impris10 onment, or both, that would otherwise be imposed for an 

11 offense under subsection (a). 

12 ‘‘(c) DEFINITIONS.—For purposes of this section— 

13 ‘‘(1) the term ‘Federal benefit’ means— 

14 ‘‘(A) the issuance of any grant, contract, 

15 loan, professional license, or commercial license 

16 provided by any agency of the United States or 

17 by appropriated funds of the United States; and 

18 ‘‘(B) any retirement, welfare, Social Secu19 rity, health (including treatment of an emer20 gency medical condition in accordance with sec21 tion 1903(v) of the Social Security Act), dis22 ability, veterans, public housing, education, sup23 plemental nutrition assistance program, or un24 employment benefit, or any similar benefit for 

25 which payments or assistance are provided by 


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•HR 1860 IH

1 an agency of the United States or by appro2 priated funds of the United States; and 

3 ‘‘(2) each instance of forgery, counterfeiting, 

4 mutilation, or alteration shall constitute a separate 

5 offense under this section. 

6 ‘‘§ 716. Forging endorsements on Treasury checks or 

7 bonds or securities of the United States 

8 ‘‘(a) IN GENERAL.—Whoever, with intent to de9 fraud— 

10 ‘‘(1) falsely makes or forges any endorsement 

11 or signature on a Treasury check or bond or security 

12 of the United States; or 

13 ‘‘(2) passes, utters, or publishes, or attempts to 

14 pass, utter, or publish, any Treasury check or bond 

15 or security of the United States bearing a falsely 

16 made or forged endorsement or signature; 

17 shall be imprisoned not more than ten years. 

18 ‘‘(b) SALE EXCHANGE AND SIMILAR CONDUCT.— 

19 Whoever, with knowledge that such Treasury check or 

20 bond or security of the United States is stolen or bears 

21 a falsely made or forged endorsement or signature buys, 

22 sells, exchanges, receives, delivers, retains, or conceals any 

23 such Treasury check or bond or security of the United 

24 States shall be imprisoned not more than ten years. 


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•HR 1860 IH

1 ‘‘(c) REDUCED PENALTY.—If the face value of the 

2 Treasury check or bond or security of the United States 

3 or the aggregate face value, if more than one Treasury 

4 check or bond or security of the United States, does not 

5 exceed $1,000, in any of the above-mentioned offenses, the 

6 penalty shall be imprisonment for not more than one year. 

7 ‘‘§ 717. Altering or removing motor vehicle identifica8 tion numbers 

9 ‘‘(a) OFFENSE.—Whoever— 

10 ‘‘(1) knowingly removes, obliterates, tampers 

11 with, or alters an identification number for a motor 

12 vehicle or motor vehicle part; or 

13 ‘‘(2) with intent to further the theft of a motor 

14 vehicle, knowingly removes, obliterates, tampers 

15 with, or alters a decal or device affixed to a motor 

16 vehicle pursuant to the Motor Vehicle Theft Preven17 tion Act, 

18 shall be imprisoned not more than 5 years. 

19 ‘‘(b) EXCLUSION.— 

20 ‘‘(1) GENERALLY.—Subsection (a) does not 

21 apply to a removal, obliteration, tampering, or alter22 ation by a person specified in paragraph (2) (unless 

23 such person knows that the vehicle or part involved 

24 is stolen). 


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•HR 1860 IH

1 ‘‘(2) PERSONS REFERRED TO IN PARAGRAPH

2 (1).—The persons referred to in paragraph (1) of 

3 this subsection are— 

4 ‘‘(A) a motor vehicle scrap processor or a 

5 motor vehicle demolisher who complies with ap6 plicable State law with respect to such vehicle 

7 or part; 

8 ‘‘(B) a person who repairs such vehicle or 

9 part, if the removal, obliteration, tampering, or 

10 alteration is reasonably necessary for the re11 pair; 

12 ‘‘(C) a person who restores or replaces an 

13 identification number for such vehicle or part in 

14 accordance with applicable State law; and 

15 ‘‘(D) a person who removes, obliterates, 

16 tampers with, or alters a decal or device affixed 

17 to a motor vehicle pursuant to the Motor Vehi18 cle Theft Prevention Act, if that person is the 

19 owner of the motor vehicle, or is authorized to 

20 remove, obliterate, tamper with or alter the 

21 decal or device by— 

22 ‘‘(i) the owner or his authorized 

23 agent; 

24 ‘‘(ii) applicable State or local law; or 


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•HR 1860 IH

1 ‘‘(iii) regulations promulgated by the 

2 Attorney General to implement the Motor 

3 Vehicle Theft Prevention Act. 

4 ‘‘(c) DEFINITIONS FOR SECTION.—As used in this 

5 section— 

6 ‘‘(1) the term ‘identification number’ means a 

7 number or symbol that is inscribed or affixed for 

8 purposes of identification under chapter 301 and 

9 part C of subtitle VI of title 49; 

10 ‘‘(2) the term ‘motor vehicle’ has the meaning 

11 given that term in section 32101 of title 49; 

12 ‘‘(3) the term ‘motor vehicle demolisher’ means 

13 a person, including any motor vehicle dismantler or 

14 motor vehicle recycler, who is engaged in the busi15 ness of reducing motor vehicles or motor vehicle 

16 parts to metallic scrap that is unsuitable for use as 

17 either a motor vehicle or a motor vehicle part; 

18 ‘‘(4) the term ‘motor vehicle scrap processor’ 

19 means a person— 

20 ‘‘(A) who is engaged in the business of 

21 purchasing motor vehicles or motor vehicle 

22 parts for reduction to metallic scrap for recy23 cling; 


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•HR 1860 IH

1 ‘‘(B) who, from a fixed location, uses ma2 chinery to process metallic scrap into prepared 

3 grades; and 

4 ‘‘(C) whose principal product is metallic 

5 scrap for recycling; 

6 but such term does not include any activity of any 

7 such person relating to the recycling of a motor vehi8 cle or a motor vehicle part as a used motor vehicle 

9 or a used motor vehicle part; and 

10 ‘‘(5) the term ‘tampers with’ includes covering 

11 a program decal or device affixed to a motor vehicle 

12 pursuant to the Motor Vehicle Theft Prevention Act 

13 for the purpose of obstructing its visibility. 

14 ‘‘§ 718. Securities of the States and private entities 

15 ‘‘(a) COUNTERFEIT SECURITIES.—Whoever makes, 

16 utters or possesses a counterfeited security of a State or 

17 a political subdivision thereof or of an organization, or 

18 whoever makes, utters or possesses a forged security of 

19 a State or political subdivision thereof or of an organiza20 tion that operates in or affecting commerce, with intent 

21 to deceive another person shall be imprisoned for not more 

22 than ten years. 

23 ‘‘(b) IMPLEMENTS.—Whoever makes, receives, pos24 sesses, sells or otherwise transfers an implement designed 

25 for or particularly suited for making a counterfeit or 


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•HR 1860 IH

1 forged security with the intent that it be so used shall 

2 be punished by imprisonment for not more than ten years. 

3 ‘‘(c) DEFINITIONS.—As used in this section— 

4 ‘‘(1) the term ‘counterfeited’ means a document 

5 that purports to be genuine but is not, because it 

6 has been falsely made or manufactured in its en7 tirety; 

8 ‘‘(2) the term ‘forged’ means a document that 

9 purports to be genuine but is not because it has 

10 been falsely altered, completed, signed, or endorsed, 

11 or contains a false addition thereto or insertion 

12 therein, or is a combination of parts of two or more 

13 genuine documents; and 

14 ‘‘(3) the term ‘security’ means— 

15 ‘‘(A) a note, stock certificate, treasury 

16 stock certificate, bond, treasury bond, deben17 ture, certificate of deposit, interest coupon, bill, 

18 check, draft, warrant, debit instrument as de19 fined in section 916(c) of the Electronic Fund 

20 Transfer Act, money order, traveler’s check, let21 ter of credit, warehouse receipt, negotiable bill 

22 of lading, evidence of indebtedness, certificate 

23 of interest in or participation in any profit-shar24 ing agreement, collateral-trust certificate, pre25 reorganization certificate of subscription, transVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00568 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 ferable share, investment contract, voting trust 

2 certificate, or certificate of interest in tangible 

3 or intangible property; 

4 ‘‘(B) an instrument evidencing ownership 

5 of goods, wares, or merchandise; 

6 ‘‘(C) any other written instrument com7 monly known as a security; 

8 ‘‘(D) a certificate of interest in, certificate 

9 of participation in, certificate for, receipt for, or 

10 warrant or option or other right to subscribe to 

11 or purchase, any of the foregoing; or 

12 ‘‘(E) a blank form of any of the foregoing. 

13 ‘‘§ 719. Fictitious obligations 

14 ‘‘(a) OFFENSE.—Whoever, with the intent to de15 fraud— 

16 ‘‘(1) draws, prints, processes, produces, pub17 lishes, or otherwise makes, or attempts or causes the 

18 same, within the United States; 

19 ‘‘(2) passes, utters, presents, offers, brokers, 

20 issues, sells, or attempts or causes the same, or with 

21 like intent possesses, within the United States; or 

22 ‘‘(3) utilizes interstate or foreign commerce, in23 cluding the use of the mails or wire, radio, or other 

24 electronic communication, to transmit, transport, 


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•HR 1860 IH

1 ship, move, transfer, or attempts or causes the same, 

2 to, from, or through the United States, 

3 any false or fictitious instrument, document, or other item 

4 appearing, representing, purporting, or contriving through 

5 scheme or artifice, to be an actual security or other finan6 cial instrument issued under the authority of the United 

7 States, a foreign government, a State or other political 

8 subdivision of the United States, or an organization, shall 

9 be imprisoned for not more than 25 years. 

10 ‘‘(b) DEFINITIONS.—For purposes of this section, 

11 any term used in this section that is defined in section 

12 717(c) has the same meaning given such term in section 

13 717(c). 

14 ‘‘(c) AUTHORITY OF THE UNITED STATES SECRET

15 SERVICE.—The United States Secret Service, in addition 

16 to any other agency having such authority, shall have au17 thority to investigate offenses under this section. 

18 ‘‘CHAPTER 25—FRAUD AND FALSE 

19 STATEMENT CRIMES 

‘‘Subchapter 

‘‘A. Fraud and false statements 

‘‘B. Mail fraud 

20 ‘‘SUBCHAPTER A—FRAUD AND FALSE 

21 STATEMENTS 

‘‘771. Definitions. 

‘‘772. Statements or entries generally. 

‘‘773. Bank entries, reports and transactions. 

‘‘774. Federal credit institution entries, reports, and transactions. 

‘‘775. Federal Deposit Insurance Corporation transactions. 


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•HR 1860 IH

‘‘776. Department of Housing and Urban Development and Federal Housing 

Administration transactions. 

‘‘777. Department of Housing and Urban Development transactions. 

‘‘778. Farm loan bonds and credit bank debentures. 

‘‘779. Loan and credit applications generally; renewals and discounts; crop insurance. 

‘‘780. Naturalization, citizenship, or alien registry. 

‘‘781. Highway projects. 

‘‘782. False statements and concealment of facts in relation to documents required by the Employee Retirement Income Security Act of 

1974. 

‘‘783. Fraud and related activity in connection with identification documents, 

authentication features, and information. 

‘‘784. Aggravated identity theft. 

‘‘785. Fraudulent use of credit card. 

‘‘786. Fraud and related activity in connection with access devices. 

‘‘787. Fraud and related activity in connection with computers. 

‘‘788. Major fraud against the United States. 

‘‘789. Concealment of assets from conservator, receiver, or liquidating agent. 

‘‘790. Crimes by or affecting persons engaged in the business of insurance 

whose activities affect interstate commerce. 

‘‘791. Civil penalties and injunctions for violations of Section 790. 

‘‘792. False statements relating to health care matters. 

‘‘793. Entry by false pretenses to any real property, vessel, or aircraft of the 

United States or secure area of any airport or seaport. 

‘‘794. Fraud and related activity in connection with electronic mail. 

‘‘795. False information and hoaxes. 

‘‘796. Fraud and related activity in connection with obtaining confidential 

phone records information of a covered entity. 

1 ‘‘§ 771. Definitions 

2 ‘‘As used in this subchapter— 

3 ‘‘(1) the term ‘member bank’ means any na4 tional bank, state bank, or bank or trust company, 

5 which has become a member of one of the Federal 

6 Reserve banks; 

7 ‘‘(2) the term ‘insured bank’ includes any state 

8 bank, banking association, trust company, savings 

9 bank, or other banking institution, the deposits of 

10 which are insured by the Federal Deposit Insurance 

11 Corporation; 


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1 ‘‘(3) the term ‘branch or agency of a foreign 

2 bank’ means a branch or agency described in para3 graph (E) of the definition of financial institution in 

4 section 1; and 

5 ‘‘(4) the term ‘depository institution holding 

6 company’ has the meaning given such term in sec7 tion 3(w)(1) of the Federal Deposit Insurance Act. 

8 ‘‘§ 772. Statements or entries generally 

9 ‘‘(a) OFFENSE.—Except as otherwise provided in this 

10 section, whoever, in any matter within the jurisdiction of 

11 the executive, legislative, or judicial branch of the Govern12 ment of the United States, knowingly— 

13 ‘‘(1) falsifies, conceals, or covers up by any 

14 trick, scheme, or device a material fact; 

15 ‘‘(2) makes any materially false, fictitious, or 

16 fraudulent statement or representation; or 

17 ‘‘(3) makes or uses any false writing or docu18 ment knowing the same to contain any materially 

19 false, fictitious, or fraudulent statement or entry; 

20 shall be imprisoned not more than 5 years or, if the of21 fense involves international or domestic terrorism (as de22 fined in section 283), imprisoned not more than 8 years. 

23 If the matter relates to an offense under chapter 13 or 

24 section 1265, then the term of imprisonment imposed 

25 under this section shall be not more than 8 years. 


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1 ‘‘(b) EXCLUSION.—Subsection (a) does not apply to 

2 a party to a judicial proceeding, or that party’s counsel, 

3 for statements, representations, writings or documents 

4 submitted by such party or counsel to a judge or mag5 istrate in that proceeding. 

6 ‘‘(c) APPLICATION TO MATTERS WITHIN THE JURIS7 DICTION OF THE LEGISLATIVE BRANCH.—With respect to 

8 any matter within the jurisdiction of the legislative 

9 branch, subsection (a) applies only to— 

10 ‘‘(1) administrative matters, including a claim 

11 for payment, a matter related to the procurement of 

12 property or services, personnel or employment prac13 tices, or support services, or a document required by 

14 law, rule, or regulation to be submitted to the Con15 gress or any office or officer within the legislative 

16 branch; or 

17 ‘‘(2) any investigation or review, conducted pur18 suant to the authority of any committee, sub19 committee, commission or office of the Congress, 

20 consistent with applicable rules of the House or Sen21 ate. 

22 ‘‘§ 773. Bank entries, reports and transactions 

23 ‘‘Whoever— 

24 ‘‘(1) being an officer, director, agent or em25 ployee of any Federal Reserve bank, member bank, 


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1 depository institution holding company, national 

2 bank, insured bank, branch or agency of a foreign 

3 bank, or organization operating under section 25 or 

4 section 25A of the Federal Reserve Act, without au5 thority from the directors of such bank, branch, 

6 agency, or organization or company, issues or puts 

7 in circulation any notes of such bank, branch, agen8 cy, or organization or company; 

9 ‘‘(2) without such authority, makes, draws, 

10 issues, puts forth, or assigns any certificate of de11 posit, draft, order, bill of exchange, acceptance, note, 

12 debenture, bond, or other obligation, or mortgage, 

13 judgment or decree; 

14 ‘‘(3) makes any false entry in any book, report, 

15 or statement of such bank, company, branch, agen16 cy, or organization with intent to injure or defraud 

17 such bank, company, branch, agency, or organiza18 tion, or any other company, body politic or cor19 porate, or any individual person, or to deceive any 

20 officer of such bank, company, branch, agency, or 

21 organization, or the Comptroller of the Currency, or 

22 the Federal Deposit Insurance Corporation, or any 

23 agent or examiner appointed to examine the affairs 

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1 tion, or the Board of Governors of the Federal Re2 serve System; or 

3 ‘‘(4) with intent to defraud the United States 

4 or any agency thereof, or any financial institution 

5 referred to in this section, participates or shares in 

6 or receives (directly or indirectly) any money, profit, 

7 property, or benefits through any transaction, loan, 

8 commission, contract, or any other act of any such 

9 financial institution; 

10 shall be imprisoned not more than 30 years. 

11 ‘‘§ 774. Federal credit institution entries, reports, and 

12 transactions 

13 ‘‘Whoever, being an officer, agent or employee of or 

14 connected in any capacity with the Federal Deposit Insur15 ance Corporation, National Credit Union Administration, 

16 any Federal home loan bank, the Federal Housing Fi17 nance Agency, Farm Credit Administration, Department 

18 of Housing and Urban Development, Federal Crop Insur19 ance Corporation, the Secretary of Agriculture acting 

20 through the Farmers Home Administration or successor 

21 agency, the Rural Development Administration or suc22 cessor agency, or the Farm Credit System Insurance Cor23 poration, a Farm Credit Bank, a bank for cooperatives 

24 or any lending, mortgage, insurance, credit or savings and 

25 loan corporation or association authorized or acting under 


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1 the laws of the United States or any institution, other 

2 than an insured bank, the accounts of which are insured 

3 by the Federal Deposit Insurance Corporation, or by the 

4 National Credit Union Administration Board or any small 

5 business investment company, with intent to defraud any 

6 such institution or any other company, body politic or cor7 porate, or any individual, or to deceive any officer, auditor, 

8 examiner or agent of any such institution or of department 

9 or agency of the United States, makes any false entry in 

10 any book, report or statement of or to any such institu11 tion, or without being duly authorized, draws any order 

12 or bill of exchange, makes any acceptance, or issues, puts 

13 forth or assigns any note, debenture, bond or other obliga14 tion, or draft, bill of exchange, mortgage, judgment, or 

15 decree, or, with intent to defraud the United States or 

16 any agency thereof, or any corporation, institution, or as17 sociation referred to in this section, participates or shares 

18 in or receives directly or indirectly any money, profit, 

19 property, or benefits through any transaction, loan, com20 mission, contract, or any other act of any such corpora21 tion, institution, or association, shall be imprisoned not 

22 more than 30 years. 


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1 ‘‘§ 775. Federal Deposit Insurance Corporation trans2 actions 

3 ‘‘Whoever, for the purpose of influencing in any way 

4 the action of the Federal Deposit Insurance Corporation, 

5 knowingly makes or invites reliance on a false, forged, or 

6 counterfeit statement, document, or thing shall be impris7 oned not more than 30 years. 

8 ‘‘§ 776. Department of Housing and Urban Develop9 ment and Federal Housing Administra10 tion transactions 

11 ‘‘Whoever, for the purpose of obtaining any loan or 

12 advance of credit from any person, partnership, associa13 tion, or corporation with the intent that such loan or ad14 vance of credit shall be offered to or accepted by the De15 partment of Housing and Urban Development for insur16 ance, or for the purpose of obtaining any extension or re17 newal of any loan, advance of credit, or mortgage insured 

18 by such Department, or the acceptance, release, or substi19 tution of any security on such a loan, advance of credit, 

20 or for the purpose of influencing in any way the action 

21 of such Department, makes, passes, utters, or publishes 

22 any statement, knowing the same to be false, or alters, 

23 forges, or counterfeits any instrument, paper, or docu24 ment, or utters, publishes, or passes as true any instru25 ment, paper, or document, knowing it to have been altered, 

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1 rity, asset, or income, shall be imprisoned not more than 

2 two years. 

3 ‘‘§ 777. Department of Housing and Urban Develop4 ment transactions 

5 ‘‘Whoever— 

6 ‘‘(1) with intent to defraud, makes any false 

7 entry in any book of the Department of Housing 

8 and Urban Development or makes any false report 

9 or statement to or for such Department; 

10 ‘‘(2) receives any compensation, rebate, or re11 ward, with intent to defraud such Department or 

12 with intent unlawfully to defeat its purposes; or 

13 ‘‘(3) induces or influences such Department to 

14 purchase or acquire any property or to enter into 

15 any contract and knowingly fails to disclose any in16 terest which that person has in such property or in 

17 the property to which such contract relates, or any 

18 special benefit which he expects to receive as a result 

19 of such contract; 

20 shall be imprisoned not more than one year. 

21 ‘‘§ 778. Farm loan bonds and credit bank debentures 

22 ‘‘Whoever deceives, defrauds, or imposes upon, or at23 tempts to deceive, defraud, or impose upon any person, 

24 partnership, corporation, or association by making any 

25 false pretense or representation concerning the character, 


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1 issue, security, contents, conditions, or terms of any farm 

2 loan bond, or coupon, issued by any Federal land bank 

3 or banks; or of any debenture, coupon, or other obligation, 

4 issued by any Federal intermediate credit bank or banks; 

5 or by falsely pretending or representing that any farm loan 

6 bond, or coupon, is anything other than, or different from, 

7 what it purports to be on the face of said bond or coupon, 

8 shall be imprisoned not more than one year. 

9 ‘‘§ 779. Loan and credit applications generally; renew10 als and discounts; crop insurance 

11 ‘‘Whoever knowingly makes any false statement or 

12 report, or knowingly overvalues any land, property or secu13 rity, for the purpose of influencing in any way the action 

14 of the Federal Housing Administration the Farm Credit 

15 Administration, Federal Crop Insurance Corporation or a 

16 company the Corporation reinsures, the Secretary of Agri17 culture acting through the Farmers Home Administration 

18 or successor agency, the Rural Development Administra19 tion or successor agency, any Farm Credit Bank, produc20 tion credit association, agricultural credit association, 

21 bank for cooperatives, or any division, officer, or employee 

22 thereof, or of any regional agricultural credit corporation 

23 established pursuant to law, or a Federal land bank, a 

24 Federal land bank association, a Federal Reserve bank, 

25 a small business investment company, as defined in section 


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1 103 of the Small Business Investment Act of 1958, or the 

2 Small Business Administration in connection with any 

3 provision of that Act, a Federal credit union, an insured 

4 State-chartered credit union, any institution the accounts 

5 of which are insured by the Federal Deposit Insurance 

6 Corporation, any Federal home loan bank, the Federal 

7 Housing Finance Agency, the Federal Deposit Insurance 

8 Corporation, the Farm Credit System Insurance Corpora9 tion, or the National Credit Union Administration Board, 

10 a branch or agency of a foreign bank (as such terms are 

11 defined in paragraphs (1) and (3) of section 1(b) of the 

12 International Banking Act of 1978), an organization oper13 ating under section 25 or section 25A of the Federal Re14 serve Act, or a mortgage lending business, or any person 

15 or entity that makes in whole or in part a federally related 

16 mortgage loan as defined in section 3 of the Real Estate 

17 Settlement Procedures Act of 1974, upon any application, 

18 advance, discount, purchase, purchase agreement, repur19 chase agreement, commitment, loan, or insurance agree20 ment or application for insurance or a guarantee, or any 

21 change or extension of any of the same, by renewal, 

22 deferment of action or otherwise, or the acceptance, re23 lease, or substitution of security therefor, shall be impris24 oned not more than 30 years. 


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1 ‘‘§ 780. Naturalization, citizenship, or alien registry 

2 ‘‘(a) OFFENSE.—Whoever— 

3 ‘‘(1) knowingly makes any false statement 

4 under oath, in any case, proceeding, or matter relat5 ing to, or under, or by virtue of any law of the 

6 United States relating to naturalization, citizenship, 

7 or registry of aliens; 

8 ‘‘(2) knowingly, with intent to avoid any duty 

9 or liability imposed or required by law, denies that 

10 he has been naturalized or admitted to be a citizen, 

11 after having been so naturalized or admitted; 

12 ‘‘(3) uses or attempts to use any certificate of 

13 arrival, declaration of intention, certificate of natu14 ralization, certificate of citizenship or other docu15 mentary evidence of naturalization or of citizenship, 

16 or any duplicate or copy thereof, knowing the same 

17 to have been procured by fraud or false evidence or 

18 without required appearance or hearing of the appli19 cant in court or otherwise unlawfully obtained; 

20 ‘‘(4) knowingly makes any false certificate, ac21 knowledgment or statement concerning the appear22 ance before him or the taking of an oath or affirma23 tion or the signature, attestation or execution by any 

24 person with respect to any application, declaration, 

25 petition, affidavit, deposition, certificate of natu26 ralization, certificate of citizenship or other paper or 


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1 writing required or authorized by the laws relating 

2 to immigration, naturalization, citizenship, or reg3 istry of aliens; 

4 ‘‘(5) knowingly makes any false statement or 

5 claim that he is, or at any time has been, a citizen 

6 or national of the United States, with the intent to 

7 obtain on behalf of himself, or any other person, any 

8 Federal or State benefit or service, or to engage un9 lawfully in employment in the United States; or 

10 ‘‘(6) knowingly makes any false statement or 

11 claim that he is a citizen of the United States in 

12 order to register to vote or to vote in any Federal, 

13 State, or local election (including an initiative, recall, 

14 or referendum); 

15 shall be imprisoned not more than five years. 

16 ‘‘(b) EXCLUSION.—Subsection (a)(6) does not apply 

17 to an alien if each natural parent of the alien (or, in the 

18 case of an adopted alien, each adoptive parent of the alien) 

19 is or was a citizen (whether by birth or naturalization), 

20 the alien permanently resided in the United States prior 

21 to attaining the age of 16, and the alien reasonably be22 lieved at the time of making the false statement or claim 

23 that he or she was a citizen of the United States. 

24 ‘‘§ 781. Highway projects 

25 ‘‘Whoever— 


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1 ‘‘(1) knowingly makes any false statement, false 

2 representation, or false report as to the character, 

3 quality, quantity, or cost of the material used or to 

4 be used, or the quantity or quality of the work per5 formed or to be performed, or the costs thereof in 

6 connection with the submission of plans, maps, spec7 ifications, contracts, or costs of construction of any 

8 highway or related project submitted for approval to 

9 the Secretary of Transportation; 

10 ‘‘(2) knowingly makes any false statement, false 

11 representation, false report, or false claim with re12 spect to the character, quality, quantity, or cost of 

13 any work performed or to be performed, or materials 

14 furnished or to be furnished, in connection with the 

15 construction of any highway or related project ap16 proved by the Secretary of Transportation; or 

17 ‘‘(3) knowingly makes any false statement or 

18 false representation as to a material fact in any 

19 statement, certificate, or report submitted pursuant 

20 to the Federal-Aid Road Act approved July 11, 1916 

21 (39 Stat. 355), as amended and supplemented; 

22 shall be imprisoned not more than five years. 


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1 ‘‘§ 782. False statements and concealment of facts in 

2 relation to documents required by the 

3 Employee Retirement Income Security 

4 Act of 1974 

5 ‘‘Whoever, in any document required by title I of the 

6 Employee Retirement Income Security Act of 1974 to be 

7 published, or kept as part of the records of any employee 

8 welfare benefit plan or employee pension benefit plan, or 

9 certified to the administrator of any such plan, makes any 

10 false statement or representation of fact, knowing it to 

11 be false, or knowingly conceals, covers up, or fails to dis12 close any fact the disclosure of which is required by such 

13 title or is necessary to verify, explain, clarify or check for 

14 accuracy and completeness any report required by such 

15 title to be published or any information required by such 

16 title to be certified, shall be imprisoned not more than five 

17 years. 

18 ‘‘§ 783. Fraud and related activity in connection with 

19 identification documents, authentication 

20 features, and information 

21 ‘‘(a) OFFENSE.—Whoever, as made applicable by 

22 subsection (c)— 

23 ‘‘(1) knowingly and without lawful authority 

24 produces an identification document, authentication 

25 feature, or a false identification document; 


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1 ‘‘(2) knowingly transfers an identification docu2 ment, authentication feature, or a false identification 

3 document knowing that such document or feature 

4 was stolen or produced without lawful authority; 

5 ‘‘(3) knowingly possesses with intent to use un6 lawfully or transfer unlawfully five or more identi7 fication documents (other than those issued lawfully 

8 for the use of the possessor), authentication fea9 tures, or false identification documents; 

10 ‘‘(4) knowingly possesses an identification docu11 ment (other than one issued lawfully for the use of 

12 the possessor), authentication feature, or a false 

13 identification document, with the intent such docu14 ment or feature be used to defraud the United 

15 States; 

16 ‘‘(5) knowingly produces, transfers, or possesses 

17 a document-making implement or authentication fea18 ture with the intent such document-making imple19 ment or authentication feature will be used in the 

20 production of a false identification document or an21 other document-making implement or authentication 

22 feature which will be so used; 

23 ‘‘(6) knowingly possesses an identification docu24 ment or authentication feature that is or appears to 

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1 ture of the United States or a sponsoring entity of 

2 an event designated as a special event of national 

3 significance which is stolen or produced without law4 ful authority knowing that such document or feature 

5 was stolen or produced without such authority; 

6 ‘‘(7) knowingly transfers, possesses, or uses, 

7 without lawful authority, a means of identification of 

8 another person with the intent to commit, or to aid 

9 or abet, or in connection with, any unlawful activity 

10 that constitutes a violation of Federal law, or that 

11 constitutes a felony under any applicable State or 

12 local law; or 

13 ‘‘(8) knowingly traffics in false or actual au14 thentication features for use in false identification 

15 documents, document-making implements, or means 

16 of identification; 

17 shall be punished as provided in subsection (b). 

18 ‘‘(b) PUNISHMENT.—The punishment for an offense 

19 under subsection (a) of this section is— 

20 ‘‘(1) except as provided in paragraphs (3) and 

21 (4), a fine under this title or imprisonment for not 

22 more than 15 years, or both, if the offense is— 

23 ‘‘(A) the production or transfer of an iden24 tification document, authentication feature, or 


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•HR 1860 IH

1 false identification document that is or appears 

2 to be— 

3 ‘‘(i) an identification document or au4 thentication feature issued by or under the 

5 authority of the United States; or 

6 ‘‘(ii) a birth certificate, or a driver’s 

7 license or personal identification card; 

8 ‘‘(B) the production or transfer of more 

9 than five identification documents, authentica10 tion features, or false identification documents; 

11 ‘‘(C) an offense under paragraph (5) of 

12 such subsection; or 

13 ‘‘(D) an offense under paragraph (7) of 

14 such subsection that involves the transfer, pos15 session, or use of 1 or more means of identifica16 tion if, as a result of the offense, any individual 

17 committing the offense obtains anything of 

18 value aggregating $1,000 or more during any 1- 

19 year period; 

20 ‘‘(2) except as provided in paragraphs (3) and 

21 (4), a fine under this title or imprisonment for not 

22 more than 5 years, or both, if the offense is— 

23 ‘‘(A) any other production, transfer, or use 

24 of a means of identification, an identification 


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1 document, authentication feature, or a false 

2 identification document; or 

3 ‘‘(B) an offense under paragraph (3) or 

4 (7) of such subsection; 

5 ‘‘(3) a fine under this title or imprisonment for 

6 not more than 20 years, or both, if the offense is 

7 committed— 

8 ‘‘(A) to facilitate a drug trafficking crime 

9 (as defined in section 592(a)(2)); 

10 ‘‘(B) in connection with a crime of violence 

11 (as defined in section 584(c)(3)); or 

12 ‘‘(C) after a prior conviction under this 

13 section becomes final; 

14 ‘‘(4) a fine under this title or imprisonment for 

15 not more than 30 years, or both, if the offense is 

16 committed to facilitate an act of domestic terrorism 

17 (as defined under section 283) or an act of inter18 national terrorism (as defined in section 283(1)); 

19 and 

20 ‘‘(5) a fine under this title or imprisonment for 

21 not more than one year, or both, in any other case. 

22 ‘‘(c) APPLICABILITY.—Subsection (a) applies if— 

23 ‘‘(1) the identification document, authentication 

24 feature, or false identification document is or ap25 pears to be issued by or under the authority of the 


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•HR 1860 IH

1 United States or a sponsoring entity of an event des2 ignated as a special event of national significance or 

3 the document-making implement is designed or suit4 ed for making such an identification document, au5 thentication feature, or false identification docu6 ment; 

7 ‘‘(2) the offense is an offense under subsection 

8 (a)(4) of this section; or 

9 ‘‘(3) either— 

10 ‘‘(A) the production, transfer, possession, 

11 or use prohibited by this section is in or affects 

12 interstate or foreign commerce, including the 

13 transfer of a document by electronic means; or 

14 ‘‘(B) the means of identification, identifica15 tion document, false identification document, or 

16 document-making implement is transported in 

17 the mail in the course of the production, trans18 fer, possession, or use prohibited by this sec19 tion. 

20 ‘‘(d) DEFINITIONS.—In this section and section 

21 784— 

22 ‘‘(1) the term ‘authentication feature’ means 

23 any hologram, watermark, certification, symbol, 

24 code, image, sequence of numbers or letters, or other 

25 feature that either individually or in combination 


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•HR 1860 IH

1 with another feature is used by the issuing authority 

2 on an identification document, document-making im3 plement, or means of identification to determine if 

4 the document is counterfeit, altered, or otherwise 

5 falsified; 

6 ‘‘(2) the term ‘document-making implement’ 

7 means any implement, impression, template, com8 puter file, computer disc, electronic device, or com9 puter hardware or software, that is specifically con10 figured or primarily used for making an identifica11 tion document, a false identification document, or 

12 another document-making implement; 

13 ‘‘(3) the term ‘identification document’ means a 

14 document made or issued by or under the authority 

15 of the United States Government, a State, political 

16 subdivision of a State, or a sponsoring entity of an 

17 event designated as a special event of national sig18 nificance, a foreign government, political subdivision 

19 of a foreign government, an international govern20 mental or an international quasi-governmental orga21 nization which, when completed with information 

22 concerning a particular individual, is of a type in23 tended or commonly accepted for the purpose of 

24 identification of individuals; 


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1 ‘‘(4) the term ‘false identification document’ 

2 means a document of a type intended or commonly 

3 accepted for the purposes of identification of individ4 uals that— 

5 ‘‘(A) is not issued by or under the author6 ity of a governmental entity or was issued 

7 under the authority of a governmental entity 

8 but was subsequently altered for purposes of 

9 deceit; and 

10 ‘‘(B) appears to be issued by or under the 

11 authority of the United States Government, a 

12 State, a political subdivision of a State, or a 

13 sponsoring entity of an event designated as a 

14 special event of national significance, a foreign 

15 government, a political subdivision of a foreign 

16 government, or an international governmental 

17 or quasi-governmental organization; 

18 ‘‘(5) the term ‘false authentication feature’ 

19 means an authentication feature that— 

20 ‘‘(A) is genuine in origin, but, without the 

21 authorization of the issuing authority, has been 

22 tampered with or altered for purposes of deceit; 

23 ‘‘(B) is genuine, but has been distributed, 

24 or is intended for distribution, without the au25 thorization of the issuing authority and not in 


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1 connection with a lawfully made identification 

2 document, document-making implement, or 

3 means of identification to which such authen4 tication feature is intended to be affixed or em5 bedded by the respective issuing authority; or 

6 ‘‘(C) appears to be genuine, but is not; 

7 ‘‘(6) the term ‘issuing authority’— 

8 ‘‘(A) means any governmental entity or 

9 agency that is authorized to issue identification 

10 documents, means of identification, or authen11 tication features; and 

12 ‘‘(B) includes the United States Govern13 ment, a State, a political subdivision of a State, 

14 or a sponsoring entity of an event designated as 

15 a special event of national significance, a for16 eign government, a political subdivision of a for17 eign government, or an international govern18 ment or quasi-governmental organization; 

19 ‘‘(7) the term ‘means of identification’ means 

20 any name or number that may be used, alone or in 

21 conjunction with any other information, to identify 

22 a specific individual, including any— 

23 ‘‘(A) name, social security number, date of 

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1 istration number, government passport number, 

2 employer or taxpayer identification number; 

3 ‘‘(B) unique biometric data, such as finger4 print, voice print, retina or iris image, or other 

5 unique physical representation; 

6 ‘‘(C) unique electronic identification num7 ber, address, or routing code; or 

8 ‘‘(D) telecommunication identifying infor9 mation or access device (as such terms are de10 fined in section 786); 

11 ‘‘(8) the term ‘personal identification card’ 

12 means an identification document issued by a State 

13 or local government solely for the purpose of identi14 fication; 

15 ‘‘(9) the term ‘produce’ includes alter, authen16 ticate, or assemble; 

17 ‘‘(10) the term ‘transfer’ includes selecting an 

18 identification document, false identification docu19 ment, or document-making implement and placing or 

20 directing the placement of such identification docu21 ment, false identification document, or document22 making implement on an online location where it is 

23 available to others; 

24 ‘‘(11) the term ‘traffic’ means— 


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1 ‘‘(A) to transport, transfer, or otherwise 

2 dispose of, to another, as consideration for any3 thing of value; or 

4 ‘‘(B) to make or obtain control of with in5 tent to so transport, transfer, or otherwise dis6 pose of. 

7 ‘‘(e) EXCLUSION.—This section does not prohibit any 

8 lawfully authorized investigative, protective, or intelligence 

9 activity of a law enforcement agency of the United States, 

10 a State, or a political subdivision of a State, or of an intel11 ligence agency of the United States, or any activity au12 thorized under chapter 224. 

13 ‘‘(f) RULE OF CONSTRUCTION.—For purpose of sub14 section (a)(7), a single identification document or false 

15 identification document that contains 1 or more means of 

16 identification shall be construed to be 1 means of identi17 fication. 

18 ‘‘§ 784. Aggravated identity theft 

19 ‘‘(a) OFFENSES.— 

20 ‘‘(1) IN GENERAL.—Whoever, during and in re21 lation to any felony violation enumerated in sub22 section (c), knowingly transfers, possesses, or uses, 

23 without lawful authority, a means of identification of 

24 another person shall, in addition to the punishment 


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1 provided for such felony, be sentenced to a term of 

2 imprisonment of 2 years. 

3 ‘‘(2) TERRORISM OFFENSE.—Whoever, during 

4 and in relation to any felony violation enumerated in 

5 section 273(g)(3)(B), knowingly transfers, possesses, 

6 or uses, without lawful authority, a means of identi7 fication of another person or a false identification 

8 document shall, in addition to the punishment pro9 vided for such felony, be sentenced to a term of im10 prisonment of 5 years. 

11 ‘‘(b) CONSECUTIVE SENTENCE.—Notwithstanding 

12 any other provision of law— 

13 ‘‘(1) a court shall not place on probation any 

14 person convicted of a violation of this section; 

15 ‘‘(2) except as provided in paragraph (4), no 

16 term of imprisonment imposed on a person under 

17 this section shall run concurrently with any other 

18 term of imprisonment imposed on the person under 

19 any other provision of law, including any term of im20 prisonment imposed for the felony during which the 

21 means of identification was transferred, possessed, 

22 or used; 

23 ‘‘(3) in determining any term of imprisonment 

24 to be imposed for the felony during which the means 

25 of identification was transferred, possessed, or used, 


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1 a court shall not in any way reduce the term to be 

2 imposed for such crime so as to compensate for, or 

3 otherwise take into account, any separate term of 

4 imprisonment imposed or to be imposed for a viola5 tion of this section; and 

6 ‘‘(4) a term of imprisonment imposed on a per7 son for a violation of this section may, in the discre8 tion of the court, run concurrently, in whole or in 

9 part, only with another term of imprisonment that 

10 is imposed by the court at the same time on that 

11 person for an additional violation of this section, 

12 provided that such discretion shall be exercised in 

13 accordance with any applicable guidelines and policy 

14 statements issued by the Sentencing Commission 

15 pursuant to section 994 of title 28. 

16 ‘‘(c) DEFINITION.—For purposes of this section, the 

17 term ‘felony violation enumerated in subsection (c)’ means 

18 any offense that is a felony violation of— 

19 ‘‘(1) section 641 (relating to theft of public 

20 money, property, or records), section 644 (relating 

21 to theft, embezzlement, or misapplication by bank 

22 officer or employee), or section 651 (relating to theft 

23 from employee benefit plans); 

24 ‘‘(2) section 1091 (relating to false personation 

25 of citizenship); 


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1 ‘‘(3) section 582(a)(6) (relating to false state2 ments in connection with the acquisition of a fire3 arm); 

4 ‘‘(4) any provision contained in this subchapter 

5 (relating to fraud and false statements), other than 

6 this section or section 783(a)(7); 

7 ‘‘(5) any provision contained in subchapter B of 

8 chapter 25 (relating to mail, bank, and wire fraud); 

9 ‘‘(6) any provision contained in subchapter F of 

10 chapter 15 (relating to nationality and citizenship); 

11 ‘‘(7) section 523 of the Gramm-Leach-Bliley 

12 Act (relating to obtaining customer information by 

13 false pretenses); 

14 ‘‘(8) section 243 or 266 of the Immigration and 

15 Nationality Act (relating to knowingly failing to 

16 leave the United States after deportation and cre17 ating a counterfeit alien registration card); 

18 ‘‘(9) any provision contained in chapter 8 of 

19 title II of the Immigration and Nationality Act (re20 lating to various immigration offenses); or 

21 ‘‘(10) section 208, 811, 1107(b), 1128B(a), or 

22 1632 of the Social Security Act (relating to false 

23 statements relating to programs under the Act). 

24 ‘‘§ 785. Fraudulent use of credit card 

25 ‘‘(a) OFFENSE.—Whoever— 


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1 ‘‘(1) knowingly in a transaction affecting inter2 state or foreign commerce, uses any counterfeit, fic3 titious, altered, forged, lost, stolen, or fraudulently 

4 obtained credit card to obtain money, goods, serv5 ices, or anything else of value which within any one6 year period has a value aggregating $1,000 or more; 

7 ‘‘(2) with unlawful intent, transports in inter8 state or foreign commerce a counterfeit, fictitious, 

9 altered, forged, lost, stolen, or fraudulently obtained 

10 credit card knowing the same to be counterfeit, ficti11 tious, altered, forged, lost, stolen, or fraudulently ob12 tained; 

13 ‘‘(3) with unlawful intent, uses any instrumen14 tality of interstate or foreign commerce to sell or 

15 transport a counterfeit, fictitious, altered, forged, 

16 lost, stolen, or fraudulently obtained credit card 

17 knowing the same to be counterfeit, fictitious, al18 tered, forged, lost, stolen, or fraudulently obtained; 

19 ‘‘(4) knowingly receives, conceals, uses, or 

20 transports money, goods, services, or anything else 

21 of value (except tickets for interstate or foreign 

22 transportation) which— 

23 ‘‘(A) within any one-year period has a 

24 value aggregating $1,000 or more; 


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1 ‘‘(B) has moved in, is part of, or con2 stitutes interstate or foreign commerce; and 

3 ‘‘(C) has been obtained with a counterfeit, 

4 fictitious, altered, forged, lost, stolen, or fraud5 ulently obtained credit card; 

6 ‘‘(5) knowingly receives, conceals, uses, sells, or 

7 transports in interstate or foreign commerce one or 

8 more tickets for interstate or foreign transportation, 

9 which— 

10 ‘‘(A) within any one-year period have a 

11 value aggregating $500 or more, and 

12 ‘‘(B) have been purchased or obtained with 

13 one or more counterfeit, fictitious, altered, 

14 forged, lost, stolen, or fraudulently obtained 

15 credit cards; or 

16 ‘‘(6) in a transaction affecting interstate or for17 eign commerce furnishes money, property, services, 

18 or anything else of value, which within any one-year 

19 period has a value aggregating $1,000 or more, 

20 through the use of any counterfeit, fictitious, al21 tered, forged, lost, stolen, or fraudulently obtained 

22 credit card knowing the same to be counterfeit, ficti23 tious, altered, forged, lost, stolen, or fraudulently ob24 tained; 

25 shall be imprisoned not more than ten years. 


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1 ‘‘(b) DEFINITIONS.—A term used in this section that 

2 has a definition for the purposes of the Consumer Credit 

3 Protection Act has that same definition for the purposes 

4 of this section. 

5 ‘‘§ 786. Fraud and related activity in connection with 

6 access devices 

7 ‘‘(a) OFFENSE.—Whoever— 

8 ‘‘(1) knowingly and with intent to defraud pro9 duces, uses, or traffics in one or more counterfeit ac10 cess devices; 

11 ‘‘(2) knowingly and with intent to defraud traf12 fics in or uses one or more unauthorized access de13 vices during any one-year period, and by such con14 duct obtains anything of value aggregating $1,000 

15 or more during that period; 

16 ‘‘(3) knowingly and with intent to defraud pos17 sesses fifteen or more devices which are counterfeit 

18 or unauthorized access devices; 

19 ‘‘(4) knowingly and with intent to defraud pro20 duces, traffics in, has control or custody of, or pos21 sesses device-making equipment; 

22 ‘‘(5) knowingly and with intent to defraud ef23 fects transactions, with 1 or more access devices 

24 issued to another person or persons, to receive pay25 ment or any other thing of value during any 1-year 


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1 period the aggregate value of which is equal to or 

2 greater than $1,000; 

3 ‘‘(6) without the authorization of the issuer of 

4 the access device, knowingly and with intent to de5 fraud solicits a person for the purpose of— 

6 ‘‘(A) offering an access device; or 

7 ‘‘(B) selling information regarding or an 

8 application to obtain an access device; 

9 ‘‘(7) knowingly and with intent to defraud uses, 

10 produces, traffics in, has control or custody of, or 

11 possesses a telecommunications instrument that has 

12 been modified or altered to obtain unauthorized use 

13 of telecommunications services; 

14 ‘‘(8) knowingly and with intent to defraud uses, 

15 produces, traffics in, has control or custody of, or 

16 possesses a scanning receiver; 

17 ‘‘(9) knowingly uses, produces, traffics in, has 

18 control or custody of, or possesses hardware or soft19 ware, knowing it has been configured to insert or 

20 modify telecommunication identifying information 

21 associated with or contained in a telecommunications 

22 instrument so that such instrument may be used to 

23 obtain telecommunications service without authoriza24 tion; or 


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1 ‘‘(10) without the authorization of the credit 

2 card system member or its agent, knowingly and 

3 with intent to defraud causes or arranges for an4 other person to present to the member or its agent, 

5 for payment, 1 or more evidences or records of 

6 transactions made by an access device; 

7 shall, if the offense affects interstate or foreign commerce, 

8 be punished as provided in subsection (b) of this section. 

9 ‘‘(b) PENALTIES.—The punishment for an offense 

10 under subsection (a) is— 

11 ‘‘(1) in the case of an offense that does not 

12 occur after a conviction for another offense under 

13 this section— 

14 ‘‘(A) if the offense is under paragraph (1), 

15 (2), (3), (6), (7), or (10) of subsection (a), a 

16 fine under this title or imprisonment for not 

17 more than 10 years, or both; and 

18 ‘‘(B) if the offense is under paragraph (4), 

19 (5), (8), or (9) of subsection (a), a fine under 

20 this title or imprisonment for not more than 15 

21 years, or both; and 

22 ‘‘(2) in the case of an offense that occurs after 

23 a conviction for another offense under this section, 

24 a fine under this title or imprisonment for not more 

25 than 20 years, or both. 


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1 ‘‘(c) EXTRATERRITORIAL JURISDICTION.—There is 

2 extraterritorial jurisdiction over an offense under this sec3 tion if— 

4 ‘‘(1) the offense involves an access device 

5 issued, owned, managed, or controlled by a financial 

6 institution, account issuer, credit card system mem7 ber, or other entity within the jurisdiction of the 

8 United States; and 

9 ‘‘(2) the person transports, delivers, conveys, 

10 transfers to or through, or otherwise stores, secrets, 

11 or holds within the jurisdiction of the United States, 

12 any article used to assist in the commission of the 

13 offense or the proceeds of such offense or property 

14 derived therefrom. 

15 ‘‘(d) AUTHORITY OF UNITED STATES SECRET SERV16 ICE.—The United States Secret Service shall, in addition 

17 to any other agency having such authority, have the au18 thority to investigate offenses under this section. Such au19 thority of the United States Secret Service shall be exer20 cised in accordance with an agreement which shall be en21 tered into by the Secretary of the Treasury and the Attor22 ney General. 

23 ‘‘(e) OFFICIAL DUTY EXCLUSION.—This section does 

24 not prohibit any lawfully authorized investigative, protec25 tive, or intelligence activity of a law enforcement agency 


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1 of the United States, a State, or a political subdivision 

2 of a State, or of an intelligence agency of the United 

3 States, or any activity authorized under chapter 224. 

4 ‘‘(f) BUSINESS EXCLUSION.—It is not a violation of 

5 subsection (a)(9) for an officer, employee, or agent of, or 

6 a person engaged in business with, a facilities-based car7 rier, to engage in conduct (other than trafficking) other8 wise prohibited by that subsection for the purpose of pro9 tecting the property or legal rights of that carrier, unless 

10 such conduct is for the purpose of obtaining telecommuni11 cations service provided by another facilities-based carrier 

12 without the authorization of such carrier. 

13 ‘‘(g) AFFIRMATIVE DEFENSE.—In a prosecution for 

14 a violation of subsection (a)(9) (other than a violation con15 sisting of producing or trafficking), it is an affirmative 

16 defense that the conduct charged was engaged in for re17 search or development in connection with a lawful pur18 pose. 

19 ‘‘(h) DEFINITIONS.—As used in this section— 

20 ‘‘(1) the term ‘access device’ means any card, 

21 plate, code, account number, electronic serial num22 ber, mobile identification number, personal identi23 fication number, or other telecommunications serv24 ice, equipment, or instrument identifier, or other 

25 means of account access that can be used, alone or 


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1 in conjunction with another access device, to obtain 

2 money, goods, services, or any other thing of value, 

3 or that can be used to initiate a transfer of funds 

4 (other than a transfer originated solely by paper in5 strument); 

6 ‘‘(2) the term ‘counterfeit access device’ means 

7 any access device that is counterfeit, fictitious, al8 tered, or forged, or an identifiable component of an 

9 access device or a counterfeit access device; 

10 ‘‘(3) the term ‘unauthorized access device’ 

11 means any access device that is lost, stolen, expired, 

12 revoked, canceled, or obtained with intent to de13 fraud; 

14 ‘‘(4) the term ‘produce’ includes design, alter, 

15 authenticate, duplicate, or assemble; 

16 ‘‘(5) the term ‘traffic’ means transfer, or other17 wise dispose of, to another, or obtain control of with 

18 intent to transfer or dispose of; 

19 ‘‘(6) the term ‘device-making equipment’ means 

20 any equipment, mechanism, or impression designed 

21 or primarily used for making an access device or a 

22 counterfeit access device; 

23 ‘‘(7) the term ‘credit card system member’ 

24 means a financial institution or other entity that is 

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1 ty, whether affiliated with or identical to the credit 

2 card issuer, that is the sole member of a credit card 

3 system; 

4 ‘‘(8) the term ‘scanning receiver’ means a de5 vice or apparatus that can be used to intercept a 

6 wire or electronic communication in violation of sub7 chapter B of chapter 37 or to intercept an electronic 

8 serial number, mobile identification number, or other 

9 identifier of any telecommunications service, equip10 ment, or instrument; 

11 ‘‘(9) the term ‘telecommunications service’ has 

12 the meaning given such term in section 3 of title I 

13 of the Communications Act of 1934; 

14 ‘‘(10) the term ‘facilities-based carrier’ means 

15 an entity that owns communications transmission fa16 cilities, is responsible for the operation and mainte17 nance of those facilities, and holds an operating li18 cense issued by the Federal Communications Com19 mission under the authority of title III of the Com20 munications Act of 1934; and 

21 ‘‘(11) the term ‘telecommunication identifying 

22 information’ means electronic serial number or any 

23 other number or signal that identifies a specific tele24 communications instrument or account, or a specific 


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1 communication transmitted from a telecommuni2 cations instrument. 

3 ‘‘§ 787. Fraud and related activity in connection with 

4 computers 

5 ‘‘(a) OFFENSE.—Whoever— 

6 ‘‘(1) having knowingly accessed a computer 

7 without authorization or exceeding authorized ac8 cess, and by means of such conduct having obtained 

9 information that has been determined by the United 

10 States Government pursuant to an Executive order 

11 or statute to require protection against unauthorized 

12 disclosure for reasons of national defense or foreign 

13 relations, or any restricted data, as defined in para14 graph y. of section 11 of the Atomic Energy Act of 

15 1954, with reason to believe that such information 

16 so obtained could be used to the injury of the United 

17 States, or to the advantage of any foreign nation 

18 knowingly communicates, delivers, transmits, or 

19 causes to be communicated, delivered, or trans20 mitted, or attempts to communicate, deliver, trans21 mit or cause to be communicated, delivered, or 

22 transmitted the same to any person not entitled to 

23 receive it, or knowingly retains the same and fails to 

24 deliver it to the officer or employee of the United 

25 States entitled to receive it; 


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1 ‘‘(2) intentionally accesses a computer without 

2 authorization or exceeds authorized access, and 

3 thereby obtains— 

4 ‘‘(A) information contained in a financial 

5 record of a financial institution, or of a card 

6 issuer as defined in section 1602(n) of title 15, 

7 or contained in a file of a consumer reporting 

8 agency on a consumer, as such terms are de9 fined in the Fair Credit Reporting Act; 

10 ‘‘(B) information from any department or 

11 agency of the United States; or 

12 ‘‘(C) information from any protected com13 puter; 

14 ‘‘(3) intentionally, without authorization to ac15 cess any nonpublic computer of a department or 

16 agency of the United States, accesses such a com17 puter of that department or agency that is exclu18 sively for the use of the Government of the United 

19 States or, in the case of a computer not exclusively 

20 for such use, is used by or for the Government of 

21 the United States and such conduct affects that use 

22 by or for the Government of the United States; 

23 ‘‘(4) knowingly and with intent to defraud, ac24 cesses a protected computer without authorization, 

25 or exceeds authorized access, and by means of such 


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1 conduct furthers the intended fraud and obtains 

2 anything of value, unless the object of the fraud and 

3 the thing obtained consists only of the use of the 

4 computer and the value of such use is not more than 

5 $5,000 in any 1-year period; 

6 ‘‘(5)(A) knowingly causes the transmission of a 

7 program, information, code, or command, and as a 

8 result of such conduct, intentionally causes damage 

9 without authorization, to a protected computer; 

10 ‘‘(B) intentionally accesses a protected com11 puter without authorization, and as a result of such 

12 conduct, recklessly causes damage; or 

13 ‘‘(C) intentionally accesses a protected com14 puter without authorization, and as a result of such 

15 conduct, causes damage and loss; 

16 ‘‘(6) knowingly and with intent to defraud traf17 fics (as defined in section 1029) in any password or 

18 similar information through which a computer may 

19 be accessed without authorization, if— 

20 ‘‘(A) such trafficking affects interstate or 

21 foreign commerce; or 

22 ‘‘(B) such computer is used by or for the 

23 Government of the United States; or 

24 ‘‘(7) with intent to extort from any person any 

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1 state or foreign commerce any communication con2 taining any— 

3 ‘‘(A) threat to cause damage to a protected 

4 computer; 

5 ‘‘(B) threat to obtain information from a 

6 protected computer without authorization or in 

7 excess of authorization or to impair the con8 fidentiality of information obtained from a pro9 tected computer without authorization or by ex10 ceeding authorized access; or 

11 ‘‘(C) demand or request for money or 

12 other thing of value in relation to damage to a 

13 protected computer, where such damage was 

14 caused to facilitate the extortion; 

15 shall be punished as provided in subsection (b) of this sec16 tion. 

17 ‘‘(b) PUNISHMENT.—The punishment for an offense 

18 under subsection (a) is— 

19 ‘‘(1)(A) a fine under this title or imprisonment 

20 for not more than ten years, or both, in the case of 

21 an offense under subsection (a)(1) of this section 

22 which does not occur after a conviction for another 

23 offense under this section, or an attempt to commit 

24 an offense punishable under this subparagraph; and 


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1 ‘‘(B) a fine under this title or imprisonment for 

2 not more than twenty years, or both, in the case of 

3 an offense under subsection (a)(1) of this section 

4 which occurs after a conviction for another offense 

5 under this section, or an attempt to commit an of6 fense punishable under this subparagraph; 

7 ‘‘(2)(A) except as provided in subparagraph 

8 (B), a fine under this title or imprisonment for not 

9 more than one year, or both, in the case of an of10 fense under subsection (a)(2), (a)(3), (a)(5)(A)(iii), 

11 or (a)(6) of this section which does not occur after 

12 a conviction for another offense under this section, 

13 or an attempt to commit an offense punishable 

14 under this subparagraph; 

15 ‘‘(B) a fine under this title or imprisonment for 

16 not more than 5 years, or both, in the case of an 

17 offense under subsection (a)(2) or an attempt to 

18 commit an offense punishable under this subpara19 graph, if— 

20 ‘‘(i) the offense was committed for pur21 poses of commercial advantage or private finan22 cial gain; 

23 ‘‘(ii) the offense was committed in further24 ance of any criminal or tortious act in violation 


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1 of the Constitution or laws of the United States 

2 or of any State; or 

3 ‘‘(iii) the value of the information obtained 

4 exceeds $5,000; and 

5 ‘‘(C) a fine under this title or imprisonment for 

6 not more than ten years, or both, in the case of an 

7 offense under subsection (a)(2), (a)(3) or (a)(6) of 

8 this section which occurs after a conviction for an9 other offense under such subsection, or an attempt 

10 to commit an offense punishable under this subpara11 graph; 

12 ‘‘(3)(A) a fine under this title or imprisonment 

13 for not more than five years, or both, in the case of 

14 an offense under subsection (a)(4) or (a)(7) of this 

15 section which does not occur after a conviction for 

16 another offense under this section, or an attempt to 

17 commit an offense punishable under this subpara18 graph; and 

19 ‘‘(B) a fine under this title or imprisonment for 

20 not more than ten years, or both, in the case of an 

21 offense under subsection (a)(4), (a)(5)(A)(iii), or 

22 (a)(7) of this section which occurs after a conviction 

23 for another offense under this section, or an attempt 

24 to commit an offense punishable under this subpara25 graph; 


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1 ‘‘(4)(A) except as provided in subparagraphs 

2 (E) and (F), a fine under this title, imprisonment 

3 for not more than 5 years, or both, in the case of— 

4 ‘‘(i) an offense under subsection (a)(5)(B), 

5 which does not occur after a conviction for an6 other offense under this section, if the offense 

7 caused (or, in the case of an attempted offense, 

8 would, if completed, have caused)— 

9 ‘‘(I) loss to 1 or more persons during 

10 any 1-year period (and, for purposes of an 

11 investigation, prosecution, or other pro12 ceeding brought by the United States only, 

13 loss resulting from a related course of con14 duct affecting 1 or more other protected 

15 computers) aggregating at least $5,000 in 

16 value; 

17 ‘‘(II) the modification or impairment, 

18 or potential modification or impairment, of 

19 the medical examination, diagnosis, treat20 ment, or care of 1 or more individuals; 

21 ‘‘(III) physical injury to any person; 

22 ‘‘(IV) a threat to public health or 

23 safety; 

24 ‘‘(V) damage affecting a computer 

25 used by or for an entity of the United 


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1 States Government in furtherance of the 

2 administration of justice, national defense, 

3 or national security; or 

4 ‘‘(VI) damage affecting 10 or more 

5 protected computers during any 1-year pe6 riod; or 

7 ‘‘(ii) an attempt to commit an offense pun8 ishable under this subparagraph; 

9 ‘‘(B) except as provided in subparagraphs (E) 

10 and (F), a fine under this title, imprisonment for 

11 not more than 10 years, or both, in the case of— 

12 ‘‘(i) an offense under subsection (a)(5)(A), 

13 which does not occur after a conviction for an14 other offense under this section, if the offense 

15 caused (or, in the case of an attempted offense, 

16 would, if completed, have caused) a harm pro17 vided in subclauses (I) through (VI) of subpara18 graph (A)(i); or 

19 ‘‘(ii) an attempt to commit an offense pun20 ishable under this subparagraph; 

21 ‘‘(C) except as provided in subparagraphs (E) 

22 and (F), a fine under this title, imprisonment for 

23 not more than 20 years, or both, in the case of— 

24 ‘‘(i) an offense or an attempt to commit an 

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1 section (a)(5) that occurs after a conviction for 

2 another offense under this section; or 

3 ‘‘(ii) an attempt to commit an offense pun4 ishable under this subparagraph; 

5 ‘‘(D) a fine under this title, imprisonment for 

6 not more than 10 years, or both, in the case of— 

7 ‘‘(i) an offense or an attempt to commit an 

8 offense under subsection (a)(5)(C) that occurs 

9 after a conviction for another offense under this 

10 section; or 

11 ‘‘(ii) an attempt to commit an offense pun12 ishable under this subparagraph; 

13 ‘‘(E) if the offender attempts to cause or know14 ingly or recklessly causes serious bodily injury from 

15 conduct in violation of subsection (a)(5)(A), a fine 

16 under this title, imprisonment for not more than 20 

17 years, or both; 

18 ‘‘(F) if the offender attempts to cause or know19 ingly or recklessly causes death from conduct in vio20 lation of subsection (a)(5)(A), a fine under this title, 

21 imprisonment for any term of years or for life, or 

22 both; or 

23 ‘‘(G) a fine under this title, imprisonment for 

24 not more than 1 year, or both, for— 


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1 ‘‘(i) any other offense under subsection 

2 (a)(5); or 

3 ‘‘(ii) an attempt to commit an offense pun4 ishable under this subparagraph. 

5 ‘‘(c) INVESTIGATIVE AUTHORITY.— 

6 ‘‘(1) UNITED STATES SECRET SERVICE.—The 

7 United States Secret Service shall, in addition to 

8 any other agency having such authority, have the 

9 authority to investigate offenses under this section. 

10 ‘‘(2) FEDERAL BUREAU OF INVESTIGATION.— 

11 The Federal Bureau of Investigation shall have pri12 mary authority to investigate offenses under sub13 section (a)(1) for any cases involving espionage, for14 eign counterintelligence, information protected 

15 against unauthorized disclosure for reasons of na16 tional defense or foreign relations, or Restricted 

17 Data (as that term is defined in section 11 y. of the 

18 Atomic Energy Act of 1954, except for offenses af19 fecting the duties of the United States Secret Serv20 ice pursuant to section 3056(a). 

21 ‘‘(3) AGREEMENT.—Such authority shall be ex22 ercised in accordance with an agreement which shall 

23 be entered into by the Secretary of the Treasury and 

24 the Attorney General. 

25 ‘‘(d) DEFINITIONS.—As used in this section— 


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1 ‘‘(1) the term ‘computer’ means an electronic, 

2 magnetic, optical, electrochemical, or other high 

3 speed data processing device performing logical, 

4 arithmetic, or storage functions, and includes any 

5 data storage facility or communications facility di6 rectly related to or operating in conjunction with 

7 such device, but such term does not include an auto8 mated typewriter or typesetter, a portable hand held 

9 calculator, or other similar device; 

10 ‘‘(2) the term ‘protected computer’ means a 

11 computer— 

12 ‘‘(A) exclusively for the use of a financial 

13 institution or the United States Government, 

14 or, in the case of a computer not exclusively for 

15 such use, used by or for a financial institution 

16 or the United States Government and the con17 duct constituting the offense affects that use by 

18 or for the financial institution or the Govern19 ment; or 

20 ‘‘(B) which is used in interstate or foreign 

21 commerce or communication, including a com22 puter located outside the United States that is 

23 used in a manner that affects interstate or for24 eign commerce or communication of the United 

25 States; 


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1 ‘‘(3) the term ‘financial institution’ has mean2 ing given the term in section 1, except that such 

3 term— 

4 ‘‘(A) includes— 

5 ‘‘(i) a broker or dealer registered with 

6 the Securities and Exchange Commission 

7 pursuant to section 15 of the Securities 

8 Exchange Act of 1934; and 

9 ‘‘(ii) the Securities Investor Protection 

10 Corporation; and 

11 ‘‘(B) does not include— 

12 ‘‘(i) a small business investment com13 pany (as defined in section 103 of the 

14 Small Business Investment Act of 1958); 

15 or 

16 ‘‘(ii) a depository institution holding 

17 company (as defined in section 3(w)(1) of 

18 the Federal Deposit Insurance Act). 

19 ‘‘(4) the term ‘financial record’ means informa20 tion derived from any record held by a financial in21 stitution pertaining to a customer’s relationship with 

22 the financial institution; 

23 ‘‘(5) the term ‘exceeds authorized access’ means 

24 to access a computer with authorization and to use 

25 such access to obtain or alter information in the 


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1 computer that the accesser is not entitled so to ob2 tain or alter; 

3 ‘‘(6) the term ‘department of the United States’ 

4 means the legislative or judicial branch of the Gov5 ernment or one of the executive departments enu6 merated in section 101 of title 5; 

7 ‘‘(7) the term ‘damage’ means any impairment 

8 to the integrity or availability of data, a program, a 

9 system, or information; 

10 ‘‘(8) the term ‘government entity’ includes the 

11 Government of the United States, any State or polit12 ical subdivision of the United States, any foreign 

13 country, and any state, province, municipality, or 

14 other political subdivision of a foreign country; 

15 ‘‘(9) the term ‘conviction’ shall include a convic16 tion under the law of any State for a crime punish17 able by imprisonment for more than 1 year, an ele18 ment of which is unauthorized access, or exceeding 

19 authorized access, to a computer; and 

20 ‘‘(10) the term ‘loss’ means any reasonable cost 

21 to any victim, including the cost of responding to an 

22 offense, conducting a damage assessment, and re23 storing the data, program, system, or information to 

24 its condition prior to the offense, and any revenue 


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1 lost, cost incurred, or other consequential damages 

2 incurred because of interruption of service. 

3 ‘‘(e) EXCLUSION.—This section does not prohibit any 

4 lawfully authorized investigative, protective, or intelligence 

5 activity of a law enforcement agency of the United States, 

6 a State, or a political subdivision of a State, or of an intel7 ligence agency of the United States. 

8 ‘‘(f) CIVIL ACTION.—Whoever suffers damage or loss 

9 by reason of a violation of this section may maintain a 

10 civil action against the violator to obtain compensatory 

11 damages and injunctive relief or other equitable relief. A 

12 civil action for a violation of this section may be brought 

13 only if the conduct involves 1 of the factors set forth in 

14 clause subclause (I), (II), (III), (IV), or (V) of subsection 

15 (b)(4)(A)(i). Damages for a violation involving only con16 duct described in subsection (b)(4)(A)(i)(I) are limited to 

17 economic damages. No action may be brought under this 

18 subsection unless such action is begun within 2 years of 

19 the date of the act complained of or the date of the dis20 covery of the damage. No action may be brought under 

21 this subsection for the negligent design or manufacture 

22 of computer hardware, computer software, or firmware. 

23 ‘‘§ 788. Major fraud against the United States 

24 ‘‘(a) OFFENSE.—Whoever knowingly executes, or at25 tempts to execute, any scheme or artifice with the intent— 


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1 ‘‘(1) to defraud the United States; or 

2 ‘‘(2) to obtain money or property by means of 

3 false or fraudulent pretenses, representations, or 

4 promises, 

5 in any grant, contract, subcontract, subsidy, loan, guar6 antee, insurance, or other form of Federal assistance, in7 cluding through the Troubled Asset Relief Program, an 

8 economic stimulus, recovery or rescue plan provided by the 

9 Government, or the Government’s purchase of any trou10 bled asset as defined in the Emergency Economic Sta11 bilization Act of 2008, or in any procurement of property 

12 or services as a prime contractor with the United States 

13 or as a subcontractor or supplier on a contract in which 

14 there is a prime contract with the United States, if the 

15 value of such grant, contract, subcontract, subsidy, loan, 

16 guarantee, insurance, or other form of Federal assistance 

17 , or any constituent part thereof, is $1,000,000 or more 

18 shall, subject to the applicability of subsection (c) of this 

19 section, be imprisoned not more than 10 years. 

20 ‘‘(b) INCREASED FINE.—The fine imposed for an of21 fense under this section may exceed the maximum other22 wise provided by law, if such fine does not exceed 

23 $5,000,000 and— 

24 ‘‘(1) the gross loss to the Government or the 

25 gross gain to a defendant is $500,000 or greater; or 


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1 ‘‘(2) the offense involves a conscious or reckless 

2 risk of serious personal injury. 

3 ‘‘(c) INCREASED FINE ON MULTIPLE COUNTS.—The 

4 maximum fine imposed upon a defendant for a prosecution 

5 including a prosecution with multiple counts under this 

6 section shall not exceed $10,000,000. 

7 ‘‘(d) DISCLAIMER.—Nothing in this section shall pre8 clude a court from imposing any other sentences available 

9 under this title, including a fine up to twice the amount 

10 of the gross loss or gross gain involved in the offense pur11 suant to section 3571(d). 

12 ‘‘(e) LIMITATION.—A prosecution of an offense under 

13 this section may be commenced any time not later than 

14 7 years after the offense is committed, plus any additional 

15 time otherwise allowed by law. 

16 ‘‘(f) WHISTLEBLOWER.—Any individual who— 

17 ‘‘(1) is discharged, demoted, suspended, threat18 ened, harassed, or in any other manner discrimi19 nated against in the terms and conditions of employ20 ment by an employer because of lawful acts done by 

21 the employee on behalf of the employee or others in 

22 furtherance of a prosecution under this section (in23 cluding investigation for, initiation of, testimony for, 

24 or assistance in such prosecution), and 


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1 ‘‘(2) was not a participant in the unlawful ac2 tivity that is the subject of such prosecution; 

3 may, in a civil action, obtain all relief necessary to make 

4 such individual whole. Such relief shall include reinstate5 ment with the same seniority status such individual would 

6 have had but for the discrimination, 2 times the amount 

7 of back pay, interest on the back pay, and compensation 

8 for any special damages sustained as a result of the dis9 crimination, including litigation costs and reasonable at10 torney’s fees. 

11 ‘‘§ 789. Concealment of assets from conservator, re12 ceiver, or liquidating agent 

13 ‘‘Whoever— 

14 ‘‘(1) knowingly conceals an asset or property 

15 from the Federal Deposit Insurance Corporation, 

16 acting as conservator or receiver or in the Corpora17 tion’s corporate capacity with respect to any asset 

18 acquired or liability assumed by the Corporation 

19 under section 11, 12, or 13 of the Federal Deposit 

20 Insurance Act, any conservator appointed by the 

21 Comptroller of the Currency, the Federal Deposit 

22 Insurance Corporation acting as receiver for a cov23 ered financial company, in accordance with title II 

24 of the Dodd-Frank Wall Street Reform and Con25 sumer Protection Act, or the National Credit Union 


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1 Administration Board, acting as conservator or liqui2 dating agent; 

3 ‘‘(2) corruptly impedes the functions of such 

4 Corporation, Board, or conservator; or 

5 ‘‘(3) corruptly places an asset or property be6 yond the reach of such Corporation, Board, or con7 servator, 

8 shall be imprisoned not more than 5 years. 

9 ‘‘§ 790. Crimes by or affecting persons engaged in the 

10 business of insurance whose activities af11 fect interstate commerce 

12 ‘‘(a) FALSE STATEMENT OFFENSE.—(1) Whoever is 

13 engaged in the business of insurance whose activities af14 fect interstate commerce and knowingly, with the intent 

15 to deceive, makes any false material statement or report 

16 or knowingly and materially overvalues any land, property 

17 or security— 

18 ‘‘(A) in connection with any financial reports or 

19 documents presented to any insurance regulatory of20 ficial or agency or an agent or examiner appointed 

21 by such official or agency to examine the affairs of 

22 such person, and 

23 ‘‘(B) for the purpose of influencing the actions 

24 of such official or agency or such an appointed agent 

25 or examiner, 


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1 shall be punished as provided in paragraph (2). 

2 ‘‘(2) The punishment for an offense under paragraph 

3 (1) is a fine as established under this title or imprison4 ment for not more than 10 years, or both, except that 

5 the term of imprisonment shall be not more than 15 years 

6 if the statement or report or overvaluing of land, property, 

7 or security jeopardized the safety and soundness of an in8 surer and was a significant cause of such insurer being 

9 placed in conservation, rehabilitation, or liquidation by an 

10 appropriate court. 

11 ‘‘(b) EMBEZZLEMENT AND SIMILAR CONDUCT.—(1) 

12 Whoever— 

13 ‘‘(A) acting as, or being an officer, director, 

14 agent, or employee of, any person engaged in the 

15 business of insurance whose activities affect inter16 state commerce, or 

17 ‘‘(B) is engaged in the business of insurance 

18 whose activities affect interstate commerce or is in19 volved (other than as an insured or beneficiary 

20 under a policy of insurance) in a transaction relating 

21 to the conduct of affairs of such a business, 

22 knowingly embezzles, abstracts, purloins, or misappro23 priates any of the moneys, funds, premiums, credits, or 

24 other property of such person so engaged shall be pun25 ished as provided in paragraph (2). 


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1 ‘‘(2) The punishment for an offense under paragraph 

2 (1) is a fine as provided under this title or imprisonment 

3 for not more than 10 years, or both, except that if such 

4 embezzlement, abstraction, purloining, or misappropria5 tion described in paragraph (1) jeopardized the safety and 

6 soundness of an insurer and was a significant cause of 

7 such insurer being placed in conservation, rehabilitation, 

8 or liquidation by an appropriate court, such imprisonment 

9 shall be not more than 15 years. If the amount or value 

10 so embezzled, abstracted, purloined, or misappropriated 

11 does not exceed $5,000, whoever violates paragraph (1) 

12 shall be imprisoned not more than one year. 

13 ‘‘(c) FALSE ENTRIES.—(1) Whoever is engaged in 

14 the business of insurance and whose activities affect inter15 state commerce or is involved (other than as an insured 

16 or beneficiary under a policy of insurance) in a transaction 

17 relating to the conduct of affairs of such a business, know18 ingly makes any false entry of material fact in any book, 

19 report, or statement of such person engaged in the busi20 ness of insurance with intent to deceive any person, includ21 ing any officer, employee, or agent of such person engaged 

22 in the business of insurance, any insurance regulatory offi23 cial or agency, or any agent or examiner appointed by such 

24 official or agency to examine the affairs of such person, 


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1 about the financial condition or solvency of such business 

2 shall be punished as provided in paragraph (2). 

3 ‘‘(2) The punishment for an offense under paragraph 

4 (1) is a fine as provided under this title or imprisonment 

5 for not more than 10 years, or both, except that if the 

6 false entry in any book, report, or statement of such per7 son jeopardized the safety and soundness of an insurer 

8 and was a significant cause of such insurer being placed 

9 in conservation, rehabilitation, or liquidation by an appro10 priate court, such imprisonment shall be not more than 

11 15 years. 

12 ‘‘(d) OBSTRUCTION.—Whoever, by threats or force or 

13 by any threatening letter or communication, corruptly in14 fluences, obstructs, or impedes or endeavors corruptly to 

15 influence, obstruct, or impede the due and proper adminis16 tration of the law under which any proceeding involving 

17 the business of insurance whose activities affect interstate 

18 commerce is pending before any insurance regulatory offi19 cial or agency or any agent or examiner appointed by such 

20 official or agency to examine the affairs of a person en21 gaged in the business of insurance whose activities affect 

22 interstate commerce, shall be imprisoned not more than 

23 10 years. 

24 ‘‘(e) DISQUALIFICATION FOR INSURANCE BUSI25 NESS.—(1)(A) Any individual who has been convicted of 


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1 any criminal felony involving dishonesty or a breach of 

2 trust, or who has been convicted of an offense under this 

3 section, and who knowingly engages in the business of in4 surance whose activities affect interstate commerce or par5 ticipates in such business, shall be imprisoned not more 

6 than 5 years. 

7 ‘‘(B) Any individual who is engaged in the business 

8 of insurance whose activities affect interstate commerce 

9 and who knowingly permits the participation described in 

10 subparagraph (A) shall be imprisoned not more than 5 

11 years. 

12 ‘‘(2) A person described in paragraph (1)(A) may en13 gage in the business of insurance or participate in such 

14 business if such person has the written consent of any in15 surance regulatory official authorized to regulate the in16 surer, which consent specifically refers to this subsection. 

17 ‘‘(f) DEFINITIONS.—As used in this section— 

18 ‘‘(1) the term ‘business of insurance’ means— 

19 ‘‘(A) the writing of insurance, or 

20 ‘‘(B) the reinsuring of risks, 

21 by an insurer, including all acts necessary or inci22 dental to such writing or reinsuring and the activi23 ties of persons who act as, or are, officers, directors, 

24 agents, or employees of insurers or who are other 


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1 persons authorized to act on behalf of such persons; 

2 and 

3 ‘‘(2) the term ‘insurer’ means any entity the 

4 business activity of which is the writing of insurance 

5 or the reinsuring of risks, and includes any person 

6 who acts as, or is, an officer, director, agent, or em7 ployee of that business. 

8 ‘‘§ 791. Civil penalties and injunctions for violations 

9 of section 790 

10 ‘‘(a) CIVIL PENALTY.—The Attorney General may 

11 bring a civil action in the appropriate United States dis12 trict court against any person who engages in conduct con13 stituting an offense under section 790 and, upon proof of 

14 such conduct by a preponderance of the evidence, such 

15 person shall be subject to a civil penalty of not more than 

16 $50,000 for each violation or the amount of compensation 

17 which the person received or offered for the prohibited 

18 conduct, whichever amount is greater. If the offense has 

19 contributed to the decision of a court of appropriate juris20 diction to issue an order directing the conservation, reha21 bilitation, or liquidation of an insurer, such penalty shall 

22 be remitted to the appropriate regulatory official for the 

23 benefit of the policyholders, claimants, and creditors of 

24 such insurer. The imposition of a civil penalty under this 

25 subsection does not preclude any other criminal or civil 


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1 statutory, common law, or administrative remedy, which 

2 is available by law to the United States or any other per3 son. 

4 ‘‘(b) ORDER PROHIBITING.—If the Attorney General 

5 has reason to believe that a person is engaged in conduct 

6 constituting an offense under section 790, the Attorney 

7 General may petition an appropriate United States district 

8 court for an order prohibiting that person from engaging 

9 in such conduct. The court may issue an order prohibiting 

10 that person from engaging in such conduct if the court 

11 finds that the conduct constitutes such an offense. The 

12 filing of a petition under this section does not preclude 

13 any other remedy which is available by law to the United 

14 States or any other person. 

15 ‘‘§ 792. False statements relating to health care mat16 ters 

17 ‘‘Whoever, in any matter involving a health care ben18 efit program, knowingly— 

19 ‘‘(1) falsifies, conceals, or covers up by any 

20 trick, scheme, or device a material fact; or 

21 ‘‘(2) makes any materially false, fictitious, or 

22 fraudulent statements or representations, or makes 

23 or uses any materially false writing or document 

24 knowing the same to contain any materially false, 

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1 nection with the delivery of or payment for health 

2 care benefits, items, or services, 

3 shall be imprisoned not more than 5 years. 

4 ‘‘§ 793. Entry by false pretenses to any real property, 

5 vessel, or aircraft of the United States or 

6 secure area of any airport or seaport 

7 ‘‘(a) OFFENSE.—Whoever, by any fraud or false pre8 tense, enters— 

9 ‘‘(1) any real property belonging in whole or in 

10 part to, or leased by, the United States; 

11 ‘‘(2) any vessel or aircraft belonging in whole or 

12 in part to, or leased by, the United States; 

13 ‘‘(3) any secure or restricted area of any sea14 port, designated as secure in an approved security 

15 plan, as required under section 70103 of title 46 and 

16 the rules and regulations promulgated under that 

17 section; or 

18 ‘‘(4) any secure area of any airport, 

19 shall be punished as provided in subsection (b). 

20 ‘‘(b) PUNISHMENT.—The punishment for an offense 

21 under subsection (a) is— 

22 ‘‘(1) imprisonment for not more than 10 years, 

23 if the offense is committed with the intent to commit 

24 a felony; or 


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1 ‘‘(2) imprisonment for not more than 6 months, 

2 in any other case. 

3 ‘‘(c) DEFINITIONS.—As used in this section— 

4 ‘‘(1) the term ‘secure area’ means an area ac5 cess to which is restricted by the airport authority, 

6 captain of the seaport, or a public agency; and 

7 ‘‘(2) the term ‘airport’ has the meaning given 

8 such term in section 47102 of title 49. 

9 ‘‘§ 794. Fraud and related activity in connection with 

10 electronic mail 

11 ‘‘(a) IN GENERAL.—Whoever, in or affecting inter12 state or foreign commerce, knowingly— 

13 ‘‘(1) accesses a protected computer without au14 thorization, and intentionally initiates the trans15 mission of multiple commercial electronic mail mes16 sages from or through such computer, 

17 ‘‘(2) uses a protected computer to relay or re18 transmit multiple commercial electronic mail mes19 sages, with the intent to deceive or mislead recipi20 ents, or any Internet access service, as to the origin 

21 of such messages, 

22 ‘‘(3) materially falsifies header information in 

23 multiple commercial electronic mail messages and in24 tentionally initiates the transmission of such mes25 sages, 


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1 ‘‘(4) registers, using information that materially 

2 falsifies the identity of the actual registrant, for five 

3 or more electronic mail accounts or online user ac4 counts or two or more domain names, and inten5 tionally initiates the transmission of multiple com6 mercial electronic mail messages from any combina7 tion of such accounts or domain names, or 

8 ‘‘(5) falsely represents oneself to be the reg9 istrant or the legitimate successor in interest to the 

10 registrant of 5 or more Internet Protocol addresses, 

11 and intentionally initiates the transmission of mul12 tiple commercial electronic mail messages from such 

13 addresses, 

14 shall be punished as provided in paragraph (b). 

15 ‘‘(b) PENALTIES.—The punishment for an offense 

16 under subsection (a) is— 

17 ‘‘(1) a fine under this title, imprisonment for 

18 not more than 5 years, or both, if— 

19 ‘‘(A) the offense is committed in further20 ance of any felony under the laws of the United 

21 States or of any State; or 

22 ‘‘(B) the defendant has previously been 

23 convicted under this section or section 787, or 

24 under the law of any State for conduct involv25 ing the transmission of multiple commercial 


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1 electronic mail messages or unauthorized access 

2 to a computer system; 

3 ‘‘(2) a fine under this title, imprisonment for 

4 not more than 3 years, or both, if— 

5 ‘‘(A) the offense is an offense under sub6 section (a)(1); 

7 ‘‘(B) the offense is an offense under sub8 section (a)(4) and involved 20 or more falsified 

9 electronic mail or online user account registra10 tions, or 10 or more falsified domain name reg11 istrations; 

12 ‘‘(C) the volume of electronic mail mes13 sages transmitted in furtherance of the offense 

14 exceeded 2,500 during any 24-hour period, 

15 25,000 during any 30-day period, or 250,000 

16 during any 1-year period; 

17 ‘‘(D) the offense caused loss to one or 

18 more persons aggregating $5,000 or more in 

19 value during any 1-year period; 

20 ‘‘(E) as a result of the offense any indi21 vidual committing the offense obtained anything 

22 of value aggregating $5,000 or more during any 

23 1-year period; or 

24 ‘‘(F) the offense was undertaken by the de25 fendant in concert with three or more other 


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1 persons with respect to whom the defendant oc2 cupied a position of organizer or leader; and 

3 ‘‘(3) a fine under this title or imprisonment for 

4 not more than 1 year, or both, in any other case. 

5 ‘‘(c) DEFINITIONS.—For the purposes of this sec6 tion— 

7 ‘‘(1) the term ‘loss’ has the meaning given that 

8 term in section 787(d); 

9 ‘‘(2) for purposes of paragraphs (3) and (4) of 

10 subsection (a), header information or registration in11 formation is materially falsified if it is altered or 

12 concealed in a manner that would impair the ability 

13 of a recipient of the message, an Internet access 

14 service processing the message on behalf of a recipi15 ent, a person alleging a violation of this section, or 

16 a law enforcement agency to identify, locate, or re17 spond to a person who initiated the electronic mail 

18 message or to investigate the alleged violation; 

19 ‘‘(3) the term ‘multiple’ means more than 100 

20 electronic mail messages during a 24-hour period, 

21 more than 1,000 electronic mail messages during a 

22 30-day period, or more than 10,000 electronic mail 

23 messages during a 1-year period; and 

24 ‘‘(4) any other term has the meaning given that 

25 term by section 3 of the CAN–SPAM Act of 2003. 


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1 ‘‘§ 795. False information and hoaxes 

2 ‘‘(a) CRIMINAL VIOLATION.— 

3 ‘‘(1) IN GENERAL.—Whoever engages in any 

4 conduct with intent to convey false or misleading in5 formation under circumstances where such informa6 tion may reasonably be believed and where such in7 formation indicates that an activity has taken, is 

8 taking, or will take place that would constitute a vio9 lation of subchapter A or D of chapter 33, sub10 chapter B of chapter 15, or subchapter B, D, E, or 

11 F of chapter 21 of this title, section 236 of the 

12 Atomic Energy Act of 1954, or section 46502, the 

13 second sentence of section 46504, section 

14 46505(b)(3) or (c), section 46506 if homicide or at15 tempted homicide is involved, or section 60123(b) of 

16 title 49, shall— 

17 ‘‘(A) be imprisoned not more than 5 years; 

18 ‘‘(B) if serious bodily injury results, be im19 prisoned not more than 20 years; and 

20 ‘‘(C) if death results, be imprisoned for 

21 any number of years up to life. 

22 ‘‘(2) ARMED FORCES.—Whoever makes a false 

23 statement, with intent to convey false or misleading 

24 information, about the death, injury, capture, or dis25 appearance of a member of the Armed Forces of the 


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1 United States during a war or armed conflict in 

2 which the United States is engaged— 

3 ‘‘(A) shall be imprisoned not more than 5 

4 years; 

5 ‘‘(B) if serious bodily injury results, shall 

6 be imprisoned not more than 20 years; and 

7 ‘‘(C) if death results, shall be imprisoned 

8 for any number of years or for life. 

9 ‘‘(b) CIVIL ACTION.—Whoever engages in any con10 duct with intent to convey false or misleading information 

11 under circumstances where such information may reason12 ably be believed and where such information indicates that 

13 an activity has taken, is taking, or will take place that 

14 would constitute a violation of subchapter A or D of chap15 ter 33, subchapter B of chapter 15, or subchapter B, D, 

16 E, or F of chapter 21 of this title, section 236 of the 

17 Atomic Energy Act of 1954, or section 46502, the second 

18 sentence of section 46504, section 46505(b)(3) or (c), sec19 tion 46506 if homicide or attempted homicide is involved, 

20 or section 60123(b) of title 49 is liable in a civil action 

21 to any party incurring expenses incident to any emergency 

22 or investigative response to that conduct, for those ex23 penses. 

24 ‘‘(c) REIMBURSEMENT.— 


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1 ‘‘(1) IN GENERAL.—The court, in imposing a 

2 sentence on a defendant who has been convicted of 

3 an offense under subsection (a), shall order the de4 fendant to reimburse any state or local government, 

5 or private not-for-profit organization that provides 

6 fire or rescue service incurring expenses incident to 

7 any emergency or investigative response to that con8 duct, for those expenses. 

9 ‘‘(2) LIABILITY.—A person ordered to make re10 imbursement under this subsection shall be jointly 

11 and severally liable for such expenses with each 

12 other person, if any, who is ordered to make reim13 bursement under this subsection for the same ex14 penses. 

15 ‘‘(3) CIVIL JUDGMENT.—An order of reim16 bursement under this subsection shall, for the pur17 poses of enforcement, be treated as a civil judgment. 

18 ‘‘(d) ACTIVITIES OF LAW ENFORCEMENT.—This sec19 tion does not prohibit any lawfully authorized investiga20 tive, protective, or intelligence activity of a law enforce21 ment agency of the United States, a State, or political sub22 division of a State, or of an intelligence agency of the 

23 United States. 


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1 ‘‘§ 796. Fraud and related activity in connection with 

2 obtaining confidential phone records in3 formation of a covered entity 

4 ‘‘(a) CRIMINAL VIOLATION.—Whoever, in interstate 

5 or foreign commerce, knowingly and intentionally obtains, 

6 or attempts to obtain, confidential phone records informa7 tion of a covered entity, by— 

8 ‘‘(1) making false or fraudulent statements or 

9 representations to an employee of a covered entity; 

10 ‘‘(2) making such false or fraudulent state11 ments or representations to a customer of a covered 

12 entity; 

13 ‘‘(3) providing a document to a covered entity 

14 knowing that such document is false or fraudulent; 

15 or 

16 ‘‘(4) accessing customer accounts of a covered 

17 entity via the Internet, or by means of conduct that 

18 violates section 787, without prior authorization 

19 from the customer to whom such confidential phone 

20 records information relates; 

21 shall be imprisoned for not more than 10 years. 

22 ‘‘(b) PROHIBITION ON SALE OR TRANSFER OF CON23 FIDENTIAL PHONE RECORDS INFORMATION.— 

24 ‘‘(1) Except as otherwise permitted by applica25 ble law, whoever, in interstate or foreign commerce, 

26 knowingly and intentionally sells or transfers, or atVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00639 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 tempts to sell or transfer, confidential phone records 

2 information of a covered entity, without prior au3 thorization from the customer to whom such con4 fidential phone records information relates, or know5 ing or having reason to know such information was 

6 obtained fraudulently, shall be imprisoned not more 

7 than 10 years. 

8 ‘‘(2) For purposes of this subsection, the excep9 tions specified in section 222(d) of the Communica10 tions Act of 1934 apply for the use of confidential 

11 phone records information by any covered entity, as 

12 defined in subsection (h). 

13 ‘‘(c) PROHIBITION ON PURCHASE OR RECEIPT OF

14 CONFIDENTIAL PHONE RECORDS INFORMATION.— 

15 ‘‘(1) Except as otherwise permitted by applica16 ble law, whoever, in interstate or foreign commerce, 

17 knowingly and intentionally purchases or receives, or 

18 attempts to purchase or receive, confidential phone 

19 records information of a covered entity, without 

20 prior authorization from the customer to whom such 

21 confidential phone records information relates, or 

22 knowing or having reason to know such information 

23 was obtained fraudulently, shall be imprisoned not 

24 more than 10 years. 


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1 ‘‘(2) For purposes of this subsection, the excep2 tions specified in section 222(d) of the Communica3 tions Act of 1934 apply for the use of confidential 

4 phone records information by any covered entity, as 

5 defined in subsection (h). 

6 ‘‘(d) ENHANCED PENALTIES FOR AGGRAVATED

7 CASES.—Whoever violates, or attempts to violate, sub8 section (a), (b), or (c) while violating another law of the 

9 United States or as part of a pattern of any illegal activity 

10 involving more than $100,000, or more than 50 customers 

11 of a covered entity, in a 12-month period shall, in addition 

12 to the penalties provided for in such subsection, be impris13 oned for not more than 5 years. 

14 ‘‘(e) ENHANCED PENALTIES FOR USE OF INFORMA15 TION IN FURTHERANCE OF CERTAIN CRIMINAL OF16 FENSES.— 

17 ‘‘(1) Whoever, violates, or attempts to violate, 

18 subsection (a), (b), or (c) knowing that such infor19 mation may be used in furtherance of, or with the 

20 intent to commit, an offense described in section 161 

21 or any other crime of violence shall, in addition to 

22 the penalties provided for in such subsection, be im23 prisoned not more than 5 years. 

24 ‘‘(2) Whoever, violates, or attempts to violate, 

25 subsection (a), (b), or (c) knowing that such inforVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00641 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 mation may be used in furtherance of, or with the 

2 intent to commit, an offense under section 102, 112, 

3 131, 1132, 1137, or 1138, or to intimidate, threat4 en, harass, injure, or kill any Federal, State, or local 

5 law enforcement officer shall, in addition to the pen6 alties provided for in such subsection, be and impris7 oned not more than 5 years. 

8 ‘‘(f) EXTRATERRITORIAL JURISDICTION.—There is 

9 extraterritorial jurisdiction over an offense under this sec10 tion. 

11 ‘‘(g) NONAPPLICABILITY TO LAW ENFORCEMENT

12 AGENCIES.—This section does not prohibit any lawfully 

13 authorized investigative, protective, or intelligence activity 

14 of a law enforcement agency of the United States, a State, 

15 or political subdivision of a State, or of an intelligence 

16 agency of the United States. 

17 ‘‘(h) DEFINITIONS.—In this section: 

18 ‘‘(1) CONFIDENTIAL PHONE RECORDS INFOR19 MATION.—The term ‘confidential phone records in20 formation’ means information that— 

21 ‘‘(A) relates to the quantity, technical con22 figuration, type, destination, location, or 

23 amount of use of a service offered by a covered 

24 entity, subscribed to by any customer of that 

25 covered entity, and kept by or on behalf of that 


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1 covered entity solely by virtue of the relation2 ship between that covered entity and the cus3 tomer; 

4 ‘‘(B) is made available to a covered entity 

5 by a customer solely by virtue of the relation6 ship between that covered entity and the cus7 tomer; or 

8 ‘‘(C) is contained in any bill, itemization, 

9 or account statement provided to a customer by 

10 or on behalf of a covered entity solely by virtue 

11 of the relationship between that covered entity 

12 and the customer. 

13 ‘‘(2) COVERED ENTITY.—The term ‘covered en14 tity’— 

15 ‘‘(A) has the same meaning given the term 

16 ‘telecommunications carrier’ in section 3 of the 

17 Communications Act of 1934; and 

18 ‘‘(B) includes any provider of IP-enabled 

19 voice service. 

20 ‘‘(3) CUSTOMER.—The term ‘customer’ means, 

21 with respect to a covered entity, any individual, part22 nership, association, joint stock company, trust, or 

23 corporation, or authorized representative of such 

24 customer, to whom the covered entity provides a 

25 product or service. 


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1 ‘‘(4) IP-ENABLED VOICE SERVICE.—The term 

2 ‘IP-enabled voice service’ means the provision of 

3 real-time voice communications offered to the public, 

4 or such class of users as to be effectively available 

5 to the public, transmitted through customer prem6 ises equipment using TCP/IP protocol, or a suc7 cessor protocol, (whether part of a bundle of services 

8 or separately) with interconnection capability such 

9 that the service can originate traffic to, or terminate 

10 traffic from, the public switched telephone network, 

11 or a successor network. 

12 ‘‘SUBCHAPTER B—MAIL FRAUD 

‘‘801. Frauds and swindles. 

‘‘802. Fictitious name or address. 

‘‘803. Fraud by wire, radio, or television. 

‘‘804. Bank fraud. 

‘‘805. Definition of ‘scheme or artifice to defraud’. 

‘‘806. Health care fraud. 

‘‘807. Securities and commodities fraud. 

‘‘808. Failure of corporate officers to certify financial reports. 

13 ‘‘§ 801. Frauds and swindles 

14 ‘‘Whoever, having devised or intending to devise any 

15 scheme or artifice to defraud, or for obtaining money or 

16 property by means of false or fraudulent pretenses, rep17 resentations, or promises, or to sell, dispose of, loan, ex18 change, alter, give away, distribute, supply, or furnish or 

19 procure for unlawful use any counterfeit or spurious coin, 

20 obligation, security, or other article, or anything rep21 resented to be or intimated or held out to be such counterVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00644 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 feit or spurious article, for the purpose of executing such 

2 scheme or artifice or attempting so to do, places in any 

3 post office or authorized depository for mail matter, any 

4 matter or thing whatever to be sent or delivered by the 

5 Postal Service, or deposits or causes to be deposited any 

6 matter or thing whatever to be sent or delivered by any 

7 private or commercial interstate carrier, or takes or re8 ceives therefrom, any such matter or thing, or knowingly 

9 causes to be delivered by mail or such carrier according 

10 to the direction thereon, or at the place at which it is di11 rected to be delivered by the person to whom it is ad12 dressed, any such matter or thing, shall be imprisoned not 

13 more than 20 years. If the violation occurs in relation to, 

14 or involving any benefit authorized, transported, trans15 mitted, transferred, disbursed, or paid in connection with, 

16 a presidentially declared major disaster or emergency (as 

17 those terms are defined in section 102 of the Robert T. 

18 Stafford Disaster Relief and Emergency Assistance Act), 

19 or affects a financial institution, such person shall be im20 prisoned not more than 30 years. 

21 ‘‘§ 802. Fictitious name or address 

22 ‘‘Whoever, for the purpose of conducting, promoting, 

23 or carrying on by means of the Postal Service, any scheme 

24 or device mentioned in section 801 or any other unlawful 

25 business, uses or assumes, or requests to be addressed by, 


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1 any fictitious, false, or assumed title, name, or address 

2 or name other than his own proper name, or takes or re3 ceives from any post office or authorized depository of 

4 mail matter, any letter, postal card, package, or other mail 

5 matter addressed to any such fictitious, false, or assumed 

6 title, name, or address, or name other than his or her own 

7 proper name, shall be imprisoned not more than five years. 

8 ‘‘§ 803. Fraud by wire, radio, or television 

9 ‘‘Whoever, having devised or intending to devise any 

10 scheme or artifice to defraud, or for obtaining money or 

11 property by means of false or fraudulent pretenses, rep12 resentations, or promises, transmits or causes to be trans13 mitted by means of wire, radio, or television communica14 tion in interstate or foreign commerce, any writings, signs, 

15 signals, pictures, or sounds for the purpose of executing 

16 such scheme or artifice, shall be imprisoned not more than 

17 20 years. If the violation occurs in relation to, or involving 

18 any benefit authorized, transported, transmitted, trans19 ferred, disbursed, or paid in connection with, a presi20 dentially declared major disaster or emergency (as those 

21 terms are defined in section 102 of the Robert T. Stafford 

22 Disaster Relief and Emergency Assistance Act), or affects 

23 a financial institution, such person shall be imprisoned not 

24 more than 30 years. 


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1 ‘‘§ 804. Bank fraud 

2 ‘‘Whoever knowingly executes, a scheme or artifice— 

3 ‘‘(1) to defraud a financial institution; or 

4 ‘‘(2) to obtain any of the moneys, funds, cred5 its, assets, securities, or other property owned by, or 

6 under the custody or control of, a financial institu7 tion, by means of false or fraudulent pretenses, rep8 resentations, or promises; 

9 shall be imprisoned not more than 30 years. 

10 ‘‘§ 805. Definition of ‘scheme or artifice to defraud’ 

11 ‘‘For the purposes of this subchapter, the term 

12 ‘scheme or artifice to defraud’ includes a scheme or arti13 fice to deprive another of the intangible right of honest 

14 services. 

15 ‘‘§ 806. Health care fraud 

16 ‘‘Whoever knowingly executes a scheme or artifice— 

17 ‘‘(1) to defraud any health care benefit pro18 gram; or 

19 ‘‘(2) to obtain, by means of false or fraudulent 

20 pretenses, representations, or promises, any of the 

21 money or property owned by, or under the custody 

22 or control of, any health care benefit program, 

23 in connection with the delivery of or payment for health 

24 care benefits, items, or services, shall be fined under this 

25 title or imprisoned not more than 10 years, or both. If 

26 the violation results in serious bodily injury, such person 


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1 shall be imprisoned not more than 20 years, and if the 

2 violation results in death, such person shall be imprisoned 

3 for any term of years or for life. 

4 ‘‘§ 807. Securities and commodities fraud 

5 ‘‘Whoever knowingly executes a scheme or artifice— 

6 ‘‘(1) to defraud any person in connection with 

7 any commodity for future delivery, or any option on 

8 a commodity for future delivery, or any security of 

9 an issuer with a class of securities registered under 

10 section 12 of the Securities Exchange Act of 1934 

11 or that is required to file reports under section 15(d) 

12 of the Securities Exchange Act of 1934; or 

13 ‘‘(2) to obtain, by means of false or fraudulent 

14 pretenses, representations, or promises, any money 

15 or property in connection with the purchase or sale 

16 of any commodity for future delivery, or any option 

17 on a commodity for future delivery, or any security 

18 of an issuer with a class of securities registered 

19 under section 12 of the Securities Exchange Act of 

20 1934 or that is required to file reports under section 

21 15(d) of the Securities Exchange Act of 1934; 

22 shall be imprisoned not more than 25 years. 


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1 ‘‘§ 808. Failure of corporate officers to certify finan2 cial reports 

3 ‘‘(a) CERTIFICATION OF PERIODIC FINANCIAL RE4 PORTS.—Each periodic report containig financial state5 ments filed by an issuer with the Securities Exchange 

6 Commission pursuant to section 13(a) or 15(d) of the Se7 curities Exchange Act of 1934 shall be accompanied by 

8 a written statement by the chief executive officer and chief 

9 financial officer (or equivalent thereof) of the issuer. 

10 ‘‘(b) CONTENT.—The statement required under sub11 section (a) shall certify that the periodic report containing 

12 the financial statements fully complies with the require13 ments of section 13(a) or 15(d) of the Securities Exchange 

14 Act of 1934 and that information contained in the periodic 

15 report fairly presents, in all material respects, the finan16 cial condition and results of operations of the issuer. 

17 ‘‘(c) CRIMINAL PENALTIES.—Whoever knowingly— 

18 ‘‘(1) certifies any statement as set forth in sub19 sections (a) and (b) knowing that the periodic report 

20 accompanying the statement does not comport with 

21 all the requirements set forth in this section shall be 

22 imprisoned not more than 10 years; or 

23 ‘‘(2) certifies any statement as set forth in sub24 sections (a) and (b) knowing that the periodic report 

25 accompanying the statement does not comport with 

26 all the requirements set forth in this section, 


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1 shall be imprisoned not more than 20 years. 

2 ‘‘CHAPTER 27—CRIMES RELATED TO FED3 ERAL GOVERNMENT RESPONSIBIL4 ITIES 

‘‘Subchapter 

‘‘A. Coins and currency 

‘‘B. Customs 

‘‘C. Indians 

‘‘D. Bankruptcy 

‘‘E. Civil rights 

‘‘F. Foreign relations 

‘‘G. Postal service 

‘‘H. Special maritime and territorial jurisdiction of the United States 

5 ‘‘SUBCHAPTER A—COINS AND CURRENCY 

‘‘851. Mutilation, diminution, and falsification of coins. 

‘‘852. Mutilation of national bank obligations. 

6 ‘‘§ 851. Mutilation, diminution, and falsification of 

7 coins 

8 ‘‘Whoever— 

9 ‘‘(1) fraudulently alters, defaces, mutilates, im10 pairs, diminishes, falsifies, scales, or lightens any of 

11 the coins coined at the mints of the United States, 

12 or any foreign coins which are by law made current 

13 or are in actual use or circulation as money within 

14 the United States; or 

15 ‘‘(2) fraudulently possesses, passes, utters, pub16 lishes, or sells, or attempts to pass, utter, publish, 

17 or sell, or brings into the United States, any such 

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1 lated, impaired, diminished, falsified, scaled, or 

2 lightened; 

3 shall be imprisoned not more than five years. 

4 ‘‘§ 852. Mutilation of national bank obligations 

5 ‘‘Whoever mutilates, cuts, defaces, disfigures, or per6 forates, or unites or cements together, or does any other 

7 thing to any bank bill, draft, note, or other evidence of 

8 debt issued by any national banking association, or Fed9 eral Reserve bank, or the Federal Reserve System, with 

10 intent to render such bank bill, draft, note, or other evi11 dence of debt unfit to be reissued, shall be imprisoned not 

12 more than six months. 

13 ‘‘SUBCHAPTER B—CUSTOMS 

‘‘861. Entry of goods falsely classified. 

‘‘862. Entry of goods by means of false statements. 

‘‘863. Smuggling goods into the United States. 

‘‘864. Smuggling goods into foreign countries. 

‘‘865. Removing goods from Customs custody; breaking seals. 

‘‘866. Importation or exportation of stolen motor vehicles, off-highway mobile 

equipment, vessels, or aircraft. 

‘‘867. Smuggling goods from the United States. 

‘‘868. Border tunnels and passages. 

14 ‘‘§ 861. Entry of goods falsely classified 

15 ‘‘Whoever knowingly effects any entry of goods, 

16 wares, or merchandise, at less than the true weight or 

17 measure thereof, or upon a false classification as to quality 

18 or value, or by the payment of less than the amount of 

19 duty legally due, shall be imprisoned not more than two 

20 years. 


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1 ‘‘§ 862. Entry of goods by means of false statements 

2 ‘‘(a) OFFENSE.—Whoever— 

3 ‘‘(1) enters or introduces, or attempts to enter 

4 or introduce, into the commerce of the United States 

5 any imported merchandise by means of any fraudu6 lent or false invoice, declaration, affidavit, letter, 

7 paper, or by means of any false statement, written 

8 or verbal, or by means of any false or fraudulent 

9 practice or appliance, or makes any false statement 

10 in any declaration without reasonable cause to be11 lieve the truth of such statement, or procures the 

12 making of any such false statement as to any matter 

13 material thereto without reasonable cause to believe 

14 the truth of such statement, whether or not the 

15 United States shall or may be deprived of any lawful 

16 duties; or 

17 ‘‘(2) knowingly engages in an act or omission 

18 whereby the United States is or may be deprived of 

19 any lawful duties accruing upon merchandise em20 braced or referred to in such invoice, declaration, af21 fidavit, letter, paper, or statement, or affected by 

22 such act or omission; 

23 shall be imprisoned not more than two years. 

24 ‘‘(b) DEFINITION.—As used in this section, the term 

25 ‘commerce of the United States’ does not include com26 merce with Virgin Islands, American Samoa, Wake Island, 


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1 Midway Islands, Kingman Reef, Johnston Island, or 

2 Guam. 

3 ‘‘§ 863. Smuggling goods into the United States 

4 ‘‘(a) OFFENSE.—Whoever— 

5 ‘‘(1) knowingly and with intent to defraud the 

6 United States, smuggles, or clandestinely introduces 

7 or attempts to smuggle or clandestinely introduce 

8 into the United States any merchandise which 

9 should have been invoiced, or makes out or passes, 

10 or attempts to pass, through the customhouse any 

11 false, forged, or fraudulent invoice, or other docu12 ment or paper; or 

13 ‘‘(2) fraudulently or knowingly imports or 

14 brings into the United States, any merchandise con15 trary to law, or receives, conceals, buys, sells, or in 

16 any manner facilitates the transportation, conceal17 ment, or sale of such merchandise after importation, 

18 knowing the same to have been imported or brought 

19 into the United States contrary to law; 

20 shall be imprisoned not more than 20 years. 

21 ‘‘(b) FORFEITURE.—Merchandise introduced into the 

22 United States in violation of this section, or the value 

23 thereof, to be recovered from any person described in sub24 section (a), shall be forfeited to the United States. 


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1 ‘‘(c) DEFINITION.—The term ‘United States’, as 

2 used in this section, does not include Virgin Islands, 

3 American Samoa, Wake Island, Midway Islands, Kingman 

4 Reef, Johnston Island, or Guam. 

5 ‘‘§ 864. Smuggling goods into foreign countries 

6 ‘‘(a) OFFENSE.—Whoever, owning in whole or in part 

7 any vessel of the United States, employs, or participates 

8 in, or allows the employment of, such vessel for the pur9 pose of smuggling, or attempting to smuggle, or assisting 

10 in smuggling, any merchandise into the territory of any 

11 foreign government in violation of the laws there in force, 

12 if under the laws of such foreign government any penalty 

13 or forfeiture is provided for violation of the laws of the 

14 United States respecting the customs revenue, and any 

15 citizen of, or person domiciled in, or any corporation incor16 porated in, the United States, controlling or substantially 

17 participating in the control of any such vessel, directly or 

18 indirectly, whether through ownership of corporate shares 

19 or otherwise, and allowing the employment of said vessel 

20 for any such purpose, and any person found, or discovered 

21 to have been, on board of any such vessel so employed 

22 and participating or assisting in any such purpose, shall 

23 be imprisoned not more than two years. 

24 ‘‘(b) HIRING OR CHARTERING OF VESSELS.—It shall 

25 constitute an offense under this section to hire out or 


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1 charter a vessel if the lessor or charterer has knowledge 

2 or reasonable grounds for belief that the lessee or person 

3 chartering the vessel intends to employ such vessel for any 

4 of the purposes described in this section and if such vessel 

5 is, during the time such lease or charter is in effect, em6 ployed for any such purpose. 

7 ‘‘§ 865. Removing goods from Customs custody; break8 ing seals 

9 ‘‘Whoever knowingly— 

10 ‘‘(1) without authority, affixes or attaches a 

11 customs seal, fastening, or mark, or any seal, fas12 tening, or mark purporting to be a customs seal, fas13 tening, or mark to any vessel, vehicle, warehouse, or 

14 package; 

15 ‘‘(2) without authority, removes, breaks, in16 jures, or defaces any customs seal or other fastening 

17 or mark placed upon any vessel, vehicle, warehouse, 

18 or package containing merchandise or baggage in 

19 bond or in customs custody; 

20 ‘‘(3) enters any bonded warehouse or any vessel 

21 or vehicle laden with or containing bonded merchan22 dise with intent unlawfully to remove therefrom any 

23 merchandise or baggage therein, or unlawfully re24 moves any merchandise or baggage in such vessel, 


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1 vehicle, or bonded warehouse or otherwise in cus2 toms custody or control; or 

3 ‘‘(4) receives or transports any merchandise or 

4 baggage unlawfully removed from any such vessel, 

5 vehicle, or warehouse, knowing the same to have 

6 been unlawfully removed; 

7 shall be imprisoned not more than 10 years. 

8 ‘‘§ 866. Importation or exportation of stolen motor ve9 hicles, off-highway mobile equipment, 

10 vessels, or aircraft 

11 ‘‘(a) OFFENSE.—Whoever knowingly imports, ex12 ports, or attempts to import or export— 

13 ‘‘(1) any motor vehicle, off-highway mobile 

14 equipment, vessel, aircraft, or part of any motor ve15 hicle, off-highway mobile equipment, vessel, or air16 craft, knowing the same to have been stolen; or 

17 ‘‘(2) any motor vehicle or off-highway mobile 

18 equipment or part of any motor vehicle or off-high19 way mobile equipment, knowing that the identifica20 tion number of such motor vehicle, equipment, or 

21 part has been removed, obliterated, tampered with, 

22 or altered; 

23 shall be imprisoned not more than 10 years. 

24 ‘‘(b) EXCLUSION.—Subsection (a)(2) does not apply 

25 if the removal, obliteration, tampering, or alteration— 


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1 ‘‘(1) is caused by collision or fire; or 

2 ‘‘(2)(A) in the case of a motor vehicle, is not a 

3 violation of section 717 (relating to altering or re4 moving motor vehicle identification numbers); or 

5 ‘‘(B) in the case of off-highway mobile equip6 ment, would not be a violation of section 717 if such 

7 equipment were a motor vehicle. 

8 ‘‘(c) DEFINITIONS.—As used in this section— 

9 ‘‘(1) the term ‘motor vehicle’ has the meaning 

10 given that term in section 32101 of title 49; 

11 ‘‘(2) the term ‘off-highway mobile equipment’ 

12 means any self-propelled agricultural equipment, 

13 self-propelled construction equipment, and self-pro14 pelled special use equipment, used or designed for 

15 running on land but not on rail or highway; 

16 ‘‘(3) the term ‘vessel’ has the meaning given 

17 that term in section 401 of the Tariff Act of 1930; 

18 ‘‘(4) the term ‘aircraft’ has the meaning given 

19 that term in section 40102(a) of title 49; and 

20 ‘‘(5) the term ‘identification number’— 

21 ‘‘(A) in the case of a motor vehicle, has the 

22 meaning given that term in section 717; and 

23 ‘‘(B) in the case of any other vehicle or 

24 equipment covered by this section, means a 

25 number or symbol assigned to the vehicle or 


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1 equipment, or part thereof, by the manufac2 turer primarily for the purpose of identifying 

3 such vehicle, equipment, or part. 

4 ‘‘§ 867. Smuggling goods from the United States 

5 ‘‘(a) OFFENSE.—Whoever fraudulently or knowingly 

6 exports or sends from the United States any merchandise, 

7 article, or object contrary to any law or regulation of the 

8 United States, or receives, conceals, buys, sells, or in any 

9 manner facilitates the transportation, concealment, or sale 

10 of such merchandise, article or object, prior to exportation, 

11 knowing the same to be intended for exportation contrary 

12 to any law or regulation of the United States, shall be 

13 imprisoned not more than 10 years. 

14 ‘‘(b) DEFINITION.—As used in this section, the term 

15 ‘United States’ has the meaning given that term in section 

16 863. 

17 ‘‘§ 868. Border tunnels and passages 

18 ‘‘(a) CONSTRUCTION.—Whoever knowingly con19 structs or finances the construction of a tunnel or sub20 terranean passage that crosses the international border 

21 between the United States and another country, other 

22 than a lawfully authorized tunnel or passage known to the 

23 Secretary of Homeland Security and subject to inspection 

24 by Immigration and Customs Enforcement, shall be im25 prisoned for not more than 20 years. 


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1 ‘‘(b) DISREGARDING CONSTRUCTION.—Whoever 

2 knows or recklessly disregards the construction or use of 

3 a tunnel or passage described in subsection (a) on land 

4 that the person owns or controls shall be imprisoned for 

5 not more than 10 years. 

6 ‘‘(c) USE.— 

7 ‘‘(1) OFFENSE.—Whoever uses a tunnel or pas8 sage described in subsection (a) to unlawfully smug9 gle an alien, goods (in violation of section 863), con10 trolled substances, weapons of mass destruction (in11 cluding biological weapons), or a member of a ter12 rorist organization shall be subject to a maximum 

13 term of imprisonment that is twice the maximum 

14 term of imprisonment that would have otherwise 

15 been applicable had the unlawful activity not made 

16 use of such a tunnel or passage. 

17 ‘‘(2) DEFINITION.—As used in this subsection, 

18 the term ‘terrorist organization’ means an organiza19 tion designated as a terrorist organization under sec20 tion 219 of the Immigration and Nationality Act. 

21 ‘‘SUBCHAPTER C—INDIANS 

‘‘871. Indian country defined. 

‘‘872. Laws governing. 

‘‘873. Offenses committed within Indian country. 

‘‘874. State jurisdiction over offenses committed by or against Indians in the 

Indian country. 

‘‘875. Embezzlement and theft from Indian Tribal organizations. 

‘‘876. Theft from gaming establishments on Indian lands. 

‘‘877. Theft by officers or employees of gaming establishments on Indian lands. 


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‘‘878. Reporting of child abuse. 

‘‘879. Illegal trafficking in Native American human remains and cultural items. 

1 ‘‘§ 871. Indian country defined 

2 ‘‘The term ‘Indian country’, as used in this sub3 chapter, means— 

4 ‘‘(1) all land within the limits of any Indian 

5 reservation under the jurisdiction of the United 

6 States Government, notwithstanding the issuance of 

7 any patent, and, including rights-of-way running 

8 through the reservation; 

9 ‘‘(2) all dependent Indian communities within 

10 the borders of the United States whether within the 

11 original or subsequently acquired territory thereof, 

12 and whether within or without the limits of a State; 

13 and 

14 ‘‘(3) all Indian allotments, the Indian titles to 

15 which have not been extinguished, including rights16 of-way running through the same. 

17 ‘‘§ 872. Laws governing 

18 ‘‘(a) GENERALLY.—Except as otherwise expressly 

19 provided by law, the general laws of the United States as 

20 to the punishment of offenses committed in any place 

21 within the sole and exclusive jurisdiction of the United 

22 States, except the District of Columbia, shall extend to 

23 the Indian country. 


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1 ‘‘(b) LIMITATION.—This section does not extend to 

2 offenses committed by one Indian against the person or 

3 property of another Indian, nor to any Indian committing 

4 any offense in the Indian country who has been punished 

5 by the local law of the tribe, or to any case where, by 

6 treaty stipulations, the exclusive jurisdiction over such of7 fenses is or may be secured to the Indian tribes respec8 tively. 

9 ‘‘§ 873. Offenses committed within Indian country 

10 ‘‘(a) MAJOR CRIMES.—Any Indian who commits 

11 against the person or property of another Indian or other 

12 person any of the following offenses, namely, murder, 

13 manslaughter, kidnapping, maiming, a felony under sub14 chapter A of chapter 13, incest, assault with intent to 

15 commit murder, assault with a dangerous weapon, assault 

16 resulting in serious bodily injury, an assault against an 

17 individual who has not attained the age of 16 years, arson, 

18 burglary, robbery, and a felony under section 649 within 

19 the Indian country, shall be subject to the same law and 

20 penalties as all other persons committing any of the above 

21 offenses, within the exclusive jurisdiction of the United 

22 States. 

23 ‘‘(b) DEFINITION OF CERTAIN OFFENSES.—Any of24 fense referred to in subsection (a) of this section that is 

25 not defined and punished by Federal law in force within 


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•HR 1860 IH

1 the exclusive jurisdiction of the United States shall be de2 fined and punished in accordance with the laws of the 

3 State in which such offense was committed as are in force 

4 at the time of such offense. 

5 ‘‘§ 874. State jurisdiction over offenses committed by 

6 or against Indians in the Indian country 

7 ‘‘(a) IN GENERAL.—Each State listed in the fol8 lowing table shall have jurisdiction over offenses com9 mitted by or against Indians in the areas of Indian coun10 try listed opposite the name of the State to the same ex11 tent that such State has jurisdiction over offenses com12 mitted elsewhere within the State, and the criminal laws 

13 of such State shall have the same force and effect within 

14 such Indian country as they have elsewhere within the 

15 State: 

‘‘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. 

16 ‘‘(b) NON-CRIMINAL MATTERS NOT AFFECTED.— 

17 Nothing in this section— 


PWALKER on DSK7TPTVN1PROD with BILLS
663 

•HR 1860 IH

1 ‘‘(1) authorizes the alienation, encumbrance, or 

2 taxation of any real or personal property, including 

3 water rights, belonging to any Indian or any Indian 

4 tribe, band, or community that is held in trust by 

5 the United States or is subject to a restriction 

6 against alienation imposed by the United States; 

7 ‘‘(2) authorizes regulation of the use of such 

8 property in a manner inconsistent with any Federal 

9 treaty, agreement, or statute or with any regulation 

10 made pursuant thereto; or 

11 ‘‘(3) deprives any Indian or any Indian tribe, 

12 band, or community of any right, privilege, or immu13 nity afforded under Federal treaty, agreement, or 

14 statute with respect to hunting, trapping, or fishing 

15 or the control, licensing, or regulation thereof. 

16 ‘‘(c) NONAPPLICATION.—Sections 872 and 873 do 

17 not apply within the areas of Indian country listed in sub18 section (a) as areas over which a State has exclusive juris19 diction. 

20 ‘‘(d) EXCEPTION.—Notwithstanding subsection (c), 

21 at the request of an Indian tribe, and after consultation 

22 with and consent by the Attorney General— 

23 ‘‘(1) sections 872 and 873 apply in the areas of 

24 the Indian country of the Indian tribe; and 


PWALKER on DSK7TPTVN1PROD with BILLS
664 

•HR 1860 IH

1 ‘‘(2) jurisdiction over those areas shall be con2 current among the Federal Government, State gov3 ernments, and, where applicable, tribal governments. 

4 ‘‘§ 875. Embezzlement and theft from Indian tribal or5 ganizations 

6 ‘‘(a) OFFENSE.—Whoever embezzles, steals, unlaw7 fully converts, knowingly misapplies, or knowingly permits 

8 to be misapplied, any of the property belonging to any In9 dian tribal organization or entrusted to the custody or care 

10 of any officer, employee, or agent of an Indian tribal orga11 nization shall be imprisoned not more than five years; but 

12 if the value of such property does not exceed the sum of 

13 $1,000, shall be imprisoned not more than one year. 

14 ‘‘(b) DEFINITION.—As used in this section, the term 

15 ‘Indian tribal organization’ means any tribe, band, or com16 munity of Indians which is subject to the laws of the 

17 United States relating to Indian affairs or any corpora18 tion, association, or group which is organized under any 

19 of such laws. 

20 ‘‘§ 876. Theft from gaming establishments on Indian 

21 lands 

22 ‘‘Whoever abstracts, purloins, knowingly misapplies, 

23 or takes and carries away with intent to steal, any money, 

24 funds, or other property belonging to a gaming establish25 ment operated by or for or licensed by an Indian tribe 


PWALKER on DSK7TPTVN1PROD with BILLS
665 

•HR 1860 IH

1 pursuant to an ordinance or resolution approved by the 

2 National Indian Gaming Commission shall be imprisoned 

3 for not more than ten years, but if the value of such prop4 erty does not exceed $1,000, shall be imprisoned not more 

5 than one year. 

6 ‘‘§ 877. Theft by officers or employees of gaming es7 tablishments on Indian lands 

8 ‘‘Whoever, being an officer, employee, or individual 

9 licensee of a gaming establishment operated by or for or 

10 licensed by an Indian tribe pursuant to an ordinance or 

11 resolution approved by the National Indian Gaming Com12 mission, embezzles, abstracts, purloins, knowingly 

13 misapplies, or takes and carries away with intent to steal, 

14 any moneys, funds, assets, or other property of such estab15 lishment shall be imprisoned for not more than 20 years, 

16 but if the value of such property is $1,000 or less shall 

17 be imprisoned not more than five years. 

18 ‘‘§ 878. Reporting of child abuse 

19 ‘‘(a) BASIC REPORTING OFFENSE.—Whoever— 

20 ‘‘(1) is a— 

21 ‘‘(A) physician, surgeon, dentist, podia22 trist, chiropractor, nurse, dental hygienist, op23 tometrist, medical examiner, emergency medical 

24 technician, paramedic, or health care provider, 


PWALKER on DSK7TPTVN1PROD with BILLS
666 

•HR 1860 IH

1 ‘‘(B) teacher, school counselor, instruc2 tional aide, teacher’s aide, teacher’s assistant, 

3 or bus driver employed by any tribal, Federal, 

4 public or private school, 

5 ‘‘(C) administrative officer, supervisor of 

6 child welfare and attendance, or truancy officer 

7 of any tribal, Federal, public or private school, 

8 ‘‘(D) child day care worker, headstart 

9 teacher, public assistance worker, worker in a 

10 group home or residential or day care facility, 

11 or social worker, 

12 ‘‘(E) psychiatrist, psychologist, or psycho13 logical assistant, 

14 ‘‘(F) licensed or unlicensed marriage, fam15 ily, or child counselor, 

16 ‘‘(G) person employed in the mental health 

17 profession, or 

18 ‘‘(H) law enforcement officer, probation of19 ficer, worker in a juvenile rehabilitation or de20 tention facility, or person employed in a public 

21 agency who is responsible for enforcing statutes 

22 and judicial orders; 

23 ‘‘(2) knows, or has reasonable suspicion, that— 

24 ‘‘(A) a child was abused in Indian country, 

25 or 


PWALKER on DSK7TPTVN1PROD with BILLS
667 

•HR 1860 IH

1 ‘‘(B) actions are being taken, or are going 

2 to be taken, that would reasonably be expected 

3 to result in abuse of a child in Indian country; 

4 and 

5 ‘‘(3) fails to immediately report such abuse or 

6 actions described in paragraph (2) to the local child 

7 protective services agency or local law enforcement 

8 agency, 

9 shall be imprisoned for not more than 6 months. 

10 ‘‘(b) OFFENSE BY SUPERVISORS.—Whoever— 

11 ‘‘(1) supervises, or has authority over, a person 

12 described in subsection (a)(1), and 

13 ‘‘(2) inhibits or prevents that person from mak14 ing the report described in subsection (a), 

15 shall be imprisoned for not more than 6 months. 

16 ‘‘(c) DEFINITIONS.—As used in this section— 

17 ‘‘(1) the term ‘abuse’ includes— 

18 ‘‘(A) any case in which— 

19 ‘‘(i) a child is dead or exhibits evi20 dence of skin bruising, bleeding, malnutri21 tion, failure to thrive, burns, fracture of 

22 any bone, subdural hematoma, soft tissue 

23 swelling, and 


PWALKER on DSK7TPTVN1PROD with BILLS
668 

•HR 1860 IH

1 ‘‘(ii) such condition is not justifiably 

2 explained or may not be the product of an 

3 accidental occurrence; and 

4 ‘‘(B) any case in which a child is subjected 

5 to sexual assault, sexual molestation, sexual ex6 ploitation, sexual contact, or prostitution; 

7 ‘‘(2) the term ‘child’ means an individual who— 

8 ‘‘(A) is not married, and 

9 ‘‘(B) has not attained 18 years of age; 

10 ‘‘(3) the term ‘local child protective services 

11 agency’ means that agency of the Federal Govern12 ment, of a State, or of an Indian tribe that has the 

13 primary responsibility for child protection on any In14 dian reservation or within any community in Indian 

15 country; and 

16 ‘‘(4) the term ‘local law enforcement agency’ 

17 means that Federal, tribal, or State law enforcement 

18 agency that has the primary responsibility for the 

19 investigation of an instance of alleged child abuse 

20 within the portion of Indian country involved. 

21 ‘‘(d) IMMUNITY FROM CIVIL OR CRIMINAL LIABILITY

22 FOR REPORTING.—Any person making a report described 

23 in subsection (a) which is based upon their reasonable be24 lief and which is made in good faith shall be immune from 

25 civil or criminal liability for making that report. 


PWALKER on DSK7TPTVN1PROD with BILLS
669 

•HR 1860 IH

1 ‘‘§ 879. Illegal trafficking in Native American human 

2 remains and cultural items 

3 ‘‘(a) HUMAN REMAINS.—Whoever knowingly sells, 

4 purchases, uses for profit, or transports for sale or profit, 

5 the human remains of a Native American without the 

6 right of possession to those remains as provided in the 

7 Native American Graves Protection and Repatriation Act 

8 shall be imprisoned not more than 12 months, and in the 

9 case of a second or subsequent violation, be imprisoned 

10 not more than 5 years. 

11 ‘‘(b) CULTURAL ITEMS.—Whoever knowingly sells, 

12 purchases, uses for profit, or transports for sale or profit 

13 any Native American cultural items obtained in violation 

14 of the Native American Grave Protection and Repatriation 

15 Act shall be imprisoned not more than one year, and in 

16 the case of a second or subsequent violation, be imprisoned 

17 not more than 5 years. 

18 ‘‘SUBCHAPTER D—BANKRUPTCY 

‘‘881. Concealment of assets; false oaths and claims; bribery. 

‘‘882. Embezzlement against estate. 

‘‘883. Adverse interest and conduct of officers. 

‘‘884. Fee agreements in cases under title 11 and receiverships. 

‘‘885. Bankruptcy fraud. 

‘‘886. Definition. 

19 ‘‘§ 881. Concealment of assets; false oaths and claims; 

20 bribery 

21 ‘‘Whoever— 


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670 

•HR 1860 IH

1 ‘‘(1) knowingly conceals from a custodian, 

2 trustee, marshal, or other officer of the court 

3 charged with the control or custody of property, or, 

4 in connection with a case under title 11, from credi5 tors or the United States Trustee, any property be6 longing to the estate of a debtor; 

7 ‘‘(2) knowingly makes a false oath or account 

8 in or in relation to any case under title 11; 

9 ‘‘(3) knowingly makes a false declaration, cer10 tificate, verification, or statement under penalty of 

11 perjury as permitted under section 1746 of title 28, 

12 in or in relation to any case under title 11; 

13 ‘‘(4) knowingly presents any false claim for 

14 proof against the estate of a debtor, or uses any 

15 such claim in any case under title 11, in a personal 

16 capacity or as or through an agent, proxy, or attor17 ney; 

18 ‘‘(5) knowingly receives any material amount of 

19 property from a debtor after the filing of a case 

20 under title 11, with intent to defeat the provisions 

21 of title 11; 

22 ‘‘(6) knowingly and corruptly gives, offers, re23 ceives, or attempts to obtain any money or property, 

24 remuneration, compensation, reward, advantage, or 


PWALKER on DSK7TPTVN1PROD with BILLS
671 

•HR 1860 IH

1 promise thereof for acting or forbearing to act in 

2 any case under title 11; 

3 ‘‘(7) in a personal capacity or as an agent or 

4 officer of any person or corporation, in contempla5 tion of a case under title 11 by or against the person 

6 or any other person or corporation, or with intent to 

7 defeat the provisions of title 11, knowingly transfers 

8 or conceals any of his property or the property of 

9 such other person or corporation; 

10 ‘‘(8) after the filing of a case under title 11 or 

11 in contemplation thereof, knowingly conceals, de12 stroys, mutilates, falsifies, or makes a false entry in 

13 any recorded information (including books, docu14 ments, records, and papers) relating to the property 

15 or financial affairs of a debtor; or 

16 ‘‘(9) after the filing of a case under title 11, 

17 knowingly withholds from a custodian, trustee, mar18 shal, or other officer of the court or a United States 

19 Trustee entitled to its possession, any recorded in20 formation (including books, documents, records, and 

21 papers) relating to the property or financial affairs 

22 of a debtor, 

23 shall be imprisoned not more than 5 years. 


PWALKER on DSK7TPTVN1PROD with BILLS
672 

•HR 1860 IH

1 ‘‘§ 882. Embezzlement against estate 

2 ‘‘(a) OFFENSE.—Whoever, being described in sub3 section (b), knowingly and unlawfully appropriates to the 

4 person’s own use, embezzles, spends, or transfers any 

5 property or secretes or destroys any document belonging 

6 to the estate of a debtor shall be imprisoned not more than 

7 5 years. 

8 ‘‘(b) PERSON TO WHOM SECTION APPLIES.—A per9 son described in this subsection is one who has access to 

10 property or documents belonging to an estate by virtue 

11 of the person’s participation in the administration of the 

12 estate as a trustee, custodian, marshal, attorney, or other 

13 officer of the court or as an agent, employee, or other per14 son engaged by such an officer to perform a service with 

15 respect to the estate. 

16 ‘‘§ 883. Adverse interest and conduct of officers 

17 ‘‘Whoever, being a custodian, trustee, marshal, or 

18 other officer of the court— 

19 ‘‘(1) knowingly purchases any property of the 

20 estate of which the person is such an officer in a 

21 case under title 11; 

22 ‘‘(2) knowingly refuses to permit a reasonable 

23 opportunity for the inspection by parties in interest 

24 of the documents and accounts relating to the af25 fairs of estates in the person’s charge by parties 

26 when directed by the court to do so; or 


PWALKER on DSK7TPTVN1PROD with BILLS
673 

•HR 1860 IH

1 ‘‘(3) knowingly refuses to permit a reasonable 

2 opportunity for the inspection by the United States 

3 Trustee of the documents and accounts relating to 

4 the affairs of an estate in the person’s charge, 

5 shall be fined under this title and shall forfeit the person’s 

6 office, which shall thereupon become vacant. 

7 ‘‘§ 884. Fee agreements in cases under title 11 and re8 ceiverships 

9 ‘‘Whoever, being a party in interest, whether as a 

10 debtor, creditor, receiver, trustee or representative of any 

11 of them, or attorney for any such party in interest, in any 

12 receivership or case under title 11 in any United States 

13 court or under its supervision, knowingly and corruptly en14 ters into any agreement, express or implied, with another 

15 such party in interest or attorney for another such party 

16 in interest, for the purpose of fixing the fees or other com17 pensation to be paid to any party in interest or to any 

18 attorney for any party in interest for services rendered in 

19 connection therewith, from the assets of the estate, shall 

20 be imprisoned not more than one year. 

21 ‘‘§ 885. Bankruptcy fraud 

22 ‘‘Whoever for the purpose of executing or concealing 

23 a scheme or artifice to defraud— 


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•HR 1860 IH

1 ‘‘(1) files a petition under title 11, including a 

2 fraudulent involuntary petition under section 303 of 

3 such title; 

4 ‘‘(2) files a document in a proceeding under 

5 title 11; or 

6 ‘‘(3) makes a false or fraudulent representation, 

7 claim, or promise concerning or in relation to a pro8 ceeding under title 11, at any time before or after 

9 the filing of the petition, or in relation to a pro10 ceeding falsely asserted to be pending under such 

11 title, 

12 shall be imprisoned not more than 5 years. 

13 ‘‘§ 886. Definition 

14 ‘‘As used in this subchapter, the term ‘debtor’ means 

15 a debtor concerning whom a petition has been filed under 

16 title 11. 

17 ‘‘SUBCHAPTER E—CIVIL RIGHTS 

‘‘891. Conspiracy against rights. 

‘‘892. Deprivation of rights under color of law. 

‘‘893. Exclusion of jurors on account of race or color. 

‘‘894. Discrimination against person wearing uniform of Armed Forces. 

‘‘895. Federally protected activities. 

‘‘896. Deprivation of relief benefits. 

‘‘897. Damage to religious property; obstruction of persons in the free exercise 

of religious beliefs. 

‘‘898. Freedom of access to clinic entrances. 

‘‘899. Voting Rights Act violations. 

‘‘900. Prevention of intimidation in fair housing cases. 

‘‘901. Hate crime acts. 

18 ‘‘§ 891. Conspiracy against rights 

19 ‘‘If two or more persons— 


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•HR 1860 IH

1 ‘‘(1) conspire to injure, oppress, threaten, or in2 timidate any person in any State in the free exercise 

3 or enjoyment of any right or privilege secured to 

4 that person by the Constitution or laws of the 

5 United States, or because of that person’s having so 

6 exercised the same; or 

7 ‘‘(2) go in disguise on the highway, or on the 

8 premises of another, with intent to prevent or hinder 

9 that other’s free exercise or enjoyment of any right 

10 or privilege so secured; 

11 each shall be imprisoned not more than ten years; and 

12 if death results from the acts committed in violation of 

13 this section or if such acts include kidnapping or an at14 tempt to kidnap, aggravated sexual abuse or an attempt 

15 to commit aggravated sexual abuse, or an attempt to kill, 

16 each shall be imprisoned for any term of years or for life, 

17 or may be sentenced to death. 

18 ‘‘§ 892. Deprivation of rights under color of law 

19 ‘‘Whoever, under color of any law, statute, ordinance, 

20 regulation, or custom, knowingly subjects any person in 

21 any State to the deprivation of any rights, privileges, or 

22 immunities secured or protected by the Constitution or 

23 laws of the United States, or to different punishments, 

24 pains, or penalties, on account of such person being an 

25 alien, or by reason of his color, or race, than are preVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00675 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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•HR 1860 IH

1 scribed for the punishment of citizens, shall be imprisoned 

2 not more than one year; and if bodily injury results from 

3 the acts committed in violation of this section or if such 

4 acts include the use, attempted use, or threatened use of 

5 a dangerous weapon, explosives, or fire, shall be impris6 oned not more than ten years; and if death results from 

7 the acts committed in violation of this section or if such 

8 acts include kidnapping or an attempt to kidnap, aggra9 vated sexual abuse, or an attempt to commit aggravated 

10 sexual abuse, or an attempt to kill, shall be imprisoned 

11 for any term of years or for life, or may be sentenced to 

12 death. 

13 ‘‘§ 893. Exclusion of jurors on account of race or color 

14 ‘‘No citizen possessing all other qualifications which 

15 are or may be prescribed by law shall be disqualified for 

16 service as grand or petit juror in any court of the United 

17 States, or of any State on account of race, color, or pre18 vious condition of servitude; and whoever, being an officer 

19 or other person charged with any duty in the selection or 

20 summoning of jurors, excludes or fails to summon any cit21 izen for such cause, shall be fined not more than $5,000. 

22 ‘‘§ 894. Discrimination against person wearing uni23 form of Armed Forces 

24 ‘‘Whoever, being a proprietor, manager, or employee 

25 of a theater or other public place of entertainment or 


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•HR 1860 IH

1 amusement in the District of Columbia, or in any terri2 tory, or possession of the United States, causes any person 

3 wearing the uniform of any of the armed forces of the 

4 United States to be discriminated against because of that 

5 uniform, shall be fined under this title. 

6 ‘‘§ 895. Federally protected activities 

7 ‘‘(a) CONSTRUCTION.— 

8 ‘‘(1) Nothing in this section shall be construed 

9 as indicating an intent on the part of Congress to 

10 prevent any State, any possession or Commonwealth 

11 of the United States, or the District of Columbia, 

12 from exercising jurisdiction over any offense over 

13 which it would have jurisdiction in the absence of 

14 this section, nor shall anything in this section be 

15 construed as depriving State and local law enforce16 ment authorities of responsibility for prosecuting 

17 acts that may be violations of this section and that 

18 are violations of State and local law. No prosecution 

19 of any offense described in this section shall be un20 dertaken by the United States except upon the cer21 tification in writing of the Attorney General, the 

22 Deputy Attorney General, the Associate Attorney 

23 General, or any Assistant Attorney General specially 

24 designated by the Attorney General that in his judg25 ment a prosecution by the United States is in the 


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•HR 1860 IH

1 public interest and necessary to secure substantial 

2 justice, which function of certification may not be 

3 delegated. 

4 ‘‘(2) Nothing in this subsection shall be con5 strued to limit the authority of Federal officers, or 

6 a Federal grand jury, to investigate possible viola7 tions of this section. 

8 ‘‘(b) OFFENSE.—Whoever, by force or threat of force, 

9 knowingly injures, intimidates, or interferes with— 

10 ‘‘(1) any person because he is or has been, or 

11 in order to intimidate such person or any other per12 son or any class of persons from— 

13 ‘‘(A) voting or qualifying to vote, quali14 fying or campaigning as a candidate for elective 

15 office, or qualifying or acting as a poll watcher, 

16 or any legally authorized election official, in any 

17 primary, special, or general election; 

18 ‘‘(B) participating in or enjoying any ben19 efit, service, privilege, program, facility, or ac20 tivity provided or administered by the United 

21 States; 

22 ‘‘(C) applying for or enjoying employment, 

23 or any perquisite thereof, by any agency of the 

24 United States; 


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•HR 1860 IH

1 ‘‘(D) serving, or attending upon any court 

2 in connection with possible service, as a grand 

3 or petit juror in any court of the United States; 

4 or 

5 ‘‘(E) participating in or enjoying the bene6 fits of any program or activity receiving Federal 

7 financial assistance; 

8 ‘‘(2) any person because of his race, color, reli9 gion or national origin and because he is or has 

10 been— 

11 ‘‘(A) enrolling in or attending any public 

12 school or public college; 

13 ‘‘(B) participating in or enjoying any ben14 efit service, privilege, program, facility or activ15 ity provided or administered by any State or 

16 subdivision thereof; 

17 ‘‘(C) applying for or enjoying employment, 

18 or any perquisite thereof, by any private em19 ployer or any agency of any State or subdivision 

20 thereof, or joining or using the services or ad21 vantages of any labor organization, hiring hall, 

22 or employment agency; 

23 ‘‘(D) serving, or attending upon any court 

24 of any State in connection with possible service, 

25 as a grand or petit juror; 


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•HR 1860 IH

1 ‘‘(E) traveling in or using any facility of 

2 interstate commerce, or using any vehicle, ter3 minal, or facility of any common carrier by 

4 motor, rail, water, or air; 

5 ‘‘(F) enjoying the goods, services, facilities, 

6 privileges, advantages, or accommodations of 

7 any inn, hotel, motel, or other establishment 

8 which provides lodging to transient guests, or of 

9 any restaurant, cafeteria, lunchroom, lunch 

10 counter, soda fountain, or other facility which 

11 serves the public and which is principally en12 gaged in selling food or beverages for consump13 tion on the premises, or of any gasoline station, 

14 or of any motion picture house, theater, concert 

15 hall, sports arena, stadium, or any other place 

16 of exhibition or entertainment which serves the 

17 public, or of any other establishment which 

18 serves the public and— 

19 ‘‘(i) which is located within the prem20 ises of any of the aforesaid establishments 

21 or within the premises of which is phys22 ically located any of the aforesaid estab23 lishments; and 

24 ‘‘(ii) which holds itself out as serving 

25 patrons of such establishments; 


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•HR 1860 IH

1 ‘‘(3) during or incident to a riot or civil dis2 order, any person engaged in a business in com3 merce or affecting commerce, including, but not lim4 ited to, any person engaged in a business which sells 

5 or offers for sale to interstate travelers a substantial 

6 portion of the articles, commodities, or services 

7 which it sells or where a substantial portion of the 

8 articles or commodities which it sells or offers for 

9 sale have moved in commerce; or 

10 ‘‘(4) any person because that person is or has 

11 been, or in order to intimidate such person or any 

12 other person or any class of persons from— 

13 ‘‘(A) participating, without discrimination 

14 on account of race, color, religion or national 

15 origin, in any of the benefits or activities de16 scribed in subparagraphs (1)(A) through (1)(E) 

17 or subparagraphs (2)(A) through (2)(F); or 

18 ‘‘(B) affording another person or class of 

19 persons opportunity or protection to so partici20 pate; or 

21 ‘‘(5) any citizen because that person is or has 

22 been, or in order to intimidate such citizen or any 

23 other citizen from lawfully aiding or encouraging 

24 other persons to participate, without discrimination 

25 on account of race, color, religion or national origin, 


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•HR 1860 IH

1 in any of the benefits or activities described in sub2 paragraphs (1)(A) through (1)(E) or subparagraphs 

3 (2)(A) through (2)(F), or participating lawfully in 

4 speech or peaceful assembly opposing any denial of 

5 the opportunity to so participate, 

6 shall be imprisoned not more than one year; and if bodily 

7 injury results from the acts committed in violation of this 

8 section or if such acts include the use, attempted use, or 

9 threatened use of a dangerous weapon, explosives, or fire, 

10 shall be imprisoned not more than ten years; and if death 

11 results from the acts committed in violation of this section 

12 or if such acts include kidnapping or an attempt to kid13 nap, aggravated sexual abuse or an attempt to commit ag14 gravated sexual abuse, or an attempt to kill, shall be im15 prisoned for any term of years or for life or may be sen16 tenced to death. 

17 ‘‘(c) DEFINITION.—As used in this section, the term 

18 ‘participating lawfully in speech or peaceful assembly’ 

19 shall not mean the aiding, abetting, or inciting of other 

20 persons to riot or to commit any act of physical violence 

21 upon any individual or against any real or personal prop22 erty in furtherance of a riot. Nothing in subparagraph 

23 (2)(F) or (4)(A) of this subsection applies to the propri24 etor of any establishment which provides lodging to tran25 sient guests, or to any employee acting on behalf of such 


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•HR 1860 IH

1 proprietor, with respect to the enjoyment of the goods, 

2 services, facilities, privileges, advantages, or accommoda3 tions of such establishment if such establishment is lo4 cated within a building which contains not more than five 

5 rooms for rent or hire and which is actually occupied by 

6 the proprietor as the proprietor’s residence. 

7 ‘‘(d) LAW ENFORCEMENT DUTIES NOT AF8 FECTED.—Nothing in this section shall be construed so 

9 as to deter any law enforcement officer from lawfully car10 rying out the duties of his office; and no law enforcement 

11 officer shall be considered to be in violation of this section 

12 for lawfully carrying out the duties of his office or lawfully 

13 enforcing ordinances and laws of the United States, the 

14 District of Columbia, any of the several States, or any po15 litical subdivision of a State. For purposes of the pre16 ceding sentence, the term ‘law enforcement officer’ means 

17 any officer of the United States, the District of Columbia, 

18 a State, or political subdivision of a State, who is empow19 ered by law to conduct investigations of, or make arrests 

20 because of, offenses against the United States, the District 

21 of Columbia, a State, or a political subdivision of a State. 

22 ‘‘§ 896. Deprivation of relief benefits 

23 ‘‘Whoever directly or indirectly deprives, attempts to 

24 deprive, or threatens to deprive any person of any employ25 ment, position, work, compensation, or other benefit proVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00683 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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•HR 1860 IH

1 vided for or made possible in whole or in part by any Act 

2 of Congress appropriating funds for work relief or relief 

3 purposes, on account of political affiliation, race, color, 

4 sex, religion, or national origin, shall be imprisoned not 

5 more than one year. 

6 ‘‘§ 897. Damage to religious property; obstruction of 

7 persons in the free exercise of religious 

8 beliefs 

9 ‘‘(a) RELIGIOUS PROPERTY OFFENSE RELATING TO

10 RELIGIOUS CHARACTER.—Whoever, in or affecting inter11 state or foreign commerce— 

12 ‘‘(1) knowingly defaces, damages, or destroys 

13 any religious real property, because of the religious 

14 character of that property; or 

15 ‘‘(2) knowingly obstructs, by force or threat of 

16 force, any person in the enjoyment of that person’s 

17 free exercise of religious beliefs; 

18 shall be punished as provided in subsection (c). 

19 ‘‘(b) PROPERTY OFFENSE MOTIVATED BY RACIAL

20 AND OTHER CHARACTERISTICS.—Whoever knowingly de21 faces, damages, or destroys any religious real property be22 cause of the race, color, or ethnic characteristics of any 

23 individual associated with that religious property, shall be 

24 punished as provided in subsection (c). 


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1 ‘‘(c) PUNISHMENT.—The punishment for a violation 

2 of subsection (a) is— 

3 ‘‘(1) if death results from acts committed in 

4 violation of this section or if such acts include kid5 napping or an attempt to kidnap, aggravated sexual 

6 abuse or an attempt to commit aggravated sexual 

7 abuse, or an attempt to kill, imprisonment for any 

8 term of years or for life, or death; 

9 ‘‘(2) if bodily injury results to any person, in10 cluding any public safety officer performing duties 

11 as a direct or proximate result of conduct prohibited 

12 by this section, and the violation is by means of fire 

13 or an explosive, or imprisonment for more that 40 

14 years; 

15 ‘‘(3) if bodily injury to any person, including 

16 any public safety officer performing duties as a di17 rect or proximate result of conduct prohibited by 

18 this section, results from the acts committed in vio19 lation of this section or if such acts include the use, 

20 attempted use, or threatened use of a dangerous 

21 weapon, explosives, or fire, imprisonment for not 

22 more than 20 years; and 

23 ‘‘(4) in any other case, imprisonment for not 

24 more than one year. 


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1 ‘‘(d) CERTIFICATION.—No prosecution of any offense 

2 described in this section shall be undertaken by the United 

3 States except upon the certification in writing of the At4 torney General or his designee that in his judgment a 

5 prosecution by the United States is in the public interest 

6 and necessary to secure substantial justice. 

7 ‘‘(e) DEFINITION.—As used in this section, the term 

8 ‘religious real property’ means any church, synagogue, 

9 mosque, religious cemetery, or other religious real prop10 erty, including fixtures or religious objects contained with11 in a place of religious worship. 

12 ‘‘(f) LIMITATION.—No person shall be prosecuted, 

13 tried, or punished for any noncapital offense under this 

14 section unless the indictment is found or the information 

15 is instituted not later than 7 years after the date on which 

16 the offense was committed. 

17 ‘‘§ 898. Freedom of access to clinic entrances 

18 ‘‘(a) PROHIBITED ACTIVITIES.—Whoever— 

19 ‘‘(1) by force or threat of force or by physical 

20 obstruction, knowingly injures, intimidates or inter21 feres with any person because that person is or has 

22 been, or in order to intimidate such person or any 

23 other person or any class of persons from, obtaining 

24 or providing reproductive health services; 


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1 ‘‘(2) by force or threat of force or by physical 

2 obstruction, knowingly injures, intimidates or inter3 feres with any person lawfully exercising or seeking 

4 to exercise the First Amendment right of religious 

5 freedom at a place of religious worship; or 

6 ‘‘(3) knowingly damages or destroys the prop7 erty of a facility, or attempts to do so, because such 

8 facility provides reproductive health services, or 

9 knowingly damages or destroys the property of a 

10 place of religious worship, 

11 shall be subject to the penalties provided in subsection (b) 

12 and the civil remedies provided in subsection (c), except 

13 that a parent or legal guardian of a child shall not be sub14 ject to any penalties or civil remedies under this section 

15 for such activities insofar as they are directed exclusively 

16 at that child. 

17 ‘‘(b) PENALTIES.—Whoever violates this section 

18 shall— 

19 ‘‘(1) in the case of a first offense, be impris20 oned not more than one year; and 

21 ‘‘(2) in the case of a second or subsequent of22 fense after a prior conviction under this section, be 

23 imprisoned not more than 3 years; 

24 except that for an offense involving exclusively a non25 violent physical obstruction, the fine shall, notwithVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00687 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 standing section 3571, not be more than $10,000 and the 

2 length of imprisonment shall be not more than six months, 

3 or both, for the first offense; and the fine shall, notwith4 standing section 3571, be not more than $25,000 and the 

5 length of imprisonment shall be not more than 18 months, 

6 or both, for a subsequent offense; and except that if bodily 

7 injury results, the length of imprisonment shall be not 

8 more than 10 years, and if death results, it shall be for 

9 any term of years or for life. 

10 ‘‘(c) CIVIL REMEDIES.— 

11 ‘‘(1) RIGHT OF ACTION.— 

12 ‘‘(A) IN GENERAL.—Any person aggrieved 

13 by reason of the conduct prohibited by sub14 section (a) may commence a civil action for the 

15 relief set forth in subparagraph (B), except that 

16 such an action may be brought under sub17 section (a)(1) only by a person involved in pro18 viding or seeking to provide, or obtaining or 

19 seeking to obtain, services in a facility that pro20 vides reproductive health services, and such an 

21 action may be brought under subsection (a)(2) 

22 only by a person lawfully exercising or seeking 

23 to exercise the First Amendment right of reli24 gious freedom at a place of religious worship or 


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1 by the entity that owns or operates such place 

2 of religious worship. 

3 ‘‘(B) RELIEF.—In any action under sub4 paragraph (A), the court may award appro5 priate relief, including temporary, preliminary 

6 or permanent injunctive relief and compen7 satory and punitive damages, as well as the 

8 costs of suit and reasonable fees for attorneys 

9 and expert witnesses. With respect to compen10 satory damages, the plaintiff may elect, at any 

11 time prior to the rendering of final judgment, 

12 to recover, in lieu of actual damages, an award 

13 of statutory damages in the amount of $5,000 

14 per violation. 

15 ‘‘(2) ACTION BY ATTORNEY GENERAL OF THE

16 UNITED STATES.— 

17 ‘‘(A) IN GENERAL.—If the Attorney Gen18 eral of the United States has reasonable cause 

19 to believe that any person or group of persons 

20 is being, has been, or may be injured by con21 duct constituting a violation of this section, the 

22 Attorney General may commence a civil action 

23 in any appropriate United States District 

24 Court. 


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1 ‘‘(B) RELIEF.—In any action under sub2 paragraph (A), the court may award appro3 priate relief, including temporary, preliminary 

4 or permanent injunctive relief, and compen5 satory damages to persons aggrieved as de6 scribed in paragraph (1)(B). The court, to vin7 dicate the public interest, may also assess a 

8 civil penalty against each respondent— 

9 ‘‘(i) in an amount not exceeding 

10 $10,000 for a nonviolent physical obstruc11 tion and $15,000 for other first violations; 

12 and 

13 ‘‘(ii) in an amount not exceeding 

14 $15,000 for a nonviolent physical obstruc15 tion and $25,000 for any other subsequent 

16 violation. 

17 ‘‘(3) ACTIONS BY STATE ATTORNEYS GEN18 ERAL.— 

19 ‘‘(A) IN GENERAL.—If the Attorney Gen20 eral of a State has reasonable cause to believe 

21 that any person or group of persons is being, 

22 has been, or may be injured by conduct consti23 tuting a violation of this section, such Attorney 

24 General may commence a civil action in the 

25 name of such State, as parens patriae on behalf 


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1 of natural persons residing in such State, in 

2 any appropriate United States District Court. 

3 ‘‘(B) RELIEF.—In any action under sub4 paragraph (A), the court may award appro5 priate relief, including temporary, preliminary 

6 or permanent injunctive relief, compensatory 

7 damages, and civil penalties as described in 

8 paragraph (2)(B). 

9 ‘‘(d) RULES OF CONSTRUCTION.—Nothing in this 

10 section shall be construed— 

11 ‘‘(1) to prohibit any expressive conduct (includ12 ing peaceful picketing or other peaceful demonstra13 tion) protected from legal prohibition by the First 

14 Amendment to the Constitution; or 

15 ‘‘(2) to create new remedies for interference 

16 with activities protected by the free speech or free 

17 exercise clauses of the First Amendment to the Con18 stitution, occurring outside a facility, regardless of 

19 the point of view expressed, or to limit any existing 

20 legal remedies for such interference. 

21 ‘‘(e) DEFINITIONS.—As used in this section— 

22 ‘‘(1) the term ‘facility’ includes a hospital, clin23 ic, physician’s office, or other facility that provides 

24 reproductive health services, and includes the build25 ing or structure in which the facility is located; 


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1 ‘‘(2) the term ‘interfere with’ means to restrict 

2 a person’s freedom of movement; 

3 ‘‘(3) the term ‘intimidate’ means to place a per4 son in reasonable apprehension of bodily harm to 

5 him-or herself or to another; 

6 ‘‘(4) the term ‘physical obstruction’ means ren7 dering impassable ingress to or egress from a facility 

8 that provides reproductive health services or to or 

9 from a place of religious worship, or rendering pas10 sage to or from such a facility or place of religious 

11 worship unreasonably difficult or hazardous; and 

12 ‘‘(5) the term ‘reproductive health services’ 

13 means reproductive health services provided in a 

14 hospital, clinic, physician’s office, or other facility, 

15 and includes medical, surgical, counseling or referral 

16 services relating to the human reproductive system, 

17 including services relating to pregnancy or the termi18 nation of a pregnancy. 

19 ‘‘§ 899. Voting Rights Act violations 

20 ‘‘(a) DEPRIVATION OF RIGHTS.—Whoever deprives 

21 any person of any right secured by section 2, 3, 4, 5, 7, 

22 or 10 of the Voting Rights Act of 1965 or violates section 

23 11(a) of such Act, shall be imprisoned not more than five 

24 years. 


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1 ‘‘(b) BALLOTS AND RECORDS OF VOTING.—Whoever, 

2 within a year following an election in a political subdivision 

3 in which an examiner has been appointed under the Voting 

4 Rights Act of 1965— 

5 ‘‘(1) destroys, defaces, mutilates, or otherwise 

6 alters the marking of a paper ballot which has been 

7 cast in such election; or 

8 ‘‘(2) alters any official record of voting in such 

9 election tabulated from a voting machine or other10 wise; 

11 shall be imprisoned not more than five years. 

12 ‘‘(c) INTERFERENCE WITH RIGHTS.—Whoever inter13 feres with any right secured by section 2, 3, 4, 5, 7, 10, 

14 or 11(a) of the Voting Rights Act of 1965 shall be impris15 oned not more than five years. 

16 ‘‘§ 900. Prevention of intimidation in fair housing 

17 cases 

18 ‘‘Whoever by force or threat of force willfully injures, 

19 intimidates or interferes with— 

20 ‘‘(1) any person because of that person’s race, 

21 color, religion, sex, handicap (as such term is de22 fined in section 802 of the Fair Housing Act), famil23 ial status (as such term is defined in section 802 of 

24 that Act), or national origin and because that person 

25 is or has been selling, purchasing, renting, financing, 


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1 occupying, or contracting or negotiating for the sale, 

2 purchase, rental, financing or occupation of any 

3 dwelling, or applying for or participating in any 

4 service, organization, or facility relating to the busi5 ness of selling or renting dwellings; or 

6 ‘‘(2) any person because that person is or has 

7 been, or in order to intimidate such person or any 

8 other person or any class of persons from— 

9 ‘‘(A) participating, without discrimination 

10 on account of race, color, religion, sex, handicap 

11 (as such term is defined in section 802 of the 

12 Fair Housing Act), familial status (as such 

13 term is defined in section 802 of that Act), or 

14 national origin, in any of the activities, services, 

15 organizations or facilities described in para16 graph (1); 

17 ‘‘(B) affording another person or class of 

18 persons opportunity or protection so to partici19 pate; or 

20 ‘‘(C) any citizen because that citizen is or 

21 has been, or in order to discourage such citizen 

22 or any other citizen from lawfully aiding or en23 couraging other persons to participate, without 

24 discrimination on account of race, color, reli25 gion, sex, handicap (as such term is defined in 


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1 section 802 of the Fair Housing Act), familial 

2 status (as such term is defined in section 802 

3 of that Act), or national origin, in any of the 

4 activities, services, organizations or facilities de5 scribed in paragraph (1), or participating law6 fully in speech or peaceful assembly opposing 

7 any denial of the opportunity to so participate; 

8 shall be imprisoned not more than one year; and if bodily 

9 injury results from the acts committed in violation of this 

10 section or if such acts include the use, attempted use, or 

11 threatened use of a dangerous weapon, explosives, or fire 

12 shall be imprisoned not more than ten years; and if death 

13 results from the acts committed in violation of this section 

14 or if such acts include kidnapping or an attempt to kid15 nap, aggravated sexual abuse or an attempt to commit ag16 gravated sexual abuse, or an attempt to kill, shall be im17 prisoned for any term of years or for life. 

18 ‘‘§ 901. Hate crime acts 

19 ‘‘(a) IN GENERAL.— 

20 ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER21 CEIVED RACE, COLOR, RELIGION, OR NATIONAL ORI22 GIN.—Whoever, whether or not acting under color of 

23 law, knowingly causes bodily injury to any person or, 

24 through the use of fire, a firearm, a dangerous 

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1 tempts to cause bodily injury to any person, because 

2 of the actual or perceived race, color, religion, or na3 tional origin of any person— 

4 ‘‘(A) shall be imprisoned not more than 10 

5 years, fined in accordance with this title, or 

6 both; and 

7 ‘‘(B) shall be imprisoned for any term of 

8 years or for life, fined in accordance with this 

9 title, or both, if— 

10 ‘‘(i) death results from the offense; or 

11 ‘‘(ii) the offense includes kidnapping 

12 or an attempt to kidnap, aggravated sexual 

13 abuse or an attempt to commit aggravated 

14 sexual abuse, or an attempt to kill. 

15 ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER16 CEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEX17 UAL ORIENTATION, GENDER IDENTITY, OR DIS18 ABILITY.— 

19 ‘‘(A) IN GENERAL.—Whoever, whether or 

20 not acting under color of law, in any cir21 cumstance described in subparagraph (B) or 

22 paragraph (3), knowingly causes bodily injury 

23 to any person or, through the use of fire, a fire24 arm, a dangerous weapon, or an explosive or in25 cendiary device, attempts to cause bodily injury 


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1 to any person, because of the actual or per2 ceived religion, national origin, gender, sexual 

3 orientation, gender identity, or disability of any 

4 person— 

5 ‘‘(i) shall be imprisoned not more 

6 than 10 years, fined in accordance with 

7 this title, or both; and 

8 ‘‘(ii) shall be imprisoned for any term 

9 of years or for life, fined in accordance 

10 with this title, or both, if— 

11 ‘‘(I) death results from the of12 fense; or 

13 ‘‘(II) the offense includes kidnap14 ping or an attempt to kidnap, aggra15 vated sexual abuse or an attempt to 

16 commit aggravated sexual abuse, or 

17 an attempt to kill. 

18 ‘‘(B) CIRCUMSTANCES DESCRIBED.—For 

19 purposes of subparagraph (A), the cir20 cumstances described in this subparagraph are 

21 that— 

22 ‘‘(i) the conduct described in subpara23 graph (A) occurs during the course of, or 

24 as the result of, the travel of the defendant 

25 or the victim— 


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1 ‘‘(I) across a State line or na2 tional border; or 

3 ‘‘(II) using a channel, facility, or 

4 instrumentality of interstate or for5 eign commerce; 

6 ‘‘(ii) the defendant uses a channel, fa7 cility, or instrumentality of interstate or 

8 foreign commerce in connection with the 

9 conduct described in subparagraph (A); 

10 ‘‘(iii) in connection with the conduct 

11 described in subparagraph (A), the defend12 ant employs a firearm, dangerous weapon, 

13 explosive or incendiary device, or other 

14 weapon that has traveled in interstate or 

15 foreign commerce; or 

16 ‘‘(iv) the conduct described in sub17 paragraph (A)— 

18 ‘‘(I) interferes with commercial 

19 or other economic activity in which 

20 the victim is engaged at the time of 

21 the conduct; or 

22 ‘‘(II) otherwise affects interstate 

23 or foreign commerce. 

24 ‘‘(3) OFFENSES OCCURRING IN THE SPECIAL

25 MARITIME OR TERRITORIAL JURISDICTION OF THE


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1 UNITED STATES.—Whoever, within the special mari2 time or territorial jurisdiction of the United States, 

3 engages in conduct described in paragraph (1) or in 

4 paragraph (2)(A) (without regard to whether that 

5 conduct occurred in a circumstance described in 

6 paragraph (2)(B)) shall be subject to the same pen7 alties as prescribed in those paragraphs. 

8 ‘‘(4) GUIDELINES.—All prosecutions conducted 

9 by the United States under this section shall be un10 dertaken pursuant to guidelines issued by the Attor11 ney General, or the designee of the Attorney Gen12 eral, to be included in the United States Attorneys’ 

13 Manual that shall establish neutral and objective cri14 teria for determining whether a crime was com15 mitted because of the actual or perceived status of 

16 any person. 

17 ‘‘(b) CERTIFICATION REQUIREMENT.— 

18 ‘‘(1) IN GENERAL.—No prosecution of any of19 fense described in this subsection may be undertaken 

20 by the United States, except under the certification 

21 in writing of the Attorney General, or a designee, 

22 that— 

23 ‘‘(A) the State does not have jurisdiction; 

24 ‘‘(B) the State has requested that the Fed25 eral Government assume jurisdiction; 


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1 ‘‘(C) the verdict or sentence obtained pur2 suant to State charges left demonstratively 

3 unvindicated the Federal interest in eradicating 

4 bias-motivated violence; or 

5 ‘‘(D) a prosecution by the United States is 

6 in the public interest and necessary to secure 

7 substantial justice. 

8 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

9 this subsection shall be construed to limit the au10 thority of Federal officers, or a Federal grand jury, 

11 to investigate possible violations of this section. 

12 ‘‘(c) DEFINITIONS.—In this section— 

13 ‘‘(1) the term ‘bodily injury’ does not include 

14 solely emotional or psychological harm to the victim; 

15 ‘‘(2) the term ‘explosive or incendiary device’ 

16 has the meaning given such term in section 296(c); 

17 ‘‘(3) the term ‘firearm’ has the meaning given 

18 such term in section 581; 

19 ‘‘(4) the term ‘gender identity’ means actual or 

20 perceived gender-related characteristics; and 

21 ‘‘SUBCHAPTER F—FOREIGN RELATIONS 

‘‘921. Agents of foreign governments. 

‘‘922. Diplomatic codes and correspondence. 

‘‘923. False statements influencing foreign Government. 

‘‘924. Conspiracy to kill, kidnap, maim, or injure persons or damage property 

in a foreign country. 

‘‘925. Enlistment in foreign Service. 

‘‘926. Expedition against friendly nation. 

‘‘927. Detention of armed vessel. 

‘‘928. Protection of property occupied by foreign governments. 


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1 ‘‘§ 921. Agents of foreign governments 

2 ‘‘(a) OFFENSE.—Whoever, other than a diplomatic or 

3 consular officer or attache, acts in the United States as 

4 an agent of a foreign government without prior notifica5 tion to the Attorney General if required in subsection (b), 

6 shall be imprisoned not more than ten years. 

7 ‘‘(b) RULES AND REGULATIONS.—The Attorney Gen8 eral shall promulgate rules and regulations establishing re9 quirements for notification. 

10 ‘‘(c) TRANSMISSION.—The Attorney General shall, 

11 upon receipt, promptly transmit one copy of each notifica12 tion statement filed under this section to the Secretary 

13 of State for such comment and use as the Secretary of 

14 State may determine to be appropriate from the point of 

15 view of the foreign relations of the United States. Failure 

16 of the Attorney General to do so is not a bar to prosecu17 tion under this section. 

18 ‘‘(d) DEFINITION.—As used in this section, the term 

19 ‘agent of a foreign government’ means an individual who 

20 agrees to operate within the United States subject to the 

21 direction or control of a foreign government or official, ex22 cept that such term does not include— 

23 ‘‘(1) a duly accredited diplomatic or consular 

24 officer of a foreign government, who is so recognized 

25 by the Department of State; 


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1 ‘‘(2) any officially and publicly acknowledged 

2 and sponsored official or representative of a foreign 

3 government; 

4 ‘‘(3) any officially and publicly acknowledged 

5 and sponsored member of the staff of, or employee 

6 of, an officer, official, or representative described in 

7 paragraph (1) or (2), who is not a United States cit8 izen; or 

9 ‘‘(4) any person engaged in a legal commercial 

10 transaction. 

11 ‘‘(e) ADDITIONAL BASIS FOR DETERMINING AGEN12 CY.—Notwithstanding subsection (d)(4), any person en13 gaged in a legal commercial transaction shall be consid14 ered to be an agent of a foreign government for purposes 

15 of this section if— 

16 ‘‘(1) such person agrees to operate within the 

17 United States subject to the direction or control of 

18 a foreign government or official; and 

19 ‘‘(2) such person— 

20 ‘‘(A) is an agent of Cuba or any other 

21 country that the President determines (and so 

22 reports to the Congress) poses a threat to the 

23 national security interest of the United States 

24 for purposes of this section, unless the Attorney 

25 General, after consultation with the Secretary 


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1 of State, determines and so reports to the Con2 gress that the national security or foreign policy 

3 interests of the United States require that this 

4 section does not apply in specific circumstances 

5 to agents of such country; or 

6 ‘‘(B) has been convicted of, or has entered 

7 a plea of nolo contendere with respect to, any 

8 offense under section 301, 302, 303, 601, or 

9 261 of this title or under section 11 of the Ex10 port Administration Act of 1979, except that 

11 this subsection does not apply to a person de12 scribed in this subparagraph for a period of 

13 more than five years beginning on the date of 

14 the conviction or the date of entry of the plea 

15 of nolo contendere, as the case may be. 

16 ‘‘§ 922. Diplomatic codes and correspondence 

17 ‘‘Whoever, by virtue of his employment by the United 

18 States, obtains from another or has or has had custody 

19 of or access to, any official diplomatic code or any matter 

20 prepared in any such code, or which purports to have been 

21 prepared in any such code, and without authorization or 

22 competent authority, knowingly publishes or furnishes to 

23 another any such code or matter, or any matter which was 

24 obtained while in the process of transmission between any 

25 foreign government and its diplomatic mission in the 


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1 United States, shall be or imprisoned not more than ten 

2 years. 

3 ‘‘§ 923. False statements influencing foreign govern4 ment 

5 ‘‘Whoever, in relation to any dispute or controversy 

6 between a foreign government and the United States, 

7 knowingly makes any untrue statement, either orally or 

8 in writing, under oath before any person authorized and 

9 empowered to administer oaths, which the affiant has 

10 knowledge or reason to believe will, or may be used to in11 fluence the measures or conduct of any foreign govern12 ment, or of any officer or agent of any foreign government, 

13 to the injury of the United States, or with a view or intent 

14 to influence any measure of or action by the United States 

15 or any department or agency thereof, to the injury of the 

16 United States, shall be imprisoned not more than ten 

17 years. 

18 ‘‘§ 924. Conspiracy to kill, kidnap, maim, or injure 

19 persons or damage property in a foreign 

20 country 

21 ‘‘(a) OFFENSE AGAINST PERSONS.— 

22 ‘‘(1) ELEMENTS.—Whoever, within the jurisdic23 tion of the United States, conspires with one or 

24 more other persons, regardless of where such other 

25 person or persons are located, to commit at any 


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1 place outside the United States an act that would 

2 constitute the offense of murder, kidnapping, or 

3 maiming if committed in the special maritime and 

4 territorial jurisdiction of the United States shall, if 

5 any of the conspirators commits an act within the 

6 jurisdiction of the United States to effect any object 

7 of the conspiracy, be punished as provided in para8 graph (2). 

9 ‘‘(2) PUNISHMENT.—The punishment for an offense 

10 under paragraph (1) is— 

11 ‘‘(A) imprisonment for any term of years or for 

12 life if the offense is conspiracy to murder or kidnap; 

13 and 

14 ‘‘(B) imprisonment for not more than 35 years 

15 if the offense is conspiracy to maim. 

16 ‘‘(b) OFFENSE AGAINST PROPERTY.—Whoever, with17 in the jurisdiction of the United States, conspires with one 

18 or more persons, regardless of where such other person 

19 or persons are located, to damage or destroy specific prop20 erty situated within a foreign country and belonging to 

21 a foreign government or to any political subdivision there22 of with which the United States is at peace, or any rail23 road, canal, bridge, airport, airfield, or other public utility, 

24 public conveyance, or public structure, or any religious, 

25 educational, or cultural property so situated, shall, if any 


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1 of the conspirators commits an act within the jurisdiction 

2 of the United States to effect any object of the conspiracy, 

3 be imprisoned not more than 25 years. 

4 ‘‘§ 925. Enlistment in foreign service 

5 ‘‘(a) OFFENSE.—Whoever, within the United States, 

6 enlists or enters himself, or hires or retains another to 

7 enlist or enter himself, or to go beyond the jurisdiction 

8 of the United States with intent to be enlisted or entered 

9 in the service of any foreign prince, state, colony, district, 

10 or people as a soldier or as a marine or seaman on board 

11 any vessel of war, letter of marque, or privateer, shall be 

12 imprisoned not more than three years. 

13 ‘‘(b) EXCLUSIONS.— 

14 ‘‘(1) This section does not apply to citizens or 

15 subjects of any country engaged in war with a coun16 try with which the United States is at war, unless 

17 such citizen or subject of such foreign country shall 

18 hire or solicit a citizen of the United States to enlist 

19 or go beyond the jurisdiction of the United States 

20 with intent to enlist or enter the service of a foreign 

21 country. Enlistments under this subsection shall be 

22 under regulations prescribed by the Secretary of the 

23 Army. 

24 ‘‘(2) This section and section 926 do not apply 

25 to any subject or citizen of any foreign prince, state, 


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1 colony, district, or people who is transiently within 

2 the United States and enlists or enters himself on 

3 board any vessel of war, letter of marque, or pri4 vateer, which at the time of its arrival within the 

5 United States was fitted and equipped as such, or 

6 hires or retains another subject or citizen of the 

7 same foreign prince, state, colony, district, or people 

8 who is transiently within the United States to enlist 

9 or enter himself to serve such foreign prince, state, 

10 colony, district, or people on board such vessel of 

11 war, letter of marque, or privateer, if the United 

12 States shall then be at peace with such foreign 

13 prince, state, colony, district, or people. 

14 ‘‘§ 926. Expedition against friendly nation 

15 ‘‘Whoever, within the United States, knowingly be16 gins or sets on foot or provides or prepares a means for 

17 or furnishes the money for, or takes part in, any military 

18 or naval expedition or enterprise to be carried on from 

19 thence against the territory or dominion of any foreign 

20 prince or state, or of any colony, district, or people with 

21 whom the United States is at peace, shall be imprisoned 

22 not more than three years. 

23 ‘‘§ 927. Detention of armed vessel 

24 ‘‘(a) AUTHORITY OF PRESIDENT.—During a war in 

25 which the United States is a neutral nation, the President, 


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1 or any person authorized by him, may detain any armed 

2 vessel owned wholly or in part by citizens of the United 

3 States, or any vessel, domestic or foreign (other than one 

4 which has entered the ports of the United States as a pub5 lic vessel), which is manifestly built for warlike purposes 

6 or has been converted or adapted from a private vessel 

7 to one suitable for warlike use, until the owner or master, 

8 or person having charge of such vessel, shall furnish proof 

9 satisfactory to the President, or to the person duly author10 ized by him, that the vessel will not be employed to cruise 

11 against or commit or attempt to commit hostilities upon 

12 the subjects, citizens, or property of any foreign prince 

13 or state, or of any colony, district, or people with which 

14 the United States is at peace, and that the said vessel 

15 will not be sold or delivered to any belligerent nation, or 

16 to an agent, officer, or citizen of such nation, by them 

17 or any of them, within the jurisdiction of the United 

18 States, or upon the high seas. 

19 ‘‘(b) OFFENSE.—Whoever, in violation of this section 

20 takes, or attempts to take, or authorizes the taking of any 

21 such vessel, out of port or from the United States, shall 

22 be imprisoned not more than ten years. 


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1 ‘‘§ 928. Protection of property occupied by foreign 

2 governments 

3 ‘‘(a) PROPERTY OFFENSE.—Whoever knowingly in4 jures, damages, or destroys, or attempts to injure, dam5 age, or destroy, any property, real or personal, located 

6 within the United States and belonging to or utilized or 

7 occupied by any foreign government or international orga8 nization, by a foreign official or official guest, shall be im9 prisoned not more than five years. 

10 ‘‘(b) THREAT AND HARASSMENT OFFENSE.—Who11 ever, knowingly with intent to intimidate, coerce, threaten, 

12 or harass— 

13 ‘‘(1) forcibly thrusts any part of himself or any 

14 object within or upon that portion of any building or 

15 premises located within the United States, which 

16 portion is used or occupied for official business or 

17 for diplomatic, consular, or residential purposes 

18 by— 

19 ‘‘(A) a foreign government, including such 

20 use as a mission to an international organiza21 tion; 

22 ‘‘(B) an international organization; 

23 ‘‘(C) a foreign official; or 

24 ‘‘(D) an official guest; or 

25 ‘‘(2) refuses to depart from such portion of 

26 such building or premises after a request— 


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1 ‘‘(A) by an employee of a foreign govern2 ment or of an international organization, if 

3 such employee is authorized to make such re4 quest by the senior official of the unit of such 

5 government or organization which occupies such 

6 portion of such building or premises; 

7 ‘‘(B) by a foreign official or any member 

8 of the foreign official’s staff who is authorized 

9 by the foreign official to make such request; 

10 ‘‘(C) by an official guest or any member of 

11 the official guest’s staff who is authorized by 

12 the official guest to make such request; or 

13 ‘‘(D) by any person present having law en14 forcement powers; 

15 shall be imprisoned not more than six months. 

16 ‘‘(c) DEFINITIONS.—For purposes of this section, the 

17 terms ‘foreign government’, ‘foreign official’, ‘inter18 national organization’, and ‘official guest’ have the same 

19 meanings as those provided in section 136. 

20 ‘‘SUBCHAPTER G—POSTAL SERVICE 

‘‘941. Obstruction of mails generally. 

‘‘942. Obstruction of correspondence. 

‘‘943. Delay or destruction of mail or newspapers. 

‘‘944. Keys or locks stolen or reproduced. 

‘‘945. Destruction of letter boxes or mail. 

‘‘946. Theft of property used by Postal Service. 

‘‘947. Theft or receipt of stolen mail matter generally. 

‘‘948. Theft of mail matter by officer or employee. 

‘‘949. Misappropriation of postal funds. 

‘‘950. Injurious articles as nonmailable. 


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‘‘951. Tobacco products as nonmailable. 

‘‘952. Franking privilege. 

1 ‘‘§ 941. Obstruction of mails generally 

2 ‘‘Whoever knowingly obstructs the passage of the 

3 mail, or any carrier or conveyance carrying the mail, shall 

4 be imprisoned not more than six months. 

5 ‘‘§ 942. Obstruction of correspondence 

6 ‘‘Whoever takes any letter, postal card, or package 

7 out of any post office or any authorized depository for mail 

8 matter, or from any letter or mail carrier, or which has 

9 been in any post office or authorized depository, or in the 

10 custody of any letter or mail carrier, before it has been 

11 delivered to the person to whom it was directed, with in12 tent to obstruct the correspondence, or to pry into the 

13 business or secrets of another, or opens, secretes, embez14 zles, or destroys the same, shall be imprisoned not more 

15 than five years. 

16 ‘‘§ 943. Delay or destruction of mail or newspapers 

17 ‘‘(a) MAIL MATTER.—Whoever, being a Postal Serv18 ice officer or employee, unlawfully secretes, destroys, de19 tains, delays, or opens any letter, postal card, package, 

20 bag, or mail entrusted to that officer or employee or which 

21 shall come into his or her possession, and which was in22 tended to be conveyed by mail, or carried or delivered by 

23 any carrier or other employee of the Postal Service, or for24 warded through or delivered from any post office or staVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00711 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 tion thereof established by authority of the Postmaster 

2 General or the Postal Service, shall be imprisoned not 

3 more than five years. 

4 ‘‘(b) NEWSPAPER.—Whoever, being a Postal Service 

5 officer or employee, improperly detains, delays, or destroys 

6 any newspaper, or permits any other person to detain, 

7 delay, or destroy the same, or opens, or permits any other 

8 person to open, any mail or package of newspapers not 

9 directed to the office where he is employed. 

10 ‘‘(c) BY ANY PERSON.—Whoever, without authority, 

11 opens or destroys any mail or package of newspapers not 

12 directed to him, shall be imprisoned not more than one 

13 year. 

14 ‘‘§ 944. Keys or locks stolen or reproduced 

15 ‘‘Whoever— 

16 ‘‘(1) steals, purloins, embezzles, or obtains by 

17 false pretense any key suited to any lock adopted by 

18 the Post Office Department or the Postal Service 

19 and in use on any of the mails or bags thereof, or 

20 any key to any lock box, lock drawer, or other au21 thorized receptacle for the deposit or delivery of mail 

22 matter; 

23 ‘‘(2) knowingly and unlawfully makes, forges, 

24 or counterfeits any such key, or possesses any such 

25 mail lock or key with the intent unlawfully or imVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00712 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 properly to use, sell, or otherwise dispose of the 

2 same, or to cause the same to be unlawfully or im3 properly used, sold, or otherwise disposed of; or 

4 ‘‘(3) being engaged as a contractor or otherwise 

5 in the manufacture of any such mail lock or key, de6 livers any finished or unfinished lock or the interior 

7 part thereof, or key, used or designed for use by the 

8 department, to any person not duly authorized under 

9 the hand of the Postmaster General and the seal of 

10 the Post Office Department or the Postal Service, to 

11 receive the same, unless the person receiving it is the 

12 contractor for furnishing the same or engaged in the 

13 manufacture thereof in the manner authorized by 

14 the contract, or the agent of such manufacturer; 

15 shall be imprisoned not more than ten years. 

16 ‘‘§ 945. Destruction of letter boxes or mail 

17 ‘‘Whoever knowingly injures, tears down, or destroys 

18 any letter box or other receptacle intended or used for the 

19 receipt or delivery of mail on any mail route, or breaks 

20 open the same or knowingly injures, defaces, or destroys 

21 any mail deposited therein, shall be imprisoned not more 

22 than three years. 

23 ‘‘§ 946. Theft of property used by Postal Service 

24 ‘‘Whoever steals, purloins, or embezzles any property 

25 used by the Postal Service, or appropriates any such propVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00713 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 erty to any other than its proper use, or conveys away 

2 any such property to the hindrance or detriment of the 

3 public service, shall be imprisoned not more than three 

4 years, but if the value of such property does not exceed 

5 $1,000, the offender shall be imprisoned not more than 

6 one year. 

7 ‘‘§ 947. Theft or receipt of stolen mail matter gen8 erally 

9 ‘‘Whoever— 

10 ‘‘(1) steals, takes, or abstracts, or by fraud or 

11 deception obtains, or attempts so to obtain, from or 

12 out of any mail, post office, or station thereof, letter 

13 box, mail receptacle, or any mail route or other au14 thorized depository for mail matter, or from a letter 

15 or mail carrier, any letter, postal card, package, bag, 

16 or mail, or abstracts or removes from any such let17 ter, package, bag, or mail, any article or thing con18 tained therein, or secretes, embezzles, or destroys 

19 any such letter, postal card, package, bag, or mail, 

20 or any article or thing contained therein; 

21 ‘‘(2) steals, takes, or abstracts, or by fraud or 

22 deception obtains any letter, postal card, package, 

23 bag, or mail, or any article or thing contained there24 in which has been left for collection upon or adjacent 


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•HR 1860 IH

1 to a collection box or other authorized depository of 

2 mail matter; or 

3 ‘‘(3) buys, receives, or conceals, or unlawfully 

4 has in his possession, any letter, postal card, pack5 age, bag, or mail, or any article or thing contained 

6 therein, which has been so stolen, taken, embezzled, 

7 or abstracted, as herein described, knowing the same 

8 to have been stolen, taken, embezzled, or abstracted; 

9 shall be imprisoned not more than five years. 

10 ‘‘§ 948. Theft of mail matter by officer or employee 

11 ‘‘Whoever, being a Postal Service officer or employee, 

12 embezzles any letter, postal card, package, bag, or mail, 

13 or any article or thing contained therein entrusted to him 

14 or which comes into his possession intended to be conveyed 

15 by mail, or carried or delivered by any carrier, messenger, 

16 agent, or other person employed in any department of the 

17 Postal Service, or forwarded through or delivered from 

18 any post office or station thereof established by authority 

19 of the Postmaster General or of the Postal Service; or 

20 steals, abstracts, or removes from any such letter, pack21 age, bag, or mail, any article or thing contained therein, 

22 shall be imprisoned not more than five years. 

23 ‘‘§ 949. Misappropriation of postal funds 

24 ‘‘(a) OFFENSE.—Whoever, being a Postal Service of25 ficer or employee, loans, uses, pledges, hypothecates, or 


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•HR 1860 IH

1 converts to his own use, or deposits in any bank, or ex2 changes for other funds or property, except as authorized 

3 by law, any money or property coming into his hands or 

4 under his control in any manner, in the execution or under 

5 color of his office, employment, or service, whether or not 

6 the same shall be the money or property of the United 

7 States; or fails or refuses to remit to or deposit in the 

8 Treasury of the United States or in a designated deposi9 tory, or to account for or turn over to the proper officer 

10 or agent, any such money or property, when required to 

11 do so by law or the regulations of the Postal Service, or 

12 upon demand or order of the Postal Service, either directly 

13 or through a duly authorized officer or agent, is guilty 

14 of embezzlement; and every such person, as well as every 

15 other person advising or knowingly participating therein, 

16 shall be imprisoned not more than ten years; but if the 

17 amount or value thereof does not exceed $1,000, he shall 

18 be imprisoned not more than one year. 

19 ‘‘(b) EXCLUSION.—This section does not prohibit any 

20 Postal Service officer or employee from depositing, under 

21 the direction of the Postal Service, in a national bank des22 ignated by the Secretary of the Treasury for that purpose, 

23 to his own credit as Postal Service officer or employee any 

24 funds in his charge, nor prevent his negotiating drafts or 

25 other evidences of debt through such bank, or through 


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•HR 1860 IH

1 United States disbursing officers, or otherwise, when in2 structed or required so to do by the Postal Service, for 

3 the purpose of remitting surplus funds from one post of4 fice to another. 

5 ‘‘§ 950. Injurious articles as nonmailable 

6 ‘‘(a) IN GENERAL.—All kinds of poison, and all arti7 cles and compositions containing poison, and all poisonous 

8 animals, insects, reptiles, and all explosives, inflammable 

9 materials, infernal machines, and mechanical, chemical, or 

10 other devices or compositions which may ignite or explode, 

11 including firearms, and all disease germs or scabs, and 

12 all other natural or artificial articles, compositions, or ma13 terial which may kill or injure another, or injure the mails 

14 or other property, whether or not sealed as first-class mat15 ter, are nonmailable matter and shall not be conveyed in 

16 the mails or delivered from any post office or station 

17 thereof, nor by any officer or employee of the Postal Serv18 ice. 

19 ‘‘(b) EXCEPTIONS.—The Postal Service may permit 

20 the transmission in the mails, under such rules and regu21 lations as it shall prescribe as to preparation and packing, 

22 of any such articles which are not outwardly or of their 

23 own force dangerous or injurious to life, health, or prop24 erty. 


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•HR 1860 IH

1 ‘‘(c) SCORPIONS.—The Postal Service is authorized 

2 and directed to permit the transmission in the mails, 

3 under regulations to be prescribed by it, of live scorpions 

4 which are to be used for purposes of medical research or 

5 for the manufacture of antivenom. Such regulations shall 

6 include such provisions with respect to the packaging of 

7 such live scorpions for transmission in the mails as the 

8 Postal Service deems necessary or desirable for the protec9 tion of Postal Service personnel and of the public generally 

10 and for ease of handling by such personnel and by any 

11 individual connected with such research or manufacture. 

12 Nothing in this paragraph shall be construed to authorize 

13 the transmission in the mails of live scorpions by means 

14 of aircraft engaged in the carriage of passengers for com15 pensation or hire. 

16 ‘‘(d) POISONOUS DRUGS AND MEDICINES.—The 

17 transmission in the mails of poisonous drugs and medi18 cines may be limited by the Postal Service to shipments 

19 of such articles from the manufacturer thereof or dealer 

20 therein to licensed physicians, surgeons, dentists, phar21 macists, druggists, cosmetologists, barbers, and veterinar22 ians under such rules and regulations as it shall prescribe. 

23 ‘‘(e) POISONS FOR SCIENTIFIC USE.—The trans24 mission in the mails of poisons for scientific use, and 

25 which are not outwardly dangerous or of their own force 


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•HR 1860 IH

1 dangerous or injurious to life, health, or property, may 

2 be limited by the Postal Service to shipments of such arti3 cles between the manufacturers thereof, dealers therein, 

4 bona fide research or experimental scientific laboratories, 

5 and such other persons who are employees of the Federal, 

6 a State, or local government, whose official duties are 

7 comprised, in whole or in part, of the use of such poisons, 

8 and who are designated by the head of the agency in which 

9 they are employed to receive or send such articles, under 

10 such rules and regulations as the Postal Service shall pre11 scribe. 

12 ‘‘(f) INTOXICATING LIQUORS.—All spirituous, vinous, 

13 malted, fermented, or other intoxicating liquors of any 

14 kind are nonmailable and shall not be deposited in or car15 ried through the mails. 

16 ‘‘(g) KNIVES.—All knives having a blade which opens 

17 automatically (1) by hand pressure applied to a button 

18 or other device in the handle of the knife, or (2) by oper19 ation of inertia, gravity, or both, are nonmailable and shall 

20 not be deposited in or carried by the mails or delivered 

21 by any officer or employee of the Postal Service. Such 

22 knives may be conveyed in the mails, under such regula23 tions as the Postal Service shall prescribe— 

24 ‘‘(1) to civilian or Armed Forces supply or pro25 curement officers and employees of the Federal GovVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00719 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 ernment ordering, procuring, or purchasing such 

2 knives in connection with the activities of the Fed3 eral Government; 

4 ‘‘(2) to supply or procurement officers of the 

5 National Guard, the Air National Guard, or militia 

6 of a State ordering, procuring, or purchasing such 

7 knives in connection with the activities of such orga8 nizations; 

9 ‘‘(3) to supply or procurement officers or em10 ployees of any State, or any political subdivision of 

11 a State, ordering, procuring, or purchasing such 

12 knives in connection with the activities of such gov13 ernment; and 

14 ‘‘(4) to manufacturers of such knives or bona 

15 fide dealers therein in connection with any shipment 

16 made pursuant to an order from any person des17 ignated in paragraphs (1), (2), and (3). 

18 The Postal Service may require, as a condition of con19 veying any such knife in the mails, that any person pro20 posing to mail such knife explain in writing to the satisfac21 tion of the Postal Service that the mailing of such knife 

22 will not be in violation of this section. 

23 ‘‘(h) ADVERTISING, PROMOTIONAL, OR SALES MAT24 TER.—Any advertising, promotional, or sales matter which 

25 solicits or induces the mailing of anything declared nonVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00720 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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•HR 1860 IH

1 mailable by this section is likewise nonmailable unless such 

2 matter contains wrapping or packaging instructions which 

3 are in accord with regulations promulgated by the Postal 

4 Service. 

5 ‘‘(i) BALLISTIC KNIVES.— 

6 ‘‘(1) GENERALLY.—Any ballistic knife shall be 

7 subject to the same restrictions and penalties pro8 vided under subsection (g) for knives described in 

9 the first sentence of that subsection. 

10 ‘‘(2) DEFINITION.—As used in this subsection, 

11 the term ‘ballistic knife’ means a knife with a de12 tachable blade that is propelled by a spring-operated 

13 mechanism. 

14 ‘‘(j) OFFENSES.— 

15 ‘‘(1) COMPLIANCE WITH RULES AND REGULA16 TIONS.—Whoever knowingly deposits for mailing or 

17 delivery, or knowingly causes to be delivered by mail, 

18 according to the direction thereon, or at any place 

19 at which it is directed to be delivered by the person 

20 to whom it is addressed, anything declared non21 mailable by this section, unless in accordance with 

22 the rules and regulations authorized to be prescribed 

23 by the Postal Service, shall be imprisoned not more 

24 than one year. 


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•HR 1860 IH

1 ‘‘(2) WITH INTENT TO KILL OR INJURE AN2 OTHER OR TO INJURE THE MAILS OR PROPERTY.— 

3 Whoever knowingly deposits for mailing or delivery, 

4 or knowingly causes to be delivered by mail, accord5 ing to the direction thereon or at any place to which 

6 it is directed to be delivered by the person to whom 

7 it is addressed, anything declared nonmailable by 

8 this section, whether or not transmitted in accord9 ance with the rules and regulations authorized to be 

10 prescribed by the Postal Service, with intent to kill 

11 or injure another, or injure the mails or other prop12 erty, shall be imprisoned not more than twenty 

13 years. 

14 ‘‘(3) DEATH PENALTY.—Whoever is convicted 

15 of any crime prohibited by this section, which has 

16 resulted in the death of any person, shall be subject 

17 also to the death penalty or to imprisonment for life. 

18 ‘‘§ 951. Tobacco products as nonmailable 

19 ‘‘(a) PROHIBITION.— 

20 ‘‘(1) IN GENERAL.—All cigarettes and smoke21 less tobacco (as those terms are defined in section 

22 1 of the Act of October 19, 1949, commonly referred 

23 to as the Jenkins Act) are nonmailable and shall not 

24 be deposited in or carried through the mails. The 

25 United States Postal Service shall not accept for deVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00722 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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•HR 1860 IH

1 livery or transmit through the mails any package 

2 that it knows or has reasonable cause to believe con3 tains any cigarettes or smokeless tobacco made non4 mailable by this paragraph. 

5 ‘‘(2) REASONABLE CAUSE.—For the purposes 

6 of this subsection reasonable cause includes— 

7 ‘‘(A) a statement on a publicly available 

8 website, or an advertisement, by any person 

9 that the person will mail matter which is non10 mailable under this section in return for pay11 ment; or 

12 ‘‘(B) the fact that the person is on the list 

13 created under section 2A(e) of the Jenkins Act. 

14 ‘‘(b) EXCEPTIONS.— 

15 ‘‘(1) CIGARS.—Subsection (a) does not apply to 

16 cigars (as defined in section 5702(a) of the Internal 

17 Revenue Code of 1986). 

18 ‘‘(2) GEOGRAPHIC EXCEPTION.—Subsection (a) 

19 does not apply to mailings within the State of Alas20 ka or within the State of Hawaii. 

21 ‘‘(3) BUSINESS PURPOSES.— 

22 ‘‘(A) IN GENERAL.—Subsection (a) does 

23 not apply to tobacco products mailed only— 

24 ‘‘(i) for business purposes between le25 gally operating businesses that have all apVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00723 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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•HR 1860 IH

1 plicable State and Federal Government li2 censes or permits and are engaged in to3 bacco product manufacturing, distribution, 

4 wholesale, export, import, testing, inves5 tigation, or research; or 

6 ‘‘(ii) for regulatory purposes between 

7 any business described in clause (i) and an 

8 agency of the Federal Government or a 

9 State government. 

10 ‘‘(B) RULES.— 

11 ‘‘(i) IN GENERAL.—The Postmaster 

12 General shall by rule establish the stand13 ards and requirements that apply to all 

14 mailings described in subparagraph (A). 

15 ‘‘(ii) CONTENTS.—The rules issued 

16 under clause (i) shall require— 

17 ‘‘(I) the United States Postal 

18 Service to verify that any person sub19 mitting an otherwise nonmailable to20 bacco product into the mails as au21 thorized under this paragraph is a 

22 business or government agency per23 mitted to make a mailing under this 

24 paragraph; 


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•HR 1860 IH

1 ‘‘(II) the United States Postal 

2 Service to ensure that any recipient of 

3 an otherwise nonmailable tobacco 

4 product sent through the mails under 

5 this paragraph is a business or gov6 ernment agency that may lawfully re7 ceive the product; 

8 ‘‘(III) that any mailing described 

9 in subparagraph (A) shall be sent 

10 through the systems of the United 

11 States Postal Service that provide for 

12 the tracking and confirmation of the 

13 delivery; 

14 ‘‘(IV) that the identity of the 

15 business or government entity submit16 ting the mailing containing otherwise 

17 nonmailable tobacco products for de18 livery and the identity of the business 

19 or government entity receiving the 

20 mailing are clearly set forth on the 

21 package; 

22 ‘‘(V) the United States Postal 

23 Service to maintain identifying infor24 mation described in subclause (IV) 

25 during the 3-year period beginning on 


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•HR 1860 IH

1 the date of the mailing and make the 

2 information available to the Postal 

3 Service, the Attorney General of the 

4 United States, and to persons eligible 

5 to bring enforcement actions under 

6 section 4(d) of the Jenkins Act; 

7 ‘‘(VI) that any mailing described 

8 in subparagraph (A) be marked with 

9 a United States Postal Service label 

10 or marking that makes it clear to em11 ployees of the United States Postal 

12 Service that it is a permitted mailing 

13 of otherwise nonmailable tobacco 

14 products that may be delivered only to 

15 a permitted government agency or 

16 business and may not be delivered to 

17 any residence or individual person; 

18 and 

19 ‘‘(VII) that any mailing described 

20 in subparagraph (A) be delivered only 

21 to a verified employee of the recipient 

22 business or government agency, who is 

23 not a minor and who shall be required 

24 to sign for the mailing. 


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•HR 1860 IH

1 ‘‘(C) DEFINITION.—In this paragraph, the 

2 term ‘minor’ means an individual who is less 

3 than the minimum age required for the legal 

4 sale or purchase of tobacco products as deter5 mined by applicable law at the place the indi6 vidual is located. 

7 ‘‘(4) CERTAIN INDIVIDUALS.— 

8 ‘‘(A) IN GENERAL.—Subsection (a) does 

9 not apply to tobacco products mailed by individ10 uals who are not minors for noncommercial 

11 purposes, including the return of a damaged or 

12 unacceptable tobacco product to the manufac13 turer. 

14 ‘‘(B) RULES.— 

15 ‘‘(i) IN GENERAL.—The Postmaster 

16 General shall by rule establish the stand17 ards and requirements that apply to all 

18 mailings described in subparagraph (A). 

19 ‘‘(ii) CONTENTS.—The rules issued 

20 under clause (i) shall require— 

21 ‘‘(I) the United States Postal 

22 Service to verify that any person sub23 mitting an otherwise nonmailable to24 bacco product into the mails as au25 thorized under this paragraph is the 


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•HR 1860 IH

1 individual identified on the return ad2 dress label of the package and is not 

3 a minor; 

4 ‘‘(II) for a mailing to an indi5 vidual, the United States Postal Serv6 ice to require the person submitting 

7 the otherwise nonmailable tobacco 

8 product into the mails as authorized 

9 by this paragraph to affirm that the 

10 recipient is not a minor; 

11 ‘‘(III) that any package mailed 

12 under this paragraph shall weigh not 

13 more than 10 ounces; 

14 ‘‘(IV) that any mailing described 

15 in subparagraph (A) shall be sent 

16 through the systems of the United 

17 States Postal Service that provide for 

18 the tracking and confirmation of the 

19 delivery; 

20 ‘‘(V) that a mailing described in 

21 subparagraph (A) shall not be deliv22 ered or placed in the possession of any 

23 individual who has not been verified 

24 as not being a minor; 


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•HR 1860 IH

1 ‘‘(VI) for a mailing described in 

2 subparagraph (A) to an individual, 

3 that the United States Postal Service 

4 shall deliver the package only to a re5 cipient who is verified not to be a 

6 minor at the recipient address or 

7 transfer it for delivery to an Air/Army 

8 Postal Office or Fleet Postal Office 

9 number designated in the recipient 

10 address; and 

11 ‘‘(VII) that no person may ini12 tiate more than 10 mailings described 

13 in subparagraph (A) during any 30- 

14 day period. 

15 ‘‘(C) DEFINITION.—In this paragraph, the 

16 term ‘minor’ means an individual who is less 

17 than the minimum age required for the legal 

18 sale or purchase of tobacco products as deter19 mined by applicable law at the place the indi20 vidual is located. 

21 ‘‘(5) EXCEPTION FOR MAILINGS FOR CONSUMER

22 TESTING BY MANUFACTURERS.— 

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), subsection (a) does not preclude a 

25 legally operating cigarette manufacturer or a leVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00729 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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•HR 1860 IH

1 gally authorized agent of a legally operating 

2 cigarette manufacturer from using the United 

3 States Postal Service to mail cigarettes to 

4 verified adult smoker solely for consumer test5 ing purposes, if— 

6 ‘‘(i) the cigarette manufacturer has a 

7 permit, in good standing, issued under sec8 tion 5713 of the Internal Revenue Code of 

9 1986; 

10 ‘‘(ii) the package of cigarettes mailed 

11 under this paragraph contains not more 

12 than 12 packs of cigarettes (240 ciga13 rettes); 

14 ‘‘(iii) the recipient does not receive 

15 more than 1 package of cigarettes from 

16 any 1 cigarette manufacturer under this 

17 paragraph during any 30-day period; 

18 ‘‘(iv) all taxes on the cigarettes mailed 

19 under this paragraph levied by the State 

20 and locality of delivery are paid to the 

21 State and locality before delivery, and tax 

22 stamps or other tax-payment indicia are 

23 affixed to the cigarettes as required by law; 

24 and 


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1 ‘‘(v)(I) the recipient has not made any 

2 payments of any kind in exchange for re3 ceiving the cigarettes; 

4 ‘‘(II) the recipient is paid a fee by the 

5 manufacturer or agent of the manufacturer 

6 for participation in consumer product 

7 tests; and 

8 ‘‘(III) the recipient, in connection 

9 with the tests, evaluates the cigarettes and 

10 provides feedback to the manufacturer or 

11 agent. 

12 ‘‘(B) LIMITATION.—Subparagraph (A) 

13 does not permit a manufacturer, directly or 

14 through a legally authorized agent, to mail ciga15 rettes in any calendar year in a total amount 

16 greater than 1 percent of the total cigarette 

17 sales of the manufacturer in the United States 

18 during the calendar year before the date of the 

19 mailing. 

20 ‘‘(C) RULES.— 

21 ‘‘(i) IN GENERAL.—The Postmaster 

22 General shall by rule establish the stand23 ards and requirements that apply to all 

24 mailings described in subparagraph (A). 


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•HR 1860 IH

1 ‘‘(ii) CONTENTS.—The rules issued 

2 under clause (i) shall require— 

3 ‘‘(I) the United States Postal 

4 Service to verify that any person sub5 mitting a tobacco product into the 

6 mails under this paragraph is a le7 gally operating cigarette manufacturer 

8 permitted to make a mailing under 

9 this paragraph, or an agent legally 

10 authorized by the legally operating 

11 cigarette manufacturer to submit the 

12 tobacco product into the mails on be13 half of the manufacturer; 

14 ‘‘(II) the legally operating ciga15 rette manufacturer submitting the 

16 cigarettes into the mails under this 

17 paragraph to affirm that— 

18 ‘‘(aa) the manufacturer or 

19 the legally authorized agent of 

20 the manufacturer has verified 

21 that the recipient is an adult es22 tablished smoker; 

23 ‘‘(bb) the recipient has not 

24 made any payment for the ciga25 rettes; 


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1 ‘‘(cc) the recipient has 

2 signed a written statement that 

3 is in effect indicating that the re4 cipient wishes to receive the mail5 ings; and 

6 ‘‘(dd) the manufacturer or 

7 the legally authorized agent of 

8 the manufacturer has offered the 

9 opportunity for the recipient to 

10 withdraw the written statement 

11 described in item (cc) not less 

12 frequently than once in every 3- 

13 month period; 

14 ‘‘(III) the legally operating ciga15 rette manufacturer or the legally au16 thorized agent of the manufacturer 

17 submitting the cigarettes into the 

18 mails under this paragraph to affirm 

19 that any package mailed under this 

20 paragraph contains not more than 12 

21 packs of cigarettes (240 cigarettes) on 

22 which all taxes levied on the cigarettes 

23 by the State and locality of delivery 

24 have been paid and all related State 


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•HR 1860 IH

1 tax stamps or other tax-payment indi2 cia have been applied; 

3 ‘‘(IV) that any mailing described 

4 in subparagraph (A) shall be sent 

5 through the systems of the United 

6 States Postal Service that provide for 

7 the tracking and confirmation of the 

8 delivery; 

9 ‘‘(V) the United States Postal 

10 Service to maintain records relating to 

11 a mailing described in subparagraph 

12 (A) during the 3-year period begin13 ning on the date of the mailing and 

14 make the information available to per15 sons enforcing this section; 

16 ‘‘(VI) that any mailing described 

17 in subparagraph (A) be marked with 

18 a United States Postal Service label 

19 or marking that makes it clear to em20 ployees of the United States Postal 

21 Service that it is a permitted mailing 

22 of otherwise nonmailable tobacco 

23 products that may be delivered only to 

24 the named recipient after verifying 

25 that the recipient is an adult; and 


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1 ‘‘(VII) the United States Postal 

2 Service shall deliver a mailing de3 scribed in subparagraph (A) only to 

4 the named recipient and only after 

5 verifying that the recipient is an 

6 adult. 

7 ‘‘(D) DEFINITIONS.—In this paragraph— 

8 ‘‘(i) the term ‘adult’ means an indi9 vidual who is not less than 21 years of age; 

10 and 

11 ‘‘(ii) the term ‘consumer testing’ 

12 means testing limited to formal data collec13 tion and analysis for the specific purpose 

14 of evaluating the product for quality assur15 ance and benchmarking purposes of ciga16 rette brands or sub-brands among existing 

17 adult smokers. 

18 ‘‘(6) FEDERAL GOVERNMENT AGENCIES.—An 

19 agency of the Federal Government involved in the 

20 consumer testing of tobacco products solely for pub21 lic health purposes may mail cigarettes under the 

22 same requirements, restrictions, and rules and pro23 cedures that apply to consumer testing mailings of 

24 cigarettes by manufacturers under paragraph (5), 

25 except that the agency shall not be required to pay 


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•HR 1860 IH

1 the recipients for participating in the consumer test2 ing. 

3 ‘‘(c) ADDITIONAL PENALTIES.—In addition to any 

4 other fines and penalties under this title for violations of 

5 this section, any person violating this section shall be sub6 ject to an additional civil penalty in the amount equal to 

7 10 times the retail value of the nonmailable cigarettes or 

8 smokeless tobacco, including all Federal, State, and local 

9 taxes. 

10 ‘‘(d) CRIMINAL PENALTY.—Whoever knowingly de11 posits for mailing or delivery, or knowingly causes to be 

12 delivered by mail, according to the direction thereon, or 

13 at any place at which it is directed to be delivered by the 

14 person to whom it is addressed, anything that is non15 mailable matter under this section shall be fined under 

16 this title, imprisoned not more than 1 year, or both. 

17 ‘‘(e) ACTIONS BY STATE, LOCAL, OR TRIBAL GOV18 ERNMENTS RELATING TO CERTAIN TOBACCO PROD19 UCTS.— 

20 ‘‘(1) IN GENERAL.—A State, through its attor21 ney general, or a local government or Indian tribe 

22 that levies an excise tax on tobacco products, 

23 through its chief law enforcement officer, may in a 

24 civil action in a United States district court obtain 

25 appropriate relief with respect to a violation of this 


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1 section. Appropriate relief includes injunctive and 

2 equitable relief and damages equal to the amount of 

3 unpaid taxes on tobacco products mailed in violation 

4 of this section to addressees in that State, locality, 

5 or tribal land. 

6 ‘‘(2) SOVEREIGN IMMUNITY.—Nothing in this 

7 subsection abrogates or constitutes a waiver of any 

8 sovereign immunity of a State or local government 

9 or Indian tribe against any unconsented lawsuit 

10 under paragraph (1), or otherwise to restrict, ex11 pand, or modify any sovereign immunity of a State 

12 or local government or Indian tribe. 

13 ‘‘(3) ATTORNEY GENERAL REFERRAL.—A 

14 State, through its attorney general, or a local gov15 ernment or Indian tribe that levies an excise tax on 

16 tobacco products, through its chief law enforcement 

17 officer, may provide evidence of a violation of this 

18 section for commercial purposes by any person not 

19 subject to State, local, or tribal government enforce20 ment actions for violations of this section to the At21 torney General of the United States, who shall take 

22 appropriate actions to enforce this section. 

23 ‘‘(4) NONEXCLUSIVITY OF REMEDIES.—The 

24 remedies available under this subsection are in addi25 tion to any other remedies available under Federal, 


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1 State, local, tribal, or other law. Nothing in this sub2 section shall be construed to expand, restrict, or oth3 erwise modify any right of an authorized State, 

4 local, or tribal government official to proceed in a 

5 State, tribal, or other appropriate court, or take 

6 other enforcement actions, on the basis of an alleged 

7 violation of State, local, tribal, or other law. 

8 ‘‘(5) OTHER ENFORCEMENT ACTIONS.—Noth9 ing in this subsection shall be construed to prohibit 

10 an authorized State official from proceeding in State 

11 court on the basis of an alleged violation of any gen12 eral civil or criminal statute of the State. 

13 ‘‘§ 952. Franking privilege 

14 ‘‘Whoever makes use of any official envelope, label, 

15 or indorsement authorized by law, to avoid the payment 

16 of postage or registry fee on his private letter, packet, 

17 package, or other matter in the mail, shall be fined under 

18 this title. 

19 ‘‘SUBCHAPTER H—SPECIAL MARITIME AND 

20 TERRITORIAL JURISDICTION OF THE 

21 UNITED STATES 

‘‘961. Laws of States adopted for areas within Federal jurisdiction. 


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1 ‘‘§ 961. Laws of States adopted for areas within Fed2 eral jurisdiction 

3 ‘‘(a) OFFENSE.—Whoever, within the reserved or ac4 quired special maritime or territorial jurisdiction of the 

5 United States, or on, above, or below any portion of the 

6 territorial sea of the United States not within the jurisdic7 tion of any State, is guilty of any act or omission which, 

8 although not made punishable by any enactment of Con9 gress, would be punishable if committed or omitted within 

10 the jurisdiction of the State in which such place is situ11 ated, by the laws thereof in force at the time of such act 

12 or omission, shall be guilty of a like offense and subject 

13 to a like punishment. 

14 ‘‘(b) OPERATING A MOTOR VEHICLE UNDER THE IN15 FLUENCE OF ALCOHOL.— 

16 ‘‘(1) LIMITATION ON RIGHT OR PRIVILEGE TO

17 OPERATE A MOTOR VEHICLE.—Subject to para18 graph (2) and for purposes of subsection (a) of this 

19 section, that which may or shall be imposed through 

20 judicial or administrative action under the law of a 

21 State for a conviction for operating a motor vehicle 

22 under the influence of a drug or alcohol, shall be 

23 considered to be a punishment provided by that law. 

24 Any limitation on the right or privilege to operate a 

25 motor vehicle imposed under this subsection shall 


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•HR 1860 IH

1 apply only to the special maritime and territorial ju2 risdiction of the United States. 

3 ‘‘(2) ADDITIONAL PUNISHMENT.—In addition to any 

4 term of imprisonment provided for operating a motor vehi5 cle under the influence of a drug or alcohol imposed under 

6 the law of a State, the punishment for such an offense 

7 under this section shall include an additional term of im8 prisonment of not more than 1 year, or if serious bodily 

9 injury of a minor is caused, not more than 5 years, or 

10 if death of a minor is caused, not more than 10 years, 

11 and an additional fine under this title, or both, if— 

12 ‘‘(A) a minor (other than the offender) was 

13 present in the motor vehicle when the offense was 

14 committed; and 

15 ‘‘(B) the law of the State in which the offense 

16 occurred does not provide an additional term of im17 prisonment under the circumstances described in 

18 subparagraph (A). 

19 ‘‘(c) TERRITORIAL SEA.—Whenever any waters of 

20 the territorial sea of the United States lie outside the terri21 tory of any State, such waters (including the airspace 

22 above and the seabed and subsoil below, and artificial is23 lands and fixed structures erected thereon) shall be 

24 deemed, for purposes of subsection (a), to lie within the 

25 area of the State that it would lie within if the boundaries 


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•HR 1860 IH

1 of such State were extended seaward to the outer limit 

2 of the territorial sea of the United States. 

3 ‘‘CHAPTER 29—CRIMES RELATED TO PRO4 TECTION OF GOVERNMENT FUNC5 TIONS AND INTEGRITY 

‘‘Subchapter 

‘‘A. Bribery, graft, and conflicts of interest 

‘‘B. Claims and services in matters affecting government 

‘‘C. Contempts 

‘‘D. Elections and political activities 

‘‘E. Emblems, insignia, and names 

‘‘F. Escape and rescue 

‘‘G. False personation 

‘‘H. Fugitives from justice 

‘‘I. Obstruction of justice 

‘‘J. Prisons 

‘‘K. Public officers and employees 

‘‘L. Records and reports 

‘‘M. Searches and seizures 

‘‘N. Malicious mischief 

‘‘O. Public lands 

‘‘P. Restricted building or grounds 

6 ‘‘SUBCHAPTER A—BRIBERY, GRAFT, AND 

7 CONFLICTS OF INTEREST 

‘‘991. Bribery of public officials and witnesses. 

‘‘992. Definitions for certain sections. 

‘‘993. Compensation to Members of Congress, officers, and others in matters affecting the Government. 

‘‘994. Practice in United States Court of Federal Claims or the United States 

Court of Appeals for the Federal circuit by Members of Congress. 

‘‘995. Activities of officers and employees in claims against and other matters 

affecting the Government. 

‘‘996. Exemption of retired officers of the uniformed services. 

‘‘997. Restrictions on former officers, employees, and elected officials of the Executive and legislative branches. 

‘‘998. Acts affecting a personal financial interest. 

‘‘999. Salary of Government officials and employees payable only by United 

States. 

‘‘1000. Offer to procure appointive public office. 

‘‘1001. Acceptance or solicitation to obtain appointive public office. 

‘‘1002. Offer or acceptance of loan or gratuity. 

‘‘1003. Receipt of commissions or gifts for procuring loans. 

‘‘1004. Penalties and injunctions. 


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‘‘1005. Voiding transactions in violation of subchapter; recovery by the United 

States. 

‘‘1006. Officers and employees acting as agents of foreign principals. 

‘‘1007. Bribery in sporting contests. 

‘‘1008. Continuing financial crimes enterprise. 

1 ‘‘§ 991. Bribery of public officials and witnesses 

2 ‘‘(a) DEFINITIONS.—As used in this section— 

3 ‘‘(1) the term ‘public official’ means Member of 

4 Congress, Delegate, or Resident Commissioner, ei5 ther before or after such official has qualified, or an 

6 officer or employee or person acting for or on behalf 

7 of the United States, or any department, agency or 

8 branch of Government thereof, including the District 

9 of Columbia, in any official function, under or by 

10 authority of any such department, agency, or branch 

11 of Government, or a juror; 

12 ‘‘(2) the term ‘person who has been selected to 

13 be a public official’ means any person who has been 

14 nominated or appointed to be a public official, or 

15 has been officially informed that such person will be 

16 so nominated or appointed; and 

17 ‘‘(3) the term ‘official act’ means any decision 

18 or action on any question, matter, cause, suit, pro19 ceeding or controversy, which may at any time be 

20 pending, or which may by law be brought before any 

21 public official, in such official’s official capacity, or 

22 in such official’s place of trust or profit. 

23 ‘‘(b) BRIBERY.—Whoever— 


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1 ‘‘(1) corruptly gives, offers or promises any2 thing of value to any public official or person who 

3 has been selected to be a public official, or offers or 

4 promises any public official or any person who has 

5 been selected to be a public official to give anything 

6 of value to any other person or entity, with intent— 

7 ‘‘(A) to influence any official act; or 

8 ‘‘(B) to influence such public official or 

9 person who has been selected to be a public of10 ficial to commit or aid in committing, or collude 

11 in, or allow, any fraud, or make opportunity for 

12 the commission of any fraud, on the United 

13 States; or 

14 ‘‘(C) to induce such public official or such 

15 person who has been selected to be a public of16 ficial to do or omit to do any act in violation 

17 of the lawful duty of such official or person; 

18 ‘‘(2) being a public official or person selected to 

19 be a public official, corruptly demands, seeks, re20 ceives, accepts, or agrees to receive or accept any21 thing of value personally or for any other person or 

22 entity, in return for— 

23 ‘‘(A) being influenced in the performance 

24 of any official act; 


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•HR 1860 IH

1 ‘‘(B) being influenced to commit or aid in 

2 committing, or to collude in, or allow, any 

3 fraud, or make opportunity for the commission 

4 of any fraud on the United States; or 

5 ‘‘(C) being induced to do or omit to do any 

6 act in violation of the official duty of such offi7 cial or person; 

8 ‘‘(3) corruptly gives, offers, or promises any9 thing of value to any person, or offers or promises 

10 such person to give anything of value to any other 

11 person or entity, with intent to influence the testi12 mony under oath or affirmation of such first-men13 tioned person as a witness upon a trial, hearing, or 

14 other proceeding, before any court, any committee of 

15 either House or both Houses of Congress, or any 

16 agency, commission, or officer authorized by the 

17 laws of the United States to hear evidence or take 

18 testimony, or with intent to influence such person to 

19 absent himself therefrom; or 

20 ‘‘(4) corruptly demands, seeks, receives, ac21 cepts, or agrees to receive or accept anything of 

22 value personally or for any other person or entity in 

23 return for being influenced in testimony under oath 

24 or affirmation as a witness upon any such trial, 


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•HR 1860 IH

1 hearing, or other proceeding, or in return for absent2 ing himself therefrom; 

3 shall be imprisoned for not more than fifteen years and 

4 may be disqualified from holding any office of honor, 

5 trust, or profit under the United States. 

6 ‘‘(c) UNLAWFUL REWARDS.—Whoever— 

7 ‘‘(1) otherwise than as provided by law for the 

8 proper discharge of official duty— 

9 ‘‘(A) gives, offers, or promises anything of 

10 value to any public official, former public offi11 cial, or person selected to be a public official, 

12 for or because of any official act performed or 

13 to be performed by such public official, former 

14 public official, or person selected to be a public 

15 official; or 

16 ‘‘(B) being a public official, former public 

17 official, or person selected to be a public offi18 cial, otherwise than as provided by law for the 

19 proper discharge of official duty, demands, 

20 seeks, receives, accepts, or agrees to receive or 

21 accept anything of value personally for or be22 cause of any official act performed or to be per23 formed by such official or person; 

24 ‘‘(2) gives, offers, or promises anything of value 

25 to any person, for or because of the testimony under 


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•HR 1860 IH

1 oath or affirmation given or to be given by such per2 son as a witness upon a trial, hearing, or other pro3 ceeding, before any court, any committee of either 

4 House or both Houses of Congress, or any agency, 

5 commission, or officer authorized by the laws of the 

6 United States to hear evidence or take testimony, or 

7 for or because of such person’s absence therefrom; 

8 ‘‘(3) demands, seeks, receives, accepts, or 

9 agrees to receive or accept anything of value person10 ally for or because of the testimony under oath or 

11 affirmation given or to be given by such person as 

12 a witness upon any such trial, hearing, or other pro13 ceeding, or for or because of such person’s absence 

14 therefrom; 

15 shall be imprisoned for not more than two years. 

16 ‘‘(d) EXCLUSION.—Paragraphs (3) and (4) of sub17 section (b) and paragraphs (2) and (3) of subsection (c) 

18 shall not be construed to prohibit the payment or receipt 

19 of witness fees provided by law, or the payment, by the 

20 party upon whose behalf a witness is called and receipt 

21 by a witness, of the reasonable cost of travel and subsist22 ence incurred and the reasonable value of time lost in at23 tendance at any such trial, hearing, or proceeding, or in 

24 the case of expert witnesses, a reasonable fee for time 


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•HR 1860 IH

1 spent in the preparation of such opinion, and in appearing 

2 and testifying. 

3 ‘‘§ 992. Definitions for certain sections 

4 ‘‘(a) SECTIONS 993, 995, 997, 998, AND 999.—For 

5 the purpose of sections 993, 995, 997, 998, and 999 the 

6 term ‘special Government employee’ means— 

7 ‘‘(1) an officer or employee of the executive or 

8 legislative branch of the United States Government, 

9 of any independent agency of the United States or 

10 of the District of Columbia, who is retained, des11 ignated, appointed, or employed to perform, with or 

12 without compensation, for not to exceed one 130 

13 during any period of 365 consecutive days, tem14 porary duties either on a full-time or intermittent 

15 basis, a part-time United States commissioner, a 

16 part-time United States magistrate judge, or, re17 gardless of the number of days of appointment, an 

18 independent counsel appointed under chapter 40 of 

19 title 28 and any person appointed by that inde20 pendent counsel under section 594(c) of title 28; 

21 ‘‘(2) every person serving as a part-time local 

22 representative of a Member of Congress in the Mem23 ber’s home district or State; and 

24 ‘‘(3) notwithstanding sections 502, 2105(d), 

25 and 5534 of title 5, a Reserve officer of the Armed 


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•HR 1860 IH

1 Forces, or an officer of the National Guard of the 

2 United States, unless otherwise an officer or em3 ployee of the United States, while on active duty 

4 solely for training; 

5 except that a Reserve officer of the Armed Forces or an 

6 officer of the National Guard of the United States who 

7 is voluntarily serving a period of extended active duty in 

8 excess of 130 days shall be classified as an officer of the 

9 United States within the meaning of section 993 and sec10 tions 995 through 999 and 1005, and a Reserve officer 

11 of the Armed Forces or an officer of the National Guard 

12 of the United States who is serving involuntarily shall be 

13 classified as a special Government employee. The terms 

14 ‘officer or employee’ and ‘special Government employee’ 

15 as used in sections 993, 995, 997 through 999, and 1005, 

16 does not include enlisted members of the Armed Forces. 

17 ‘‘(b) SECTIONS 995 AND 997.—For the purposes of 

18 sections 995 and 997, the term ‘official responsibility’ 

19 means the direct administrative or operating authority, 

20 whether intermediate or final, and either exercisable alone 

21 or with others, and either personally or through subordi22 nates, to approve, disapprove, or otherwise direct Govern23 ment action. 

24 ‘‘(c) EXCLUSION FROM ‘OFFICER’ AND ‘EM25 PLOYEE’.—Except as otherwise provided in such sections, 


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•HR 1860 IH

1 the terms ‘officer’ and ‘employee’ in sections 993, 995, 

2 997 through 999, and 1005 does not include the Presi3 dent, the Vice President, a Member of Congress, or a Fed4 eral judge. 

5 ‘‘(d) ‘MEMBER OF CONGRESS’.—The term ‘Member 

6 of Congress’ in sections 994 and 997 means— 

7 ‘‘(1) a United States Senator; and 

8 ‘‘(2) a Representative in, or a Delegate or Resi9 dent Commissioner to, the House of Representatives. 

10 ‘‘(e) ADDITIONAL DEFINITIONS.—As used in this 

11 subchapter— 

12 ‘‘(1) the term ‘executive branch’ includes each 

13 executive agency as defined in title 5, and any other 

14 entity or administrative unit in the executive branch; 

15 ‘‘(2) the term ‘judicial branch’ means the Su16 preme Court of the United States; the United States 

17 courts of appeals; the United States district courts; 

18 the Court of International Trade; the United States 

19 bankruptcy courts; any court created pursuant to ar20 ticle I of the United States Constitution, including 

21 the Court of Appeals for the Armed Forces, the 

22 United States Court of Federal Claims, and the 

23 United States Tax Court, but not including a court 

24 of a territory or possession of the United States; the 


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•HR 1860 IH

1 Federal Judicial Center; and any other agency, of2 fice, or entity in the judicial branch; and 

3 ‘‘(3) the term ‘legislative branch’ means— 

4 ‘‘(A) the Congress; and 

5 ‘‘(B) the Office of the Architect of the 

6 Capitol, the United States Botanic Garden, the 

7 Government Accountability Office, the Govern8 ment Printing Office, the Library of Congress, 

9 the Office of Technology Assessment, the Con10 gressional Budget Office, the United States 

11 Capitol Police, and any other agency, entity, of12 fice, or commission established in the legislative 

13 branch. 

14 ‘‘§ 993. Compensation to Members of Congress, offi15 cers, and others in matters affecting the 

16 Government 

17 ‘‘(a) FEDERAL MATTERS.—Whoever, otherwise than 

18 as provided by law for the proper discharge of official du19 ties— 

20 ‘‘(1) demands, seeks, receives, accepts, or 

21 agrees to receive or accept any compensation for any 

22 representational services, as agent or attorney or 

23 otherwise, rendered or to be rendered either person24 ally or by another— 


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•HR 1860 IH

1 ‘‘(A) at a time when such person is a 

2 Member of Congress, Member of Congress 

3 Elect, Delegate, Delegate Elect, Resident Com4 missioner, or Resident Commissioner Elect; or 

5 ‘‘(B) at a time when such person is an offi6 cer or employee or Federal judge of the United 

7 States in the executive, legislative, or judicial 

8 branch of the Government, or in any agency of 

9 the United States, 

10 in relation to any proceeding, application, request 

11 for a ruling or other determination, contract, claim, 

12 controversy, charge, accusation, arrest, or other par13 ticular matter in which the United States is a party 

14 or has a direct and substantial interest, before any 

15 department, agency, court, court-martial, officer, or 

16 any civil, military, or naval commission; or 

17 ‘‘(2) knowingly gives, promises, or offers any 

18 compensation for any such representational services 

19 rendered or to be rendered at a time when the per20 son to whom the compensation is given, promised, or 

21 offered, is or was such a Member, Member Elect, 

22 Delegate, Delegate Elect, Commissioner, Commis23 sioner Elect, Federal judge, officer, or employee; 

24 shall be subject to the penalties set forth in section 1004. 


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1 ‘‘(b) DISTRICT OF COLUMBIA.—Whoever, otherwise 

2 than as provided by law for the proper discharge of official 

3 duties— 

4 ‘‘(1) demands, seeks, receives, accepts, or 

5 agrees to receive or accept any compensation for any 

6 representational services, as agent or attorney or 

7 otherwise, rendered or to be rendered either person8 ally or by another, at a time when such person is an 

9 officer or employee of the District of Columbia, in 

10 relation to any proceeding, application, request for a 

11 ruling or other determination, contract, claim, con12 troversy, charge, accusation, arrest, or other par13 ticular matter in which the District of Columbia is 

14 a party or has a direct and substantial interest, be15 fore any department, agency, court, officer, or com16 mission; or 

17 ‘‘(2) knowingly gives, promises, or offers any 

18 compensation for any such representational services 

19 rendered or to be rendered at a time when the per20 son to whom the compensation is given, promised, or 

21 offered, is or was an officer or employee of the Dis22 trict of Columbia; 

23 shall be subject to the penalties set forth in section 1004. 

24 ‘‘(c) SPECIAL GOVERNMENT EMPLOYEES.—A special 

25 Government employee shall be subject to subsections (a) 


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1 and (b) only in relation to a particular matter involving 

2 a specific party or parties— 

3 ‘‘(1) in which such employee has at any time 

4 participated personally and substantially as a Gov5 ernment employee or as a special Government em6 ployee through decision, approval, disapproval, rec7 ommendation, the rendering of advice, investigation 

8 or otherwise; or 

9 ‘‘(2) which is pending in the department or 

10 agency of the Government in which such employee is 

11 serving except that paragraph (2) of this subsection 

12 does not apply in the case of a special Government 

13 employee who has served in such department or 

14 agency no more than sixty days during the imme15 diately preceding period of three hundred and sixty16 five consecutive days. 

17 ‘‘(d) EXCLUSION.—Nothing in this section prevents 

18 an officer or employee, including a special Government 

19 employee, from acting, with or without compensation, as 

20 agent or attorney for or otherwise representing his par21 ents, spouse, child, or any person for whom, or for any 

22 estate for which, he is serving as guardian, executor, ad23 ministrator, trustee, or other personal fiduciary except— 

24 ‘‘(1) in those matters in which he has partici25 pated personally and substantially as a Government 


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1 employee or as a special Government employee 

2 through decision, approval, disapproval, rec3 ommendation, the rendering of advice, investigation, 

4 or otherwise; or 

5 ‘‘(2) in those matters that are the subject of his 

6 official responsibility, 

7 subject to approval by the Government official responsible 

8 for appointment to his position. 

9 ‘‘(e) CERTIFICATION OF NATIONAL INTEREST.— 

10 Nothing in this section prevents a special Government em11 ployee from acting as agent or attorney for another person 

12 in the performance of work under a grant by, or a contract 

13 with or for the benefit of, the United States if the head 

14 of the department or agency concerned with the grant or 

15 contract certifies in writing that the national interest so 

16 requires and publishes such certification in the Federal 

17 Register. 

18 ‘‘(f) TESTIMONY AND STATEMENTS.—Nothing in this 

19 section prevents an individual from giving testimony under 

20 oath or from making statements required to be made 

21 under penalty of perjury. 


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1 ‘‘§ 994. Practice in United States Court of Federal 

2 Claims or the United States Court of Ap3 peals for the Federal circuit by Members 

4 of Congress 

5 ‘‘Whoever, being a Member of Congress or Member 

6 of Congress Elect, practices in the United States Court 

7 of Federal Claims or the United States Court of Appeals 

8 for the Federal Circuit shall be subject to the penalties 

9 set forth in section 1004. 

10 ‘‘§ 995. Activities of officers and employees in claims 

11 against and other matters affecting the 

12 Government 

13 ‘‘(a) FEDERAL MATTERS.—Whoever, being an officer 

14 or employee of the United States in the executive, legisla15 tive, or judicial branch of the Government or in any agen16 cy of the United States, other than in the proper discharge 

17 of his official duties— 

18 ‘‘(1) acts as agent or attorney for prosecuting 

19 any claim against the United States, or receives any 

20 gratuity, or any share of or interest in any such 

21 claim, in consideration of assistance in the prosecu22 tion of such claim; or 

23 ‘‘(2) acts as agent or attorney for anyone before 

24 any department, agency, court, court-martial, offi25 cer, or civil, military, or naval commission in connec26 tion with any covered matter in which the United 


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1 States is a party or has a direct and substantial in2 terest; 

3 shall be subject to the penalties set forth in section 1004. 

4 ‘‘(b) DISTRICT OF COLUMBIA.—Whoever, being an 

5 officer or employee of the District of Columbia or an offi6 cer or employee of the Office of the United States Attor7 ney for the District of Columbia, otherwise than in the 

8 proper discharge of official duties— 

9 ‘‘(1) acts as agent or attorney for prosecuting 

10 any claim against the District of Columbia, or re11 ceives any gratuity, or any share of or interest in 

12 any such claim in consideration of assistance in the 

13 prosecution of such claim; or 

14 ‘‘(2) acts as agent or attorney for anyone before 

15 any department, agency, court, officer, or commis16 sion in connection with any covered matter in which 

17 the District of Columbia is a party or has a direct 

18 and substantial interest; 

19 shall be subject to the penalties set forth in section 1004. 

20 ‘‘(c) SPECIAL GOVERNMENT EMPLOYEES.—A special 

21 Government employee shall be subject to subsections (a) 

22 and (b) only in relation to a covered matter involving a 

23 specific party or parties— 

24 ‘‘(1) in which he has at any time participated 

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1 ployee or special Government employee through deci2 sion, approval, disapproval, recommendation, the 

3 rendering of advice, investigation, or otherwise; or 

4 ‘‘(2) which is pending in the department or 

5 agency of the Government in which he is serving. 

6 Paragraph (2) does not apply in the case of a special Gov7 ernment employee who has served in such department or 

8 agency no more than sixty days during the immediately 

9 preceding period of three hundred and sixty-five consecu10 tive days. 

11 ‘‘(d) EXCLUSION WITH RESPECT TO CERTAIN PER12 SONS.— 

13 ‘‘(1) GENERALLY.—Nothing in subsection (a) 

14 or (b) prevents an officer or employee, if not incon15 sistent with the faithful performance of that officer’s 

16 or employee’s duties, from acting without compensa17 tion as agent or attorney for, or otherwise rep18 resenting— 

19 ‘‘(A) any person who is the subject of dis20 ciplinary, loyalty, or other personnel adminis21 tration proceedings in connection with those 

22 proceedings; or 

23 ‘‘(B) except as provided in paragraph (2), 

24 any cooperative, voluntary, professional, rec25 reational, or similar organization or group not 


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1 established or operated for profit, if a majority 

2 of the organization’s or group’s members are 

3 current officers or employees of the United 

4 States or of the District of Columbia, or their 

5 spouses or dependent children. 

6 ‘‘(2) EXCEPTION.—Paragraph (1)(B) does not 

7 apply with respect to a covered matter that— 

8 ‘‘(A) is a claim under subsection (a)(1) or 

9 (b)(1); 

10 ‘‘(B) is a judicial or administrative pro11 ceeding where the organization or group is a 

12 party; or 

13 ‘‘(C) involves a grant, contract, or other 

14 agreement (including a request for any such 

15 grant, contract, or agreement) providing for the 

16 disbursement of Federal funds to the organiza17 tion or group. 

18 ‘‘(e) EXCLUSION WITH RESPECT FAMILY MEM19 BERS.—Nothing in subsection (a) or (b) prevents an offi20 cer or employee, including a special Government employee, 

21 from acting, with or without compensation, as agent or 

22 attorney for, or otherwise representing, his parents, 

23 spouse, child, or any person for whom, or for any estate 

24 for which, he is serving as guardian, executor, adminis25 trator, trustee, or other personal fiduciary except— 


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1 ‘‘(1) in those matters in which he has partici2 pated personally and substantially as a Government 

3 employee or special Government employee through 

4 decision, approval, disapproval, recommendation, the 

5 rendering of advice, investigation, or otherwise, or 

6 ‘‘(2) in those matters which are the subject of 

7 his official responsibility, 

8 subject to approval by the Government official responsible 

9 for appointment to his position. 

10 ‘‘(f) CERTIFICATION OF NATIONAL INTEREST.— 

11 Nothing in subsection (a) or (b) prevents a special Govern12 ment employee from acting as agent or attorney for an13 other person in the performance of work under a grant 

14 by, or a contract with or for the benefit of, the United 

15 States if the head of the department or agency concerned 

16 with the grant or contract certifies in writing that the na17 tional interest so requires and publishes such certification 

18 in the Federal Register. 

19 ‘‘(g) TESTIMONY AND STATEMENTS.—Nothing in 

20 this section prevents an officer or employee from giving 

21 testimony under oath or from making statements required 

22 to be made under penalty for perjury or contempt. 

23 ‘‘(h) DEFINITION.—For the purpose of this section, 

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1 mination, contract, claim, controversy, investigation, 

2 charge, accusation, arrest, or other particular matter. 

3 ‘‘(i) ADDITIONAL EXCLUSIONS.—Nothing in this sec4 tion prevents an employee from acting pursuant to— 

5 ‘‘(1) chapter 71 of title 5; 

6 ‘‘(2) section 1004 or chapter 12 of title 39; 

7 ‘‘(3) section 3 of the Tennessee Valley Author8 ity Act of 1933; 

9 ‘‘(4) chapter 10 of title I of the Foreign Service 

10 Act of 1980; or 

11 ‘‘(5) any provision of any other Federal or Dis12 trict of Columbia law that authorizes labor-manage13 ment relations between an agency or instrumentality 

14 of the United States or the District of Columbia and 

15 any labor organization that represents its employees. 

16 ‘‘§ 996. Exemption of retired officers of the uniformed 

17 services 

18 ‘‘Sections 993 and 995 do not apply to a retired offi19 cer of the uniformed services of the United States while 

20 not on active duty and not otherwise an officer or em21 ployee of the United States, or to any person specially ex22 cepted by Act of Congress. 


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1 ‘‘§ 997. Restrictions on former officers, employees, 

2 and elected officials of the executive and 

3 legislative branches 

4 ‘‘(a) RESTRICTIONS ON ALL OFFICERS AND EMPLOY5 EES OF THE EXECUTIVE BRANCH AND CERTAIN OTHER

6 AGENCIES.— 

7 ‘‘(1) PERMANENT RESTRICTIONS ON REP8 RESENTATION ON PARTICULAR MATTERS.—Whoever 

9 is an officer or employee (including any special Gov10 ernment employee) of the executive branch of the 

11 United States (including any independent agency of 

12 the United States), or of the District of Columbia, 

13 and who, after the termination of his or her service 

14 or employment with the United States or the Dis15 trict of Columbia, knowingly makes, with the intent 

16 to influence, any communication to or appearance 

17 before any officer or employee of any department, 

18 agency, court, or court-martial of the United States 

19 or the District of Columbia, on behalf of any other 

20 person (except the United States or the District of 

21 Columbia) in connection with a particular matter— 

22 ‘‘(A) in which the United States or the 

23 District of Columbia is a party or has a direct 

24 and substantial interest, 


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1 ‘‘(B) in which the person participated per2 sonally and substantially as such officer or em3 ployee, and 

4 ‘‘(C) which involved a specific party or spe5 cific parties at the time of such participation, 

6 shall be punished as provided in section 1004. 

7 ‘‘(2) TWO-YEAR RESTRICTIONS CONCERNING

8 PARTICULAR MATTERS UNDER OFFICIAL RESPONSI9 BILITY.—Any person subject to the restrictions con10 tained in paragraph (1) who, within 2 years after 

11 the termination of his or her service or employment 

12 with the United States or the District of Columbia, 

13 knowingly makes, with the intent to influence, any 

14 communication to or appearance before any officer 

15 or employee of any department, agency, court, or 

16 court-martial of the United States or the District of 

17 Columbia, on behalf of any other person (except the 

18 United States or the District of Columbia), in con19 nection with a particular matter— 

20 ‘‘(A) in which the United States or the 

21 District of Columbia is a party or has a direct 

22 and substantial interest, 

23 ‘‘(B) which such person knows or reason24 ably should know was actually pending under 

25 his or her official responsibility as such officer 


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1 or employee within a period of 1 year before the 

2 termination of his or her service or employment 

3 with the United States or the District of Co4 lumbia, and 

5 ‘‘(C) which involved a specific party or spe6 cific parties at the time it was so pending, 

7 shall be punished as provided in section 1004. 

8 ‘‘(3) CLARIFICATION OF RESTRICTIONS.—The 

9 restrictions contained in paragraphs (1) and (2) 

10 apply— 

11 ‘‘(A) in the case of an officer or employee 

12 of the executive branch of the United States 

13 (including any independent agency), only with 

14 respect to communications to or appearances 

15 before any officer or employee of any depart16 ment, agency, court, or court-martial of the 

17 United States on behalf of any other person 

18 (except the United States), and only with re19 spect to a matter in which the United States is 

20 a party or has a direct and substantial interest; 

21 and 

22 ‘‘(B) in the case of an officer or employee 

23 of the District of Columbia, only with respect to 

24 communications to or appearances before any 

25 officer or employee of any department, agency, 


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1 or court of the District of Columbia on behalf 

2 of any other person (except the District of Co3 lumbia), and only with respect to a matter in 

4 which the District of Columbia is a party or has 

5 a direct and substantial interest. 

6 ‘‘(b) ONE-YEAR RESTRICTIONS ON AIDING OR AD7 VISING.— 

8 ‘‘(1) IN GENERAL.—Any person who is a 

9 former officer or employee of the executive branch of 

10 the United States (including any independent agen11 cy) and is subject to the restrictions contained in 

12 subsection (a)(1), or any person who is a former of13 ficer or employee of the legislative branch or a 

14 former Member of Congress, who personally and 

15 substantially participated in any ongoing trade or 

16 treaty negotiation on behalf of the United States 

17 within the 1-year period preceding the date on which 

18 his or her service or employment with the United 

19 States terminated, and who had access to informa20 tion concerning such trade or treaty negotiation 

21 which is exempt from disclosure under section 552 

22 of title 5, which is so designated by the appropriate 

23 department or agency, and which the person knew 

24 or should have known was so designated, shall not, 

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1 resent, aid, or advise any other person (except the 

2 United States) concerning such ongoing trade or 

3 treaty negotiation for a period of 1 year after his or 

4 her service or employment with the United States 

5 terminates. Whoever violates this subsection shall be 

6 punished as provided in section 1004. 

7 ‘‘(2) DEFINITION.—For purposes of this para8 graph— 

9 ‘‘(A) the term ‘trade negotiation’ means 

10 negotiations which the President determines to 

11 undertake to enter into a trade agreement pur12 suant to section 1102 of the Omnibus Trade 

13 and Competitiveness Act of 1988, and does not 

14 include any action taken before that determina15 tion is made; and 

16 ‘‘(B) the term ‘treaty’ means an inter17 national agreement made by the President that 

18 requires the advice and consent of the Senate. 

19 ‘‘(c) ONE-YEAR RESTRICTIONS ON CERTAIN SENIOR

20 PERSONNEL OF THE EXECUTIVE BRANCH AND INDE21 PENDENT AGENCIES.— 

22 ‘‘(1) RESTRICTIONS.—In addition to the restric23 tions set forth in subsections (a) and (b), any person 

24 who is an officer or employee (including any special 

25 Government employee) of the executive branch of the 


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1 United States (including an independent agency), 

2 who is referred to in paragraph (2), and who, within 

3 1 year after the termination of his or her service or 

4 employment as such officer or employee, knowingly 

5 makes, with the intent to influence, any communica6 tion to or appearance before any officer or employee 

7 of the department or agency in which such person 

8 served within 1 year before such termination, on be9 half of any other person (except the United States), 

10 in connection with any matter on which such person 

11 seeks official action by any officer or employee of 

12 such department or agency, shall be punished as 

13 provided in section 1004. 

14 ‘‘(2) PERSONS TO WHOM RESTRICTIONS

15 APPLY.—(A) Paragraph (1) applies to a person 

16 (other than a person subject to the restrictions of 

17 subsection (d))— 

18 ‘‘(i) employed at a rate of pay specified in 

19 or fixed according to subchapter II of chapter 

20 53 of title 5, 

21 ‘‘(ii) employed in a position which is not 

22 referred to in clause (i) and for which that per23 son is paid at a rate of basic pay which is equal 

24 to or greater than 86.5 percent of the rate of 

25 basic pay for level II of the Executive Schedule, 


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1 or, for a period of 2 years following the enact2 ment of the National Defense Authorization Act 

3 for Fiscal Year 2004, a person who, on the day 

4 prior to the enactment of that Act, was em5 ployed in a position which is not referred to in 

6 clause (i) and for which the rate of basic pay, 

7 exclusive of any locality-based pay adjustment 

8 under section 5304 or section 5304a of title 5, 

9 was equal to or greater than the rate of basic 

10 pay payable for level 5 of the Senior Executive 

11 Service on the day prior to the enactment of 

12 that Act, 

13 ‘‘(iii) appointed by the President to a posi14 tion under section 105(a)(2)(B) of title 3 or by 

15 the Vice President to a position under section 

16 106(a)(1)(B) of title 3, 

17 ‘‘(iv) employed in a position which is held 

18 by an active duty commissioned officer of the 

19 uniformed services who is serving in a grade or 

20 rank for which the pay grade (as specified in 

21 section 201 of title 37) is pay grade O–7 or 

22 above, or 

23 ‘‘(v) assigned from a private sector organi24 zation to an agency under chapter 37 of title 5. 


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1 ‘‘(B) Paragraph (1) does not apply to a special 

2 Government employee who serves less than 60 days 

3 in the 1-year period before his or her service or em4 ployment as such employee terminates. 

5 ‘‘(C) At the request of a department or agency, 

6 the Director of the Office of Government Ethics may 

7 waive the restrictions contained in paragraph (1) 

8 with respect to any position, or category of positions, 

9 referred to in clause (ii) or (iv) of subparagraph (A), 

10 in such department or agency if the Director deter11 mines that— 

12 ‘‘(i) the imposition of the restrictions with 

13 respect to such position or positions would cre14 ate an undue hardship on the department or 

15 agency in obtaining qualified personnel to fill 

16 such position or positions, and 

17 ‘‘(ii) granting the waiver would not create 

18 the potential for use of undue influence or un19 fair advantage. 

20 ‘‘(3) MEMBERS OF THE INDEPENDENT MEDI21 CARE ADVISORY BOARD.— 

22 ‘‘(A) IN GENERAL.—Paragraph (1) applies 

23 to a member of the Independent Medicare Advi24 sory Board under section 1899A of the Social 

25 Security Act. 


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1 ‘‘(B) AGENCIES AND CONGRESS.—For pur2 poses of paragraph (1), the agency in which the 

3 individual described in subparagraph (A) served 

4 shall be considered to be the Independent Medi5 care Advisory Board, the Department of Health 

6 and Human Services, and the relevant commit7 tees of jurisdiction of Congress, including the 

8 Committee on Ways and Means and the Com9 mittee on Energy and Commerce of the House 

10 of Representatives and the Committee on Fi11 nance of the Senate.’’. 

12 ‘‘(d) RESTRICTIONS ON VERY SENIOR PERSONNEL

13 OF THE EXECUTIVE BRANCH AND INDEPENDENT AGEN14 CIES.— 

15 ‘‘(1) RESTRICTIONS.—In addition to the restric16 tions set forth in subsections (a) and (b), any person 

17 who— 

18 ‘‘(A) serves in the position of Vice Presi19 dent of the United States, 

20 ‘‘(B) is employed in a position in the exec21 utive branch of the United States (including 

22 any independent agency) at a rate of pay pay23 able for level I of the Executive Schedule or em24 ployed in a position in the Executive Office of 


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1 the President at a rate of pay payable for level 

2 II of the Executive Schedule, or 

3 ‘‘(C) is appointed by the President to a po4 sition under section 105(a)(2)(A) of title 3 or 

5 by the Vice President to a position under sec6 tion 106(a)(1)(A) of title 3, 

7 and who, within 2 years after the termination of 

8 that person’s service in that position, knowingly 

9 makes, with the intent to influence, any communica10 tion to or appearance before any person described in 

11 paragraph (2), on behalf of any other person (except 

12 the United States), in connection with any matter on 

13 which such person seeks official action by any officer 

14 or employee of the executive branch of the United 

15 States, shall be punished as provided in section 

16 1004. 

17 ‘‘(2) PERSONS WHO MAY NOT BE CON18 TACTED.—The persons referred to in paragraph (1) 

19 with respect to appearances or communications by a 

20 person in a position described in subparagraph (A), 

21 (B), or (C) of paragraph (1) are— 

22 ‘‘(A) any officer or employee of any de23 partment or agency in which such person served 

24 in such position within a period of 1 year before 


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1 such person’s service or employment with the 

2 United States Government terminated, and 

3 ‘‘(B) any person appointed to a position in 

4 the executive branch which is listed in section 

5 5312, 5313, 5314, 5315, or 5316 of title 5. 

6 ‘‘(e) RESTRICTIONS ON MEMBERS OF CONGRESS AND

7 OFFICERS AND EMPLOYEES OF THE LEGISLATIVE

8 BRANCH.— 

9 ‘‘(1) MEMBERS OF CONGRESS AND ELECTED

10 OFFICERS OF THE HOUSE.— 

11 ‘‘(A) SENATORS.—Any person who is a 

12 Senator and who, within 2 years after that per13 son leaves office, knowingly makes, with the in14 tent to influence, any communication to or ap15 pearance before any Member, officer, or em16 ployee of either House of Congress or any em17 ployee of any other legislative office of the Con18 gress, on behalf of any other person (except the 

19 United States) in connection with any matter 

20 on which such former Senator seeks action by 

21 a Member, officer, or employee of either House 

22 of Congress, in his or her official capacity, shall 

23 be punished as provided in section 1004. 

24 ‘‘(B) MEMBERS AND OFFICERS OF THE

25 HOUSE OF REPRESENTATIVES.—(i) Any person 


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1 who is a Member of the House of Representa2 tives or an elected officer of the House of Rep3 resentatives and who, within 1 year after that 

4 person leaves office, knowingly makes, with the 

5 intent to influence, any communication to or 

6 appearance before any of the persons described 

7 in clause (ii) or (iii), on behalf of any other per8 son (except the United States) in connection 

9 with any matter on which such former Member 

10 of Congress or elected officer seeks action by a 

11 Member, officer, or employee of either House of 

12 Congress, in his or her official capacity, shall be 

13 punished as provided in section 1004. 

14 ‘‘(ii) The persons referred to in clause (i) 

15 with respect to appearances or communications 

16 by a former Member of the House of Rep17 resentatives are any Member, officer, or em18 ployee of either House of Congress and any em19 ployee of any other legislative office of the Con20 gress. 

21 ‘‘(iii) The persons referred to in clause (i) 

22 with respect to appearances or communications 

23 by a former elected officer are any Member, of24 ficer, or employee of the House of Representa25 tives. 


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1 ‘‘(2) OFFICERS AND STAFF OF THE SENATE.— 

2 Any person who is an elected officer of the Senate, 

3 or an employee of the Senate to whom paragraph 

4 (7)(A) applies, and who, within 1 year after that 

5 person leaves office or employment, knowingly 

6 makes, with the intent to influence, any communica7 tion to or appearance before any Senator or any offi8 cer or employee of the Senate, on behalf of any other 

9 person (except the United States) in connection with 

10 any matter on which such former elected officer or 

11 former employee seeks action by a Senator or an of12 ficer or employee of the Senate, in his or her official 

13 capacity, shall be punished as provided in section 

14 1004. 

15 ‘‘(3) PERSONAL STAFF.—(A) Any person who is 

16 an employee of a Member of the House of Rep17 resentatives to whom paragraph (7)(A) applies and 

18 who, within 1 year after the termination of that em19 ployment, knowingly makes, with the intent to influ20 ence, any communication to or appearance before 

21 any of the persons described in subparagraph (B), 

22 on behalf of any other person (except the United 

23 States) in connection with any matter on which such 

24 former employee seeks action by a Member, officer, 

25 or employee of either House of Congress, in his or 


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1 her official capacity, shall be punished as provided in 

2 section 1004. 

3 ‘‘(B) The persons referred to in subparagraph 

4 (A) with respect to appearances or communications 

5 by a person who is a former employee are the fol6 lowing: 

7 ‘‘(i) The Member of the House of Rep8 resentatives for whom that person was an em9 ployee. 

10 ‘‘(ii) Any employee of that Member of the 

11 House of Representatives. 

12 ‘‘(4) COMMITTEE STAFF.—Any person who is 

13 an employee of a committee of the House of Rep14 resentatives, or an employee of a joint committee of 

15 the Congress whose pay is disbursed by the Clerk of 

16 the House of Representatives, to whom paragraph 

17 (7)(A) applies and who, within 1 year after the ter18 mination of that person’s employment on such com19 mittee or joint committee (as the case may be), 

20 knowingly makes, with the intent to influence, any 

21 communication to or appearance before any person 

22 who is a Member or an employee of that committee 

23 or joint committee (as the case may be) or who was 

24 a Member of the committee or joint committee (as 

25 the case may be) in the year immediately prior to 


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1 the termination of such person’s employment by the 

2 committee or joint committee (as the case may be), 

3 on behalf of any other person (except the United 

4 States) in connection with any matter on which such 

5 former employee seeks action by a Member, officer, 

6 or employee of either House of Congress, in his or 

7 her official capacity, shall be punished as provided in 

8 section 1004. 

9 ‘‘(5) LEADERSHIP STAFF.—(A) Any person who 

10 is an employee on the leadership staff of the House 

11 of Representatives to whom paragraph (7)(A) ap12 plies and who, within 1 year after the termination 

13 of that person’s employment on such staff, know14 ingly makes, with the intent to influence, any com15 munication to or appearance before any of the per16 sons described in subparagraph (B), on behalf of 

17 any other person (except the United States) in con18 nection with any matter on which such former em19 ployee seeks action by a Member, officer, or em20 ployee of either House of Congress, in his or her of21 ficial capacity, shall be punished as provided in sec22 tion 1004. 

23 ‘‘(B) The persons referred to in subparagraph 

24 (A) with respect to appearances or communications 

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1 ship of the House of Representatives and any em2 ployee on the leadership staff of the House of Rep3 resentatives. 

4 ‘‘(6) OTHER LEGISLATIVE OFFICES.—(A) Any 

5 person who is an employee of any other legislative 

6 office of the Congress to whom paragraph (7)(B) ap7 plies and who, within 1 year after the termination 

8 of that person’s employment in such office, know9 ingly makes, with the intent to influence, any com10 munication to or appearance before any of the per11 sons described in subparagraph (B), on behalf of 

12 any other person (except the United States) in con13 nection with any matter on which such former em14 ployee seeks action by any officer or employee of 

15 such office, in his or her official capacity, shall be 

16 punished as provided in section 1004. 

17 ‘‘(B) The persons referred to in subparagraph 

18 (A) with respect to appearances or communications 

19 by a former employee are the employees and officers 

20 of the former legislative office of the Congress of the 

21 former employee. 

22 ‘‘(7) LIMITATION ON RESTRICTIONS.—(A) The 

23 restrictions contained in paragraphs (2), (3), (4), 

24 and (5) apply only to acts by a former employee 

25 who, for at least 60 days, in the aggregate, during 


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1 the 1-year period before that former employee’s serv2 ice as such employee terminated, was paid a rate of 

3 basic pay equal to or greater than an amount which 

4 is 75 percent of the basic rate of pay payable for a 

5 Member of the House of Congress in which such em6 ployee was employed. 

7 ‘‘(B) The restrictions contained in paragraph 

8 (6) apply only to acts by a former employee who, for 

9 at least 60 days, in the aggregate, during the 1-year 

10 period before that former employee’s service as such 

11 employee terminated, was employed in a position for 

12 which the rate of basic pay, exclusive of any locality13 based pay adjustment under section 5302 of title 5, 

14 is equal to or greater than the basic rate of pay pay15 able for level IV of the Executive Schedule. 

16 ‘‘(8) EXCEPTION.—This subsection does not 

17 apply to contacts with the staff of the Secretary of 

18 the Senate or the Clerk of the House of Representa19 tives regarding compliance with lobbying disclosure 

20 requirements under the Lobbying Disclosure Act of 

21 1995. 

22 ‘‘(9) DEFINITIONS.—As used in this sub23 section— 


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1 ‘‘(A) the term ‘committee of Congress’ in2 cludes standing committees, joint committees, 

3 and select committees; 

4 ‘‘(B) a person is an employee of a House 

5 of Congress if that person is an employee of the 

6 Senate or an employee of the House of Rep7 resentatives; 

8 ‘‘(C) the term ‘employee of the House of 

9 Representatives’ means an employee of a Mem10 ber of the House of Representatives, an em11 ployee of a committee of the House of Rep12 resentatives, an employee of a joint committee 

13 of the Congress whose pay is disbursed by the 

14 Clerk of the House of Representatives, and an 

15 employee on the leadership staff of the House 

16 of Representatives; 

17 ‘‘(D) the term ‘employee of the Senate’ 

18 means an employee of a Senator, an employee 

19 of a committee of the Senate, an employee of a 

20 joint committee of the Congress whose pay is 

21 disbursed by the Secretary of the Senate, and 

22 an employee on the leadership staff of the Sen23 ate; 

24 ‘‘(E) a person is an employee of a Member 

25 of the House of Representatives if that person 


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1 is an employee of a Member of the House of 

2 Representatives under the clerk hire allowance; 

3 ‘‘(F) a person is an employee of a Senator 

4 if that person is an employee in a position in 

5 the office of a Senator; 

6 ‘‘(G) the term ‘employee of any other legis7 lative office of the Congress’ means an officer 

8 or employee of the Architect of the Capitol, the 

9 United States Botanic Garden, the Government 

10 Accountability Office, the Government Printing 

11 Office, the Library of Congress, the Office of 

12 Technology Assessment, the Congressional 

13 Budget Office, the United States Capitol Police, 

14 and any other agency, entity, or office in the 

15 legislative branch not covered by paragraph (1), 

16 (2), (3), (4), or (5) of this subsection; 

17 ‘‘(H) the term ‘employee on the leadership 

18 staff of the House of Representatives’ means an 

19 employee of the office of a Member of the lead20 ership of the House of Representatives de21 scribed in subparagraph (L), and any elected 

22 minority employee of the House of Representa23 tives; 

24 ‘‘(I) the term ‘employee on the leadership 

25 staff of the Senate’ means an employee of the 


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1 office of a Member of the leadership of the Sen2 ate described in subparagraph (M); 

3 ‘‘(J) the term ‘Member of Congress’ means 

4 a Senator or a Member of the House of Rep5 resentatives; 

6 ‘‘(K) the term ‘Member of the House of 

7 Representatives’ means a Representative in, or 

8 a Delegate or Resident Commissioner to, the 

9 Congress; 

10 ‘‘(L) the term ‘Member of the leadership of 

11 the House of Representatives’ means the 

12 Speaker, majority leader, minority leader, ma13 jority whip, minority whip, chief deputy major14 ity whip, chief deputy minority whip, chairman 

15 of the Democratic Steering Committee, chair16 man and vice chairman of the Democratic Cau17 cus, chairman, vice chairman, and secretary of 

18 the Republican Conference, chairman of the Re19 publican Research Committee, and chairman of 

20 the Republican Policy Committee, of the House 

21 of Representatives (or any similar position cre22 ated on or after the effective date set forth in 

23 section 102(a) of the Ethics Reform Act of 

24 1989); and 


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1 ‘‘(M) the term ‘Member of the leadership 

2 of the Senate’ means the Vice President, and 

3 the President pro tempore, Deputy President 

4 pro tempore, majority leader, minority leader, 

5 majority whip, minority whip, chairman and 

6 secretary of the Conference of the Majority, 

7 chairman and secretary of the Conference of 

8 the Minority, chairman and co-chairman of the 

9 Majority Policy Committee, and chairman of 

10 the Minority Policy Committee, of the Senate 

11 (or any similar position created on or after the 

12 effective date set forth in section 102(a) of the 

13 Ethics Reform Act of 1989). 

14 ‘‘(f) RESTRICTIONS RELATING TO FOREIGN ENTI15 TIES.— 

16 ‘‘(1) RESTRICTIONS.—Any person who is sub17 ject to the restrictions contained in subsection (c), 

18 (d), or (e) and who knowingly, within 1 year after 

19 leaving the position, office, or employment referred 

20 to in such subsection— 

21 ‘‘(A) represents a foreign entity before any 

22 officer or employee of any department or agen23 cy of the United States with the intent to influ24 ence a decision of such officer or employee in 

25 carrying out his or her official duties, or 


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1 ‘‘(B) aids or advises a foreign entity with 

2 the intent to influence a decision of any officer 

3 or employee of any department or agency of the 

4 United States, in carrying out his or her official 

5 duties, 

6 shall be punished as provided in section 1004. 

7 ‘‘(2) SPECIAL RULE FOR TRADE REPRESENTA8 TIVE.—With respect to a person who is the United 

9 States Trade Representative or Deputy United 

10 States Trade Representative, the restrictions de11 scribed in paragraph (1) apply to representing, aid12 ing, or advising foreign entities at any time after the 

13 termination of that person’s service as the United 

14 States Trade Representative. 

15 ‘‘(3) DEFINITION.—For purposes of this sub16 section, the term ‘foreign entity’ means the govern17 ment of a foreign country as defined in section 1(e) 

18 of the Foreign Agents Registration Act of 1938, as 

19 amended, or a foreign political party as defined in 

20 section 1(f) of that Act. 

21 ‘‘(g) SPECIAL RULES FOR DETAILEES.—For pur22 poses of this section, a person who is detailed from one 

23 department, agency, or other entity to another depart24 ment, agency, or other entity shall, during the period such 


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1 person is detailed, be deemed to be an officer or employee 

2 of both departments, agencies, or such entities. 

3 ‘‘(h) DESIGNATIONS OF SEPARATE STATUTORY

4 AGENCIES AND BUREAUS.— 

5 ‘‘(1) DESIGNATIONS.—For purposes of sub6 section (c) and except as provided in paragraph (2), 

7 whenever the Director of the Office of Government 

8 Ethics determines that an agency or bureau within 

9 a department or agency in the executive branch ex10 ercises functions which are distinct and separate 

11 from the remaining functions of the department or 

12 agency and that there exists no potential for use of 

13 undue influence or unfair advantage based on past 

14 Government service, the Director shall by rule des15 ignate such agency or bureau as a separate depart16 ment or agency. On an annual basis the Director of 

17 the Office of Government Ethics shall review the 

18 designations and determinations made under this 

19 subparagraph and, in consultation with the depart20 ment or agency concerned, make such additions and 

21 deletions as are necessary. Departments and agen22 cies shall cooperate to the fullest extent with the Di23 rector of the Office of Government Ethics in the ex24 ercise of his or her responsibilities under this para25 graph. 


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1 ‘‘(2) INAPPLICABILITY OF DESIGNATIONS.—No 

2 agency or bureau within the Executive Office of the 

3 President may be designated under paragraph (1) as 

4 a separate department or agency. No designation 

5 under paragraph (1) shall apply to persons referred 

6 to in subsection (c)(2)(A)(i) or (iii). 

7 ‘‘(i) DEFINITIONS.—For purposes of this section— 

8 ‘‘(1) the term ‘officer or employee’, when used 

9 to describe the person to whom a communication is 

10 made or before whom an appearance is made, with 

11 the intent to influence, shall include— 

12 ‘‘(A) in subsections (a), (c), and (d), the 

13 President and the Vice President; and 

14 ‘‘(B) in subsection (f), the President, the 

15 Vice President, and Members of Congress; 

16 ‘‘(2) the term ‘participated’ means an action 

17 taken as an officer or employee through decision, ap18 proval, disapproval, recommendation, the rendering 

19 of advice, investigation, or other such action; and 

20 ‘‘(3) the term ‘particular matter’ includes any 

21 investigation, application, request for a ruling or de22 termination, rulemaking, contract, controversy, 

23 claim, charge, accusation, arrest, or judicial or other 

24 proceeding. 

25 ‘‘(j) EXCEPTIONS.— 


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1 ‘‘(1) OFFICIAL GOVERNMENT DUTIES.— 

2 ‘‘(A) IN GENERAL.—The restrictions con3 tained in this section do not apply to acts done 

4 in carrying out official duties on behalf of the 

5 United States or the District of Columbia or as 

6 an elected official of a State or local govern7 ment. 

8 ‘‘(B) TRIBAL ORGANIZATIONS AND INTER9 TRIBAL CONSORTIUMS.—The restrictions con10 tained in this section do not apply to acts au11 thorized by section 104(j) of the Indian Self12 Determination and Education Assistance Act. 

13 ‘‘(2) STATE AND LOCAL GOVERNMENTS AND IN14 STITUTIONS, HOSPITALS, AND ORGANIZATIONS.— 

15 The restrictions contained in subsections (c), (d), 

16 and (e) do not apply to acts done in carrying out of17 ficial duties as an employee of— 

18 ‘‘(A) an agency or instrumentality of a 

19 State or local government if the appearance, 

20 communication, or representation is on behalf 

21 of such government, or 

22 ‘‘(B) an accredited, degree-granting insti23 tution of higher education, as defined in section 

24 101 of the Higher Education Act of 1965, or 

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1 empted and defined under section 501(c)(3) of 

2 the Internal Revenue Code of 1986, if the ap3 pearance, communication, or representation is 

4 on behalf of such institution, hospital, or orga5 nization. 

6 ‘‘(3) INTERNATIONAL ORGANIZATIONS.—The 

7 restrictions contained in this section do not apply to 

8 an appearance or communication on behalf of, or ad9 vice or aid to, an international organization in which 

10 the United States participates, if the Secretary of 

11 State certifies in advance that such activity is in the 

12 interests of the United States. 

13 ‘‘(4) SPECIAL KNOWLEDGE.—The restrictions 

14 contained in subsections (c), (d), and (e) do not pre15 vent an individual from making or providing a state16 ment, which is based on the individual’s own special 

17 knowledge in the particular area that is the subject 

18 of the statement, if no compensation is thereby re19 ceived. 

20 ‘‘(5) EXCEPTION FOR SCIENTIFIC OR TECHNO21 LOGICAL INFORMATION.—The restrictions contained 

22 in subsections (a), (c), and (d) do not apply with re23 spect to the making of communications solely for the 

24 purpose of furnishing scientific or technological in25 formation, if such communications are made under 


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1 procedures acceptable to the department or agency 

2 concerned or if the head of the department or agen3 cy concerned with the particular matter, in consulta4 tion with the Director of the Office of Government 

5 Ethics, makes a certification, published in the Fed6 eral Register, that the former officer or employee 

7 has outstanding qualifications in a scientific, techno8 logical, or other technical discipline, and is acting 

9 with respect to a particular matter which requires 

10 such qualifications, and that the national interest 

11 would be served by the participation of the former 

12 officer or employee. For purposes of this paragraph, 

13 the term ‘officer or employee’ includes the Vice 

14 President. 

15 ‘‘(6) EXCEPTION FOR TESTIMONY.—Nothing in 

16 this section prevents an individual from giving testi17 mony under oath, or from making statements re18 quired to be made under penalty of perjury. Not19 withstanding the preceding sentence— 

20 ‘‘(A) a former officer or employee of the 

21 executive branch of the United States (includ22 ing any independent agency) who is subject to 

23 the restrictions contained in subsection (a)(1) 

24 with respect to a particular matter may not, ex25 cept pursuant to court order, serve as an expert 


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1 witness for any other person (except the United 

2 States) in that matter; and 

3 ‘‘(B) a former officer or employee of the 

4 District of Columbia who is subject to the re5 strictions contained in subsection (a)(1) with 

6 respect to a particular matter may not, except 

7 pursuant to court order, serve as an expert wit8 ness for any other person (except the District 

9 of Columbia) in that matter. 

10 ‘‘(7) POLITICAL PARTIES AND CAMPAIGN COM11 MITTEES.—(A) Except as provided in subparagraph 

12 (B), the restrictions contained in subsections (c), 

13 (d), and (e) do not apply to a communication or ap14 pearance made solely on behalf of a candidate in his 

15 or her capacity as a candidate, an authorized com16 mittee, a national committee, a national Federal 

17 campaign committee, a State committee, or a polit18 ical party. 

19 ‘‘(B) Subparagraph (A) does not apply to— 

20 ‘‘(i) any communication to, or appearance 

21 before, the Federal Election Commission by a 

22 former officer or employee of the Federal Elec23 tion Commission; or 

24 ‘‘(ii) a communication or appearance made 

25 by a person who is subject to the restrictions 


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1 contained in subsection (c), (d), or (e) if, at the 

2 time of the communication or appearance, the 

3 person is employed by a person or entity other 

4 than— 

5 ‘‘(I) a candidate, an authorized com6 mittee, a national committee, a national 

7 Federal campaign committee, a State com8 mittee, or a political party; or 

9 ‘‘(II) a person or entity who rep10 resents, aids, or advises only persons or en11 tities described in subclause (I). 

12 ‘‘(C) For purposes of this paragraph— 

13 ‘‘(i) the term ‘candidate’ means any person 

14 who seeks nomination for election, or election, 

15 to Federal or State office or who has authorized 

16 others to explore on his or her behalf the possi17 bility of seeking nomination for election, or elec18 tion, to Federal or State office; 

19 ‘‘(ii) the term ‘authorized committee’ 

20 means any political committee designated in 

21 writing by a candidate as authorized to receive 

22 contributions or make expenditures to promote 

23 the nomination for election, or the election, of 

24 such candidate, or to explore the possibility of 

25 seeking nomination for election, or the election, 


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1 of such candidate, except that a political com2 mittee that receives contributions or makes ex3 penditures to promote more than 1 candidate 

4 may not be designated as an authorized com5 mittee for purposes of subparagraph (A); 

6 ‘‘(iii) the term ‘national committee’ means 

7 the organization which, by virtue of the bylaws 

8 of a political party, is responsible for the day9 to-day operation of such political party at the 

10 national level; 

11 ‘‘(iv) the term ‘national Federal campaign 

12 committee’ means an organization that, by vir13 tue of the bylaws of a political party, is estab14 lished primarily for the purpose of providing as15 sistance, at the national level, to candidates 

16 nominated by that party for election to the of17 fice of Senator or Representative in, or Dele18 gate or Resident Commissioner to, the Con19 gress; 

20 ‘‘(v) the term ‘State committee’ means the 

21 organization which, by virtue of the bylaws of 

22 a political party, is responsible for the day-to23 day operation of such political party at the 

24 State level; and 


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1 ‘‘(vi) the term ‘political party’ means an 

2 association, committee, or organization that 

3 nominates a candidate for election to any Fed4 eral or State elected office whose name appears 

5 on the election ballot as the candidate of such 

6 association, committee, or organization. 

7 ‘‘(k) WAIVER.—(1)(A) The President may grant a 

8 waiver of a restriction imposed by this section to any offi9 cer or employee described in paragraph (2) if the Presi10 dent determines and certifies in writing that it is in the 

11 public interest to grant the waiver and that the services 

12 of the officer or employee are critically needed for the ben13 efit of the Federal Government. Not more than 25 officers 

14 and employees currently employed by the Federal Govern15 ment at any one time may have been granted waivers 

16 under this paragraph. 

17 ‘‘(B)(i) A waiver granted under this paragraph to any 

18 person shall apply only with respect to activities engaged 

19 in by that person after that person’s Federal Government 

20 employment is terminated and only to that person’s em21 ployment at a Government-owned, contractor operated en22 tity with which the person served as an officer or employee 

23 immediately before the person’s Federal Government em24 ployment began. 


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1 ‘‘(ii) Notwithstanding clause (i), a waiver granted 

2 under this paragraph to any person who was an officer 

3 or employee of Lawrence Livermore National Laboratory, 

4 Los Alamos National Laboratory, or Sandia National 

5 Laboratory immediately before the person’s Federal Gov6 ernment employment began shall apply to that person’s 

7 employment by any such national laboratory after the per8 son’s employment by the Federal Government is termi9 nated. 

10 ‘‘(2) Waivers under paragraph (1) may be granted 

11 only to civilian officers and employees of the executive 

12 branch, other than officers and employees in the Executive 

13 Office of the President. 

14 ‘‘(3) A certification under paragraph (1) shall take 

15 effect upon its publication in the Federal Register and 

16 shall identify— 

17 ‘‘(A) the officer or employee covered by the 

18 waiver by name and by position, and 

19 ‘‘(B) the reasons for granting the waiver. 

20 A copy of the certification shall also be provided to the 

21 Director of the Office of Government Ethics. 

22 ‘‘(4) The President may not delegate the authority 

23 provided by this subsection. 

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1 graph (B), stating whether the person has engaged in ac2 tivities otherwise prohibited by this section for each six3 month period described in subparagraph (B), and if so, 

4 what those activities were. 

5 ‘‘(B) A report under subparagraph (A) shall cover 

6 each six-month period beginning on the date of the termi7 nation of the person’s Federal Government employment 

8 (with respect to which the waiver under this subsection 

9 was granted) and ending two years after that date. Such 

10 report shall be filed with the President and the Director 

11 of the Office of Government Ethics not later than 60 days 

12 after the end of the six-month period covered by the re13 port. All reports filed with the Director under this para14 graph shall be made available for public inspection and 

15 copying. 

16 ‘‘(C) If a person fails to file any report in accordance 

17 with subparagraphs (A) and (B), the President shall re18 voke the waiver and shall notify the person of the revoca19 tion. The revocation shall take effect upon the person’s 

20 receipt of the notification and shall remain in effect until 

21 the report is filed. 

22 ‘‘(D) Any person who is granted a waiver under this 

23 subsection shall be ineligible for appointment in the civil 

24 service unless all reports required of such person by sub25 paragraphs (A) and (B) have been filed. 


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1 ‘‘(E) As used in this subsection, the term ‘civil serv2 ice’ has the meaning given that term in section 2101 of 

3 title 5. 

4 ‘‘(l) CONTRACT ADVICE BY FORMER DE5 TAILS.—Whoever, being an employee of a private 

6 sector organization assigned to an agency under 

7 chapter 37 of title 5, within one year after the end 

8 of that assignment, knowingly represents or aids, 

9 counsels, or assists in representing any other person 

10 (except the United States) in connection with any 

11 contract with that agency shall be punished as pro12 vided in section 1004. 

13 ‘‘§ 998. Acts affecting a personal financial interest 

14 ‘‘(a) OFFENSE.—Except as permitted by subsection 

15 (b), whoever, being an officer or employee of the executive 

16 branch of the United States Government, or of any inde17 pendent agency of the United States, a Federal Reserve 

18 bank director, officer, or employee, or an officer or em19 ployee of the District of Columbia, including a special Gov20 ernment employee, participates personally and substan21 tially as a Government officer or employee, through deci22 sion, approval, disapproval, recommendation, the ren23 dering of advice, investigation, or otherwise, in a judicial 

24 or other proceeding, application, request for a ruling or 

25 other determination, contract, claim, controversy, charge, 


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1 accusation, arrest, or other particular matter in which, to 

2 his knowledge, he, his spouse, minor child, general part3 ner, organization in which he is serving as officer, director, 

4 trustee, general partner or employee, or any person or or5 ganization with whom he is negotiating or has any ar6 rangement concerning prospective employment, has a fi7 nancial interest shall be subject to the penalties set forth 

8 in section 1004. 

9 ‘‘(b) EXCLUSIONS.—Subsection (a) does not apply— 

10 ‘‘(1) if the officer or employee first advises the 

11 Government official responsible for appointment to 

12 his or her position of the nature and circumstances 

13 of the judicial or other proceeding, application, re14 quest for a ruling or other determination, contract, 

15 claim, controversy, charge, accusation, arrest, or 

16 other particular matter and makes full disclosure of 

17 the financial interest and receives in advance a writ18 ten determination made by such official that the in19 terest is not so substantial as to be deemed likely to 

20 affect the integrity of the services which the Govern21 ment may expect from such officer or employee; 

22 ‘‘(2) if, by regulation issued by the Director of 

23 the Office of Government Ethics, applicable to all or 

24 a portion of all officers and employees covered by 

25 this section, and published in the Federal Register, 


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1 the financial interest has been exempted from the re2 quirements of subsection (a) as being too remote or 

3 too inconsequential to affect the integrity of the 

4 services of the Government officers or employees to 

5 which such regulation applies; 

6 ‘‘(3) in the case of a special Government em7 ployee serving on an advisory committee within the 

8 meaning of the Federal Advisory Committee Act (in9 cluding an individual being considered for an ap10 pointment to such a position), the official responsible 

11 for the employee’s appointment, after review of the 

12 financial disclosure report filed by the individual 

13 pursuant to the Ethics in Government Act of 1978, 

14 certifies in writing that the need for the individual’s 

15 services outweighs the potential for a conflict of in16 terest created by the financial interest involved; or 

17 ‘‘(4) if the financial interest that would be af18 fected by the particular matter involved is that re19 sulting solely from the interest of the officer or em20 ployee, or his or her spouse or minor child, in birth21 rights— 

22 ‘‘(A) in an Indian tribe, band, nation, or 

23 other organized group or community, including 

24 any Alaska Native village corporation as de25 fined in or established pursuant to the Alaska 


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1 Native Claims Settlement Act, which is recog2 nized as eligible for the special programs and 

3 services provided by the United States to Indi4 ans because of their status as Indians, 

5 ‘‘(B) in an Indian allotment the title to 

6 which is held in trust by the United States or 

7 which is inalienable by the allottee without the 

8 consent of the United States, or 

9 ‘‘(C) in an Indian claims fund held in trust 

10 or administered by the United States, 

11 if the particular matter does not involve the Indian 

12 allotment or claims fund or the Indian tribe, band, 

13 nation, organized group or community, or Alaska 

14 Native village corporation as a specific party or par15 ties. 

16 ‘‘(c) DEEMING PROVISION.—(1) For the purpose of 

17 paragraph (1) of subsection (b), in the case of class A 

18 and B directors of Federal Reserve banks, the Board of 

19 Governors of the Federal Reserve System shall be deemed 

20 to be the Government official responsible for appointment. 

21 ‘‘(2) The potential availability of an exemption under 

22 any particular paragraph of subsection (b) does not pre23 clude an exemption being granted pursuant to another 

24 paragraph of subsection (b). 

25 ‘‘(d) PUBLIC AVAILABILITY.— 


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1 ‘‘(1) GENERALLY.—Upon request, a copy of 

2 any determination granting an exemption under sub3 section (b)(1) or (b)(3) shall be made available to 

4 the public by the agency granting the exemption 

5 pursuant to the procedures set forth in section 105 

6 of the Ethics in Government Act of 1978. In making 

7 such determination available, the agency may with8 hold from disclosure any information contained in 

9 the determination that would be exempt from disclo10 sure under section 552 of title 5. For purposes of 

11 determinations under subsection (b)(3), the informa12 tion describing each financial interest shall be no 

13 more extensive than that required of the individual 

14 in his or her financial disclosure report under the 

15 Ethics in Government Act of 1978. 

16 ‘‘(2) UNIFORM REGULATIONS.—The Office of 

17 Government Ethics, after consultation with the At18 torney General, shall issue uniform regulations for 

19 the issuance of waivers and exemptions under sub20 section (b) which shall— 

21 ‘‘(A) list and describe exemptions; and 

22 ‘‘(B) provide guidance with respect to the types 

23 of interests that are not so substantial as to be 

24 deemed likely to affect the integrity of the services 

25 the Government may expect from the employee. 


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1 ‘‘§ 999. Salary of Government officials and employees 

2 payable only by United States 

3 ‘‘(a) OFFENSE.—Whoever— 

4 ‘‘(1) receives any salary, or any contribution to 

5 or supplementation of salary, as compensation for 

6 his services as an officer or employee of the execu7 tive branch of the United States Government, of any 

8 independent agency of the United States, or of the 

9 District of Columbia, from any source other than the 

10 Government of the United States, except as may be 

11 contributed out of the treasury of any State, county, 

12 or municipality; or 

13 ‘‘(2) whoever, whether an individual, partner14 ship, association, corporation, or other organization 

15 pays, makes any contribution to, or in any way sup16 plements, the salary of any such officer or employee 

17 under circumstances which would make its receipt a 

18 violation of this subsection; 

19 shall be subject to the penalties set forth in section 1004. 

20 ‘‘(b) EXCLUSION.—Nothing in this section prevents 

21 an officer or employee of the executive branch of the 

22 United States Government, or of any independent agency 

23 of the United States, or of the District of Columbia, from 

24 continuing to participate in a bona fide pension, retire25 ment, group life, health or accident insurance, profit-sharVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00799 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 ing, stock bonus, or other employee welfare or benefit plan 

2 maintained by a former employer. 

3 ‘‘(c) SPECIAL GOVERNMENT EMPLOYEE.—This sec4 tion does not apply to a special Government employee or 

5 to an officer or employee of the Government serving with6 out compensation, whether or not he is a special Govern7 ment employee, or to any person paying, contributing to, 

8 or supplementing his salary as such. 

9 ‘‘(d) PAYMENTS UNDER CHAPTER 41 OF TITLE 5.— 

10 This section does not prohibit payment or acceptance of 

11 contributions, awards, or other expenses under the terms 

12 of chapter 41 of title 5. 

13 ‘‘(e) RELOCATION EXPENSES.—This section does not 

14 prohibit the payment of actual relocation expenses inci15 dent to participation, or the acceptance of same by a par16 ticipant in an executive exchange or fellowship program 

17 in an executive agency, if such program has been estab18 lished by statute or Executive order of the President, of19 fers appointments not to exceed three hundred and sixty20 five days, and permits no extensions in excess of ninety 

21 additional days or, in the case of participants in overseas 

22 assignments, in excess of 365 days. 

23 ‘‘(f) INJURIES DURING CERTAIN OFFENSE.—This 

24 section does not prohibit acceptance or receipt, by any offi25 cer or employee injured during the commission of an ofVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00800 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 fense described in section 102(6) or 102(7), of contribu2 tions or payments from an organization which is described 

3 in section 501(c)(3) of the Internal Revenue Code of 1986 

4 and which is exempt from taxation under section 501(a) 

5 of such Code. 

6 ‘‘(g) PRIVATE SECTOR ORGANIZATION.— 

7 ‘‘(1) GENERALLY.—This section does not pro8 hibit an employee of a private sector organization, 

9 while assigned to an agency under chapter 37 of title 

10 5, from continuing to receive pay and benefits from 

11 such organization in accordance with such chapter. 

12 ‘‘(2) DEFINITION.—As used in this subsection, 

13 the term ‘agency’ means an agency (as defined by 

14 section 3701 of title 5) and the Office of the Chief 

15 Technology Officer of the District of Columbia. 

16 ‘‘(h) RESERVE COMPONENTS OF ARMED FORCES.— 

17 This section does not prohibit a member of the reserve 

18 components of the armed forces on active duty pursuant 

19 to a call or order to active duty under a provision of law 

20 referred to in section 101(a)(13) of title 10 from receiving 

21 from any person that employed such member before the 

22 call or order to active duty any payment of any part of 

23 the salary or wages that such person would have paid the 

24 member if the member’s employment had not been inter25 rupted by such call or order to active duty. 


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1 ‘‘§ 1000. Offer to procure appointive public office 

2 ‘‘Whoever pays or offers or promises any money or 

3 thing of value, to any person, firm, or corporation in con4 sideration of the use or promise to use any influence to 

5 procure any appointive office or place under the United 

6 States for any person, shall be imprisoned not more than 

7 one year. 

8 ‘‘§ 1001. Acceptance or solicitation to obtain appoint9 ive public office 

10 ‘‘(a) PROMISE OF OFFICE.—Whoever solicits or re11 ceives, either as a political contribution, or for personal 

12 emolument, any money or thing of value, in consideration 

13 of the promise of support or use of influence in obtaining 

14 for any person any appointive office or place under the 

15 United States, shall be imprisoned not more than one 

16 year. 

17 ‘‘(b) ADDING PERSON TO OBTAIN EMPLOYMENT.— 

18 Whoever solicits or receives any thing of value in consider19 ation of aiding a person to obtain employment under the 

20 United States either by referring his name to an executive 

21 department or agency of the United States or by requiring 

22 the payment of a fee because such person has secured such 

23 employment shall be imprisoned not more than one year. 

24 ‘‘(c) EXCLUSION.—This section does not apply to 

25 such services rendered by an employment agency pursuant 


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1 to the written request of an executive department or agen2 cy of the United States. 

3 ‘‘§ 1002. Offer or acceptance of loan or gratuity 

4 ‘‘(a) OFFER TO FINANCIAL INSTITUTION EXAM5 INER.—Whoever, being an officer, director, or employee 

6 of a financial institution, makes or grants any loan or gra7 tuity, to any examiner or assistant examiner who examines 

8 or has authority to examine such bank, branch, agency, 

9 organization, corporation, association, or institution— 

10 ‘‘(1) shall imprisoned not more than 1 year; 

11 and 

12 ‘‘(2) may be fined, in addition to any fine other13 wise imposed under this title, a sum equal to the 

14 money so loaned or gratuity given. 

15 ‘‘(b) ACCEPTANCE BY FINANCIAL INSTITUTION EX16 AMINER.—Whoever, being an examiner or assistant exam17 iner, accepts a loan or gratuity from any bank, branch, 

18 agency, organization, corporation, association, or institu19 tion examined by the examiner or from any person con20 nected with it, shall— 

21 ‘‘(1) be imprisoned not more than 1 year; and 

22 ‘‘(2) shall be disqualified from holding office as 

23 an examiner. 

24 ‘‘(c) DEFINITIONS.—In this section: 


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1 ‘‘(1) EXAMINER.—The term ‘examiner’ means 

2 any person— 

3 ‘‘(A) appointed by a Federal financial in4 stitution regulatory agency or pursuant to the 

5 laws of any State to examine a financial institu6 tion; or 

7 ‘‘(B) elected under the law of any State to 

8 conduct examinations of any financial institu9 tions. 

10 ‘‘(2) FEDERAL FINANCIAL INSTITUTION REGU11 LATORY AGENCY.—The term ‘Federal financial insti12 tution regulatory agency’ means— 

13 ‘‘(A) the Office of the Comptroller of the 

14 Currency; 

15 ‘‘(B) the Board of Governors of the Fed16 eral Reserve System; 

17 ‘‘(C) the Office of Thrift Supervision; 

18 ‘‘(D) the Federal Deposit Insurance Cor19 poration; 

20 ‘‘(E) the Federal Housing Finance Agency; 

21 ‘‘(F) the Farm Credit Administration; 

22 ‘‘(G) the Farm Credit System Insurance 

23 Corporation; and 

24 ‘‘(H) the Small Business Administration. 


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1 ‘‘(3) FINANCIAL INSTITUTION.—The term ‘fi2 nancial institution’ does not include a credit union, 

3 a Federal Reserve Bank, a Federal home loan bank, 

4 or a depository institution holding company. 

5 ‘‘(4) LOAN.—The term ‘loan’ does not include 

6 any credit card account established under an open 

7 end consumer credit plan or a loan secured by resi8 dential real property that is the principal residence 

9 of the examiner, if— 

10 ‘‘(A) the applicant satisfies any financial 

11 requirements for the credit card account or res12 idential real property loan that are generally 

13 applicable to all applicants for the same type of 

14 credit card account or residential real property 

15 loan; 

16 ‘‘(B) the terms and conditions applicable 

17 with respect to such account or residential real 

18 property loan, and any credit extended to the 

19 examiner under such account or residential real 

20 property loan, are no more favorable generally 

21 to the examiner than the terms and conditions 

22 that are generally applicable to credit card ac23 counts or residential real property loans offered 

24 by the same financial institution to other bor25 rowers or cardholders in comparable cirVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00805 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 cumstances under open end consumer credit 

2 plans or for residential real property loans; and 

3 ‘‘(C) with respect to residential real prop4 erty loans, the loan is with respect to the pri5 mary residence of the applicant. 

6 ‘‘§ 1003. Receipt of commissions or gifts for procuring 

7 loans 

8 ‘‘(a) OFFENSE.—Whoever— 

9 ‘‘(1) corruptly gives, offers, or promises any10 thing of value to any person, with intent to influence 

11 or reward an officer, director, employee, agent, or 

12 attorney of a financial institution in connection with 

13 any business or transaction of such institution; or 

14 ‘‘(2) as an officer, director, employee, agent, or 

15 attorney of a financial institution, corruptly solicits 

16 or demands for the benefit of any person, or cor17 ruptly accepts or agrees to accept, anything of value 

18 from any person, intending to be influenced or re19 warded in connection with any business or trans20 action of such institution; 

21 shall be imprisoned not more than 30 years, but if the 

22 value of the thing given, offered, promised, solicited, de23 manded, accepted, or agreed to be accepted does not ex24 ceed $1,000, shall be imprisoned not more than one year. 


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1 ‘‘(b) EXCLUSION.—This section does not apply to 

2 bona fide salary, wages, fees, or other compensation paid, 

3 or expenses paid or reimbursed, in the usual course of 

4 business. 

5 ‘‘(c) GUIDELINES.—Federal agencies with responsi6 bility for regulating a financial institution shall jointly es7 tablish such guidelines as are appropriate to assist an offi8 cer, director, employee, agent, or attorney of a financial 

9 institution to comply with this section. Such agencies shall 

10 make such guidelines available to the public. 

11 ‘‘§ 1004. Penalties and injunctions 

12 ‘‘(a) CRIMINAL PENALTIES.—The punishment for an 

13 offense under section 993, 994, 995, 997, 998, or 999 is 

14 the following: 

15 ‘‘(1) Whoever engages in the conduct consti16 tuting the offense shall be imprisoned for not more 

17 than one year. 

18 ‘‘(2) Whoever knowingly engages in the conduct 

19 constituting the offense shall be imprisoned for not 

20 more than five years. 

21 ‘‘(b) CIVIL ACTION.—The Attorney General may 

22 bring a civil action in the appropriate United States dis23 trict court against any person who engages in conduct con24 stituting an offense under section 993, 994, 995, 997, 

25 998, or 999 and, upon proof of such conduct by a preponVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00807 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 derance of the evidence, such person shall be subject to 

2 a civil penalty of not more than $50,000 for each violation 

3 or the amount of compensation which the person received 

4 or offered for the prohibited conduct, whichever amount 

5 is greater. The imposition of a civil penalty under this sub6 section does not preclude any other criminal or civil statu7 tory, common law, or administrative remedy, which is 

8 available by law to the United States or any other person. 

9 ‘‘(c) COURT ORDER.—If the Attorney General has 

10 reason to believe that a person is engaging in conduct con11 stituting an offense under section 993, 994, 995, 997, 

12 998, or 999, the Attorney General may petition an appro13 priate United States district court for an order prohibiting 

14 that person from engaging in such conduct. The court may 

15 issue an order prohibiting that person from engaging in 

16 such conduct if the court finds that the conduct con17 stitutes such an offense. The filing of a petition under this 

18 section does not preclude any other remedy which is avail19 able by law to the United States or any other person. 

20 ‘‘§ 1005. Voiding transactions in violation of sub21 chapter; recovery by the United States 

22 ‘‘In addition to any other remedies provided by law 

23 the President or, under regulations prescribed by him, the 

24 head of any department or agency involved, may declare 

25 void and rescind any contract, loan, grant, subsidy, liVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00808 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 cense, right, permit, franchise, use, authority, privilege, 

2 benefit, certificate, ruling, decision, opinion, or rate sched3 ule awarded, granted, paid, furnished, or published, or the 

4 performance of any service or transfer or delivery of any 

5 thing to, by or for any agency of the United States or 

6 officer or employee of the United States or person acting 

7 on behalf thereof, in relation to which there has been a 

8 final conviction for any violation of this subchapter, and 

9 the United States shall be entitled to recover in addition 

10 to any penalty prescribed by law or in a contract the 

11 amount expended or the thing transferred or delivered on 

12 its behalf, or the reasonable value thereof. 

13 ‘‘§ 1006. Officers and employees acting as agents of 

14 foreign principals 

15 ‘‘(a) OFFENSE.—Whoever, being a public official, is 

16 or acts as an agent of a foreign principal required to reg17 ister under the Foreign Agents Registration Act of 1938 

18 or a lobbyist required to register under the Lobbying Dis19 closure Act of 1995 in connection with the representation 

20 of a foreign entity, as defined in section 3(6) of that Act 

21 shall be imprisoned for not more than two years. 

22 ‘‘(b) EXCLUSION.—Nothing in this section applies to 

23 the employment of any agent of a foreign principal as a 

24 special Government employee in any case in which the 

25 head of the employing agency certifies that such employVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00809 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 ment is required in the national interest. A copy of any 

2 certification under this paragraph shall be forwarded by 

3 the head of such agency to the Attorney General who shall 

4 cause the same to be filed with the registration statement 

5 and other documents filed by such agent, and made avail6 able for public inspection in accordance with section 6 of 

7 the Foreign Agents Registration Act of 1938, as amended. 

8 ‘‘(c) DEFINITION.—As used in this section ‘public of9 ficial’ means Member of Congress, Delegate, or Resident 

10 Commissioner, either before or after he has qualified, or 

11 an officer or employee or person acting for or on behalf 

12 of the United States, or any department, agency, or 

13 branch of Government thereof, including the District of 

14 Columbia, in any official function, under or by authority 

15 of any such department, agency, or branch of Government. 

16 ‘‘§ 1007. Bribery in sporting contests 

17 ‘‘(a) OFFENSE.—Whoever knowingly engages in any 

18 scheme in or affecting interstate or foreign commerce to 

19 influence any sporting contest in any way by bribery, shall 

20 be imprisoned not more than 5 years. 

21 ‘‘(b) DEFINITION.—As used in this section, the term 

22 ‘sporting contest’ means any contest in any sport, between 

23 individual contestants or teams of contestants (without re24 gard to the amateur or professional status of the contestVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00810 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 ants therein), the occurrence of which is publicly an2 nounced before its occurrence. 

3 ‘‘§ 1008. Continuing financial crimes enterprise 

4 ‘‘(a) OFFENSE.—Whoever— 

5 ‘‘(1) organizes, manages, or supervises a con6 tinuing financial crimes enterprise; and 

7 ‘‘(2) receives $5,000,000 or more in gross re8 ceipts from such enterprise during any 24-month pe9 riod, 

10 shall be imprisoned for a term of not less than 10 years, 

11 or for life. 

12 ‘‘(b) DEFINITION.—As used in subsection (a), the 

13 term ‘continuing financial crimes enterprise’ means a se14 ries of violations under section 1003, 644, 645, 773, 774, 

15 775, 779, 789, or 804, or section 801 or 803 affecting 

16 a financial institution, committed by at least 4 persons 

17 acting in concert. 

18 ‘‘SUBCHAPTER B—CLAIMS AND SERVICES IN 

19 MATTERS AFFECTING GOVERNMENT 

‘‘Sec. 

‘‘1017. False, fictitious, or fraudulent claims. 

20 ‘‘§ 1017. False, fictitious, or fraudulent claims 

21 ‘‘Whoever makes or presents to any person or officer 

22 in the civil, military, or naval service of the United States, 

23 or to any department or agency thereof, any claim upon 

24 or against the United States, or any department or agency 


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1 thereof, knowing such claim to be false, fictitious, or 

2 fraudulent, shall be imprisoned not more than five years. 

3 ‘‘SUBCHAPTER C—CONTEMPTS 

‘‘Sec. 

‘‘1021. Power of court. 

‘‘1022. Contempts constituting crimes. 

4 ‘‘§ 1021. Power of Court 

5 ‘‘A court of the United States shall have power to 

6 punish by fine or imprisonment, or both, at its discretion, 

7 such contempt of its authority, and none other, as— 

8 ‘‘(1) misbehavior of any person in its presence 

9 or so near thereto as to obstruct the administration 

10 of justice; 

11 ‘‘(2) misbehavior of any of its officers in their 

12 official transactions; or 

13 ‘‘(3) disobedience or resistance to its lawful 

14 writ, process, order, rule, decree, or command. 

15 ‘‘§ 1022. Contempts constituting crimes 

16 ‘‘(a) OFFENSE.—Whoever disobeys any lawful writ, 

17 process, order, rule, decree, or command of any district 

18 court of the United States or any court of the District 

19 of Columbia, by doing any act or thing therein, or thereby 

20 forbidden, if the act or thing so done be of such character 

21 as to constitute also a criminal offense under any statute 

22 of the United States or under the laws of any State in 

23 which the act was committed, shall be prosecuted for such 


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1 contempt as provided in section 3691 and shall be impris2 oned any term of years or for life. 

3 ‘‘(b) PAYMENT OF FINE AND LIMITATIONS ON FINE

4 AND IMPRISONMENT.—Such fine shall be paid to the 

5 United States or to the complainant or other party injured 

6 by the act constituting the contempt, or may, where more 

7 than one is so damaged, be divided or apportioned among 

8 them as the court may direct, but in no case shall the 

9 fine to be paid to the United States exceed, in case the 

10 accused is a natural person, the sum of $1,000, nor shall 

11 such imprisonment exceed the term of six months. 

12 ‘‘(c) APPLICABILITY OF SECTION.—This section shall 

13 not be construed to relate to contempts committed in the 

14 presence of the court, or so near thereto as to obstruct 

15 the administration of justice, nor to contempts committed 

16 in disobedience of any lawful writ, process, order, rule, de17 cree, or command entered in any suit or action brought 

18 or prosecuted in the name of, or on behalf of, the United 

19 States, but the same, and all other cases of contempt not 

20 specifically embraced in this section may be punished in 

21 conformity to the prevailing usages at law. 

22 ‘‘SUBCHAPTER D—ELECTIONS AND POLITICAL 

23 ACTIVITIES 

‘‘1031. Intimidation of voters. 

‘‘1032. Deprivation of employment or other benefit for political contribution. 

‘‘1033. Solicitation of political contributions. 

‘‘1034. Coercion of political activity. 

‘‘1035. Voting by aliens. 


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1 ‘‘§ 1031. Intimidation of voters 

2 ‘‘Whoever intimidates, threatens, coerces, or attempts 

3 to intimidate, threaten, or coerce, any other person for the 

4 purpose of interfering with the right of such other person 

5 to vote or to vote as he may choose, or of causing such 

6 other person to vote for, or not to vote for, any candidate 

7 for the office of President, Vice President, Presidential 

8 elector, Member of the Senate, Member of the House of 

9 Representatives, Delegate from the District of Columbia, 

10 or Resident Commissioner, at any election held solely or 

11 in part for the purpose of electing such candidate, shall 

12 be imprisoned not more than one year. 

13 ‘‘§ 1032. Deprivation of employment or other benefit 

14 for political contribution 

15 ‘‘(a) OFFENSE.—Whoever knowingly causes or at16 tempts to cause any person to make a contribution of a 

17 thing of value (including services) for the benefit of any 

18 candidate or any political party, by means of the denial 

19 or deprivation, or the threat of the denial or deprivation, 

20 of— 

21 ‘‘(1) any employment, position, or work in or 

22 for any agency or other entity of the Government of 

23 the United States, a State, or a political subdivision 

24 of a State, or any compensation or benefit of such 

25 employment, position, or work; or 


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1 ‘‘(2) any payment or benefit of a program of 

2 the United States, a State, or a political subdivision 

3 of a State; 

4 if such employment, position, work, compensation, pay5 ment, or benefit is provided for or made possible in whole 

6 or in part by an Act of Congress, shall be imprisoned not 

7 more than one year. 

8 ‘‘(b) DEFINITIONS.—As used in this section— 

9 ‘‘(1) the term ‘candidate’ means an individual 

10 who seeks nomination for election, or election, to 

11 Federal, State, or local office, whether or not such 

12 individual is elected, and, for purposes of this para13 graph, an individual shall be deemed to seek nomi14 nation for election, or election, to Federal, State, or 

15 local office, if he has (A) taken the action necessary 

16 under the law of a State to qualify himself for nomi17 nation for election, or election, or (B) received con18 tributions or made expenditures, or has given his 

19 consent for any other person to receive contributions 

20 or make expenditures, with a view to bringing about 

21 his nomination for election, or election, to such of22 fice; and 

23 ‘‘(2) the term ‘election’ means (A) a general, 

24 special primary, or runoff election, (B) a convention 

25 or caucus of a political party held to nominate a 


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1 candidate, (C) a primary election held for the selec2 tion of delegates to a nominating convention of a po3 litical party, (D) a primary election held for the ex4 pression of a preference for the nomination of per5 sons for election to the office of President, and (E) 

6 the election of delegates to a constitutional conven7 tion for proposing amendments to the Constitution 

8 of the United States or of any State. 

9 ‘‘§ 1033. Solicitation of political contributions 

10 ‘‘(a) OFFENSE.—It shall be unlawful for— 

11 ‘‘(1) a candidate for the Congress; 

12 ‘‘(2) an individual elected to or serving in the 

13 office of Senator or Representative in, or Delegate 

14 or Resident Commissioner to, the Congress; 

15 ‘‘(3) an officer or employee of the United States 

16 or any department or agency thereof; or 

17 ‘‘(4) a person receiving any salary or compensa18 tion for services from money derived from the Treas19 ury of the United States; to knowingly solicit any 

20 contribution within the meaning of section 301(8) of 

21 the Federal Election Campaign Act of 1971 from 

22 any other such officer, employee, or person. Whoever 

23 violates this section shall be imprisoned not more 

24 than 3 years. 


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1 ‘‘(b) EXCLUSION.—The prohibition in subsection (a) 

2 do not apply to any activity of an employee (as defined 

3 in section 7322(1) of title 5) or any individual employed 

4 in or under the United States Postal Service or the Postal 

5 Rate Commission, unless that activity is prohibited by sec6 tion 7323 or 7324 of such title. 

7 ‘‘§ 1034. Coercion of political activity 

8 ‘‘It shall be unlawful for any person to intimidate, 

9 threaten, command, or coerce, or attempt to intimidate, 

10 threaten, command, or coerce, any employee of the Fed11 eral Government as defined in section 7322(1) of title 5, 

12 to engage in, or not to engage in, any political activity, 

13 including, voting or refusing to vote for any candidate or 

14 measure in any election, making or refusing to make any 

15 political contribution, or working or refusing to work on 

16 behalf of any candidate. Whoever violates this section shall 

17 be imprisoned not more than three years. 

18 ‘‘§ 1035. Voting by aliens 

19 ‘‘(a) ELEMENTS OF OFFENSE.—It shall be unlawful 

20 for any alien to vote in any election held solely or in part 

21 for the purpose of electing a candidate for the office of 

22 President, Vice President, Presidential elector, Member of 

23 the Senate, Member of the House of Representatives, Del24 egate from the District of Columbia, or Resident Commis25 sioner, unless— 


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1 ‘‘(1) the election is held partly for some other 

2 purpose; 

3 ‘‘(2) aliens are authorized to vote for such other 

4 purpose under a State constitution or statute or a 

5 local ordinance; and 

6 ‘‘(3) voting for such other purpose is conducted 

7 independently of voting for a candidate for such 

8 Federal offices, in such a manner that an alien has 

9 the opportunity to vote for such other purpose, but 

10 not an opportunity to vote for a candidate for any 

11 one or more of such Federal offices. 

12 ‘‘(b) PUNISHMENT.—Whoever violates this section 

13 shall be imprisoned not more than one year. 

14 ‘‘(c) EXCLUSION.—Subsection (a) does not apply to 

15 an alien if— 

16 ‘‘(1) each natural parent of the alien (or, in the 

17 case of an adopted alien, each adoptive parent of the 

18 alien) is or was a citizen (whether by birth or natu19 ralization); 

20 ‘‘(2) the alien permanently resided in the 

21 United States prior to attaining the age of 16; and 

22 ‘‘(3) the alien reasonably believed at the time of 

23 voting in violation of such subsection that he or she 

24 was a citizen of the United States. 


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1 ‘‘SUBCHAPTER E—EMBLEMS, INSIGNIA, AND 

2 NAMES 

‘‘1051. Desecration of the flag of the United States; penalties. 

‘‘1052. Official badges, identification cards, other insignia. 

‘‘1053. Uniform of Armed Forces and public health Service. 

‘‘1054. Military medals or decorations. 

‘‘1055. False advertising or misuse of names to indicate Federal agency. 

‘‘1056. Misuse of names, words, emblems, or insignia. 

‘‘1057. Use of likenesses of the great seal of the United States, the seals of the 

President and Vice President, the seal of the United States 

Senate, the seal of the United States House of Representatives, 

and the seal of the United States Congress. 

‘‘1058. Public employee insignia and uniform. 

3 ‘‘§ 1051. Desecration of the flag of the United States; 

4 penalties 

5 ‘‘(a) OFFENSE.—Whoever knowingly mutilates, de6 faces, physically defiles, burns, maintains on the floor or 

7 ground, or tramples upon any flag of the United States 

8 shall be imprisoned for not more than one year. 

9 ‘‘(b) EXCLUSIONS.—This subsection does not pro10 hibit any conduct consisting of the disposal of a flag when 

11 it has become worn or soiled. 

12 ‘‘(c) DEFINITION.—As used in this section, the term 

13 ‘flag of the United States’ means any flag of the United 

14 States, or any part thereof, made of any substance, of any 

15 size, in a form that is commonly displayed. 

16 ‘‘(d) EXPEDITED APPEAL.— 

17 ‘‘(1) NATURE OF CLAIM.—An appeal may be 

18 taken directly to the Supreme Court of the United 

19 States from any interlocutory or final judgment, de20 cree, or order issued by a United States district 


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1 court ruling upon the constitutionality of subsection 

2 (a). 

3 ‘‘(2) PROCEDURAL EXPEDITION.—The Supreme 

4 Court shall, if it has not previously ruled on the question, 

5 accept jurisdiction over the appeal and advance on the 

6 docket and expedite to the greatest extent possible. 

7 ‘‘§ 1052. Official badges, identification cards, other in8 signia 

9 ‘‘Whoever manufactures, sells, or possesses any 

10 badge, identification card, or other insignia, of the design 

11 prescribed by the head of any department or agency of 

12 the United States for use by any officer or employee there13 of, or any colorable imitation thereof, or photographs, 

14 prints, or in any other manner makes or executes any en15 graving, photograph, print, or impression in the likeness 

16 of any such badge, identification card, or other insignia, 

17 or any colorable imitation thereof, except as authorized 

18 under regulations made pursuant to law, shall be impris19 oned not more than six months. 

20 ‘‘§ 1053. Uniform of Armed Forces and Public Health 

21 Service 

22 ‘‘Whoever, in any place within the jurisdiction of the 

23 United States or in the Canal Zone, without authority, 

24 wears the uniform or a distinctive part thereof or anything 

25 similar to a distinctive part of the uniform of any of the 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 Armed Forces of the United States, Public Health Service 

2 or any auxiliary of such, shall be imprisoned not more 

3 than six months. 

4 ‘‘§ 1054. Military medals or decorations 

5 ‘‘(a) IN GENERAL.—Whoever knowingly wears, pur6 chases, attempts to purchase, solicits for purchase, mails, 

7 ships, imports, exports, produces blank certificates of re8 ceipt for, manufactures, sells, attempts to sell, advertises 

9 for sale, trades, barters, or exchanges for anything of 

10 value any decoration or medal authorized by Congress for 

11 the Armed Forces of the United States, or any of the serv12 ice medals or badges awarded to the members of such 

13 forces, or the ribbon, button, or rosette of any such badge, 

14 decoration or medal, or any colorable imitation thereof, ex15 cept when authorized under regulations made pursuant to 

16 law, shall be imprisoned not more than six months. 

17 ‘‘(b) FALSE CLAIM ABOUT RECEIPT OF MILITARY

18 DECORATIONS OR MEDALS.—Whoever falsely represents 

19 himself or herself, verbally or in writing, to have been 

20 awarded any decoration or medal authorized by Congress 

21 for the Armed Forces of the United States, any of the 

22 service medals or badges awarded to the members of such 

23 forces, the ribbon, button, or rosette of any such badge, 

24 decoration, or medal, or any colorable imitation of such 

25 item shall be imprisoned not more than six months. 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 ‘‘(c) ENHANCED PENALTY FOR OFFENSES INVOLV2 ING CONGRESSIONAL MEDAL OF HONOR.— 

3 ‘‘(1) IN GENERAL.—If a decoration or medal in4 volved in an offense under subsection (a) or (b) is 

5 a Congressional Medal of Honor, in lieu of the pun6 ishment provided in that subsection, the offender 

7 shall be imprisoned not more than 1 year. 

8 ‘‘(2) CONGRESSIONAL MEDAL OF HONOR DE9 FINED.—In this subsection, the term ‘Congressional 

10 Medal of Honor’ means— 

11 ‘‘(A) a medal of honor awarded under sec12 tion 3741, 6241, or 8741 of title 10 or section 

13 491 of title 14; 

14 ‘‘(B) a duplicate medal of honor issued 

15 under section 3754, 6256, or 8754 of title 10 

16 or section 504 of title 14; or 

17 ‘‘(C) a replacement of a medal of honor 

18 provided under section 3747, 6253, or 8747 of 

19 title 10 or section 501 of title 14. 

20 ‘‘(d) ENHANCED PENALTY FOR OFFENSES INVOLV21 ING CERTAIN OTHER MEDALS.—If a decoration or medal 

22 involved in an offense described in subsection (a) or (b) 

23 is a distinguished-service cross awarded under section 

24 3742 of title 10, a Navy cross awarded under section 6242 

25 of title 10, an Air Force cross awarded under section 8742 


PWALKER on DSK7TPTVN1PROD with BILLS
823 

•HR 1860 IH

1 of section 10, a silver star awarded under section 3746, 

2 6244, or 8746 of title 10, a Purple Heart awarded under 

3 section 1129 of title 10, or any replacement or duplicate 

4 medal for such medal as authorized by law, in lieu of the 

5 punishment provided in the applicable subsection, the of6 fender shall be imprisoned not more than 1 year. 

7 ‘‘§ 1055. False advertising or misuse of names to indi8 cate Federal agency 

9 ‘‘(a) OFFENSE.—Whoever— 

10 ‘‘(1) except as permitted by the laws of the 

11 United States, uses the words ‘national’, ‘Federal’, 

12 ‘United States’, ‘reserve’, or ‘Deposit Insurance’ as 

13 part of the business or firm name of a person, cor14 poration, partnership, business trust, association or 

15 other business entity engaged in the banking, loan, 

16 building and loan, brokerage, factorage, insurance, 

17 indemnity, savings or trust business; 

18 ‘‘(2) falsely advertises or represents, or pub19 lishes or displays any sign, symbol or advertisement 

20 reasonably calculated to convey the impression that 

21 a nonmember bank, banking association, firm or 

22 partnership is a member of the Federal reserve sys23 tem; 

24 ‘‘(3) except as expressly authorized by Federal 

25 law, uses the words ‘Federal Deposit’, ‘Federal DeVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00823 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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•HR 1860 IH

1 posit Insurance’, or ‘Federal Deposit Insurance Cor2 poration’ or a combination of any three of these 

3 words, as the name or a part thereof under which 

4 he or it does business, or advertises or otherwise 

5 represents falsely by any device whatsoever that his 

6 or its deposit liabilities, obligations, certificates, or 

7 shares are insured or guaranteed by the Federal De8 posit Insurance Corporation, or by the United States 

9 or by any instrumentality thereof, or whoever adver10 tises that his or its deposits, shares, or accounts are 

11 federally insured, or falsely advertises or otherwise 

12 represents by any device whatsoever the extent to 

13 which or the manner in which the deposit liabilities 

14 of an insured bank or banks are insured by the Fed15 eral Deposit Insurance Corporation; 

16 ‘‘(4) other than a bona fide organization or as17 sociation of Federal or State credit unions or except 

18 as permitted by the laws of the United States, uses 

19 as a firm or business name or transacts business 

20 using the words ‘National Credit Union’, ‘National 

21 Credit Union Administration’, ‘National Credit 

22 Union Board’, ‘National Credit Union Share Insur23 ance Fund’, ‘Share Insurance’, or ‘Central Liquidity 

24 Facility’, or the letters ‘NCUA’, ‘NCUSIF’, or 

25 ‘CLF’, or any other combination or variation of 


PWALKER on DSK7TPTVN1PROD with BILLS
825 

•HR 1860 IH

1 those words or letters alone or with other words or 

2 letters, or any device or symbol or other means, rea3 sonably calculated to convey the false impression 

4 that such name or business has some connection 

5 with, or authorization from, the National Credit 

6 Union Administration, the Government of the 

7 United States, or any agency thereof, which does not 

8 in fact exist, or falsely advertises or otherwise rep9 resents by any device whatsoever that his or its busi10 ness, product, or service has been in any way en11 dorsed, authorized, or approved by the National 

12 Credit Union Administration, the Government of the 

13 United States, or any agency thereof, or falsely ad14 vertises or otherwise represents by any device what15 soever that his or its deposit liabilities, obligations, 

16 certificates, shares, or accounts are insured under 

17 the Federal Credit Union Act or by the United 

18 States or any instrumentality thereof, or being an 

19 insured credit union as defined in that Act falsely 

20 advertises or otherwise represents by any device 

21 whatsoever the extent to which or the manner in 

22 which share holdings in such credit union are in23 sured under such Act; 

24 ‘‘(5) not being organized under the Farm Cred25 it Act of 1971, advertises or represents that it 


PWALKER on DSK7TPTVN1PROD with BILLS
826 

•HR 1860 IH

1 makes Federal Farm loans or advertises or offers 

2 for sale as Federal Farm loan bonds any bond not 

3 issued under the Farm Credit Act of 1971, or uses 

4 the word ‘Federal’ or the words ‘United States’ or 

5 any other words implying Government ownership, 

6 obligation or supervision in advertising or offering 

7 for sale any bond, note, mortgage or other security 

8 not issued by the Government of the United States 

9 under the Farm Credit Act of 1971; 

10 ‘‘(6) uses the words ‘Federal Home Loan Bank’ 

11 or any combination or variation of these words alone 

12 or with other words as a business name or part of 

13 a business name, or falsely publishes, advertises or 

14 represents by any device or symbol or other means 

15 reasonably calculated to convey the impression that 

16 he or it is a Federal Home Loan Bank or member 

17 of or subscriber for the stock of a Federal Home 

18 Loan Bank; 

19 ‘‘(7) uses the words ‘Federal intermediate cred20 it bank’ as part of the business or firm name for any 

21 person, corporation, partnership, business trust, as22 sociation or other business entity not organized as 

23 an intermediate credit bank under the laws of the 

24 United States; 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 ‘‘(8) uses as a firm or business name the words 

2 ‘Department of Housing and Urban Development’, 

3 ‘Housing and Home Finance Agency’, ‘Federal 

4 Housing Administration’, ‘Government National 

5 Mortgage Association’, ‘United States Housing Au6 thority’, or ‘Public Housing Administration’ or the 

7 letters ‘HUD’, ‘FHA’, ‘PHA’, or ‘USHA’, or any 

8 combination or variation of those words or the let9 ters ‘HUD’, ‘FHA’, ‘PHA’, or ‘USHA’ alone or with 

10 other words or letters reasonably calculated to con11 vey the false impression that such name or business 

12 has some connection with, or authorization from, the 

13 Department of Housing and Urban Development, 

14 the Housing and Home Finance Agency, the Federal 

15 Housing Administration, the Government National 

16 Mortgage Association, the United States Housing 

17 Authority, the Public Housing Administration, the 

18 Government of the United States, or any agency 

19 thereof, which does not in fact exist, or falsely 

20 claims that any repair, improvement, or alteration of 

21 any existing structure is required or recommended 

22 by the Department of Housing and Urban Develop23 ment, the Housing and Home Finance Agency, the 

24 Federal Housing Administration, the Government 

25 National Mortgage Association, the United States 


PWALKER on DSK7TPTVN1PROD with BILLS
828 

•HR 1860 IH

1 Housing Authority, the Public Housing Administra2 tion, the Government of the United States, or any 

3 agency thereof, for the purpose of inducing any per4 son to enter into a contract for the making of such 

5 repairs, alterations, or improvements, or falsely ad6 vertises or falsely represents by any device whatso7 ever that any housing unit, project, business, or 

8 product has been in any way endorsed, authorized, 

9 inspected, appraised, or approved by the Department 

10 of Housing and Urban Development, the Housing 

11 and Home Finance Agency, the Federal Housing 

12 Administration, the Government National Mortgage 

13 Association, the United States Housing Authority, 

14 the Public Housing Administration, the Government 

15 of the United States, or any agency thereof; 

16 ‘‘(9) except with the written permission of the 

17 Director of the Federal Bureau of Investigation, 

18 knowingly uses the words ‘Federal Bureau of Inves19 tigation’ or the initials ‘F.B.I.’, or any colorable imi20 tation of such words or initials, in connection with 

21 any advertisement, circular, book, pamphlet or other 

22 publication, play, motion picture, broadcast, telecast, 

23 or other production, in a manner reasonably cal24 culated to convey the impression that such advertise25 ment, circular, book, pamphlet or other publication, 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 play, motion picture, broadcast, telecast, or other 

2 production, is approved, endorsed, or authorized by 

3 the Federal Bureau of Investigation; 

4 ‘‘(10) except with written permission of the Di5 rector of the United States Secret Service, know6 ingly uses the words ‘Secret Service’, ‘Secret Service 

7 Uniformed Division’, the initials ‘U.S.S.S.’, ‘U.D.’, 

8 or any colorable imitation of such words or initials, 

9 in connection with, or as a part of any advertise10 ment, circular, book, pamphlet or other publication, 

11 play, motion picture, broadcast, telecast, other pro12 duction, product, or item, in a manner reasonably 

13 calculated to convey the impression that such adver14 tisement, circular, book, pamphlet or other publica15 tion, product, or item, is approved, endorsed, or au16 thorized by or associated in any manner with, the 

17 United States Secret Service, or the United States 

18 Secret Service Uniformed Division; 

19 ‘‘(11) except with the written permission of the 

20 Director of the United States Mint, knowingly uses 

21 the words ‘United States Mint’ or ‘U.S. Mint’ or any 

22 colorable imitation of such words, in connection with 

23 any advertisement, circular, book, pamphlet, or other 

24 publication, play, motion picture, broadcast, telecast, 

25 or other production, in a manner reasonably calVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00829 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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•HR 1860 IH

1 culated to convey the impression that such advertise2 ment, circular, book, pamphlet, or other publication, 

3 play, motion picture, broadcast, telecast, or other 

4 production, is approved, endorsed, or authorized by 

5 or associated in any manner with, the United States 

6 Mint; 

7 ‘‘(12) uses the words ‘Overseas Private Invest8 ment’, ‘Overseas Private Investment Corporation’, or 

9 ‘OPIC’, as part of the business or firm name of a 

10 person, corporation, partnership, business trust, as11 sociation, or business entity; 

12 ‘‘(13) except with the written permission of the 

13 Administrator of the Drug Enforcement Administra14 tion, knowingly uses the words ‘Drug Enforcement 

15 Administration’ or the initials ‘DEA’ or any 

16 colorable imitation of such words or initials, in con17 nection with any advertisement, circular, book, pam18 phlet, software or other publication, play, motion 

19 picture, broadcast, telecast, or other production, in 

20 a manner reasonably calculated to convey the im21 pression that such advertisement, circular, book, 

22 pamphlet, software or other publication, play, motion 

23 picture, broadcast, telecast, or other production is 

24 approved, endorsed, or authorized by the Drug En25 forcement Administration; or 


PWALKER on DSK7TPTVN1PROD with BILLS
831 

•HR 1860 IH

1 ‘‘(14) except with the written permission of the 

2 Director of the United States Marshals Service, 

3 knowingly uses the words ‘United States Marshals 

4 Service’, ‘U.S. Marshals Service’, ‘United States 

5 Marshal’, ‘U.S. Marshal’, ‘U.S.M.S.’, or any 

6 colorable imitation of any such words, or the likeness 

7 of a United States Marshals Service badge, logo, or 

8 insignia on any item of apparel, in connection with 

9 any advertisement, circular, book, pamphlet, soft10 ware, or other publication, or any play, motion pic11 ture, broadcast, telecast, or other production, in a 

12 manner that is reasonably calculated to convey the 

13 impression that the wearer of the item of apparel is 

14 acting pursuant to the legal authority of the United 

15 States Marshals Service, or to convey the impression 

16 that such advertisement, circular, book, pamphlet, 

17 software, or other publication, or such play, motion 

18 picture, broadcast, telecast, or other production, is 

19 approved, endorsed, or authorized by the United 

20 States Marshals Service; 

21 shall be imprisoned not more than one year. 

22 ‘‘(b) EXCLUSIONS.— 

23 ‘‘(1) LAWFUL BEFORE ENACTMENT.—This sec24 tion does not make unlawful the use of any name or 

25 title which was lawful on June 25, 1948. 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 ‘‘(2) INSURANCE.—This section does not make 

2 unlawful the use of the word ‘national’ as part of the 

3 name of any business or firm engaged in the insur4 ance or indemnity business, whether such firm was 

5 engaged in the insurance or indemnity business prior 

6 or subsequent to the date of enactment of this para7 graph. 

8 ‘‘(c) ENJOINING OF VIOLATION.—A violation of this 

9 section may be enjoined at the suit of the United States 

10 Attorney, upon complaint by any duly authorized rep11 resentative of any department or agency of the United 

12 States. 

13 ‘‘§ 1056. Misuse of names, words, emblems, or insignia 

14 ‘‘Whoever, in the course of collecting or aiding in the 

15 collection of private debts or obligations, or being engaged 

16 in furnishing private police, investigation, or other private 

17 detective services, uses or employs in any communication, 

18 correspondence, notice, advertisement, or circular the 

19 words ‘national’, ‘Federal’, or ‘United States’, the initials 

20 ‘U.S.’, or any emblem, insignia, or name, for the purpose 

21 of conveying and in a manner reasonably calculated to 

22 convey the false impression that such communication is 

23 from a department, agency, bureau, or instrumentality of 

24 the United States or in any manner represents the United 

25 States, shall be imprisoned not more than one year. 


PWALKER on DSK7TPTVN1PROD with BILLS
833 

•HR 1860 IH

1 ‘‘§ 1057. Use of likenesses of the great seal of the 

2 United States, the seals of the President 

3 and Vice President, the seal of the United 

4 States Senate, the seal of the United 

5 States House of Representatives, and the 

6 seal of the United States Congress 

7 ‘‘(a) DISPLAY.—Whoever knowingly displays any 

8 printed or other likeness of the great seal of the United 

9 States, or of the seals of the President or the Vice Presi10 dent of the United States, or the seal of the United States 

11 Senate, or the seal of the United States House of Rep12 resentatives, or the seal of the United States Congress, 

13 or any facsimile thereof, in, or in connection with, any ad14 vertisement, poster, circular, book, pamphlet, or other 

15 publication, public meeting, play, motion picture, telecast, 

16 or other production, or on any building, monument, or sta17 tionery, for the purpose of conveying, or in a manner rea18 sonably calculated to convey, a false impression of spon19 sorship or approval by the Government of the United 

20 States or by any department, agency, or instrumentality 

21 thereof, shall be imprisoned not more than six months. 

22 ‘‘(b) LIKENESS ON ARTICLES.—Whoever, except as 

23 authorized under regulations promulgated by the Presi24 dent and published in the Federal Register, knowingly 

25 manufactures, reproduces, sells, or purchases for resale, 

26 either separately or appended to any article manufactured 


PWALKER on DSK7TPTVN1PROD with BILLS
834 

•HR 1860 IH

1 or sold, any likeness of the seals of the President or Vice 

2 President, or any substantial part thereof, except for man3 ufacture or sale of the article for the official use of the 

4 Government of the United States, shall be imprisoned not 

5 more than six months. 

6 ‘‘(c) SEAL OF THE UNITED STATES.—Whoever, ex7 cept as directed by the United States Senate, or the Sec8 retary of the Senate on its behalf, knowingly uses, manu9 factures, reproduces, sells or purchases for resale, either 

10 separately or appended to any article manufactured or 

11 sold, any likeness of the seal of the United States Senate, 

12 or any substantial part thereof, except for manufacture 

13 or sale of the article for the official use of the Government 

14 of the United States, shall be imprisoned not more than 

15 six months. 

16 ‘‘(d) SEAL OF UNITED STATES HOUSE OF REP17 RESENTATIVES.—Whoever, except as directed by the 

18 United States House of Representatives, or the Clerk of 

19 the House of Representatives on its behalf, knowingly 

20 uses, manufactures, reproduces, sells or purchases for re21 sale, either separately or appended to any article manufac22 tured or sold, any likeness of the seal of the United States 

23 House of Representatives, or any substantial part thereof, 

24 except for manufacture or sale of the article for the official 


PWALKER on DSK7TPTVN1PROD with BILLS
835 

•HR 1860 IH

1 use of the Government of the United States, shall be im2 prisoned not more than six months. 

3 ‘‘(e) SEAL OF CONGRESS.—Whoever, except as di4 rected by the United States Congress, or the Secretary 

5 of the Senate and the Clerk of the House of Representa6 tives, acting jointly on its behalf, knowingly uses, manu7 factures, reproduces, sells or purchases for resale, either 

8 separately or appended to any article manufactured or 

9 sold, any likeness of the seal of the United States Con10 gress, or any substantial part thereof, except for manufac11 ture or sale of the article for the official use of the Govern12 ment of the United States, shall be imprisoned not more 

13 than six months. 

14 ‘‘(f) VIOLATION MAY BE ENJOINED.—A violation of 

15 this section may be enjoined at the suit of the Attorney 

16 General— 

17 ‘‘(1) in the case of the great seal of the United 

18 States and the seals of the President and Vice Presi19 dent, upon complaint by any authorized representa20 tive of any department or agency of the United 

21 States; 

22 ‘‘(2) in the case of the seal of the United States 

23 Senate, upon complaint by the Secretary of the Sen24 ate; 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 ‘‘(3) in the case of the seal of the United States 

2 House of Representatives, upon complaint by the 

3 Clerk of the House of Representatives; and 

4 ‘‘(4) in the case of the seal of the United States 

5 Congress, upon complaint by the Secretary of the 

6 Senate and the Clerk of the House of Representa7 tives, acting jointly. 

8 ‘‘§ 1058. Public employee insignia and uniform 

9 ‘‘(a) OFFENSE.—Whoever— 

10 ‘‘(1) knowingly transfers, transports, or re11 ceives, in interstate or foreign commerce, a counter12 feit official insignia or uniform; 

13 ‘‘(2) knowingly transfers, in interstate or for14 eign commerce, a genuine official insignia or uni15 form to an individual, knowing that such individual 

16 is not authorized to possess it under the law of the 

17 place in which the badge is the official insignia or 

18 uniform; 

19 ‘‘(3) knowingly receives a genuine official insig20 nia or uniform in a transfer prohibited by paragraph 

21 (2); or 

22 ‘‘(4) being a person not authorized to possess a 

23 genuine official insignia or uniform under the law of 

24 the place in which the badge is the official insignia 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 or uniform, knowingly transports that badge in 

2 interstate or foreign commerce, 

3 shall be imprisoned not more than 6 months. 

4 ‘‘(b) DEFENSE FOR CERTAIN USES.—It is a defense 

5 to a prosecution under this section that the insignia or 

6 uniform is other than a counterfeit insignia or uniform 

7 and is not used to mislead or deceive, or is used or is 

8 intended to be used exclusively— 

9 ‘‘(1) as a memento, or in a collection or exhibit; 

10 ‘‘(2) for decorative purposes; 

11 ‘‘(3) for a dramatic presentation, such as a the12 atrical, film, or television production; or 

13 ‘‘(4) for any other recreational purpose. 

14 ‘‘(c) DEFENSE FOR CERTAIN OTHER USES.—It is a 

15 defense to a prosecution under this section that the official 

16 insignia or uniform is not used or intended to be used to 

17 mislead or deceive, or is a counterfeit insignia or uniform 

18 and is used or is intended to be used exclusively— 

19 ‘‘(1) for a dramatic presentation, such as a the20 atrical, film, or television production; or 

21 ‘‘(2) for legitimate law enforcement purposes. 

22 ‘‘(d) DEFINITIONS.—As used in this section— 

23 ‘‘(1) the term ‘genuine police badge’ means an 

24 official badge issued by public authority to identify 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 an individual as a law enforcement officer having po2 lice powers; 

3 ‘‘(2) the term ‘counterfeit police badge’ means 

4 an item that so resembles a police badge that it 

5 would deceive an ordinary individual into believing it 

6 was a genuine police badge; and 

7 ‘‘(3) the term ‘official insignia or uniform’ 

8 means an article of distinctive clothing or insignia, 

9 including a badge, emblem or identification card, 

10 that is an indicium of the authority of a public em11 ployee; 

12 ‘‘(4) the term ‘public employee’ means any offi13 cer or employee of the Federal Government or of a 

14 State or local government; and 

15 ‘‘(5) the term ‘uniform’ means distinctive cloth16 ing or other items of dress, whether real or counter17 feit, worn during the performance of official duties 

18 and which identifies the wearer as a public agency 

19 employee. 

20 ‘‘SUBCHAPTER F—ESCAPE AND RESCUE 

‘‘1071. Prisoners in custody of institution or officer. 

‘‘1072. Instigating or assisting escape. 

‘‘1073. Officer permitting escape. 

‘‘1074. High speed flight from immigration checkpoint. 

‘‘1075. Escape from hospitalization. 

21 ‘‘§ 1071. Prisoners in custody of institution or officer 

22 ‘‘(a) ADULTS.—Whoever escapes or attempts to es23 cape from the custody of the Attorney General or his auVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00838 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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•HR 1860 IH

1 thorized representative, or from any institution or facility 

2 in which he is confined by direction of the Attorney Gen3 eral, or from any custody under or by virtue of any process 

4 issued under the laws of the United States by any court, 

5 judge, or magistrate judge, or from the custody of an offi6 cer or employee of the United States pursuant to lawful 

7 arrest, shall, if the custody or confinement is by virtue 

8 of an arrest on a charge of felony, or conviction of any 

9 offense, be imprisoned not more than five years; or if the 

10 custody or confinement is for extradition, or for exclusion 

11 or expulsion proceedings under the immigration laws, or 

12 by virtue of an arrest or charge of or for a misdemeanor, 

13 and prior to conviction, be imprisoned not more than one 

14 year. 

15 ‘‘(b) JUVENILES.—Whoever escapes or attempts to 

16 escape from the custody of the Attorney General or his 

17 authorized representative, or from any institution or facil18 ity in which he is confined by direction of the Attorney 

19 General, or from any custody under or by virtue of any 

20 process issued under the laws of the United States by any 

21 court, judge, or magistrate judge, or from the custody of 

22 an officer or employee of the United States pursuant to 

23 lawful arrest, shall, if the custody or confinement is by 

24 virtue of a lawful arrest for a violation of any law of the 

25 United States not punishable by death or life imprisonVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00839 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 ment and committed before such person’s eighteenth 

2 birthday, and as to whom the Attorney General has not 

3 specifically directed the institution of criminal pro4 ceedings, or by virtue of a commitment as a juvenile delin5 quent under section 5034, be imprisoned not more than 

6 one year. Nothing in this section affects the discretionary 

7 authority vested in the Attorney General pursuant to sec8 tion 5032. 

9 ‘‘§ 1072. Instigating or assisting escape 

10 ‘‘(a) ADULTS.—Whoever rescues or attempts to res11 cue or instigates, aids or assists the escape, or attempt 

12 to escape, of any person arrested upon a warrant or other 

13 process issued under any law of the United States, or com14 mitted to the custody of the Attorney General or to any 

15 institution or facility by his direction, shall, if the custody 

16 or confinement is by virtue of an arrest on a charge of 

17 felony, or conviction of any offense, be imprisoned not 

18 more than five years; or, if the custody or confinement 

19 is for extradition, or for exclusion or expulsion proceedings 

20 under the immigration laws, or by virtue of an arrest or 

21 charge of or for a misdemeanor, and prior to conviction, 

22 be imprisoned not more than one year. 

23 ‘‘(b) JUVENILES.—Whoever rescues or attempts to 

24 rescue or instigates, aids, or assists the escape or at25 tempted escape of any person in the custody of the AttorVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00840 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 ney General or his authorized representative, or of any 

2 person arrested upon a warrant or other process issued 

3 under any law of the United States or from any institution 

4 or facility in which he is confined by direction of the Attor5 ney General, shall, if the custody or confinement is by vir6 tue of a lawful arrest for a violation of any law of the 

7 United States not punishable by death or life imprison8 ment and committed before such person’s eighteenth 

9 birthday, and as to whom the Attorney General has not 

10 specifically directed the institution of criminal pro11 ceedings, or by virtue of a commitment as a juvenile delin12 quent under section 5034, be imprisoned not more than 

13 one year. 

14 ‘‘§ 1073. Officer permitting escape 

15 ‘‘Whoever, having in his custody any prisoner by vir16 tue of process issued under the laws of the United States 

17 by any court, judge, or magistrate judge, voluntarily suf18 fers such prisoner to escape, shall be imprisoned not more 

19 than 5 years; or if he negligently suffers such person to 

20 escape, he shall be imprisoned not more than one year. 

21 ‘‘§ 1074. High speed flight from immigration check22 point 

23 ‘‘Whoever flees or evades a checkpoint operated by 

24 the Immigration and Naturalization Service, or any other 

25 Federal law enforcement agency, in a motor vehicle and 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 flees Federal, State, or local law enforcement agents in 

2 excess of the legal speed limit shall be imprisoned not 

3 more than five years. 

4 ‘‘§ 1075. Escape from hospitalization 

5 ‘‘Whoever escapes or attempts to escape from the 

6 custody of any facility or from any place in which or to 

7 which he is confined pursuant to this section 1826 of title 

8 28 or section 4243 of this title, or whoever rescues or at9 tempts to rescue or instigates, aids, or assists the escape 

10 or attempt to escape of such a person, shall be imprisoned 

11 not more than three years. 

12 ‘‘SUBCHAPTER G—FALSE PERSONATION 

‘‘1091. Citizen of the United States. 

‘‘1092. Officer or employee of the United States. 

‘‘1093. Impersonator making arrest or search. 

13 ‘‘§ 1091. Citizen of the United States 

14 ‘‘Whoever falsely represents oneself to be a citizen of 

15 the United States shall be imprisoned not more than three 

16 years. 

17 ‘‘§ 1092. Officer or employee of the United States 

18 ‘‘Whoever falsely assumes or pretends to be an officer 

19 or employee acting under the authority of the United 

20 States or any department, agency or officer thereof, and 

21 acts as such, or in such pretended character demands or 

22 obtains any money, paper, document, or thing of value, 

23 shall be imprisoned not more than three years. 


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•HR 1860 IH

1 ‘‘§ 1093. Impersonator making arrest or search 

2 ‘‘Whoever falsely represents oneself to be an officer, 

3 agent, or employee of the United States, and in such as4 sumed character arrests or detains any person or in any 

5 manner searches the person, buildings, or other property 

6 of any person, shall be imprisoned not more than three 

7 years. 

8 ‘‘SUBCHAPTER H—FUGITIVES FROM JUSTICE 

‘‘1101. Concealing person from arrest. 

‘‘1102. Concealing escaped prisoner. 

‘‘1103. Flight to avoid prosecution or giving testimony. 

‘‘1104. Flight to avoid prosecution for damaging or destroying any building or 

other real or personal property. 

9 ‘‘§ 1101. Concealing person from arrest 

10 ‘‘Whoever harbors or conceals any person for whose 

11 arrest a warrant or process has been issued under any 

12 law of the United States, so as to prevent his discovery 

13 and arrest, after notice or knowledge of the fact that a 

14 warrant or process has been issued for the apprehension 

15 of such person, shall be imprisoned not more than one 

16 year; except that if the warrant or process issued on a 

17 charge of felony, or after conviction of such person of any 

18 offense, the punishment shall be a fine under this title, 

19 or imprisonment for not more than five years, or both. 

20 ‘‘§ 1102. Concealing escaped prisoner 

21 ‘‘Whoever harbors or conceals any prisoner after that 

22 prisoner’s escape from the custody of the Attorney General 


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•HR 1860 IH

1 or from a Federal penal or correctional institution, shall 

2 be imprisoned not more than three years. 

3 ‘‘§ 1103. Flight to avoid prosecution or giving testi4 mony 

5 ‘‘(a) OFFENSE.—Whoever moves or travels in inter6 state or foreign commerce with intent— 

7 ‘‘(1) to avoid prosecution, or custody or confine8 ment after conviction, under the laws of the place 

9 from which he flees, for a crime, or an attempt to 

10 commit a crime, punishable by death or which is a 

11 felony under the laws of the place from which the 

12 fugitive flees; 

13 ‘‘(2) to avoid giving testimony in any criminal 

14 proceedings in such place in which the commission 

15 of an offense punishable by death or which is a fel16 ony under the laws of such place, is charged; or 

17 ‘‘(3) to avoid service of, or contempt pro18 ceedings for alleged disobedience of, lawful process 

19 requiring attendance and the giving of testimony or 

20 the production of documentary evidence before an 

21 agency of a State empowered by the law of such 

22 State to conduct investigations of alleged criminal 

23 activities; 

24 shall be imprisoned not more than five years. 


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•HR 1860 IH

1 ‘‘(b) SPECIAL VENUE AND APPROVAL REQUIRED.— 

2 Violations of this section may be prosecuted only in the 

3 Federal judicial district in which the original crime was 

4 alleged to have been committed, or in which the person 

5 was held in custody or confinement, or in which an avoid6 ance of service of process or a contempt referred to in 

7 subsection (a)(3) is alleged to have been committed, and 

8 only upon formal approval in writing by the Attorney Gen9 eral, the Deputy Attorney General, the Associate Attorney 

10 General, or an Assistant Attorney General of the United 

11 States, which function of approving prosecutions may not 

12 be delegated. 

13 ‘‘§ 1104. Flight to avoid prosecution for damaging or 

14 destroying any building or other real or 

15 personal property 

16 ‘‘(a) OFFENSE.—Whoever moves or travels in inter17 state or foreign commerce with intent— 

18 ‘‘(1) to avoid prosecution, or custody, or con19 finement after conviction, under the laws of the 

20 place from which he flees, for attempting to or dam21 aging or destroying by fire or explosive any building, 

22 structure, facility, vehicle, dwelling house, syna23 gogue, church, religious center or educational insti24 tution, public or private; or 


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•HR 1860 IH

1 ‘‘(2) to avoid giving testimony in any criminal 

2 proceeding relating to any such offense; 

3 shall be imprisoned not more than five years. 

4 ‘‘(b) VENUE.—Violations of this section may be pros5 ecuted in the Federal judicial district in which the original 

6 crime was alleged to have been committed or in which the 

7 person was held in custody or confinement. 

8 ‘‘(c) RULE OF CONSTRUCTION.—This section shall 

9 not be construed as indicating an intent on the part of 

10 Congress to prevent the exercise by a State of any jurisdic11 tion over any offense over which that State would have 

12 jurisdiction in the absence of such section. 

13 ‘‘SUBCHAPTER I—OBSTRUCTION OF JUSTICE 

‘‘1131. Assault on process server. 

‘‘1132. Influencing or injuring officer or juror generally. 

‘‘1133. Obstruction of proceedings before departments, agencies, and committees. 

‘‘1134. Obstruction of Court orders. 

‘‘1135. Obstruction of criminal investigations. 

‘‘1136. Obstruction of State or local law enforcement with regard to illegal gambling business. 

‘‘1137. Tampering with a witness, victim, or an informant. 

‘‘1138. Retaliating against a witness, victim, or an informant. 

‘‘1139. Civil action to restrain harassment of a victim or witness. 

‘‘1140. Civil action to protect against retaliation in fraud cases. 

‘‘1141. Definitions for certain provisions; general provision. 

‘‘1142. Destruction of corporate audit records. 

14 ‘‘§ 1131. Assault on process server 

15 ‘‘Whoever— 

16 ‘‘(1) knowingly obstructs, resists, or opposes 

17 any officer of the United States, or other person 

18 duly authorized, in serving, or attempting to serve or 


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•HR 1860 IH

1 execute, any legal or judicial writ or process of any 

2 court of the United States, or United States mag3 istrate judge; or 

4 ‘‘(2) assaults, beats, or wounds any officer or 

5 other person duly authorized, knowing him to be 

6 such officer, or other person so duly authorized, in 

7 serving or executing any such writ, rule, order, proc8 ess, warrant, or other legal or judicial writ or proc9 ess; 

10 shall, except as otherwise provided by law, be imprisoned 

11 not more than one year. 

12 ‘‘§ 1132. Influencing or injuring officer or juror gen13 erally 

14 ‘‘(a) ELEMENTS OF THE OFFENSE.—Whoever cor15 ruptly, or by threats or force, or by any threatening letter 

16 or communication, endeavors to influence, intimidate, or 

17 impede any grand or petit juror, or officer in or of any 

18 court of the United States, or officer who may be serving 

19 at any examination or other proceeding before any United 

20 States magistrate judge or other committing magistrate, 

21 in the discharge of duty, or injures any such grand or petit 

22 juror in his or her person or property on account of any 

23 verdict or indictment assented to by him or her, or on ac24 count of being or having been such juror, or injures any 

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1 istrate in his or her person or property on account of the 

2 performance of his official duties, or corruptly or by 

3 threats or force, or by any threatening letter or commu4 nication, influences, obstructs, or impedes, or endeavors 

5 to influence, obstruct, or impede, the due administration 

6 of justice, shall be punished as provided in subsection (b). 

7 If the offense under this section occurs in connection with 

8 a trial of a criminal case, and the act in violation of this 

9 section involves the threat of physical force or physical 

10 force, the maximum term of imprisonment which may be 

11 imposed for the offense shall be the higher of that other12 wise provided by law or the maximum term that could 

13 have been imposed for any offense charged in such case. 

14 ‘‘(b) PUNISHMENT.—The punishment for an offense 

15 under this section is— 

16 ‘‘(1) in the case of a killing, the punishment 

17 provided in sections 103 and 104; 

18 ‘‘(2) in the case of an attempted killing, or a 

19 case in which the offense was committed against a 

20 petit juror and, imprisonment for not more than 20 

21 years; and 

22 ‘‘(3) in any other case, imprisonment for not 

23 more than 10 years. 


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1 ‘‘§ 1133. Obstruction of proceedings before depart2 ments, agencies, and committees 

3 ‘‘Whoever— 

4 ‘‘(1) with intent to avoid, evade, prevent, or ob5 struct compliance, in whole or in part, with any civil 

6 investigative demand duly and properly made under 

7 the Antitrust Civil Process Act, knowingly withholds, 

8 misrepresents, removes from any place, conceals, 

9 covers up, destroys, mutilates, alters, or by other 

10 means falsifies any documentary material, answers 

11 to written interrogatories, or oral testimony, which is 

12 the subject of such demand; or attempts to do so or 

13 solicits another to do so; or 

14 ‘‘(2) corruptly, or by threats or force, or by any 

15 threatening letter or communication influences, ob16 structs, or impedes the due and proper administra17 tion of the law under which any pending proceeding 

18 is being had before any department or agency of the 

19 United States, or the due and proper exercise of the 

20 power of inquiry under which any inquiry or inves21 tigation is being had by either House, or any com22 mittee of either House or any joint committee of the 

23 Congress; 

24 shall be imprisoned not more than 5 years or, if the of25 fense involves international or domestic terrorism (as de26 fined in section 283), imprisoned not more than 8 years. 


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1 ‘‘§ 1134. Obstruction of Court orders 

2 ‘‘(a) OFFENSE.—Whoever, by threats or force, know3 ingly prevents, obstructs, impedes, or interferes with the 

4 due exercise of rights or the performance of duties under 

5 any order, judgment, or decree of a court of the United 

6 States, shall be imprisoned not more than one year. 

7 ‘‘(b) INJUNCTIVE AND OTHER RELIEF AVAILABLE.— 

8 No injunctive or other civil relief against the conduct made 

9 criminal by this section shall be denied on the ground that 

10 such conduct is a crime. 

11 ‘‘§ 1135. Obstruction of criminal investigations 

12 ‘‘(a) IN GENERAL.—Whoever knowingly attempts by 

13 means of bribery to obstruct, delay, or prevent the commu14 nication of information relating to a violation of any crimi15 nal statute of the United States by any person to a crimi16 nal investigator shall be imprisoned not more than five 

17 years. 

18 ‘‘(b) FINANCIAL INSTITUTIONS.—(1) Whoever, being 

19 an officer of a financial institution, with the intent to ob20 struct a judicial proceeding, notifies any other person 

21 about the existence or contents of a subpoena for records 

22 of that financial institution, or information that has been 

23 furnished in response to that subpoena, shall be impris24 oned not more than 5 years. 

25 ‘‘(2) Whoever, being an officer of a financial institu26 tion notifies— 


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1 ‘‘(A) a customer of that financial institution 

2 whose records are sought by a subpoena for records; 

3 or 

4 ‘‘(B) any other person named in that subpoena; 

5 about the existence or contents of that subpoena or infor6 mation that has been furnished in response to that sub7 poena, shall be imprisoned not more than one year. 

8 ‘‘(3) As used in this subsection— 

9 ‘‘(A) the term ‘an officer of a financial institu10 tion’ means an officer, director, partner, employee, 

11 agent, or attorney of or for a financial institution; 

12 and 

13 ‘‘(B) the term ‘subpoena for records’ means a 

14 Federal grand jury subpoena or a Department of 

15 Justice subpoena (issued under section 3486 of title 

16 18), for customer records that has been served relat17 ing to a violation of, or a conspiracy to violate— 

18 ‘‘(i) section 1003, 644, 645, 773, 774, 

19 775, 779, 804, 1451, 1452, or chapter 53 of 

20 title 31; or 

21 ‘‘(ii) section 801 or 803 affecting a finan22 cial institution. 

23 ‘‘(c) DEFINITION.—As used in this section, the term 

24 ‘criminal investigator’ means any individual duly author25 ized by a department, agency, or armed force of the 


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1 United States to conduct or engage in investigations of 

2 or prosecutions for violations of the criminal laws of the 

3 United States. 

4 ‘‘(d) INSURANCE.—(1) Whoever— 

5 ‘‘(A) acting as, or being, an officer, director, 

6 agent or employee of a person engaged in the busi7 ness of insurance whose activities affect interstate 

8 commerce, or 

9 ‘‘(B) is engaged in the business of insurance 

10 whose activities affect interstate commerce or is in11 volved (other than as an insured or beneficiary 

12 under a policy of insurance) in a transaction relating 

13 to the conduct of affairs of such a business, 

14 with intent to obstruct a judicial proceeding, notifies any 

15 other person about the existence or contents of a subpoena 

16 for records of that person engaged in such business or in17 formation that has been furnished to a Federal grand jury 

18 in response to that subpoena, shall be imprisoned not more 

19 than 5 years. 

20 ‘‘(2) As used in paragraph (1), the term ‘subpoena 

21 for records’ means a Federal grand jury subpoena for 

22 records that has been served relating to a violation of, or 

23 a conspiracy to violate, section 790. 

24 ‘‘(e) Whoever, having been notified of the applicable 

25 disclosure prohibitions or confidentiality requirements of 


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1 section 3120G(c)(1) of this title, section 626(d)(1) or 

2 627(c)(1) of the Fair Credit Reporting Act, section 

3 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to Finan4 cial Privacy Act of 1978, or section 802(b)(1) of the Na5 tional Security Act of 1947, knowingly and with the intent 

6 to obstruct an investigation or judicial proceeding violates 

7 such prohibitions or requirements applicable by law to 

8 such person shall be imprisoned for not more than five 

9 years. 

10 ‘‘§ 1136. Obstruction of State or local law enforce11 ment with regard to illegal gambling 

12 business 

13 ‘‘(a) ELEMENTS OF THE OFFENSE.—It shall be un14 lawful for two or more persons to conspire to obstruct the 

15 enforcement of the criminal laws of a State or political 

16 subdivision thereof, with the intent to facilitate an illegal 

17 gambling business if— 

18 ‘‘(1) one or more of such persons does any act 

19 to effect the object of such a conspiracy; 

20 ‘‘(2) one or more of such persons is an official 

21 or employee, elected, appointed, or otherwise, of such 

22 State or political subdivision; and 

23 ‘‘(3) one or more of such persons conducts fi24 nances, manages, supervises, directs, or owns all or 

25 part of an illegal gambling business. 


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1 ‘‘(b) DEFINITIONS.—As used in this section— 

2 ‘‘(1) the term ‘illegal gambling business’ means 

3 a gambling business which— 

4 ‘‘(A) is a violation of the law of a State or 

5 political subdivision in which it is conducted; 

6 ‘‘(B) involves five or more persons who 

7 conduct, finance, manage, supervise, direct, or 

8 own all or part of such business; and 

9 ‘‘(C) has been or remains in substantially 

10 continuous operation for a period in excess of 

11 thirty days or has a gross revenue of $2,000 in 

12 any single day; and 

13 ‘‘(2) the term ‘gambling’ includes pool-selling, 

14 bookmaking, maintaining slot machines, roulette 

15 wheels, or dice tables, and conducting lotteries, pol16 icy, bolita or numbers games, or selling chances 

17 therein. 

18 ‘‘(c) EXCLUSION.—This section does not apply to any 

19 bingo game, lottery, or similar game of chance conducted 

20 by an organization exempt from tax under paragraph (3) 

21 of subsection (c) of section 501 of the Internal Revenue 

22 Code of 1986, if no part of the gross receipts derived from 

23 such activity inures to the benefit of any private share24 holder, member, or employee of such organization, except 


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•HR 1860 IH

1 as reimbursement for actual expenses incurred in the con2 duct of such activity. 

3 ‘‘(d) PUNISHMENT.—Whoever violates this section 

4 shall be imprisoned not more than five years. 

5 ‘‘§ 1137. Tampering with a witness, victim, or an in6 formant 

7 ‘‘(a) VIOLENT OFFENSE.— 

8 ‘‘(1) KILLING.—Whoever kills or attempts to 

9 kill another person, with intent to— 

10 ‘‘(A) prevent the attendance or testimony 

11 of any person in an official proceeding; 

12 ‘‘(B) prevent the production of a record, 

13 document, or other object, in an official pro14 ceeding; or 

15 ‘‘(C) prevent the communication by any 

16 person to a law enforcement officer or judge of 

17 the United States of information relating to the 

18 commission or possible commission of a Federal 

19 offense or a violation of conditions of probation, 

20 parole, or release pending judicial proceedings; 

21 shall be punished as provided in paragraph (3). 

22 ‘‘(2) USE OR THREAT OF PHYSICAL FORCE.— 

23 Whoever uses physical force or the threat of physical 

24 force against any person, or attempts to do so, with 

25 intent to— 


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•HR 1860 IH

1 ‘‘(A) influence, delay, or prevent the testi2 mony of any person in an official proceeding; 

3 ‘‘(B) cause or induce any person to— 

4 ‘‘(i) withhold testimony, or withhold a 

5 record, document, or other object, from an 

6 official proceeding; 

7 ‘‘(ii) alter, destroy, mutilate, or con8 ceal an object with intent to impair the in9 tegrity or availability of the object for use 

10 in an official proceeding; 

11 ‘‘(iii) evade legal process summoning 

12 that person to appear as a witness, or to 

13 produce a record, document, or other ob14 ject, in an official proceeding; or 

15 ‘‘(iv) be absent from an official pro16 ceeding to which that person has been 

17 summoned by legal process; or 

18 ‘‘(C) hinder, delay, or prevent the commu19 nication to a law enforcement officer or judge 

20 of the United States of information relating to 

21 the commission or possible commission of a 

22 Federal offense or a violation of conditions of 

23 probation, supervised release, parole, or release 

24 pending judicial proceedings; 

25 shall be punished as provided in paragraph (3). 


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1 ‘‘(3) PUNISHMENT.—The punishment for an of2 fense under this subsection is— 

3 ‘‘(A) in the case of a murder, the same as 

4 provided for a like offense in chapter 10; 

5 ‘‘(B) in the case of an attempt to murder 

6 or the use or attempted use of physical force 

7 against any person, imprisonment for not more 

8 than 30 years; and 

9 ‘‘(C) in the case of the threat of use of 

10 physical force against any person, imprisonment 

11 for not more than 20 years. 

12 ‘‘(b) NONVIOLENT OFFENSES INVOLVING OTHER

13 PERSONS.—Whoever knowingly uses intimidation, threat14 ens, or corruptly persuades another person, or attempts 

15 to do so, or engages in misleading conduct toward another 

16 person, with intent to— 

17 ‘‘(1) influence, delay, or prevent the testimony 

18 of any person in an official proceeding; 

19 ‘‘(2) cause or induce any person to— 

20 ‘‘(A) withhold testimony, or withhold a 

21 record, document, or other object, from an offi22 cial proceeding; 

23 ‘‘(B) alter, destroy, mutilate, or conceal an 

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1 rity or availability for use in an official pro2 ceeding; 

3 ‘‘(C) evade legal process summoning that 

4 person to appear as a witness, or to produce a 

5 record, document, or other object, in an official 

6 proceeding; or 

7 ‘‘(D) be absent from an official proceeding 

8 to which such person has been summoned by 

9 legal process; or 

10 ‘‘(3) hinder, delay, or prevent the communica11 tion to a law enforcement officer or judge of the 

12 United States of information relating to the commis13 sion or possible commission of a Federal offense or 

14 a violation of conditions of probation, supervised re15 lease, parole, or release pending judicial proceedings. 

16 ‘‘(c) NONVIOLENT OFFENSES NOT INVOLVING

17 OTHER PERSONS.—Whoever corruptly— 

18 ‘‘(1) alters, destroys, mutilates, or conceals a 

19 record, document, or other object, or attempts to do 

20 so, with the intent to impair the object’s integrity or 

21 availability for use in an official proceeding; or 

22 ‘‘(2) otherwise obstructs, influences, or impedes 

23 any official proceeding, or attempts to do so, 

24 shall be imprisoned not more than 20 years. 


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1 ‘‘(d) HARASSMENT.—Whoever intentionally harasses 

2 another person and thereby hinders, delays, prevents, or 

3 dissuades any person from— 

4 ‘‘(1) attending or testifying in an official pro5 ceeding; 

6 ‘‘(2) reporting to a law enforcement officer or 

7 judge of the United States the commission or pos8 sible commission of a Federal offense or a violation 

9 of conditions of probation, supervised release, parole, 

10 or release pending judicial proceedings; 

11 ‘‘(3) arresting or seeking the arrest of another 

12 person in connection with a Federal offense; or 

13 ‘‘(4) causing a criminal prosecution, or a parole 

14 or probation revocation proceeding, to be sought or 

15 instituted, or assisting in such prosecution or pro16 ceeding; 

17 shall be imprisoned not more than one year. 

18 ‘‘(e) AFFIRMATIVE DEFENSE.—In a prosecution for 

19 an offense under this section, it is an affirmative defense, 

20 that the conduct consisted solely of lawful conduct and 

21 that the defendant’s sole intention was to encourage, in22 duce, or cause the other person to testify truthfully. 

23 ‘‘(f) SPECIAL RULES.—For the purposes of this sec24 tion— 


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1 ‘‘(1) an official proceeding need not be pending 

2 or about to be instituted at the time of the offense; 

3 and 

4 ‘‘(2) the testimony, or the record, document, or 

5 other object need not be admissible in evidence or 

6 free of a claim of privilege. 

7 ‘‘(g) STATE OF MIND.—In a prosecution for an of8 fense under this section, no state of mind need be proved 

9 with respect to the circumstance— 

10 ‘‘(1) that the official proceeding before a judge, 

11 court, magistrate judge, grand jury, or government 

12 agency is before a judge or court of the United 

13 States, a United States magistrate judge, a bank14 ruptcy judge, a Federal grand jury, or a Federal 

15 Government agency; or 

16 ‘‘(2) that the judge is a judge of the United 

17 States or that the law enforcement officer is an offi18 cer or employee of the Federal Government or a per19 son authorized to act for or on behalf of the Federal 

20 Government or serving the Federal Government as 

21 an adviser or consultant. 

22 ‘‘(h) EXTRATERRITORIAL JURISDICTION.—There is 

23 extraterritorial Federal jurisdiction over an offense under 

24 this section. 


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1 ‘‘(i) VENUE.—A prosecution under this section or 

2 section 1132 may be brought in the district in which the 

3 official proceeding (whether or not pending or about to 

4 be instituted) was intended to be affected or in the district 

5 in which the conduct constituting the alleged offense oc6 curred. 

7 ‘‘(j) INCREASED PUNISHMENT.—If the offense under 

8 this section occurs in connection with a trial of a criminal 

9 case, the maximum term of imprisonment which may be 

10 imposed for the offense shall be the higher of that other11 wise provided by law or the maximum term that could 

12 have been imposed for any offense charged in such case. 

13 ‘‘§ 1138. Retaliating against a witness, victim, or an 

14 informant 

15 ‘‘(a) OFFENSES INVOLVING KILLING.— 

16 ‘‘(1) ELEMENTS OF THE OFFENSE.—Whoever 

17 kills another person with intent to retaliate against 

18 any person for— 

19 ‘‘(A) the attendance of a witness or party 

20 at an official proceeding, or any testimony given 

21 or any record, document, or other object pro22 duced by a witness in an official proceeding; or 

23 ‘‘(B) providing to a law enforcement officer 

24 any information relating to the commission or 

25 possible commission of a Federal offense or a 


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•HR 1860 IH

1 violation of conditions of probation, supervised 

2 release, parole, or release pending judicial pro3 ceedings, 

4 shall be punished as provided in paragraph (2). 

5 ‘‘(2) PUNISHMENT.—The punishment for an of6 fense under this subsection is the same as for a like 

7 offense under subchapter A of chapter 10. 

8 ‘‘(b) OFFENSES INVOLVING BODILY INJURY.—Who9 ever knowingly engages in any conduct and thereby causes 

10 bodily injury to another person or damages the tangible 

11 property of another person, or threatens to do so, with 

12 intent to retaliate against any person for— 

13 ‘‘(1) the attendance of a witness or party at an 

14 official proceeding, or any testimony given or any 

15 record, document, or other object produced by a wit16 ness in an official proceeding; or 

17 ‘‘(2) any information relating to the commission 

18 or possible commission of a Federal offense or a vio19 lation of conditions of probation, supervised release, 

20 parole, or release pending judicial proceedings given 

21 by a person to a law enforcement officer, 

22 shall be imprisoned for not more than 20 years. 

23 ‘‘(c) INCREASED PUNISHMENT.—If the retaliation 

24 occurred because of attendance at or testimony in a crimi25 nal case, the maximum term of imprisonment which may 


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•HR 1860 IH

1 be imposed for the offense under this section shall be the 

2 higher of that otherwise provided by law or the maximum 

3 term that could have been imposed for any offense charged 

4 in such case. 

5 ‘‘(d) EXTRATERRITORIAL JURISDICTION.—There is 

6 extraterritorial Federal jurisdiction over an offense under 

7 this section. 

8 ‘‘(e) OTHER RETALIATION.—Whoever knowingly, 

9 with the intent to retaliate, takes any action harmful to 

10 any person, including interference with the lawful employ11 ment or livelihood of any person, for providing to a law 

12 enforcement officer any truthful information relating to 

13 the commission or possible commission of any Federal of14 fense, shall be imprisoned not more than 10 years. 

15 ‘‘§ 1139. Civil action to restrain harassment of a vic16 tim or witness 

17 ‘‘(a) TEMPORARY RESTRAINING ORDER.—(1) A 

18 United States district court, upon application of the attor19 ney for the Government, shall issue a temporary restrain20 ing order prohibiting harassment of a victim or witness 

21 in a Federal criminal case if the court finds, from specific 

22 facts shown by affidavit or by verified complaint, that 

23 there are reasonable grounds to believe that harassment 

24 of an identified victim or witness in a Federal criminal 

25 case exists or that such order is necessary to prevent and 


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•HR 1860 IH

1 restrain an offense under section 1137, other than an of2 fense consisting of misleading conduct, or under section 

3 1138. 

4 ‘‘(2)(A) A temporary restraining order may be issued 

5 under this section without written or oral notice to the 

6 adverse party or such party’s attorney in a civil action 

7 under this section if the court finds, upon written certifi8 cation of facts by the attorney for the Government, that 

9 such notice should not be required and that there is a rea10 sonable probability that the Government will prevail on the 

11 merits. 

12 ‘‘(B) A temporary restraining order issued without 

13 notice under this section shall be endorsed with the date 

14 and hour of issuance and be filed forthwith in the office 

15 of the clerk of the court issuing the order. 

16 ‘‘(C) A temporary restraining order issued under this 

17 section shall expire at such time, not to exceed 14 days 

18 from issuance, as the court directs; the court, for good 

19 cause shown before expiration of such order, may extend 

20 the expiration date of the order for up to 14 days or for 

21 such longer period agreed to by the adverse party. 

22 ‘‘(D) When a temporary restraining order is issued 

23 without notice, the motion for a protective order shall be 

24 set down for hearing at the earliest possible time and takes 

25 precedence over all matters except older matters of the 


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1 same character, and when such motion comes on for hear2 ing, if the attorney for the Government does not proceed 

3 with the application for a protective order, the court shall 

4 dissolve the temporary restraining order. 

5 ‘‘(E) If on two days notice to the attorney for the 

6 Government, excluding intermediate weekends and holi7 days, or on such shorter notice as the court may prescribe, 

8 the adverse party appears and moves to dissolve or modify 

9 the temporary restraining order, the court shall proceed 

10 to hear and determine such motion as expeditiously as the 

11 ends of justice require. 

12 ‘‘(F) A temporary restraining order shall set forth the 

13 reasons for the issuance of such order, be specific in 

14 terms, and describe in reasonable detail (and not by ref15 erence to the complaint or other document) the act or acts 

16 being restrained. 

17 ‘‘(b) PROTECTIVE ORDER.—(1) A United States dis18 trict court, upon motion of the attorney for the Govern19 ment, or on its own motion shall issue a protective order 

20 prohibiting harassment of a victim or witness in a Federal 

21 criminal case or investigation if the court, after a hearing, 

22 finds by a preponderance of the evidence that harassment 

23 of an identified victim or witness in a Federal criminal 

24 case or investigation exists or that such order is necessary 

25 to prevent and restrain an offense under section 1137, 


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•HR 1860 IH

1 other than an offense consisting of misleading conduct, or 

2 under section 1138. 

3 ‘‘(2) In the case of a minor witness or victim, the 

4 court shall issue a protective order prohibiting harassment 

5 or intimidation of the minor victim or witness if the court 

6 finds evidence that the conduct at issue is reasonably like7 ly to adversely affect the willingness of the minor witness 

8 or victim to testify or otherwise participate in the Federal 

9 criminal case or investigation. Any hearing regarding a 

10 protective order under this paragraph shall be conducted 

11 in accordance with paragraphs (1) and (3), except that 

12 the court may issue an ex parte emergency protective 

13 order in advance of a hearing if exigent circumstances are 

14 present. If such an ex parte order is applied for or issued, 

15 the court shall hold a hearing not later than 14 days after 

16 the date such order was applied for or is issued. 

17 ‘‘(3) At the hearing referred to in paragraph (1) of 

18 this subsection, any adverse party named in the complaint 

19 shall have the right to present evidence and cross-examine 

20 witnesses. 

21 ‘‘(4) A protective order shall set forth the reasons for 

22 the issuance of such order, be specific in terms, describe 

23 in reasonable detail the act or acts being restrained. 

24 ‘‘(5) The court shall set the duration of effect of the 

25 protective order for such period as the court determines 


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1 necessary to prevent harassment of the victim or witness 

2 but in no case for a period in excess of three years from 

3 the date of such order’s issuance. The attorney for the 

4 Government may, at any time within ninety days before 

5 the expiration of such order, apply for a new protective 

6 order under this section, except that in the case of a minor 

7 victim or witness, the court may order that such protective 

8 order expires on the later of 3 years after the date of 

9 issuance or the date of the eighteenth birthday of that 

10 minor victim or witness. 

11 ‘‘(c) OFFENSE.—Whoever knowingly and inten12 tionally violates an order issued under this section shall 

13 be fined under this title, imprisoned not more than 5 

14 years, or both. 

15 ‘‘(d) DEFINITIONS.—(1) As used in this section— 

16 ‘‘(A) the term ‘course of conduct’ means a se17 ries of acts over a period of time, however short, in18 dicating a continuity of purpose; 

19 ‘‘(B) the term ‘harassment’ means a serious act 

20 or course of conduct directed at a specific person 

21 that— 

22 ‘‘(i) causes substantial emotional distress 

23 in such person; and 

24 ‘‘(ii) serves no legitimate purpose; 


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1 ‘‘(C) the term ‘family’ has the meaning given 

2 that term in section 136 and includes grandchildren; 

3 ‘‘(D) the term ‘intimidation’ means a serious 

4 act or course of conduct directed at a specific person 

5 that— 

6 ‘‘(i) causes fear or apprehension in such 

7 person; and 

8 ‘‘(ii) serves no legitimate purpose; 

9 ‘‘(E) the term ‘restricted personal information’ 

10 has the meaning give that term in section 119; 

11 ‘‘(F) the term ‘serious act’ means a single act 

12 of threatening, retaliatory, harassing, or violent con13 duct that is reasonably likely to influence the will14 ingness of a victim or witness to testify or partici15 pate in a Federal criminal case or investigation; and 

16 ‘‘(G) the term ‘specific person’ means a victim 

17 or witness in a Federal criminal case or investiga18 tion, and includes a family member of such a victim 

19 or witness. 

20 ‘‘(2) For purposes of subparagraphs (B)(ii) and 

21 (D)(ii) of paragraph (1), a court shall presume, subject 

22 to rebuttal by the person, that the distribution or publica23 tion using the Internet of a photograph of, or restricted 

24 personal information regarding, a specific person serves 

25 no legitimate purpose, unless that use is authorized by 


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1 that specific person, is for news reporting purposes, is de2 signed to locate that specific person (who has been re3 ported to law enforcement as a missing person), or is part 

4 of a government-authorized effort to locate a fugitive or 

5 person of interest in a criminal, antiterrorism, or national 

6 security investigation. 

7 ‘‘§ 1140. Civil action to protect against retaliation in 

8 fraud cases 

9 ‘‘(a) WHISTLEBLOWER PROTECTION FOR EMPLOY10 EES OF PUBLICLY TRADED COMPANIES.—No company 

11 with a class of securities registered under section 12 of 

12 the Securities Exchange Act of 1934, or that is required 

13 to file reports under section 15(d) of the Securities Ex14 change Act of 1934, including any subsidiary or affiliate 

15 whose financial information is included in the consolidated 

16 financial statements of such company, or nationally recog17 nized statistical rating organization (as defined in section 

18 3(a) of the Securities Exchange Act of 1934, or any offi19 cer, employee, contractor, subcontractor, or agent of such 

20 company or nationally recognized statistical rating organi21 zation, may discharge, demote, suspend, threaten, harass, 

22 or in any other manner discriminate against an employee 

23 in the terms and conditions of employment because of any 

24 lawful act done by the employee— 


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1 ‘‘(1) to provide information, cause information 

2 to be provided, or otherwise assist in an investiga3 tion regarding any conduct which the employee rea4 sonably believes constitutes a violation of section 

5 801, 803, 804, or 807, any rule or regulation of the 

6 Securities and Exchange Commission, or any provi7 sion of Federal law relating to fraud against share8 holders, when the information or assistance is pro9 vided to or the investigation is conducted by— 

10 ‘‘(A) a Federal regulatory or law enforce11 ment agency; 

12 ‘‘(B) any Member of Congress or any com13 mittee of Congress; or 

14 ‘‘(C) a person with supervisory authority 

15 over the employee (or such other person work16 ing for the employer who has the authority to 

17 investigate, discover, or terminate misconduct); 

18 or 

19 ‘‘(2) to file, cause to be filed, testify, participate 

20 in, or otherwise assist in a proceeding filed or about 

21 to be filed (with any knowledge of the employer) re22 lating to an alleged violation of section 801, 803, 

23 804, or 807, any rule or regulation of the Securities 

24 and Exchange Commission, or any provision of Fed25 eral law relating to fraud against shareholders. 


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1 ‘‘(b) ENFORCEMENT ACTION.— 

2 ‘‘(1) IN GENERAL.—A person who alleges dis3 charge or other discrimination by any person in vio4 lation of subsection (a) may seek relief under sub5 section (c), by— 

6 ‘‘(A) filing a complaint with the Secretary 

7 of Labor; or 

8 ‘‘(B) if the Secretary has not issued a final 

9 decision within 180 days of the filing of the 

10 complaint and there is no showing that such 

11 delay is due to the bad faith of the claimant, 

12 bringing an action at law or equity for de novo 

13 review in the appropriate district court of the 

14 United States, which shall have jurisdiction 

15 over such an action without regard to the 

16 amount in controversy. 

17 ‘‘(2) PROCEDURE.— 

18 ‘‘(A) IN GENERAL.—An action under para19 graph (1)(A) shall be governed under the rules 

20 and procedures set forth in section 42121(b) of 

21 title 49. 

22 ‘‘(B) EXCEPTION.—Notification made 

23 under section 42121(b)(1) of title 49, shall be 

24 made to the person named in the complaint and 

25 to the employer. 


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1 ‘‘(C) BURDENS OF PROOF.—An action 

2 brought under paragraph (1)(B) shall be gov3 erned by the legal burdens of proof set forth in 

4 section 42121(b) of title 49. 

5 ‘‘(D) STATUTE OF LIMITATIONS.—An ac6 tion under paragraph (1) shall be commenced 

7 not later than 180 days after the date on which 

8 the violation occurs, or after the date on which 

9 the employee became aware of the violation. 

10 ‘‘(E) JURY TRIAL.—A party to an action 

11 brought under paragraph (1)(B) shall be enti12 tled to trial by jury. 

13 ‘‘(c) REMEDIES.— 

14 ‘‘(1) IN GENERAL.—An employee prevailing in 

15 any action under subsection (b)(1) shall be entitled 

16 to all relief necessary to make the employee whole. 

17 ‘‘(2) COMPENSATORY DAMAGES.—Relief for any 

18 action under paragraph (1) shall include— 

19 ‘‘(A) reinstatement with the same seniority 

20 status that the employee would have had, but 

21 for the discrimination; 

22 ‘‘(B) the amount of back pay, with inter23 est; and 

24 ‘‘(C) compensation for any special damages 

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1 cluding litigation costs, expert witness fees, and 

2 reasonable attorney fees. 

3 ‘‘(d) RIGHTS RETAINED BY EMPLOYEE.—Nothing in 

4 this section diminishes the rights, privileges, or remedies 

5 of any employee under any Federal or State law, or under 

6 any collective bargaining agreement. 

7 ‘‘(e) NONENFORCEABILITY OF CERTAIN PROVISIONS

8 WAIVING RIGHTS AND REMEDIES OR REQUIRING ARBI9 TRATION OF DISPUTES.— 

10 ‘‘(1) WAIVER OF RIGHTS AND REMEDIES.—The 

11 rights and remedies provided for in this section may 

12 not be waived by any agreement, policy form, or con13 dition of employment, including by a predispute ar14 bitration agreement. 

15 ‘‘(2) PREDISPUTE ARBITRATION AGREE16 MENTS.—No predispute arbitration agreement shall 

17 be valid or enforceable, if the agreement requires ar18 bitration of a dispute arising under this section. 

19 ‘‘§ 1141. Definitions for certain provisions; general 

20 provision 

21 ‘‘(a) DEFINITIONS FOR SECTIONS 1137 AND 1138.— 

22 As used in sections 1137 and 1138 and in this section— 

23 ‘‘(1) the term ‘official proceeding’ means— 

24 ‘‘(A) a proceeding before a judge or court 

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1 istrate judge, a bankruptcy judge, a judge of 

2 the United States Tax Court, a special trial 

3 judge of the Tax Court, a judge of the United 

4 States Court of Federal Claims, or a Federal 

5 grand jury; 

6 ‘‘(B) a proceeding before the Congress; 

7 ‘‘(C) a proceeding before a Federal Gov8 ernment agency which is authorized by law; or 

9 ‘‘(D) a proceeding involving the business of 

10 insurance whose activities affect interstate com11 merce before any insurance regulatory official 

12 or agency or any agent or examiner appointed 

13 by such official or agency to examine the affairs 

14 of any person engaged in the business of insur15 ance whose activities affect interstate com16 merce; 

17 ‘‘(2) the term ‘physical force’ means physical 

18 action against another, and includes confinement; 

19 ‘‘(3) the term ‘misleading conduct’ means— 

20 ‘‘(A) knowingly making a false statement; 

21 ‘‘(B) intentionally omitting information 

22 from a statement and thereby causing a portion 

23 of such statement to be misleading, or inten24 tionally concealing a material fact, and thereby 

25 creating a false impression by such statement; 


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1 ‘‘(C) with intent to mislead, knowingly 

2 submitting or inviting reliance on a writing or 

3 recording that is false, forged, altered, or other4 wise lacking in authenticity; 

5 ‘‘(D) with intent to mislead, knowingly 

6 submitting or inviting reliance on a sample, 

7 specimen, map, photograph, boundary mark, or 

8 other object that is misleading in a material re9 spect; or 

10 ‘‘(E) knowingly using a trick, scheme, or 

11 device with intent to mislead; 

12 ‘‘(4) the term ‘law enforcement officer’ means 

13 an officer or employee of the Federal Government, 

14 or a person authorized to act for or on behalf of the 

15 Federal Government or serving the Federal Govern16 ment as an adviser or consultant— 

17 ‘‘(A) authorized under law to engage in or 

18 supervise the prevention, detection, investiga19 tion, or prosecution of an offense; or 

20 ‘‘(B) serving as a probation or pretrial 

21 services officer under this title; 

22 ‘‘(5) the term ‘corruptly persuades’ does not in23 clude conduct which would be misleading conduct 

24 but for a lack of a state of mind. 


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1 ‘‘(b) DEFINITION FOR SECTION 1133.—As used in 

2 section 1133, the term ‘corruptly’ means acting with an 

3 improper purpose, personally or by influencing another, 

4 including making a false or misleading statement, or with5 holding, concealing, altering, or destroying a document or 

6 other information. 

7 ‘‘(c) EXCLUSION.—This subchapter does not prohibit 

8 or punish the providing of lawful, bona fide, legal rep9 resentation services in connection with or anticipation of 

10 an official proceeding. 

11 ‘‘§ 1142. Destruction of corporate audit records 

12 ‘‘(a) REGULATORY REQUIREMENTS.—(1) Any ac13 countant who conducts an audit of an issuer of securities 

14 to which section 10A(a) of the Securities Exchange Act 

15 of 1934 applies, shall maintain all audit or review 

16 workpapers for a period of 5 years from the end of the 

17 fiscal period in which the audit or review was concluded. 

18 ‘‘(2) The Securities and Exchange Commission shall 

19 promulgate, within 180 days, after adequate notice and 

20 an opportunity for comment, such rules and regulations, 

21 as are reasonably necessary, relating to the retention of 

22 relevant records such as workpapers, documents that form 

23 the basis of an audit or review, memoranda, correspond24 ence, communications, other documents, and records (in25 cluding electronic records) which are created, sent, or reVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00876 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 ceived in connection with an audit or review and contain 

2 conclusions, opinions, analyses, or financial data relating 

3 to such an audit or review, which is conducted by any ac4 countant who conducts an audit of an issuer of securities 

5 to which section 10A(a) of the Securities Exchange Act 

6 of 1934 applies. The Commission may, from time to time, 

7 amend or supplement the rules and regulations that it is 

8 required to promulgate under this section, after adequate 

9 notice and an opportunity for comment, in order to ensure 

10 that such rules and regulations adequately comport with 

11 the purposes of this section. 

12 ‘‘(b) OFFENSE.—Whoever knowingly violates sub13 section (a)(1), or any rule or regulation promulgated by 

14 the Securities and Exchange Commission under subsection 

15 (a)(2), shall be imprisoned not more than 10 years. 

16 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec17 tion diminishes or relieves any person of any other duty 

18 or obligation imposed by Federal or State law or regula19 tion to maintain, or refrain from destroying, any docu20 ment. 

21 ‘‘SUBCHAPTER J—PRISONS 

‘‘Sec. 

‘‘1161. Providing or possessing contraband in prison. 

‘‘1162. Mutiny and riot prohibited. 

‘‘1163. Trespass on Bureau of Prisons reservations and land. 

22 ‘‘§ 1161. Providing or possessing contraband in prison 

23 ‘‘(a) OFFENSE.—Whoever— 


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1 ‘‘(1) in violation of a statute or a rule or order 

2 issued under a statute, provides to an inmate of a 

3 prison a prohibited object, or attempts to do so; or 

4 ‘‘(2) being an inmate of a prison, makes, pos5 sesses, or obtains, or attempts to make or obtain, a 

6 prohibited object; 

7 shall be punished as provided in subsection (b) of this sec8 tion. 

9 ‘‘(b) PUNISHMENT.—The punishment for an offense 

10 under this section is a fine under this title or— 

11 ‘‘(1) imprisonment for not more than 20 years, 

12 or both, if the object is specified in subsection 

13 (d)(1)(C) of this section; 

14 ‘‘(2) imprisonment for not more than 10 years, 

15 or both, if the object is specified in subsection 

16 (d)(1)(A) of this section; 

17 ‘‘(3) imprisonment for not more than 5 years, 

18 or both, if the object is specified in subsection 

19 (d)(1)(B) of this section; 

20 ‘‘(4) imprisonment for not more than one year, 

21 or both, if the object is specified in subsection 

22 (d)(1)(D), (d)(1)(E), or (d)(1)(F) of this section; 

23 and 


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1 ‘‘(5) imprisonment for not more than 6 months, 

2 or both, if the object is specified in subsection 

3 (d)(1)(G) of this section. 

4 ‘‘(c) CONSECUTIVE PUNISHMENT REQUIRED IN CER5 TAIN CASES.—Any punishment imposed under subsection 

6 (b) for a violation of this section involving a controlled 

7 substance shall be consecutive to any other sentence im8 posed by any court for an offense involving such a con9 trolled substance. Any punishment imposed under sub10 section (b) for a violation of this section by an inmate of 

11 a prison shall be consecutive to the sentence being served 

12 by such inmate at the time the inmate commits such viola13 tion. 

14 ‘‘(d) DEFINITIONS.—As used in this section— 

15 ‘‘(1) the term ‘prohibited object’ means— 

16 ‘‘(A) a firearm or destructive device or a 

17 controlled substance in schedule I or II, other 

18 than marijuana or a controlled substance re19 ferred to in subparagraph (C) of this sub20 section; 

21 ‘‘(B) marijuana or a controlled substance 

22 in schedule III, other than a controlled sub23 stance referred to in subparagraph (C) of this 

24 subsection, ammunition, a weapon (other than a 

25 firearm or destructive device), or an object that 


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1 is designed or intended to be used as a weapon 

2 or to facilitate escape from a prison; 

3 ‘‘(C) a narcotic drug, methamphetamine, 

4 its salts, isomers, and salts of its isomers, lyser5 gic acid diethylamide, or phencyclidine; 

6 ‘‘(D) a controlled substance (other than a 

7 controlled substance referred to in subpara8 graph (A), (B), or (C) of this subsection) or an 

9 alcoholic beverage; 

10 ‘‘(E) any United States or foreign cur11 rency; 

12 ‘‘(F) a phone or other device used by a 

13 user of commercial mobile service (as defined in 

14 section 332(d) of the Communications Act of 

15 1934) in connection with such service; and 

16 ‘‘(G) any other object that threatens the 

17 order, discipline, or security of a prison, or the 

18 life, health, or safety of an individual; 

19 ‘‘(2) the terms ‘ammunition’, ‘firearm’, and ‘de20 structive device’ have, respectively, the meanings 

21 given those terms in section 581; 

22 ‘‘(3) the term ‘narcotic drug’ has the meaning 

23 given that term in section 102 of the Controlled 

24 Substances Act; and 


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1 ‘‘(4) the term ‘prison’ means a Federal correc2 tional, detention, or penal facility or any prison, in3 stitution, or facility in which persons are held in cus4 tody by direction of or pursuant to a contract or 

5 agreement with the Attorney General. 

6 ‘‘§ 1162. Mutiny and riot prohibited 

7 ‘‘Whoever instigates any mutiny or riot, at any Fed8 eral penal, detention, or correctional facility, shall be im9 prisoned not more than ten years. 

10 ‘‘§ 1163. Trespass on Bureau of Prisons reservations 

11 and land 

12 ‘‘Whoever, without lawful authority or permission, 

13 goes upon a reservation, land, or a facility of the Bureau 

14 of Prisons shall be imprisoned not more than six months. 

15 ‘‘SUBCHAPTER K—PUBLIC OFFICERS AND 

16 EMPLOYEES 

‘‘Sec. 

‘‘1171. Disclosure of confidential information generally. 

17 ‘‘§ 1171. Disclosure of confidential information gen18 erally 

19 ‘‘Whoever, being an officer or employee of the United 

20 States or of any department or agency thereof, any person 

21 acting on behalf of the Federal Housing Finance Agency, 

22 or agent of the Department of Justice as defined in the 

23 Antitrust Civil Process Act, or being an employee of a pri24 vate sector organization who is or was assigned to an 


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1 agency under chapter 37 of title 5, publishes, divulges, dis2 closes, or makes known in any manner or to any extent 

3 not authorized by law any information coming to him in 

4 the course of his employment or official duties or by rea5 son of any examination or investigation made by, or re6 turn, report or record made to or filed with, such depart7 ment or agency or officer or employee thereof, which infor8 mation concerns or relates to the trade secrets, processes, 

9 operations, style of work, or apparatus, or to the identity, 

10 confidential statistical data, amount or source of any in11 come, profits, losses, or expenditures of any person, firm, 

12 partnership, corporation, or association; or permits any in13 come return or copy thereof or any book containing any 

14 abstract or particulars thereof to be seen or examined by 

15 any person except as provided by law; shall be imprisoned 

16 not more than one year; and shall be removed from office 

17 or employment. 

18 ‘‘SUBCHAPTER L—RECORDS AND REPORTS 

‘‘Sec. 

‘‘1181. Concealment, removal, or mutilation generally. 

‘‘1182. False entries and reports of moneys or securities. 

19 ‘‘§ 1181. Concealment, removal, or mutilation gen20 erally 

21 ‘‘Whoever knowingly and unlawfully conceals, re22 moves, mutilates, obliterates, or destroys, or attempts to 

23 do so, or, with intent to do so takes and carries away any 

24 record, proceeding, map, book, paper, document, or other 


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1 thing, filed or deposited with any clerk or officer of any 

2 court of the United States, or in any public office, or with 

3 any judicial or public officer of the United States, shall 

4 be imprisoned not more than three years. 

5 ‘‘§ 1182. False entries and reports of moneys or secu6 rities 

7 ‘‘Whoever— 

8 ‘‘(1) being an officer, clerk, agent, or other em9 ployee of the United States or any of its agencies, 

10 charged with the duty of keeping accounts or records 

11 of any kind, with intent to deceive, mislead, injure, 

12 or defraud, makes in any such account or record any 

13 false or fictitious entry or record of any matter re14 lating to or connected with his duties; or 

15 ‘‘(2) being an officer, clerk, agent, or other em16 ployee of the United States or any of its agencies, 

17 charged with the duty of receiving, holding, or pay18 ing over moneys or securities to, for, or on behalf of 

19 the United States, or of receiving or holding in trust 

20 for any person any moneys or securities, with like 

21 intent, makes a false report of such moneys or secu22 rities; 

23 shall be imprisoned not more than ten years. 

24 ‘‘SUBCHAPTER M—SEARCHES AND SEIZURES 

‘‘Sec. 

‘‘1191. Destruction or removal of property to prevent seizure. 

‘‘1192. Rescue of seized property. 


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1 ‘‘§ 1191. Destruction or removal of property to pre2 vent seizure 

3 ‘‘(a) DESTRUCTION OR REMOVAL OF PROPERTY TO

4 PREVENT SEIZURE.—Whoever, before, during, or after 

5 any search for or seizure of property by any person au6 thorized to make such search or seizure, knowingly de7 stroys, damages, wastes, disposes of, transfers, or other8 wise takes any action, or knowingly attempts to destroy, 

9 damage, waste, dispose of, transfer, or otherwise take any 

10 action, for the purpose of preventing or impairing the Gov11 ernment’s lawful authority to take such property into its 

12 custody or control or to continue holding such property 

13 under its lawful custody and control, shall be imprisoned 

14 not more than 5 years. 

15 ‘‘(b) IMPAIRMENT OF IN REM JURISDICTION.—Who16 ever, knowing that property is subject to the in rem juris17 diction of a United States court for purposes of civil for18 feiture under Federal law, knowingly and without author19 ity from that court, destroys, damages, wastes, disposes 

20 of, transfers, or otherwise takes any action, or knowingly 

21 attempts to destroy, damage, waste, dispose of, transfer, 

22 or otherwise take any action, for the purpose of impairing 

23 or defeating the court’s continuing in rem jurisdiction over 

24 the property, shall be imprisoned not more than 5 years. 

25 ‘‘(c) NOTICE OF SEARCH OR EXECUTION OF SEIZURE

26 WARRANT OR WARRANT OF ARREST IN REM.—Whoever, 


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1 having knowledge that any person authorized to make 

2 searches and seizures, or to execute a seizure warrant or 

3 warrant of arrest in rem, in order to prevent the author4 ized seizing or securing of any person or property, gives 

5 notice or attempts to give notice in advance of the search, 

6 seizure, or execution of a seizure warrant or warrant of 

7 arrest in rem, to any person shall be imprisoned not more 

8 than 5 years. 

9 ‘‘(d) NOTICE OF CERTAIN ELECTRONIC SURVEIL10 LANCE.—Whoever, having knowledge that a Federal inves11 tigative or law enforcement officer has been authorized or 

12 has applied for authorization under subchapter C of chap13 ter 37 to intercept a wire, oral, or electronic communica14 tion, in order to obstruct, impede, or prevent such inter15 ception, gives notice or attempts to give notice of the pos16 sible interception to any person shall be imprisoned not 

17 more than 5 years. 

18 ‘‘(e) FOREIGN INTELLIGENCE SURVEILLANCE.— 

19 Whoever, having knowledge that a Federal officer has 

20 been authorized or has applied for authorization to con21 duct electronic surveillance under the Foreign Intelligence 

22 Surveillance Act of 1978, in order to obstruct, impede, or 

23 prevent such activity, gives notice or attempts to give no24 tice of the possible activity to any person shall be impris25 oned not more than 5 years. 


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1 ‘‘§ 1192. Rescue of seized property 

2 ‘‘Whoever forcibly rescues, dispossesses, or attempts 

3 to rescue or dispossess any property, articles, or objects 

4 after the same shall have been taken, detained, or seized 

5 by any officer or other person under the authority of any 

6 revenue law of the United States, or by any person author7 ized to make searches and seizures, shall be imprisoned 

8 not more than two years. 

9 ‘‘SUBCHAPTER N—MALICIOUS MISCHIEF 

‘‘1201. Government property or contracts. 

‘‘1202. Communication lines, stations, or systems. 

‘‘1203. Buildings or property within special maritime and territorial jurisdiction. 

‘‘1204. Tampering with consumer products. 

‘‘1205. Destruction of an energy facility. 

‘‘1206. Harming animals used in law enforcement. 

‘‘1207. Destruction of veterans’ memorials. 

10 ‘‘§ 1201. Government property or contracts 

11 ‘‘Whoever knowingly and without authority injures or 

12 commits any depredation against any property of the 

13 United States, or of any department or agency thereof, 

14 or any property which has been or is being manufactured 

15 or constructed for the United States, or any department 

16 or agency thereof, or attempts to commit any of the fore17 going offenses, shall be punished as follows: 

18 ‘‘(1) If the damage or attempted damage to 

19 such property exceeds the sum of $1,000, by impris20 onment for not more than ten years. 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 ‘‘(2) If the damage or attempted damage to 

2 such property does not exceed the sum of $1,000, by 

3 imprisonment for not more than one year. 

4 ‘‘§ 1202. Communication lines, stations, or systems 

5 ‘‘(a) OFFENSE.—Whoever knowingly and without au6 thority— 

7 ‘‘(1) injures or destroys any of the works, prop8 erty, or material of any radio, telegraph, telephone 

9 or cable, line, station, or system, or other means of 

10 communication, operated or controlled by the United 

11 States, or used or intended to be used for military 

12 or civil defense functions of the United States, 

13 whether constructed or in process of construction; 

14 ‘‘(2) interferes in any way with the working or 

15 use of any such line or system; or 

16 ‘‘(3) obstructs, hinders, or delays the trans17 mission of any communication over any such line or 

18 system; 

19 shall be imprisoned not more than ten years. 

20 ‘‘(b) EXCLUSION.—In the case of any works, prop21 erty, or material, not operated or controlled by the United 

22 States, this section does not apply to any lawful strike ac23 tivity, or other lawful concerted activities for the purposes 

24 of collective bargaining or other mutual aid and protection 

25 which do not injure or destroy any line or system used 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 or intended to be used for the military or civil defense 

2 functions of the United States. 

3 ‘‘§ 1203. Buildings or property within special mari4 time and territorial jurisdiction 

5 ‘‘Whoever, within the special maritime and territorial 

6 jurisdiction of the United States, knowingly and without 

7 authority destroys or injures any structure, conveyance, 

8 or other real or personal property shall be imprisoned not 

9 more than five years, and if the building be a dwelling, 

10 or the life of any person be placed in jeopardy, shall be 

11 imprisoned not more than twenty years. 

12 ‘‘§ 1204. Tampering with consumer products 

13 ‘‘(a) TAMPERING IN GENERAL.—Whoever, with reck14 less disregard for the risk that another person will be 

15 placed in danger of death or bodily injury and under cir16 cumstances manifesting extreme indifference to such risk, 

17 tampers with any consumer product that affects interstate 

18 or foreign commerce, or the labeling of, or container for, 

19 any such product, or attempts to do so, shall— 

20 ‘‘(1) in the case of an attempt, be imprisoned 

21 not more than ten years; 

22 ‘‘(2) if death of an individual results, be impris23 oned for any term of years or for life; 


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•HR 1860 IH

1 ‘‘(3) if serious bodily injury to any individual 

2 results, be imprisoned not more than twenty years; 

3 and 

4 ‘‘(4) in any other case, be imprisoned not more 

5 than ten years. 

6 ‘‘(b) TAINTING WITH INTENT TO CAUSE SERIOUS

7 INJURY THROUGH BUSINESS.—Whoever, with intent to 

8 cause serious injury to the business of any person, taints 

9 any consumer product or renders materially false or mis10 leading the labeling of, or container for, a consumer prod11 uct, if such consumer product affects interstate or foreign 

12 commerce, shall be imprisoned not more than three years. 

13 ‘‘(c) FALSE INFORMATION.—(1) Whoever knowingly 

14 communicates false information that a consumer product 

15 has been tainted, if such product or the results of such 

16 communication affect interstate or foreign commerce, and 

17 if such tainting, had it occurred, would create a risk of 

18 death or bodily injury to another person, shall be impris19 oned not more than five years. 

20 ‘‘(2) As used in paragraph (1) of this subsection, the 

21 term ‘communicates false information’ means commu22 nicates information that is false and that the communi23 cator knows is false, under circumstances in which the in24 formation may reasonably be expected to be believed. 


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1 ‘‘(d) THREATS.—Whoever knowingly threatens, 

2 under circumstances in which the threat may reasonably 

3 be expected to be believed, that conduct that, if it oc4 curred, would violate subsection (a) of this section will 

5 occur, shall be imprisoned not more than five years. 

6 ‘‘(e) CONSPIRACY.—Whoever is a party to a con7 spiracy of two or more persons to commit an offense under 

8 subsection (a) of this section, if any of the parties inten9 tionally engages in any conduct in furtherance of such of10 fense, shall be imprisoned not more than ten years. 

11 ‘‘(f) TAMPERING WITH WRITING.—(1) Whoever, 

12 without the consent of the manufacturer, retailer, or dis13 tributor, intentionally tampers with a consumer product 

14 that is sold in interstate or foreign commerce by knowingly 

15 placing or inserting any writing in the consumer product, 

16 or in the container for the consumer product, before the 

17 sale of the consumer product to any consumer shall be 

18 imprisoned not more than 1 year. 

19 ‘‘(2) Notwithstanding paragraph (1), if any person 

20 commits a violation of this subsection after a prior convic21 tion under this section becomes final, such person shall 

22 be imprisoned for not more than 3 years. 

23 ‘‘(3) In this subsection, the term ‘writing’ means any 

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1 bills, notices, or advertising, that contain letters, words, 

2 or pictorial representations. 

3 ‘‘(g) AUTHORITY OF FOOD AND DRUG ADMINISTRA4 TION AND DEPARTMENT OF AGRICULTURE.—In addition 

5 to any other agency which has authority to investigate vio6 lations of this section, the Food and Drug Administration 

7 and the Department of Agriculture, respectively, have au8 thority to investigate violations of this section involving 

9 a consumer product that is regulated by a provision of 

10 law such Administration or Department, as the case may 

11 be, administers. 

12 ‘‘(h) DEFINITIONS.—As used in this section— 

13 ‘‘(1) the term ‘consumer product’ means— 

14 ‘‘(A) any ‘food’, ‘drug’, ‘device’, or ‘cos15 metic’, as those terms are respectively defined 

16 in section 201 of the Federal Food, Drug, and 

17 Cosmetic Act; or 

18 ‘‘(B) any article, product, or commodity 

19 which is customarily produced or distributed for 

20 consumption by individuals, or use by individ21 uals for purposes of personal care or in the per22 formance of services ordinarily rendered within 

23 the household, and which is designed to be con24 sumed or expended in the course of such con25 sumption or use; and 


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1 ‘‘(2) the term ‘labeling’ has the meaning given 

2 such term in section 201(m) of the Federal Food, 

3 Drug, and Cosmetic Act. 

4 ‘‘§ 1205. Destruction of an energy facility 

5 ‘‘(a) DAMAGE EXCEEDING $100,000.—Whoever 

6 knowingly and without authority— 

7 ‘‘(1) damages the property of an energy facility 

8 in an amount that exceeds $100,000; or 

9 ‘‘(2) damages the property of an energy facility 

10 in any amount and thereby causes a significant 

11 interruption or impairment of a function of an en12 ergy facility; 

13 shall be imprisoned for not more than 20 years. 

14 ‘‘(b) DAMAGE EXCEEDING $5,000.—Whoever know15 ingly and without authority damages the property of an 

16 energy facility in an amount that exceeds $5,000 shall be 

17 imprisoned for not more than five years. 

18 ‘‘(c) DEFINITION.—As used in this section, the term 

19 ‘energy facility’ means a facility that is involved in the 

20 production, storage, transmission, or distribution of elec21 tricity, fuel, or another form or source of energy, or re22 search, development, or demonstration facilities relating 

23 thereto, regardless of whether such facility is still under 

24 construction or is otherwise not functioning, except a facil25 ity subject to the jurisdiction, administration, or in the 


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1 custody of the Nuclear Regulatory Commission or an 

2 interstate gas pipeline facility as defined in section 60101 

3 of title 49. 

4 ‘‘(d) INCREASED PUNISHMENT WHERE DEATH RE5 SULTS.—Whoever is convicted of a violation of subsection 

6 (a) or (b) that has resulted in the death of any person 

7 shall be subject to imprisonment for any term of years 

8 or life. 

9 ‘‘§ 1206. Harming animals used in law enforcement 

10 ‘‘(a) OFFENSE.—Whoever maliciously harms any po11 lice animal shall be imprisoned not more than 1 year. If 

12 the offense permanently disables or disfigures the animal, 

13 or causes serious bodily injury to or the death of the ani14 mal, the maximum term of imprisonment shall be 10 

15 years. 

16 ‘‘(b) DEFINITION.—In this section, the term ‘police 

17 animal’ means a dog or horse employed by a Federal agen18 cy (whether in the executive, legislative, or judicial branch) 

19 for the principal purpose of aiding in the detection of 

20 criminal activity, enforcement of laws, or apprehension of 

21 criminal offenders. 

22 ‘‘§ 1207. Destruction of veterans’ memorials 

23 ‘‘(a) OFFENSE.—Whoever, as made applicable by 

24 subsection (b), knowingly and without authority injures or 

25 destroys any structure, plaque, statue, or other monument 


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•HR 1860 IH

1 on public property commemorating the service of any per2 son or persons in the armed forces of the United States 

3 shall be imprisoned not more than 10 years. 

4 ‘‘(b) FEDERAL NEXUS.—Subsection (a) applies if— 

5 ‘‘(1) in committing the offense, the defendant 

6 travels or causes another to travel in interstate or 

7 foreign commerce, or uses the mail or an instrumen8 tality of interstate or foreign commerce; or 

9 ‘‘(2) the structure, plaque, statue, or other 

10 monument is located on property owned by, or under 

11 the jurisdiction of, the Federal Government. 

12 ‘‘SUBCHAPTER O—PUBLIC LANDS 

‘‘1211. Timber removed or transported. 

‘‘1212. Trees cut or injured. 

‘‘1213. Timber set afire. 

‘‘1214. Fires left unattended and unextinguished. 

‘‘1215. Trespass on national forest lands. 

‘‘1216. Hazardous or injurious devices on Federal lands. 

13 ‘‘§ 1211. Timber removed or transported 

14 ‘‘(a) OFFENSE.—Whoever knowingly and without au15 thority— 

16 ‘‘(1) cuts or destroys any timber growing on the 

17 public lands of the United States; 

18 ‘‘(2) removes any timber from those public 

19 lands, with intent to export or to dispose of that 

20 timber; or 

21 ‘‘(3) being the owner, master, pilot, operator, or 

22 consignee of any vessel, motor vehicle, or aircraft or 


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•HR 1860 IH

1 the owner, director, or agent of any railroad, know2 ingly transports any timber so cut or removed, or 

3 lumber manufactured from that timber; 

4 shall be imprisoned not more than one year. 

5 ‘‘(b) EXCLUSION.—This section does not prevent any 

6 miner or agriculturist from clearing land in the ordinary 

7 working of the miner’s mining claim, or in the preparation 

8 of the agriculturalist’s farm for tillage, or from taking the 

9 timber necessary to support improvements, or the taking 

10 of timber for the use of the United States; nor shall it 

11 interfere with or take away any right or privilege under 

12 any existing law of the United States to cut or remove 

13 timber from any public lands. 

14 ‘‘§ 1212. Trees cut or injured 

15 ‘‘Whoever knowingly and without authority cuts, in16 jures, or destroys any tree growing, standing, or being 

17 upon any land of the United States which, in pursuance 

18 of law, has been reserved or purchased by the United 

19 States for any public use, or upon any Indian reservation, 

20 or lands belonging to or occupied by any tribe of Indians 

21 under the authority of the United States, or any Indian 

22 allotment while the title to the same shall be held in trust 

23 by the Government, or while the same shall remain in24 alienable by the allottee without the consent of the United 

25 States, shall be imprisoned not more than one year. 


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1 ‘‘§ 1213. Timber set afire 

2 ‘‘(a) OFFENSE.—Whoever, knowingly and without 

3 authority, sets on fire any timber, underbrush, or grass 

4 or other inflammable material upon the public domain or 

5 upon any lands owned or leased by or under the partial, 

6 concurrent, or exclusive jurisdiction of the United States, 

7 or under contract for purchase or for the acquisition of 

8 which condemnation proceedings have been instituted, or 

9 upon any Indian reservation or lands belonging to or occu10 pied by any tribe or group of Indians under authority of 

11 the United States, or upon any Indian allotment while the 

12 title to the same shall be held in trust by the Government, 

13 or while the same shall remain inalienable by the allottee 

14 without the consent of the United States, shall be impris15 oned not more than five years. 

16 ‘‘(b) EXCLUSION.—This section does not apply in the 

17 case of a fire set by an allottee in the reasonable exercise 

18 of his proprietary rights in the allotment. 

19 ‘‘§ 1214. Fires left unattended and unextinguished 

20 ‘‘Whoever, having kindled or caused to be kindled, a 

21 fire in or near any forest, timber, or other inflammable 

22 material upon any lands owned, controlled or leased by, 

23 or under the partial, concurrent, or exclusive jurisdiction 

24 of the United States, including lands under contract for 

25 purchase or for the acquisition of which condemnation 

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1 dian reservation or lands belonging to or occupied by any 

2 tribe or group of Indians under the authority of the 

3 United States, or any Indian allotment while the title to 

4 the same is held in trust by the United States, or while 

5 the same shall remain inalienable by the allottee without 

6 the consent of the United States, leaves said fire without 

7 totally extinguishing the same, or permits or suffers the 

8 fire to burn or spread beyond his control, or leaves or suf9 fers the fire to burn unattended, shall be imprisoned not 

10 more than six months. 

11 ‘‘§ 1215. Trespass on national forest lands 

12 ‘‘Whoever, without authority goes upon any national 

13 forest land while it is closed to the public pursuant to law14 ful regulation of the Secretary of Agriculture, shall be im15 prisoned not more than six months. 

16 ‘‘§ 1216. Hazardous or injurious devices on Federal 

17 lands 

18 ‘‘(a) ELEMENTS OF THE OFFENSE.—Whoever— 

19 ‘‘(1) with the intent to violate the Controlled 

20 Substances Act, 

21 ‘‘(2) with the intent to obstruct or harass the 

22 harvesting of timber, or 

23 ‘‘(3) with reckless disregard to the risk that an24 other person will be placed in danger of death or 


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1 bodily injury and under circumstances manifesting 

2 extreme indifference to such risk, 

3 uses a hazardous or injurious device on Federal land, on 

4 an Indian reservation, or on an Indian allotment while the 

5 title to such allotment is held in trust by the United States 

6 or while such allotment remains inalienable by the allottee 

7 without the consent of the United States shall be punished 

8 under subsection (b). 

9 ‘‘(b) PUNISHMENT.—An individual who violates sub10 section (a) shall— 

11 ‘‘(1) if death of an individual results, be impris12 oned for any term of years or for life; 

13 ‘‘(2) if serious bodily injury to any individual 

14 results, be imprisoned for not more than 40 years; 

15 ‘‘(3) if bodily injury to any individual results, 

16 be imprisoned for not more than 20 years; 

17 ‘‘(4) if damage to the property of any individual 

18 results or if avoidance costs have been incurred ex19 ceeding $10,000, in the aggregate, be imprisoned for 

20 not more than 20 years; and 

21 ‘‘(5) in any other case, be imprisoned for not 

22 more than one year. 

23 ‘‘(c) INCREASED PUNISHMENT.—Any individual who 

24 is punished under subsection (b)(5) after one or more 


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1 prior convictions under any such subsection shall be im2 prisoned for not more than 20 years. 

3 ‘‘(d) DEFINITIONS.—As used in this section— 

4 ‘‘(1) the term ‘hazardous or injurious device’ 

5 means a device, which when assembled or placed, is 

6 capable of causing bodily injury, or damage to prop7 erty, by the action of any person making contact 

8 with such device subsequent to the assembly or 

9 placement. Such term includes guns attached to trip 

10 wires or other triggering mechanisms, ammunition 

11 attached to trip wires or other triggering mecha12 nisms, or explosive devices attached to trip wires or 

13 other triggering mechanisms, sharpened stakes, lines 

14 or wires, lines or wires with hooks attached, nails 

15 placed so that the sharpened ends are positioned in 

16 an upright manner, or tree spiking devices including 

17 spikes, nails, or other objects hammered, driven, fas18 tened, or otherwise placed into or on any timber, 

19 whether or not severed from the stump; and 

20 ‘‘(2) the term ‘avoidance costs’ means costs in21 curred by any individual for the purpose of— 

22 ‘‘(A) detecting a hazardous or injurious de23 vice; or 

24 ‘‘(B) preventing death, serious bodily in25 jury, bodily injury, or property damage likely to 


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1 result from the use of a hazardous or injurious 

2 device in violation of subsection (a). 

3 ‘‘(e) CIVIL ACTION.—Any person injured as the re4 sult of a violation of subsection (a) may commence a civil 

5 action on his own behalf against any person who is alleged 

6 to be in violation of subsection (a). The district courts 

7 shall have jurisdiction, without regard to the amount in 

8 controversy or the citizenship of the parties, in such civil 

9 actions. The court may award, in addition to monetary 

10 damages for any injury resulting from an alleged violation 

11 of subsection (a), costs of litigation, including reasonable 

12 attorney and expert witness fees, to any prevailing or sub13 stantially prevailing party, whenever the court determines 

14 such award is appropriate. 

15 ‘‘SUBCHAPTER P—RESTRICTED BUILDING OR 

16 GROUNDS 

‘‘Sec. 

‘‘1221. Restricted building or grounds. 

17 ‘‘§ 1221. Restricted building or grounds 

18 ‘‘(a) Whoever— 

19 ‘‘(1) enters or remains in any restricted build20 ing or grounds without lawful authority to do so; 

21 ‘‘(2) with intent to impede or disrupt the or22 derly conduct of Government business or official 

23 functions, engages in disorderly or disruptive con24 duct in, or within such proximity to, any restricted 


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1 building or grounds when, or so that, such conduct, 

2 in fact, impedes or disrupts the orderly conduct of 

3 Government business or official functions; 

4 ‘‘(3) with the intent to impede or disrupt the 

5 orderly conduct of Government business or official 

6 functions, obstructs or impedes ingress or egress to 

7 or from any restricted building or grounds; or 

8 ‘‘(4) engages in any act of physical violence 

9 against any person or property in any restricted 

10 building or grounds; 

11 shall be punished as provided in subsection (b). 

12 ‘‘(b) The punishment for a violation of subsection (a) 

13 is— 

14 ‘‘(1) a fine under this title or imprisonment for 

15 not more than 10 years, or both, if— 

16 ‘‘(A) the person, during and in relation to 

17 the offense, uses or carries a deadly or dan18 gerous weapon or firearm; or 

19 ‘‘(B) the offense results in significant bod20 ily injury as defined by section 2118(e)(3); and 

21 ‘‘(2) a fine under this title or imprisonment for 

22 not more than one year, or both, in any other case. 

23 ‘‘(c) In this section— 


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1 ‘‘(1) the term ‘restricted buildings or grounds’ 

2 means any posted, cordoned off, or otherwise re3 stricted area— 

4 ‘‘(A) of the White House or its grounds, or 

5 the Vice President’s official residence or its 

6 grounds; 

7 ‘‘(B) of a building or grounds where the 

8 President or other person protected by the Se9 cret Service is or will be temporarily visiting; or 

10 ‘‘(C) of a building or grounds so restricted 

11 in conjunction with an event designated as a 

12 special event of national significance; and 

13 ‘‘(2) the term ‘other person protected by the 

14 Secret Service’ means any person whom the United 

15 States Secret Service is authorized to protect under 

16 section 3056 of this title or by Presidential memo17 randum, when such person has not declined such 

18 protection. 

19 ‘‘CHAPTER 31—INTERNATIONAL LAW 

20 CRIMES 

‘‘Subchapter 

‘‘A. Piracy and privateering 

‘‘B. Peonage, slavery, and trafficking in persons Assault 

‘‘C. Genocide 

‘‘D. Torture 

‘‘E. War crimes 

21 ‘‘SUBCHAPTER A—PIRACY AND PRIVATEERING 

‘‘Sec. 

‘‘1251. Piracy under law of nations. 


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1 ‘‘§ 1251. Piracy under law of nations 

2 ‘‘Whoever, on the high seas, commits the crime of pi3 racy as defined by the law of nations, and is afterwards 

4 brought into or found in the United States, shall be im5 prisoned for life. 

6 ‘‘SUBCHAPTER B—PEONAGE, SLAVERY, AND 

7 TRAFFICKING IN PERSONS 

‘‘1261. Peonage. 

‘‘1262. Sale into involuntary servitude. 

‘‘1263. Forced labor. 

‘‘1264. Trafficking with respect to peonage, slavery, involuntary servitude, or 

forced labor. 

‘‘1265. Sex trafficking of children or by force, fraud, or coercion. 

‘‘1266. Unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor. 

‘‘1267. Civil remedy. 

8 ‘‘§ 1261. Peonage 

9 ‘‘Whoever holds or returns any person to a condition 

10 of peonage, or arrests any person with the intent of plac11 ing him in or returning him to a condition of peonage, 

12 shall be imprisoned not more than 20 years. If death re13 sults from the violation of this section, or if the violation 

14 includes kidnapping or an attempt to kidnap, aggravated 

15 sexual abuse or the attempt to commit aggravated sexual 

16 abuse, or an attempt to kill, the defendant shall be impris17 oned for any term of years or life. 

18 ‘‘§ 1262. Sale into involuntary servitude 

19 ‘‘Whoever knowingly holds to involuntary servitude or 

20 sells into any condition of involuntary servitude, any other 

21 person for any term, or brings within the United States 


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1 any person so held, shall be imprisoned not more than 20 

2 years. If death results from the violation of this section, 

3 or if the violation includes kidnapping or an attempt to 

4 kidnap, aggravated sexual abuse or the attempt to commit 

5 aggravated sexual abuse, or an attempt to kill, the defend6 ant shall be imprisoned for any term of years or life. 

7 ‘‘§ 1263. Forced labor 

8 ‘‘(a) Whoever knowingly provides or obtains the labor 

9 or services of a person by any one of, or by any combina10 tion of, the following means— 

11 ‘‘(1) by means of force, threats of force, phys12 ical restraint, or threats of physical restraint to that 

13 person or another person; 

14 ‘‘(2) by means of serious harm or threats of se15 rious harm to that person or another person; 

16 ‘‘(3) by means of the abuse or threatened abuse 

17 of law or legal process; or 

18 ‘‘(4) by means of any scheme, plan, or pattern 

19 intended to cause the person to believe that, if that 

20 person did not perform such labor or services, that 

21 person or another person would suffer serious harm 

22 or physical restraint, 

23 shall be punished as provided under subsection (d). 

24 ‘‘(b) Whoever knowingly benefits, financially or by re25 ceiving anything of value, from participation in a venture 


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1 which has engaged in the providing or obtaining of labor 

2 or services by any of the means described in subsection 

3 (a), knowing or in reckless disregard of the fact that the 

4 venture has engaged in the providing or obtaining of labor 

5 or services by any of such means, shall be punished as 

6 provided in subsection (d). 

7 ‘‘(c) In this section: 

8 ‘‘(1) The term ‘abuse or threatened abuse of 

9 law or legal process’ means the use or threatened 

10 use of a law or legal process, whether administrative, 

11 civil, or criminal, in any manner or for any purpose 

12 for which the law was not designed, in order to exert 

13 pressure on another person to cause that person to 

14 take some action or refrain from taking some action. 

15 ‘‘(2) The term ‘serious harm’ means any harm, 

16 whether physical or nonphysical, including psycho17 logical, financial, or reputational harm, that is suffi18 ciently serious, under all the surrounding cir19 cumstances, to compel a reasonable person of the 

20 same background and in the same circumstances to 

21 perform or to continue performing labor or services 

22 in order to avoid incurring that harm. 

23 ‘‘(d) Whoever violates this section shall be imprisoned 

24 not more than 20 years. If death results from a violation 

25 of this section, or if the violation includes kidnaping, an 


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1 attempt to kidnap, aggravated sexual abuse, or an attempt 

2 to kill, the defendant shall be imprisoned for any term of 

3 years or for life. 

4 ‘‘§ 1264. Trafficking with respect to peonage, slavery, 

5 involuntary servitude, or forced labor 

6 ‘‘Whoever knowingly recruits, harbors, transports, 

7 provides, or obtains by any means, any person for labor 

8 or services in violation of this subchapter shall be impris9 oned not more than 20 years. If death results from the 

10 violation of this section, or if the violation includes kidnap11 ping or an attempt to kidnap, aggravated sexual abuse, 

12 or the attempt to commit aggravated sexual abuse, or an 

13 attempt to kill, the defendant shall be imprisoned for any 

14 term of years or life. 

15 ‘‘§ 1265. Sex trafficking of children or by force, fraud, 

16 or coercion 

17 ‘‘(a) ELEMENTS OF THE OFFENSE.—Whoever know18 ingly— 

19 ‘‘(1) in or affecting interstate or foreign com20 merce, or within the special maritime and territorial 

21 jurisdiction of the United States, recruits, entices, 

22 harbors, transports, provides, obtains, or maintains 

23 by any means a person; or 

24 ‘‘(2) benefits, financially or by receiving any25 thing of value, from participation in a venture which 


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1 has engaged in an act described in violation of para2 graph (1), 

3 knowing, or in reckless disregard of the fact, that means 

4 of force, threats of force, fraud, coercion described in sub5 section (e)(2), or any combination of such means will be 

6 used to cause the person to engage in a commercial sex 

7 act, or that the person has not attained the age of 18 

8 years and will be caused to engage in a commercial sex 

9 act, shall be punished as provided in subsection (b). 

10 ‘‘(b) PUNISHMENT.—The punishment for an offense 

11 under subsection (a) is— 

12 ‘‘(1) if the offense was effected by means of 

13 force, threats of force, fraud, or coercion described 

14 in subsection (e)(2), or by any combination of such 

15 means, or if the person recruited, enticed, harbored, 

16 transported, provided, or obtained had not attained 

17 the age of 14 years at the time of such offense, by 

18 a fine under this title or imprisonment for any term 

19 of years or for life, or both; or 

20 ‘‘(2) if the offense was not so effected, and the 

21 person recruited, enticed, harbored, transported, 

22 provided, or obtained had attained the age of 14 

23 years but had not attained the age of 18 years at 

24 the time of such offense, by a fine under this title 


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•HR 1860 IH

1 or imprisonment for not more than 40 years, or 

2 both. 

3 ‘‘(c) STATE OF MIND REQUIREMENT.—In a prosecu4 tion under subsection (a)(1) in which the defendant had 

5 a reasonable opportunity to observe the person so re6 cruited, enticed, harbored, transported, provided, obtained 

7 or maintained, the Government need not prove that the 

8 defendant knew that the person had not attained the age 

9 of 18 years. 

10 ‘‘(d) DEFINITIONS.—As used in this section— 

11 ‘‘(1) the term ‘abuse or threatened abuse of law 

12 or legal process’ means the use or threatened use of 

13 a law or legal process, whether administrative, civil, 

14 or criminal, in any manner or for any purpose for 

15 which the law was not designed, in order to exert 

16 pressure on another person to cause that person to 

17 take some action or refrain from taking some action; 

18 ‘‘(2) the term ‘coercion’ means— 

19 ‘‘(A) threats of serious harm to or physical 

20 restraint against any person; 

21 ‘‘(B) any scheme, plan, or pattern intended 

22 to cause a person to believe that failure to per23 form an act would result in serious harm to or 

24 physical restraint against any person; or 


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1 ‘‘(C) the abuse or threatened abuse of law 

2 or the legal process; and 

3 ‘‘(3) the term ‘commercial sex act’ means any 

4 sex act, on account of which anything of value is 

5 given to or received by any person; 

6 ‘‘(4) the term ‘serious harm’ means any harm, 

7 whether physical or nonphysical, including psycho8 logical, financial, or reputational harm, that is suffi9 ciently serious, under all the surrounding cir10 cumstances, to compel a reasonable person of the 

11 same background and in the same circumstances to 

12 perform or to continue performing commercial sex13 ual activity in order to avoid incurring that harm; 

14 ‘‘(5) the term ‘venture’ means any group of two 

15 or more individuals associated in fact, whether or 

16 not a legal entity. 

17 ‘‘§ 1266. Unlawful conduct with respect to documents 

18 in furtherance of trafficking, peonage, 

19 slavery, involuntary servitude, or forced 

20 labor 

21 ‘‘(a) OFFENSE.—Whoever knowingly destroys, con22 ceals, removes, confiscates, or possesses any actual or pur23 ported passport or other immigration document, or any 

24 other actual or purported government identification docu25 ment, of another person— 


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•HR 1860 IH

1 ‘‘(1) in the course of a violation of section 

2 1261, 1262, 1263, 1264, or 1265; 

3 ‘‘(2) with intent to violate section 1261, 1262, 

4 1263, 1264, or 1265; or 

5 ‘‘(3) to prevent or restrict or to attempt to pre6 vent or restrict, without lawful authority, the per7 son’s liberty to move or travel, in order to maintain 

8 the labor or services of that person, when the person 

9 is or has been a victim of a severe form of traf10 ficking in persons, as defined in section 103 of the 

11 Trafficking Victims Protection Act of 2000, 

12 shall be imprisoned for not more than 5 years. 

13 ‘‘(b) EXCLUSION.—Subsection (a) does not apply to 

14 the conduct of a person who is or has been a victim of 

15 a severe form of trafficking in persons, as defined in sec16 tion 103 of the Trafficking Victims Protection Act of 

17 2000, if that conduct is caused by, or incident to, that 

18 trafficking. 

19 ‘‘§ 1267. Civil remedy 

20 ‘‘(a) CIVIL ACTION.—An individual who is a victim 

21 of a violation of this subchapter may bring a civil action 

22 against the perpetrator (or whoever knowingly benefits, fi23 nancially or by receiving anything of value from participa24 tion in a venture which that person knew or should have 

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1 chapter) in an appropriate district court of the United 

2 States and may recover damages and reasonable attorneys 

3 fees. 

4 ‘‘(b) STAY.—(1) Any civil action filed under this sec5 tion shall be stayed during the pendency of any criminal 

6 action arising out of the same occurrence in which the 

7 claimant is the victim. 

8 ‘‘(2) In this subsection, a ‘criminal action’ includes 

9 investigation and prosecution and is pending until final 

10 adjudication in the trial court. 

11 ‘‘(c) LIMITATION.—No action may be maintained 

12 under this section unless it is commenced not later than 

13 10 years after the cause of action arose. 

14 ‘‘SUBCHAPTER C—GENOCIDE 

‘‘Sec. 

‘‘1281. Genocide. 

‘‘1282. Definitions. 

15 ‘‘§ 1281. Genocide 

16 ‘‘(a) BASIC OFFENSE.—Whoever, whether in time of 

17 peace or in time of war and with the specific intent to 

18 destroy, in whole or in substantial part, a national, ethnic, 

19 racial, or religious group as such— 

20 ‘‘(1) kills members of that group; 

21 ‘‘(2) causes serious bodily injury to members of 

22 that group; 


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1 ‘‘(3) causes the permanent impairment of the 

2 mental faculties of members of the group through 

3 drugs, torture, or similar techniques; 

4 ‘‘(4) subjects the group to conditions of life that 

5 are intended to cause the physical destruction of the 

6 group in whole or in part; 

7 ‘‘(5) imposes measures intended to prevent 

8 births within the group; or 

9 ‘‘(6) transfers by force children of the group to 

10 another group; 

11 shall be punished as provided in subsection (b). 

12 ‘‘(b) PUNISHMENT FOR BASIC OFFENSE.—The pun13 ishment for an offense under subsection (a) is— 

14 ‘‘(1) in the case of an offense under subsection 

15 (a)(1), where death results, by death or imprison16 ment for life and a fine of not more than 

17 $1,000,000, or both; and 

18 ‘‘(2) in any other case, a fine of not more than 

19 $1,000,000 or imprisonment for not more than 

20 twenty years, or both. 

21 ‘‘(c) INCITEMENT OFFENSE.—Whoever directly and 

22 publicly incites another to violate subsection (a) shall be 

23 imprisoned not more than five years. 

24 ‘‘(d) JURISDICTION.—There is jurisdiction over the 

25 offenses described in subsections (a) and (c) if— 


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1 ‘‘(1) the offense is committed in whole or in 

2 part within the United States; or 

3 ‘‘(2) regardless of where the offense is com4 mitted, the alleged offender is— 

5 ‘‘(A) a national of the United States (as 

6 that term is defined in section 101 of the Immi7 gration and Nationality Act); 

8 ‘‘(B) an alien lawfully admitted for perma9 nent residence in the United States (as that 

10 term is defined in section 101 of the Immigra11 tion and Nationality Act); 

12 ‘‘(C) a stateless person whose habitual res13 idence is in the United States; or 

14 ‘‘(D) present in the United States. 

15 ‘‘(e) NONAPPLICABILITY OF CERTAIN LIMITA16 TIONS.—Notwithstanding section 3282, in the case of an 

17 offense under this section, an indictment may be found, 

18 or information instituted, at any time without limitation. 

19 ‘‘§ 1282. Definitions 

20 ‘‘As used in this subchapter— 

21 ‘‘(1) the term ‘children’ means the plural and 

22 means individuals who have not attained the age of 

23 eighteen years; 


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1 ‘‘(2) the term ‘ethnic group’ means a set of in2 dividuals whose identity as such is distinctive in 

3 terms of common cultural traditions or heritage; 

4 ‘‘(3) the term ‘incites’ means urges another to 

5 engage imminently in conduct in circumstances 

6 under which there is a substantial likelihood of im7 minently causing such conduct; 

8 ‘‘(4) the term ‘members’ means the plural; 

9 ‘‘(5) the term ‘national group’ means a set of 

10 individuals whose identity as such is distinctive in 

11 terms of nationality or national origins; 

12 ‘‘(6) the term ‘racial group’ means a set of indi13 viduals whose identity as such is distinctive in terms 

14 of physical characteristics or biological descent; 

15 ‘‘(7) the term ‘religious group’ means a set of 

16 individuals whose identity as such is distinctive in 

17 terms of common religious creed, beliefs, doctrines, 

18 practices, or rituals; and 

19 ‘‘(8) the term ‘substantial part’ means a part of 

20 a group of such numerical significance that the de21 struction or loss of that part would cause the de22 struction of the group as a viable entity within the 

23 nation of which such group is a part. 

24 ‘‘SUBCHAPTER D—TORTURE 

‘‘Sec. 

‘‘1291. Torture. 

‘‘1292. Definitions. 


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1 ‘‘§ 1291. Torture 

2 ‘‘(a) OFFENSE.—Whoever outside the United States 

3 commits or attempts to commit torture shall be impris4 oned not more than 20 years and if death results to any 

5 person from conduct prohibited by this subsection, shall 

6 be punished by death or imprisoned for any term of years 

7 or for life. 

8 ‘‘(b) JURISDICTION.—There is jurisdiction over the 

9 activity prohibited in subsection (a) if— 

10 ‘‘(1) the alleged offender is a national of the 

11 United States; or 

12 ‘‘(2) the alleged offender is present in the 

13 United States, irrespective of the nationality of the 

14 victim or alleged offender. 

15 ‘‘(c) CONSPIRACY.—A person who conspires to com16 mit an offense under this section shall be subject to the 

17 same penalties (other than the penalty of death) as the 

18 penalties prescribed for the offense, the commission of 

19 which was the object of the conspiracy. 

20 ‘‘§ 1292. Definitions 

21 ‘‘As used in this subchapter— 

22 ‘‘(1) the term ‘torture’ means an act committed 

23 by a person acting under the color of law specifically 

24 intended to inflict severe physical or mental pain or 

25 suffering (other than pain or suffering incidental to 


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•HR 1860 IH

1 lawful sanctions) upon another person within his 

2 custody or physical control; and 

3 ‘‘(2) the term ‘severe mental pain or suffering’ 

4 means the prolonged mental harm caused by or re5 sulting from— 

6 ‘‘(A) the intentional infliction or threat7 ened infliction of severe physical pain or suf8 fering; 

9 ‘‘(B) the administration or application, or 

10 threatened administration or application, of 

11 mind-altering substances or other procedures 

12 calculated to disrupt profoundly the senses or 

13 the personality; 

14 ‘‘(C) the threat of imminent death; or 

15 ‘‘(D) the threat that another person will 

16 imminently be subjected to death, severe phys17 ical pain or suffering, or the administration or 

18 application of mind-altering substances or other 

19 procedures calculated to disrupt profoundly the 

20 senses or personality. 

21 ‘‘SUBCHAPTER E—WAR CRIMES 

‘‘Sec. 

‘‘1296. War crimes. 

‘‘1297. Recruitment or use of child soldiers. 

22 ‘‘§ 1296. War crimes 

23 ‘‘(a) OFFENSE.—Whoever, whether inside or outside 

24 the United States, commits a war crime, in any of the 


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1 circumstances described in subsection (b), shall be impris2 oned for life or any term of years and if death results 

3 to the victim, shall also be subject to the penalty of death. 

4 ‘‘(b) CIRCUMSTANCES.—The circumstances referred 

5 to in subsection (a) are that the person committing such 

6 war crime or the victim of such war crime is a member 

7 of the Armed Forces of the United States or a national 

8 of the United States (as defined in section 101 of the Im9 migration and Nationality Act). 

10 ‘‘(c) DEFINITION.—As used in this section the term 

11 ‘war crime’ means any conduct— 

12 ‘‘(1) defined as a grave breach in any of the 

13 international conventions signed at Geneva 12 Au14 gust 1949, or any protocol to such convention to 

15 which the United States is a party; 

16 ‘‘(2) prohibited by Article 23, 25, 27, or 28 of 

17 the Annex to the Hague Convention IV, Respecting 

18 the Laws and Customs of War on Land, signed 18 

19 October 1907; 

20 ‘‘(3) which constitutes a grave breach of com21 mon Article 3 (as defined in subsection (d)) when 

22 committed in the context of and in association with 

23 an armed conflict not of an international character; 

24 or 


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1 ‘‘(4) of a person who, in relation to an armed 

2 conflict and contrary to the Protocol on Prohibitions 

3 or Restrictions on the Use of Mines, Booby-Traps 

4 and Other Devices as amended at Geneva on 3 May 

5 1996 (Protocol II as amended on 3 May 1996), 

6 when the United States is a party to such Protocol, 

7 knowingly kills or causes serious injury to civilians. 

8 ‘‘(d) COMMON ARTICLE 3 VIOLATIONS.— 

9 ‘‘(1) PROHIBITED CONDUCT.—In subsection 

10 (c)(3), the term ‘grave breach of common Article 3’ 

11 means any conduct (such conduct constituting a 

12 grave breach of common Article 3 of the inter13 national conventions done at Geneva August 12, 

14 1949), as follows: 

15 ‘‘(A) TORTURE.—The act of a person who 

16 commits an act specifically intended to inflict 

17 severe physical or mental pain or suffering 

18 (other than pain or suffering incidental to law19 ful sanctions) upon another person within his 

20 custody or physical control for the purpose of 

21 obtaining information or a confession, punish22 ment, intimidation, coercion, or any reason 

23 based on discrimination of any kind. 

24 ‘‘(B) CRUEL OR INHUMAN TREATMENT.— 

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1 tended to inflict severe or serious physical or 

2 mental pain or suffering (other than pain or 

3 suffering incidental to lawful sanctions), includ4 ing serious physical abuse, upon another within 

5 his custody or control. 

6 ‘‘(C) PERFORMING BIOLOGICAL EXPERI7 MENTS.—The act of a person who subjects one 

8 or more persons within his custody or physical 

9 control to biological experiments without a le10 gitimate medical or dental purpose and in so 

11 doing endangers the body or health of such per12 son or persons. 

13 ‘‘(D) MURDER.—The act of a person who 

14 intentionally kills or kills whether intentionally 

15 or unintentionally in the course of committing 

16 any other offense under this subsection, one or 

17 more persons taking no active part in the hos18 tilities, including those placed out of combat by 

19 sickness, wounds, detention, or any other cause. 

20 ‘‘(E) MUTILATION OR MAIMING.—The act 

21 of a person who intentionally injures or injures 

22 whether intentionally or unintentionally in the 

23 course of committing any other offense under 

24 this subsection, one or more persons taking no 

25 active part in the hostilities, including those 


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•HR 1860 IH

1 placed out of combat by sickness, wounds, de2 tention, or any other cause, by disfiguring the 

3 person or persons by any mutilation thereof or 

4 by permanently disabling any member, limb, or 

5 organ of his body, without any legitimate med6 ical or dental purpose. 

7 ‘‘(F) INTENTIONALLY CAUSING SERIOUS

8 BODILY INJURY.—The act of a person who in9 tentionally causes serious bodily injury to one 

10 or more persons, including lawful combatants, 

11 in violation of the law of war. 

12 ‘‘(G) RAPE.—The act of a person who 

13 forcibly or with coercion or threat of force 

14 wrongfully invades the body of a person by pen15 etrating, however slightly, the anal or genital 

16 opening of the victim with any part of the body 

17 of the accused, or with any foreign object. 

18 ‘‘(H) SEXUAL ASSAULT OR ABUSE.—The 

19 act of a person who forcibly or with coercion or 

20 threat of force engages in sexual contact with 

21 one or more persons, or causes one or more per22 sons to engage in sexual contact. 

23 ‘‘(I) TAKING HOSTAGES.—The act of a 

24 person who, having knowingly seized or de25 tained one or more persons, threatens to kill, 


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•HR 1860 IH

1 injure, or continue to detain such person or per2 sons with the intent of compelling any nation, 

3 person other than the hostage, or group of per4 sons to act or refrain from acting as an explicit 

5 or implicit condition for the safety or release of 

6 such person or persons. 

7 ‘‘(2) DEFINITIONS.—In the case of an offense 

8 under subsection (a) by reason of subsection 

9 (c)(3)— 

10 ‘‘(A) the term ‘severe mental pain or suf11 fering’ shall be applied for purposes of para12 graphs (1)(A) and (1)(B) in accordance with 

13 the meaning given that term in section 1292(2); 

14 ‘‘(B) the term ‘sexual contact’ shall be ap15 plied for purposes of paragraph (1)(G) in ac16 cordance with the meaning given that term in 

17 section 205(2); 

18 ‘‘(C) the term ‘serious physical pain or suf19 fering’ shall be applied for purposes of para20 graph (1)(B) as meaning bodily injury that in21 volves— 

22 ‘‘(i) a substantial risk of death; 

23 ‘‘(ii) extreme physical pain; 


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1 ‘‘(iii) a burn or physical disfigurement 

2 of a serious nature (other than cuts, abra3 sions, or bruises); or 

4 ‘‘(iv) significant loss or impairment of 

5 the function of a bodily member, organ, or 

6 mental faculty; and 

7 ‘‘(D) the term ‘serious mental pain or suf8 fering’ shall be applied for purposes of para9 graph (1)(B) in accordance with the meaning 

10 given the term ‘severe mental pain or suffering’ 

11 (as defined in section 1292(2)), except that— 

12 ‘‘(i) the term ‘serious’ shall replace 

13 the term ‘severe’ where it appears; and 

14 ‘‘(ii) as to conduct occurring after the 

15 date of the enactment of the Military Com16 missions Act of 2006, the term ‘serious 

17 and non-transitory mental harm (which 

18 need not be prolonged)’ shall replace the 

19 term ‘prolonged mental harm’ where it ap20 pears. 

21 ‘‘(3) INAPPLICABILITY OF CERTAIN PROVISIONS

22 WITH RESPECT TO COLLATERAL DAMAGE OR INCI23 DENT OF LAWFUL ATTACK.—The intent specified for 

24 the conduct stated in subparagraphs (D), (E), and 

25 (F) or paragraph (1) precludes the applicability of 


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•HR 1860 IH

1 those subparagraphs to an offense under subsection 

2 (a) by reasons of subsection (c)(3) with respect to— 

3 ‘‘(A) collateral damage; or 

4 ‘‘(B) death, damage, or injury incident to 

5 a lawful attack. 

6 ‘‘(4) INAPPLICABILITY OF TAKING HOSTAGES

7 TO PRISONER EXCHANGE.—Paragraph (1)(I) does 

8 not apply to an offense under subsection (a) by rea9 son of subsection (c)(3) in the case of a prisoner ex10 change during wartime. 

11 ‘‘(5) DEFINITION OF GRAVE BREACHES.—The 

12 definitions in this subsection are intended only to de13 fine the grave breaches of common Article 3 and not 

14 the full scope of United States obligations under 

15 that Article. 

16 ‘‘§ 1297. Recruitment or use of child soldiers 

17 ‘‘(a) OFFENSE.—Whoever knowingly— 

18 ‘‘(1) recruits, enlists, or conscripts a person to 

19 serve while such person is under 15 years of age in 

20 an armed force or group; or 

21 ‘‘(2) uses a person under 15 years of age to 

22 participate actively in hostilities; 

23 knowing such person is under 15 years of age, shall be 

24 punished as provided in subsection (b). 


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•HR 1860 IH

1 ‘‘(b) PENALTY.—Whoever violates subsection (a) 

2 shall be imprisoned not more than 20 years, and, if death 

3 of any person results, shall be imprisoned for any term 

4 of years or for life. 

5 ‘‘(c) EXTRATERRITORIAL JURISDICTION.—There is 

6 extraterritorial jurisdiction over an offense under this sec7 tion. 

8 ‘‘(d) DEFINITIONS.—In this section: 

9 ‘‘(1) PARTICIPATE ACTIVELY IN HOSTILITIES.— 

10 The term ‘participate actively in hostilities’ means 

11 taking part in— 

12 ‘‘(A) combat or military activities related 

13 to combat, including sabotage and serving as a 

14 decoy, a courier, or at a military checkpoint; or 

15 ‘‘(B) direct support functions related to 

16 combat, including transporting supplies or pro17 viding other services. 

18 ‘‘(2) ARMED FORCE OR GROUP.—The term 

19 ‘armed force or group’ means any army, militia, or 

20 other military organization, whether or not it is 

21 state-sponsored, excluding any group assembled sole22 ly for nonviolent political association. 

23 ‘‘CHAPTER 33—TRANSPORTATION24 RELATED CRIMES 

‘‘Subchapter 

‘‘A. Aircraft and motor vehicles 

‘‘B. Railroads 


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•HR 1860 IH

‘‘C. Seamen and stowaways 

‘‘D. Maritime-related crimes 

1 ‘‘SUBCHAPTER A—AIRCRAFT AND MOTOR 

2 VEHICLES 

‘‘1301. Destruction of aircraft or aircraft facilities. 

‘‘1302. Destruction of motor vehicles or motor vehicle facilities. 

‘‘1303. Penalty when death results. 

‘‘1304. Imparting or conveying false information. 

‘‘1305. Violence at international airports. 

‘‘1306. Fraud involving aircraft or space vehicle parts in interstate or foreign 

commerce. 

‘‘1307. Aircraft piracy. 

‘‘1308. Interference with flight crew members and attendants. 

‘‘1309. Carrying a weapon or explosive on an aircraft. 

‘‘1310. Application of certain criminal laws to acts on aircraft. 

‘‘1311. Aiming a laser pointer at an aircraft. 

‘‘1312. Definitions. 

3 ‘‘§ 1301. Destruction of aircraft or aircraft facilities 

4 ‘‘(a) IN GENERAL.—Whoever knowingly without au5 thority— 

6 ‘‘(1) sets fire to, damages, destroys, disables, or 

7 wrecks any aircraft in the special aircraft jurisdic8 tion of the United States or any civil aircraft used, 

9 operated, or employed in interstate, overseas, or for10 eign air commerce; 

11 ‘‘(2) places or causes to be placed a destructive 

12 device or substance in, upon, or in proximity to, or 

13 otherwise makes or causes to be made unworkable or 

14 unusable or hazardous to work or use, any such air15 craft, or any part or other materials used or in16 tended to be used in connection with the operation 

17 of such aircraft, if such placing or causing to be 


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1 placed or such making or causing to be made is like2 ly to endanger the safety of any such aircraft; 

3 ‘‘(3) sets fire to, damages, destroys, or disables 

4 any air navigation facility, or interferes by force or 

5 violence with the operation of such facility, if such 

6 fire, damaging, destroying, disabling, or interfering 

7 is likely to endanger the safety of any such aircraft 

8 in flight; 

9 ‘‘(4) with the intent to damage, destroy, or dis10 able any such aircraft, sets fire to, damages, de11 stroys, or disables or places a destructive device or 

12 substance in, upon, or in proximity to, any appliance 

13 or structure, ramp, landing area, property, machine, 

14 or apparatus, or any facility or other material used, 

15 or intended to be used, in connection with the oper16 ation, maintenance, loading, unloading or storage of 

17 any such aircraft or any cargo carried or intended 

18 to be carried on any such aircraft; 

19 ‘‘(5) interferes with or disables, with intent to 

20 endanger the safety of any person or with a reckless 

21 disregard for the safety of human life, anyone en22 gaged in the authorized operation of such aircraft or 

23 any air navigation facility aiding in the navigation of 

24 any such aircraft; 


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1 ‘‘(6) performs an act of violence against or in2 capacitates any individual on any such aircraft, if 

3 such act of violence or incapacitation is likely to en4 danger the safety of such aircraft; or 

5 ‘‘(7) communicates information, knowing the 

6 information to be false and under circumstances in 

7 which such information may reasonably be believed, 

8 thereby endangering the safety of any such aircraft 

9 in flight, 

10 shall be imprisoned not more than 20 years. 

11 ‘‘(b) OTHER CIVIL AIRCRAFT.—Whoever know12 ingly— 

13 ‘‘(1) performs an act of violence against any in14 dividual on board any civil aircraft registered in a 

15 country other than the United States while such air16 craft is in flight, if such act is likely to endanger the 

17 safety of that aircraft; 

18 ‘‘(2) destroys a civil aircraft registered in a 

19 country other than the United States while such air20 craft is in service or causes damage to such an air21 craft which renders that aircraft incapable of flight 

22 or which is likely to endanger that aircraft’s safety 

23 in flight; or 

24 ‘‘(3) places or causes to be placed on a civil air25 craft registered in a country other than the United 


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1 States while such aircraft is in service, a device or 

2 substance which is likely to destroy that aircraft, or 

3 to cause damage to that aircraft which renders that 

4 aircraft incapable of flight or which is likely to en5 danger that aircraft’s safety in flight, 

6 shall be imprisoned not more than 20 years. There is also 

7 extraterritorial jurisdiction over an offense under this sub8 section if a national of the United States was on board, 

9 or would have been on board, the aircraft; an offender is 

10 a national of the United States; or an offender is after11 wards found in the United States. 

12 ‘‘(c) THREATS.—Whoever knowingly imparts or con13 veys any threat to do an act which would violate any of 

14 paragraphs (1) through (6) of subsection (a) or any of 

15 paragraphs (1) through (3) of subsection (b) of this sec16 tion, with an apparent determination and will to carry the 

17 threat into execution shall be imprisoned not more than 

18 five years. 

19 ‘‘§ 1302. Destruction of motor vehicles or motor vehi20 cle facilities 

21 ‘‘(a) OFFENSE.—Whoever— 

22 ‘‘(1) knowingly, with intent to endanger the 

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1 ables, destroys, tampers with, or places or causes to 

2 be placed any explosive or other destructive sub3 stance in, upon, or in proximity to, any motor vehi4 cle which is used, operated, or employed in interstate 

5 or foreign commerce, or its cargo or material used 

6 or intended to be used in connection with its oper7 ation; 

8 ‘‘(2) knowingly, with like intent, damages, dis9 ables, destroys; 

10 ‘‘(3) sets fire to, tampers with, or places or 

11 causes to be placed any explosive or other destruc12 tive substance in, upon, or in proximity to any ga13 rage, terminal, structure, supply, or facility used in 

14 the operation of, or in support of the operation of, 

15 motor vehicles engaged in interstate or foreign com16 merce or otherwise makes or causes such property to 

17 be made unworkable, unusable, or hazardous to 

18 work or use; or 

19 ‘‘(4) with like intent, knowingly disables or in20 capacitates any driver or person employed in connec21 tion with the operation or maintenance of the motor 

22 vehicle, or in any way lessens the ability of such per23 son to perform his duties as such; 

24 shall be imprisoned not more than 20 years. 


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1 ‘‘(b) INCREASED PENALTY.—Whoever is convicted of 

2 a violation of subsection (a) involving a motor vehicle that, 

3 at the time the violation occurred, carried high-level radio4 active waste (as that term is defined in section 2(12) of 

5 the Nuclear Waste Policy Act of 1982) or spent nuclear 

6 fuel (as that term is defined in section 2(23) of the Nu7 clear Waste Policy Act of 1982), shall be imprisoned for 

8 any term of years not less than 30, or for life. 

9 ‘‘§ 1303. Penalty when death results 

10 ‘‘Whoever is convicted of any crime prohibited by this 

11 subchapter, which has resulted in the death of any person, 

12 shall be subject also to the death penalty or to imprison13 ment for life. 

14 ‘‘§ 1304. Imparting or conveying false information 

15 ‘‘(a) CIVIL PENALTY.—Whoever imparts or conveys 

16 or causes to be imparted or conveyed false information, 

17 knowing the information to be false, concerning an at18 tempt or alleged attempt being made or to be made, to 

19 do any act which would be a crime prohibited by this sub20 chapter or subchapter B or D of this chapter shall be sub21 ject to a civil penalty of not more than $1,000 which shall 

22 be recoverable in a civil action brought in the name of 

23 the United States. 

24 ‘‘(b) CRIMINAL OFFENSE.—Whoever knowingly, or 

25 with reckless disregard for the safety of human life, imVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00930 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 parts or conveys or causes to be imparted or conveyed 

2 false information, knowing the information to be false, 

3 concerning an attempt or alleged attempt being made or 

4 to be made, to do any act which would be a crime prohib5 ited by this subchapter or subchapter B or D of this chap6 ter shall be imprisoned not more than five years. 

7 ‘‘§ 1305. Violence at international airports 

8 ‘‘(a) OFFENSE.—Whoever unlawfully and knowingly, 

9 using any device, substance, or weapon— 

10 ‘‘(1) performs an act of violence against a per11 son at an airport serving international civil aviation 

12 that causes or is likely to cause serious bodily injury 

13 or death; or 

14 ‘‘(2) destroys or seriously damages the facilities 

15 of an airport serving international civil aviation or a 

16 civil aircraft not in service located thereon or dis17 rupts the services of the airport, 

18 shall be imprisoned not more than 20 years, and if the 

19 death of any person results from conduct prohibited by 

20 this subsection, shall be punished as provided in chapter 

21 10. 

22 ‘‘(b) JURISDICTION.—There is jurisdiction over the 

23 prohibited activity in subsection (a) if— 

24 ‘‘(1) the prohibited activity takes place in the 

25 United States; or 


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•HR 1860 IH

1 ‘‘(2) the prohibited activity takes place outside 

2 the United States and— 

3 ‘‘(A) the offender is later found in the 

4 United States; or 

5 ‘‘(B) an offender or a victim is a national 

6 of the United States. 

7 ‘‘(c) BAR TO PROSECUTION.—It is a bar to Federal 

8 prosecution under subsection (a) for conduct that occurred 

9 within the United States that the conduct involved was 

10 during or in relation to a labor dispute, and such conduct 

11 is prohibited as a felony under the law of the State in 

12 which it was committed. 

13 ‘‘(d) DEFINITION.—As used in this section, the term 

14 ‘labor dispute’ has the meaning set forth in section 13(c) 

15 of the Act of March 23, 1932 (47 Stat. 70) (commonly 

16 known as the Norris-LaGuardia Act). 

17 ‘‘§ 1306. Fraud involving aircraft or space vehicle 

18 parts in interstate or foreign commerce 

19 ‘‘(a) OFFENSES.—Whoever, in or affecting interstate 

20 or foreign commerce, knowingly and with the intent to de21 fraud— 

22 ‘‘(1)(A) falsifies or conceals a material fact con23 cerning any aircraft or space vehicle part; 


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1 ‘‘(B) makes any materially fraudulent represen2 tation concerning any aircraft or space vehicle part; 

3 or 

4 ‘‘(C) makes or uses any materially false writing, 

5 entry, certification, document, record, data plate, 

6 label, or electronic communication concerning any 

7 aircraft or space vehicle part; or 

8 ‘‘(2) exports from or imports or introduces into 

9 the United States, sells, trades, installs on or in any 

10 aircraft or space vehicle any aircraft or space vehicle 

11 part using or by means of a fraudulent representa12 tion, document, record, certification, depiction, data 

13 plate, label, or electronic communication; 

14 shall be punished as provided in subsection (b). 

15 ‘‘(b) PENALTIES.—The punishment for an offense 

16 under subsection (a) is as follows: 

17 ‘‘(1) AVIATION QUALITY.—If the offense relates 

18 to the aviation quality of a part and the part is in19 stalled in an aircraft or space vehicle, a fine of not 

20 more than $500,000, imprisonment for not more 

21 than 15 years, or both. 

22 ‘‘(2) FAILURE TO OPERATE AS REP23 RESENTED.—If, by reason of the failure of the part 

24 to operate as represented, the part to which the of25 fense is related is the proximate cause of a malfuncVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00933 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 tion or failure that results in serious bodily injury, 

2 a fine of not more than $1,000,000, imprisonment 

3 for not more than 20 years, or both. 

4 ‘‘(3) FAILURE RESULTING IN DEATH.—If, by 

5 reason of the failure of the part to operate as rep6 resented, the part to which the offense is related is 

7 the proximate cause of a malfunction or failure that 

8 results in the death of any person, a fine of not 

9 more than $1,000,000, imprisonment for any term 

10 of years or life, or both. 

11 ‘‘(4) OTHER CIRCUMSTANCES.—In the case of 

12 an offense under subsection (a) not described in 

13 paragraph (1), (2), or (3) of this subsection, a fine 

14 under this title, imprisonment for not more than 10 

15 years, or both. 

16 ‘‘(5) ORGANIZATIONS.—If the offense is com17 mitted by an organization, a fine of not more than— 

18 ‘‘(A) $10,000,000 in the case of an offense 

19 described in paragraph (1) or (4); and 

20 ‘‘(B) $20,000,000 in the case of an offense 

21 described in paragraph (2) or (3). 

22 ‘‘(c) CIVIL REMEDIES.—The district courts of the 

23 United States shall have jurisdiction to prevent and re24 strain violations of this section by issuing appropriate or25 ders, including— 


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1 ‘‘(1) ordering a person (convicted of an offense 

2 under this section) to divest any interest, direct or 

3 indirect, in any enterprise used to commit or facili4 tate the commission of the offense, or to destroy, or 

5 to mutilate and sell as scrap, aircraft material or 

6 part inventories or stocks; 

7 ‘‘(2) imposing reasonable restrictions on the fu8 ture activities or investments of any such person, in9 cluding prohibiting engagement in the same type of 

10 endeavor as used to commit the offense; and 

11 ‘‘(3) ordering the dissolution or reorganization 

12 of any enterprise knowingly used to commit or facili13 tate the commission of an offense under this section 

14 making due provisions for the rights and interests of 

15 innocent persons. 

16 ‘‘(d) EXTRATERRITORIAL JURISDICTION.—There is 

17 extraterritorial jurisdiction over an offense under this sec18 tion. 

19 ‘‘§ 1307. Aircraft piracy 

20 ‘‘(a) IN SPECIAL AIRCRAFT JURISDICTION.—(1) For 

21 the purposes of this subsection— 

22 ‘‘(A) the term ‘aircraft piracy’ means seizing or 

23 exercising control of an aircraft in the special air24 craft jurisdiction of the United States by force, vioVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00935 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 lence, threat of force or violence, or any form of in2 timidation, and with wrongful intent; and 

3 ‘‘(B) an attempt to commit aircraft piracy is in 

4 the special aircraft jurisdiction of the United States 

5 although the aircraft is not in flight at the time of 

6 the attempt if the aircraft would have been in the 

7 special aircraft jurisdiction of the United States had 

8 the aircraft piracy been completed. 

9 ‘‘(2) Whoever commits aircraft piracy shall be impris10 oned for not less than 20 years. 

11 ‘‘(b) OUTSIDE SPECIAL AIRCRAFT JURISDICTION.— 

12 (1) Whoever commits an offense (as defined in the Con13 vention for the Suppression of Unlawful Seizure of Air14 craft) on an aircraft in flight outside the special aircraft 

15 jurisdiction of the United States shall be imprisoned for 

16 at least 20 years. 

17 ‘‘(2) There is extraterritorial jurisdiction over the of18 fense in paragraph (1) if— 

19 ‘‘(A) a national of the United States was 

20 aboard the aircraft; 

21 ‘‘(B) an offender is a national of the United 

22 States; or 

23 ‘‘(C) an offender is afterwards found in the 

24 United States. 


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1 ‘‘§ 1308. Interference with flight crew members and 

2 attendants 

3 ‘‘An individual on an aircraft in the special aircraft 

4 jurisdiction of the United States who, by assaulting or in5 timidating a flight crew member or flight attendant of the 

6 aircraft, interferes with the performance of the duties of 

7 the member or attendant or lessens the ability of the mem8 ber or attendant to perform those duties, shall be impris9 oned for not more than 20 years. However, if a dangerous 

10 weapon is used in assaulting or intimidating the member 

11 or attendant, the individual shall be imprisoned for any 

12 term of years or for life. 

13 ‘‘§ 1309. Carrying a weapon or explosive on an air14 craft 

15 ‘‘(a) DEFINITION.—In this section, ‘loaded firearm’ 

16 means a starter gun or a weapon designed or converted 

17 to expel a projectile through an explosive, that has a car18 tridge, a detonator, or powder in the chamber, magazine, 

19 cylinder, or clip. 

20 ‘‘(b) GENERAL CRIMINAL PENALTY.—An individual 

21 shall be imprisoned for not more than 10 years if the indi22 vidual— 

23 ‘‘(1) when on, or attempting to get on, an air24 craft in, or intended for operation in, air transpor25 tation or intrastate air transportation, has on or 

26 about the individual or the property of the individual 


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1 a concealed dangerous weapon that is or would be 

2 accessible to the individual in flight; 

3 ‘‘(2) has placed, attempted to place, or at4 tempted to have placed a loaded firearm on that air5 craft in property not accessible to passengers in 

6 flight; or 

7 ‘‘(3) has on or about the individual, or has 

8 placed, attempted to place, or attempted to have 

9 placed on that aircraft, an explosive or incendiary 

10 device. 

11 ‘‘(c) CRIMINAL PENALTY INVOLVING DISREGARD

12 FOR HUMAN LIFE.—An individual who willfully and with13 out regard for the safety of human life, or with reckless 

14 disregard for the safety of human life, violates subsection 

15 (b) of this section, shall be imprisoned for not more than 

16 20 years, and, if death results to any person, shall be im17 prisoned for any term of years or for life. 

18 ‘‘(d) NONAPPLICATION.—Subsection (b)(1) of this 

19 section does not apply to— 

20 ‘‘(1) a law enforcement officer of a State or po21 litical subdivision of a State, or an officer or em22 ployee of the United States Government, authorized 

23 to carry arms in an official capacity; 

24 ‘‘(2) another individual the Administrator of 

25 the Federal Aviation Administration or the Under 


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1 Secretary of Transportation for Security by regula2 tion authorizes to carry a dangerous weapon in air 

3 transportation or intrastate air transportation; or 

4 ‘‘(3) an individual transporting a weapon (ex5 cept a loaded firearm) in baggage not accessible to 

6 a passenger in flight if the air carrier was informed 

7 of the presence of the weapon. 

8 ‘‘§ 1310. Application of certain criminal laws to acts 

9 on aircraft 

10 ‘‘An individual on an aircraft in the special aircraft 

11 jurisdiction of the United States who commits an act 

12 that— 

13 ‘‘(1) if committed in the special maritime and 

14 territorial jurisdiction of the United States would 

15 violate section 102, 111, 121, 141, 649, 650, or sub16 chapter A of chapter 13, shall be imprisoned under 

17 that section or chapter; or 

18 ‘‘(2) if committed in the District of Columbia 

19 would violate section 9 of the Act of July 29, 1892 

20 (D.C. Code Sec. 22–1112), shall be imprisoned 

21 under section 9 of the Act. 

22 ‘‘§ 1311. Aiming a laser pointer at an aircraft 

23 ‘‘(a) OFFENSE.—Whoever knowingly aims the beam 

24 of a laser pointer at an aircraft in the special aircraft ju25 risdiction of the United States, or at the flight path of 


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1 such an aircraft, shall be fined under this title or impris2 oned not more than 5 years, or both. 

3 ‘‘(b) LASER POINTER DEFINED.—As used in this 

4 section, the term ‘laser pointer’ means any device designed 

5 or used to amplify electromagnetic radiation by stimulated 

6 emission that emits a beam designed to be used by the 

7 operator as a pointer or highlighter to indicate, mark, or 

8 identify a specific position, place, item, or object. 

9 ‘‘(c) EXCEPTIONS.—This section does not prohibit 

10 aiming a beam of a laser pointer at an aircraft, or the 

11 flight path of such an aircraft, by— 

12 ‘‘(1) an authorized individual in the conduct of 

13 research and development or flight test operations 

14 conducted by an aircraft manufacturer, the Federal 

15 Aviation Administration, or any other person author16 ized by the Federal Aviation Administration to con17 duct such research and development or flight test 

18 operations; 

19 ‘‘(2) members or elements of the Department of 

20 Defense or Department of Homeland Security acting 

21 in an official capacity for the purpose of research, 

22 development, operations, testing, or training; or 

23 ‘‘(3) by an individual using a laser emergency 

24 signaling device to send an emergency distress sig25 nal. 


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1 ‘‘(d) AUTHORITY TO ESTABLISH ADDITIONAL EX2 CEPTIONS BY REGULATION.—The Attorney General, in 

3 consultation with the Secretary of Transportation, may 

4 provide by regulation, after public notice and comment, 

5 such additional exceptions to this section as may be nec6 essary and appropriate. The Attorney General shall pro7 vide written notification of any proposed regulations under 

8 this section to the Committees on the Judiciary of the Sen9 ate and the House of Representatives, the Committee on 

10 Commerce, Science, and Transportation of the Senate, 

11 and the Committee on Transportation and Infrastructure 

12 of the House of Representatives, not less than 90 days 

13 before such regulations become final. 

14 ‘‘§ 1312. Definitions 

15 ‘‘(a) DEFINITIONS.—As used in sections 1301 

16 through 1306, the following definitions apply: 

17 ‘‘(1) AIRCRAFT.—The term ‘aircraft’ means a 

18 civil, military, or public contrivance invented, used, 

19 or designed to navigate, fly, or travel in the air. 

20 ‘‘(2) AVIATION QUALITY.—The term ‘aviation 

21 quality’, with respect to a part of an aircraft or 

22 space vehicle, means the quality of having been man23 ufactured, constructed, produced, maintained, re24 paired, overhauled, rebuilt, reconditioned, or restored 


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1 in conformity with applicable standards specified by 

2 law (including applicable regulations). 

3 ‘‘(3) DESTRUCTIVE SUBSTANCE.—The term 

4 ‘destructive substance’ means an explosive sub5 stance, flammable material, infernal machine, or 

6 other chemical, mechanical, or radioactive device or 

7 matter of a combustible, contaminative, corrosive, or 

8 explosive nature. 

9 ‘‘(4) IN FLIGHT.—The term ‘in flight’ means— 

10 ‘‘(A) any time from the moment at which 

11 all the external doors of an aircraft are closed 

12 following embarkation until the moment when 

13 any such door is opened for disembarkation; 

14 and 

15 ‘‘(B) in the case of a forced landing, until 

16 competent authorities take over the responsi17 bility for the aircraft and the persons and prop18 erty on board. 

19 ‘‘(5) IN SERVICE.—The term ‘in service’ 

20 means— 

21 ‘‘(A) any time from the beginning of pre22 flight preparation of an aircraft by ground per23 sonnel or by the crew for a specific flight until 

24 24 hours after any landing; and 


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1 ‘‘(B) in any event includes the entire pe2 riod during which the aircraft is in flight. 

3 ‘‘(6) MOTOR VEHICLE.—The term ‘motor vehi4 cle’ means every description of carriage or other con5 trivance propelled or drawn by mechanical power 

6 and used for commercial purposes on the highways 

7 in the transportation of passengers, passengers and 

8 property, or property or cargo. 

9 ‘‘(7) PART.—The term ‘part’ means a frame, 

10 assembly, component, appliance, engine, propeller, 

11 material, part, spare part, piece, section, or related 

12 integral or auxiliary equipment. 

13 ‘‘(8) SPACE VEHICLE.—The term ‘space vehicle’ 

14 means a man-made device, either manned or un15 manned, designed for operation beyond the Earth’s 

16 atmosphere. 

17 ‘‘(9) USED FOR COMMERCIAL PURPOSES.—The 

18 term ‘used for commercial purposes’ means the car19 riage of persons or property for any fare, fee, rate, 

20 charge or other consideration, or directly or indi21 rectly in connection with any business, or other un22 dertaking intended for profit. 

23 ‘‘(b) TERMS DEFINED IN OTHER LAW.—In this sub24 chapter, the terms ‘aircraft engine’, ‘air navigation facil25 ity’, ‘appliance’, ‘civil aircraft’, ‘foreign air commerce’, 


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1 ‘interstate air commerce’, ‘landing area’, ‘overseas air 

2 commerce’, ‘propeller’, ‘spare part’, and ‘special aircraft 

3 jurisdiction of the United States’ have the meanings given 

4 those terms in sections 40102(a) and 46501 of title 49. 

5 ‘‘SUBCHAPTER B—RAILROADS 

‘‘Sec. 

‘‘1331. Terrorist attacks and other violence against railroad carriers and against 

mass transportation systems on land, on water, or through the 

air. 

6 ‘‘§ 1331. Terrorist attacks and other violence against 

7 railroad carriers and against mass trans8 portation systems on land, on water, or 

9 through the air 

10 ‘‘(a) GENERAL PROHIBITIONS.—Whoever, as made 

11 applicable by subsection (c), knowingly and without lawful 

12 authority— 

13 ‘‘(1) wrecks, derails, sets fire to, or disables 

14 railroad on-track equipment or a mass transpor15 tation vehicle; 

16 ‘‘(2) places any biological agent or toxin, de17 structive substance, or destructive device in, upon, 

18 or near railroad on-track equipment or a mass 

19 transportation vehicle with intent to endanger the 

20 safety of any person, or with a reckless disregard for 

21 the safety of human life; 

22 ‘‘(3) places or releases a hazardous material or 

23 a biological agent or toxin on or near any property 


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1 described in subparagraph (A) or (B) of paragraph 

2 (4), with intent to endanger the safety of any per3 son, or with reckless disregard for the safety of 

4 human life; 

5 ‘‘(4) sets fire to, undermines, makes unwork6 able, unusable, or hazardous to work on or use, or 

7 places any biological agent or toxin, destructive sub8 stance, or destructive device in, upon, or near any— 

9 ‘‘(A) tunnel, bridge, viaduct, trestle, track, 

10 electromagnetic guideway, signal, station, depot, 

11 warehouse, terminal, or any other way, struc12 ture, property, or appurtenance used in the op13 eration of, or in support of the operation of, a 

14 railroad carrier, and with intent to, or knowing 

15 or having reason to know such activity would 

16 likely, derail, disable, or wreck railroad on-track 

17 equipment; or 

18 ‘‘(B) garage, terminal, structure, track, 

19 electromagnetic guideway, supply, or facility 

20 used in the operation of, or in support of the 

21 operation of, a mass transportation vehicle, and 

22 with intent to, or knowing or having reason to 

23 know, such activity would likely, derail, disable, 

24 or wreck a mass transportation vehicle used, 


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1 operated, or employed by a mass transportation 

2 provider; 

3 ‘‘(5) removes an appurtenance from, damages, 

4 or otherwise impairs the operation of a railroad sig5 nal system or mass transportation signal or dis6 patching system, including a train control system, 

7 centralized dispatching system, or highway-railroad 

8 grade crossing warning signal; 

9 ‘‘(6) with intent to endanger the safety of any 

10 person, or with a reckless disregard for the safety of 

11 human life, interferes with, disables, or incapacitates 

12 any dispatcher, driver, captain, locomotive engineer, 

13 railroad conductor, or other person while the person 

14 is employed in dispatching, operating, controlling, or 

15 maintaining railroad on-track equipment or a mass 

16 transportation vehicle; 

17 ‘‘(7) commits an act, including the use of a 

18 dangerous weapon, with the intent to cause death or 

19 serious bodily injury to any person who is on prop20 erty described in subparagraph (A) or (B) of para21 graph (4); 

22 ‘‘(8) surveils, photographs, videotapes, dia23 grams, or otherwise collects information with the in24 tent to plan or assist in planning any of the acts de25 scribed in paragraphs (1) through (6); 


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1 ‘‘(9) conveys false information, knowing the in2 formation to be false, concerning an attempt or al3 leged attempt to engage in a violation of this sub4 section; or 

5 ‘‘(10) threatens to engage in any violation of 

6 any of paragraphs (1) through (9); 

7 shall be imprisoned not more than 20 years, and if the 

8 offense results in the death of any person, shall be impris9 oned for any term of years or for life, or be subject to 

10 the penalty of death, except in the case of a violation of 

11 paragraph (8), (9), or (10). 

12 ‘‘(b) AGGRAVATED OFFENSE.—Whoever commits an 

13 offense under subsection (a) of this section in a cir14 cumstance in which— 

15 ‘‘(1) the railroad on-track equipment or mass 

16 transportation vehicle was carrying a passenger or 

17 employee at the time of the offense; 

18 ‘‘(2) the railroad on-track equipment or mass 

19 transportation vehicle was carrying high-level radio20 active waste or spent nuclear fuel at the time of the 

21 offense; or 

22 ‘‘(3) the offense was committed with the intent 

23 to endanger the safety of any person, or with a reck24 less disregard for the safety of any person, and the 

25 railroad on-track equipment or mass transportation 


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1 vehicle was carrying a hazardous material at the 

2 time of the offense that— 

3 ‘‘(A) was required to be placarded under 

4 subpart F of part 172 of title 49, Code of Fed5 eral Regulations; and 

6 ‘‘(B) is identified as class number 3, 4, 5, 

7 6.1, or 8 and packing group I or packing group 

8 II, or class number 1, 2, or 7 under the haz9 ardous materials table of section 172.101 of 

10 title 49, Code of Federal Regulations, 

11 shall be imprisoned for any term of years or life, and if 

12 the offense resulted in the death of any person, the person 

13 may be sentenced to death. 

14 ‘‘(c) APPLICABILITY.—Subsection (a) applies if any 

15 of the following are true: 

16 ‘‘(1) Any of the conduct required for the offense 

17 is, or, in the case of an attempt, threat, or con18 spiracy to engage in conduct, the conduct required 

19 for the completed offense would be, engaged in, on, 

20 against, or affecting a mass transportation provider, 

21 or a railroad carrier engaged in interstate or foreign 

22 commerce. 

23 ‘‘(2) Any person travels or communicates across 

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1 ports materials across a State line in aid of the com2 mission of the offense. 

3 ‘‘(d) DEFINITIONS.—As used in this section— 

4 ‘‘(1) the term ‘biological agent’ has the meaning 

5 given to that term in section 627(1); 

6 ‘‘(2) the term ‘dangerous weapon’ means a 

7 weapon, device, instrument, material, or substance, 

8 animate or inanimate, that is used for, or is readily 

9 capable of, causing death or serious bodily injury, including a pocket knife with a blade of less than 21 10 ⁄2

11 inches in length and a box cutter; 

12 ‘‘(3) the term ‘destructive device’ has the mean13 ing given to that term in section 581(2); 

14 ‘‘(4) the term ‘destructive substance’ means an 

15 explosive substance, flammable material, infernal 

16 machine, or other chemical, mechanical, or radio17 active device or material, or matter of a combustible, 

18 contaminative, corrosive, or explosive nature, except 

19 that the term ‘radioactive device’ does not include 

20 any radioactive device or material used solely for 

21 medical, industrial, research, or other peaceful pur22 poses; 

23 ‘‘(5) the term ‘hazardous material’ has the 

24 meaning given to that term in chapter 51 of title 49; 


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1 ‘‘(6) the term ‘high-level radioactive waste’ has 

2 the meaning given to that term in section 2(12) of 

3 the Nuclear Waste Policy Act of 1982; 

4 ‘‘(7) the term ‘mass transportation’ has the 

5 meaning given to that term in section 5302(a)(7) of 

6 title 49, except that the term includes intercity bus 

7 transportation, school bus, charter, and sightseeing 

8 transportation and passenger vessel as that term is 

9 defined in section 2101(22) of title 46; 

10 ‘‘(8) the term ‘on-track equipment’ means a 

11 carriage or other contrivance that runs on rails or 

12 electromagnetic guideways; 

13 ‘‘(9) the term ‘railroad on-track equipment’ 

14 means a train, locomotive, tender, motor unit, 

15 freight or passenger car, or other on-track equip16 ment used, operated, or employed by a railroad car17 rier; 

18 ‘‘(10) the term ‘railroad’ has the meaning given 

19 to that term in chapter 201 of title 49; 

20 ‘‘(11) the term ‘railroad carrier’ has the mean21 ing given to that term in chapter 201 of title 49; 

22 ‘‘(12) the term ‘spent nuclear fuel’ has the 

23 meaning given to that term in section 2(23) of the 

24 Nuclear Waste Policy Act of 1982; 


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1 ‘‘(13) the term ‘toxin’ has the meaning given to 

2 that term in section 627(2); and 

3 ‘‘(14) the term ‘vehicle’ means any carriage or 

4 other contrivance used, or capable of being used, as 

5 a means of transportation on land, on water, or 

6 through the air. 

7 ‘‘SUBCHAPTER C—SEAMEN AND STOWAWAYS 

‘‘Sec. 

‘‘1341. Drunkenness or neglect of duty by seamen. 

‘‘1342. Misuse of Federal certificate, license, or document. 

‘‘1343. Stowaways on vessels or aircraft. 

8 ‘‘§ 1341. Drunkenness or neglect of duty by seamen 

9 ‘‘Whoever, being a master, officer, radio operator, 

10 seaman, apprentice or other person employed on any mer11 chant vessel, by willful breach of duty, or by reason of 

12 drunkenness, does any act tending to the immediate loss 

13 or destruction of, or serious damage to, such vessel, or 

14 tending immediately to endanger the life or limb of any 

15 person belonging to or on board of such vessel; or, by 

16 knowing breach of duty or by neglect of duty or by reason 

17 of drunkenness, refuses or omits to do any lawful act prop18 er and requisite to be done by him for preserving such 

19 vessel from immediate loss, destruction, or serious dam20 age, or for preserving any person belonging to or on board 

21 of such ship from immediate danger to life or limb, shall 

22 be imprisoned not more than one year. 


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1 ‘‘§ 1342. Misuse of Federal certificate, license, or doc2 ument 

3 ‘‘Whoever— 

4 ‘‘(1) not being lawfully entitled thereto, uses, 

5 exhibits, or attempts to use or exhibit, or, with in6 tent unlawfully to use the same, receives or pos7 sesses any certificate, license, or document issued to 

8 vessels, or officers or seamen by any officer or em9 ployee of the United States authorized by law to 

10 issue the same; 

11 ‘‘(2) without authority, alters or attempts to 

12 alter any such certificate, license, or document by 

13 addition, interpolation, deletion, or erasure; 

14 ‘‘(3) forges, counterfeits, or steals, or attempts 

15 to forge, counterfeit, or steal, any such certificate, li16 cense, or document; or unlawfully possesses or know17 ingly uses any such altered, changed, forged, coun18 terfeit, or stolen certificate, license, or document; 

19 ‘‘(4) without authority, prints or manufactures 

20 any blank form of such certificate, license, or docu21 ment; 

22 ‘‘(5) possesses without lawful excuse, and with 

23 intent unlawfully to use the same, any blank form 

24 of such certificate, license, or document; or 

25 ‘‘(6) in any manner, transfers or negotiates 

26 such transfer of, any blank form of such certificate, 


PWALKER on DSK7TPTVN1PROD with BILLS
953 

•HR 1860 IH

1 license, or document, or any such altered, forged, 

2 counterfeit, or stolen certificate, license, or docu3 ment, or any such certificate, license, or document 

4 to which the party transferring or receiving the same 

5 is not lawfully entitled; 

6 shall be imprisoned not more than five years. 

7 ‘‘§ 1343. Stowaways on vessels or aircraft 

8 ‘‘(a) OFFENSE.—Whoever— 

9 ‘‘(1) without the consent of the owner, 

10 charterer, master, or person in command of any ves11 sel, or aircraft, with intent to obtain transportation, 

12 boards, enters or secretes himself aboard such vessel 

13 or aircraft and is thereon at the time of departure 

14 of said vessel or aircraft from a port, harbor, wharf, 

15 airport or other place within the jurisdiction of the 

16 United States; 

17 ‘‘(2) with like intent, having boarded, entered 

18 or secreted himself aboard a vessel or aircraft at any 

19 place within or without the jurisdiction of the United 

20 States, remains aboard after the vessel or aircraft 

21 has left such place and is thereon at any place with22 in the jurisdiction of the United States; or 

23 ‘‘(3) with intent to obtain a ride or transpor24 tation, boards or enters any aircraft owned or oper25 ated by the United States without the consent of the 


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954 

•HR 1860 IH

1 person in command or other duly authorized officer 

2 or agent; 

3 shall be punished as provided in subsection (b). 

4 ‘‘(b) PUNISHMENT.—The punishment for an offense 

5 under subsection (a) is imprisonment for not more than 

6 5 years, but— 

7 ‘‘(1) if the person commits an offense under 

8 this section, with the intent to commit serious bodily 

9 injury, and serious bodily injury occurs to any per10 son other than a participant as a result of the of11 fense shall be imprisoned not more than 20 years; 

12 and 

13 ‘‘(2) if an individual commits an offense under 

14 this section, with the intent to cause death, and if 

15 the death of any person other than a participant oc16 curs as a result of the offense shall be imprisoned 

17 for any number of years or for life. 

18 ‘‘(c) DEFINITION.—As used in this section the term 

19 ‘aircraft’ includes any contrivance for navigation or flight 

20 in the air. 

21 ‘‘SUBCHAPTER D—SHIPPING 

‘‘1345. Violence against maritime navigation. 

‘‘1346. Devices or dangerous substances in waters of the United States likely 

to destroy or damage Ships or to interfere with maritime commerce. 

‘‘1347. Violence against aids to maritime navigation. 

‘‘1348. Transportation of explosive, biological, chemical, or radioactive or nuclear materials. 

‘‘1349. Transportation of terrorists. 


PWALKER on DSK7TPTVN1PROD with BILLS
955 

•HR 1860 IH

‘‘1350. Operation of submersible vessel or semi-submersible vessel without nationality. 

1 ‘‘§ 1345. Violence against maritime navigation 

2 ‘‘(a) OFFENSES.— 

3 ‘‘(1) IN GENERAL.—A person who unlawfully 

4 and intentionally— 

5 ‘‘(A) seizes or exercises control over a ship 

6 by force or threat thereof or any other form of 

7 intimidation; 

8 ‘‘(B) performs an act of violence against a 

9 person on board a ship if that act is likely to 

10 endanger the safe navigation of that ship; 

11 ‘‘(C) destroys a ship or causes damage to 

12 a ship or to its cargo which is likely to endan13 ger the safe navigation of that ship; 

14 ‘‘(D) places or causes to be placed on a 

15 ship, by any means whatsoever, a device or sub16 stance which is likely to destroy that ship, or 

17 cause damage to that ship or its cargo which 

18 endangers or is likely to endanger the safe navi19 gation of that ship; 

20 ‘‘(E) destroys or seriously damages mari21 time navigational facilities or seriously inter22 feres with their operation, if such act is likely 

23 to endanger the safe navigation of a ship; 


PWALKER on DSK7TPTVN1PROD with BILLS
956 

•HR 1860 IH

1 ‘‘(F) communicates information, knowing 

2 the information to be false and under cir3 cumstances in which such information may rea4 sonably be believed, thereby endangering the 

5 safe navigation of a ship; or 

6 ‘‘(G) injures or kills any person in connec7 tion with the commission or the attempted com8 mission of any of the offenses set forth in sub9 paragraphs (A) through (F), 

10 shall be imprisoned not more than 20 years; and if 

11 the death of any person results from conduct prohib12 ited by this paragraph, shall be punished by death 

13 or imprisoned for any term of years or for life. 

14 ‘‘(2) THREAT TO NAVIGATION.—A person who 

15 threatens to do any act prohibited under paragraph 

16 (1)(B), (C) or (E), with apparent determination and 

17 will to carry the threat into execution, if the threat18 ened act is likely to endanger the safe navigation of 

19 the ship in question, shall be imprisoned not more 

20 than 5 years. 

21 ‘‘(b) JURISDICTION.—There is jurisdiction over the 

22 activity prohibited in subsection (a)— 

23 ‘‘(1) in the case of a covered ship, if— 

24 ‘‘(A) such activity is committed— 


PWALKER on DSK7TPTVN1PROD with BILLS
957 

•HR 1860 IH

1 ‘‘(i) against or on board a ship flying 

2 the flag of the United States at the time 

3 the prohibited activity is committed; 

4 ‘‘(ii) in the United States; or 

5 ‘‘(iii) by a national of the United 

6 States or by a stateless person whose ha7 bitual residence is in the United States; 

8 ‘‘(B) during the commission of such activ9 ity, a national of the United States is seized, 

10 threatened, injured or killed; or 

11 ‘‘(C) the offender is later found in the 

12 United States after such activity is committed; 

13 ‘‘(2) in the case of a ship navigating or sched14 uled to navigate solely within the territorial sea or 

15 internal waters of a country other than the United 

16 States, if the offender is later found in the United 

17 States after such activity is committed; and 

18 ‘‘(3) in the case of any vessel, if such activity 

19 is committed in an attempt to compel the United 

20 States to do or abstain from doing any act. 

21 ‘‘(c) BAR TO PROSECUTION.—It is a bar to Federal 

22 prosecution under subsection (a) for conduct that occurred 

23 within the United States that the conduct involved was 

24 during or in relation to a labor dispute, and such conduct 

25 is prohibited as a felony under the law of the State in 


PWALKER on DSK7TPTVN1PROD with BILLS
958 

•HR 1860 IH

1 which it was committed. For purposes of this section, the 

2 term ‘labor dispute’ has the meaning set forth in section 

3 13(c) of the Act of March 23, 1932 (47 Stat. 70) (com4 monly known as the Norris-LaGuardia Act). 

5 ‘‘(d) DELIVERY OF SUSPECTED OFFENDER.—The 

6 master of a covered ship flying the flag of the United 

7 States who has reasonable grounds to believe that there 

8 is on board that ship any person who has committed an 

9 offense under Article 3 of the Convention for the Suppres10 sion of Unlawful Acts Against the Safety of Maritime 

11 Navigation may deliver such person to the authorities of 

12 a State Party to that Convention. Before delivering such 

13 person to the authorities of another country, the master 

14 shall notify in an appropriate manner the Attorney Gen15 eral of the United States of the alleged offense and await 

16 instructions from the Attorney General as to what action 

17 to take. When delivering the person to a country which 

18 is a State Party to the Convention, the master shall, when19 ever practicable, and if possible before entering the terri20 torial sea of such country, notify the authorities of such 

21 country of the master’s intention to deliver such person 

22 and the reasons therefor. If the master delivers such per23 son, the master shall furnish to the authorities of such 

24 country the evidence in the master’s possession that per25 tains to the alleged offense. 


PWALKER on DSK7TPTVN1PROD with BILLS
959 

•HR 1860 IH

1 ‘‘(e) DEFINITIONS.—As used in this section— 

2 ‘‘(1) the term ‘covered ship’ means a ship that 

3 is navigating or is scheduled to navigate into, 

4 through or from waters beyond the outer limit of the 

5 territorial sea of a single country or a lateral limit 

6 of that country’s territorial sea with an adjacent 

7 country; 

8 ‘‘(2) the term ‘territorial sea of the United 

9 States’ means all waters extending seaward to 12 

10 nautical miles from the baselines of the United 

11 States determined in accordance with international 

12 law; and 

13 ‘‘(3) the term ‘ship’ means a vessel of any type 

14 whatsoever not permanently attached to the sea-bed, 

15 including dynamically supported craft, submersibles 

16 or any other floating craft, but does not include a 

17 warship, a ship owned or operated by a government 

18 when being used as a naval auxiliary or for customs 

19 or police purposes, or a ship which has been with20 drawn from navigation or laid up. 


PWALKER on DSK7TPTVN1PROD with BILLS
960 

•HR 1860 IH

1 ‘‘§ 1346. Devices or dangerous substances in waters of 

2 the United States likely to destroy or 

3 damage ships or to interfere with mari4 time commerce 

5 ‘‘(a) OFFENSE.—Whoever knowingly places in navi6 gable waters of the United States a device or dangerous 

7 substance which is likely— 

8 ‘‘(1) to destroy or cause damage to a vessel or 

9 its cargo; 

10 ‘‘(2) to cause interference with the safe naviga11 tion of vessels, or interference with maritime com12 merce (such as by damaging or destroying marine 

13 terminals, facilities, or any other marine structure or 

14 entity used in maritime commerce); 

15 with the intent of causing such destruction or damage, in16 terference with the safe navigation of vessels, or inter17 ference with maritime commerce shall be imprisoned for 

18 any term of years or for life. 

19 ‘‘(b) SPECIAL RULE FOR OFFENSE RESULTING IN

20 DEATH.—Whoever causes the death of any person by en21 gaging in conduct prohibited under subsection (a) may be 

22 punished by death. 

23 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec24 tion shall be construed to apply to otherwise lawfully au25 thorized and conducted activities of the United States 

26 Government. 


PWALKER on DSK7TPTVN1PROD with BILLS
961 

•HR 1860 IH

1 ‘‘(d) DEFINITIONS.—As used in this section— 

2 ‘‘(1) the term ‘dangerous substance’ means any 

3 solid, liquid, or gaseous material that has the capac4 ity to cause damage to a vessel or its cargo, or cause 

5 interference with the safe navigation of a vessel; and 

6 ‘‘(2) the term ‘device’ means any object that, 

7 because of its physical, mechanical, structural, or 

8 chemical properties, has the capacity to cause dam9 age to a vessel or its cargo, or cause interference 

10 with the safe navigation of a vessel. 

11 ‘‘§ 1347. Violence against aids to maritime navigation 

12 ‘‘Whoever intentionally destroys, seriously damages, 

13 alters, moves, or tampers with any aid to maritime naviga14 tion maintained by the Saint Lawrence Seaway Develop15 ment Corporation under the authority of section 4 of the 

16 Act of May 13, 1954 (68 Stat. 92), by the Coast Guard 

17 pursuant to section 81 of title 14, or lawfully maintained 

18 under authority granted by the Coast Guard pursuant to 

19 section 83 of title 14, if such act endangers or is likely 

20 to endanger the safe navigation of a ship, shall imprisoned 

21 for not more than 20 years. 

22 ‘‘§ 1348. Transportation of explosive, biological, chem23 ical, or radioactive or nuclear materials 

24 ‘‘(a) IN GENERAL.—Whoever knowingly transports 

25 aboard any vessel within the United States and on waters 


PWALKER on DSK7TPTVN1PROD with BILLS
962 

•HR 1860 IH

1 subject to the jurisdiction of the United States or any ves2 sel outside the United States and on the high seas or hav3 ing United States nationality an explosive or incendiary 

4 device, biological agent, chemical weapon, or radioactive 

5 or nuclear material, knowing that any such item is in6 tended to be used to commit an offense listed in section 

7 273(g)(3)(B), shall be imprisoned for any term of years 

8 or for life. 

9 ‘‘(b) CAUSING DEATH.—Whoever causes the death of 

10 a person by engaging in conduct prohibited by subsection 

11 (a) may be punished by death. 

12 ‘‘(c) DEFINITIONS.—In this section: 

13 ‘‘(1) BIOLOGICAL AGENT.—The term ‘biological 

14 agent’ means any biological agent, toxin, or vector 

15 (as those terms are defined in section 627). 

16 ‘‘(2) BY-PRODUCT MATERIAL.—The term ‘by17 product material’ has the meaning given that term 

18 in section 11(e) of the Atomic Energy Act of 1954. 

19 ‘‘(3) CHEMICAL WEAPON.—The term ‘chemical 

20 weapon’ has the meaning given that term in section 

21 636(1). 

22 ‘‘(4) EXPLOSIVE OR INCENDIARY DEVICE.—The 

23 term ‘explosive or incendiary device’ has the mean24 ing given the term in section 296(c)(4) and includes 

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1 tion 611(1) and explosive as defined in section 

2 614(j). 

3 ‘‘(5) NUCLEAR MATERIAL.—The term ‘nuclear 

4 material’ has the meaning given that term in section 

5 601(f)(1). 

6 ‘‘(6) RADIOACTIVE MATERIAL.—The term ‘ra7 dioactive material’ means— 

8 ‘‘(A) source material and special nuclear 

9 material, but does not include natural or de10 pleted uranium; 

11 ‘‘(B) nuclear by-product material; 

12 ‘‘(C) material made radioactive by bom13 bardment in an accelerator; or 

14 ‘‘(D) all refined isotopes of radium. 

15 ‘‘(7) SOURCE MATERIAL.—The term ‘source 

16 material’ has the meaning given that term in section 

17 11(z) of the Atomic Energy Act of 1954. 

18 ‘‘(8) SPECIAL NUCLEAR MATERIAL.—The term 

19 ‘special nuclear material’ has the meaning given that 

20 term in section 11(aa) of the Atomic Energy Act of 

21 1954. 

22 ‘‘§ 1349. Transportation of terrorists 

23 ‘‘(a) IN GENERAL.—Whoever knowingly and inten24 tionally transports any terrorist aboard any vessel within 

25 the United States and on waters subject to the jurisdiction 


PWALKER on DSK7TPTVN1PROD with BILLS
964 

•HR 1860 IH

1 of the United States or any vessel outside the United 

2 States and on the high seas or having United States na3 tionality, knowing that the transported person is a ter4 rorist, shall be imprisoned for any term of years or for 

5 life. 

6 ‘‘(b) DEFINED TERM.—In this section, the term ‘ter7 rorist’ means any person who intends to commit, or is 

8 avoiding apprehension after having committed, an offense 

9 listed under section 273(g)(3)(B). 

10 ‘‘§ 1350. Operation of submersible vessel or semi-sub11 mersible vessel without nationality 

12 ‘‘(a) OFFENSE.—Whoever knowingly operates, by 

13 any means, or embarks in any submersible vessel or semi14 submersible vessel that is without nationality and that is 

15 navigating or has navigated into, through, or from waters 

16 beyond the outer limit of the territorial sea of a single 

17 country or a lateral limit of that country’s territorial sea 

18 with an adjacent country, with the intent to evade detec19 tion, shall be imprisoned not more than 15 years. 

20 ‘‘(b) EVIDENCE OF INTENT TO EVADE DETEC21 TION.—For purposes of subsection (a), the presence of 

22 any of the indicia described in paragraph (1)(A), (E), (F), 

23 or (G), or in paragraph (4), (5), or (6), of section 

24 70507(b) of title 46 may be considered, in the totality of 


PWALKER on DSK7TPTVN1PROD with BILLS
965 

•HR 1860 IH

1 the circumstances, to be prima facie evidence of intent to 

2 evade detection. 

3 ‘‘(c) EXTRATERRITORIAL JURISDICTION.—There is 

4 extraterritorial Federal jurisdiction over an offense under 

5 this section. 

6 ‘‘(d) CLAIM OF NATIONALITY OR REGISTRY.—A 

7 claim of nationality or registry under this section includes 

8 only— 

9 ‘‘(1) possession on board the vessel and produc10 tion of documents evidencing the vessel’s nationality 

11 as provided in article 5 of the 1958 Convention on 

12 the High Seas; 

13 ‘‘(2) flying its nation’s ensign or flag; or 

14 ‘‘(3) a verbal claim of nationality or registry by 

15 the master or individual in charge of the vessel. 

16 ‘‘(e) AFFIRMATIVE DEFENSES.— 

17 ‘‘(1) IN GENERAL.—It is an affirmative defense 

18 to a prosecution for a violation of subsection (a), 

19 which the defendant has the burden to prove by a 

20 preponderance of the evidence, that the submersible 

21 vessel or semi-submersible vessel involved was, at the 

22 time of the offense— 

23 ‘‘(A) a vessel of the United States or law24 fully registered in a foreign nation as claimed 

25 by the master or individual in charge of the vesVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00965 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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•HR 1860 IH

1 sel when requested to make a claim by an offi2 cer of the United States authorized to enforce 

3 applicable provisions of United States law; 

4 ‘‘(B) classed by and designed in accord5 ance with the rules of a classification society; 

6 ‘‘(C) lawfully operated in government-regu7 lated or licensed activity, including commerce, 

8 research, or exploration; or 

9 ‘‘(D) equipped with and using an operable 

10 automatic identification system, vessel moni11 toring system, or long range identification and 

12 tracking system. 

13 ‘‘(2) PRODUCTION OF DOCUMENTS.—The af14 firmative defenses provided by this subsection are 

15 proved conclusively by the production of— 

16 ‘‘(A) government documents evidencing the 

17 vessel’s nationality at the time of the offense, as 

18 provided in article 5 of the 1958 Convention on 

19 the High Seas; 

20 ‘‘(B) a certificate of classification issued by 

21 the vessel’s classification society upon comple22 tion of relevant classification surveys and valid 

23 at the time of the offense; or 


PWALKER on DSK7TPTVN1PROD with BILLS
967 

•HR 1860 IH

1 ‘‘(C) government documents evidencing li2 censure, regulation, or registration for com3 merce, research, or exploration. 

4 ‘‘(f) FEDERAL ACTIVITIES EXCEPTED.—Nothing in 

5 this section applies to lawfully authorized activities carried 

6 out by or at the direction of the United States Govern7 ment. 

8 ‘‘(g) APPLICABILITY OF OTHER PROVISIONS.—Sec9 tions 70504 and 70505 of title 46 apply to offenses under 

10 this section in the same manner as they apply to offenses 

11 under section 70503 of such title. 

12 ‘‘(h) DEFINITIONS.—In this section, the terms ‘sub13 mersible vessel’, ‘semi-submersible vessel’, ‘vessel of the 

14 United States’, and ‘vessel without nationality’ have the 

15 meaning given those terms in section 70502 of title 46. 

16 ‘‘SUBCHAPTER E—DESTRUCTION OF, OR IN17 TERFERENCE WITH, VESSELS OR MARI18 TIME FACILITIES 

‘‘1351. Nonapplication of subchapter. 

‘‘1352. Destruction of vessel or maritime facility. 

‘‘1353. Imparting or conveying false information. 

‘‘1354. Bar to prosecution. 

‘‘1355. Bribery affecting port Security. 

19 ‘‘§ 1351. Nonapplication of subchapter 

20 ‘‘Nothing in this subchapter applies to otherwise law21 ful activities carried out by or at the direction of the 

22 United States Government. 


PWALKER on DSK7TPTVN1PROD with BILLS
968 

•HR 1860 IH

1 ‘‘§ 1352. Destruction of vessel or maritime facility 

2 ‘‘(a) OFFENSE.—Whoever, within waters subject to 

3 the jurisdiction of the United States or outside the United 

4 States, knowingly— 

5 ‘‘(1) sets fire to, damages, destroys, disables, or 

6 wrecks any vessel; 

7 ‘‘(2) places or causes to be placed a destructive 

8 device, as defined in section 581(2), destructive sub9 stance, as defined in section 1311, or an explosive, 

10 as defined in section 611, in, upon, or near, or oth11 erwise makes or causes to be made unworkable or 

12 unusable or hazardous to work or use, any vessel, or 

13 any part or other materials used or intended to be 

14 used in connection with the operation of a vessel; 

15 ‘‘(3) sets fire to, damages, destroys, or disables 

16 or places a destructive device or substance in, upon, 

17 or near, any maritime facility, including any aid to 

18 navigation, lock, canal, or vessel traffic service facil19 ity or equipment; 

20 ‘‘(4) interferes by force or violence with the op21 eration of any maritime facility, including any aid to 

22 navigation, lock, canal, or vessel traffic service facil23 ity or equipment, if such action is likely to endanger 

24 the safety of any vessel in navigation; 

25 ‘‘(5) sets fire to, damages, destroys, or disables 

26 or places a destructive device or substance in, upon, 


PWALKER on DSK7TPTVN1PROD with BILLS
969 

•HR 1860 IH

1 or near, any appliance, structure, property, machine, 

2 or apparatus, or any facility or other material used, 

3 or intended to be used, in connection with the oper4 ation, maintenance, loading, unloading, or storage of 

5 any vessel or any passenger or cargo carried or in6 tended to be carried on any vessel; 

7 ‘‘(6) performs an act of violence against or in8 capacitates any individual on any vessel, if such act 

9 of violence or incapacitation is likely to endanger the 

10 safety of the vessel or those on board; 

11 ‘‘(7) performs an act of violence against a per12 son that causes or is likely to cause serious bodily 

13 injury in, upon, or near, any appliance, structure, 

14 property, machine, or apparatus, or any facility or 

15 other material used, or intended to be used, in con16 nection with the operation, maintenance, loading, 

17 unloading, or storage of any vessel or any passenger 

18 or cargo carried or intended to be carried on any 

19 vessel; or 

20 ‘‘(8) communicates information, knowing the 

21 information to be false and under circumstances in 

22 which such information may reasonably be believed, 

23 thereby endangering the safety of any vessel in navi24 gation; 

25 shall be imprisoned not more than 20 years. 


PWALKER on DSK7TPTVN1PROD with BILLS
970 

•HR 1860 IH

1 ‘‘(b) LIMITATION.—Subsection (a) does not apply to 

2 any person that is engaging in otherwise lawful activity, 

3 such as normal repair and salvage activities, and the 

4 transportation of hazardous materials regulated and al5 lowed to be transported under chapter 51 of title 49. 

6 ‘‘(c) PENALTY.—Whoever is convicted under sub7 section (a) as a result of an act involving a vessel that, 

8 at the time of the violation, carried high-level radioactive 

9 waste (as that term is defined in section 2(12) of the Nu10 clear Waste Policy Act of 1982 or spent nuclear fuel (as 

11 that term is defined in section 2(23) of that Act), shall 

12 be imprisoned for any term of years or for life. 

13 ‘‘(d) PENALTY WHEN DEATH RESULTS.—Whoever is 

14 convicted under subsection (a) and intended to cause 

15 death by the prohibited conduct, if the conduct resulted 

16 in the death of any person, shall be subject to the death 

17 penalty or to imprisonment for any term of years or for 

18 life. 

19 ‘‘(e) THREATS.—Whoever knowingly and inten20 tionally imparts or conveys any threat to do an act which 

21 would violate this subchapter, with an apparent deter22 mination and will to carry the threat into execution, shall 

23 be imprisoned not more than 5 years and is liable for all 

24 costs incurred as a result of such threat. 


PWALKER on DSK7TPTVN1PROD with BILLS
971 

•HR 1860 IH

1 ‘‘(f) EXTRATERRITORIAL JURISDICTION.—There is 

2 extraterritorial jurisdiction over an offense under sub3 section (a). 

4 ‘‘§ 1353. Imparting or conveying false information 

5 ‘‘(a) IN GENERAL.—Whoever imparts or conveys or 

6 causes to be imparted or conveyed false information, 

7 knowing the information to be false, concerning an at8 tempt or alleged attempt being made or to be made, to 

9 do any act that would be a crime prohibited by this sub10 chapter or by subchapter D, shall be subject to a civil pen11 alty of not more than $5,000, which shall be recoverable 

12 in a civil action brought in the name of the United States. 

13 ‘‘(b) MALICIOUS CONDUCT.—Whoever knowingly, in14 tentionally, maliciously, or with reckless disregard for the 

15 safety of human life, imparts or conveys or causes to be 

16 imparted or conveyed false information, knowing the infor17 mation to be false, concerning an attempt or alleged at18 tempt to do any act which would be a crime prohibited 

19 by this subchapter or by subchapter D, shall be imprisoned 

20 not more than 5 years. 

21 ‘‘(c) JURISDICTION.—Jurisdiction over an offense 

22 under this section shall be determined in accordance with 

23 the provisions applicable to the offense under section 

24 1352, or under subchapter D, to which the imparted or 

25 conveyed false information relates, as applicable. 


PWALKER on DSK7TPTVN1PROD with BILLS
972 

•HR 1860 IH

1 ‘‘§ 1354. Bar to prosecution 

2 ‘‘(a) IN GENERAL.—It is a bar to prosecution under 

3 section 1352 or 1353 that— 

4 ‘‘(1) the conduct in question occurred within 

5 the United States in relation to a labor dispute, and 

6 such conduct is prohibited as a felony under the law 

7 of the State in which it was committed; or 

8 ‘‘(2) such conduct is prohibited as a mis9 demeanor, and not as a felony, under the law of the 

10 State in which it was committed. 

11 ‘‘(b) DEFINITION.—In this section, the term ‘labor 

12 dispute’ has the meaning given that term in section 13(c) 

13 of the Act of March 23, 1932 (47 Stat. 70) (commonly 

14 known as the Norris-LaGuardia Act). 

15 ‘‘§ 1355. Bribery affecting port security 

16 ‘‘(a) IN GENERAL.—Whoever knowingly— 

17 ‘‘(1) directly or indirectly, corruptly gives, of18 fers, or promises anything of value to any public or 

19 private person, with intent to commit international 

20 terrorism or domestic terrorism (as those terms are 

21 defined under section 283), to— 

22 ‘‘(A) influence any action or any person to 

23 commit or aid in committing, or collude in, or 

24 allow, any fraud, or make opportunity for the 

25 commission of any fraud affecting any secure or 

26 restricted area or seaport; or 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 ‘‘(B) induce any official or person to do or 

2 omit to do any act in violation of the lawful 

3 duty of such official or person that affects any 

4 secure or restricted area or seaport; or 

5 ‘‘(2) directly or indirectly, corruptly demands, 

6 seeks, receives, accepts, or agrees to receive or ac7 cept anything of value personally or for any other 

8 person or entity in return for— 

9 ‘‘(A) being influenced in the performance 

10 of any official act affecting any secure or re11 stricted area or seaport; and 

12 ‘‘(B) knowing that such influence will be 

13 used to commit, or plan to commit, inter14 national or domestic terrorism, 

15 shall be imprisoned not more than 15 years. 

16 ‘‘(b) DEFINITION.—In this section, the term ‘secure 

17 or restricted area’ means an area of a vessel or facility 

18 designated as secure in an approved security plan, as re19 quired under section 70103 of title 46, and the rules and 

20 regulations promulgated under that section. 

21 ‘‘CHAPTER 35—REGULATORY CRIMES 

‘‘Subchapter 

‘‘A. Animals, birds, fish, and plants 

‘‘B. Gambling 

‘‘C. Protection of trade secrets 

‘‘D. Trafficking in contraband cigarettes 

‘‘E. Child support 

‘‘F. Obscenity 

‘‘G. Money laundering 


PWALKER on DSK7TPTVN1PROD with BILLS
974 

•HR 1860 IH

1 ‘‘SUBCHAPTER A—ANIMALS, BIRDS, FISH, AND 

2 PLANTS 

‘‘1371. Hunting, fishing, trapping; disturbance or injury on wildlife refuges. 

‘‘1372. Importation or shipment of injurious mammals, birds, fish (including 

mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations. 

‘‘1373. Force, violence, and threats involving animal enterprises. 

‘‘1374. Use of aircraft or motor vehicles to hunt certain wild horses or burros; 

pollution of watering holes. 

‘‘1375. Animal crush videos. 

‘‘1376. Enforcement of animal fighting prohibitions. 

3 ‘‘§ 1371. Hunting, fishing, trapping; disturbance or in4 jury on wildlife refuges 

5 ‘‘Whoever, except in compliance with rules and regu6 lations promulgated by authority of law, hunts, traps, cap7 tures, knowingly disturbs or kills any bird, fish, or wild 

8 animal of any kind whatever, or takes or destroys the eggs 

9 or nest of any such bird or fish, on any lands or waters 

10 which are set apart or reserved as sanctuaries, refuges or 

11 breeding grounds for such birds, fish, or animals under 

12 any law of the United States or knowingly injures, mo13 lests, or destroys any property of the United States on 

14 any such lands or waters, shall be imprisoned not more 

15 than six months. 

16 ‘‘§ 1372. Importation or shipment of injurious mam17 mals, birds, fish (including mollusks and 

18 crustacea), amphibia, and reptiles; per19 mits, specimens for museums; regulations 

20 ‘‘(a) PROHIBITION.—The importation into the United 

21 States, any territory of the United States, the District of 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 Columbia, the Commonwealth of Puerto Rico, or any pos2 session of the United States, or any shipment between the 

3 continental United States, the District of Columbia, Ha4 waii, the Commonwealth of Puerto Rico, or any possession 

5 of the United States, of the mongoose of the species 

6 Herpestes auropunctatus; of the species of so-called ‘flying 

7 foxes’ or fruit bats of the genus Pteropus; of the zebra 

8 mussel of the species Dreissena polymorpha; of the big9 head carp of the species Hypophthalmichthys nobilis; and 

10 such other species of wild mammals, wild birds, fish (in11 cluding mollusks and crustacea), amphibians, reptiles, 

12 brown tree snakes, or the offspring or eggs of any of the 

13 foregoing which the Secretary of the Interior may pre14 scribe by regulation to be injurious to human beings, to 

15 the interests of agriculture, horticulture, forestry, or to 

16 wildlife or the wildlife resources of the United States, is 

17 hereby prohibited. All such prohibited mammals, birds, 

18 fish (including mollusks and crustacea), amphibians, and 

19 reptiles, and the eggs or offspring therefrom, shall be 

20 promptly exported or destroyed at the expense of the im21 porter or consignee. Nothing in this section shall be con22 strued to repeal or modify any provision of the Public 

23 Health Service Act or Federal Food, Drug, and Cosmetic 

24 Act. Also, this section does not authorize any action with 

25 respect to the importation of any plant pest as defined 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 in the Plant Protection Act, insofar as such importation 

2 is subject to regulation under that Act. 

3 ‘‘(b) DEFINITIONS.—As used in subsection (a), the 

4 term ‘wild’ relates to any creatures that, whether or not 

5 raised in captivity, normally are found in a wild state; and 

6 the terms ‘wildlife’ and ‘wildlife resources’ include those 

7 resources that comprise wild mammals, wild birds, fish 

8 (including mollusks and crustacea), and all other classes 

9 of wild creatures whatsoever, and all types of aquatic and 

10 land vegetation upon which such wildlife resources are de11 pendent. 

12 ‘‘(c) EXCEPTIONS.—The Secretary of the Interior, if 

13 the Secretary finds that there has been a proper showing 

14 of responsibility and continued protection of the public in15 terest and health, shall permit the importation for zoolog16 ical, educational, medical, and scientific purposes of any 

17 mammal, bird, fish, (including mollusks and crustacea), 

18 amphibian, or reptile, or the offspring or eggs thereof, 

19 where such importation would otherwise be prohibited 

20 under this subchapter. This subchapter does not restrict 

21 importations by Federal agencies for their own use. 

22 ‘‘(d) EXCLUSION.—Nothing in this section restricts 

23 the importation of dead natural-history specimens for mu24 seums or for scientific collections, or the importation of 

25 domesticated canaries, parrots (including all other species 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 of psittacine birds), or such other cage birds as the Sec2 retary of the Interior may designate. 

3 ‘‘(e) ENFORCEMENT.—The Secretary of the Treasury 

4 and the Secretary of the Interior shall enforce this sub5 section, including any regulations issued hereunder, and, 

6 if requested by the Secretary of the Interior, the Secretary 

7 of the Treasury may require the furnishing of an appro8 priate bond when desirable to insure compliance with such 

9 provisions. 

10 ‘‘(f) OFFENSE.—Whoever violates this section, or any 

11 regulation issued pursuant thereto, shall be imprisoned 

12 not more than six months. 

13 ‘‘§ 1373. Force, violence, and threats involving animal 

14 enterprises 

15 ‘‘(a) OFFENSE.—Whoever travels in interstate or for16 eign commerce, or uses or causes to be used the mail or 

17 any facility of interstate or foreign commerce— 

18 ‘‘(1) for the purpose of damaging or interfering 

19 with the operations of an animal enterprise; and 

20 ‘‘(2) in connection with such purpose— 

21 ‘‘(A) intentionally damages or causes the 

22 loss of any real or personal property (including 

23 animals or records) used by an animal enter24 prise, or any real or personal property of a per25 son or entity having a connection to, relationVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00977 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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•HR 1860 IH

1 ship with, or transactions with an animal enter2 prise; or 

3 ‘‘(B) intentionally places a person in rea4 sonable fear of the death of, or serious bodily 

5 injury to that person, a member of the family 

6 (as defined in section 136) of that person, or a 

7 spouse or intimate partner of that person by a 

8 course of conduct involving threats, acts of van9 dalism, property damage, criminal trespass, 

10 harassment, or intimidation; 

11 shall be punished as provided for in subsection (b). 

12 ‘‘(b) PENALTIES.—The punishment for a violation of 

13 subsection (a) is— 

14 ‘‘(1) a fine under this title or imprisonment for 

15 not more than 1 year, or both, if the offense does 

16 not instill in another the reasonable fear of serious 

17 bodily injury or death and— 

18 ‘‘(A) the offense results in no economic 

19 damage or bodily injury; or 

20 ‘‘(B) the offense results in economic dam21 age that does not exceed $10,000; 

22 ‘‘(2) a fine under this title or imprisonment for 

23 not more than 5 years, or both, if no bodily injury 

24 occurs and— 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 ‘‘(A) the offense results in economic dam2 age exceeding $10,000 but not exceeding 

3 $100,000; or 

4 ‘‘(B) the offense instills in another the rea5 sonable fear of serious bodily injury or death; 

6 ‘‘(3) a fine under this title or imprisonment for 

7 not more than 10 years, or both, if— 

8 ‘‘(A) the offense results in economic dam9 age exceeding $100,000; or 

10 ‘‘(B) the offense results in substantial bod11 ily injury to another individual; 

12 ‘‘(4) a fine under this title or imprisonment for 

13 not more than 20 years, or both, if— 

14 ‘‘(A) the offense results in serious bodily 

15 injury to another individual; or 

16 ‘‘(B) the offense results in economic dam17 age exceeding $1,000,000; and 

18 ‘‘(5) imprisonment for life or for any terms of 

19 years, a fine under this title, or both, if the offense 

20 results in death of another individual. 

21 ‘‘(c) RESTITUTION.—An order of restitution under 

22 this title with respect to a violation of this section may 

23 also include restitution— 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 ‘‘(1) for the reasonable cost of repeating any 

2 experimentation that was interrupted or invalidated 

3 as a result of the offense; 

4 ‘‘(2) for the loss of food production or farm in5 come reasonably attributable to the offense; and 

6 ‘‘(3) for any other economic damage, including 

7 any losses or costs caused by economic disruption, 

8 resulting from the offense. 

9 ‘‘(d) DEFINITIONS.—As used in this section— 

10 ‘‘(1) the term ‘animal enterprise’ means— 

11 ‘‘(A) a commercial or academic enterprise 

12 that uses or sells animals or animal products 

13 for profit, food or fiber production, agriculture, 

14 education, research, or testing; 

15 ‘‘(B) a zoo, aquarium, animal shelter, pet 

16 store, breeder, furrier, circus, or rodeo, or other 

17 lawful competitive animal event; or 

18 ‘‘(C) any fair or similar event intended to 

19 advance agricultural arts and sciences; 

20 ‘‘(2) the term ‘course of conduct’ means a pat21 tern of conduct composed of 2 or more acts, evidenc22 ing a continuity of purpose; 

23 ‘‘(3) the term ‘economic damage’— 

24 ‘‘(A) means the replacement costs of lost 

25 or damaged property or records, the costs of reVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00980 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 peating an interrupted or invalidated experi2 ment, the loss of profits, or increased costs, in3 cluding losses and increased costs resulting 

4 from threats, acts or vandalism, property dam5 age, trespass, harassment, or intimidation taken 

6 against a person or entity on account of that 

7 person’s or entity’s connection to, relationship 

8 with, or transactions with the animal enter9 prise; but 

10 ‘‘(B) does not include any lawful economic 

11 disruption (including a lawful boycott) that re12 sults from lawful public, governmental, or busi13 ness reaction to the disclosure of information 

14 about an animal enterprise; 

15 ‘‘(4) the term ‘substantial bodily injury’ 

16 means— 

17 ‘‘(A) deep cuts and serious burns or abra18 sions; 

19 ‘‘(B) short-term or nonobvious disfigure20 ment; 

21 ‘‘(C) fractured or dislocated bones, or torn 

22 members of the body; 

23 ‘‘(D) significant physical pain; 

24 ‘‘(E) illness; 


PWALKER on DSK7TPTVN1PROD with BILLS
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1 ‘‘(F) short-term loss or impairment of the 

2 function of a bodily member, organ, or mental 

3 faculty; or 

4 ‘‘(G) any other significant injury to the 

5 body. 

6 ‘‘(e) RULES OF CONSTRUCTION.—Nothing in this 

7 section shall be construed— 

8 ‘‘(1) to prohibit any expressive conduct (includ9 ing peaceful picketing or other peaceful demonstra10 tion) protected from legal prohibition by the First 

11 Amendment to the Constitution; or 

12 ‘‘(2) to create new remedies for interference 

13 with activities protected by the free speech or free 

14 exercise clauses of the First Amendment to the Con15 stitution, regardless of the point of view expressed, 

16 or to limit any existing legal remedies for such inter17 ference. 

18 ‘‘§ 1374. Use of aircraft or motor vehicles to hunt cer19 tain wild horses or burros; pollution of 

20 watering holes 

21 ‘‘(a) AIRCRAFT FOR HUNTING.—Whoever uses an 

22 aircraft or a motor vehicle to hunt, for the purpose of cap23 turing or killing, any wild unbranded horse, mare, colt, 

24 or burro running at large on any of the public land or 

25 ranges shall be imprisoned not more than six months. 


PWALKER on DSK7TPTVN1PROD with BILLS
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1 ‘‘(b) POLLUTION OF WATERING HOLES.—Whoever 

2 pollutes or causes the pollution of any watering hole on 

3 any of the public land or ranges for the purpose of trap4 ping, killing, wounding, or maiming any of the animals 

5 referred to in subsection (a) of this section shall be impris6 oned not more than six months. 

7 ‘‘(c) DEFINITIONS.—As used in subsection (a) of this 

8 section— 

9 ‘‘(1) the term ‘aircraft’ means any contrivance 

10 used for flight in the air; and 

11 ‘‘(2) the term ‘motor vehicle’ includes an auto12 mobile, automobile truck, automobile wagon, motor13 cycle, or any other self-propelled vehicle designed for 

14 running on land. 

15 ‘‘§ 1375. Animal crush videos 

16 ‘‘(a) DEFINITION.—In this section the term ‘animal 

17 crush video’ means any photograph, motion-picture film, 

18 video or digital recording, or electronic image that— 

19 ‘‘(1) depicts actual conduct in which 1 or more 

20 living non-human mammals, birds, reptiles, or am21 phibians is intentionally crushed, burned, drowned, 

22 suffocated, impaled, or otherwise subjected to seri23 ous bodily injury; and 

24 ‘‘(2) is obscene. 

25 ‘‘(b) PROHIBITIONS.— 


PWALKER on DSK7TPTVN1PROD with BILLS
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1 ‘‘(1) CREATION OF ANIMAL CRUSH VIDEOS.—It 

2 shall be unlawful for any person to knowingly create 

3 an animal crush video, if— 

4 ‘‘(A) the person intends or has reason to 

5 know that the animal crush video will be dis6 tributed in, or using a means or facility of, 

7 interstate or foreign commerce; or 

8 ‘‘(B) the animal crush video is distributed 

9 in, or using a means or facility of, interstate or 

10 foreign commerce. 

11 ‘‘(2) DISTRIBUTION OF ANIMAL CRUSH VID12 EOS.—It shall be unlawful for any person to know13 ingly sell, market, advertise, exchange, or distribute 

14 an animal crush video in, or using a means or facil15 ity of, interstate or foreign commerce. 

16 ‘‘(c) EXTRATERRITORIAL APPLICATION.—Subsection 

17 (b) applies to the knowing sale, marketing, advertising, ex18 change, distribution, or creation of an animal crush video 

19 outside of the United States, if— 

20 ‘‘(1) the person engaging in such conduct in21 tends or has reason to know that the animal crush 

22 video will be transported into the United States or 

23 its territories or possessions; or 

24 ‘‘(2) the animal crush video is transported into 

25 the United States or its territories or possessions. 


PWALKER on DSK7TPTVN1PROD with BILLS
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1 ‘‘(d) PENALTY.—Any person who violates subsection 

2 (b) shall be fined under this title, imprisoned for not more 

3 than 7 years, or both. 

4 ‘‘(e) EXCEPTIONS.— 

5 ‘‘(1) IN GENERAL.—This section does not apply 

6 with regard to any visual depiction of— 

7 ‘‘(A) customary and normal veterinary or 

8 agricultural husbandry practices; 

9 ‘‘(B) the slaughter of animals for food; or 

10 ‘‘(C) hunting, trapping, or fishing. 

11 ‘‘(2) GOOD-FAITH DISTRIBUTION.—This section 

12 does not apply to the good-faith distribution of an 

13 animal crush video to— 

14 ‘‘(A) a law enforcement agency; or 

15 ‘‘(B) a third party for the sole purpose of 

16 analysis to determine if referral to a law en17 forcement agency is appropriate. 

18 ‘‘§ 1376. Enforcement of animal fighting prohibitions 

19 ‘‘Whoever violates subsection (a), (b), (c), or (e) of 

20 section 26 of the Animal Welfare Act shall be imprisoned 

21 for not more than 5 years. 

22 ‘‘SUBCHAPTER B—GAMBLING 

‘‘Sec. 

‘‘1381. Transmission of wagering information; penalties. 

‘‘1382. Definitions. 


PWALKER on DSK7TPTVN1PROD with BILLS
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1 ‘‘§ 1381. Transmission of wagering information; pen2 alties 

3 ‘‘(a) OFFENSE.—Whoever, being engaged in the busi4 ness of betting or wagering, knowingly uses a wire commu5 nication facility for the transmission in interstate or for6 eign commerce of bets or wagers or information assisting 

7 in the placing of bets or wagers on any sporting event or 

8 contest, or for the transmission of a wire communication 

9 which entitles the recipient to receive money or credit as 

10 a result of bets or wagers, or for information assisting in 

11 the placing of bets or wagers, shall be imprisoned not more 

12 than two years. 

13 ‘‘(b) EXCLUSION.—Nothing in this section shall be 

14 construed to prevent the transmission in interstate or for15 eign commerce of information for use in news reporting 

16 of sporting events or contests, or for the transmission of 

17 information assisting in the placing of bets or wagers on 

18 a sporting event or contest from a State or foreign country 

19 where betting on that sporting event or contest is legal 

20 into a State or foreign country in which such betting is 

21 legal. 

22 ‘‘(c) NOTIFICATION TO COMMON CARRIER.—When 

23 any common carrier, subject to the jurisdiction of the Fed24 eral Communications Commission, is notified in writing by 

25 a Federal, State, or local law enforcement agency, acting 

26 within its jurisdiction, that any facility furnished by it is 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 being used or will be used for the purpose of transmitting 

2 or receiving gambling information in interstate or foreign 

3 commerce in violation of Federal, State or local law, it 

4 shall discontinue or refuse, the leasing, furnishing, or 

5 maintaining of such facility, after reasonable notice to the 

6 subscriber, but no damages, penalty or forfeiture, civil or 

7 criminal, shall be found against any common carrier for 

8 any act done in compliance with any notice received from 

9 a law enforcement agency. Nothing in this section preju10 dices the right of any person affected thereby to secure 

11 an appropriate determination, as otherwise provided by 

12 law, in a Federal court or in a State or local tribunal or 

13 agency, that such facility should not be discontinued or 

14 removed, or should be restored. 

15 ‘‘§ 1382. Definition 

16 ‘‘As used in this subchapter, the term ‘wire commu17 nication facility’ means any and all instrumentalities, per18 sonnel, and services (among other things, the receipt, for19 warding, or delivery of communications) used or useful in 

20 the transmission of writings, signs, pictures, and sounds 

21 of all kinds by aid of wire, cable, or other like connection 

22 between the points of origin and reception of such trans23 mission. 


PWALKER on DSK7TPTVN1PROD with BILLS
988 

•HR 1860 IH

1 ‘‘SUBCHAPTER C—PROTECTION OF TRADE 

2 SECRETS 

‘‘1391. Economic espionage. 

‘‘1392. Theft of trade secrets. 

‘‘1393. Exceptions to prohibitions. 

‘‘1394. Orders to preserve confidentiality. 

‘‘1395. Civil proceedings to enjoin violations. 

‘‘1396. Applicability to conduct outside the United States. 

‘‘1397. Definitions. 

3 ‘‘§ 1391. Economic espionage 

4 ‘‘(a) IN GENERAL.—Whoever, intending or knowing 

5 that the offense will benefit any foreign government, for6 eign instrumentality, or foreign agent, knowingly— 

7 ‘‘(1) steals, or without authorization appro8 priates, takes, carries away, or conceals, or by fraud, 

9 artifice, or deception obtains a trade secret; 

10 ‘‘(2) without authorization copies, duplicates, 

11 sketches, draws, photographs, downloads, uploads, 

12 alters, destroys, photocopies, replicates, transmits, 

13 delivers, sends, mails, communicates, or conveys a 

14 trade secret; or 

15 ‘‘(3) receives, buys, or possesses a trade secret, 

16 knowing the same to have been stolen or appro17 priated, obtained, or converted without authoriza18 tion; 

19 shall, except as provided in subsection (b), be imprisoned 

20 not more than 15 years. 

21 ‘‘(b) ORGANIZATIONS.—Any organization that com22 mits any offense described in subsection (a) shall be fined 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 not more than the greater of $10,000,000 or 3 times the 

2 value of the stolen trade secret to the organization, includ3 ing expenses for research and design and other costs of 

4 reproducing the trade secret that the organization has 

5 thereby avoided. 

6 ‘‘§ 1392. Theft of trade secrets 

7 ‘‘(a) OFFENSE.—Whoever, with intent to convert a 

8 trade secret, that is related to a product or service used 

9 in or intended for use in interstate or foreign commerce, 

10 to the economic benefit of anyone other than the owner 

11 thereof, and intending or knowing that the offense will, 

12 injure any owner of that trade secret, knowingly— 

13 ‘‘(1) steals, or without authorization appro14 priates, takes, carries away, or conceals, or by fraud, 

15 artifice, or deception obtains such information; 

16 ‘‘(2) without authorization copies, duplicates, 

17 sketches, draws, photographs, downloads, uploads, 

18 alters, destroys, photocopies, replicates, transmits, 

19 delivers, sends, mails, communicates, or conveys 

20 such information; or 

21 ‘‘(3) receives, buys, or possesses such informa22 tion, knowing the same to have been stolen or appro23 priated, obtained, or converted without authoriza24 tion; 


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1 shall, except as provided in subsection (b), be imprisoned 

2 not more than 10 years. 

3 ‘‘(b) ORGANIZATIONS.—Any organization that com4 mits any offense described in subsection (a) shall be fined 

5 not more than $5,000,000. 

6 ‘‘§ 1393. Exceptions to prohibitions 

7 ‘‘This subchapter does not prohibit— 

8 ‘‘(1) any otherwise lawful activity conducted by 

9 a governmental entity of the United States, a State, 

10 or a political subdivision of a State; or 

11 ‘‘(2) the reporting of a suspected violation of 

12 law to any governmental entity of the United States, 

13 a State, or a political subdivision of a State, if such 

14 entity has lawful authority with respect to that viola15 tion. 

16 ‘‘§ 1394. Orders to preserve confidentiality 

17 ‘‘In any prosecution or other proceeding under this 

18 subchapter and any forfeiture relating to a violation of this 

19 subchapter, the court shall enter such orders and take 

20 such other action as may be necessary and appropriate 

21 to preserve the confidentiality of trade secrets, consistent 

22 with the requirements of the Federal Rules of Criminal 

23 and Civil Procedure, the Federal Rules of Evidence, and 

24 all other applicable laws. An interlocutory appeal by the 

25 United States shall lie from a decision or order of a disVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00990 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 trict court authorizing or directing the disclosure of any 

2 trade secret. 

3 ‘‘§ 1395. Civil proceedings to enjoin violations 

4 ‘‘(a) CIVIL ACTION.—The Attorney General may, in 

5 a civil action, obtain appropriate injunctive relief against 

6 any violation of this subchapter. 

7 ‘‘(b) EXCLUSIVE JURISDICTION.—The district courts 

8 of the United States shall have exclusive original jurisdic9 tion of civil actions under this section. 

10 ‘‘§ 1396. Applicability to conduct outside the United 

11 States 

12 ‘‘This subchapter also applies to conduct occurring 

13 outside the United States if— 

14 ‘‘(1) the offender is a natural person who is a 

15 citizen or permanent resident alien of the United 

16 States, or an organization organized under the laws 

17 of the United States or a State or political subdivi18 sion thereof; or 

19 ‘‘(2) an act in furtherance of the offense was 

20 committed in the United States. 

21 ‘‘§ 1397. Definitions 

22 ‘‘As used in this subchapter— 

23 ‘‘(1) the term ‘foreign instrumentality’ means 

24 any agency, bureau, ministry, component, institu25 tion, association, or any legal, commercial, or busiVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00991 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 ness organization, corporation, firm, or entity that is 

2 substantially owned, controlled, sponsored, com3 manded, managed, or dominated by a foreign gov4 ernment; 

5 ‘‘(2) the term ‘foreign agent’ means any officer, 

6 employee, proxy, servant, delegate, or representative 

7 of a foreign government; 

8 ‘‘(3) the term ‘trade secret’ means all forms 

9 and types of financial, business, scientific, technical, 

10 economic, or engineering information, including pat11 terns, plans, compilations, program devices, for12 mulas, designs, prototypes, methods, techniques, 

13 processes, procedures, programs, or codes, whether 

14 tangible or intangible, and whether or how stored, 

15 compiled, or memorialized physically, electronically, 

16 graphically, photographically, or in writing if— 

17 ‘‘(A) the owner thereof has taken reason18 able measures to keep such information secret; 

19 and 

20 ‘‘(B) the information derives independent 

21 economic value, actual or potential, from not 

22 being generally known to, and not being readily 

23 ascertainable through proper means by, the 

24 public; and 


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1 ‘‘(4) the term ‘owner’, with respect to a trade 

2 secret, means the person or entity in whom or in 

3 which rightful legal or equitable title to, or license 

4 in, the trade secret is reposed. 

5 ‘‘SUBCHAPTER D—TRAFFICKING IN 

6 CONTRABAND CIGARETTES 

‘‘1411. Definitions. 

‘‘1412. Unlawful Acts. 

‘‘1413. Recordkeeping, reporting, and inspection. 

‘‘1414. Penalties. 

‘‘1415. Enforcement and regulations. 

7 ‘‘§ 1411. Definitions 

8 ‘‘As used in this chapter— 

9 ‘‘(1) the term ‘cigarette’ means— 

10 ‘‘(A) any roll of tobacco wrapped in paper 

11 or in any substance not containing tobacco; and 

12 ‘‘(B) any roll of tobacco wrapped in any 

13 substance containing tobacco which, because of 

14 its appearance, the type of tobacco used in the 

15 filler, or its packaging and labeling, is likely to 

16 be offered to, or purchased by, consumers as a 

17 cigarette described in subparagraph (A); 

18 ‘‘(2) the term ‘contraband cigarettes’ means a 

19 quantity in excess of 10,000 cigarettes, which bear 

20 no evidence of the payment of applicable State or 

21 local cigarette taxes in the State or locality where 

22 such cigarettes are found, if the State or local gov23 ernment requires a stamp, impression, or other indiVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00993 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 cation to be placed on packages or other containers 

2 of cigarettes to evidence payment of cigarette taxes, 

3 and which are in the possession of any person other 

4 than— 

5 ‘‘(A) a person holding a permit issued pur6 suant to chapter 52 of the Internal Revenue 

7 Code of 1986 as a manufacturer of tobacco 

8 products or as an export warehouse proprietor, 

9 or a person operating a customs bonded ware10 house pursuant to section 311 or 555 of the 

11 Tariff Act of 1930 or an agent of such person; 

12 ‘‘(B) a common or contract carrier trans13 porting the cigarettes involved under a proper 

14 bill of lading or freight bill which states the 

15 quantity, source, and destination of such ciga16 rettes; 

17 ‘‘(C) a person— 

18 ‘‘(i) who is licensed or otherwise au19 thorized by the State where the cigarettes 

20 are found to account for and pay cigarette 

21 taxes imposed by such State; and 

22 ‘‘(ii) who has complied with the ac23 counting and payment requirements relat24 ing to such license or authorization with 

25 respect to the cigarettes involved; or 


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1 ‘‘(D) an officer, employee, or other agent 

2 of the United States or a State, or any depart3 ment, agency, or instrumentality of the United 

4 States or a State (including any political sub5 division of a State) having possession of such 

6 cigarettes in connection with the performance of 

7 official duties; 

8 ‘‘(3) the term ‘common or contract carrier’ 

9 means a carrier holding a certificate of convenience 

10 and necessity, a permit for contract carrier by motor 

11 vehicle, or other valid operating authority under sub12 title IV of title 49, or under equivalent operating au13 thority from a regulatory agency of the United 

14 States or of any State; 

15 ‘‘(4) the term ‘Attorney General’ means the At16 torney General of the United States; 

17 ‘‘(5) the term ‘smokeless tobacco’ means any 

18 finely cut, ground, powdered, or leaf tobacco that is 

19 intended to be placed in the oral or nasal cavity or 

20 otherwise consumed without being combusted; 

21 ‘‘(6) the term ‘contraband smokeless tobacco’ 

22 means a quantity in excess of 500 single-unit con23 sumer-sized cans or packages of smokeless tobacco, 

24 or their equivalent, that are in the possession of any 

25 person other than— 


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1 ‘‘(A) a person holding a permit issued pur2 suant to chapter 52 of the Internal Revenue 

3 Code of 1986 as manufacturer of tobacco prod4 ucts or as an export warehouse proprietor, a 

5 person operating a customs bonded warehouse 

6 pursuant to section 311 or 555 of the Tariff 

7 Act of 1930, or an agent of such person; 

8 ‘‘(B) a common carrier transporting such 

9 smokeless tobacco under a proper bill of lading 

10 or freight bill which states the quantity, source, 

11 and designation of such smokeless tobacco; 

12 ‘‘(C) a person who— 

13 ‘‘(i) is licensed or otherwise author14 ized by the State where such smokeless to15 bacco is found to engage in the business of 

16 selling or distributing tobacco products; 

17 and 

18 ‘‘(ii) has complied with the account19 ing, tax, and payment requirements relat20 ing to such license or authorization with 

21 respect to such smokeless tobacco; or 

22 ‘‘(D) an officer, employee, or agent of the 

23 United States or a State, or any department, 

24 agency, or instrumentality of the United States 

25 or a State (including any political subdivision of 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 a State), having possession of such smokeless 

2 tobacco in connection with the performance of 

3 official duties. 

4 ‘‘§ 1412. Unlawful Acts 

5 ‘‘It shall be unlawful for any person knowingly to 

6 ship, transport, receive, possess, sell, distribute, or pur7 chase contraband cigarettes or contraband smokeless to8 bacco. 

9 ‘‘§ 1413. Recordkeeping, reporting, and inspection 

10 ‘‘(a) RECORDKEEPING.—Whoever ships, sells, or dis11 tributes any quantity of cigarettes in excess of 10,000, or 

12 any quantity of smokeless tobacco in excess of 500 single13 unit consumer-sized cans or packages, in a single trans14 action shall maintain such information about the ship15 ment, receipt, sale, and distribution of cigarettes as the 

16 Attorney General may prescribe by rule or regulation. The 

17 Attorney General may require such person to keep such 

18 information as the Attorney General considers appropriate 

19 for purposes of enforcement of this subchapter, includ20 ing— 

21 ‘‘(1) the name, address, destination (including 

22 street address), vehicle license number, driver’s li23 cense number, signature of the person receiving such 

24 cigarettes, and the name of the purchaser; 


PWALKER on DSK7TPTVN1PROD with BILLS
998 

•HR 1860 IH

1 ‘‘(2) a declaration of the specific purpose of the 

2 receipt (personal use, resale, or delivery to another); 

3 and 

4 ‘‘(3) a declaration of the name and address of 

5 the recipient’s principal in all cases when the recipi6 ent is acting as an agent. 

7 Such information shall be contained on business records 

8 kept in the normal course of business. 

9 ‘‘(b) REPORTING.—Whoever, except for a tribal gov10 ernment, engages in a delivery sale, and who ships, sells, 

11 or distributes any quantity in excess of 10,000 cigarettes, 

12 or any quantity in excess of 500 single-unit consumer13 sized cans or packages of smokeless tobacco, or their 

14 equivalent, within a single month, shall submit to the At15 torney General, pursuant to rules or regulations pre16 scribed by the Attorney General, a report that sets forth 

17 the following: 

18 ‘‘(1) The person’s beginning and ending inven19 tory of cigarettes and cans or packages of smokeless 

20 tobacco (in total) for such month. 

21 ‘‘(2) The total quantity of cigarettes and cans 

22 or packages of smokeless tobacco that the person re23 ceived within such month from each other person 

24 (itemized by name and address). 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 ‘‘(3) The total quantity of cigarettes and cans 

2 or packages of smokeless tobacco that the person 

3 distributed within such month to each person 

4 (itemized by name and address) other than a retail 

5 purchaser. 

6 ‘‘(c) INSPECTION.— 

7 ‘‘(1) Any officer of the Bureau of Alcohol, To8 bacco, Firearms, and Explosives may, during normal 

9 business hours, enter the premises of any person de10 scribed in subsection (a) or (b) for the purposes of 

11 inspecting— 

12 ‘‘(A) any records or information required 

13 to be maintained by the person under this chap14 ter; or 

15 ‘‘(B) any cigarettes or smokeless tobacco 

16 kept or stored by the person at the premises. 

17 ‘‘(2) The district courts of the United States 

18 shall have the authority in a civil action under this 

19 subsection to compel inspections authorized by para20 graph (1). 

21 ‘‘(3) Whoever denies access to an officer under 

22 paragraph (1), or who fails to comply with an order 

23 issued under paragraph (2), shall be subject to a 

24 civil penalty in an amount not to exceed $10,000. 


PWALKER on DSK7TPTVN1PROD with BILLS
1000 

•HR 1860 IH

1 ‘‘(d) OTHERS TO RECEIVE REPORTS.—Any report re2 quired to be submitted under this subchapter to the Attor3 ney General shall also be submitted to the Secretary of 

4 the Treasury and to the attorneys general and the tax ad5 ministrators of the States from where the shipments, de6 liveries, or distributions both originated and concluded. 

7 ‘‘(e) DELIVERY SALE DEFINED.—As used in this sec8 tion, the term ‘delivery sale’ means any sale of cigarettes 

9 or smokeless tobacco in interstate commerce to a con10 sumer if— 

11 ‘‘(1) the consumer submits the order for such 

12 sale by means of a telephone or other method of 

13 voice transmission, the mails, or the Internet or 

14 other online service, or by any other means where 

15 the consumer is not in the same physical location as 

16 the seller when the purchase or offer of sale is made; 

17 or 

18 ‘‘(2) the cigarettes or smokeless tobacco are de19 livered by use of the mails, common carrier, private 

20 delivery service, or any other means where the con21 sumer is not in the same physical location as the 

22 seller when the consumer obtains physical possession 

23 of the cigarettes or smokeless tobacco. 


PWALKER on DSK7TPTVN1PROD with BILLS
1001 

•HR 1860 IH

1 ‘‘§ 1414. Penalties 

2 ‘‘(a) 1412(a) VIOLATIONS.—Whoever knowingly vio3 lates section 1412(a) shall be imprisoned not more than 

4 five years. 

5 ‘‘(b) 1413(a) AND 1416 VIOLATIONS.—Whoever 

6 knowingly violates any rule or regulation promulgated 

7 under section 1413(a) or 1416 or violates section 1412(b) 

8 shall be imprisoned not more than three years. 

9 ‘‘§ 1415. Enforcement and regulations 

10 ‘‘(a) GENERALLY.—The Attorney General, subject to 

11 section 1413(a), shall enforce this subchapter and may 

12 prescribe rules and regulations to carry out this sub13 chapter. 

14 ‘‘(b) STATE ENFORCEMENT THROUGH CIVIL AC15 TIONS.— 

16 ‘‘(1) A State, through its attorney general, a 

17 local government, through its chief law enforcement 

18 officer (or a designee thereof), or any person who 

19 holds a permit under chapter 52 of the Internal Rev20 enue Code of 1986, may bring an action in the 

21 United States district courts to prevent and restrain 

22 violations of this subchapter by any person (or by 

23 any person controlling such person), except that any 

24 person who holds a permit under chapter 52 of the 

25 Internal Revenue Code of 1986 may not bring such 

26 an action against a State or local government. No 


PWALKER on DSK7TPTVN1PROD with BILLS
1002 

•HR 1860 IH

1 civil action may be commenced under this paragraph 

2 against an Indian tribe or an Indian in Indian coun3 try (as defined in section 871). 

4 ‘‘(2) A State, through its attorney general, or 

5 a local government, through its chief law enforce6 ment officer (or a designee thereof), may in a civil 

7 action under paragraph (1) also obtain any other ap8 propriate relief for violations of this subchapter from 

9 any person (or by any person controlling such per10 son), including civil penalties, money damages, and 

11 injunctive or other equitable relief. Nothing in this 

12 chapter abrogates or constitutes a waiver of any sov13 ereign immunity of a State or local government, or 

14 an Indian tribe against any unconsented lawsuit 

15 under this chapter, or otherwise restricts, expands, 

16 or modifies any sovereign immunity of a State or 

17 local government, or an Indian tribe. 

18 ‘‘SUBCHAPTER E—CHILD SUPPORT 

‘‘Sec. 

‘‘1431. Failure to pay legal child support obligations. 

19 ‘‘§ 1431. Failure to pay legal child support obligations 

20 ‘‘(a) OFFENSE.—Whoever— 

21 ‘‘(1) knowingly fails to pay a support obligation 

22 with respect to a child who resides in another State, 

23 if such obligation has remained unpaid for a period 

24 longer than 1 year, or is greater than $5,000; 


PWALKER on DSK7TPTVN1PROD with BILLS
1003 

•HR 1860 IH

1 ‘‘(2) travels in interstate or foreign commerce 

2 with the intent to evade a support obligation, if such 

3 obligation has remained unpaid for a period longer 

4 than 1 year, or is greater than $5,000; or 

5 ‘‘(3) knowingly fails to pay a support obligation 

6 with respect to a child who resides in another State, 

7 if such obligation has remained unpaid for a period 

8 longer than 2 years, or is greater than $10,000; 

9 shall be punished as provided in subsection (c). 

10 ‘‘(b) PRESUMPTION.—The existence of a support ob11 ligation that was in effect for the time period charged in 

12 the indictment or information creates a rebuttable pre13 sumption that the obligor has the ability to pay the sup14 port obligation for that time period. 

15 ‘‘(c) PUNISHMENT.—The punishment for an offense 

16 under this section is— 

17 ‘‘(1) in the case of a first offense under sub18 section (a)(1), imprisonment for not more than 6 

19 months; and 

20 ‘‘(2) in the case of an offense under paragraph 

21 (2) or (3) of subsection (a), or a second or subse22 quent offense under subsection (a)(1), imprisonment 

23 for not more than 2 years. 


PWALKER on DSK7TPTVN1PROD with BILLS
1004 

•HR 1860 IH

1 ‘‘(d) VENUE.—With respect to an offense under this 

2 section, an action may be inquired of and prosecuted in 

3 a district court of the United States for— 

4 ‘‘(1) the district in which the child who is the 

5 subject of the support obligation involved resided 

6 during a period during which a person described in 

7 subsection (a) (referred to in this subsection as an 

8 ‘obligor’) failed to meet that support obligation; 

9 ‘‘(2) the district in which the obligor resided 

10 during a period described in paragraph (1); or 

11 ‘‘(3) any other district with jurisdiction other12 wise provided for by law. 

13 ‘‘(e) DEFINITIONS.—As used in this section— 

14 ‘‘(1) the term ‘Indian tribe’ has the meaning 

15 given that term in section 102 of the Federally Rec16 ognized Indian Tribe List Act of 1994; and 

17 ‘‘(2) the term ‘support obligation’ means any 

18 amount determined under a court order or an order 

19 of an administrative process pursuant to the law of 

20 a State or of an Indian tribe to be due from a per21 son for the support and maintenance of a child or 

22 of a child and the parent with whom the child is liv23 ing. 

24 ‘‘SUBCHAPTER F—OBSCENITY 

‘‘1441. Mailing obscene or crime-inciting matter. 

‘‘1442. Importation or transportation of obscene matters. 


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1005 

•HR 1860 IH

‘‘1443. Production and transportation of obscene matters for sale or distribution. 

‘‘1444. Engaging in the business of selling or transferring obscene matter. 

‘‘1445. Obscene visual representations of the sexual abuse of children. 

‘‘1446. Presumptions. 

‘‘1447. Transfer of obscene material to minor. 

1 ‘‘§ 1441. Mailing obscene or crime-inciting matter 

2 ‘‘(a) NONMAILABILITY.—The following are non3 mailable matter and shall not be conveyed in the mails 

4 or delivered from any post office or by any letter carrier: 

5 ‘‘(1) Every obscene, lewd, lascivious, indecent, 

6 filthy or vile article, matter, thing, device, or sub7 stance. 

8 ‘‘(2) Every article or thing designed, adapted, 

9 or intended for producing abortion, or for any inde10 cent or immoral use. 

11 ‘‘(3) Every article, instrument, substance, drug, 

12 medicine, or thing which is advertised or described 

13 in a manner calculated to lead another to use or 

14 apply it for producing abortion, or for any indecent 

15 or immoral purpose. 

16 ‘‘(4) Every written or printed card, letter, cir17 cular, book, pamphlet, advertisement, or notice of 

18 any kind giving information, directly or indirectly, 

19 where, or how, or from whom, or by what means any 

20 of such mentioned matters, articles, or things may 

21 be obtained or made, or where or by whom any act 

22 or operation of any kind for the procuring or proVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01005 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1006 

•HR 1860 IH

1 ducing of abortion will be done or performed, or how 

2 or by what means abortion may be produced, wheth3 er sealed or unsealed. 

4 ‘‘(5) Every paper, writing, advertisement, or 

5 representation that any article, instrument, sub6 stance, drug, medicine, or thing may, or can, be 

7 used or applied for producing abortion, or for any 

8 indecent or immoral purpose. 

9 ‘‘(6) Every description calculated to induce or 

10 incite a person to so use or apply any such article, 

11 instrument, substance, drug, medicine, or thing. 

12 ‘‘(b) OFFENSE.—Whoever knowingly uses the mails 

13 for the mailing, carriage in the mails, or delivery of any14 thing declared by this section or section 3001(e) of title 

15 39 to be nonmailable, or knowingly causes to be delivered 

16 by mail according to the direction thereon, or at the place 

17 at which it is directed to be delivered by the person to 

18 whom it is addressed, or knowingly takes any such thing 

19 from the mails for the purpose of circulating or disposing 

20 thereof, or of aiding in the circulation or disposition there21 of, shall be imprisoned not more than five years, for the 

22 first such offense, and shall be imprisoned not more than 

23 ten years for each such offense thereafter. 


PWALKER on DSK7TPTVN1PROD with BILLS
1007 

•HR 1860 IH

1 ‘‘§ 1442. Importation or transportation of obscene 

2 matters 

3 ‘‘Whoever— 

4 ‘‘(1) brings into the United States, or any place 

5 subject to the jurisdiction thereof, or knowingly uses 

6 any express company or other common carrier or 

7 interactive computer service (as defined in section 

8 230(f)(2) of the Communications Act of 1934), for 

9 carriage in interstate or foreign commerce— 

10 ‘‘(A) any obscene, lewd, lascivious, or filthy 

11 book, pamphlet, picture, motion-picture film, 

12 paper, letter, writing, print, or other matter of 

13 indecent character; 

14 ‘‘(B) any obscene, lewd, lascivious, or filthy 

15 phonograph recording, electrical transcription, 

16 or other article or thing capable of producing 

17 sound; or 

18 ‘‘(C) any drug, medicine, article, or thing 

19 designed, adapted, or intended for producing 

20 abortion, or for any indecent or immoral use; or 

21 any written or printed card, letter, circular, 

22 book, pamphlet, advertisement, or notice of any 

23 kind giving information, directly or indirectly, 

24 where, how, or of whom, or by what means any 

25 of such mentioned articles, matters, or things 

26 may be obtained or made; or 


PWALKER on DSK7TPTVN1PROD with BILLS
1008 

•HR 1860 IH

1 ‘‘(2) knowingly takes or receives, from such ex2 press company or other common carrier or inter3 active computer service (as defined in section 

4 230(f)(2) of the Communications Act of 1934) any 

5 matter or thing the carriage or importation of which 

6 is herein made unlawful; 

7 shall be imprisoned not more than five years for the first 

8 such offense and shall be imprisoned not more than ten 

9 years for each such offense thereafter. 

10 ‘‘§ 1443. Production and transportation of obscene 

11 matters for sale or distribution 

12 ‘‘(a) OFFENSE.—Whoever knowingly produces with 

13 the intent to transport, distribute, or transmit in inter14 state or foreign commerce, or whoever knowingly trans15 ports or travels in, or uses a facility or means of, interstate 

16 or foreign commerce or an interactive computer service (as 

17 defined in section 230(f)(2) of the Communications Act 

18 of 1934) in or affecting such commerce, for the purpose 

19 of sale or distribution, of any obscene, lewd, lascivious, or 

20 filthy book, pamphlet, picture, film, paper, letter, writing, 

21 print, silhouette, drawing, figure, image, cast, phonograph 

22 recording, electrical transcription or other article capable 

23 of producing sound or any other matter of indecent or im24 moral character, shall be imprisoned not more than five 

25 years. 


PWALKER on DSK7TPTVN1PROD with BILLS
1009 

•HR 1860 IH

1 ‘‘(b) PRESUMPTION.—The transportation as afore2 said of two or more copies of any publication or two or 

3 more of any article of the character described above, or 

4 a combined total of five such publications and articles, 

5 shall create a presumption that such publications or arti6 cles are intended for sale or distribution, but such pre7 sumption shall be rebuttable. 

8 ‘‘§ 1444. Engaging in the business of selling or trans9 ferring obscene matter 

10 ‘‘(a) OFFENSE.—Whoever is engaged in the business 

11 of producing with intent to distribute or sell, or selling 

12 or transferring obscene matter, who knowingly receives or 

13 possesses with intent to distribute any obscene book, mag14 azine, picture, paper, film, videotape, or phonograph or 

15 other audio recording, which has been shipped or trans16 ported in interstate or foreign commerce, shall be pun17 ished by imprisonment for not more than 5 years or by 

18 a fine under this title, or both. 

19 ‘‘(b) DEFINITION.—As used in this section, the term 

20 ‘engaged in the business’ means that the person who pro21 duces, sells, or transfers, or offers to sell or transfer ob22 scene matter devotes time, attention, or labor to such ac23 tivities, as a regular course of trade or business, with the 

24 objective of earning a profit, although it is not necessary 

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1010 

•HR 1860 IH

1 ing or transferring or offering to sell or transfer such ma2 terial be the person’s sole or principal business or source 

3 of income. The offering for sale of or to transfer, at one 

4 time, two or more copies of any obscene publication, or 

5 two or more of any obscene article, or a combined total 

6 of five or more such publications and articles, shall create 

7 a rebuttable presumption that the person so offering them 

8 is ‘engaged in the business’ as defined in this subsection. 

9 ‘‘§ 1445. Obscene visual representations of the sexual 

10 abuse of children 

11 ‘‘(a) IN GENERAL.—Whoever, as made applicable by 

12 subsection (d), knowingly produces, distributes, receives, 

13 or possesses with intent to distribute, a visual depiction 

14 of any kind, including a drawing, cartoon, sculpture, or 

15 painting, that— 

16 ‘‘(1)(A) depicts a minor engaging in sexually 

17 explicit conduct; and 

18 ‘‘(B) is obscene; or 

19 ‘‘(2)(A) depicts an image that is, or appears to 

20 be, of a minor engaging in graphic bestiality, sadis21 tic or masochistic abuse, or sexual intercourse, in22 cluding genital-genital, oral-genital, anal-genital, or 

23 oral-anal, whether between persons of the same or 

24 opposite sex; and 


PWALKER on DSK7TPTVN1PROD with BILLS
1011 

•HR 1860 IH

1 ‘‘(B) lacks serious literary, artistic, political, or 

2 scientific value; 

3 shall be subject to the penalties provided in section 

4 223(c)(1), including the penalties provided for cases in5 volving a prior conviction. 

6 ‘‘(b) ADDITIONAL OFFENSES.—Whoever, as made 

7 applicable by subsection (d), knowingly possesses a visual 

8 depiction of any kind, including a drawing, cartoon, sculp9 ture, or painting, that— 

10 ‘‘(1)(A) depicts a minor engaging in sexually 

11 explicit conduct; and 

12 ‘‘(B) is obscene; or 

13 ‘‘(2)(A) depicts an image that is, or appears to 

14 be, of a minor engaging in graphic bestiality, sadis15 tic or masochistic abuse, or sexual intercourse, in16 cluding genital-genital, oral-genital, anal-genital, or 

17 oral-anal, whether between persons of the same or 

18 opposite sex; and 

19 ‘‘(B) lacks serious literary, artistic, political, or 

20 scientific value; 

21 shall be subject to the penalties provided in section 

22 223(c)(2), including the penalties provided for cases in23 volving a prior conviction. 


PWALKER on DSK7TPTVN1PROD with BILLS
1012 

•HR 1860 IH

1 ‘‘(c) NONREQUIRED ELEMENT OF OFFENSE.—It is 

2 not a required element of any offense under this section 

3 that the minor depicted actually exist. 

4 ‘‘(d) APPLICABILITY.—Subsections (a) and (b) apply 

5 if— 

6 ‘‘(1) any communication involved in or made in 

7 furtherance of the offense is communicated or trans8 ported by the mail, or in interstate or foreign com9 merce by any means, including by computer, or any 

10 means or instrumentality of interstate or foreign 

11 commerce is otherwise used in committing or in fur12 therance of the commission of the offense; 

13 ‘‘(2) any communication involved in or made in 

14 furtherance of the offense contemplates the trans15 mission or transportation of a visual depiction by the 

16 mail, or in interstate or foreign commerce by any 

17 means, including by computer; 

18 ‘‘(3) any person travels or is transported in 

19 interstate or foreign commerce in the course of the 

20 commission or in furtherance of the commission of 

21 the offense; 

22 ‘‘(4) any visual depiction involved in the offense 

23 has been mailed, or has been shipped or transported 

24 in interstate or foreign commerce by any means, in25 cluding by computer, or was produced using mateVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01012 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1013 

•HR 1860 IH

1 rials that have been mailed, or that have been 

2 shipped or transported in interstate or foreign com3 merce by any means, including by computer; or 

4 ‘‘(5) the offense is committed in the special 

5 maritime and territorial jurisdiction of the United 

6 States or in any territory or possession of the 

7 United States. 

8 ‘‘(e) AFFIRMATIVE DEFENSE.—It shall be an affirm9 ative defense to a charge of violating subsection (b) that 

10 the defendant— 

11 ‘‘(1) possessed less than 3 such visual depic12 tions; and 

13 ‘‘(2) promptly and in good faith, and without 

14 retaining or allowing any person, other than a law 

15 enforcement agency, to access any such visual depic16 tion— 

17 ‘‘(A) took reasonable steps to destroy each 

18 such visual depiction; or 

19 ‘‘(B) reported the matter to a law enforce20 ment agency and afforded that agency access to 

21 each such visual depiction. 

22 ‘‘(f) DEFINITIONS.—As used in this section— 

23 ‘‘(1) the term ‘visual depiction’ includes unde24 veloped film and videotape, and data stored on a 

25 computer disk or by electronic means which is capaVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01013 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1014 

•HR 1860 IH

1 ble of conversion into a visual image, and also in2 cludes any photograph, film, video, picture, digital 

3 image or picture, computer image or picture, or 

4 computer generated image or picture, whether made 

5 or produced by electronic, mechanical, or other 

6 means; 

7 ‘‘(2) the term ‘sexually explicit conduct’ has the 

8 meaning given the term in section 225(1)(A) or 

9 225(1)(B); and 

10 ‘‘(3) the term ‘graphic’, when used with respect 

11 to a depiction of sexually explicit conduct, means 

12 that a viewer can observe any part of the genitals 

13 or pubic area of any depicted person or animal dur14 ing any part of the time that the sexually explicit 

15 conduct is being depicted. 

16 ‘‘§ 1446. Presumptions 

17 ‘‘(a) INTERSTATE COMMERCE.—In any prosecution 

18 under this subchapter in which an element of the offense 

19 is that the matter in question was transported, shipped, 

20 or carried in interstate commerce, proof, by either cir21 cumstantial or direct evidence, that such matter was pro22 duced or manufactured in one State and is subsequently 

23 located in another State shall raise a rebuttable presump24 tion that such matter was transported, shipped, or carried 

25 in interstate commerce. 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 ‘‘(b) FOREIGN COMMERCE.—In any prosecution 

2 under this subchapter in which an element of the offense 

3 is that the matter in question was transported, shipped, 

4 or carried in foreign commerce, proof, by either cir5 cumstantial or direct evidence, that such matter was pro6 duced or manufactured outside of the United States and 

7 is subsequently located in the United States shall raise 

8 a rebuttable presumption that such matter was trans9 ported, shipped, or carried in foreign commerce. 

10 ‘‘§ 1447. Transfer of obscene material to minor 

11 ‘‘Whoever, using the mail or any facility or means 

12 of interstate or foreign commerce, knowingly transfers ob13 scene matter to another individual who has not attained 

14 the age of 16 years, knowing that such other individual 

15 has not attained the age of 16 years, or attempts to do 

16 so, shall be imprisoned not more than 10 years. 

17 ‘‘SUBCHAPTER G—MONEY LAUNDERING 

‘‘1451. Laundering of monetary instruments. 

‘‘1452. Engaging in monetary transactions in property derived from specified 

unlawful activity. 

‘‘1453. Structuring transactions to evade reporting requirement prohibited. 

‘‘1454. Bulk cash smuggling into or out of the United States. 

18 ‘‘§ 1451. Laundering of monetary instruments 

19 ‘‘(a) OFFENSES.—(1) Whoever, knowing that the 

20 property involved in a financial transaction represents the 

21 proceeds of some form of unlawful activity, conducts or 

22 attempts to conduct such a financial transaction which in 

23 fact involves the proceeds of specified unlawful activity— 


PWALKER on DSK7TPTVN1PROD with BILLS
1016 

•HR 1860 IH

1 ‘‘(A)(i) with the intent to promote the carrying 

2 on of specified unlawful activity; or 

3 ‘‘(ii) with intent to engage in conduct consti4 tuting a violation of section 7201 or 7206 of the In5 ternal Revenue Code of 1986; or 

6 ‘‘(B) knowing that the transaction is designed 

7 in whole or in part— 

8 ‘‘(i) to conceal or disguise the nature, the 

9 location, the source, the ownership, or the con10 trol of the proceeds of specified unlawful activ11 ity; or 

12 ‘‘(ii) to avoid a transaction reporting re13 quirement under State or Federal law, 

14 shall be sentenced to a fine of not more than $500,000 

15 or twice the value of the property involved in the trans16 action, whichever is greater, or imprisonment for not more 

17 than twenty years, or both. For purposes of this para18 graph, a financial transaction shall be considered to be 

19 one involving the proceeds of specified unlawful activity 

20 if it is part of a set of parallel or dependent transactions, 

21 any one of which involves the proceeds of specified unlaw22 ful activity, and all of which are part of a single plan or 

23 arrangement. 

24 ‘‘(2) Whoever transports, transmits, or transfers, or 

25 attempts to transport, transmit, or transfer a monetary 


PWALKER on DSK7TPTVN1PROD with BILLS
1017 

•HR 1860 IH

1 instrument or funds from a place in the United States 

2 to or through a place outside the United States or to a 

3 place in the United States from or through a place outside 

4 the United States— 

5 ‘‘(A) with the intent to promote the carrying on 

6 of specified unlawful activity; or 

7 ‘‘(B) knowing that the monetary instrument or 

8 funds involved in the transportation, transmission, 

9 or transfer represent the proceeds of some form of 

10 unlawful activity and knowing that such transpor11 tation, transmission, or transfer is designed in whole 

12 or in part— 

13 ‘‘(i) to conceal or disguise the nature, the 

14 location, the source, the ownership, or the con15 trol of the proceeds of specified unlawful activ16 ity; or 

17 ‘‘(ii) to avoid a transaction reporting re18 quirement under State or Federal law, 

19 shall be sentenced to a fine of not more than $500,000 

20 or twice the value of the monetary instrument or funds 

21 involved in the transportation, transmission, or transfer, 

22 whichever is greater, or imprisonment for not more than 

23 twenty years, or both. For the purpose of the offense de24 scribed in subparagraph (B), the defendant’s knowledge 

25 may be established by proof that a law enforcement officer 


PWALKER on DSK7TPTVN1PROD with BILLS
1018 

•HR 1860 IH

1 represented the matter specified in subparagraph (B) as 

2 true, and the defendant’s subsequent statements or ac3 tions indicate that the defendant believed such representa4 tions to be true. 

5 ‘‘(3) Whoever, with the intent— 

6 ‘‘(A) to promote the carrying on of specified un7 lawful activity; 

8 ‘‘(B) to conceal or disguise the nature, location, 

9 source, ownership, or control of property believed to 

10 be the proceeds of specified unlawful activity; or 

11 ‘‘(C) to avoid a transaction reporting require12 ment under State or Federal law, 

13 conducts or attempts to conduct a financial transaction 

14 involving property represented to be the proceeds of speci15 fied unlawful activity, or property used to conduct or fa16 cilitate specified unlawful activity, shall be imprisoned for 

17 not more than 20 years. For purposes of this paragraph 

18 and paragraph (2), the term ‘represented’ means any rep19 resentation made by a law enforcement officer or by an20 other person at the direction of, or with the approval of, 

21 a Federal official authorized to investigate or prosecute 

22 violations of this section. 

23 ‘‘(b) PENALTIES AND CIVIL REMEDIES.— 

24 ‘‘(1) CRIMINAL.— 


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1 ‘‘(A) GENERALLY.—Whoever conducts or 

2 attempts to conduct a transaction described in 

3 subsection (a)(1) or (a)(3), or section 1452, or 

4 a transportation, transmission, or transfer de5 scribed in subsection (a)(2), is liable to the 

6 United States for a civil penalty of not more 

7 than the greater of— 

8 ‘‘(i) the value of the property, funds, 

9 or monetary instruments involved in the 

10 transaction; or 

11 ‘‘(ii) $10,000. 

12 ‘‘(B) ALTERNATIVE PUNISHMENT FOR

13 CERTAIN OFFENSES.—If the offense under this 

14 section involves a pre-retail medical product (as 

15 defined in section 657), it shall be punished 

16 under section 657 unless the penalties provided 

17 forthe offense under this section are greater. 

18 ‘‘(2) JURISDICTION OVER FOREIGN PERSONS.— 

19 For purposes of adjudicating an action filed or en20 forcing a penalty ordered under this section, the dis21 trict courts shall have jurisdiction over any foreign 

22 person, including any financial institution authorized 

23 under the laws of a foreign country, against whom 

24 the action is brought, if service of process upon the 

25 foreign person is made under the Federal Rules of 


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1 Civil Procedure or the laws of the country in which 

2 the foreign person is found, and— 

3 ‘‘(A) the foreign person commits an offense 

4 under subsection (a) involving a financial trans5 action that occurs in whole or in part in the 

6 United States; 

7 ‘‘(B) the foreign person converts, to his or 

8 her own use, property in which the United 

9 States has an ownership interest by virtue of 

10 the entry of an order of forfeiture by a court 

11 of the United States; or 

12 ‘‘(C) the foreign person is a financial insti13 tution that maintains a bank account at a fi14 nancial institution in the United States. 

15 ‘‘(3) COURT AUTHORITY OVER ASSETS.—A 

16 court may issue a pretrial restraining order or take 

17 any other action necessary to ensure that any bank 

18 account or other property held by the defendant in 

19 the United States is available to satisfy a judgment 

20 under this section. 

21 ‘‘(4) FEDERAL RECEIVER.— 

22 ‘‘(A) IN GENERAL.—A court may appoint 

23 a Federal Receiver, in accordance with subpara24 graph (B) of this paragraph, to collect, mar25 shal, and take custody, control, and possession 


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1 of all assets of the defendant, wherever located, 

2 to satisfy a civil judgment under this sub3 section, a forfeiture judgment under chapter 50, 

4 or a criminal sentence under section 1452 or 

5 subsection (a) of this section, including an 

6 order of restitution to any victim of a specified 

7 unlawful activity. 

8 ‘‘(B) APPOINTMENT AND AUTHORITY.—A 

9 Federal Receiver described in subparagraph 

10 (A)— 

11 ‘‘(i) may be appointed upon applica12 tion of a Federal prosecutor or a Federal 

13 or State regulator, by the court having ju14 risdiction over the defendant in the case; 

15 ‘‘(ii) shall be an officer of the court, 

16 and the powers of the Federal Receiver 

17 shall include the powers set out in section 

18 754 of title 28; and 

19 ‘‘(iii) shall have standing equivalent to 

20 that of a Federal prosecutor for the pur21 pose of submitting requests to obtain infor22 mation regarding the assets of the defend23 ant— 


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1 ‘‘(I) from the Financial Crimes 

2 Enforcement Network of the Depart3 ment of the Treasury; or 

4 ‘‘(II) from a foreign country pur5 suant to a mutual legal assistance 

6 treaty, multilateral agreement, or 

7 other arrangement for international 

8 law enforcement assistance, provided 

9 that such requests are in accordance 

10 with the policies and procedures of the 

11 Attorney General. 

12 ‘‘(c) DEFINITIONS.—As used in this section— 

13 ‘‘(1) the term ‘knowing that the property in14 volved in a financial transaction represents the pro15 ceeds of some form of unlawful activity’ means that 

16 the person knew the property involved in the trans17 action represented proceeds from some form, though 

18 not necessarily which form, of activity that con19 stitutes a felony under State, Federal, or foreign 

20 law, regardless of whether or not such activity is 

21 specified in paragraph (7); 

22 ‘‘(2) the term ‘conducts’ includes initiating, 

23 concluding, or participating in initiating, or con24 cluding a transaction; 


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1 ‘‘(3) the term ‘transaction’ includes a purchase, 

2 sale, loan, pledge, gift, transfer, delivery, or other 

3 disposition, and with respect to a financial institu4 tion includes a deposit, withdrawal, transfer between 

5 accounts, exchange of currency, loan, extension of 

6 credit, purchase or sale of any stock, bond, certifi7 cate of deposit, or other monetary instrument, use of 

8 a safe deposit box, or any other payment, transfer, 

9 or delivery by, through, or to a financial institution, 

10 by whatever means effected; 

11 ‘‘(4) the term ‘financial transaction’ means (A) 

12 a transaction which in any way or degree affects 

13 interstate or foreign commerce (i) involving the 

14 movement of funds by wire or other means or (ii) in15 volving one or more monetary instruments, or (iii) 

16 involving the transfer of title to any real property, 

17 vehicle, vessel, or aircraft, or (B) a transaction in18 volving the use of a financial institution which is en19 gaged in, or the activities of which affect, interstate 

20 or foreign commerce in any way or degree; 

21 ‘‘(5) the term ‘monetary instruments’ means (i) 

22 coin or currency of the United States or of any other 

23 country, travelers’ checks, personal checks, bank 

24 checks, and money orders, or (ii) investment securi25 ties or negotiable instruments, in bearer form or 


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1 otherwise in such form that title thereto passes upon 

2 delivery; 

3 ‘‘(6) the term ‘financial institution’ means— 

4 ‘‘(A) any financial institution, as defined in 

5 section 5312(a)(2) of title 31, or regulations 

6 under such section; or 

7 ‘‘(B) any foreign bank, as defined in sec8 tion 1 of the International Banking Act of 

9 1978; 

10 ‘‘(7) the term ‘specified unlawful activity’ 

11 means— 

12 ‘‘(A) any act or activity constituting an of13 fense listed in section 511(1) except an act 

14 which is indictable under subchapter II of chap15 ter 53 of title 31; 

16 ‘‘(B) with respect to a financial transaction 

17 occurring in whole or in part in the United 

18 States, an offense against a foreign nation in19 volving— 

20 ‘‘(i) the manufacture, importation, 

21 sale, or distribution of a controlled sub22 stance; 

23 ‘‘(ii) murder, kidnapping, robbery, ex24 tortion, destruction of property by means 

25 of explosive or fire, or a crime of violence; 


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1 ‘‘(iii) fraud, or any scheme or attempt 

2 to defraud, by or against a foreign bank 

3 (as defined in paragraph 7 of section 1(b) 

4 of the International Banking Act of 1978); 

5 ‘‘(iv) bribery of a public official, or 

6 the misappropriation, theft, or embezzle7 ment of public funds by or for the benefit 

8 of a public official; 

9 ‘‘(v) smuggling or export control viola10 tions involving— 

11 ‘‘(I) an item controlled on the 

12 United States Munitions List estab13 lished under section 38 of the Arms 

14 Export Control Act; or 

15 ‘‘(II) an item controlled under 

16 regulations under the Export Admin17 istration Regulations (15 C.F.R. 

18 Parts 730–774); or 

19 ‘‘(vi) an offense with respect to which 

20 the United States would be obligated by a 

21 multilateral treaty, either to extradite the 

22 alleged offender or to submit the case for 

23 prosecution, if the offender were found 

24 within the territory of the United States; 

25 or 


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1 ‘‘(vii) trafficking in persons, selling or 

2 buying of children, sexual exploration or 

3 children, or transporting, recruiting or har4 boring a person, including a child, for com5 mercial sex acts; 

6 ‘‘(C) any act or acts constituting a con7 tinuing criminal enterprise, as that term is de8 fined in section 413; 

9 ‘‘(D) an offense under section 1301 (relat10 ing to the destruction of aircraft), section 1305 

11 (relating to violence at international airports), 

12 section 131 (relating to influencing, impeding, 

13 or retaliating against a Federal official by 

14 threatening or injuring a family member), sec15 tion 871 (relating to concealment of assets; 

16 false oaths and claims; bribery), section 624 

17 (relating to the variola virus), section 1003 (re18 lating to commissions or gifts for procuring 

19 loans), section 711 (relating to money orders), 

20 section 712 (relating to postage stamps, post21 age meter stamps, and postal cards), section 

22 718 (relating to securities of States and private 

23 entities), section 861 (relating to entry of goods 

24 falsely classified), section 862 (relating to entry 

25 of goods by means of false statements), section 


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1 863 (relating to smuggling goods into the 

2 United States), section 865 (relating to remov3 ing goods from customs custody; breaking 

4 seals), section 867 (relating to smuggling goods 

5 from the United States), section 868 (relating 

6 to border tunnels and passages), section 641 

7 (relating to public money, property, or records), 

8 section 644 (relating to theft, embezzlement, or 

9 misapplication by bank officer or employee), 

10 section 645 (relating to lending, credit, and in11 surance institutions), section 646 (relating to 

12 property mortgaged or pledged to farm credit 

13 agencies), section 654 (relating to theft or brib14 ery concerning programs receiving Federal 

15 funds), section 301, 302, or 303 (relating to es16 pionage and censorship), section 601 (relating 

17 to prohibited transactions involving nuclear ma18 terials), section 614 (f) or (i) (relating to de19 struction by explosives or fire of Government 

20 property or property affecting interstate or for21 eign commerce), section 144 (relating to com22 munication of ransom demands and other 

23 threatening communications in or affecting 

24 commerce), section 582(1) (relating to the un25 lawful importation of firearms), section 584(n) 


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1 (relating to firearms trafficking), section 924 

2 (relating to conspiracy to kill, kidnap, maim, or 

3 injure certain property in a foreign country), 

4 section 773 (relating to fraudulent bank en5 tries), section 774 (relating to fraudulent Fed6 eral credit institution entries), section 775 (re7 lating to Federal Deposit Insurance Corpora8 tion transactions), section 779 (relating to 

9 fraudulent loan or credit applications), section 

10 787 (relating to computer fraud and abuse), 

11 section 789 (relating to concealment of assets 

12 from conservator, receiver, or liquidating agent 

13 of financial institution), section 102 (relating to 

14 Federally punishable homicides), section 121 

15 (relating to kidnapping), section 123 (relating 

16 to hostage taking), section 1201 (relating to 

17 Government property or contracts), section 

18 1203 (relating to buildings or property within 

19 the special maritime and territorial jurisdic20 tion), section 947 (relating to theft or receipt of 

21 stolen mail matter generally), section 143 (re22 lating to bank robbery and incidental crimes), 

23 section 223 (relating to certain activities relat24 ing to material involving the sexual exploitation 

25 of children and child pornography) where the 


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1 child pornography contains a visual depiction of 

2 an actual minor engaging in sexually explicit 

3 conduct, section 1345 (relating to violence 

4 against maritime navigation), section 676 (re5 lating to criminal infringement of a copyright), 

6 section 680 (relating to trafficking in counter7 feit goods and services), section 271 (relating to 

8 weapons of mass destruction, and explosives 

9 and other lethal devices), section 272 (relating 

10 to atomic weapons), section 273 (relating to 

11 acts of terrorism transcending national bound12 aries), section 275 (relating to missile systems 

13 designed to destroy aircraft), section 276 (relat14 ing to radiological dispersal devices), section 

15 278 or 279 (relating to providing material sup16 port to terrorists), section 280 (relating to pro17 hibitions against the financing of terrorism), 

18 section 281 (relating to receiving military-type 

19 training from a foreign terrorist organization), 

20 section 414 (relating to drug paraphernalia), or 

21 section 1307 (relating to aircraft piracy) of this 

22 title, a felony violation of the Chemical Diver23 sion and Trafficking Act of 1988 (relating to 

24 precursor and essential chemicals), section 590 

25 of the Tariff Act of 1930 (relating to aviation 


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1 smuggling), section 38(c) (relating to criminal 

2 violations) of the Arms Export Control Act, sec3 tion 11 (relating to violations) of the Export 

4 Administration Act of 1979, section 206 (relat5 ing to penalties) of the International Emer6 gency Economic Powers Act, section 16 (relat7 ing to offenses and punishment) of the Trading 

8 with the Enemy Act, any felony violation of sec9 tion 15 of the Food and Nutrition Act of 2008 

10 (relating to violations and enforcement) involv11 ing a quantity of benefits having a value of not 

12 less than $5,000, any violation of section 

13 543(a)(1) of the Housing Act of 1949 (relating 

14 to equity skimming), any felony violation of the 

15 Foreign Agents Registration Act of 1938, or 

16 any felony violation of the Foreign Corrupt 

17 Practices Act; 

18 ‘‘(E) a felony violation of the Federal 

19 Water Pollution Control Act, the Ocean Dump20 ing Act, the Act to Prevent Pollution from 

21 Ships, the Safe Drinking Water Act, or the Re22 sources Conservation and Recovery Act; or 

23 ‘‘(F) any act or activity constituting an of24 fense involving a Federal health care offense; 

25 and 


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1 ‘‘(8) the term ‘proceeds’ means any property 

2 derived from or obtained or retained, directly or in3 directly, through some form of unlawful activity, in4 cluding the gross receipts of such activity. 

5 ‘‘(d) EXTRATERRITORIAL JURISDICTION.—There is 

6 extraterritorial jurisdiction over the an offense under this 

7 section if— 

8 ‘‘(1) the conduct is by a United States citizen 

9 or, in the case of a non-United States citizen, the 

10 conduct occurs in part in the United States; and 

11 ‘‘(2) the transaction or series of related trans12 actions involves funds or monetary instruments of a 

13 value exceeding $10,000. 

14 ‘‘(e) NOTICE OF CONVICTION OF FINANCIAL INSTI15 TUTIONS.—If any financial institution or any officer, di16 rector, or employee of any financial institution has been 

17 found guilty of an offense under this section, section 1452 

18 or 508, or section 5322 or 5324 of title 31, the Attorney 

19 General shall provide written notice of such fact to the 

20 appropriate regulatory agency for the financial institution. 

21 ‘‘(f) VENUE.—(1) Except as provided in paragraph 

22 (2), a prosecution for an offense under this section or sec23 tion 1452 may be brought in— 

24 ‘‘(A) any district in which the financial or mon25 etary transaction is conducted; or 


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1 ‘‘(B) any district where a prosecution for the 

2 underlying specified unlawful activity could be 

3 brought, if the defendant participated in the transfer 

4 of the proceeds of the specified unlawful activity 

5 from that district to the district where the financial 

6 or monetary transaction is conducted. 

7 ‘‘(2) A prosecution for an attempt or conspiracy of8 fense under this section or section 1957 may be brought 

9 in the district where venue would lie for the completed of10 fense under paragraph (1), or in any other district where 

11 an act in furtherance of the attempt or conspiracy took 

12 place. 

13 ‘‘(3) For purposes of this section, a transfer of funds 

14 from 1 place to another, by wire or any other means, shall 

15 constitute a single, continuing transaction. Any person 

16 who conducts (as that term is defined in subsection (c)(2)) 

17 any portion of the transaction may be charged in any dis18 trict in which the transaction takes place. 

19 ‘‘§ 1452. Engaging in monetary transactions in prop20 erty derived from specified unlawful ac21 tivity 

22 ‘‘(a) ELEMENTS OF OFFENSE.—Whoever, as made 

23 applicable by subsection (d), knowingly engages or at24 tempts to engage in a monetary transaction in criminally 

25 derived property of a value greater than $10,000 and is 


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1 derived from specified unlawful activity, shall be punished 

2 as provided in subsection (b). 

3 ‘‘(b) PUNISHMENT.—(1) Except as provided in para4 graph (2), the punishment for an offense under this sec5 tion is imprisonment for not more than ten years. 

6 ‘‘(2) The court may impose an alternate fine to that 

7 imposable under paragraph (1) of not more than twice the 

8 amount of the criminally derived property involved in the 

9 transaction. 

10 ‘‘(c) PROOF.—In a prosecution for an offense under 

11 this section, the Government is not required to prove the 

12 defendant knew that the offense from which the criminally 

13 derived property was derived was specified unlawful activ14 ity. 

15 ‘‘(d) APPLICABILITY.—Subsection (a) applies if— 

16 ‘‘(1) that the offense under this section takes 

17 place in the United States or in the special maritime 

18 and territorial jurisdiction of the United States; or 

19 ‘‘(2) that the offense under this section takes 

20 place outside the United States and such special ju21 risdiction, but the defendant is a United States per22 son (as defined in section 3077, but excluding the 

23 class described in paragraph (2)(D) of such section). 

24 ‘‘(e) INVESTIGATIVE AUTHORITY.—Violations of this 

25 section may be investigated by such components of the DeVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01033 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 partment of Justice as the Attorney General may direct, 

2 and by such components of the Department of the Treas3 ury as the Secretary of the Treasury may direct, as appro4 priate, and, with respect to offenses over which the De5 partment of Homeland Security has jurisdiction, by such 

6 components of the Department of Homeland Security as 

7 the Secretary of Homeland Security may direct, and, with 

8 respect to offenses over which the United States Postal 

9 Service has jurisdiction, by the Postal Service. Such au10 thority of the Secretary of the Treasury, the Secretary of 

11 Homeland Security, and the Postal Service shall be exer12 cised in accordance with an agreement which shall be en13 tered into by the Secretary of the Treasury, the Secretary 

14 of Homeland Security, the Postal Service, and the Attor15 ney General. 

16 ‘‘(f) DEFINITIONS.—As used in this section— 

17 ‘‘(1) the term ‘monetary transaction’ means the 

18 deposit, withdrawal, transfer, or exchange, in or af19 fecting interstate or foreign commerce, of funds or 

20 a monetary instrument (as defined in section 

21 1451(c)(5)) by, through, or to a financial institution 

22 (as defined in section 1451), including any trans23 action that would be a financial transaction under 

24 section 1451(c)(4)(B), but such term does not in25 clude any transaction necessary to preserve a perVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01034 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 son’s right to representation as guaranteed by the 

2 sixth amendment to the Constitution; 

3 ‘‘(2) the term ‘criminally derived property’ 

4 means any property constituting, or derived from, 

5 proceeds obtained from a criminal offense; and 

6 ‘‘(3) the terms ‘specified unlawful activity’ and 

7 ‘proceeds’ shall have the meaning given those terms 

8 in section 1451. 

9 ‘‘§ 1453. Structuring transactions to evade reporting 

10 requirement prohibited 

11 ‘‘(a) DOMESTIC COIN AND CURRENCY TRANS12 ACTIONS INVOLVING FINANCIAL INSTITUTIONS.—No per13 son shall, for the purpose of evading the reporting require14 ments of section 5313(a) or 5325 of title 31 or any regula15 tion prescribed under any such section, the reporting or 

16 recordkeeping requirements imposed by any order issued 

17 under section 5326 of that title, or the recordkeeping re18 quirements imposed by any regulation prescribed under 

19 section 21 of the Federal Deposit Insurance Act or section 

20 123 of Public Law 91–508— 

21 ‘‘(1) cause or attempt to cause a domestic fi22 nancial institution to fail to file a report required 

23 under section 5313(a) or 5325 of title 31 or any 

24 regulation prescribed under any such section, to file 

25 a report or to maintain a record required by an 


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1 order issued under section 5326 of title 31, or to 

2 maintain a record required pursuant to any regula3 tion prescribed under section 21 of the Federal De4 posit Insurance Act or section 123 of Public Law 

5 91–508; 

6 ‘‘(2) cause or attempt to cause a domestic fi7 nancial institution to file a report required under 

8 section 5313(a) or 5325 of title 31 or any regulation 

9 prescribed under any such section, to file a report or 

10 to maintain a record required by any order issued 

11 under section 5326 of title 31, or to maintain a 

12 record required pursuant to any regulation pre13 scribed under section 5326 of title 31, or to main14 tain a record required pursuant to any regulation 

15 prescribed under section 21 of the Federal Deposit 

16 Insurance Act or section 123 of Public Law 91–508, 

17 that contains a material omission or misstatement of 

18 fact; or 

19 ‘‘(3) structure or assist in structuring, or at20 tempt to structure or assist in structuring, any 

21 transaction with one or more domestic financial in22 stitutions. 

23 ‘‘(b) DOMESTIC COIN AND CURRENCY TRANS24 ACTIONS INVOLVING NONFINANCIAL TRADES OR BUSI25 NESSES.—No person shall, for the purpose of evading the 


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1 report requirements of section 5331 of title 31 or any reg2 ulation prescribed under such section— 

3 ‘‘(1) cause or attempt to cause a nonfinancial 

4 trade or business to fail to file a report required 

5 under section 5331 of title 31 or any regulation pre6 scribed under such section; 

7 ‘‘(2) cause or attempt to cause a nonfinancial 

8 trade or business to file a report required under sec9 tion 5331 of title 31 or any regulation prescribed 

10 under such section that contains a material omission 

11 or misstatement of fact; or 

12 ‘‘(3) structure or assist in structuring, or at13 tempt to structure or assist in structuring, any 

14 transaction with 1 or more nonfinancial trades or 

15 businesses. 

16 ‘‘(c) INTERNATIONAL MONETARY INSTRUMENT

17 TRANSACTIONS.—No person shall, for the purpose of 

18 evading the reporting requirements of section 5316 of title 

19 31— 

20 ‘‘(1) fail to file a report required by section 

21 5316 of title 31, or cause or attempt to cause a per22 son to fail to file such a report; 

23 ‘‘(2) file or cause or attempt to cause a person 

24 to file a report required under section 5316 of title 


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1 31 that contains a material omission or 

2 misstatement of fact; or 

3 ‘‘(3) structure or assist in structuring, or at4 tempt to structure or assist in structuring, any im5 portation or exportation of monetary instruments. 

6 ‘‘(d) CRIMINAL PENALTY.— 

7 ‘‘(1) IN GENERAL.—Whoever violates this sec8 tion shall be imprisoned for not more than 5 years. 

9 ‘‘(2) ENHANCED PENALTY FOR AGGRAVATED

10 CASES.—Whoever violates this section while violating 

11 another law of the United States or as part of a pat12 tern of any illegal activity involving more than 

13 $100,000 in a 12-month period shall be imprisoned 

14 for not more than 10 years. 

15 ‘‘§ 1454. Bulk cash smuggling into or out of the 

16 United States 

17 ‘‘(a) CRIMINAL OFFENSE.— 

18 ‘‘(1) IN GENERAL.—Whoever, with the intent to 

19 evade a currency reporting requirement under sec20 tion 5316 of title 31, knowingly conceals more than 

21 $10,000 in currency or other monetary instruments 

22 on the person of such individual or in any convey23 ance, article of luggage, merchandise, or other con24 tainer, and transports or transfers or attempts to 

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1 struments from a place within the United States to 

2 a place outside of the United States, or from a place 

3 outside the United States to a place within the 

4 United States, shall be guilty of a currency smug5 gling offense and imprisoned for not more than 5 

6 years. 

7 ‘‘(2) CONCEALMENT ON PERSON.—For pur8 poses of this section, the concealment of currency on 

9 the person of any individual includes concealment in 

10 any article of clothing worn by the individual or in 

11 any luggage, backpack, or other container worn or 

12 carried by such individual. 

13 ‘‘CHAPTER 37—PRIVACY 

‘‘Subchapter 

‘‘A. Privacy 

‘‘B. Wire and electronic communications interception and interception of oral 

communications 

‘‘C. Stored wire and electronic communications and transactional records access 

‘‘D. Prohibition on release and use of certain personal information from State 

motor vehicle records 

‘‘E. Identity theft 

14 ‘‘SUBCHAPTER A—PRIVACY 

‘‘Sec. 

‘‘1481. Video voyeurism. 

15 ‘‘§ 1481. Video voyeurism 

16 ‘‘(a) OFFENSE.—Whoever, in the special maritime 

17 and territorial jurisdiction of the United States, has the 

18 intent to capture an image of a private area of an indi19 vidual without their consent, and knowingly does so under 

20 circumstances in which the individual has a reasonable exVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01039 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 pectation of privacy, shall be imprisoned not more than 

2 one year. 

3 ‘‘(b) DEFINITIONS FOR SECTION.—As used in this 

4 section— 

5 ‘‘(1) the term ‘capture’, with respect to an 

6 image, means to videotape, photograph, film, record 

7 by any means, or broadcast; 

8 ‘‘(2) the term ‘broadcast’ means to electroni9 cally transmit a visual image with the intent that it 

10 be viewed by a person or persons; 

11 ‘‘(3) the term ‘a private area of the individual’ 

12 means the naked or undergarment clad genitals, 

13 pubic area, buttocks, or female breast of that indi14 vidual; 

15 ‘‘(4) the term ‘female breast’ means any portion 

16 of the female breast below the top of the areola; and 

17 ‘‘(5) the term ‘under circumstances in which 

18 that individual has a reasonable expectation of pri19 vacy’ means— 

20 ‘‘(A) circumstances in which a reasonable 

21 person would believe that he or she could dis22 robe in privacy, without being concerned that 

23 an image of a private area of the individual was 

24 being captured; or 


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1 ‘‘(B) circumstances in which a reasonable 

2 person would believe that a private area of the 

3 individual would not be visible to the public, re4 gardless of whether that person is in a public 

5 or private place. 

6 ‘‘(c) EXCLUSION.—This section does not prohibit any 

7 lawful law enforcement, correctional, or intelligence activ8 ity. 

9 ‘‘SUBCHAPTER B—WIRE AND ELECTRONIC 

10 COMMUNICATIONS INTERCEPTION AND 

11 INTERCEPTION OF ORAL COMMUNICATIONS 

‘‘1491. Definitions. 

‘‘1492. Interception and disclosure of wire, oral, or electronic communications 

prohibited. 

‘‘1493. Manufacture, distribution, possession, and advertising of wire, oral, or 

electronic communication intercepting devices prohibited. 

‘‘1494. Confiscation of wire, oral, or electronic communication intercepting devices. 

12 ‘‘§ 1491. Definitions 

13 ‘‘As used in this subchapter— 

14 ‘‘(1) the term ‘wire communication’ means any 

15 aural transfer made in whole or in part through the 

16 use of facilities for the transmission of communica17 tions by the aid of wire, cable, or other like connec18 tion between the point of origin and the point of re19 ception (including the use of such connection in a 

20 switching station) furnished or operated by any per21 son engaged in providing or operating such facilities 

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1 nications or communications affecting interstate or 

2 foreign commerce; 

3 ‘‘(2) the term ‘oral communication’ means any 

4 oral communication uttered by a person exhibiting 

5 an expectation that such communication is not sub6 ject to interception under circumstances justifying 

7 such expectation, but such term does not include any 

8 electronic communication; 

9 ‘‘(3) the term ‘intercept’ means the aural or 

10 other acquisition of the contents of any wire, elec11 tronic, or oral communication through the use of 

12 any electronic, mechanical, or other device; 

13 ‘‘(4) the term ‘electronic, mechanical, or other 

14 device’ means any device or apparatus which can be 

15 used to intercept a wire, oral, or electronic commu16 nication other than— 

17 ‘‘(A) any telephone or telegraph instru18 ment, equipment or facility, or any component 

19 thereof, (i) furnished to the subscriber or user 

20 by a provider of wire or electronic communica21 tion service in the ordinary course of its busi22 ness and being used by the subscriber or user 

23 in the ordinary course of its business or fur24 nished by such subscriber or user for connection 

25 to the facilities of such service and used in the 


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•HR 1860 IH

1 ordinary course of its business; or (ii) being 

2 used by a provider of wire or electronic commu3 nication service in the ordinary course of its 

4 business, or by an investigative or law enforce5 ment officer in the ordinary course of his du6 ties; 

7 ‘‘(B) a hearing aid or similar device being 

8 used to correct subnormal hearing to not better 

9 than normal; 

10 ‘‘(5) the term ‘Investigative or law enforcement 

11 officer’ means any officer of the United States or of 

12 a State or political subdivision thereof, who is em13 powered by law to conduct investigations of or to 

14 make arrests for offenses enumerated in this chap15 ter, and any attorney authorized by law to prosecute 

16 or participate in the prosecution of such offenses; 

17 ‘‘(6) the term ‘contents’, when used with re18 spect to any wire, oral, or electronic communication, 

19 includes any information concerning the substance, 

20 purport, or meaning of that communication; 

21 ‘‘(7) the term ‘Judge of competent jurisdiction’ 

22 means— 

23 ‘‘(A) a judge of a United States district 

24 court or a United States court of appeals; and 


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1 ‘‘(B) a judge of any court of general crimi2 nal jurisdiction of a State who is authorized by 

3 a statute of that State to enter orders author4 izing interceptions of wire, oral, or electronic 

5 communications; 

6 ‘‘(8) the term ‘communication common carrier’ 

7 has the meaning given that term in section 3 of the 

8 Communications Act of 1934; 

9 ‘‘(9) the term ‘aggrieved person’ means a per10 son who was a party to any intercepted wire, oral, 

11 or electronic communication or a person against 

12 whom the interception was directed; 

13 ‘‘(10) the term ‘electronic communication’ 

14 means any transfer of signs, signals, writing, im15 ages, sounds, data, or intelligence of any nature 

16 transmitted in whole or in part by a wire, radio, 

17 electromagnetic, photoelectronic or photooptical sys18 tem that affects interstate or foreign commerce, but 

19 does not include— 

20 ‘‘(A) any wire or oral communication; 

21 ‘‘(B) any communication made through a 

22 tone-only paging device; 

23 ‘‘(C) any communication from a tracking 

24 device (as defined in section 3117); or 


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1 ‘‘(D) electronic funds transfer information 

2 stored by a financial institution in a commu3 nications system used for the electronic storage 

4 and transfer of funds; 

5 ‘‘(11) the term ‘user’ means any person or enti6 ty who— 

7 ‘‘(A) uses an electronic communication 

8 service; and 

9 ‘‘(B) is duly authorized by the provider of 

10 such service to engage in such use; 

11 ‘‘(12) the term ‘electronic communications sys12 tem’ means any wire, radio, electromagnetic, 

13 photooptical or photoelectronic facilities for the 

14 transmission of wire or electronic communications, 

15 and any computer facilities or related electronic 

16 equipment for the electronic storage of such commu17 nications; 

18 ‘‘(13) the term ‘electronic communication serv19 ice’ means any service which provides to users there20 of the ability to send or receive wire or electronic 

21 communications; 

22 ‘‘(14) the term ‘readily accessible to the general 

23 public’ means, with respect to a radio communica24 tion, that such communication is not— 

25 ‘‘(A) scrambled or encrypted; 


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1 ‘‘(B) transmitted using modulation tech2 niques whose essential parameters have been 

3 withheld from the public with the intention of 

4 preserving the privacy of such communication; 

5 ‘‘(C) carried on a subcarrier or other sig6 nal subsidiary to a radio transmission; 

7 ‘‘(D) transmitted over a communication 

8 system provided by a common carrier, unless 

9 the communication is a tone only paging system 

10 communication; or 

11 ‘‘(E) transmitted on frequencies allocated 

12 under part 25, subpart D, E, or F of part 74, 

13 or part 94 of the Rules of the Federal Commu14 nications Commission, unless, in the case of a 

15 communication transmitted on a frequency allo16 cated under part 74 that is not exclusively allo17 cated to broadcast auxiliary services, the com18 munication is a two-way voice communication 

19 by radio; 

20 ‘‘(15) the term ‘electronic storage’ means— 

21 ‘‘(A) any temporary, intermediate storage 

22 of a wire or electronic communication incidental 

23 to the electronic transmission thereof; and 

24 ‘‘(B) any storage of such communication 

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1 poses of backup protection of such communica2 tion; 

3 ‘‘(16) the term ‘aural transfer’ means a trans4 fer containing the human voice at any point between 

5 and including the point of origin and the point of re6 ception; 

7 ‘‘(17) the term ‘foreign intelligence informa8 tion’, for purposes of section 3119B(f), means— 

9 ‘‘(A) information, whether or not con10 cerning a United States person, that relates to 

11 the ability of the United States to protect 

12 against— 

13 ‘‘(i) actual or potential attack or other 

14 grave hostile acts of a foreign power or an 

15 agent of a foreign power; 

16 ‘‘(ii) sabotage or international ter17 rorism by a foreign power or an agent of 

18 a foreign power; or 

19 ‘‘(iii) clandestine intelligence activities 

20 by an intelligence service or network of a 

21 foreign power or by an agent of a foreign 

22 power; or 

23 ‘‘(B) information, whether or not con24 cerning a United States person, with respect to 


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•HR 1860 IH

1 a foreign power or foreign territory that relates 

2 to— 

3 ‘‘(i) the national defense or the secu4 rity of the United States; or 

5 ‘‘(ii) the conduct of the foreign affairs 

6 of the United States; 

7 ‘‘(18) the term ‘protected computer’ has the 

8 meaning set forth in section 787; and 

9 ‘‘(19) the term ‘computer trespasser’— 

10 ‘‘(A) means a person who accesses a pro11 tected computer without authorization and thus 

12 has no reasonable expectation of privacy in any 

13 communication transmitted to, through, or from 

14 the protected computer; and 

15 ‘‘(B) does not include a person known by 

16 the owner or operator of the protected computer 

17 to have an existing contractual relationship with 

18 the owner or operator of the protected computer 

19 for access to all or part of the protected com20 puter. 

21 ‘‘§ 1492. Interception and disclosure of wire, oral, or 

22 electronic communications prohibited 

23 ‘‘(a) OFFENSE.—Except as otherwise specifically pro24 vided in this subchapter whoever— 


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1 ‘‘(1) intentionally intercepts, endeavors to inter2 cept, or procures any other person to intercept or 

3 endeavor to intercept, any wire, oral, or electronic 

4 communication; 

5 ‘‘(2) intentionally uses, endeavors to use, or 

6 procures any other person to use or endeavor to use 

7 any electronic, mechanical, or other device to inter8 cept any oral communication when— 

9 ‘‘(A) such device is affixed to, or otherwise 

10 transmits a signal through, a wire, cable, or 

11 other like connection used in wire communica12 tion; 

13 ‘‘(B) such device transmits communica14 tions by radio, or interferes with the trans15 mission of such communication; 

16 ‘‘(C) such person knows, or has reason to 

17 know, that such device or any component there18 of has been sent through the mail or trans19 ported in interstate or foreign commerce; 

20 ‘‘(D) such use or endeavor to use (i) takes 

21 place on the premises of any business or other 

22 commercial establishment the operations of 

23 which affect interstate or foreign commerce; or 

24 (ii) obtains or is for the purpose of obtaining 

25 information relating to the operations of any 


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1 business or other commercial establishment the 

2 operations of which affect interstate or foreign 

3 commerce; or 

4 ‘‘(E) such person acts in the District of 

5 Columbia, the Commonwealth of Puerto Rico, 

6 or any territory or possession of the United 

7 States; 

8 ‘‘(3) intentionally discloses, or endeavors to dis9 close, to any other person the contents of any wire, 

10 oral, or electronic communication, knowing or having 

11 reason to know that the information was obtained 

12 through the interception of a wire, oral, or electronic 

13 communication in violation of this subsection; 

14 ‘‘(4) intentionally uses, or endeavors to use, the 

15 contents of any wire, oral, or electronic communica16 tion, knowing or having reason to know that the in17 formation was obtained through the interception of 

18 a wire, oral, or electronic communication in violation 

19 of this subsection; or 

20 ‘‘(5) intentionally discloses, or endeavors to dis21 close, to any other person the contents of any wire, 

22 oral, or electronic communication, intercepted by 

23 means authorized by sections 1492(b)(1)(B), 

24 1492(b)(2)–(3), 1492(b)(5), 3119A, and 3119C— 


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1 ‘‘(A) knowing or having reason to know 

2 that the information was obtained through the 

3 interception of such a communication in connec4 tion with a criminal investigation; 

5 ‘‘(B) having obtained or received the infor6 mation in connection with a criminal investiga7 tion; and 

8 ‘‘(C) with intent to improperly obstruct, 

9 impede, or interfere with a duly authorized 

10 criminal investigation, 

11 shall be punished as provided in subsection (d) or shall 

12 be subject to suit as provided in subsection (e). 

13 ‘‘(b) EXCLUSIONS.—(1)(A) It shall not be unlawful 

14 under this subchapter for an operator of a switchboard, 

15 or an officer, employee, or agent of a provider of wire or 

16 electronic communication service, whose facilities are used 

17 in the transmission of a wire or electronic communication, 

18 to intercept, disclose, or use that communication in the 

19 normal course of his employment while engaged in any ac20 tivity which is a necessary incident to the rendition of his 

21 service or to the protection of the rights or property of 

22 the provider of that service, except that a provider of wire 

23 communication service to the public shall not utilize serv24 ice observing or random monitoring except for mechanical 

25 or service quality control checks. 


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1 ‘‘(B) Notwithstanding any other law, providers of 

2 wire or electronic communication service, their officers, 

3 employees, and agents, landlords, custodians, or other per4 sons, are authorized to provide information, facilities, or 

5 technical assistance to persons authorized by law to inter6 cept wire, oral, or electronic communications or to conduct 

7 electronic surveillance, as defined in section 101 of the 

8 Foreign Intelligence Surveillance Act of 1978, if such pro9 vider, its officers, employees, or agents, landlord, custo10 dian, or other specified person, has been provided with— 

11 ‘‘(i) a court order directing such assistance or 

12 a court order pursuant to section 704 of the Foreign 

13 Intelligence Surveillance Act of 1978 signed by the 

14 authorizing judge, or 

15 ‘‘(ii) a certification in writing by a person speci16 fied in section 3119C(g) or the Attorney General of 

17 the United States that no warrant or court order is 

18 required by law, that all statutory requirements have 

19 been met, and that the specified assistance is re20 quired, 

21 setting forth the period of time during which the provision 

22 of the information, facilities, or technical assistance is au23 thorized and specifying the information, facilities, or tech24 nical assistance required. No provider of wire or electronic 

25 communication service, officer, employee, or agent thereof, 


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1 or landlord, custodian, or other specified person shall dis2 close the existence of any interception or surveillance or 

3 the device used to accomplish the interception or surveil4 lance with respect to which the person has been furnished 

5 a court order or certification under this subchapter, except 

6 as may otherwise be required by legal process and then 

7 only after prior notification to the Attorney General or to 

8 the principal prosecuting attorney of a State or any polit9 ical subdivision of a State, as may be appropriate. Any 

10 such disclosure, shall render such person liable for the civil 

11 damages provided for in section 3119E. No cause of action 

12 shall lie in any court against any provider of wire or elec13 tronic communication service, its officers, employees, or 

14 agents, landlord, custodian, or other specified person for 

15 providing information, facilities, or assistance in accord16 ance with the terms of a court order, statutory authoriza17 tion, or certification under this subchapter. 

18 ‘‘(C) If a certification under subparagraph (B)(ii) for 

19 assistance to obtain foreign intelligence information is 

20 based on statutory authority, the certification shall iden21 tify the specific statutory provision and shall certify that 

22 the statutory requirements have been met. 

23 ‘‘(2) It shall not be unlawful under this subchapter 

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1 ment and in discharge of the monitoring responsibilities 

2 exercised by the Commission in the enforcement of chapter 

3 5 of title 47 of the United States Code, to intercept a 

4 wire or electronic communication, or oral communication 

5 transmitted by radio, or to disclose or use the information 

6 thereby obtained. 

7 ‘‘(3) It shall not be unlawful under this subchapter 

8 for a person acting under color of law to intercept a wire, 

9 oral, or electronic communication, where such person is 

10 a party to the communication or one of the parties to the 

11 communication has given prior consent to such intercep12 tion. 

13 ‘‘(4) It shall not be unlawful under this subchapter 

14 for a person not acting under color of law to intercept 

15 a wire, oral, or electronic communication where such per16 son is a party to the communication or where one of the 

17 parties to the communication has given prior consent to 

18 such interception unless such communication is inter19 cepted for the purpose of committing any criminal or 

20 tortious act in violation of the Constitution or laws of the 

21 United States or of any State. 

22 ‘‘(5) Notwithstanding any other provision of this title 

23 or section 705 or 706 of the Communications Act of 1934, 

24 it shall not be unlawful for an officer, employee, or agent 

25 of the United States in the normal course of his official 


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•HR 1860 IH

1 duty to conduct electronic surveillance, as defined in sec2 tion 101 of the Foreign Intelligence Surveillance Act of 

3 1978, as authorized by that Act. 

4 ‘‘(6) Nothing in this subchapter, subchapter C or 

5 chapter 205B of this title, or section 705 of the Commu6 nications Act of 1934, affects the acquisition by the 

7 United States Government of foreign intelligence informa8 tion from international or foreign communications, or for9 eign intelligence activities conducted in accordance with 

10 otherwise applicable Federal law involving a foreign elec11 tronic communications system, utilizing a means other 

12 than electronic surveillance as defined in section 101 of 

13 the Foreign Intelligence Surveillance Act of 1978. The 

14 procedures in this subchapter, subchapter C or chapter 

15 205B of this title, or section 705 of the Communications 

16 Act of 1934, and the Foreign Intelligence Surveillance Act 

17 of 1978 shall be the exclusive means by which electronic 

18 surveillance, as defined in section 101 of such Act, and 

19 the interception of domestic wire, oral, and electronic com20 munications may be conducted. 

21 ‘‘(7) It shall not be unlawful under this subchapter 

22 or subchapter C for any person— 

23 ‘‘(A) to intercept or access an electronic com24 munication made through an electronic communica25 tion system that is configured so that such electronic 


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1 communication is readily accessible to the general 

2 public; 

3 ‘‘(B) to intercept any radio communication 

4 which is transmitted— 

5 ‘‘(i) by any station for the use of the gen6 eral public, or that relates to ships, aircraft, ve7 hicles, or persons in distress; 

8 ‘‘(ii) by any governmental, law enforce9 ment, civil defense, private land mobile, or pub10 lic safety communications system, including po11 lice and fire, readily accessible to the general 

12 public; 

13 ‘‘(iii) by a station operating on an author14 ized frequency within the bands allocated to the 

15 amateur, citizens band, or general mobile radio 

16 services; or 

17 ‘‘(iv) by any marine or aeronautical com18 munications system; 

19 ‘‘(C) to engage in any conduct which— 

20 ‘‘(i) is prohibited by section 633 of the 

21 Communications Act of 1934; or 

22 ‘‘(ii) is excepted from the application of 

23 section 705(a) of the Communications Act of 

24 1934 by section 705(b) of that Act; 


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1 ‘‘(D) to intercept any wire or electronic commu2 nication the transmission of which is causing harm3 ful interference to any lawfully operating station or 

4 consumer electronic equipment, to the extent nec5 essary to identify the source of such interference; or 

6 ‘‘(E) for other users of the same frequency to 

7 intercept any radio communication made through a 

8 system that utilizes frequencies monitored by indi9 viduals engaged in the provision or the use of such 

10 system, if such communication is not scrambled or 

11 encrypted. 

12 ‘‘(8) It shall not be unlawful under this subchapter— 

13 ‘‘(A) to use a pen register or a trap and trace 

14 device (as those terms are defined for the purposes 

15 of chapter 206 (relating to pen registers and trap 

16 and trace devices)); or 

17 ‘‘(B) for a provider of electronic communication 

18 service to record the fact that a wire or electronic 

19 communication was initiated or completed in order 

20 to protect such provider, another provider furnishing 

21 service toward the completion of the wire or elec22 tronic communication, or a user of that service, from 

23 fraudulent, unlawful or abusive use of such service. 

24 ‘‘(9) It shall not be unlawful under this subchapter 

25 for a person acting under color of law to intercept the wire 


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•HR 1860 IH

1 or electronic communications of a computer trespasser 

2 transmitted to, through, or from the protected computer, 

3 if— 

4 ‘‘(A) the owner or operator of the protected 

5 computer authorizes the interception of the com6 puter trespasser’s communications on the protected 

7 computer; 

8 ‘‘(B) the person acting under color of law is 

9 lawfully engaged in an investigation; 

10 ‘‘(C) the person acting under color of law has 

11 reasonable grounds to believe that the contents of 

12 the computer trespasser’s communications will be 

13 relevant to the investigation; and 

14 ‘‘(D) such interception does not acquire com15 munications other than those transmitted to or from 

16 the computer trespasser. 

17 ‘‘(c) CONTENTS IN TRANSMISSION.—(1) Except as 

18 provided in paragraph (2) of this subsection, a person or 

19 entity providing an electronic communication service to 

20 the public shall not intentionally divulge the contents of 

21 any communication (other than one to such person or enti22 ty, or an agent thereof) while in transmission on that serv23 ice to any person or entity other than an addressee or in24 tended recipient of such communication or an agent of 

25 such addressee or intended recipient. 


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1 ‘‘(2) A person or entity providing electronic commu2 nication service to the public may divulge the contents of 

3 any such communication— 

4 ‘‘(A) as otherwise authorized in section 

5 1492(b)(1) or 3119B; 

6 ‘‘(B) with the lawful consent of the originator 

7 or any addressee or intended recipient of such com8 munication; 

9 ‘‘(C) to a person employed or authorized, or 

10 whose facilities are used, to forward such commu11 nication to its destination; or 

12 ‘‘(D) which were inadvertently obtained by the 

13 service provider and which appear to pertain to the 

14 commission of a crime, if such divulgence is made to 

15 a law enforcement agency. 

16 ‘‘(d) PUNISHMENT.—(1) Except as provided in para17 graph (2) of this subsection or in subsection (e), whoever 

18 violates subsection (a) of this section shall be imprisoned 

19 not more than five years. 

20 ‘‘(2) Conduct otherwise an offense under this sub21 section that consists of or relates to the interception of 

22 a satellite transmission that is not encrypted or scrambled 

23 and that is transmitted— 

24 ‘‘(A) to a broadcasting station for purposes of 

25 retransmission to the general public; or 


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1 ‘‘(B) as an audio subcarrier intended for redis2 tribution to facilities open to the public, but not in3 cluding data transmissions or telephone calls, 

4 is not an offense under this subsection unless the conduct 

5 is for the purposes of direct or indirect commercial advan6 tage or private financial gain. 

7 ‘‘(e) CERTAIN COMMUNICATIONS.—(1)(A) If the 

8 communication is— 

9 ‘‘(i) a private satellite video communication that 

10 is not scrambled or encrypted and the conduct in 

11 violation of this subchapter is the private viewing of 

12 that communication and is not for a tortious or ille13 gal purpose or for purposes of direct or indirect 

14 commercial advantage or private commercial gain; or 

15 ‘‘(ii) a radio communication that is transmitted 

16 on frequencies allocated under subpart D of part 74 

17 of the rules of the Federal Communications Commis18 sion that is not scrambled or encrypted and the con19 duct in violation of this subchapter is not for a 

20 tortious or illegal purpose or for purposes of direct 

21 or indirect commercial advantage or private commer22 cial gain, 

23 then the person who engages in such conduct shall be sub24 ject to suit by the Federal Government in a court of com25 petent jurisdiction. 


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1 ‘‘(B) In an action under this subsection— 

2 ‘‘(i) if the violation of this subchapter is a first 

3 offense for the person under paragraph (1) of sub4 section (d) and such person has not been found lia5 ble in a civil action under section 3119E, the Fed6 eral Government shall be entitled to appropriate in7 junctive relief; and 

8 ‘‘(ii) if the violation of this subchapter is a sec9 ond or subsequent offense under paragraph (1) of 

10 subsection (d) or such person has been found liable 

11 in any prior civil action under section 3119E, the 

12 person shall be subject to a mandatory $500 civil 

13 fine. 

14 ‘‘(2) The court may use any means within its author15 ity to enforce an injunction issued under paragraph 

16 (1)(B)(i), and shall impose a civil fine of not less than 

17 $500 for each violation of such an injunction. 

18 ‘‘§ 1493. Manufacture, distribution, possession, and 

19 advertising of wire, oral, or electronic 

20 communication intercepting devices pro21 hibited 

22 ‘‘(a) OFFENSE.—Except as otherwise specifically pro23 vided in this subchapter, whoever intentionally— 

24 ‘‘(1) sends through the mail, or sends or carries 

25 in interstate or foreign commerce, any electronic, 


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•HR 1860 IH

1 mechanical, or other device, knowing or having rea2 son to know that the design of such device renders 

3 it primarily useful for the purpose of the surrep4 titious interception of wire, oral, or electronic com5 munications; 

6 ‘‘(2) manufactures, assembles, possesses, or 

7 sells any electronic, mechanical, or other device, 

8 knowing or having reason to know that the design 

9 of such device renders it primarily useful for the 

10 purpose of the surreptitious interception of wire, 

11 oral, or electronic communications, and that such 

12 device or any component thereof has been or will be 

13 sent through the mail or transported in interstate or 

14 foreign commerce; or 

15 ‘‘(3) places in any newspaper, magazine, hand16 bill, or other publication or disseminates by elec17 tronic means any advertisement of— 

18 ‘‘(A) any electronic, mechanical, or other 

19 device knowing or having reason to know that 

20 the design of such device renders it primarily 

21 useful for the purpose of the surreptitious inter22 ception of wire, oral, or electronic communica23 tions; or 

24 ‘‘(B) any other electronic, mechanical, or 

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1 motes the use of such device for the purpose of 

2 the surreptitious interception of wire, oral, or 

3 electronic communications, 

4 knowing the content of the advertisement and know5 ing or having reason to know that such advertise6 ment will be sent through the mail or transported in 

7 interstate or foreign commerce, 

8 shall be imprisoned for not more than five years. 

9 ‘‘(b) EXCLUSION.—It shall not be unlawful under this 

10 section for— 

11 ‘‘(1) a provider of wire or electronic commu12 nication service or an officer, agent, or employee of, 

13 or a person under contract with, such a provider, in 

14 the normal course of the business of providing that 

15 wire or electronic communication service, or 

16 ‘‘(2) an officer, agent, or employee of, or a per17 son under contract with, the United States, a State, 

18 or a political subdivision thereof, in the normal 

19 course of the activities of the United States, a State, 

20 or a political subdivision thereof, 

21 to send through the mail, send or carry in interstate or 

22 foreign commerce, or manufacture, assemble, possess, or 

23 sell any electronic, mechanical, or other device knowing 

24 or having reason to know that the design of such device 

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1 titious interception of wire, oral, or electronic communica2 tions. 

3 ‘‘(c) ADDITIONAL EXCLUSION.—It shall not be un4 lawful under this section to advertise for sale a device de5 scribed in subsection (a) of this section if the advertise6 ment is mailed, sent, or carried in interstate or foreign 

7 commerce solely to a domestic provider of wire or elec8 tronic communication service or to an agency of the 

9 United States, a State, or a political subdivision thereof 

10 which is duly authorized to use such device. 

11 ‘‘§ 1494. Confiscation of wire, oral, or electronic com12 munication intercepting devices 

13 ‘‘Any electronic, mechanical, or other device used, 

14 sent, carried, manufactured, assembled, possessed, sold, or 

15 advertised in violation of section 1492 or section 1493 

16 may be seized and forfeited to the United States. All provi17 sions of law relating to (1) the seizure, summary and judi18 cial forfeiture, and condemnation of vessels, vehicles, mer19 chandise, and baggage for violations of the customs laws 

20 contained in title 19 of the United States Code, (2) the 

21 disposition of such vessels, vehicles, merchandise, and bag22 gage or the proceeds from the sale thereof, (3) the remis23 sion or mitigation of such forfeiture, (4) the compromise 

24 of claims, and (5) the award of compensation to informers 

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1 ures incurred, or alleged to have been incurred, under this 

2 section, insofar as applicable and not inconsistent with 

3 this section; except that such duties as are imposed upon 

4 the collector of customs or any other person with respect 

5 to the seizure and forfeiture of vessels, vehicles, merchan6 dise, and baggage under the customs laws contained in 

7 title 19 of the United States Code shall be performed with 

8 respect to seizure and forfeiture of electronic, mechanical, 

9 or other intercepting devices under this section by such 

10 officers, agents, or other persons as may be authorized or 

11 designated for that purpose by the Attorney General. 

12 ‘‘SUBCHAPTER C—STORED WIRE AND ELEC13 TRONIC COMMUNICATIONS AND TRANS14 ACTIONAL RECORDS ACCESS 

‘‘Sec. 

‘‘1521. Unlawful access to stored communications. 

15 ‘‘§ 1521. Unlawful access to stored communications 

16 ‘‘(a) OFFENSE.—Except as provided in subsection (c) 

17 of this section whoever— 

18 ‘‘(1) intentionally accesses without authoriza19 tion a facility through which an electronic commu20 nication service is provided; or 

21 ‘‘(2) intentionally exceeds an authorization to 

22 access that facility; 

23 and thereby obtains, alters, or prevents authorized access 

24 to a wire or electronic communication while it is in elecVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01065 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 tronic storage in such system shall be punished as pro2 vided in subsection (b) of this section. 

3 ‘‘(b) PUNISHMENT.—The punishment for an offense 

4 under subsection (a) of this section is— 

5 ‘‘(1) if the offense is committed for purposes of 

6 commercial advantage, malicious destruction or dam7 age, or private commercial gain, or in furtherance of 

8 any criminal or tortious act in violation of the Con9 stitution or laws of the United States or any State— 

10 ‘‘(A) a fine under this title or imprison11 ment for not more than 5 years, or both, in the 

12 case of a first offense under this subparagraph; 

13 and 

14 ‘‘(B) a fine under this title or imprison15 ment for not more than 10 years, or both, for 

16 any subsequent offense under this subpara17 graph; and 

18 ‘‘(2) in any other case— 

19 ‘‘(A) a fine under this title or imprison20 ment for not more than 1 year or both, in the 

21 case of a first offense under this paragraph; 

22 and 

23 ‘‘(B) a fine under this title or imprison24 ment for not more than 5 years, or both, in the 

25 case of an offense under this subparagraph that 


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1 occurs after a conviction of another offense 

2 under this section. 

3 ‘‘(c) EXCEPTIONS.—Subsection (a) of this section 

4 does not apply with respect to conduct authorized— 

5 ‘‘(1) by the person or entity providing a wire or 

6 electronic communications service; 

7 ‘‘(2) by a user of that service with respect to 

8 a communication of or intended for that user; or 

9 ‘‘(3) in section 3120A, 3120B, or 3119C. 

10 ‘‘§ 1522. Definitions 

11 ‘‘A term that is defined by chapter 205B has the 

12 same meaning when used in this subchapter. 

13 ‘‘SUBCHAPTER D—PROHIBITION ON RELEASE 

14 AND USE OF CERTAIN PERSONAL INFOR15 MATION FROM STATE MOTOR VEHICLE 

16 RECORDS 

‘‘1541. Prohibition on release and use of certain personal information from 

State motor vehicle records. 

‘‘1542. Additional unlawful acts. 

‘‘1543. Penalties. 

‘‘1544. Civil action. 

‘‘1545. Definitions. 

17 ‘‘§ 1541. Prohibition on release and use of certain per18 sonal information from State motor vehi19 cle records 

20 ‘‘(a) IN GENERAL.—A State department of motor ve21 hicles, and any officer, employee, or contractor thereof, 


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1 shall not knowingly disclose or otherwise make available 

2 to any person or entity— 

3 ‘‘(1) personal information about any individual 

4 obtained by the department in connection with a 

5 motor vehicle record, except as provided in sub6 section (b) of this section; or 

7 ‘‘(2) highly restricted personal information 

8 about any individual obtained by the department in 

9 connection with a motor vehicle record, without the 

10 express consent of the person to whom such infor11 mation applies, except uses permitted in subsections 

12 (b)(1), (b)(4), (b)(6), and (b)(9), but this paragraph 

13 does not in any way affect the use of organ donation 

14 information on an individual’s driver’s license or af15 fect the administration of organ donation initiatives 

16 in the States. 

17 ‘‘(b) PERMISSIBLE USES.—Personal information re18 ferred to in subsection (a) shall be disclosed for use in 

19 connection with matters of motor vehicle or driver safety 

20 and theft, motor vehicle emissions, motor vehicle product 

21 alterations, recalls, or advisories, performance monitoring 

22 of motor vehicles and dealers by motor vehicle manufac23 turers, and removal of non-owner records from the original 

24 owner records of motor vehicle manufacturers to carry out 

25 the purposes of titles I and IV of the Anti Car Theft Act 


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1 of 1992, the Automobile Information Disclosure Act, the 

2 Clean Air Act, and chapters 301, 305, and 321–331 of 

3 title 49, and, subject to subsection (a)(2), may be disclosed 

4 as follows: 

5 ‘‘(1) For use by any government agency, includ6 ing any court or law enforcement agency, in carrying 

7 out its functions, or any private person or entity act8 ing on behalf of a Federal, State, or local agency in 

9 carrying out its functions. 

10 ‘‘(2) For use in connection with matters of 

11 motor vehicle or driver safety and theft; motor vehi12 cle emissions; motor vehicle product alterations, re13 calls, or advisories; performance monitoring of motor 

14 vehicles, motor vehicle parts and dealers; motor vehi15 cle market research activities, including survey re16 search; and removal of non-owner records from the 

17 original owner records of motor vehicle manufactur18 ers. 

19 ‘‘(3) For use in the normal course of business 

20 by a legitimate business or its agents, employees, or 

21 contractors, but only— 

22 ‘‘(A) to verify the accuracy of personal in23 formation submitted by the individual to the 

24 business or its agents, employees, or contrac25 tors; and 


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1 ‘‘(B) if such information as so submitted is 

2 not correct or is no longer correct, to obtain the 

3 correct information, but only for the purposes 

4 of preventing fraud by, pursuing legal remedies 

5 against, or recovering on a debt or security in6 terest against, the individual. 

7 ‘‘(4) For use in connection with any civil, crimi8 nal, administrative, or arbitral proceeding in any 

9 Federal, State, or local court or agency or before 

10 any self-regulatory body, including the service of 

11 process, investigation in anticipation of litigation, 

12 and the execution or enforcement of judgments and 

13 orders, or pursuant to an order of a Federal, State, 

14 or local court. 

15 ‘‘(5) For use in research activities, and for use 

16 in producing statistical reports, so long as the per17 sonal information is not published, redisclosed, or 

18 used to contact individuals. 

19 ‘‘(6) For use by any insurer or insurance sup20 port organization, or by a self-insured entity, or its 

21 agents, employees, or contractors, in connection with 

22 claims investigation activities, antifraud activities, 

23 rating or underwriting. 

24 ‘‘(7) For use in providing notice to the owners 

25 of towed or impounded vehicles. 


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1 ‘‘(8) For use by any licensed private investiga2 tive agency or licensed security service for any pur3 pose permitted under this subsection. 

4 ‘‘(9) For use by an employer or its agent or in5 surer to obtain or verify information relating to a 

6 holder of a commercial driver’s license that is re7 quired under chapter 313 of title 49. 

8 ‘‘(10) For use in connection with the operation 

9 of private toll transportation facilities. 

10 ‘‘(11) For any other use in response to requests 

11 for individual motor vehicle records if the State has 

12 obtained the express consent of the person to whom 

13 such personal information pertains. 

14 ‘‘(12) For bulk distribution for surveys, mar15 keting or solicitations if the State has obtained the 

16 express consent of the person to whom such personal 

17 information pertains. 

18 ‘‘(13) For use by any requester, if the requester 

19 demonstrates it has obtained the written consent of 

20 the individual to whom the information pertains. 

21 ‘‘(14) For any other use specifically authorized 

22 under the law of the State that holds the record, if 

23 such use is related to the operation of a motor vehi24 cle or public safety. 


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1 ‘‘(c) RESALE OR REDISCLOSURE.—An authorized re2 cipient of personal information (except a recipient under 

3 subsection (b)(11) or (12)) may resell or redisclose the in4 formation only for a use permitted under subsection (b) 

5 (but not for uses under subsection (b)(11) or (12)). An 

6 authorized recipient under subsection (b)(11) may resell 

7 or redisclose personal information for any purpose. An au8 thorized recipient under subsection (b)(12) may resell or 

9 redisclose personal information pursuant to subsection 

10 (b)(12). Any authorized recipient (except a recipient under 

11 subsection (b)(11)) that resells or rediscloses personal in12 formation covered by this chapter must keep for a period 

13 of 5 years records identifying each person or entity that 

14 receives information and the permitted purpose for which 

15 the information will be used and must make such records 

16 available to the motor vehicle department upon request. 

17 ‘‘(d) WAIVER PROCEDURES.—A State motor vehicle 

18 department may establish and carry out procedures under 

19 which the department or its agents, upon receiving a re20 quest for personal information that does not fall within 

21 one of the exceptions in subsection (b), may mail a copy 

22 of the request to the individual about whom the informa23 tion was requested, informing such individual of the re24 quest, together with a statement to the effect that the inVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01072 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 formation will not be released unless the individual waives 

2 such individual’s right to privacy under this section. 

3 ‘‘(e) PROHIBITION ON CONDITIONS.—No State may 

4 condition or burden in any way the issuance of an individ5 ual’s motor vehicle record to obtain express consent. Noth6 ing in this paragraph shall be construed to prohibit a 

7 State from charging an administrative fee for issuance of 

8 a motor vehicle record. 

9 ‘‘§ 1542. Additional unlawful acts 

10 ‘‘(a) PROCUREMENT FOR UNLAWFUL PURPOSE.—It 

11 shall be unlawful for any person knowingly to obtain or 

12 disclose personal information, from a motor vehicle record, 

13 for any use not permitted under section 1541(b). 

14 ‘‘(b) FALSE REPRESENTATION.—It shall be unlawful 

15 for any person to make false representation to obtain any 

16 personal information from an individual’s motor vehicle 

17 record. 

18 ‘‘§ 1543. Penalties 

19 ‘‘(a) CRIMINAL FINE.—Whoever knowingly violates 

20 this subchapter shall be fined under this title. 

21 ‘‘(b) VIOLATIONS BY STATE DEPARTMENT OF

22 MOTOR VEHICLES.—Any State department of motor vehi23 cles that has a policy or practice of substantial noncompli24 ance with this chapter shall be subject to a civil penalty 


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1 imposed by the Attorney General of not more than $5,000 

2 a day for each day of substantial noncompliance. 

3 ‘‘§ 1544. Civil action 

4 ‘‘(a) CAUSE OF ACTION.—A person who knowingly 

5 obtains, discloses or uses personal information, from a 

6 motor vehicle record, for a purpose not permitted under 

7 this chapter shall be liable to the individual to whom the 

8 information pertains, who may bring a civil action in a 

9 United States district court. 

10 ‘‘(b) REMEDIES.—The court may award— 

11 ‘‘(1) actual damages, but not less than liq12 uidated damages in the amount of $2,500; 

13 ‘‘(2) punitive damages upon proof of willful or 

14 reckless disregard of the law; 

15 ‘‘(3) reasonable attorneys’ fees and other litiga16 tion costs reasonably incurred; and 

17 ‘‘(4) such other preliminary and equitable relief 

18 as the court determines to be appropriate. 

19 ‘‘§ 1545. Definitions 

20 ‘‘As used in this subchapter— 

21 ‘‘(1) the term ‘motor vehicle record’ means any 

22 record that pertains to a motor vehicle operator’s 

23 permit, motor vehicle title, motor vehicle registra24 tion, or identification card issued by a department of 

25 motor vehicles; 


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1 ‘‘(2) the term ‘personal information’ means in2 formation that identifies an individual, including an 

3 individual’s photograph, social security number, driv4 er identification number, name, address (but not the 

5 5-digit zip code), telephone number, and medical or 

6 disability information, but does not include informa7 tion on vehicular accidents, driving violations, and 

8 driver’s status; 

9 ‘‘(3) the term ‘highly restricted personal infor10 mation’ means an individual’s photograph or image, 

11 social security number, medical or disability infor12 mation; and 

13 ‘‘(4) the term ‘express consent’ means consent 

14 in writing, including consent conveyed electronically 

15 that bears an electronic signature as defined in sec16 tion 106(5) of Public Law 106–229. 

17 ‘‘SUBCHAPTER E—IDENTITY THEFT 

‘‘Sec. 

‘‘1551. Obtaining information under false pretenses. 

‘‘1552. Unauthorized disclosures by officers or employees. 

‘‘1553. Definitions for subchapter. 

18 ‘‘§ 1551. Obtaining information under false pretenses 

19 ‘‘Whoever knowingly obtains information on a con20 sumer from a consumer reporting agency under false pre21 tenses shall be imprisoned for not more than 2 years. 


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1 ‘‘§ 1552. Unauthorized disclosures by officers or em2 ployees 

3 ‘‘Any officer or employee of a consumer reporting 

4 agency who knowingly provides information concerning an 

5 individual from the agency’s files to a person not author6 ized to receive that information shall be imprisoned for 

7 not more than 2 years. 

8 ‘‘§ 1553. Definitions for subchapter 

9 ‘‘A term defined in the Fair Credit Reporting Act 

10 shall have the same meaning when used in this sub11 chapter. 

12 ‘‘CHAPTER 50—FORFEITURE 

‘‘Subchapter 

‘‘A. Property subject to forfeiture 

‘‘B. Civil forfeiture 

‘‘C. Criminal forfeiture 

13 ‘‘SUBCHAPTER A—PROPERTY SUBJECT TO 

14 FORFEITURE 

‘‘Sec. 

‘‘2501. Forfeitable property. 

15 ‘‘§ 2501. Forfeitable property 

16 ‘‘As used in this chapter— 

17 ‘‘(1) the term ‘forfeitable property’— 

18 ‘‘(A) means any property, real or personal, 

19 tangible or intangible, that is— 

20 ‘‘(i) used or intended to be used to 

21 commit or facilitate the offense; 


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1 ‘‘(ii) constituting, derived from, or 

2 traceable to proceeds of the offense; or 

3 ‘‘(iii) substitute assets for property 

4 described in subparagraph (A) or (B); and 

5 ‘‘(B) in the case of a Federal crime of ter6 rorism (as defined in section 273(g)(3)), in7 cludes all assets, foreign and domestic— 

8 ‘‘(i) of any individual, entity, or orga9 nization engaged in planning or perpe10 trating the act, and all assets, foreign or 

11 domestic, affording any person a source of 

12 influence over any such entity or organiza13 tion; 

14 ‘‘(ii) acquired or maintained by any 

15 person with the intent and for the purpose 

16 of supporting, planning, conducting, or 

17 concealing the act; or 

18 ‘‘(iii) derived from, involved in, or 

19 used or intended to be used to commit the 

20 act; and 

21 ‘‘(2) the term ‘proceeds’ means all property ob22 tained directly or indirectly from the offense. 

23 ‘‘SUBCHAPTER B—CIVIL FORFEITURE 

‘‘2551. Offenses giving rise to civil forfeiture. 

‘‘2552. Procedure generally. 

‘‘2553. General rules for civil forfeiture proceedings. 

‘‘2554. Civil forfeiture of fungible property. 

‘‘2555. Civil forfeiture of real property. 


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‘‘2556. Subpoenas for bank records. 

‘‘2557. Anti-terrorist forfeiture protection. 

1 ‘‘§ 2551. Offenses giving rise to civil forfeiture 

2 ‘‘(a) CRIMINALLY RELATED PROPERTY SUBJECT TO

3 FORFEITURE.—All right, title, and interest in forfeitable 

4 property relating to an offense described in subsection (b) 

5 shall vest in the United States upon commission of that 

6 offense. 

7 ‘‘(b) OFFENSES GIVING RISE TO CIVIL FOR8 FEITURE.—The following offenses give rise to civil for9 feiture under this section: 

10 ‘‘(1) A violation of section 508, 1451, or 1452. 

11 ‘‘(2) An offense against a foreign nation, or any 

12 property used to facilitate such an offense, if the of13 fense— 

14 ‘‘(A) involves trafficking in nuclear, chem15 ical, biological, or radiological weapons tech16 nology or material, or the manufacture, impor17 tation, sale, or distribution of a controlled sub18 stance, or any other conduct described in sec19 tion 1451(c)(7)(B); 

20 ‘‘(B) would be punishable within the juris21 diction of the foreign nation by death or impris22 onment for a term exceeding one year; and 

23 ‘‘(C) would be punishable under the laws 

24 of the United States by imprisonment for a 


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1 term exceeding one year, if the conduct consti2 tuting the offense had occurred within the juris3 diction of the United States. 

4 ‘‘(3) A violation of section 512, 612, 614, 644, 

5 645, 692–695, 697–702, 712, 716, 773–775, 779, 

6 783, 786, 787, 789, 804, 862, 863, or 1003 or any 

7 offense constituting ‘specified unlawful activity’ (as 

8 defined in section 1451(c)(7)). 

9 ‘‘(4) A violation of— 

10 ‘‘(A) section 653(a)(1) (relating to theft or 

11 concerning programs receiving Federal funds); 

12 ‘‘(B) section 772 (relating to fraud and 

13 false statements); 

14 ‘‘(C) section 788 (relating to major fraud 

15 against the United States); 

16 ‘‘(D) section 789 (relating to concealment 

17 of assets from conservator or receiver of insured 

18 financial institution); 

19 ‘‘(E) section 801 (relating to mail fraud); 

20 or 

21 ‘‘(F) section 803 (relating to wire fraud), 

22 if such violation relates to the sale of assets acquired 

23 or held by the Federal Deposit Insurance Corpora24 tion, as conservator or receiver for a financial insti25 tution, or any other conservator for a financial instiVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01079 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 tution appointed by the Office of the Comptroller of 

2 the Currency or the National Credit Union Adminis3 tration, as conservator or liquidating agent for a fi4 nancial institution. 

5 ‘‘(5) A violation of— 

6 ‘‘(A) section 717 (relating to altering or 

7 removing motor vehicle identification numbers); 

8 ‘‘(B) section 866 (relating to importing or 

9 exporting stolen motor vehicles); 

10 ‘‘(C) section 671 (relating to transporting 

11 stolen motor vehicles in interstate commerce); 

12 or 

13 ‘‘(D) section 672 (relating to possessing or 

14 selling a stolen motor vehicle that has moved in 

15 interstate commerce). 

16 ‘‘(6) A Federal crime of terrorism (as defined 

17 in section 273(g)(3)). 

18 ‘‘(7) Any act of international terrorism (as de19 fined in section 283) against the United States, citi20 zens or residents of the United States, or their prop21 erty, against any international organization as de22 fined in the State Department Basic Authorities Act 

23 of 1956, or against any foreign government. 

24 ‘‘(8) A violation of section 280. 

25 ‘‘(9) A violation of chapter 17. 


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1 ‘‘(10) A violation of subchapter D or F of chap2 ter 35. 

3 ‘‘(11) A violation of section 221, 222, 223, or 

4 224, or subchapter B of chapter 13. 

5 ‘‘(12) A violation of section 318, 505, 951, or 

6 1454. 

7 ‘‘(13) A violation of section 675, 676, 677, 678, 

8 679, 680, or subchapter C of chapter 35. 

9 ‘‘(c) APPLICATION TO OTHER CIVIL FORFEIT10 URES.—Unless otherwise specified, whenever a law of the 

11 United States provides for civil forfeiture, this subchapter 

12 applies to that forfeiture. 

13 ‘‘§ 2552. Procedure generally 

14 ‘‘(a) SEIZURE AND PRELIMINARY MATTERS.— 

15 ‘‘(1) Except as provided in section 2555, any 

16 property subject to forfeiture to the United States 

17 under section 2551 may be seized by the Attorney 

18 General and, in the case of property involved in a 

19 violation investigated by the Secretary of the Treas20 ury or the United States Postal Service, the prop21 erty may also be seized by the Secretary of the 

22 Treasury or the Postal Service, respectively. 

23 ‘‘(2) Seizures under this section shall be made 

24 pursuant to a warrant obtained in the same manner 

25 as provided for a search warrant under the Federal 


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1 Rules of Criminal Procedure, except that a seizure 

2 may be made without a warrant if— 

3 ‘‘(A) a complaint for forfeiture has been filed in 

4 the United States district court and the court issued 

5 an arrest warrant in rem pursuant to the Supple6 mental Rules for Certain Admiralty and Maritime 

7 Claims; 

8 ‘‘(B) there is probable cause to believe that the 

9 property is subject to forfeiture and— 

10 ‘‘(i) the seizure is made pursuant to a law11 ful arrest or search; or 

12 ‘‘(ii) another exception to the Fourth 

13 Amendment warrant requirement would apply; 

14 or 

15 ‘‘(C) the property was lawfully seized by a State 

16 or local law enforcement agency and transferred to 

17 a Federal agency. 

18 ‘‘(3) Notwithstanding rule 41(a) of the Federal 

19 Rules of Criminal Procedure, a seizure warrant may 

20 be issued pursuant to this subsection by a judicial 

21 officer in any district in which a forfeiture action 

22 against the property may be filed under section 

23 1355(b) of title 28, and may be executed in any dis24 trict in which the property is found, or transmitted 

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1 ice in accordance with any treaty or other inter2 national agreement. Any motion for the return of 

3 property seized under this section shall be filed in 

4 the district court in which the seizure warrant was 

5 issued or in the district court for the district in 

6 which the property was seized. 

7 ‘‘(4)(A) If any person is arrested or charged in 

8 a foreign country in connection with an offense that 

9 would give rise to the forfeiture of property in the 

10 United States under this section, the Attorney Gen11 eral may apply to any Federal judge or magistrate 

12 judge in the district in which the property is located 

13 for an ex parte order restraining the property sub14 ject to forfeiture for not more than 30 days, except 

15 that the time may be extended for good cause shown 

16 at a hearing conducted in the manner provided in 

17 rule 43(e) of the Federal Rules of Civil Procedure. 

18 ‘‘(B) The application for the restraining order 

19 shall set forth the nature and circumstances of the 

20 foreign charges and the basis for belief that the per21 son arrested or charged has property in the United 

22 States that would be subject to forfeiture, and shall 

23 contain a statement that the restraining order is 

24 needed to preserve the availability of property for 

25 such time as is necessary to receive evidence from 


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1 the foreign country or elsewhere in support of prob2 able cause for the seizure of the property under this 

3 subsection. 

4 ‘‘(b) SECURING OF PROPERTY.—Property taken or 

5 detained under this section shall not be repleviable, but 

6 shall be deemed to be in the custody of the Attorney Gen7 eral, the Secretary of the Treasury, or the Postal Service, 

8 as the case may be, subject only to the orders and decrees 

9 of the court or the official having jurisdiction thereof. 

10 Whenever property is seized under this subsection, the At11 torney General, the Secretary of the Treasury, or the 

12 Postal Service, as the case may be, may— 

13 ‘‘(1) place the property under seal; 

14 ‘‘(2) remove the property to a place designated 

15 by him; or 

16 ‘‘(3) require that the General Services Adminis17 tration take custody of the property and remove it, 

18 if practicable, to an appropriate location for disposi19 tion in accordance with law. 

20 ‘‘(c) APPLICATION OF CUSTOMS LAWS.—For pur21 poses of this section, sections 602 through 619 of the Tar22 iff Act of 1930, insofar as they are applicable and not 

23 inconsistent with this section, apply to seizures and for24 feitures incurred, or alleged to have been incurred, under 

25 this section, except that such duties as are imposed upon 


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1 the customs officer or any other person with respect to 

2 the seizure and forfeiture of property under the customs 

3 laws shall be performed with respect to seizures and for4 feitures of property under this section by such officers, 

5 agents, or other persons as may be authorized or des6 ignated for that purpose by the Attorney General, the Sec7 retary of the Treasury, or the Postal Service, as the case 

8 may be. The Attorney General shall have sole responsi9 bility for disposing of petitions for remission or mitigation 

10 with respect to property involved in a judicial forfeiture 

11 proceeding. 

12 ‘‘(d) RETENTION OR TRANSFER OF FORFEITED

13 PROPERTY.—Notwithstanding any other provision of the 

14 law, except section 3 of the Anti Drug Abuse Act of 1986, 

15 the Attorney General, the Secretary of the Treasury, or 

16 the Postal Service, as the case may be, is authorized to 

17 retain property forfeited pursuant to this section, or to 

18 transfer such property on such terms and conditions as 

19 the Attorney General may determine— 

20 ‘‘(1) to any other Federal agency; 

21 ‘‘(2) to any State or local law enforcement 

22 agency which participated directly in any of the acts 

23 which led to the seizure or forfeiture of the property; 


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1 ‘‘(3) in the case of property referred to in sec2 tion 2551(b)(1), to any Federal financial institution 

3 regulatory agency— 

4 ‘‘(A) to reimburse the agency for payments 

5 to claimants or creditors of the institution; and 

6 ‘‘(B) to reimburse the insurance fund of 

7 the agency for losses suffered by the fund as a 

8 result of the receivership or liquidation; 

9 ‘‘(4) in the case of property referred to in sec10 tion 2551(b)(1), upon the order of the appropriate 

11 Federal financial institution regulatory agency, to 

12 the financial institution as restitution, with the value 

13 of the property so transferred to be set off against 

14 any amount later recovered by the financial institu15 tion as compensatory damages in any State or Fed16 eral proceeding; 

17 ‘‘(5) in the case of property referred to in sec18 tion 2551(b)(1), to any Federal financial institution 

19 regulatory agency, to the extent of the agency’s con20 tribution of resources to, or expenses involved in, the 

21 seizure and forfeiture, and the investigation leading 

22 directly to the seizure and forfeiture, of such prop23 erty; 

24 ‘‘(6) as restoration to any victim of the offense 

25 giving rise to the forfeiture, including, in the case of 


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1 a money laundering offense, any offense constituting 

2 the underlying specified unlawful activity; or 

3 ‘‘(7) in the case of property referred to in sec4 tion 2551(b)(3), to the Federal Deposit Insurance 

5 Corporation or any other Federal financial institu6 tion regulatory agency (as defined in section 

7 8(e)(7)(D) of the Federal Deposit Insurance Act). 

8 The Attorney General, the Secretary of the Treasury, or 

9 the Postal Service, as the case may be, shall ensure the 

10 equitable transfer pursuant to paragraph (2) of any for11 feited property to the appropriate State or local law en12 forcement agency so as to reflect generally the contribu13 tion of any such agency participating directly in any of 

14 the acts which led to the seizure or forfeiture of such prop15 erty. A decision by the Attorney General, the Secretary 

16 of the Treasury, or the Postal Service pursuant to para17 graph (2) shall not be subject to review. The United States 

18 shall not be liable in any action arising out of the use of 

19 any property the custody of which was transferred pursu20 ant to this section to any non-Federal agency. The Attor21 ney General, the Secretary of the Treasury, or the Postal 

22 Service may order the discontinuance of any forfeiture 

23 proceedings under this section in favor of the institution 

24 of forfeiture proceedings by State or local authorities 

25 under an appropriate State or local statute. After the filVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01087 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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•HR 1860 IH

1 ing of a complaint for forfeiture under this section, the 

2 Attorney General may seek dismissal of the complaint in 

3 favor of forfeiture proceedings under State or local law. 

4 Whenever forfeiture proceedings are discontinued by the 

5 United States in favor of State or local proceedings, the 

6 United States may transfer custody and possession of the 

7 seized property to the appropriate State or local official 

8 immediately upon the initiation of the proper actions by 

9 such officials. Whenever forfeiture proceedings are discon10 tinued by the United States in favor of State or local pro11 ceedings, notice shall be sent to all known interested par12 ties advising them of the discontinuance or dismissal. The 

13 United States shall not be liable in any action arising out 

14 of the seizure, detention, and transfer of seized property 

15 to State or local officials. The United States shall not be 

16 liable in any action arising out of a transfer under para17 graph (3), (4), or (5) of this subsection. 

18 ‘‘(e) STAYS.— 

19 ‘‘(1) Upon the motion of the United States, the 

20 court shall stay the civil forfeiture proceeding if the 

21 court determines that civil discovery will adversely 

22 affect the ability of the Government to conduct a re23 lated criminal investigation or the prosecution of a 

24 related criminal case. 


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1 ‘‘(2) Upon the motion of a claimant, the court 

2 shall stay the civil forfeiture proceeding with respect 

3 to that claimant if the court determines that— 

4 ‘‘(A) the claimant is the subject of a re5 lated criminal investigation or case; 

6 ‘‘(B) the claimant has standing to assert a 

7 claim in the civil forfeiture proceeding; and 

8 ‘‘(C) continuation of the forfeiture pro9 ceeding will burden the right of the claimant 

10 against self-incrimination in the related inves11 tigation or case. 

12 ‘‘(3) With respect to the impact of civil dis13 covery described in paragraphs (1) and (2), the 

14 court may determine that a stay is unnecessary if a 

15 protective order limiting discovery would protect the 

16 interest of one party without unfairly limiting the 

17 ability of the opposing party to pursue the civil case. 

18 In no case, however, shall the court impose a protec19 tive order as an alternative to a stay if the effect of 

20 such protective order would be to allow one party to 

21 pursue discovery while the other party is substan22 tially unable to do so. 

23 ‘‘(4) In this subsection, the terms ‘related 

24 criminal case’ and ‘related criminal investigation’ 

25 mean an actual prosecution or investigation in 


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•HR 1860 IH

1 progress at the time at which the request for the 

2 stay, or any subsequent motion to lift the stay is 

3 made. In determining whether a criminal case or in4 vestigation is ‘related’ to a civil forfeiture pro5 ceeding, the court shall consider the degree of simi6 larity between the parties, witnesses, facts, and cir7 cumstances involved in the two proceedings, without 

8 requiring an identity with respect to any one or 

9 more factors. 

10 ‘‘(5) In requesting a stay under paragraph (1), 

11 the Government may, in appropriate cases, submit 

12 evidence ex parte in order to avoid disclosing any 

13 matter that may adversely affect an ongoing crimi14 nal investigation or pending criminal trial. 

15 ‘‘(6) Whenever a civil forfeiture proceeding is 

16 stayed pursuant to this subsection, the court shall 

17 enter any order necessary to preserve the value of 

18 the property or to protect the rights of lienholders 

19 or other persons with an interest in the property 

20 while the stay is in effect. 

21 ‘‘(7) A determination by the court that the 

22 claimant has standing to request a stay pursuant to 

23 paragraph (2) applies only to this subsection and 

24 does not preclude the Government from objecting to 


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•HR 1860 IH

1 the standing of the claimant by dispositive motion or 

2 at the time of trial. 

3 ‘‘(f) VENUE.—In addition to the venue provided for 

4 in section 1395 of title 28 or any other provision of law, 

5 in the case of property of a defendant charged with a viola6 tion that is the basis for forfeiture of the property under 

7 this section, a proceeding for forfeiture under this section 

8 may be brought in the judicial district in which the defend9 ant owning such property is found or in the judicial dis10 trict in which the criminal prosecution is brought. 

11 ‘‘(g) DISPOSITION.— 

12 ‘‘(1) Whenever property is forfeited under this 

13 subchapter, the Attorney General or the Secretary of 

14 the Treasury, as the case may be, may transfer the 

15 forfeited personal property or the proceeds of the 

16 sale of any forfeited personal or real property to any 

17 foreign country which participated directly or indi18 rectly in the seizure or forfeiture of the property, if 

19 such a transfer— 

20 ‘‘(A) has been agreed to by the Secretary 

21 of State; 

22 ‘‘(B) is authorized in an international 

23 agreement between the United States and the 

24 foreign country; and 


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•HR 1860 IH

1 ‘‘(C) is made to a country which, if appli2 cable, has been certified under section 

3 490(a)(1) of the Foreign Assistance Act of 

4 1961. 

5 A decision by the Attorney General or the Secretary 

6 of the Treasury pursuant to this paragraph shall not 

7 be subject to review. The foreign country shall, in 

8 the event of a transfer of property or proceeds of 

9 sale of property under this subsection, bear all ex10 penses incurred by the United States in the seizure, 

11 maintenance, inventory, storage, forfeiture, and dis12 position of the property, and all transfer costs. The 

13 payment of all such expenses, and the transfer of as14 sets pursuant to this paragraph, shall be upon such 

15 terms and conditions as the Attorney General or the 

16 Secretary of the Treasury may, in his discretion, set. 

17 ‘‘(2) This section does not limit or supersede 

18 any other authority of the United States to provide 

19 assistance to a foreign country in obtaining property 

20 related to a crime committed in the foreign country, 

21 including property which is sought as evidence of a 

22 crime committed in the foreign country. 

23 ‘‘(3) A certified order or judgment of forfeiture 

24 by a court of competent jurisdiction of a foreign 

25 country concerning property which is the subject of 


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•HR 1860 IH

1 forfeiture under this section and was determined by 

2 such court to be the type of property described in 

3 section 2551(b)(2), and any certified recordings or 

4 transcripts of testimony taken in a foreign judicial 

5 proceeding concerning such order or judgment of 

6 forfeiture, shall be admissible in evidence in a pro7 ceeding brought pursuant to this section. Such cer8 tified order or judgment of forfeiture, when admitted 

9 into evidence, shall constitute probable cause that 

10 the property forfeited by such order or judgment of 

11 forfeiture is subject to forfeiture under this section 

12 and creates a rebuttable presumption of the forfeit13 ability of such property under this section. 

14 ‘‘(4) A certified order or judgment of conviction 

15 by a court of competent jurisdiction of a foreign 

16 country concerning an unlawful drug activity which 

17 gives rise to forfeiture under this section and any 

18 certified recordings or transcripts of testimony taken 

19 in a foreign judicial proceeding concerning such 

20 order or judgment of conviction shall be admissible 

21 in evidence in a proceeding brought pursuant to this 

22 section. Such certified order or judgment of convic23 tion, when admitted into evidence, creates a rebutta24 ble presumption that the unlawful drug activity giv25 ing rise to forfeiture under this section has occurred. 


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1 ‘‘(5) Paragraphs (3) and (4) do not limit the 

2 admissibility of any evidence otherwise admissible, or 

3 the ability of the United States to establish probable 

4 cause that property is subject to forfeiture by any 

5 evidence otherwise admissible. 

6 ‘‘(h) DEFINITIONS.—As used in this section— 

7 ‘‘(1) the term ‘Attorney General’ means the At8 torney General or his delegate; and 

9 ‘‘(2) the term ‘Secretary of the Treasury’ 

10 means the Secretary of the Treasury or his delegate. 

11 ‘‘(i) INTERBANK ACCOUNTS.— 

12 ‘‘(1) IN GENERAL.— 

13 ‘‘(A) IN GENERAL.—For the purpose of a 

14 forfeiture under this section, if funds are depos15 ited into an account at a foreign financial insti16 tution, and that foreign financial institution has 

17 an interbank account in the United States with 

18 a covered financial institution (as defined in 

19 section 5318(j)(1) of title 31), the funds shall 

20 be deemed to have been deposited into the 

21 interbank account in the United States, and 

22 any restraining order, seizure warrant, or arrest 

23 warrant in rem regarding the funds may be 

24 served on the covered financial institution, and 

25 funds in the interbank account, up to the value 


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•HR 1860 IH

1 of the funds deposited into the account at the 

2 foreign financial institution, may be restrained, 

3 seized, or arrested. 

4 ‘‘(B) AUTHORITY TO SUSPEND.—The At5 torney General, in consultation with the Sec6 retary of the Treasury, may suspend or termi7 nate a forfeiture under this section if the Attor8 ney General determines that a conflict of law 

9 exists between the laws of the jurisdiction in 

10 which the foreign financial institution is located 

11 and the laws of the United States with respect 

12 to liabilities arising from the restraint, seizure, 

13 or arrest of such funds, and that such suspen14 sion or termination would be in the interest of 

15 justice and would not harm the national inter16 ests of the United States. 

17 ‘‘(2) NO REQUIREMENT FOR GOVERNMENT TO

18 TRACE FUNDS.—If a forfeiture action is brought 

19 against funds that are restrained, seized, or arrested 

20 under paragraph (1), it shall not be necessary for 

21 the Government to establish that the funds are di22 rectly traceable to the funds that were deposited into 

23 the foreign financial institution, nor shall it be nec24 essary for the Government to rely on the application 

25 of section 2554. 


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•HR 1860 IH

1 ‘‘(3) CLAIMS BROUGHT BY OWNER OF THE

2 FUNDS.—If a forfeiture action is instituted against 

3 funds restrained, seized, or arrested under para4 graph (1), the owner of the funds deposited into the 

5 account at the foreign financial institution may con6 test the forfeiture by filing a claim under section 

7 2553. 

8 ‘‘(4) DEFINITIONS.—For purposes of this sub9 section, the following definitions apply: 

10 ‘‘(A) INTERBANK ACCOUNT.—The term 

11 ‘interbank account’ has the same meaning as in 

12 section 2554(c)(2)(B). 

13 ‘‘(B) OWNER.— 

14 ‘‘(i) IN GENERAL.—Except as pro15 vided in clause (ii), the term ‘owner’— 

16 ‘‘(I) means the person who was 

17 the owner, as that term is defined in 

18 section 2553(d)(6), of the funds that 

19 were deposited into the foreign finan20 cial institution at the time such funds 

21 were deposited; and 

22 ‘‘(II) does not include either the 

23 foreign financial institution or any fi24 nancial institution acting as an interVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01096 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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•HR 1860 IH

1 mediary in the transfer of the funds 

2 into the interbank account. 

3 ‘‘(ii) EXCEPTION.—The foreign finan4 cial institution may be considered the 

5 ‘owner’ of the funds (and no other person 

6 shall qualify as the owner of such funds) 

7 only if— 

8 ‘‘(I) the basis for the forfeiture 

9 action is wrongdoing committed by 

10 the foreign financial institution; or 

11 ‘‘(II) the foreign financial institu12 tion establishes, by a preponderance 

13 of the evidence, that prior to the re14 straint, seizure, or arrest of the funds, 

15 the foreign financial institution had 

16 discharged all or part of its obligation 

17 to the prior owner of the funds, in 

18 which case the foreign financial insti19 tution shall be deemed the owner of 

20 the funds to the extent of such dis21 charged obligation. 

22 ‘‘(C) FOREIGN FINANCIAL INSTITUTION.— 

23 The term ‘foreign financial institution’ includes 

24 a foreign bank as defined in section 1(b)(7) of 

25 the International Banking Act of 1978. 


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•HR 1860 IH

1 ‘‘§ 2553. General rules for civil forfeiture proceedings 

2 ‘‘(a) NOTICE; CLAIM; COMPLAINT.— 

3 ‘‘(1)(A)(i) Except as provided in clauses (ii) 

4 through (v), in any nonjudicial civil forfeiture pro5 ceeding under a civil forfeiture statute, with respect 

6 to which the Government is required to send written 

7 notice to interested parties, such notice shall be sent 

8 in a manner to achieve proper notice as soon as 

9 practicable, and in no case more than 60 days after 

10 the date of the seizure. 

11 ‘‘(ii) No notice is required if, before the 60-day 

12 period expires, the Government files a civil judicial 

13 forfeiture action against the property and provides 

14 notice of that action as required by law. 

15 ‘‘(iii) If, before the 60-day period expires, the 

16 Government does not file a civil judicial forfeiture 

17 action, but does obtain a criminal indictment con18 taining an allegation that the property is subject to 

19 forfeiture, the Government shall either— 

20 ‘‘(I) send notice within the 60 days and 

21 continue the nonjudicial civil forfeiture pro22 ceeding under this section; or 

23 ‘‘(II) terminate the nonjudicial civil for24 feiture proceeding, and take the steps necessary 

25 to preserve its right to maintain custody of the 


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•HR 1860 IH

1 property as provided in the applicable criminal 

2 forfeiture statute. 

3 ‘‘(iv) In a case in which the property is seized 

4 by a State or local law enforcement agency and 

5 turned over to a Federal law enforcement agency for 

6 the purpose of forfeiture under Federal law, notice 

7 shall be sent not more than 90 days after the date 

8 of seizure by the State or local law enforcement 

9 agency. 

10 ‘‘(v) If the identity or interest of a party is not 

11 determined until after the seizure or turnover but is 

12 determined before a declaration of forfeiture is en13 tered, notice shall be sent to such interested party 

14 not later than 60 days after the determination by 

15 the Government of the identity of the party or the 

16 party’s interest. 

17 ‘‘(B) A supervisory official in the headquarters 

18 office of the seizing agency may extend the period 

19 for sending notice under subparagraph (A) for a pe20 riod not to exceed 30 days (which period may not be 

21 further extended except by a court), if the official 

22 determines that the conditions in subparagraph (D) 

23 are present. 

24 ‘‘(C) Upon motion by the Government, a court 

25 may extend the period for sending notice under subVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01099 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 paragraph (A) for a period not to exceed 60 days, 

2 which period may be further extended by the court 

3 for 60-day periods, as necessary, if the court deter4 mines, based on a written certification of a super5 visory official in the headquarters office of the seiz6 ing agency, that the conditions in subparagraph (D) 

7 are present. 

8 ‘‘(D) The period for sending notice under this 

9 paragraph may be extended only if there is reason 

10 to believe that notice may have an adverse result, in11 cluding— 

12 ‘‘(i) endangering the life or physical safety 

13 of an individual; 

14 ‘‘(ii) flight from prosecution; 

15 ‘‘(iii) destruction of or tampering with evi16 dence; 

17 ‘‘(iv) intimidation of potential witnesses; or 

18 ‘‘(v) otherwise seriously jeopardizing an in19 vestigation or unduly delaying a trial. 

20 ‘‘(E) Each of the Federal seizing agencies con21 ducting nonjudicial forfeitures under this section 

22 shall report periodically to the Committees on the 

23 Judiciary of the House of Representatives and the 

24 Senate the number of occasions when an extension 

25 of time is granted under subparagraph (B). 


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•HR 1860 IH

1 ‘‘(F) If the Government does not send notice of 

2 a seizure of property in accordance with subpara3 graph (A) to the person from whom the property 

4 was seized, and no extension of time is granted, the 

5 Government shall return the property to that person 

6 without prejudice to the right of the Government to 

7 commence a forfeiture proceeding at a later time. 

8 The Government shall not be required to return con9 traband or other property that the person from 

10 whom the property was seized may not legally pos11 sess. 

12 ‘‘(2)(A) Any person claiming property seized in 

13 a nonjudicial civil forfeiture proceeding under a civil 

14 forfeiture statute may file a claim with the appro15 priate official after the seizure. 

16 ‘‘(B) A claim under subparagraph (A) may be 

17 filed not later than the deadline set forth in a per18 sonal notice letter (which deadline may be not earlier 

19 than 35 days after the date the letter is mailed), ex20 cept that if that letter is not received, then a claim 

21 may be filed not later than 30 days after the date 

22 of final publication of notice of seizure. 

23 ‘‘(C) A claim shall— 

24 ‘‘(i) identify the specific property being 

25 claimed; 


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•HR 1860 IH

1 ‘‘(ii) state the claimant’s interest in such 

2 property; and 

3 ‘‘(iii) be made under oath, subject to pen4 alty of perjury. 

5 ‘‘(D) A claim need not be made in any par6 ticular form. Each Federal agency conducting non7 judicial forfeitures under this section shall make 

8 claim forms generally available on request, which 

9 forms shall be written in easily understandable lan10 guage. 

11 ‘‘(E) Any person may make a claim under sub12 paragraph (A) without posting bond with respect to 

13 the property which is the subject of the claim. 

14 ‘‘(3)(A) Not later than 90 days after a claim 

15 has been filed, the Government shall file a complaint 

16 for forfeiture in the manner set forth in the Supple17 mental Rules for Certain Admiralty and Maritime 

18 Claims or return the property pending the filing of 

19 a complaint, except that a court in the district in 

20 which the complaint will be filed may extend the pe21 riod for filing a complaint for good cause shown or 

22 upon agreement of the parties. 

23 ‘‘(B) If the Government does not— 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 1860 IH

1 ‘‘(i) file a complaint for forfeiture or re2 turn the property, in accordance with subpara3 graph (A); or 

4 ‘‘(ii) before the time for filing a complaint 

5 has expired— 

6 ‘‘(I) obtain a criminal indictment con7 taining an allegation that the property is 

8 subject to forfeiture; and 

9 ‘‘(II) take the steps necessary to pre10 serve its right to maintain custody of the 

11 property as provided in the applicable 

12 criminal forfeiture statute, 

13 the Government shall promptly release the property 

14 pursuant to regulations promulgated by the Attorney 

15 General, and may not take any further action to ef16 fect the civil forfeiture of such property in connec17 tion with the underlying offense. 

18 ‘‘(C) In lieu of, or in addition to, filing a civil 

19 forfeiture complaint, the Government may include a 

20 forfeiture allegation in a criminal indictment. If 

21 criminal forfeiture is the only forfeiture proceeding 

22 commenced by the Government, the Government’s 

23 right to continued possession of the property shall be 

24 governed by the applicable criminal forfeiture stat25 ute. 


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•HR 1860 IH

1 ‘‘(D) No complaint may be dismissed on the 

2 ground that the Government did not have adequate 

3 evidence at the time the complaint was filed to es4 tablish the forfeitability of the property. 

5 ‘‘(4)(A) In any case in which the Government 

6 files in the appropriate United States district court 

7 a complaint for forfeiture of property, any person 

8 claiming an interest in the seized property may file 

9 a claim asserting such person’s interest in the prop10 erty in the manner set forth in the Supplemental 

11 Rules for Certain Admiralty and Maritime Claims, 

12 except that such claim may be filed not later than 

13 30 days after the date of service of the Govern14 ment’s complaint or, as applicable, not later than 30 

15 days after the date of final publication of notice of 

16 the filing of the complaint. 

17 ‘‘(B) A person asserting an interest in seized 

18 property, in accordance with subparagraph (A), shall 

19 file an answer to the Government’s complaint for 

20 forfeiture not later than 20 days after the date of 

21 the filing of the claim. 

22 ‘‘(b) REPRESENTATION.— 

23 ‘‘(1)(A) If a person with standing to contest the 

24 forfeiture of property in a judicial civil forfeiture 

25 proceeding under a civil forfeiture statute is finanVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01104 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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•HR 1860 IH

1 cially unable to obtain representation by counsel, 

2 and the person is represented by counsel appointed 

3 under section 3006A in connection with a related 

4 criminal case, the court may authorize counsel to 

5 represent that person with respect to the claim. 

6 ‘‘(B) In determining whether to authorize coun7 sel to represent a person under subparagraph (A), 

8 the court shall take into account such factors as— 

9 ‘‘(i) the person’s standing to contest the 

10 forfeiture; and 

11 ‘‘(ii) whether the claim appears to be made 

12 in good faith. 

13 ‘‘(2)(A) If a person with standing to contest the 

14 forfeiture of property in a judicial civil forfeiture 

15 proceeding under a civil forfeiture statute is finan16 cially unable to obtain representation by counsel, 

17 and the property subject to forfeiture is real prop18 erty that is being used by the person as a primary 

19 residence, the court, at the request of the person, 

20 shall insure that the person is represented by an at21 torney for the Legal Services Corporation with re22 spect to the claim. 

23 ‘‘(B)(i) At appropriate times during a represen24 tation under subparagraph (A), the Legal Services 


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•HR 1860 IH

1 Corporation shall submit a statement of reasonable 

2 attorney fees and costs to the court. 

3 ‘‘(ii) The court shall enter a judgment in favor 

4 of the Legal Services Corporation for reasonable at5 torney fees and costs submitted pursuant to clause 

6 (i) and treat such judgment as payable under section 

7 2465 of title 28, regardless of the outcome of the 

8 case. 

9 ‘‘(3) The court shall set the compensation for 

10 representation under this subsection, which shall be 

11 equivalent to that provided for court-appointed rep12 resentation under section 3006A. 

13 ‘‘(c) BURDEN OF PROOF.—In a suit or action 

14 brought under any civil forfeiture statute for the civil for15 feiture of any property— 

16 ‘‘(1) the burden of proof is on the Government 

17 to establish, by a preponderance of the evidence, 

18 that the property is subject to forfeiture; 

19 ‘‘(2) the Government may use evidence gath20 ered after the filing of a complaint for forfeiture to 

21 establish, by a preponderance of the evidence, that 

22 property is subject to forfeiture; and 

23 ‘‘(3) if the Government’s theory of forfeiture is 

24 that the property was used to commit or facilitate 

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•HR 1860 IH

1 volved in the commission of a criminal offense, the 

2 Government shall establish that there was a substan3 tial connection between the property and the offense. 

4 ‘‘(d) INNOCENT OWNER DEFENSE.— 

5 ‘‘(1) An innocent owner’s interest in property 

6 shall not be forfeited under any civil forfeiture stat7 ute. The claimant shall have the burden of proving 

8 that the claimant is an innocent owner by a prepon9 derance of the evidence. 

10 ‘‘(2)(A) With respect to a property interest in 

11 existence at the time the illegal conduct giving rise 

12 to forfeiture took place, the term ‘innocent owner’ 

13 means an owner who— 

14 ‘‘(i) did not know of the conduct giving 

15 rise to forfeiture; or 

16 ‘‘(ii) upon learning of the conduct giving 

17 rise to the forfeiture, did all that reasonably 

18 could be expected under the circumstances to 

19 terminate such use of the property. 

20 ‘‘(B)(i) For the purposes of this paragraph, 

21 ways in which a person may show that such person 

22 did all that reasonably could be expected may in23 clude demonstrating that such person, to the extent 

24 permitted by law— 


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•HR 1860 IH

1 ‘‘(I) gave timely notice to an appropriate 

2 law enforcement agency of information that led 

3 the person to know the conduct giving rise to 

4 a forfeiture would occur or has occurred; and 

5 ‘‘(II) in a timely fashion revoked or made 

6 a good faith attempt to revoke permission for 

7 those engaging in such conduct to use the prop8 erty or took reasonable actions in consultation 

9 with a law enforcement agency to discourage or 

10 prevent the illegal use of the property. 

11 ‘‘(ii) A person is not required by this subpara12 graph to take steps that the person reasonably be13 lieves would be likely to subject any person (other 

14 than the person whose conduct gave rise to the for15 feiture) to physical danger. 

16 ‘‘(3)(A) With respect to a property interest ac17 quired after the conduct giving rise to the forfeiture 

18 has taken place, the term ‘innocent owner’ means a 

19 person who, at the time that person acquired the in20 terest in the property— 

21 ‘‘(i) was a bona fide purchaser or seller for 

22 value (including a purchaser or seller of goods 

23 or services for value); and 


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•HR 1860 IH

1 ‘‘(ii) did not know and was reasonably 

2 without cause to believe that the property was 

3 subject to forfeiture. 

4 ‘‘(B) An otherwise valid claim under subpara5 graph (A) shall not be denied on the ground that the 

6 claimant gave nothing of value in exchange for the 

7 property if— 

8 ‘‘(i) the property is the primary residence 

9 of the claimant; 

10 ‘‘(ii) depriving the claimant of the property 

11 would deprive the claimant of the means to 

12 maintain reasonable shelter in the community 

13 for the claimant and all dependents residing 

14 with the claimant; 

15 ‘‘(iii) the property is not, and is not trace16 able to, the proceeds of any criminal offense; 

17 and 

18 ‘‘(iv) the claimant acquired his or her in19 terest in the property through marriage, di20 vorce, or legal separation, or the claimant was 

21 the spouse or legal dependent of a person whose 

22 death resulted in the transfer of the property to 

23 the claimant through inheritance or probate, 

24 except that the court shall limit the value of any real 

25 property interest for which innocent ownership is 


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•HR 1860 IH

1 recognized under this subparagraph to the value nec2 essary to maintain reasonable shelter in the commu3 nity for such claimant and all dependents residing 

4 with the claimant. 

5 ‘‘(4) Notwithstanding any provision of this sub6 section, no person may assert an ownership interest 

7 under this subsection in contraband or other prop8 erty that it is illegal to possess. 

9 ‘‘(5) If the court determines, in accordance with 

10 this section, that an innocent owner has a partial in11 terest in property otherwise subject to forfeiture, or 

12 a joint tenancy or tenancy by the entirety in such 

13 property, the court may enter an appropriate 

14 order— 

15 ‘‘(A) severing the property; 

16 ‘‘(B) transferring the property to the Gov17 ernment with a provision that the Government 

18 compensate the innocent owner to the extent of 

19 his or her ownership interest once a final order 

20 of forfeiture has been entered and the property 

21 has been reduced to liquid assets; or 

22 ‘‘(C) permitting the innocent owner to re23 tain the property subject to a lien in favor of 

24 the Government to the extent of the forfeitable 

25 interest in the property. 


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•HR 1860 IH

1 ‘‘(6) In this subsection, the term ‘owner’— 

2 ‘‘(A) means a person with an ownership in3 terest in the specific property sought to be for4 feited, including a leasehold, lien, mortgage, re5 corded security interest, or valid assignment of 

6 an ownership interest; and 

7 ‘‘(B) does not include— 

8 ‘‘(i) a person with only a general un9 secured interest in, or claim against, the 

10 property or estate of another; 

11 ‘‘(ii) a bailee unless the bailor is iden12 tified and the bailee shows a colorable le13 gitimate interest in the property seized; or 

14 ‘‘(iii) a nominee who exercises no do15 minion or control over the property. 

16 ‘‘(e) MOTION TO SET ASIDE FORFEITURE.— 

17 ‘‘(1) Any person entitled to written notice in 

18 any nonjudicial civil forfeiture proceeding under a 

19 civil forfeiture statute who does not receive such no20 tice may file a motion to set aside a declaration of 

21 forfeiture with respect to that person’s interest in 

22 the property, which motion shall be granted if— 

23 ‘‘(A) the Government knew, or reasonably 

24 should have known, of the moving party’s interVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01111 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 est and failed to take reasonable steps to pro2 vide such party with notice; and 

3 ‘‘(B) the moving party did not know or 

4 have reason to know of the seizure within suffi5 cient time to file a timely claim. 

6 ‘‘(2)(A) Notwithstanding the expiration of any 

7 applicable statute of limitations, if the court grants 

8 a motion under paragraph (1), the court shall set 

9 aside the declaration of forfeiture as to the interest 

10 of the moving party without prejudice to the right 

11 of the Government to commence a subsequent for12 feiture proceeding as to the interest of the moving 

13 party. 

14 ‘‘(B) Any proceeding described in subparagraph 

15 (A) shall be commenced— 

16 ‘‘(i) if nonjudicial, within 60 days of the 

17 entry of the order granting the motion; or 

18 ‘‘(ii) if judicial, within 6 months of the 

19 entry of the order granting the motion. 

20 ‘‘(3) A motion under paragraph (1) may be 

21 filed not later than 5 years after the date of final 

22 publication of notice of seizure of the property. 

23 ‘‘(4) If, at the time a motion made under para24 graph (1) is granted, the forfeited property has been 

25 disposed of by the Government in accordance with 


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1 law, the Government may institute proceedings 

2 against a substitute sum of money equal to the value 

3 of the moving party’s interest in the property at the 

4 time the property was disposed of. 

5 ‘‘(5) A motion filed under this subsection shall 

6 be the exclusive remedy for seeking to set aside a 

7 declaration of forfeiture under a civil forfeiture stat8 ute. 

9 ‘‘(f) RELEASE OF SEIZED PROPERTY.— 

10 ‘‘(1) A claimant under subsection (a) is entitled 

11 to immediate release of seized property if— 

12 ‘‘(A) the claimant has a possessory interest 

13 in the property; 

14 ‘‘(B) the claimant has sufficient ties to the 

15 community to provide assurance that the prop16 erty will be available at the time of the trial; 

17 ‘‘(C) the continued possession by the Gov18 ernment pending the final disposition of for19 feiture proceedings will cause substantial hard20 ship to the claimant, such as preventing the 

21 functioning of a business, preventing an indi22 vidual from working, or leaving an individual 

23 homeless; 

24 ‘‘(D) the claimant’s likely hardship from 

25 the continued possession by the Government of 


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1 the seized property outweighs the risk that the 

2 property will be destroyed, damaged, lost, con3 cealed, or transferred if it is returned to the 

4 claimant during the pendency of the proceeding; 

5 and 

6 ‘‘(E) none of the conditions set forth in 

7 paragraph (8) applies. 

8 ‘‘(2) A claimant seeking release of property 

9 under this subsection must request possession of the 

10 property from the appropriate official, and the re11 quest must set forth the basis on which the require12 ments of paragraph (1) are met. 

13 ‘‘(3)(A) If not later than 15 days after the date 

14 of a request under paragraph (2) the property has 

15 not been released, the claimant may file a petition 

16 in the district court in which the complaint has been 

17 filed or, if no complaint has been filed, in the dis18 trict court in which the seizure warrant was issued 

19 or in the district court for the district in which the 

20 property was seized. 

21 ‘‘(B) The petition described in subparagraph 

22 (A) shall set forth— 

23 ‘‘(i) the basis on which the requirements of 

24 paragraph (1) are met; and 


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1 ‘‘(ii) the steps the claimant has taken to 

2 secure release of the property from the appro3 priate official. 

4 ‘‘(4) If the Government establishes that the 

5 claimant’s claim is frivolous, the court shall deny the 

6 petition. In responding to a petition under this sub7 section on other grounds, the Government may in 

8 appropriate cases submit evidence ex parte in order 

9 to avoid disclosing any matter that may adversely 

10 affect an ongoing criminal investigation or pending 

11 criminal trial. 

12 ‘‘(5) The court shall render a decision on a pe13 tition filed under paragraph (3) not later than 30 

14 days after the date of the filing, unless such 30-day 

15 limitation is extended by consent of the parties or by 

16 the court for good cause shown. 

17 ‘‘(6) If— 

18 ‘‘(A) a petition is filed under paragraph 

19 (3); and 

20 ‘‘(B) the claimant demonstrates that the 

21 requirements of paragraph (1) have been met, 

22 the district court shall order that the property be re23 turned to the claimant, pending completion of pro24 ceedings by the Government to obtain forfeiture of 

25 the property. 


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1 ‘‘(7) If the court grants a petition under para2 graph (3)— 

3 ‘‘(A) the court may enter any order nec4 essary to ensure that the value of the property 

5 is maintained while the forfeiture action is 

6 pending, including— 

7 ‘‘(i) permitting the inspection, 

8 photographing, and inventory of the prop9 erty; 

10 ‘‘(ii) fixing a bond in accordance with 

11 rule E(5) of the Supplemental Rules for 

12 Certain Admiralty and Maritime Claims; 

13 and 

14 ‘‘(iii) requiring the claimant to obtain 

15 or maintain insurance on the subject prop16 erty; and 

17 ‘‘(B) the Government may place a lien 

18 against the property or file a lis pendens to en19 sure that the property is not transferred to an20 other person. 

21 ‘‘(8) This subsection does not apply if the 

22 seized property— 

23 ‘‘(A) is contraband, currency, or other 

24 monetary instrument, or electronic funds unless 

25 such currency or other monetary instrument or 


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1 electronic funds constitutes the assets of a le2 gitimate business which has been seized; 

3 ‘‘(B) is to be used as evidence of a viola4 tion of the law; 

5 ‘‘(C) by reason of design or other char6 acteristic, is particularly suited for use in illegal 

7 activities; or 

8 ‘‘(D) is likely to be used to commit addi9 tional criminal acts if returned to the claimant. 

10 ‘‘(g) PROPORTIONALITY.— 

11 ‘‘(1) The claimant under subsection (a)(4) may 

12 petition the court to determine whether the for13 feiture was constitutionally excessive. 

14 ‘‘(2) In making this determination, the court 

15 shall compare the forfeiture to the gravity of the of16 fense giving rise to the forfeiture. 

17 ‘‘(3) The claimant shall have the burden of es18 tablishing that the forfeiture is grossly dispropor19 tional by a preponderance of the evidence at a hear20 ing conducted by the court without a jury. 

21 ‘‘(4) If the court finds that the forfeiture is 

22 grossly disproportional to the offense it shall reduce 

23 or eliminate the forfeiture as necessary to avoid a 

24 violation of the Excessive Fines Clause of the Eighth 

25 Amendment of the Constitution. 


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1 ‘‘(h) CIVIL FINE.— 

2 ‘‘(1) In any civil forfeiture proceeding under a 

3 civil forfeiture statute in which the Government pre4 vails, if the court finds that the claimant’s assertion 

5 of an interest in the property was frivolous, the 

6 court may impose a civil fine on the claimant of an 

7 amount equal to 10 percent of the value of the for8 feited property, but in no event shall the fine be less 

9 than $250 or greater than $5,000. 

10 ‘‘(2) Any civil fine imposed under this sub11 section shall not preclude the court from imposing 

12 sanctions under rule 11 of the Federal Rules of Civil 

13 Procedure. 

14 ‘‘(3) In addition to the limitations of section 

15 1915 of title 28, in no event shall a prisoner file a 

16 claim under a civil forfeiture statute or appeal a 

17 judgment in a civil action or proceeding based on a 

18 civil forfeiture statute if the prisoner has, on three 

19 or more prior occasions, while incarcerated or de20 tained in any facility, brought an action or appeal in 

21 a court of the United States that was dismissed on 

22 the grounds that it is frivolous or malicious, unless 

23 the prisoner shows extraordinary and exceptional cir24 cumstances. 


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1 ‘‘(i) CIVIL FORFEITURE STATUTE DEFINED.—In 

2 this section, the term ‘civil forfeiture statute’— 

3 ‘‘(1) means any provision of Federal law pro4 viding for the forfeiture of property other than as a 

5 sentence imposed upon conviction of a criminal of6 fense; and 

7 ‘‘(2) does not include— 

8 ‘‘(A) the Tariff Act of 1930 or any other 

9 provision of law codified in title 19; 

10 ‘‘(B) the Internal Revenue Code of 1986; 

11 ‘‘(C) the Federal Food, Drug, and Cos12 metic Act; 

13 ‘‘(D) the Trading with the Enemy Act or 

14 the International Emergency Economic Powers 

15 Act (IEEPA); or 

16 ‘‘(E) section 1 of title VI of the Act of 

17 June 15, 1917 (40 Stat. 233). 

18 ‘‘(j) RESTRAINING ORDERS; PROTECTIVE ORDERS.— 

19 ‘‘(1) Upon application of the United States, the 

20 court may enter a restraining order or injunction, 

21 require the execution of satisfactory performance 

22 bonds, create receiverships, appoint conservators, 

23 custodians, appraisers, accountants, or trustees, or 

24 take any other action to seize, secure, maintain, or 


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1 preserve the availability of property subject to civil 

2 forfeiture— 

3 ‘‘(A) upon the filing of a civil forfeiture 

4 complaint alleging that the property with re5 spect to which the order is sought is subject to 

6 civil forfeiture; or 

7 ‘‘(B) prior to the filing of such a com8 plaint, if, after notice to persons appearing to 

9 have an interest in the property and oppor10 tunity for a hearing, the court determines 

11 that— 

12 ‘‘(i) there is a substantial probability 

13 that the United States will prevail on the 

14 issue of forfeiture and that failure to enter 

15 the order will result in the property being 

16 destroyed, removed from the jurisdiction of 

17 the court, or otherwise made unavailable 

18 for forfeiture; and 

19 ‘‘(ii) the need to preserve the avail20 ability of the property through the entry of 

21 the requested order outweighs the hardship 

22 on any party against whom the order is to 

23 be entered. 

24 ‘‘(2) An order entered pursuant to paragraph 

25 (1)(B) shall be effective for not more than 90 days, 


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1 unless extended by the court for good cause shown, 

2 or unless a complaint described in paragraph (1)(A) 

3 has been filed. 

4 ‘‘(3) A temporary restraining order under this 

5 subsection may be entered upon application of the 

6 United States without notice or opportunity for a 

7 hearing when a complaint has not yet been filed with 

8 respect to the property, if the United States dem9 onstrates that there is probable cause to believe that 

10 the property with respect to which the order is 

11 sought is subject to civil forfeiture and that provi12 sion of notice will jeopardize the availability of the 

13 property for forfeiture. Such a temporary order shall 

14 expire not more than 14 days after the date on 

15 which it is entered, unless extended for good cause 

16 shown or unless the party against whom it is entered 

17 consents to an extension for a longer period. A hear18 ing requested concerning an order entered under this 

19 paragraph shall be held at the earliest possible time 

20 and prior to the expiration of the temporary order. 

21 ‘‘(4) The court may receive and consider, at a 

22 hearing held pursuant to this subsection, evidence 

23 and information that would be inadmissible under 

24 the Federal Rules of Evidence. 


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1 ‘‘§ 2554. Civil forfeiture of fungible property 

2 ‘‘(a) GENERALLY.— 

3 ‘‘(1) In any forfeiture action in rem in which 

4 the subject property is cash, monetary instruments 

5 in bearer form, funds deposited in an account in a 

6 financial institution or precious metals— 

7 ‘‘(A) it shall not be necessary for the Gov8 ernment to identify the specific property in9 volved in the offense that is the basis for the 

10 forfeiture; and 

11 ‘‘(B) it shall not be a defense that the 

12 property involved in such an offense has been 

13 removed and replaced by identical property. 

14 ‘‘(2) Except as provided in subsection (b), any 

15 identical property found in the same place or ac16 count as the property involved in the offense that is 

17 the basis for the forfeiture shall be subject to for18 feiture under this section. 

19 ‘‘(b) LIMITATION.—No action pursuant to this sec20 tion to forfeit property not traceable directly to the offense 

21 that is the basis for the forfeiture may be commenced 

22 more than 1 year from the date of the offense. 

23 ‘‘(c) EXCEPTION.— 

24 ‘‘(1) Subsection (a) does not apply to an action 

25 against funds held by a financial institution in an 

26 interbank account unless the account holder knowVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01122 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 ingly engaged in the offense that is the basis for the 

2 forfeiture. 

3 ‘‘(2) In this subsection— 

4 ‘‘(A) the term ‘financial institution’ in5 cludes a foreign bank (as defined in section 

6 1(b)(7) of the International Banking Act of 

7 1978); and 

8 ‘‘(B) the term ‘interbank account’ means 

9 an account held by one financial institution at 

10 another financial institution primarily for the 

11 purpose of facilitating customer transactions. 

12 ‘‘(d) DISCLAIMER.—Nothing in this section limits the 

13 ability of the Government to forfeit property under any 

14 provision of law if the property involved in the offense giv15 ing rise to the forfeiture or property traceable thereto is 

16 available for forfeiture. 

17 ‘‘§ 2555. Civil forfeiture of real property 

18 ‘‘(a) JUDICIAL FORFEITURES.—Notwithstanding any 

19 other provision of law, all civil forfeitures of real property 

20 and interests in real property shall proceed as judicial for21 feitures. 

22 ‘‘(b) PRELIMINARY MATTERS.— 

23 ‘‘(1) Except as provided in this section— 


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1 ‘‘(A) real property that is the subject of a 

2 civil forfeiture action shall not be seized before 

3 entry of an order of forfeiture; and 

4 ‘‘(B) the owners or occupants of the real 

5 property shall not be evicted from, or otherwise 

6 deprived of the use and enjoyment of, real prop7 erty that is the subject of a pending forfeiture 

8 action. 

9 ‘‘(2) The filing of a lis pendens and the execu10 tion of a writ of entry for the purpose of conducting 

11 an inspection and inventory of the property shall not 

12 be considered a seizure under this subsection. 

13 ‘‘(c) INITIATION.— 

14 ‘‘(1) The Government shall initiate a civil for15 feiture action against real property by— 

16 ‘‘(A) filing a complaint for forfeiture; 

17 ‘‘(B) posting a notice of the complaint on 

18 the property; and 

19 ‘‘(C) serving notice on the property owner, 

20 along with a copy of the complaint. 

21 ‘‘(2) If the property owner cannot be served 

22 with the notice under paragraph (1) because the 

23 owner— 

24 ‘‘(A) is a fugitive; 


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1 ‘‘(B) resides outside the United States and 

2 efforts at service pursuant to rule 4 of the Fed3 eral Rules of Civil Procedure are unavailing; or 

4 ‘‘(C) cannot be located despite the exercise 

5 of due diligence, 

6 constructive service may be made in accordance with 

7 the laws of the State in which the property is lo8 cated. 

9 ‘‘(3) If real property has been posted in accord10 ance with this subsection, it shall not be necessary 

11 for the court to issue an arrest warrant in rem, or 

12 to take any other action to establish in rem jurisdic13 tion over the property. 

14 ‘‘(d) SEIZURE PRIOR TO ENTRY OF ORDER.— 

15 ‘‘(1) Real property may be seized prior to the 

16 entry of an order of forfeiture if— 

17 ‘‘(A) the Government notifies the court 

18 that it intends to seize the property before trial; 

19 and 

20 ‘‘(B) the court— 

21 ‘‘(i) issues a notice of application for 

22 warrant, causes the notice to be served on 

23 the property owner and posted on the 

24 property, and conducts a hearing in which 


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1 the property owner has a meaningful op2 portunity to be heard; or 

3 ‘‘(ii) makes an ex parte determination 

4 that there is probable cause for the for5 feiture and that there are exigent cir6 cumstances that permit the Government to 

7 seize the property without prior notice and 

8 an opportunity for the property owner to 

9 be heard. 

10 ‘‘(2) For purposes of paragraph (1)(B)(ii), to 

11 establish exigent circumstances, the Government 

12 shall show that less restrictive measures such as a 

13 lis pendens, restraining order, or bond would not 

14 suffice to protect the Government’s interests in pre15 venting the sale, destruction, or continued unlawful 

16 use of the real property. 

17 ‘‘(e) POST-SEIZURE HEARING.—If the court author18 izes a seizure of real property under subsection 

19 (d)(1)(B)(ii), it shall conduct a prompt post-seizure hear20 ing during which the property owner shall have an oppor21 tunity to contest the basis for the seizure. 

22 ‘‘(f) APPLICATION.—This section— 

23 ‘‘(1) applies only to civil forfeitures of real 

24 property and interests in real property; 


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1 ‘‘(2) does not apply to forfeitures of the pro2 ceeds of the sale of such property or interests, or of 

3 money or other assets intended to be used to acquire 

4 such property or interests; and 

5 ‘‘(3) shall not affect the authority of the court 

6 to enter a restraining order relating to real property. 

7 ‘‘§ 2556. Subpoenas for bank records 

8 ‘‘(a) IN GENERAL.—At any time after the commence9 ment of any action for forfeiture in rem brought by the 

10 United States under section 1451, 1452, and 508 of this 

11 title, section 5322 or 5324 of title 31, or the Controlled 

12 Substances Act, any party may request the Clerk of the 

13 Court in the district in which the proceeding is pending 

14 to issue a subpoena duces tecum to any financial institu15 tion, as defined in section 5312(a) of title 31, to produce 

16 books, records and any other documents at any place des17 ignated by the requesting party. All parties to the pro18 ceeding shall be notified of the issuance of any such sub19 poena. The procedures and limitations set forth in section 

20 2555 shall apply to subpoenas issued under this section. 

21 ‘‘(b) SERVICE.—Service of a subpoena issued pursu22 ant to this section shall be by certified mail. Records pro23 duced in response to such a subpoena may be produced 

24 in person or by mail, common carrier, or such other meth25 od as may be agreed upon by the party requesting the 


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1 subpoena and the custodian of records. The party request2 ing the subpoena may require the custodian of records to 

3 submit an affidavit certifying the authenticity and com4 pleteness of the records and explaining the omission of any 

5 record called for in the subpoena. 

6 ‘‘(c) DISCOVERY.—Nothing in this section precludes 

7 any party from pursuing any form of discovery pursuant 

8 to the Federal Rules of Civil Procedure. 

9 ‘‘(d) ACCESS TO RECORDS IN BANK SECRECY JURIS10 DICTIONS.— 

11 ‘‘(1) IN GENERAL.—In any civil forfeiture case, 

12 or in any ancillary proceeding in any criminal for13 feiture case involving a violation of Chapter 17 pun14 ishable by imprisonment by more than one year, in 

15 which— 

16 ‘‘(A) financial records located in a foreign 

17 country may be material— 

18 ‘‘(i) to any claim or to the ability of 

19 the Government to respond to such claim; 

20 or 

21 ‘‘(ii) in a civil forfeiture case, to the 

22 ability of the Government to establish the 

23 forfeitability of the property; and 

24 ‘‘(B) it is within the capacity of the claim25 ant to waive the claimant’s rights under appliVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01128 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 cable financial secrecy laws, or to obtain the 

2 records so that such records can be made avail3 able notwithstanding such secrecy laws, 

4 the refusal of the claimant to provide the records in 

5 response to a discovery request or to take the action 

6 necessary otherwise to make the records available 

7 shall be grounds for judicial sanctions, up to and in8 cluding dismissal of the claim with prejudice. 

9 ‘‘(2) PRIVILEGE.—This subsection does not af10 fect the right of the claimant to refuse production on 

11 the basis of any privilege guaranteed by the Con12 stitution of the United States or any other provision 

13 of Federal law. 

14 ‘‘§ 2557. Anti-terrorist forfeiture protection 

15 ‘‘(a) RIGHT TO CONTEST.—An owner of property 

16 that is confiscated under any provision of law relating to 

17 the confiscation of assets of suspected international terror18 ists, may contest that confiscation by filing a claim in the 

19 manner set forth in the Federal Rules of Civil Procedure 

20 (Supplemental Rules for Certain Admiralty and Maritime 

21 Claims), and asserting as an affirmative defense that— 

22 ‘‘(1) the property is not subject to confiscation 

23 under such provision of law; or 

24 ‘‘(2) the innocent owner provisions of section 

25 2553(d) apply to the case. 


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1 ‘‘(b) EVIDENCE.—In considering a claim filed under 

2 this section, a court may admit evidence that is otherwise 

3 inadmissible under the Federal Rules of Evidence, if the 

4 court determines that the evidence is reliable, and that 

5 compliance with the Federal Rules of Evidence may jeop6 ardize the national security interests of the United States. 

7 ‘‘(c) CLARIFICATIONS.— 

8 ‘‘(1) PROTECTION OF RIGHTS.—The exclusion 

9 of certain provisions of Federal law from the defini10 tion of the term ‘civil forfeiture statute’ in section 

11 2553(i) shall not be construed to deny an owner of 

12 property the right to contest the confiscation of as13 sets of suspected international terrorists under— 

14 ‘‘(A) subsection (a) of this section; 

15 ‘‘(B) the Constitution; or 

16 ‘‘(C) subchapter II of chapter 5 of title 5. 

17 ‘‘(2) SAVINGS CLAUSE.—Nothing in this section 

18 limits or otherwise affects any other remedies that 

19 may be available to an owner of property under sec20 tion 2553 or any other provision of law. 

21 ‘‘SUBCHAPTER C—CRIMINAL FORFEITURE 

‘‘Sec. 

‘‘2561. Offenses giving rise to criminal forfeiture. 

‘‘2562. Procedures for criminal forfeiture. 

22 ‘‘§ 2561. Offenses giving rise to criminal forfeiture 

23 ‘‘(a) PROPERTY FORFEITED AT TIME OF SEN24 TENCE.—The court, when imposing a sentence on a deVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01130 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 fendant convicted of an offense described in subsection 

2 (b), shall order the defendant forfeit to the United States 

3 all forfeitable property (as defined in section 2501) related 

4 to the offense. 

5 ‘‘(b) OFFENSES FOR WHICH CRIMINAL FORFEITURE

6 IS TO BE ORDERED.—The offenses for which criminal 

7 forfeiture shall occur under this section are the following: 

8 ‘‘(1) A violation of section 508, 1451, or 1452. 

9 ‘‘(2) A violation of, or a conspiracy to violate— 

10 ‘‘(A) section 644, 645, 773–775, 779, 801, 

11 803, 804, or 1003, affecting a financial institu12 tion; 

13 ‘‘(B) section 614, 692–695, 697–702, 712, 

14 716, 783, 862, or 863; 

15 ‘‘(3) A violation of— 

16 ‘‘(A) section 653(a)(1) (relating to theft or 

17 bribery concerning programs receiving Federal 

18 funds); 

19 ‘‘(B) section 772 (relating to fraud and 

20 false statements); 

21 ‘‘(C) section 788 (relating to major fraud 

22 against the United States); 

23 ‘‘(D) section 789 (relating to concealment 

24 of assets from conservator, receiver, or liqui25 dating agent of insured financial institution); 


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1 ‘‘(E) section 801 (relating to mail fraud); 

2 or 

3 ‘‘(F) section 803 (relating to wire fraud), 

4 involving the sale of assets acquired or held by the 

5 Federal Deposit Insurance Corporation, as conser6 vator or receiver for a financial institution or any 

7 other conservator for a financial institution ap8 pointed by the Office of the Comptroller of the Cur9 rency, or the National Credit Union Administration, 

10 as conservator or liquidating agent for a financial in11 stitution, shall order that the person forfeit to the 

12 United States any property, real or personal, which 

13 represents or is traceable to the gross receipts ob14 tained, directly or indirectly, as a result of such vio15 lation. 

16 ‘‘(4) A violation of— 

17 ‘‘(A) section 717 (altering or removing 

18 motor vehicle identification numbers); 

19 ‘‘(B) section 866 (importing or exporting 

20 stolen motor vehicles); 

21 ‘‘(C) section 671 (transporting stolen 

22 motor vehicles in interstate commerce); or 

23 ‘‘(D) section 672 (possessing or selling a 

24 stolen motor vehicle that has moved in inter25 state commerce). 


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1 ‘‘(5) A violation of, or conspiracy to violate, 

2 274A(a)(1), or 274A(a)(2) of the Immigration and 

3 Nationality Act, or any of sections 311 through 316, 

4 section 318(a), section 867 of this title, or a 

5 vioaltion of, or conspiracy to violate, section 783 of 

6 this title if committed in connection with passport or 

7 visa issuance or use. 

8 ‘‘(6) A Federal health care offense. 

9 ‘‘(7) A violation of, or conspiracy to violate, sec10 tion 783, 786, 801, 802, 803, or 804. 

11 ‘‘(8) A violation of chapter 17 punishable by 

12 imprisonment for more than one year. 

13 ‘‘(9) A violation of section 221, 222, 223, or 

14 224, or subchapter B of chapter 13. 

15 ‘‘(10) A violation of section 512. 

16 ‘‘(11) A violation of section 783, 786, 787, or 

17 794. 

18 ‘‘(12) A violation of section 302, 302, 631, or 

19 927, or subchapter F of chapter 35. 

20 ‘‘(13) A violation of section 675, 676, 677, 678, 

21 679, 680, or subchapter C of chapter 35. 

22 ‘‘(14) A violation of section 868. 

23 ‘‘§ 2562. Procedures for criminal forfeiture 

24 ‘‘(a) APPLICATION OF PROCEDURES.—Unless other25 wise provided by law, the procedures set forth in this secVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01133 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 tion govern any criminal forfeiture under a law of the 

2 United States. 

3 ‘‘(b) THIRD PARTY TRANSFERS.—All right, title, and 

4 interest in forfeitable vests in the United States upon the 

5 commission of the act giving rise to forfeiture under this 

6 subchapter. Any such property that is subsequently trans7 ferred to a person other than the defendant may be the 

8 subject of a special verdict of forfeiture and thereafter 

9 shall be ordered forfeited to the United States, unless the 

10 transferee establishes in a hearing pursuant to subsection 

11 (n) that the transferee is a bona fide purchaser for value 

12 of such property who at the time of purchase was reason13 ably without cause to believe that the property was subject 

14 to forfeiture under this section. 

15 ‘‘(c) REBUTTABLE PRESUMPTION.—There is a rebut16 table presumption at trial that any property of a person 

17 convicted of a felony under chapter 17 is subject to for18 feiture under this section if the United States establishes 

19 by a preponderance of the evidence that— 

20 ‘‘(1) such property was acquired by such person 

21 during the period of the violation or within a reason22 able time after such period; and 

23 ‘‘(2) there was no likely source for such prop24 erty other than the violation 

25 ‘‘(d) PROTECTIVE ORDERS.— 


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1 ‘‘(1) WHEN ISSUED.—Upon application of the 

2 United States, the court may enter a restraining 

3 order or injunction, require the execution of a satis4 factory performance bond, or take any other action 

5 to preserve the availability of property for forfeiture 

6 under this section— 

7 ‘‘(A) upon the filing of an indictment or 

8 information charging a violation for which 

9 criminal forfeiture may be ordered under this 

10 section and alleging that the property with re11 spect to which the order is sought would, in the 

12 event of conviction, be subject to forfeiture 

13 under this section; or 

14 ‘‘(B) prior to the filing of such an indict15 ment or information, if, after notice to persons 

16 appearing to have an interest in the property 

17 and opportunity for a hearing, the court deter18 mines that— 

19 ‘‘(i) there is a substantial probability 

20 that the United States will prevail on the 

21 issue of forfeiture and that failure to enter 

22 the order will result in the property being 

23 destroyed, removed from the jurisdiction of 

24 the court, or otherwise made unavailable 

25 for forfeiture; and 


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1 ‘‘(ii) the need to preserve the avail2 ability of the property through the entry of 

3 the requested order outweighs the hardship 

4 on any party against whom the order is to 

5 be entered. 

6 ‘‘(2) LENGTH.—An order entered pursuant to 

7 paragraph (1)(B) shall be effective for not more 

8 than 90 days, unless extended by the court for good 

9 cause shown or unless an indictment or information 

10 described in paragraph (1)(A) has been filed. 

11 ‘‘(3) EX PARTE.—A temporary restraining 

12 order under this subsection may be entered upon ap13 plication of the United States without notice or op14 portunity for a hearing when an information or in15 dictment has not yet been filed with respect to the 

16 property, if the United States demonstrates that 

17 there is probable cause to believe that the property 

18 with respect to which the order is sought would, in 

19 the event of conviction, be subject to forfeiture 

20 under this section and that provision of notice will 

21 jeopardize the availability of the property for for22 feiture. Such a temporary order shall expire not 

23 more than 14 days after the date on which it is en24 tered, unless extended for good cause shown or un25 less the party against whom it is entered consents 


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1 to an extension for a longer period. A hearing re2 quested concerning an order entered under this 

3 paragraph shall be held at the earliest possible time 

4 and prior to the expiration of the temporary order. 

5 ‘‘(4) EVIDENCE.—The court may receive and 

6 consider, at a hearing held pursuant to this sub7 section, evidence and information that would be in8 admissible under the Federal Rules of Evidence. 

9 ‘‘(5) ORDER TO REPATRIATE AND DEPOSIT.— 

10 ‘‘(A) IN GENERAL.—Pursuant to its au11 thority to enter a pretrial restraining order 

12 under this section, the court may order a de13 fendant to repatriate any property that may be 

14 seized and forfeited, and to deposit that prop15 erty pending trial in the registry of the court, 

16 or with the United States Marshals Service or 

17 the Secretary of the Treasury, in an interest18 bearing account, if appropriate. 

19 ‘‘(B) FAILURE TO COMPLY.—Failure to 

20 comply with an order under this subsection, or 

21 an order to repatriate property under sub22 section (o), shall be punishable as a civil or 

23 criminal contempt of court, and may also result 

24 in an enhancement of the sentence of the deVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01137 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 fendant under the obstruction of justice provi2 sion of the Federal Sentencing Guidelines. 

3 ‘‘(e) WARRANT OF SEIZURE.—The Government may 

4 request the issuance of a warrant authorizing the seizure 

5 of property subject to forfeiture under this section in the 

6 same manner as provided for a search warrant. If the 

7 court determines that there is probable cause to believe 

8 that the property to be seized would, in the event of con9 viction, be subject to forfeiture and that an order under 

10 subsection (d) may not be sufficient to assure the avail11 ability of the property for forfeiture, the court shall issue 

12 a warrant authorizing the seizure of such property. 

13 ‘‘(f) EXECUTION.—Upon entry of an order of for14 feiture under this section, the court shall authorize the 

15 Attorney General to seize all property ordered forfeited 

16 upon such terms and conditions as the court shall deem 

17 proper. Following entry of an order declaring the property 

18 forfeited, the court may, upon application of the United 

19 States, enter such appropriate restraining orders or in20 junctions, require the execution of satisfactory perform21 ance bonds, appoint receivers, conservators, appraisers, 

22 accountants, or trustees, or take any other action to pro23 tect the interest of the United States in the property or24 dered forfeited. Any income accruing to or derived from 

25 property ordered forfeited under this section may be used 


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1 to offset ordinary and necessary expenses to the property 

2 which are required by law, or which are necessary to pro3 tect the interests of the United States or third parties. 

4 ‘‘(g) DISPOSITION OF PROPERTY.—Following the sei5 zure of property ordered forfeited under this section, the 

6 Attorney General shall direct the disposition of the prop7 erty by sale of any other any other commercially feasible 

8 means, making due provision for the rights of any inno9 cent persons. Any property right or interest not exer10 cisable by, or transferable for value to, the United States 

11 shall expire and shall not revert to the defendant, nor shall 

12 the defendant or any person acting in concert with or on 

13 the behalf of the defendant be eligible to purchase for14 feited property at any sale held by the United States. 

15 Upon application of a person, other than the defendant 

16 or a person acting in concert with or on the behalf of the 

17 defendant, the court may restrain or stay the sale or dis18 position of the property pending the conclusion of any ap19 peal of the criminal case giving rise to the forfeiture, if 

20 the applicant demonstrates that proceeding with the sale 

21 or disposition of the property will result in irreparable in22 jury, harm, or loss to the applicant. 

23 ‘‘(h) AUTHORITY OF THE ATTORNEY GENERAL.— 

24 With respect to property ordered forfeited under this sec25 tion, the Attorney General is authorized to— 


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1 ‘‘(1) grant petitions for mitigation or remission 

2 of forfeiture, restore forfeited property to victims of 

3 a violation, or take any other action to protect the 

4 rights of innocent persons which is in the interest of 

5 justice and which is not inconsistent with this sec6 tion; 

7 ‘‘(2) compromise claims arising under this sec8 tion; 

9 ‘‘(3) award compensation to persons providing 

10 information resulting in a forfeiture under this sec11 tion; 

12 ‘‘(4) direct the disposition by the United States, 

13 in accordance with section 511(e) of the Controlled 

14 Substances Act, of all property ordered forfeited 

15 under this section by public sale or any other com16 mercially feasible means, making due provision for 

17 the rights of innocent persons; and 

18 ‘‘(5) take appropriate measures necessary to 

19 safeguard and maintain property ordered forfeited 

20 under this section pending its disposition. 

21 ‘‘(i) APPLICABILITY OF CIVIL FORFEITURE PROVI22 SIONS.—Except to the extent that they are inconsistent 

23 with this section, section 2552(g) of this title and section 

24 511(d) of the Controlled Substances Act apply to a crimi25 nal forfeiture under this section. 


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1 ‘‘(j) BAR ON INTERVENTION.—Except as provided in 

2 subsection (m), no party claiming an interest in property 

3 subject to forfeiture under this section may— 

4 ‘‘(1) intervene in a trial or appeal of a criminal 

5 case involving the forfeiture of such property under 

6 this section; or 

7 ‘‘(2) commence an action at law or equity 

8 against the United States concerning the validity of 

9 his alleged interest in the property subsequent to the 

10 filing of an indictment or information alleging that 

11 the property in subject to forfeiture under this sec12 tion. 

13 ‘‘(k) JURISDICTION TO ENTER ORDERS.—The dis14 trict courts of the United States shall have jurisdiction 

15 to enter orders as provided in this section without regard 

16 to the location of any property which may be subject to 

17 forfeiture under this section or which has been ordered 

18 forfeited under this section. 

19 ‘‘(l) DEPOSITIONS.—In order to facilitate the identi20 fication and location of property declared forfeited and to 

21 facilitate the disposition of petitions for remission or miti22 gation of forfeiture, after the entry of an order declaring 

23 property forfeited to the United States, the court may, 

24 upon application of the United States, order that the testi25 mony of any witness relating to the property forfeited be 


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1 taken by deposition and that any designated book, paper, 

2 document, record, recording, or other material not privi3 leged be produced at the same time any place, in the same 

4 manner as provided for the taking of depositions under 

5 Rule 15 of the Federal Rules of Criminal Procedure. 

6 ‘‘(m) THIRD PARTY INTERESTS.—(1) Following the 

7 entry of an order of forfeiture under this section, the 

8 United States shall publish notice of the order and of its 

9 intent to dispose of the property in such manner as the 

10 Attorney General may direct. The Government may also, 

11 to the extent practicable, provide direct written notice to 

12 any person known to have alleged an interest in the prop13 erty that is the subject of the order of forfeiture as a sub14 stitute for published notice as to those persons so notified. 

15 ‘‘(2) Any person, other than the defendant, asserting 

16 a legal interest in property which has been ordered for17 feited to the United States pursuant to this section may, 

18 within thirty days of the final publication of notice or his 

19 receipt of notice under paragraph (1), whichever is earlier, 

20 petition the court for a hearing to adjudicate the validity 

21 of his alleged interest in the property. The hearing shall 

22 be held before the court alone, without a jury. 

23 ‘‘(3) The petition shall be signed by the petitioner 

24 under penalty of perjury and shall set forth the nature 

25 and extent of the petitioner’s right, title, or interest in 


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1 the property, the time and circumstances of the peti2 tioner’s acquisition of the right, title, or interest in the 

3 property, and additional facts supporting the petitioner’s 

4 claim, and the relief sought. 

5 ‘‘(4) The hearing on the petition shall, to the extent 

6 practicable and consistent with the interests of justice, be 

7 held within thirty days of the filing of the petition. The 

8 court may consolidate the hearing on the petition with a 

9 hearing on any other petition filed by a person other than 

10 the defendant under this subsection. 

11 ‘‘(5) At the hearing, the petitioner may testify and 

12 present evidence and witnesses on his own behalf, and 

13 cross-examine witnesses who appear at the hearing. The 

14 United States may present evidence and witnesses in re15 buttal and in defense of this claim to the property and 

16 cross-examine witnesses who appear at the hearing, the 

17 court shall consider the relevant portions of the record of 

18 the criminal case which resulted in the order of forfeiture. 

19 ‘‘(6) If, after the hearing, the court determines that 

20 the petitioner has established by a preponderance of the 

21 evidence that— 

22 ‘‘(A) the petitioner has a legal right, title, or in23 terest in the property, and such right, title, or inter24 est renders the order of forfeiture invalid in whole 

25 or in part because the right, title, or interest was 


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1 vested in the petitioner rather than the defendant or 

2 was superior to any right, title, or interest of the de3 fendant at the time of the commission of the acts 

4 which gave rise to the forfeiture of the property 

5 under the section; or 

6 ‘‘(B) the petitioner is a bona fide purchaser for 

7 value of the right, title, or interest in the property 

8 and was at the time of purchase reasonably without 

9 cause to believe that the property was subject to for10 feiture under this section; 

11 the court shall amend the order of forfeiture in accordance 

12 with its determination. 

13 ‘‘(7) Following the court’s disposition of all petitions 

14 filed under this subsection, or if no such petitions are filed 

15 following the expiration of the period provided in para16 graph (2) for the filing of such petitions, the United States 

17 shall have clear title to property that is the subject of the 

18 order of forfeiture and may warrant good title to any sub19 sequent purchaser or transferee. 

20 ‘‘(n) RULE OF CONSTRUCTION.—This section shall 

21 be liberally construed to effectuate its remedial purposes. 

22 ‘‘(o) FORFEITURE OF SUBSTITUTE PROPERTY.— 

23 ‘‘(1) IN GENERAL.—Paragraph (2) of this sub24 section applies, if any property described in subVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01144 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 section (a), as a result of any act or omission of the 

2 defendant— 

3 ‘‘(A) cannot be located upon the exercise of 

4 due diligence; 

5 ‘‘(B) has been transferred or sold to, or 

6 deposited with, a third party; 

7 ‘‘(C) has been placed beyond the jurisdic8 tion of the court; 

9 ‘‘(D) has been substantially diminished in 

10 value; or 

11 ‘‘(E) has been commingled with other 

12 property which cannot be divided without dif13 ficulty. 

14 ‘‘(2) SUBSTITUTE PROPERTY.—In any case de15 scribed in any of subparagraphs (A) through (E) of 

16 paragraph (1), the court shall order the forfeiture of 

17 any other property of the defendant, up to the value 

18 of any property described in subparagraphs (A) 

19 through (E) of paragraph (1), as applicable. 

20 ‘‘(3) RETURN OF PROPERTY TO JURISDIC21 TION.—In the case of property described in para22 graph (1)(C), the court may, in addition to any 

23 other action authorized by this subsection, order the 

24 defendant to return the property to the jurisdiction 


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1 of the court so that the property may be seized and 

2 forfeited. 

3 ‘‘(4) LIMITATION.—This subsection shall not be 

4 used to order a defendant to forfeit assets in place 

5 of the actual property laundered where such defend6 ant acted merely as an intermediary who handled 

7 but did not retain the property in the course of the 

8 money laundering offense unless the defendant, in 

9 committing the offense or offenses giving rise to the 

10 forfeiture, conducted three or more separate trans11 actions involving a total of $100,000 or more in any 

12 twelve month period. 

13 ‘‘(p) SPECIAL RESTITUTION.—The court, when sen14 tencing a defendant convicted of an offense under chapter 

15 17 involving the manufacture, the possession, or the pos16 session with intent to distribute, of amphetamine or meth17 amphetamine, shall— 

18 ‘‘(1) order restitution as provided in sections 

19 3612 and 3664; 

20 ‘‘(2) order the defendant to reimburse the 

21 United States, the State or local government con22 cerned, or both the United States and the State or 

23 local government concerned for the costs incurred by 

24 the United States or the State or local government 

25 concerned, as the case may be, for the cleanup assoVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01146 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 ciated with the manufacture of amphetamine or 

2 methamphetamine by the defendant, or on premises 

3 or in property that the defendant owns, resides, or 

4 does business in; and 

5 ‘‘(3) order restitution to any person injured as 

6 a result of the offense as provided in section 

7 3663A.’’. 

8 SEC. 3. CONFORMING REPEALS. 

9 (a) CONTROLLED SUBSTANCES ACT.—The Con10 trolled Substances Act is amended— 

11 (1) by striking all of the sections in part D, ex12 cept sections 412 (relating to application of treaties 

13 and other international agreements) and 421 (relat14 ing to denial of Federal benefits to drug traffickers 

15 and possessors); and 

16 (2) by striking section 511 (relating to forfeit17 ures). 

18 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

19 ACT.—The Controlled Substances Import and Export Act 

20 is amended by striking sections 1010 (relating to prohib21 ited acts), 1010A (relating to foreign terrorist organiza22 tions, terrorist persons and groups), 1012 (relating to sec23 ond or subsequent offenses), 1013 (relating to attempt 

24 and conspiracy), and 1017 (relating to criminal forfeit25 ures). 


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1 (c) IMMIGRATION AND NATIONALITY ACT.—The Im2 migration and Nationality Act is amended by striking sec3 tions 243, 274, 275, 276, and 277. 

4 (d) ATOMIC ENERGY ACT OF 1954.—The Atomic 

5 Energy Act of 1954 is amended— 

6 (1) by striking sections 92, 221, 224, 225, 226, 

7 227, and 235; 

8 (2) by striking subsections a. and b. of section 

9 57; 

10 (3) in section 222 a., by striking ‘‘57 or’’; and 

11 (4) by striking subsection b. of section 222. 

12 (e) CONSUMER CREDIT PROTECTION ACT.—The 

13 Consumer Credit Protection Act is amended by striking 

14 sections 134 (relating to fraudulent use of credit card), 

15 619 (relating to obtaining information under false pre16 tenses), and 620 (relating to unauthorized disclosures by 

17 officers or employees). 

18 (f) TITLE 17, UNITED STATES CODE.—Title 17, 

19 United States Code, is amended by striking section 506 

20 (relating to copyright infringement criminal offenses). 

21 (g) TITLE 28, UNITED STATES CODE.—Title 28, 

22 United States Code, is amended by striking subsection (c) 

23 of section 1826 (relating to recalcitrant witnesses). 

24 (h) TITLE 29, UNITED STATES CODE.—Title 29, 

25 United States Code, is amended by striking subsection (c) 


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1 of section 501 (relating to fiduciary responsibility of offi2 cers of labor organizations). 

3 (i) TITLE 31, UNITED STATES CODE.—Title 31, 

4 United States Code, is amended by striking sections 5324 

5 (relating to structuring transactions to evade reporting re6 quirement prohibited) and 5332 (relating to bulk cash 

7 smuggling into or out of the United States). 

8 (j) TITLE 49, UNITED STATES CODE.—Title 49, 

9 United States Code, is amended by striking sections 

10 46502, 46504, 46505, and 46506 (relating to special air11 craft jurisdiction of the United States). 

12 (k) ADDITIONAL CONFORMING REPEALS.—Not later 

13 than 180 days after the date of the enactment of this Act, 

14 the Attorney General shall submit to Congress proposed 

15 legislation repealing additional provisions of law that have 

16 been rendered superfluous by the enactment of this Act. 

17 SEC. 4. CROSS REFERENCES. 

18 (a) IN GENERAL.—Not later than 180 days after the 

19 date of the enactment of this Act, the Attorney General 

20 shall submit to Congress proposed legislation correcting 

21 cross references in other laws to provisions of law that 

22 have been amended or repealed by this Act. 

23 (b) RELATING TO PUBLIC LAW 112–55.—Section 

24 511 of Public Law 112–55 is amended— 


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1 (1) by striking ‘‘subsection 922(t)’’ each place 

2 it appears and inserting ‘‘section 582(t)’’; and 

3 (2) in paragraph (2), by striking ‘‘section 922 

4 of’’ and inserting ‘‘section 582 of’’. 

5 (c) RELATING TO PUBLIC LAW 112–239.—Section 

6 1251 of Public Law 112–239 is amended— 

7 (1) in subsection (b), by striking ‘‘section 

8 2333’’ and inserting ‘‘section 282(a)’’; and 

9 (2) in subsection (c), by striking ‘‘Notwith10 standing section 2335’’ through ‘‘section 2333 of 

11 such title’’ and inserting ‘‘Notwithstanding section 

12 282(h) of title 18, United States Code, a civil action 

13 under section 282(a) of such title’’. 

14 (d) RELATING TO PUBLIC LAW 112–144.—Section 

15 717 of Public Law 112–144 is amended— 

16 (1) in subsection (a)(4), by striking ‘‘section 

17 2320’’ and inserting ‘‘section 680’’; and 

18 (2) in subsection (b)(1), by striking ‘‘section 

19 2320(a)(4)’’ and inserting ‘‘section 680(a)(4)’’. 

20 SEC. 5. SUNSET OF PROVISION RELATING TO FOREIGN IN21 TELLIGENCE SURVEILLANCE ACT OF 1978. 

22 Effective December 31, 2017, except as provided by 

23 section 404 of the FISA Amendments Act of 2008, section 

24 1492(b)(1)(B)(i) of title 18, United States Code, is 


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1 amended by striking ‘‘or a court order pursuant to section 

2 704 of the Foreign Intelligence Surveillance Act of 1978’’. 

3 SEC. 6. REENACTMENT OUTSIDE TITLE 18 OF FORMER SEC4 TION 2258A (RELATING TO REPORTING RE5 QUIREMENTS OF ELECTRONIC COMMUNICA6 TION SERVICE PROVIDERS AND REMOTE 

7 COMPUTING SERVICE PROVIDERS). 

8 (a) DUTY TO REPORT.— 

9 (1) IN GENERAL.—Whoever, while engaged in 

10 providing an electronic communication service or a 

11 remote computing service to the public through a fa12 cility or means of interstate or foreign commerce, 

13 obtains actual knowledge of any facts or cir14 cumstances described in paragraph (2) shall, as soon 

15 as reasonably possible— 

16 (A) provide to the CyberTipline of the Na17 tional Center for Missing and Exploited Chil18 dren, or any successor to the CyberTipline oper19 ated by such center, the mailing address, tele20 phone number, facsimile number, electronic 

21 mail address of, and individual point of contact 

22 for, such electronic communication service pro23 vider or remote computing service provider; and 

24 (B) make a report of such facts or cir25 cumstances to the CyberTipline, or any sucVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01151 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 cessor to the CyberTipline operated by such 

2 center. 

3 (2) FACTS OR CIRCUMSTANCES.—The facts or 

4 circumstances described in this paragraph are any 

5 facts or circumstances from which there is an appar6 ent violation of— 

7 (A) section 221, 222, 223, or 224 of title 

8 18, United States Code, that involves child por9 nography; or 

10 (B) section 1445 of title 18, United States 

11 Code. 

12 (b) CONTENTS OF REPORT.—To the extent the infor13 mation is within the custody or control of an electronic 

14 communication service provider or a remote computing 

15 service provider, the facts and circumstances included in 

16 each report under subsection (a)(1) may include the fol17 lowing information: 

18 (1) INFORMATION ABOUT THE INVOLVED INDI19 VIDUAL.—Information relating to the identity of any 

20 individual who appears to have violated a Federal 

21 law described in subsection (a)(2), which may, to the 

22 extent reasonably practicable, include the electronic 

23 mail address, Internet Protocol address, uniform re24 source locator, or any other identifying information, 

25 including self-reported identifying information. 


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1 (2) HISTORICAL REFERENCE.—Information re2 lating to when and how a customer or subscriber of 

3 an electronic communication service or a remote 

4 computing service uploaded, transmitted, or received 

5 apparent child pornography or when and how appar6 ent child pornography was reported to, or discovered 

7 by the electronic communication service provider or 

8 remote computing service provider, including a date 

9 and time stamp and time zone. 

10 (3) GEOGRAPHIC LOCATION INFORMATION.— 

11 (A) IN GENERAL.—Information relating to 

12 the geographic location of the involved indi13 vidual or website, which may include the Inter14 net Protocol address or verified billing address, 

15 or, if not reasonably available, at least 1 form 

16 of geographic identifying information, including 

17 area code or zip code. 

18 (B) INCLUSION.—The information de19 scribed in subparagraph (A) may also include 

20 any geographic information provided to the 

21 electronic communication service or remote 

22 computing service by the customer or sub23 scriber. 


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1 (4) IMAGES OF APPARENT CHILD PORNOG2 RAPHY.—Any image of apparent child pornography 

3 relating to the incident such report is regarding. 

4 (5) COMPLETE COMMUNICATION.—The com5 plete communication containing any image of appar6 ent child pornography, including— 

7 (A) any data or information regarding the 

8 transmission of the communication; and 

9 (B) any images, data, or other digital files 

10 contained in, or attached to, the communica11 tion. 

12 (c) FORWARDING OF REPORT TO LAW ENFORCE13 MENT.— 

14 (1) IN GENERAL.—The National Center for 

15 Missing and Exploited Children shall forward each 

16 report made under subsection (a)(1) to any appro17 priate law enforcement agency designated by the At18 torney General under subsection (d)(2). 

19 (2) STATE AND LOCAL LAW ENFORCEMENT.— 

20 The National Center for Missing and Exploited Chil21 dren may forward any report made under subsection 

22 (a)(1) to an appropriate law enforcement official of 

23 a State or political subdivision of a State for the 

24 purpose of enforcing State criminal law. 

25 (3) FOREIGN LAW ENFORCEMENT.— 


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1 (A) IN GENERAL.—The National Center 

2 for Missing and Exploited Children may for3 ward any report made under subsection (a)(1) 

4 to any appropriate foreign law enforcement 

5 agency designated by the Attorney General 

6 under subsection (d)(3), subject to the condi7 tions established by the Attorney General under 

8 subsection (d)(3). 

9 (B) TRANSMITTAL TO DESIGNATED FED10 ERAL AGENCIES.—If the National Center for 

11 Missing and Exploited Children forwards a re12 port to a foreign law enforcement agency under 

13 subparagraph (A), the National Center for 

14 Missing and Exploited Children shall concur15 rently provide a copy of the report and the 

16 identity of the foreign law enforcement agency 

17 to— 

18 (i) the Attorney General; or 

19 (ii) the Federal law enforcement agen20 cy or agencies designated by the Attorney 

21 General under subsection (d)(2). 

22 (d) ATTORNEY GENERAL RESPONSIBILITIES.— 

23 (1) IN GENERAL.—The Attorney General shall 

24 enforce this section. 


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1 (2) DESIGNATION OF FEDERAL AGENCIES.— 

2 The Attorney General shall designate promptly the 

3 Federal law enforcement agency or agencies to 

4 which a report shall be forwarded under subsection 

5 (c)(1). 

6 (3) DESIGNATION OF FOREIGN AGENCIES.— 

7 The Attorney General shall promptly— 

8 (A) in consultation with the Secretary of 

9 State, designate the foreign law enforcement 

10 agencies to which a report may be forwarded 

11 under subsection (c)(3); 

12 (B) establish the conditions under which 

13 such a report may be forwarded to such agen14 cies; and 

15 (C) develop a process for foreign law en16 forcement agencies to request assistance from 

17 Federal law enforcement agencies in obtaining 

18 evidence related to a report referred under sub19 section (c)(3). 

20 (4) REPORTING DESIGNATED FOREIGN AGEN21 CIES.—The Attorney General shall maintain and 

22 make available to the Department of State, the Na23 tional Center for Missing and Exploited Children, 

24 electronic communication service providers, remote 

25 computing service providers, the Committee on the 


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1 Judiciary of the Senate, and the Committee on the 

2 Judiciary of the House of Representatives a list of 

3 the foreign law enforcement agencies designated 

4 under paragraph (3). 

5 (5) SENSE OF CONGRESS REGARDING DESIGNA6 TION OF FOREIGN AGENCIES.—It is the sense of 

7 Congress that— 

8 (A) combating the international manufac9 turing, possession, and trade in online child 

10 pornography requires cooperation with com11 petent, qualified, and appropriately trained for12 eign law enforcement agencies; and 

13 (B) the Attorney General, in cooperation 

14 with the Secretary of State, should make a sub15 stantial effort to expand the list of foreign 

16 agencies designated under paragraph (3). 

17 (6) NOTIFICATION TO PROVIDERS.—If an elec18 tronic communication service provider or remote 

19 computing service provider notifies the National 

20 Center for Missing and Exploited Children that the 

21 electronic communication service provider or remote 

22 computing service provider is making a report under 

23 this section as the result of a request by a foreign 

24 law enforcement agency, the National Center for 

25 Missing and Exploited Children shall— 


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1 (A) if the Center forwards the report to 

2 the requesting foreign law enforcement agency 

3 or another agency in the same country des4 ignated by the Attorney General under para5 graph (3), notify the electronic communication 

6 service provider or remote computing service 

7 provider of— 

8 (i) the identity of the foreign law en9 forcement agency to which the report was 

10 forwarded; and 

11 (ii) the date on which the report was 

12 forwarded; or 

13 (B) notify the electronic communication 

14 service provider or remote computing service 

15 provider if the Center declines to forward the 

16 report because the Center, in consultation with 

17 the Attorney General, determines that no law 

18 enforcement agency in the foreign country has 

19 been designated by the Attorney General under 

20 paragraph (3). 

21 (e) FAILURE TO REPORT.—An electronic commu22 nication service provider or remote computing service pro23 vider that knowingly and willfully fails to make a report 

24 required under subsection (a)(1) shall be fined— 


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1 (1) in the case of an initial knowing and willful 

2 failure to make a report, not more than $150,000; 

3 and 

4 (2) in the case of any second or subsequent 

5 knowing and willful failure to make a report, not 

6 more than $300,000. 

7 (f) PROTECTION OF PRIVACY.—Nothing in this sec8 tion shall be construed to require an electronic commu9 nication service provider or a remote computing service 

10 provider to— 

11 (1) monitor any user, subscriber, or customer of 

12 that provider; 

13 (2) monitor the content of any communication 

14 of any person described in paragraph (1); or 

15 (3) affirmatively seek facts or circumstances de16 scribed in subsections (a) and (b). 

17 (g) CONDITIONS OF DISCLOSURE INFORMATION

18 CONTAINED WITHIN REPORT.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), a law enforcement agency that receives a 

21 report under subsection (c) shall not disclose any in22 formation contained in that report. 

23 (2) PERMITTED DISCLOSURES BY LAW EN24 FORCEMENT.— 


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1 (A) IN GENERAL.—A law enforcement 

2 agency may disclose information in a report re3 ceived under subsection (c)— 

4 (i) to an attorney for the government 

5 for use in the performance of the official 

6 duties of that attorney; 

7 (ii) to such officers and employees of 

8 that law enforcement agency, as may be 

9 necessary in the performance of their in10 vestigative and recordkeeping functions; 

11 (iii) to such other government per12 sonnel (including personnel of a State or 

13 subdivision of a State) as are determined 

14 to be necessary by an attorney for the gov15 ernment to assist the attorney in the per16 formance of the official duties of the attor17 ney in enforcing Federal criminal law; 

18 (iv) if the report discloses a violation 

19 of State criminal law, to an appropriate of20 ficial of a State or subdivision of a State 

21 for the purpose of enforcing such State 

22 law; 

23 (v) to a defendant in a criminal case 

24 or the attorney for that defendant, subject 

25 to the terms and limitations under section 


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1 3509(m) of title 18, United States Code, 

2 or a similar State law, to the extent the in3 formation relates to a criminal charge 

4 pending against that defendant; 

5 (vi) subject to subparagraph (B), to 

6 an electronic communication service pro7 vider or remote computing provider if nec8 essary to facilitate response to legal proc9 ess issued in connection to a criminal in10 vestigation, prosecution, or post-conviction 

11 remedy relating to that report; and 

12 (vii) as ordered by a court upon a 

13 showing of good cause and pursuant to any 

14 protective orders or other conditions that 

15 the court may impose. 

16 (B) LIMITATIONS.— 

17 (i) LIMITATIONS ON FURTHER DIS18 CLOSURE.—The electronic communication 

19 service provider or remote computing serv20 ice provider shall be prohibited from dis21 closing the contents of a report provided 

22 under subparagraph (A)(vi) to any person, 

23 except as necessary to respond to the legal 

24 process. 


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1 (ii) EFFECT.—Nothing in subpara2 graph (A)(vi) authorizes a law enforcement 

3 agency to provide child pornography im4 ages to an electronic communications serv5 ice provider or a remote computing service. 

6 (3) PERMITTED DISCLOSURES BY THE NA7 TIONAL CENTER FOR MISSING AND EXPLOITED

8 CHILDREN.—The National Center for Missing and 

9 Exploited Children may disclose information received 

10 in a report under subsection (a) only— 

11 (A) to any Federal law enforcement agency 

12 designated by the Attorney General under sub13 section (d)(2); 

14 (B) to any State, local, or tribal law en15 forcement agency involved in the investigation 

16 of child pornography, child exploitation, kidnap17 ping, or enticement crimes; 

18 (C) to any foreign law enforcement agency 

19 designated by the Attorney General under sub20 section (d)(3); and 

21 (D) to an electronic communication service 

22 provider or remote computing service provider 

23 as described in section 8. 

24 (h) PRESERVATION.— 


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1 (1) IN GENERAL.—For the purposes of this sec2 tion, the notification to an electronic communication 

3 service provider or a remote computing service pro4 vider by the CyberTipline of receipt of a report 

5 under subsection (a)(1) shall be treated as a request 

6 to preserve, as if such request was made pursuant 

7 to section 3120A(f) of title 18, United States Code. 

8 (2) PRESERVATION OF REPORT.—Pursuant to 

9 paragraph (1), an electronic communication service 

10 provider or a remote computing service shall pre11 serve the contents of the report provided pursuant to 

12 subsection (b) for 90 days after such notification by 

13 the CyberTipline. 

14 (3) PRESERVATION OF COMMINGLED IMAGES.— 

15 Pursuant to paragraph (1), an electronic commu16 nication service provider or a remote computing 

17 service shall preserve any images, data, or other dig18 ital files that are commingled or interspersed among 

19 the images of apparent child pornography within a 

20 particular communication or user-created folder or 

21 directory. 

22 (4) PROTECTION OF PRESERVED MATERIALS.— 

23 An electronic communications service or remote com24 puting service preserving materials under this sec25 tion shall maintain the materials in a secure location 


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1 and take appropriate steps to limit access by agents 

2 or employees of the service to the materials to that 

3 access necessary to comply with the requirements of 

4 this subsection. 

5 (5) AUTHORITIES AND DUTIES NOT AF6 FECTED.—Nothing in this section shall be construed 

7 as replacing, amending, or otherwise interfering with 

8 the authorities and duties under section 3120A of 

9 title 18, United States Code. 

10 SEC. 7. REENACTMENT OUTSIDE TITLE 18 OF FORMER SEC11 TION 2258B (RELATING TO LIMITED LIABIL12 ITY FOR ELECTRONIC COMMUNICATION 

13 SERVICE PROVIDERS, REMOTE COMPUTING 

14 SERVICE PROVIDERS, OR DOMAIN NAME REG15 ISTRAR). 

16 (a) IN GENERAL.—Except as provided in subsection 

17 (b), a civil claim or criminal charge against an electronic 

18 communication service provider, a remote computing serv19 ice provider, or domain name registrar, including any di20 rector, officer, employee, or agent of such electronic com21 munication service provider, remote computing service 

22 provider, or domain name registrar arising from the per23 formance of the reporting or preservation responsibilities 

24 of such electronic communication service provider, remote 

25 computing service provider, or domain name registrar 


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1 under this section, section 6, or section 8 may not be 

2 brought in any Federal or State court. 

3 (b) INTENTIONAL, RECKLESS, OR OTHER MIS4 CONDUCT.—Subsection (a) does not apply to a claim if 

5 the electronic communication service provider, remote 

6 computing service provider, or domain name registrar, or 

7 a director, officer, employee, or agent of that electronic 

8 communication service provider, remote computing service 

9 provider, or domain name registrar— 

10 (1) engaged in intentional misconduct; or 

11 (2) acted, or failed to act— 

12 (A) with actual malice; 

13 (B) with reckless disregard to a substantial 

14 risk of causing physical injury without legal jus15 tification; or 

16 (C) for a purpose unrelated to the per17 formance of any responsibility or function 

18 under this section, section 6 or 8, or section 

19 3120 or 3120A of title 18, United States Code. 

20 (c) MINIMIZING ACCESS.—An electronic communica21 tion service provider, a remote computing service provider, 

22 and domain name registrar shall— 

23 (1) minimize the number of employees that are 

24 provided access to any image provided under section 

25 6 or 8; and 


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1 (2) ensure that any such image is permanently 

2 destroyed, upon a request from a law enforcement 

3 agency to destroy the image. 

4 SEC. 8. REENACTMENT OUTSIDE TITLE 18 OF FORMER SEC5 TION 2258C (RELATING TO USE TO COMBAT 

6 CHILD PORNOGRAPHY OF TECHNICAL ELE7 MENTS RELATING TO IMAGES REPORTED TO 

8 THE CYBERTIPLINE). 

9 (a) ELEMENTS.— 

10 (1) IN GENERAL.—The National Center for 

11 Missing and Exploited Children may provide ele12 ments relating to any apparent child pornography 

13 image of an identified child to an electronic commu14 nication service provider or a remote computing 

15 service provider for the sole and exclusive purpose of 

16 permitting that electronic communication service 

17 provider or remote computing service provider to 

18 stop the further transmission of images. 

19 (2) INCLUSIONS.—The elements authorized 

20 under paragraph (1) may include hash values or 

21 other unique identifiers associated with a specific 

22 image, Internet location of images, and other tech23 nological elements that can be used to identify and 

24 stop the transmission of child pornography. 


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1 (3) EXCLUSION.—The elements authorized 

2 under paragraph (1) may not include the actual im3 ages. 

4 (b) USE BY ELECTRONIC COMMUNICATION SERVICE

5 PROVIDERS AND REMOTE COMPUTING SERVICE PRO6 VIDERS.—Any electronic communication service provider 

7 or remote computing service provider that receives ele8 ments relating to any apparent child pornography image 

9 of an identified child from the National Center for Missing 

10 and Exploited Children under this section may use such 

11 information only for the purposes described in this section, 

12 but such use does not relieve that electronic communica13 tion service provider or remote computing service provider 

14 from its reporting obligations under section 6. 

15 (c) LIMITATIONS.—Nothing in subsection (a) or (b) 

16 requires electronic communication service providers or re17 mote computing service providers receiving elements relat18 ing to any apparent child pornography image of an identi19 fied child from the National Center for Missing and Ex20 ploited Children to use the elements to stop the further 

21 transmission of the images. 

22 (d) PROVISION OF ELEMENTS TO LAW ENFORCE23 MENT.—The National Center for Missing and Exploited 

24 Children shall make available to Federal, State, and local 

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1 nography crimes elements, including hash values, relating 

2 to any apparent child pornography image of an identified 

3 child reported to the National Center for Missing and Ex4 ploited Children. 

5 (e) USE BY LAW ENFORCEMENT.—Any Federal, 

6 State, or local law enforcement agency that receives ele7 ments relating to any apparent child pornography image 

8 of an identified child from the National Center for Missing 

9 and Exploited Children under subsection (d) may use such 

10 elements only in the performance of the official duties of 

11 that agency to investigate child pornography crimes. 

12 SEC. 9. REENACTMENT OUTSIDE TITLE 18 OF FORMER SEC13 TION 2258D (RELATING TO LIMITED LIABIL14 ITY FOR THE NATIONAL CENTER FOR MISS15 ING AND EXPLOITED CHILDREN). 

16 (a) IN GENERAL.—Except as provided in subsections 

17 (b) and (c), a civil claim or criminal charge against the 

18 National Center for Missing and Exploited Children, in19 cluding any director, officer, employee, or agent of such 

20 center, arising from the performance of the CyberTipline 

21 responsibilities or functions of such center, as described 

22 in this section, section 6 or 8, or section 404 of the Miss23 ing Children’s Assistance Act, or from the effort of such 

24 center to identify child victims may not be brought in any 

25 Federal or State court. 


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1 (b) INTENTIONAL, RECKLESS, OR OTHER MIS2 CONDUCT.—Subsection (a) does not apply to a claim or 

3 charge if the National Center for Missing and Exploited 

4 Children, or a director, officer, employee, or agent of such 

5 center— 

6 (1) engaged in intentional misconduct; or 

7 (2) acted, or failed to act— 

8 (A) with actual malice; 

9 (B) with reckless disregard to a substantial 

10 risk of causing injury without legal justification; 

11 or 

12 (C) for a purpose unrelated to the per13 formance of any responsibility or function 

14 under this section, section 6 or 8, or section 

15 404 of the Missing Children’s Assistance Act. 

16 (c) ORDINARY BUSINESS ACTIVITIES.—Subsection 

17 (a) does not apply to an act or omission relating to an 

18 ordinary business activity, including general administra19 tion or operations, the use of motor vehicles, or personnel 

20 management. 

21 (d) MINIMIZING ACCESS.—The National Center for 

22 Missing and Exploited Children shall— 

23 (1) minimize the number of employees that are 

24 provided access to any image provided under section 

25 6; and 


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1 (2) ensure that any such image is permanently 

2 destroyed upon notification from a law enforcement 

3 agency. 

4 SEC. 10. REENACTMENT OUTSIDE TITLE 18 OF FORMER 

5 SECTION 2258E (RELATING TO DEFINITIONS). 

6 In sections 6 through 9— 

7 (1) the terms ‘‘attorney for the government’’ 

8 and ‘‘State’’ have the meanings given those terms in 

9 rule 1 of the Federal Rules of Criminal Procedure; 

10 (2) the term ‘‘electronic communication service’’ 

11 has the meaning given that term in section 1491 of 

12 title 18, United States Code; 

13 (3) the term ‘‘electronic mail address’’ has the 

14 meaning given that term in section 3 of the CAN– 

15 SPAM Act of 2003; 

16 (4) the term ‘‘Internet’’ has the meaning given 

17 that term in section 1101 of the Internet Tax Free18 dom Act; 

19 (5) the term ‘‘remote computing service’’ has 

20 the meaning given that term in section 3120I of title 

21 18, United States Code; and 

22 (6) the term ‘‘website’’ means any collection of 

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1 net, using hypertext transfer protocol or any suc2 cessor protocol. 

3 SEC. 11. REENACTMENT OUTSIDE TITLE 18 OF SUBSECTION 

4 (F) OF FORMER SECTION 1716E (RELATING TO 

5 USE OF PENALTIES). 

6 There is established a separate account in the Treas7 ury, to be known as the ‘‘PACT Postal Service Fund’’. 

8 Notwithstanding any other provision of law, an amount 

9 equal to 50 percent of any criminal fines, civil penalties, 

10 or other monetary penalties collected by the Federal Gov11 ernment in enforcing section 951 of title 18, United States 

12 Code, shall be transferred into the PACT Postal Service 

13 Fund and shall be available to the Postmaster General for 

14 the purpose of enforcing this section. 

15 SEC. 12. TRANSFER TO PART II OF TITLE 18, UNITED 

16 STATES CODE, OF CERTAIN PROCEDURAL 

17 AND RELATED PROVISIONS. 

18 Part II of title 18, United States Code, is amended— 

19 (1) by inserting after chapter 205 the following: 

20 ‘‘CHAPTER 205A—PROCEDURAL AND RE21 LATED PROVISIONS PERTAINING TO 

22 INTERCEPTION OF COMMUNICATIONS 

‘‘Sec 

‘‘3119. Prohibition of use as evidence of intercepted wire or oral communications 

‘‘3119A. Authorization for interception of wire, oral, or electronic communications 

‘‘3119B. Authorization for disclosure and use of intercepted wire, oral, or electronic communications 

‘‘3119C. Procedure for interception of wire, oral, or electronic communications 


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‘‘3119D. Reports concerning intercepted wire, oral, or electronic communications 

‘‘3119E. Recovery of civil damages authorized 

‘‘3119F. Injunction against illegal interception 

‘‘3119G. Enforcement of the Communications Assistance for Law Enforcement 

Act 

‘‘3119H. Definitions 

1 ‘‘§ 3119. Prohibition of use as evidence of intercepted 

2 wire or oral communications 

3 ‘‘Whenever any wire or oral communication has been 

4 intercepted, no part of the contents of such communica5 tion and no evidence derived therefrom may be received 

6 in evidence in any trial, hearing, or other proceeding in 

7 or before any court, grand jury, department, officer, agen8 cy, regulatory body, legislative committee, or other author9 ity of the United States, a State, or a political subdivision 

10 thereof if the disclosure of that information would be in 

11 violation of this chapter. 

12 ‘‘§ 3119A. Authorization for interception of wire, oral, 

13 or electronic communications 

14 ‘‘(a) FEDERAL PROSECUTORS.—The Attorney Gen15 eral, Deputy Attorney General, Associate Attorney Gen16 eral, or any Assistant Attorney General, any acting Assist17 ant Attorney General, or any Deputy Assistant Attorney 

18 General or acting Deputy Assistant Attorney General in 

19 the Criminal Division specially designated by the Attorney 

20 General, may authorize an application to a Federal judge 

21 of competent jurisdiction for, and such judge may grant 

22 in conformity with section 3119C an order authorizing or 


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1 approving the interception of wire or oral communications 

2 by the Federal Bureau of Investigation, or a Federal agen3 cy having responsibility for the investigation of the offense 

4 as to which the application is made, when such intercep5 tion may provide or has provided evidence of— 

6 ‘‘(1) any felony offense under section 272 (re7 lating to atomic weapons), section 783 (relating to 

8 fraud and related activity in connection with identi9 fication documents, authentication features, and in10 formation), section 787 (relating to fraud and re11 lated activity in connection with computers), sub12 chapter C of chapter 10 (relating to kidnapping), 

13 subchapter A of chapter 15 (relating to treason), 

14 subchapter E of chapter 15 (relating to espionage), 

15 subchapter E of chapter 21 (relating to biological 

16 weapons), subchapter N of chapter 29 (relating to 

17 malicious mischief), subchapter A of chapter 31 (re18 lating to piracy), subchapter E of chapter 33, or 

19 subchapter C of chapter 35 (relating to protection of 

20 trade secrets) of this title, or section 236 of the 

21 Atomic Energy Act of 1954; 

22 ‘‘(2) a violation of section 186 or section 501(c) 

23 of title 29, (dealing with restrictions on payments 

24 and loans to labor organizations), or any offense 


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1 which involves murder, kidnapping, robbery, or ex2 tortion, and which is punishable under this title; 

3 ‘‘(3) any offense which is punishable under 

4 paragraph (2), (4), (6), or (7) of section 102 (relat5 ing to Federally punishable homicides), section 112 

6 (relating to individuals Federally protected from as7 sault) if the victim is an individual whose killing is 

8 an offense under paragraph (6) or (7) of section 

9 102, section 121 (relating to kidnapping) if the vic10 tim is an individual whose killing is an offense under 

11 paragraph (6) or (7) of section 102, section 123 (re12 lating to hostage taking), section 131 (relating to 

13 threats against officers or employees of the United 

14 States, and other specially protected persons), sub15 chapter B of chapter 13 (relating to transport for il16 legal sexual activity), section 221 (relating to sexual 

17 exploitation of children), section 222 (relating to 

18 selling or buying of children), section 223 (certain 

19 activities relating to materials involving the sexual 

20 exploitation of children and child pornography), sec21 tion 311 (relating to false statement in application 

22 and use of passport), section 312 (relating to forgery 

23 or false use of passport), section 313 (relating to 

24 misuse of passport), section 314 (relating to fraud 

25 and misuse of visas, permits, and other documents), 


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1 section 315 (relating to procurement of citizenship 

2 or nationalization unlawfully), section 316 (relating 

3 to the sale of naturalization or citizenship papers), 

4 section 501 (interference with commerce by threats 

5 or violence), section 502 (interstate and foreign trav6 el or transportation in aid of racketeering enter7 prises), 504 (offer, acceptance, or solicitation to in8 fluence operations of employee benefit plan), section 

9 505 (prohibition of illegal gambling businesses), sec10 tion 506 (relating to use of interstate commerce fa11 cilities in the commission of murder for hire), sec12 tion 507 (relating to violent crimes in aid of racket13 eering activity), section 513 (relating to criminal 

14 penalties with respect to racketeer influenced and 

15 corrupt organizations), section 571 (relating to 

16 arson within special maritime and territorial juris17 diction), section 593 (relating to possession of fire18 arms and dangerous weapons in Federal facilities), 

19 section 601 (relating to prohibited transactions in20 volving nuclear materials), subsection (d), (e), (f), 

21 (g), (h), or (i) of section 614 (relating to penalties 

22 with respect to unlawful use of explosives), section 

23 621 (relating to prohibitions with respect to biologi24 cal weapons), section 624 (relating to variola virus), 

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1 ments by carrier; state prosecutions), section 651 

2 (theft or embezzlement from employee benefit plan), 

3 section 671 (relating to transportation of stolen ve4 hicles), section 672 (relating to sale or receipt of sto5 len vehicles), section 673 (relating to transportation 

6 of stolen goods, securities, moneys, fraudulent State 

7 tax stamps, or articles used in counterfeiting), sec8 tion 674 (relating to sale or receipt of stolen goods, 

9 securities, moneys, or fraudulent State tax stamps), 

10 section 681 (relating to trafficking in certain motor 

11 vehicles or motor vehicle parts), section 779 (relat12 ing to loan and credit applications generally; renew13 als and discounts; crop insurance), section 786 (re14 lating to fraud and related activity in connection 

15 with access devices), section 789 (relating to con16 cealment of assets from conservator, receiver, or liq17 uidating agent of financial institution), section 801 

18 (relating to mail fraud), section 803 (fraud by wire, 

19 radio, or television), section 804 (relating to bank 

20 fraud), section 924 (relating to conspiracy to kill, 

21 kidnap, maim, or injure persons or damage property 

22 in a foreign country), section 991 (relating to brib23 ery of public officials and witnesses), section 1003 

24 (relating to receipt of commissions or gifts for pro25 curing loans), section 1007 (bribery in sporting conVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01176 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 tests), section 1071 (relating to prisoners in custody 

2 of institution or officer), section 1132 (relating to 

3 influencing or injuring officer or juror generally), 

4 section 1135 (relating to obstruction of criminal in5 vestigations), section 1136 (relating to obstruction 

6 of State or local law enforcement with regard to ille7 gal gambling business), section 1137 (relating to 

8 tampering with a witness, victim, or an informant), 

9 section 1138 (relating to retaliating against a wit10 ness, victim, or an informant), section 1265 (sex 

11 trafficking of children by force, fraud, or coercion), 

12 section 1291 (relating to torture), section 1301 (re13 lating to destruction of aircraft or aircraft facilities), 

14 section 1302 (relating to destruction of motor vehi15 cles or motor vehicle facilities), section 1305 (relat16 ing to violence at international airports), section 

17 1306 (relating to fraud involving aircraft or space 

18 vehicle parts in interstate or foreign commerce), sec19 tion 1302 (relating to destruction of motor vehicles 

20 or motor vehicle facilities), section 1331 (relating to 

21 terrorist attacks and other violence against railroad 

22 carriers and against mass transportation systems on 

23 land, on water, or through the air), section 1373 (re24 lating to force, violence, and threats involving animal 

25 enterprises), section 1381 (relating to transmission 


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1 of wagering information; penalties), section 1445 

2 (relating to obscene visual representations of the 

3 sexual abuse of children), section 1451 (relating to 

4 laundering of monetary instruments), section 1452 

5 (relating to engaging in monetary transactions in 

6 property derived from specified unlawful activity), 

7 section 3146 (relating to penalty for failure to ap8 pear), subsection (b)(3) of section 3521 (relating to 

9 witness relocation and protection), or section 868 

10 (relating to border tunnels and passages); 

11 ‘‘(4) any offense involving counterfeiting pun12 ishable under section 692, 693, or 694; 

13 ‘‘(5) any offense involving fraud connected with 

14 a case under title 11 or the manufacture, importa15 tion, receiving, concealment, buying, selling, or oth16 erwise dealing in narcotic drugs, marihuana, or 

17 other dangerous drugs, punishable under any law of 

18 the United States; 

19 ‘‘(6) any offense including extortionate credit 

20 transactions under section 155, 156, or 157; 

21 ‘‘(7) a violation of section 1453 (relating to 

22 structuring transactions to evade reporting require23 ment prohibited) of this title or section 5322 (relat24 ing to the reporting of currency transactions) of title 

25 31; 


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1 ‘‘(8) any felony violation of sections 1492 and 

2 1493 (relating to interception and disclosure of cer3 tain communications and to certain intercepting de4 vices); 

5 ‘‘(9) any felony violation of subchapter F of 

6 chapter 35 (relating to obscenity); 

7 ‘‘(10) any violation of section 1307 (relating to 

8 aircraft piracy), the second sentence of section 1308 

9 (relating to assault on a flight crew with dangerous 

10 weapon), or subsection (b)(3) or (c) of section 1309 

11 (relating to explosive or incendiary devices, or 

12 endangerment of human life, by means of weapons 

13 on aircraft) of this title, or section 60123(b) (relat14 ing to destruction of a natural gas pipeline) of title 

15 49; 

16 ‘‘(11) any criminal violation of section 2778 of 

17 title 22 (relating to the Arms Export Control Act); 

18 ‘‘(12) the location of any fugitive from justice 

19 from an offense described in this section; 

20 ‘‘(13) a violation of section 318 (relating to 

21 bringing in and harboring certain aliens), section 

22 321 (relating to reentry of removed alien) of this 

23 title or section 278 of the Immigration and Nation24 ality Act; 


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1 ‘‘(14) any felony violation of sections 582 and 

2 584; 

3 ‘‘(15) any violation of section 5861 of the Inter4 nal Revenue Code of 1986 (relating to firearms); 

5 ‘‘(16) a felony violation of section 311 (relating 

6 to false statements in passport applications), section 

7 314 (relating to fraud and misuse of visas, permits, 

8 and other documents), section 318 (relating to 

9 bringing in and harboring certain aliens), section 

10 321 (relating to reentry of removed alien), section 

11 783 (relating to production of false identification 

12 documents), or section 784 (relating to aggravated 

13 identity theft) of this title or a violation of section 

14 278 of the Immigration and Nationality Act; 

15 ‘‘(17) any criminal violation of section 631 (re16 lating to chemical weapons); or sections 271, 273, 

17 274, 275, 276, 277, 278, 279, 280, or 281 (relating 

18 to terrorism); 

19 ‘‘(18) any violation of section 657 (relating to 

20 theft of medical products); 

21 ‘‘(19) any criminal violation of section 1 (relat22 ing to illegal restraints of trade or commerce), 2 (re23 lating to illegal monopolizing of trade or commerce), 

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1 merce in territories or the District of Columbia) of 

2 the Sherman Act; or 

3 ‘‘(20) any conspiracy to commit any offense de4 scribed in any paragraph of this subsection. 

5 ‘‘(b) STATE PROSECUTORS.—The principal pros6 ecuting attorney of any State, or the principal prosecuting 

7 attorney of any political subdivision thereof, if such attor8 ney is authorized by a statute of that State to make appli9 cation to a State court judge of competent jurisdiction for 

10 an order authorizing or approving the interception of wire, 

11 oral, or electronic communications, may apply to such 

12 judge for, and such judge may grant in conformity with 

13 section 3119C and with the applicable State statute an 

14 order authorizing, or approving the interception of wire, 

15 oral, or electronic communications by investigative or law 

16 enforcement officers having responsibility for the inves17 tigation of the offense as to which the application is made, 

18 when such interception may provide or has provided evi19 dence of the commission of the offense of murder, kidnap20 ping, gambling, robbery, bribery, extortion, or dealing in 

21 narcotic drugs, marihuana or other dangerous drugs, or 

22 other crime dangerous to life, limb, or property, and pun23 ishable by imprisonment for more than one year, des24 ignated in any applicable State statute authorizing such 


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1 interception, or any conspiracy to commit any of the fore2 going offenses. 

3 ‘‘(c) INTERCEPTION FOR EVIDENCE OF FEDERAL

4 FELONIES.—Any attorney for the Government (as such 

5 term is defined for the purposes of the Federal Rules of 

6 Criminal Procedure) may authorize an application to a 

7 Federal judge of competent jurisdiction for, and such 

8 judge may grant, in conformity with section 3119C, an 

9 order authorizing or approving the interception of elec10 tronic communications by an investigative or law enforce11 ment officer having responsibility for the investigation of 

12 the offense as to which the application is made, when such 

13 interception may provide or has provided evidence of any 

14 Federal felony. 

15 ‘‘§ 3119B. Authorization for disclosure and use of 

16 intercepted wire, oral, or electronic com17 munications 

18 ‘‘(a) DISCLOSURE TO INVESTIGATIVE OR LAW EN19 FORCEMENT OFFICERS.—Any investigative or law en20 forcement officer who, by any means authorized by this 

21 chapter, has obtained knowledge of the contents of any 

22 wire, oral, or electronic communication, or evidence de23 rived therefrom, may disclose such contents to another in24 vestigative or law enforcement officer to the extent that 

25 such disclosure is appropriate to the proper performance 


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1 of the official duties of the officer making or receiving the 

2 disclosure. 

3 ‘‘(b) USE OF CONTENTS IN PERFORMANCE OF DU4 TIES.—Any investigative or law enforcement officer who, 

5 by any means authorized by this chapter, has obtained 

6 knowledge of the contents of any wire, oral, or electronic 

7 communication or evidence derived therefrom may use 

8 such contents to the extent such use is appropriate to the 

9 proper performance of his official duties. 

10 ‘‘(c) USE OF CONTENTS IN TESTIMONY.—Any person 

11 who has received, by any means authorized by this chap12 ter, any information concerning a wire, oral, or electronic 

13 communication, or evidence derived therefrom intercepted 

14 in accordance with this chapter may disclose the contents 

15 of that communication or such derivative evidence while 

16 giving testimony under oath or affirmation in any pro17 ceeding held under the authority of the United States or 

18 of any State or political subdivision thereof. 

19 ‘‘(d) PRIVILEGED CHARACTER.—No otherwise privi20 leged wire, oral, or electronic communication intercepted 

21 in accordance with, or in violation of, this chapter shall 

22 lose its privileged character. 

23 ‘‘(e) OFFENSES OTHER THAN THOSE SPECIFIED IN

24 THE ORDER.—When an investigative or law enforcement 

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1 tronic communications in the manner authorized herein, 

2 intercepts wire, oral, or electronic communications relating 

3 to offenses other than those specified in the order of au4 thorization or approval, the contents thereof, and evidence 

5 derived therefrom, may be disclosed or used as provided 

6 in subsections (a) and (b). Such contents and any evidence 

7 derived therefrom may be used under subsection (c) when 

8 authorized or approved by a judge of competent jurisdic9 tion where such judge finds on subsequent application that 

10 the contents were otherwise intercepted in accordance with 

11 this chapter. Such application shall be made as soon as 

12 practicable. 

13 ‘‘(f) DOMESTIC USE OF INTELLIGENCE AND COUN14 TERINTELLIGENCE INFORMATION.—Any investigative or 

15 law enforcement officer, or attorney for the Government, 

16 who by any means authorized by this chapter, has ob17 tained knowledge of the contents of any wire, oral, or elec18 tronic communication, or evidence derived therefrom, may 

19 disclose such contents to any other Federal law enforce20 ment, intelligence, protective, immigration, national de21 fense, or national security official to the extent that such 

22 contents include foreign intelligence or counterintelligence 

23 (as defined in section 3 of the National Security Act of 

24 1947), or foreign intelligence information (as defined in 

25 section 1491), to assist the official who is to receive that 


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1 information in the performance of his official duties. Any 

2 Federal official who receives information pursuant to this 

3 provision may use that information only as necessary in 

4 the conduct of that person’s official duties subject to any 

5 limitations on the unauthorized disclosure of such infor6 mation. 

7 ‘‘(g) FOREIGN USE OF INTELLIGENCE AND COUN8 TERINTELLIGENCE INFORMATION.—Any investigative or 

9 law enforcement officer, or other Federal official in car10 rying out official duties as such Federal official, who by 

11 any means authorized by this chapter, has obtained knowl12 edge of the contents of any wire, oral, or electronic com13 munication, or evidence derived therefrom, may disclose 

14 such contents or derivative evidence to a foreign investiga15 tive or law enforcement officer to the extent that such dis16 closure is appropriate to the proper performance of the 

17 official duties of the officer making or receiving the disclo18 sure, and foreign investigative or law enforcement officers 

19 may use or disclose such contents or derivative evidence 

20 to the extent such use or disclosure is appropriate to the 

21 proper performance of their official duties. 

22 ‘‘(h) DISCLOSURE FOR PUBLIC SAFETY PUR23 POSES.—Any investigative or law enforcement officer, or 

24 other Federal official in carrying out official duties as such 

25 Federal official, who by any means authorized by this 


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1 chapter, has obtained knowledge of the contents of any 

2 wire, oral, or electronic communication, or evidence de3 rived therefrom, may disclose such contents or derivative 

4 evidence to any appropriate Federal, State, local, or for5 eign government official to the extent that such contents 

6 or derivative evidence reveals a threat of actual or poten7 tial attack or other grave hostile acts of a foreign power 

8 or an agent of a foreign power, domestic or international 

9 sabotage, domestic or international terrorism, or clandes10 tine intelligence gathering activities by an intelligence 

11 service or network of a foreign power or by an agent of 

12 a foreign power, within the United States or elsewhere, 

13 for the purpose of preventing or responding to such a 

14 threat. Any official who receives information pursuant to 

15 this provision may use that information only as necessary 

16 in the conduct of that person’s official duties subject to 

17 any limitations on the unauthorized disclosure of such in18 formation, and any State, local, or foreign official who re19 ceives information pursuant to this provision may use that 

20 information only consistent with such guidelines as the At21 torney General and Director of Central Intelligence shall 

22 jointly issue. 


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1 ‘‘§ 3119C. Procedure for interception of wire, oral, or 

2 electronic communications 

3 ‘‘(a) APPLICATION.—Each application for an order 

4 authorizing or approving the interception of a wire, oral, 

5 or electronic communication under this chapter shall be 

6 made in writing upon oath or affirmation to a judge of 

7 competent jurisdiction and shall state the applicant’s au8 thority to make such application. Each application shall 

9 include the following information: 

10 ‘‘(1) The identity of the investigative or law en11 forcement officer making the application, and the of12 ficer authorizing the application. 

13 ‘‘(2) A full and complete statement of the facts 

14 and circumstances relied upon by the applicant, to 

15 justify his belief that an order should be issued, in16 cluding (A) details as to the particular offense that 

17 has been, is being, or is about to be committed, (B) 

18 except as provided in subsection (k), a particular de19 scription of the nature and location of the facilities 

20 from which or the place where the communication is 

21 to be intercepted, (C) a particular description of the 

22 type of communications sought to be intercepted, 

23 (D) the identity of the person, if known, committing 

24 the offense and whose communications are to be 

25 intercepted. 


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1 ‘‘(3) A full and complete statement as to wheth2 er or not other investigative procedures have been 

3 tried and failed or why they reasonably appear to be 

4 unlikely to succeed if tried or to be too dangerous. 

5 ‘‘(4) A statement of the period of time for 

6 which the interception is required to be maintained. 

7 If the nature of the investigation is such that the 

8 authorization for interception should not automati9 cally terminate when the described type of commu10 nication has been first obtained, a particular de11 scription of facts establishing probable cause to be12 lieve that additional communications of the same 

13 type will occur thereafter. 

14 ‘‘(5) A full and complete statement of the facts 

15 concerning all previous applications known to the in16 dividual authorizing and making the application, 

17 made to any judge for authorization to intercept, or 

18 for approval of interceptions of, wire, oral, or elec19 tronic communications involving any of the same 

20 persons, facilities or places specified in the applica21 tion, and the action taken by the judge on each such 

22 application. 

23 ‘‘(6) Where the application is for the extension 

24 of an order, a statement setting forth the results 


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1 thus far obtained from the interception, or a reason2 able explanation of the failure to obtain such results. 

3 ‘‘(b) ADDITIONAL TESTIMONY OR DOCUMENTARY

4 EVIDENCE.—The judge may require the applicant to fur5 nish additional testimony or documentary evidence in sup6 port of the application. 

7 ‘‘(c) EX PARTE ORDER.—Upon such application the 

8 judge may enter an ex parte order, as requested or as 

9 modified, authorizing or approving interception of wire, 

10 oral, or electronic communications within the territorial 

11 jurisdiction of the court in which the judge is sitting (and 

12 outside that jurisdiction but within the United States in 

13 the case of a mobile interception device authorized by a 

14 Federal court within such jurisdiction), if the judge deter15 mines on the basis of the facts submitted by the applicant 

16 that— 

17 ‘‘(1) there is probable cause for belief that an 

18 individual is committing, has committed, or is about 

19 to commit a particular offense enumerated in section 

20 3119A; 

21 ‘‘(2) there is probable cause for belief that par22 ticular communications concerning that offense will 

23 be obtained through such interception; 


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1 ‘‘(3) normal investigative procedures have been 

2 tried and have failed or reasonably appear to be un3 likely to succeed if tried or to be too dangerous; and 

4 ‘‘(4) except as provided in subsection (k), there 

5 is probable cause for belief that the facilities from 

6 which, or the place where, the wire, oral, or elec7 tronic communications are to be intercepted are 

8 being used, or are about to be used, in connection 

9 with the commission of such offense, or are leased 

10 to, listed in the name of, or commonly used by such 

11 person. 

12 ‘‘(d) CONTENTS OF ORDER.—Each order authorizing 

13 or approving the interception of any wire, oral, or elec14 tronic communication under this chapter shall specify— 

15 ‘‘(1) the identity of the person, if known, whose 

16 communications are to be intercepted; 

17 ‘‘(2) the nature and location of the communica18 tions facilities as to which, or the place where, au19 thority to intercept is granted; 

20 ‘‘(3) a particular description of the type of com21 munication sought to be intercepted, and a state22 ment of the particular offense to which it relates; 

23 ‘‘(4) the identity of the agency authorized to 

24 intercept the communications, and of the person au25 thorizing the application; and 


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1 ‘‘(5) the period of time during which such inter2 ception is authorized, including a statement as to 

3 whether or not the interception shall automatically 

4 terminate when the described communication has 

5 been first obtained. 

6 An order authorizing the interception of a wire, oral, or 

7 electronic communication under this chapter shall, upon 

8 request of the applicant, direct that a provider of wire or 

9 electronic communication service, landlord, custodian or 

10 other person shall furnish the applicant forthwith all infor11 mation, facilities, and technical assistance necessary to ac12 complish the interception unobtrusively and with a min13 imum of interference with the services that such service 

14 provider, landlord, custodian, or person is according the 

15 person whose communications are to be intercepted. Any 

16 provider of wire or electronic communication service, land17 lord, custodian or other person furnishing such facilities 

18 or technical assistance shall be compensated therefor by 

19 the applicant for reasonable expenses incurred in pro20 viding such facilities or assistance. Pursuant to section 

21 3119G, an order may also be issued to enforce the assist22 ance capability and capacity requirements under the Com23 munications Assistance for Law Enforcement Act. 

24 ‘‘(e) LIMITATIONS ON ORDERS.—No order entered 

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1 tion of any wire, oral, or electronic communication for any 

2 period longer than is necessary to achieve the objective 

3 of the authorization, nor in any event longer than thirty 

4 days. Such thirty-day period begins on the earlier of the 

5 day on which the investigative or law enforcement officer 

6 first begins to conduct an interception under the order or 

7 ten days after the order is entered. Extensions of an order 

8 may be granted, but only upon application for an exten9 sion made in accordance with subsection (a) of this section 

10 and the court making the findings required by subsection 

11 (c) of this section. The period of extension shall be no 

12 longer than the authorizing judge deems necessary to 

13 achieve the purposes for which it was granted and in no 

14 event for longer than thirty days. Every order and exten15 sion thereof shall contain a provision that the authoriza16 tion to intercept shall be executed as soon as practicable, 

17 shall be conducted in such a way as to minimize the inter18 ception of communications not otherwise subject to inter19 ception under this chapter, and must terminate upon at20 tainment of the authorized objective, or in any event in 

21 thirty days. In the event the intercepted communication 

22 is in a code or foreign language, and an expert in that 

23 foreign language or code is not reasonably available during 

24 the interception period, minimization may be accomplished 

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1 tion under this chapter may be conducted in whole or in 

2 part by Government personnel, or by an individual oper3 ating under a contract with the Government, acting under 

4 the supervision of an investigative or law enforcement offi5 cer authorized to conduct the interception. 

6 ‘‘(f) REPORTS TO ISSUING JUDGE.—Whenever an 

7 order authorizing interception is entered pursuant to this 

8 chapter, the order may require reports to be made to the 

9 judge who issued the order showing what progress has 

10 been made toward achievement of the authorized objective 

11 and the need for continued interception. Such reports shall 

12 be made at such intervals as the judge may require. 

13 ‘‘(g) EMERGENCY SITUATIONS.—Notwithstanding 

14 any other provision of this chapter, any investigative or 

15 law enforcement officer, specially designated by the Attor16 ney General, the Deputy Attorney General, the Associate 

17 Attorney General, or by the principal prosecuting attorney 

18 of any State or subdivision thereof acting pursuant to a 

19 statute of that State, who reasonably determines that— 

20 ‘‘(1) an emergency situation exists that in21 volves— 

22 ‘‘(A) immediate danger of death or serious 

23 physical injury to any person, 

24 ‘‘(B) conspiratorial activities threatening 

25 the national security interest, or 


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1 ‘‘(C) conspiratorial activities characteristic 

2 of organized crime, 

3 that requires a wire, oral, or electronic communica4 tion to be intercepted before an order authorizing 

5 such interception can, with due diligence, be ob6 tained, and 

7 ‘‘(2) there are grounds upon which an order 

8 could be entered under this chapter to authorize 

9 such interception, 

10 may intercept such wire, oral, or electronic communication 

11 if an application for an order approving the interception 

12 is made in accordance with this section within forty-eight 

13 hours after the interception has occurred, or begins to 

14 occur. In the absence of an order, such interception shall 

15 immediately terminate when the communication sought is 

16 obtained or when the application for the order is denied, 

17 whichever is earlier. In the event such application for ap18 proval is denied, or in any other case where the intercep19 tion is terminated without an order having been issued, 

20 the contents of any wire, oral, or electronic communication 

21 intercepted shall be treated as having been obtained in vio22 lation of this chapter, and an inventory shall be served 

23 as provided for in subsection (d) of this section on the 

24 person named in the application. 


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1 ‘‘(h) RECORDING OF INTERCEPTION.—(1) The con2 tents of any wire, oral, or electronic communication inter3 cepted by any means authorized by this chapter shall, if 

4 possible, be recorded on tape or wire or other comparable 

5 device. The recording of the contents of any wire, oral, 

6 or electronic communication under this subsection shall be 

7 done in such a way as will protect the recording from edit8 ing or other alterations. Immediately upon the expiration 

9 of the period of the order, or extensions thereof, such re10 cordings shall be made available to the judge issuing such 

11 order and sealed under his directions. Custody of the re12 cordings shall be wherever the judge orders. They shall 

13 not be destroyed except upon an order of the issuing or 

14 denying judge and in any event shall be kept for ten years. 

15 Duplicate recordings may be made for use or disclosure 

16 pursuant to subsections (a) and (b) of section 3119B for 

17 investigations. The presence of the seal provided for by 

18 this subsection, or a satisfactory explanation for the ab19 sence thereof, shall be a prerequisite for the use or disclo20 sure of the contents of any wire, oral, or electronic commu21 nication or evidence derived therefrom under subsection 

22 (c) of section 3119B. 

23 ‘‘(2) Applications made and orders granted under 

24 this chapter shall be sealed by the judge. Custody of the 

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1 rects. Such applications and orders shall be disclosed only 

2 upon a showing of good cause before a judge of competent 

3 jurisdiction and shall not be destroyed except on order of 

4 the issuing or denying judge, and in any event shall be 

5 kept for ten years. 

6 ‘‘(3) Any violation of the provisions of this subsection 

7 may be punished as contempt of the issuing or denying 

8 judge. 

9 ‘‘(4) Within a reasonable time but not later than 

10 ninety days after the filing of an application for an order 

11 of approval under section 3119C(f)(2) which is denied or 

12 the termination of the period of an order or extensions 

13 thereof, the issuing or denying judge shall cause to be 

14 served, on the persons named in the order or the applica15 tion, and such other parties to intercepted communica16 tions as the judge may determine in his discretion that 

17 is in the interest of justice, an inventory which shall in18 clude notice of— 

19 ‘‘(A) the fact of the entry of the order or the 

20 application; 

21 ‘‘(B) the date of the entry and the period of au22 thorized, approved or disapproved interception, or 

23 the denial of the application; and 


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1 ‘‘(C) the fact that during the period wire, oral, 

2 or electronic communications were or were not inter3 cepted. 

4 The judge, upon the filing of a motion, may in his discre5 tion make available to such person or his counsel for in6 spection such portions of the intercepted communications, 

7 applications and orders as the judge determines to be in 

8 the interest of justice. On an ex parte showing of good 

9 cause to a judge of competent jurisdiction the serving of 

10 the inventory required by this subsection may be post11 poned. 

12 ‘‘(i) EXCLUSION AS EVIDENCE.—The contents of any 

13 wire, oral, or electronic communication intercepted pursu14 ant to this chapter or evidence derived therefrom shall not 

15 be received in evidence or otherwise disclosed in any trial, 

16 hearing, or other proceeding in a Federal or State court 

17 unless each party, not less than ten days before the trial, 

18 hearing, or proceeding, has been furnished with a copy of 

19 the court order, and accompanying application, under 

20 which the interception was authorized or approved. This 

21 ten-day period may be waived by the judge if he finds that 

22 it was not possible to furnish the party with the above 

23 information ten days before the trial, hearing, or pro24 ceeding and that the party will not be prejudiced by the 

25 delay in receiving such information. 


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1 ‘‘(j) MOVE TO SUPPRESS.—(1) Any aggrieved person 

2 in any trial, hearing, or proceeding in or before any court, 

3 department, officer, agency, regulatory body, or other au4 thority of the United States, a State, or a political subdivi5 sion thereof, may move to suppress the contents of any 

6 wire or oral communication intercepted pursuant to this 

7 chapter, or evidence derived therefrom, on the grounds 

8 that— 

9 ‘‘(A) the communication was unlawfully inter10 cepted; 

11 ‘‘(B) the order of authorization or approval 

12 under which it was intercepted is insufficient on its 

13 face; or 

14 ‘‘(C) the interception was not made in con15 formity with the order of authorization or approval. 

16 Such motion shall be made before the trial, hearing, 

17 or proceeding unless there was no opportunity to 

18 make such motion or the person was not aware of 

19 the grounds of the motion. If the motion is granted, 

20 the contents of the intercepted wire or oral commu21 nication, or evidence derived therefrom, shall be 

22 treated as having been obtained in violation of this 

23 chapter. The judge, upon the filing of such motion 

24 by the aggrieved person, may in his discretion make 

25 available to the aggrieved person or his counsel for 


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1 inspection such portions of the intercepted commu2 nication or evidence derived therefrom as the judge 

3 determines to be in the interests of justice. 

4 ‘‘(2) In addition to any other right to appeal, the 

5 United States shall have the right to appeal from an order 

6 granting a motion to suppress made under paragraph (1), 

7 or the denial of an application for an order of approval, 

8 if the United States attorney shall certify to the judge or 

9 other official granting such motion or denying such appli10 cation that the appeal is not taken for purposes of delay. 

11 Such appeal shall be taken within thirty days after the 

12 date the order was entered and shall be diligently pros13 ecuted. 

14 ‘‘(3) The remedies and sanctions described in this 

15 chapter with respect to the interception of electronic com16 munications are the only judicial remedies and sanctions 

17 for nonconstitutional violations of this chapter involving 

18 such communications. 

19 ‘‘(k) EXCEPTION TO SPECIFICATION OF FACILITY

20 REQUIREMENTS.—The requirements of subsections 

21 (a)(2)(B) and (c)(4) relating to the specification of the 

22 facilities from which, or the place where, the communica23 tion is to be intercepted do not apply if— 

24 ‘‘(1) in the case of an application with respect 

25 to the interception of an oral communication— 


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1 ‘‘(A) the application is by a Federal inves2 tigative or law enforcement officer and is ap3 proved by the Attorney General, the Deputy At4 torney General, the Associate Attorney General, 

5 an Assistant Attorney General, or an acting As6 sistant Attorney General; 

7 ‘‘(B) the application contains a full and 

8 complete statement as to why such specification 

9 is not practical and identifies the person com10 mitting the offense and whose communications 

11 are to be intercepted; and 

12 ‘‘(C) the judge finds that such specification 

13 is not practical; and 

14 ‘‘(2) in the case of an application with respect 

15 to a wire or electronic communication— 

16 ‘‘(A) the application is by a Federal inves17 tigative or law enforcement officer and is ap18 proved by the Attorney General, the Deputy At19 torney General, the Associate Attorney General, 

20 an Assistant Attorney General, or an acting As21 sistant Attorney General; 

22 ‘‘(B) the application identifies the person 

23 believed to be committing the offense and whose 

24 communications are to be intercepted and the 

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1 able cause to believe that the person’s actions 

2 could have the effect of thwarting interception 

3 from a specified facility; 

4 ‘‘(C) the judge finds that such showing has 

5 been adequately made; and 

6 ‘‘(D) the order authorizing or approving 

7 the interception is limited to interception only 

8 for such time as it is reasonable to presume 

9 that the person identified in the application is 

10 or was reasonably proximate to the instrument 

11 through which such communication will be or 

12 was transmitted. 

13 ‘‘(l) BEGINNING OF CERTAIN INTERCEPTIONS.—An 

14 interception of a communication under an order with re15 spect to which the requirements of subsections (a)(2)(B) 

16 and (c)(4) of this section do not apply by reason of sub17 section (k)(1) shall not begin until the place where the 

18 communication is to be intercepted is ascertained by the 

19 person implementing the interception order. A provider of 

20 wire or electronic communications service that has re21 ceived an order as provided for in subsection (k)(2) may 

22 move the court to modify or quash the order on the ground 

23 that its assistance with respect to the interception cannot 

24 be performed in a timely or reasonable fashion. The court, 


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1 upon notice to the government, shall decide such a motion 

2 expeditiously. 

3 ‘‘§ 3119D. Reports concerning intercepted wire, oral, 

4 or electronic communications 

5 ‘‘(a) 30 DAYS AFTER EXPIRATION OF ORDER.—In 

6 January of each year, any judge who has issued an order 

7 (or an extension thereof) under section 3119C that expired 

8 during the preceding year, or who has denied approval of 

9 an interception during that year, shall report to the Ad10 ministrative Office of the United States Courts— 

11 ‘‘(1) the fact that an order or extension was ap12 plied for; 

13 ‘‘(2) the kind of order or extension applied for 

14 (including whether or not the order was an order 

15 with respect to which the requirements of sections 

16 3119C(a)(2)(B) and 3119(c)(4) did not apply by 

17 reason of section 3119C(k)); 

18 ‘‘(3) the fact that the order or extension was 

19 granted as applied for, was modified, or was denied; 

20 ‘‘(4) the period of interceptions authorized by 

21 the order, and the number and duration of any ex22 tensions of the order; 

23 ‘‘(5) the offense specified in the order or appli24 cation, or extension of an order; 


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1 ‘‘(6) the identity of the applying investigative or 

2 law enforcement officer and agency making the ap3 plication and the person authorizing the application; 

4 and 

5 ‘‘(7) the nature of the facilities from which or 

6 the place where communications were to be inter7 cepted. 

8 ‘‘(b) ANNUAL JUSTICE DEPARTMENT REPORT.—In 

9 March of each year the Attorney General, an Assistant 

10 Attorney General specially designated by the Attorney 

11 General, or the principal prosecuting attorney of a State, 

12 or the principal prosecuting attorney for any political sub13 division of a State, shall report to the Administrative Of14 fice of the United States Courts— 

15 ‘‘(1) the information required by paragraphs 

16 (1) through (7) of subsection (a) of this section with 

17 respect to each application for an order or extension 

18 made during the preceding calendar year; 

19 ‘‘(2) a general description of the interceptions 

20 made under such order or extension, including (i) 

21 the approximate nature and frequency of incrimi22 nating communications intercepted, (ii) the approxi23 mate nature and frequency of other communications 

24 intercepted, (iii) the approximate number of persons 

25 whose communications were intercepted, (iv) the 


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1 number of orders in which encryption was encoun2 tered and whether such encryption prevented law en3 forcement from obtaining the plain text of commu4 nications intercepted pursuant to such order, and (v) 

5 the approximate nature, amount, and cost of the 

6 manpower and other resources used in the intercep7 tions; 

8 ‘‘(3) the number of arrests resulting from inter9 ceptions made under such order or extension, and 

10 the offenses for which arrests were made; 

11 ‘‘(4) the number of trials resulting from such 

12 interceptions; 

13 ‘‘(5) the number of motions to suppress made 

14 with respect to such interceptions, and the number 

15 granted or denied; 

16 ‘‘(6) the number of convictions resulting from 

17 such interceptions and the offenses for which the 

18 convictions were obtained and a general assessment 

19 of the importance of the interceptions; and 

20 ‘‘(7) the information required by paragraphs 

21 (2) through (6) of this subsection with respect to or22 ders or extensions obtained in a preceding calendar 

23 year. 

24 ‘‘(c) REPORT TO CONGRESS.—In June of each year 

25 the Director of the Administrative Office of the United 


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1 States Courts shall transmit to the Congress a full and 

2 complete report concerning the number of applications for 

3 orders authorizing or approving the interception of wire, 

4 oral, or electronic communications pursuant to this chap5 ter and the number of orders and extensions granted or 

6 denied pursuant to this chapter during the preceding cal7 endar year. Such report shall include a summary and anal8 ysis of the data required to be filed with the Administra9 tive Office by subsections (a) and (b) of this section. The 

10 Director of the Administrative Office of the United States 

11 Courts is authorized to issue binding regulations dealing 

12 with the content and form of the reports required to be 

13 filed by subsections (a) and (b). 

14 ‘‘§ 3119E. Recovery of civil damages authorized 

15 ‘‘(a) IN GENERAL.—Except as provided in section 

16 1492(b)(1)(B), any person whose wire, oral, or electronic 

17 communication is intercepted, disclosed, or intentionally 

18 used in violation of subchapter B of chapter 37 may in 

19 a civil action recover from the person or entity, other than 

20 the United States, which engaged in that violation such 

21 relief as may be appropriate. 

22 ‘‘(b) RELIEF.—In an action under this section, ap23 propriate relief includes— 

24 ‘‘(1) such preliminary and other equitable or 

25 declaratory relief as may be appropriate; 


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1 ‘‘(2) damages under subsection (c) and punitive 

2 damages in appropriate cases; and 

3 ‘‘(3) a reasonable attorney’s fee and other liti4 gation costs reasonably incurred. 

5 ‘‘(c) COMPUTATION OF DAMAGES.—(1) In an action 

6 under this section, if the conduct in violation of this chap7 ter is the private viewing of a private satellite video com8 munication that is not scrambled or encrypted or if the 

9 communication is a radio communication that is trans10 mitted on frequencies allocated under subpart D of part 

11 74 of the rules of the Federal Communications Commis12 sion that is not scrambled or encrypted and the conduct 

13 is not for a tortious or illegal purpose or for purposes of 

14 direct or indirect commercial advantage or private com15 mercial gain, then the court shall assess damages as fol16 lows: 

17 ‘‘(A) If the person who engaged in that conduct 

18 has not previously been enjoined under section 1492, 

19 and has not been found liable in a prior civil action 

20 under this section, the court shall assess the greater 

21 of the sum of actual damages suffered by the plain22 tiff, or statutory damages of not less than $50 and 

23 not more than $500. 

24 ‘‘(B) If, on one prior occasion, the person who 

25 engaged in that conduct has been enjoined under 


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1 section 1492 or has been found liable in a civil ac2 tion under this section, the court shall assess the 

3 greater of the sum of actual damages suffered by 

4 the plaintiff, or statutory damages of not less than 

5 $100 and not more than $1000. 

6 ‘‘(2) In any other action under this section, the court 

7 may assess as damages whichever is the greater of— 

8 ‘‘(A) the sum of the actual damages suffered by 

9 the plaintiff and any profits made by the violator as 

10 a result of the violation; or 

11 ‘‘(B) statutory damages of whichever is the 

12 greater of $100 a day for each day of violation or 

13 $10,000. 

14 ‘‘(d) DEFENSE.—A good faith reliance on— 

15 ‘‘(1) a court warrant or order, a grand jury 

16 subpoena, a legislative authorization, or a statutory 

17 authorization; 

18 ‘‘(2) a request of an investigative or law en19 forcement officer under section 3119C(g); or 

20 ‘‘(3) a good faith determination that section 

21 1492(c) or 1492(b)(1) permitted the conduct com22 plained of, 

23 is a complete defense against any civil or criminal action 

24 brought under this chapter or any other law. 


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1 ‘‘(e) LIMITATION.—A civil action under this section 

2 may not be commenced later than two years after the date 

3 upon which the claimant first has a reasonable oppor4 tunity to discover the violation. 

5 ‘‘(f) ADMINISTRATIVE DISCIPLINE.—If a court or ap6 propriate department or agency determines that the 

7 United States or any of its departments or agencies has 

8 violated any provision of this chapter, and the court or 

9 appropriate department or agency finds that the cir10 cumstances surrounding the violation raise serious ques11 tions about whether or not an officer or employee of the 

12 United States acted willfully or intentionally with respect 

13 to the violation, the department or agency shall, upon re14 ceipt of a true and correct copy of the decision and find15 ings of the court or appropriate department or agency 

16 promptly initiate a proceeding to determine whether dis17 ciplinary action against the officer or employee is war18 ranted. If the head of the department or agency involved 

19 determines that disciplinary action is not warranted, he 

20 or she shall notify the Inspector General with jurisdiction 

21 over the department or agency concerned and shall provide 

22 the Inspector General with the reasons for such deter23 mination. 

24 ‘‘(g) IMPROPER DISCLOSURE IS VIOLATION.—Any 

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1 ment officer or governmental entity of information beyond 

2 the extent permitted by section 3119B is a violation of 

3 this chapter for purposes of subsection (a). 

4 ‘‘§ 3119F. Injunction against illegal interception 

5 ‘‘Whenever it shall appear that any person is engaged 

6 or is about to engage in any act which constitutes or will 

7 constitute a felony violation of this chapter, the Attorney 

8 General may initiate a civil action in a district court of 

9 the United States to enjoin such violation. The court shall 

10 proceed as soon as practicable to the hearing and deter11 mination of such an action, and may, at any time before 

12 final determination, enter such a restraining order or pro13 hibition, or take such other action, as is warranted to pre14 vent a continuing and substantial injury to the United 

15 States or to any person or class of persons for whose pro16 tection the action is brought. A proceeding under this sec17 tion is governed by the Federal Rules of Civil Procedure, 

18 except that, if an indictment has been returned against 

19 the respondent, discovery is governed by the Federal Rules 

20 of Criminal Procedure. 

21 ‘‘§ 3119G. Enforcement of the Communications Assist22 ance for Law Enforcement Act 

23 ‘‘(a) ENFORCEMENT BY COURT ISSUING SURVEIL24 LANCE ORDER.—If a court authorizing an interception 

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1 ligence Surveillance Act of 1978 or authorizing use of a 

2 pen register or a trap and trace device under chapter 206 

3 or a State statute finds that a telecommunications carrier 

4 has failed to comply with the requirements of the Commu5 nications Assistance for Law Enforcement Act, the court 

6 may, in accordance with section 108 of such Act, direct 

7 that the carrier comply forthwith and may direct that a 

8 provider of support services to the carrier or the manufac9 turer of the carrier’s transmission or switching equipment 

10 furnish forthwith modifications necessary for the carrier 

11 to comply. 

12 ‘‘(b) ENFORCEMENT UPON APPLICATION BY ATTOR13 NEY GENERAL.—The Attorney General may, in a civil ac14 tion in the appropriate United States district court, obtain 

15 an order, in accordance with section 108 of the Commu16 nications Assistance for Law Enforcement Act, directing 

17 that a telecommunications carrier, a manufacturer of tele18 communications transmission or switching equipment, or 

19 a provider of telecommunications support services comply 

20 with such Act. 

21 ‘‘(c) CIVIL PENALTY.— 

22 ‘‘(1) IN GENERAL.—A court issuing an order 

23 under this section against a telecommunications car24 rier, a manufacturer of telecommunications trans25 mission or switching equipment, or a provider of 


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1 telecommunications support services may impose a 

2 civil penalty of up to $10,000 per day for each day 

3 in violation after the issuance of the order or after 

4 such future date as the court may specify. 

5 ‘‘(2) CONSIDERATIONS.—In determining wheth6 er to impose a civil penalty and in determining its 

7 amount, the court shall take into account— 

8 ‘‘(A) the nature, circumstances, and extent 

9 of the violation; 

10 ‘‘(B) the violator’s ability to pay, the viola11 tor’s good faith efforts to comply in a timely 

12 manner, any effect on the violator’s ability to 

13 continue to do business, the degree of culpa14 bility, and the length of any delay in under15 taking efforts to comply; and 

16 ‘‘(C) such other matters as justice may re17 quire. 

18 ‘‘(d) DEFINITIONS.—As used in this section, the 

19 terms defined in section 102 of the Communications As20 sistance for Law Enforcement Act have the meanings pro21 vided, respectively, in such section. 

22 ‘‘§ 3119H. Definitions 

23 ‘‘Unless otherwise provided, a term defined for the 

24 purposes of subchapter B of chapter 37 shall have the 

25 same meaning for the purposes of this chapter. 


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1 ‘‘CHAPTER 205B—PROCEDURAL AND RE2 LATED PROVISIONS PERTAINING TO 

3 STORED COMMUNICATIONS 

‘‘Sec 

‘‘3120. Voluntary disclosure of customer communications or records 

‘‘3120A. Required disclosure of customer communications or records 

‘‘3120B. Backup preservation 

‘‘3120C. Delayed notice 

‘‘3120D. Cost reimbursement 

‘‘3120E. Civil action 

‘‘3120F. Exclusivity of remedies 

‘‘3120G. Counterintelligence access to telephone toll and transactional records 

‘‘3120H. Wrongful disclosure of video tape rental or sale records 

‘‘3120I. Definitions for chapter 

‘‘3120J. Civil actions against the United States 

4 ‘‘§ 3120. Voluntary disclosure of customer commu5 nications or records 

6 ‘‘(a) PROHIBITIONS.—Except as provided in sub7 section (b) or (c)— 

8 ‘‘(1) a person or entity providing an electronic 

9 communication service to the public shall not know10 ingly divulge to any person or entity the contents of 

11 a communication while in electronic storage by that 

12 service; and 

13 ‘‘(2) a person or entity providing remote com14 puting service to the public shall not knowingly di15 vulge to any person or entity the contents of any 

16 communication which is carried or maintained on 

17 that service— 

18 ‘‘(A) on behalf of, and received by means 

19 of electronic transmission from (or created by 


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1 means of computer processing of communica2 tions received by means of electronic trans3 mission from), a subscriber or customer of such 

4 service; 

5 ‘‘(B) solely for the purpose of providing 

6 storage or computer processing services to such 

7 subscriber or customer, if the provider is not 

8 authorized to access the contents of any such 

9 communications for purposes of providing any 

10 services other than storage or computer proc11 essing; and 

12 ‘‘(3) a provider of remote computing service or 

13 electronic communication service to the public shall 

14 not knowingly divulge a record or other information 

15 pertaining to a subscriber to or customer of such 

16 service (not including the contents of communica17 tions covered by paragraph (1) or (2)) to any gov18 ernmental entity. 

19 ‘‘(b) EXCEPTIONS FOR DISCLOSURE OF COMMUNICA20 TIONS.—A provider described in subsection (a) may di21 vulge the contents of a communication— 

22 ‘‘(1) to an addressee or intended recipient of 

23 such communication or an agent of such addressee 

24 or intended recipient; 


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1 ‘‘(2) as otherwise authorized in section 3119B, 

2 1492, or 3120A; 

3 ‘‘(3) with the lawful consent of the originator or 

4 an addressee or intended recipient of such commu5 nication, or the subscriber in the case of remote 

6 computing service; 

7 ‘‘(4) to a person employed or authorized or 

8 whose facilities are used to forward such commu9 nication to its destination; 

10 ‘‘(5) as may be necessarily incident to the ren11 dition of the service or to the protection of the rights 

12 or property of the provider of that service; 

13 ‘‘(6) to the National Center for Missing and 

14 Exploited Children, in connection with a report sub15 mitted thereto under section 6 of the Criminal Code 

16 Modernization and Simplification Act of 2011; 

17 ‘‘(7) to a law enforcement agency if the con18 tents— 

19 ‘‘(A) were inadvertently obtained by the 

20 service provider; and 

21 ‘‘(B) appear to pertain to the commission 

22 of a crime; and 

23 ‘‘(8) to a governmental entity, if the provider, 

24 in good faith, believes that an emergency involving 

25 danger of death or serious physical injury to any 


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1 person requires disclosure without delay of commu2 nications relating to the emergency. 

3 ‘‘(c) EXCEPTIONS FOR DISCLOSURE OF CUSTOMER

4 RECORDS.—A provider described in subsection (a) may di5 vulge a record or other information pertaining to a sub6 scriber to or customer of such service (not including the 

7 contents of communications covered by subsection (a)(1) 

8 or (a)(2))— 

9 ‘‘(1) as otherwise authorized in section 3120A; 

10 ‘‘(2) with the lawful consent of the customer or 

11 subscriber; 

12 ‘‘(3) as may be necessarily incident to the ren13 dition of the service or to the protection of the rights 

14 or property of the provider of that service; 

15 ‘‘(4) to a governmental entity, if the provider, 

16 in good faith, believes that an emergency involving 

17 danger of death or serious physical injury to any 

18 person requires disclosure without delay of informa19 tion relating to the emergency; 

20 ‘‘(5) to the National Center for Missing and 

21 Exploited Children, in connection with a report sub22 mitted thereto under section 6 of the Criminal Code 

23 Modernization and Simplification Act of 2011; or 

24 ‘‘(6) to any person other than a governmental 

25 entity. 


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1 ‘‘(d) REPORTING OF EMERGENCY DISCLOSURES.— 

2 On an annual basis, the Attorney General shall submit to 

3 the Committee on the Judiciary of the House of Rep4 resentatives and the Committee on the Judiciary of the 

5 Senate a report containing 

6 ‘‘(1) the number of accounts from which the 

7 Department of Justice has received voluntary disclo8 sures under subsection (b)(8); and 

9 ‘‘(2) a summary of the basis for disclosure in 

10 those instances where— 

11 ‘‘(A) voluntary disclosures under sub12 section (b)(8) were made to the Department of 

13 Justice; and 

14 ‘‘(B) the investigation pertaining to those 

15 disclosures was closed without the filing of 

16 criminal charges. 

17 ‘‘§ 3120A. Required disclosure of customer commu18 nications or records 

19 ‘‘(a) CONTENTS OF WIRE OR ELECTRONIC COMMU20 NICATIONS IN ELECTRONIC STORAGE.—A governmental 

21 entity may require the disclosure by a provider of elec22 tronic communication service of the contents of a wire or 

23 electronic communication, that is in electronic storage in 

24 an electronic communications system for one hundred and 

25 eighty days or less, only pursuant to a warrant issued 


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1 using the procedures described in the Federal Rules of 

2 Criminal Procedure (or, in the case of a State court, 

3 issued using State warrant procedures) by a court of com4 petent jurisdiction. A governmental entity may require the 

5 disclosure by a provider of electronic communications serv6 ices of the contents of a wire or electronic communication 

7 that has been in electronic storage in an electronic commu8 nications system for more than one hundred and eighty 

9 days by the means available under subsection (b) of this 

10 section. 

11 ‘‘(b) CONTENTS OF WIRE OR ELECTRONIC COMMU12 NICATIONS IN A REMOTE COMPUTING SERVICE.—(1) A 

13 governmental entity may require a provider of remote 

14 computing service to disclose the contents of any wire or 

15 electronic communication to which this paragraph is made 

16 applicable by paragraph (2) of this subsection— 

17 ‘‘(A) without required notice to the subscriber 

18 or customer, if the governmental entity obtains a 

19 warrant issued using the procedures described in the 

20 Federal Rules of Criminal Procedure (or, in the case 

21 of a State court, issued using State warrant proce22 dures) by a court of competent jurisdiction; or 

23 ‘‘(B) with prior notice from the governmental 

24 entity to the subscriber or customer if the govern25 mental entity— 


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1 ‘‘(i) uses an administrative subpoena au2 thorized by a Federal or State statute or a Fed3 eral or State grand jury or trial subpoena; or 

4 ‘‘(ii) obtains a court order for such disclo5 sure under subsection (d) of this section; 

6 except that delayed notice may be given pursuant to 

7 section 3120C. 

8 ‘‘(2) Paragraph (1) is applicable with respect to any 

9 wire or electronic communication that is held or main10 tained on that service— 

11 ‘‘(A) on behalf of, and received by means of 

12 electronic transmission from (or created by means of 

13 computer processing of communications received by 

14 means of electronic transmission from), a subscriber 

15 or customer of such remote computing service; and 

16 ‘‘(B) solely for the purpose of providing storage 

17 or computer processing services to such subscriber 

18 or customer, if the provider is not authorized to ac19 cess the contents of any such communications for 

20 purposes of providing any services other than stor21 age or computer processing. 

22 ‘‘(c) RECORDS CONCERNING ELECTRONIC COMMU23 NICATION SERVICE OR REMOTE COMPUTING SERVICE.— 

24 (1) A governmental entity may require a provider of elec25 tronic communication service or remote computing service 


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1 to disclose a record or other information pertaining to a 

2 subscriber to or customer of such service (not including 

3 the contents of communications) only when the govern4 mental entity— 

5 ‘‘(A) obtains a warrant issued using the proce6 dures described in the Federal Rules of Criminal 

7 Procedure (or, in the case of a State court, issued 

8 using State warrant procedures) by a court of com9 petent jurisdiction; 

10 ‘‘(B) obtains a court order for such disclosure 

11 under subsection (d) of this section; 

12 ‘‘(C) has the consent of the subscriber or cus13 tomer to such disclosure; 

14 ‘‘(D) submits a formal written request relevant 

15 to a law enforcement investigation concerning tele16 marketing fraud for the name, address, and place of 

17 business of a subscriber or customer of such pro18 vider, which subscriber or customer is engaged in 

19 telemarketing; or 

20 ‘‘(E) seeks information under paragraph (2). 

21 ‘‘(2) A provider of electronic communication service 

22 or remote computing service shall disclose to a govern23 mental entity the— 

24 ‘‘(A) name; 

25 ‘‘(B) address; 


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1 ‘‘(C) local and long distance telephone connec2 tion records, or records of session times and dura3 tions; 

4 ‘‘(D) length of service (including start date) 

5 and types of service utilized; 

6 ‘‘(E) telephone or instrument number or other 

7 subscriber number or identity, including any tempo8 rarily assigned network address; and 

9 ‘‘(F) means and source of payment for such 

10 service (including any credit card or bank account 

11 number), 

12 of a subscriber to or customer of such service when the 

13 governmental entity uses an administrative subpoena au14 thorized by a Federal or State statute or a Federal or 

15 State grand jury or trial subpoena or any means available 

16 under paragraph (1). 

17 ‘‘(3) A governmental entity receiving records or infor18 mation under this subsection is not required to provide 

19 notice to a subscriber or customer. 

20 ‘‘(4) As used in this subsection, the term ‘tele21 marketing’— 

22 ‘‘(A) means a plan, program, promotion, or 

23 campaign that is conducted to induce— 

24 ‘‘(i) purchases of goods or services; 


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1 ‘‘(ii) participation in a contest or sweep2 stakes; or 

3 ‘‘(iii) a charitable contribution, donation, 

4 or gift of money or any other thing of value, 

5 by use of 1 or more interstate telephone calls initiated ei6 ther by a person who is conducting the plan, program, 

7 promotion, or campaign or by a prospective purchaser or 

8 contest or sweepstakes participant or charitable contrib9 utor, or donor; but 

10 ‘‘(B) does not include the solicitation of sales 

11 through the mailing of a catalog that— 

12 ‘‘(i) contains a written description or illus13 tration of the goods or services offered for sale; 

14 ‘‘(ii) includes the business address of the 

15 seller; 

16 ‘‘(iii) includes multiple pages of written 

17 material or illustration; and 

18 ‘‘(iv) has been issued not less frequently 

19 than once a year, 

20 if the person making the solicitation does not solicit cus21 tomers by telephone but only receives calls initiated by 

22 customers in response to the catalog and during those 

23 calls takes orders without further solicitation. 

24 ‘‘(d) REQUIREMENTS FOR COURT ORDER.—A court 

25 order for disclosure under subsection (b) or (c) may be 


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1 issued by any court that is a court of competent jurisdic2 tion and shall issue only if the governmental entity offers 

3 specific and articulable facts showing that there are rea4 sonable grounds to believe that the contents of a wire or 

5 electronic communication, or the records or other informa6 tion sought, are relevant and material to an ongoing crimi7 nal investigation. In the case of a State governmental au8 thority, such a court order shall not issue if prohibited 

9 by the law of such State. A court issuing an order pursu10 ant to this section, on a motion made promptly by the 

11 service provider, may quash or modify such order, if the 

12 information or records requested are unusually volumi13 nous in nature or compliance with such order otherwise 

14 would cause an undue burden on such provider. 

15 ‘‘(e) NO CAUSE OF ACTION AGAINST A PROVIDER

16 DISCLOSING INFORMATION UNDER THIS CHAPTER.—No 

17 cause of action shall lie in any court against any provider 

18 of wire or electronic communication service, its officers, 

19 employees, agents, or other specified persons for providing 

20 information, facilities, or assistance in accordance with the 

21 terms of a court order, warrant, subpoena, statutory au22 thorization, or certification under this chapter. 

23 ‘‘(f) REQUIREMENT TO PRESERVE EVIDENCE.— 

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1 puting service, upon the request of a governmental 

2 entity, shall take all necessary steps to preserve 

3 records and other evidence in its possession pending 

4 the issuance of a court order or other process. 

5 ‘‘(2) PERIOD OF RETENTION.—Records referred 

6 to in paragraph (1) shall be retained for a period of 

7 90 days, which shall be extended for an additional 

8 90-day period upon a renewed request by the gov9 ernmental entity. 

10 ‘‘(g) PRESENCE OF OFFICER NOT REQUIRED.—Not11 withstanding section 3105, the presence of an officer shall 

12 not be required for service or execution of a search war13 rant issued in accordance with this chapter requiring dis14 closure by a provider of electronic communications service 

15 or remote computing service of the contents of commu16 nications or records or other information pertaining to a 

17 subscriber to or customer of such service. 

18 ‘‘§ 3120B. Backup preservation 

19 ‘‘(a) BACKUP PRESERVATION.—(1) A governmental 

20 entity acting under section 3120A(b)(2) may include in 

21 its subpoena or court order a requirement that the service 

22 provider to whom the request is directed create a backup 

23 copy of the contents of the electronic communications 

24 sought in order to preserve those communications. With25 out notifying the subscriber or customer of such subpoena 


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1 or court order, such service provider shall create such 

2 backup copy as soon as practicable consistent with its reg3 ular business practices and shall confirm to the govern4 mental entity that such backup copy has been made. Such 

5 backup copy shall be created within two business days 

6 after receipt by the service provider of the subpoena or 

7 court order. 

8 ‘‘(2) Notice to the subscriber or customer shall be 

9 made by the governmental entity within three days after 

10 receipt of such confirmation, unless such notice is delayed 

11 pursuant to section 3120C(a). 

12 ‘‘(3) The service provider shall not destroy such 

13 backup copy until the later of— 

14 ‘‘(A) the delivery of the information; or 

15 ‘‘(B) the resolution of any proceedings (includ16 ing appeals of any proceeding) concerning the gov17 ernment’s subpoena or court order. 

18 ‘‘(4) The service provider shall release such backup 

19 copy to the requesting governmental entity no sooner than 

20 fourteen days after the governmental entity’s notice to the 

21 subscriber or customer if such service provider— 

22 ‘‘(A) has not received notice from the sub23 scriber or customer that the subscriber or customer 

24 has challenged the governmental entity’s request; 

25 and 


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1 ‘‘(B) has not initiated proceedings to challenge 

2 the request of the governmental entity. 

3 ‘‘(5) A governmental entity may seek to require the 

4 creation of a backup copy under subsection (a)(1) of this 

5 section if in its sole discretion such entity determines that 

6 there is reason to believe that notification under section 

7 3120A of the existence of the subpoena or court order may 

8 result in destruction of or tampering with evidence. This 

9 determination is not subject to challenge by the subscriber 

10 or customer or service provider. 

11 ‘‘(b) CUSTOMER CHALLENGES.—(1) Within 14 days 

12 after notice by the governmental entity to the subscriber 

13 or customer under subsection (a)(2) of this section, such 

14 subscriber or customer may file a motion to quash such 

15 subpoena or vacate such court order, with copies served 

16 upon the governmental entity and with written notice of 

17 such challenge to the service provider. A motion to vacate 

18 a court order shall be filed in the court which issued such 

19 order. A motion to quash a subpoena shall be filed in the 

20 appropriate United States district court or State court. 

21 Such motion or application shall contain an affidavit or 

22 sworn statement— 

23 ‘‘(A) stating that the applicant is a customer or 

24 subscriber to the service from which the contents of 


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1 electronic communications maintained for him have 

2 been sought; and 

3 ‘‘(B) stating the applicant’s reasons for believ4 ing that the records sought are not relevant to a le5 gitimate law enforcement inquiry or that there has 

6 not been substantial compliance with the provisions 

7 of this chapter in some other respect. 

8 ‘‘(2) Service shall be made under this section upon 

9 a governmental entity by delivering or mailing by reg10 istered or certified mail a copy of the papers to the person, 

11 office, or department specified in the notice which the cus12 tomer has received pursuant to this chapter. For the pur13 poses of this section, the term ‘delivery’ has the meaning 

14 given that term in the Federal Rules of Civil Procedure. 

15 ‘‘(3) If the court finds that the customer has com16 plied with paragraphs (1) and (2) of this subsection, the 

17 court shall order the governmental entity to file a sworn 

18 response, which may be filed in camera if the govern19 mental entity includes in its response the reasons which 

20 make in camera review appropriate. If the court is unable 

21 to determine the motion or application on the basis of the 

22 parties’ initial allegations and response, the court may 

23 conduct such additional proceedings as it deems appro24 priate. All such proceedings shall be completed and the 


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1 motion or application decided as soon as practicable after 

2 the filing of the governmental entity’s response. 

3 ‘‘(4) If the court finds that the applicant is not the 

4 subscriber or customer for whom the communications 

5 sought by the governmental entity are maintained, or that 

6 there is a reason to believe that the law enforcement in7 quiry is legitimate and that the communications sought 

8 are relevant to that inquiry, it shall deny the motion or 

9 application and order such process enforced. If the court 

10 finds that the applicant is the subscriber or customer for 

11 whom the communications sought by the governmental en12 tity are maintained, and that there is not a reason to be13 lieve that the communications sought are relevant to a le14 gitimate law enforcement inquiry, or that there has not 

15 been substantial compliance with the provisions of this 

16 chapter, it shall order the process quashed. 

17 ‘‘(5) A court order denying a motion or application 

18 under this section shall not be deemed a final order and 

19 no interlocutory appeal may be taken therefrom by the 

20 customer. 

21 ‘‘§ 3120C. Delayed notice 

22 ‘‘(a) DELAY OF NOTIFICATION.—(1) A governmental 

23 entity acting under section 3120A(b) may— 

24 ‘‘(A) where a court order is sought, include in 

25 the application a request, which the court shall 


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1 grant, for an order delaying the notification required 

2 under section 3120A(b) for a period not to exceed 

3 ninety days, if the court determines that there is 

4 reason to believe that notification of the existence of 

5 the court order may have an adverse result described 

6 in paragraph (2) of this subsection; or 

7 ‘‘(B) where an administrative subpoena author8 ized by a Federal or State statute or a Federal or 

9 State grand jury subpoena is obtained, delay the no10 tification required under section 3120A(b) for a pe11 riod not to exceed ninety days upon the execution of 

12 a written certification of a supervisory official that 

13 there is reason to believe that notification of the ex14 istence of the subpoena may have an adverse result 

15 described in paragraph (2) of this subsection. 

16 ‘‘(2) An adverse result for the purposes of paragraph 

17 (1) of this subsection is— 

18 ‘‘(A) endangering the life or physical safety of 

19 an individual; 

20 ‘‘(B) flight from prosecution; 

21 ‘‘(C) destruction of or tampering with evidence; 

22 ‘‘(D) intimidation of potential witnesses; or 

23 ‘‘(E) otherwise seriously jeopardizing an inves24 tigation or unduly delaying a trial. 


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1 ‘‘(3) The governmental entity shall maintain a true 

2 copy of certification under paragraph (1)(B). 

3 ‘‘(4) Extensions of the delay of notification provided 

4 in section 3120A of up to ninety days each may be granted 

5 by the court upon application, or by certification by a gov6 ernmental entity, but only in accordance with subsection 

7 (b) of this section. 

8 ‘‘(5) Upon expiration of the period of delay of notifi9 cation under paragraph (1) or (4) of this subsection, the 

10 governmental entity shall serve upon, or deliver by reg11 istered or first-class mail to, the customer or subscriber 

12 a copy of the process or request together with notice 

13 that— 

14 ‘‘(A) states with reasonable specificity the na15 ture of the law enforcement inquiry; and 

16 ‘‘(B) informs such customer or subscriber— 

17 ‘‘(i) that information maintained for such 

18 customer or subscriber by the service provider 

19 named in such process or request was supplied 

20 to or requested by that governmental authority 

21 and the date on which the supplying or request 

22 took place; 

23 ‘‘(ii) that notification of such customer or 

24 subscriber was delayed; 


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1 ‘‘(iii) what governmental entity or court 

2 made the certification or determination pursu3 ant to which that delay was made; and 

4 ‘‘(iv) which provision of this chapter al5 lowed such delay. 

6 ‘‘(6) As used in this subsection, the term ‘supervisory 

7 official’ means the investigative agent in charge or assist8 ant investigative agent in charge or an equivalent of an 

9 investigating agency’s headquarters or regional office, or 

10 the chief prosecuting attorney or the first assistant pros11 ecuting attorney or an equivalent of a prosecuting attor12 ney’s headquarters or regional office. 

13 ‘‘(b) PRECLUSION OF NOTICE TO SUBJECT OF GOV14 ERNMENTAL ACCESS.—A governmental entity acting 

15 under section 3120A, when it is not required to notify the 

16 subscriber or customer under section 3120A(b)(1), or to 

17 the extent that it may delay such notice pursuant to sub18 section (a) of this section, may apply to a court for an 

19 order commanding a provider of electronic communica20 tions service or remote computing service to whom a war21 rant, subpoena, or court order is directed, for such period 

22 as the court deems appropriate, not to notify any other 

23 person of the existence of the warrant, subpoena, or court 

24 order. The court shall enter such an order if it determines 

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1 ence of the warrant, subpoena, or court order will result 

2 in— 

3 ‘‘(1) endangering the life or physical safety of 

4 an individual; 

5 ‘‘(2) flight from prosecution; 

6 ‘‘(3) destruction of or tampering with evidence; 

7 ‘‘(4) intimidation of potential witnesses; or 

8 ‘‘(5) otherwise seriously jeopardizing an inves9 tigation or unduly delaying a trial. 

10 ‘‘§ 3120D. Cost reimbursement 

11 ‘‘(a) PAYMENT.—Except as otherwise provided in 

12 subsection (c), a governmental entity obtaining the con13 tents of communications, records, or other information 

14 under section 3120, 3120A, or 3120B shall pay to the 

15 person or entity assembling or providing such information 

16 a fee for reimbursement for such costs as are reasonably 

17 necessary and which have been directly incurred in search18 ing for, assembling, reproducing, or otherwise providing 

19 such information. Such reimbursable costs shall include 

20 any costs due to necessary disruption of normal operations 

21 of any electronic communication service or remote com22 puting service in which such information may be stored. 

23 ‘‘(b) AMOUNT.—The amount of the fee provided by 

24 subsection (a) shall be as mutually agreed by the govern25 mental entity and the person or entity providing the inforVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01231 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 mation, or, in the absence of agreement, shall be as deter2 mined by the court which issued the order for production 

3 of such information (or the court before which a criminal 

4 prosecution relating to such information would be brought, 

5 if no court order was issued for production of the informa6 tion). 

7 ‘‘(c) EXCEPTION.—The requirement of subsection (a) 

8 of this section does not apply with respect to records or 

9 other information maintained by a communications com10 mon carrier that relate to telephone toll records and tele11 phone listings obtained under section 3120A. The court 

12 may, however, order a payment as described in subsection 

13 (a) if the court determines the information required is un14 usually voluminous in nature or otherwise caused an 

15 undue burden on the provider. 

16 ‘‘§ 3120E. Civil action 

17 ‘‘(a) CAUSE OF ACTION.—Except as provided in sec18 tion 3120A(e), any provider of electronic communication 

19 service, subscriber, or other person aggrieved by any viola20 tion of this chapter in which the conduct constituting the 

21 violation is engaged in with a knowing or intentional state 

22 of mind may, in a civil action, recover from the person 

23 or entity, other than the United States, which engaged in 

24 that violation such relief as may be appropriate. 


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1 ‘‘(b) RELIEF.—In a civil action under this section, 

2 appropriate relief includes— 

3 ‘‘(1) such preliminary and other equitable or 

4 declaratory relief as may be appropriate; 

5 ‘‘(2) damages under subsection (c); and 

6 ‘‘(3) a reasonable attorney’s fee and other liti7 gation costs reasonably incurred. 

8 ‘‘(c) DAMAGES.—The court may assess as damages 

9 in a civil action under this section the sum of the actual 

10 damages suffered by the plaintiff and any profits made 

11 by the violator as a result of the violation, but in no case 

12 shall a person entitled to recover receive less than the sum 

13 of $1,000. If the violation is willful or intentional, the 

14 court may assess punitive damages. In the case of a suc15 cessful action to enforce liability under this section, the 

16 court may assess the costs of the action, together with 

17 reasonable attorney fees determined by the court. 

18 ‘‘(d) ADMINISTRATIVE DISCIPLINE.—If a court or 

19 appropriate department or agency determines that the 

20 United States or any of its departments or agencies has 

21 violated any provision of this chapter, and the court or 

22 appropriate department or agency finds that the cir23 cumstances surrounding the violation raise serious ques24 tions about whether or not an officer or employee of the 

25 United States acted willfully or intentionally with respect 


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1 to the violation, the department or agency shall, upon re2 ceipt of a true and correct copy of the decision and find3 ings of the court or appropriate department or agency 

4 promptly initiate a proceeding to determine whether dis5 ciplinary action against the officer or employee is war6 ranted. If the head of the department or agency involved 

7 determines that disciplinary action is not warranted, he 

8 or she shall notify the Inspector General with jurisdiction 

9 over the department or agency concerned and shall provide 

10 the Inspector General with the reasons for such deter11 mination. 

12 ‘‘(e) DEFENSE.—A good faith reliance on— 

13 ‘‘(1) a court warrant or order, a grand jury 

14 subpoena, a legislative authorization, or a statutory 

15 authorization (including a request of a governmental 

16 entity under section 3120A(f)); 

17 ‘‘(2) a request of an investigative or law en18 forcement officer under section 3119C(g); or 

19 ‘‘(3) a good faith determination that section 

20 1492(c) permitted the conduct complained of; 

21 is a complete defense to any civil or criminal action 

22 brought under this chapter or any other law. 

23 ‘‘(f) LIMITATION.—A civil action under this section 

24 may not be commenced later than two years after the date 


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1 upon which the claimant first discovered or had a reason2 able opportunity to discover the violation. 

3 ‘‘(g) IMPROPER DISCLOSURE.—Any willful disclosure 

4 of a ‘record’, as that term is defined in section 552a(a) 

5 of title 5, obtained by an investigative or law enforcement 

6 officer, or a governmental entity, pursuant to section 

7 3120A, or from a device installed pursuant to section 

8 3123 or 3125, that is not a disclosure made in the proper 

9 performance of the official functions of the officer or gov10 ernmental entity making the disclosure, is a violation of 

11 this chapter. This subsection does not apply to informa12 tion previously lawfully disclosed (prior to the commence13 ment of any civil or administrative proceeding under this 

14 chapter) to the public by a Federal, State, or local govern15 mental entity or by the plaintiff in a civil action under 

16 this chapter. 

17 ‘‘§ 3120F. Exclusivity of remedies 

18 ‘‘The remedies and sanctions described in this chap19 ter are the only judicial remedies and sanctions for non20 constitutional violations of this chapter. 

21 ‘‘§ 3120G. Counterintelligence access to telephone toll 

22 and transactional records 

23 ‘‘(a) DUTY TO PROVIDE.—A wire or electronic com24 munication service provider shall comply with a request 

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1 tion, or electronic communication transactional records in 

2 its custody or possession made by the Director of the Fed3 eral Bureau of Investigation under subsection (b) of this 

4 section. 

5 ‘‘(b) REQUIRED CERTIFICATION.—The Director of 

6 the Federal Bureau of Investigation, or his designee in 

7 a position not lower than Deputy Assistant Director at 

8 Bureau headquarters or a Special Agent in Charge in a 

9 Bureau field office designated by the Director, may— 

10 ‘‘(1) request the name, address, length of serv11 ice, and local and long distance toll billing records 

12 of a person or entity if the Director (or his designee) 

13 certifies in writing to the wire or electronic commu14 nication service provider to which the request is 

15 made that the name, address, length of service, and 

16 toll billing records sought are relevant to an author17 ized investigation to protect against international 

18 terrorism or clandestine intelligence activities, pro19 vided that such an investigation of a United States 

20 person is not conducted solely on the basis of activi21 ties protected by the first amendment to the Con22 stitution of the United States; and 

23 ‘‘(2) request the name, address, and length of 

24 service of a person or entity if the Director (or his 

25 designee) certifies in writing to the wire or electronic 


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1 communication service provider to which the request 

2 is made that the information sought is relevant to 

3 an authorized investigation to protect against inter4 national terrorism or clandestine intelligence activi5 ties, provided that such an investigation of a United 

6 States person is not conducted solely upon the basis 

7 of activities protected by the first amendment to the 

8 Constitution of the United States. 

9 ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— 

10 ‘‘(1) If the Director of the Federal Bureau of 

11 Investigation, or his designee in a position not lower 

12 than Deputy Assistant Director at Bureau head13 quarters or a Special Agent in Charge in a Bureau 

14 field office designated by the Director, certifies that 

15 otherwise there may result a danger to the national 

16 security of the United States, interference with a 

17 criminal, counterterrorism, or counterintelligence in18 vestigation, interference with diplomatic relations, or 

19 danger to the life or physical safety of any person, 

20 no wire or electronic communications service pro21 vider, or officer, employee, or agent thereof, shall 

22 disclose to any person (other than those to whom 

23 such disclosure is necessary to comply with the re24 quest or an attorney to obtain legal advice or legal 

25 assistance with respect to the request) that the FedVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01237 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 eral Bureau of Investigation has sought or obtained 

2 access to information or records under this section. 

3 ‘‘(2) The request shall notify the person or enti4 ty to whom the request is directed of the nondisclo5 sure requirement under paragraph (1). 

6 ‘‘(3) Any recipient disclosing to those persons 

7 necessary to comply with the request or to an attor8 ney to obtain legal advice or legal assistance with re9 spect to the request shall inform such person of any 

10 applicable nondisclosure requirement. Any person 

11 who receives a disclosure under this subsection shall 

12 be subject to the same prohibitions on disclosure 

13 under paragraph (1). 

14 ‘‘(4) At the request of the Director of the Fed15 eral Bureau of Investigation or the designee of the 

16 Director, any person making or intending to make 

17 a disclosure under this section shall identify to the 

18 Director or such designee the person to whom such 

19 disclosure will be made or to whom such disclosure 

20 was made prior to the request, except that nothing 

21 in this section requires a person to inform the Direc22 tor or such designee of the identity of an attorney 

23 to whom disclosure was made or will be made to ob24 tain legal advice or legal assistance with respect to 

25 the request under subsection (a). 


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1 ‘‘(d) DISSEMINATION BY BUREAU.—The Federal Bu2 reau of Investigation may disseminate information and 

3 records obtained under this section only as provided in 

4 guidelines approved by the Attorney General for foreign 

5 intelligence collection and foreign counterintelligence in6 vestigations conducted by the Federal Bureau of Inves7 tigation, and, with respect to dissemination to an agency 

8 of the United States, only if such information is clearly 

9 relevant to the authorized responsibilities of such agency. 

10 ‘‘(e) REQUIREMENT THAT CERTAIN CONGRESSIONAL

11 BODIES BE INFORMED.—On a semiannual basis the Di12 rector of the Federal Bureau of Investigation shall fully 

13 inform the Permanent Select Committee on Intelligence 

14 of the House of Representatives and the Select Committee 

15 on Intelligence of the Senate, and the Committee on the 

16 Judiciary of the House of Representatives and the Com17 mittee on the Judiciary of the Senate, concerning all re18 quests made under subsection (b) of this section. 

19 ‘‘(f) LIBRARIES.—A library (as that term is defined 

20 in section 213(1) of the Library Services and Technology 

21 Act), the services of which include access to the Internet, 

22 books, journals, magazines, newspapers, or other similar 

23 forms of communication in print or digitally by patrons 

24 for their use, review, examination, or circulation, is not 

25 a wire or electronic communication service provider for 


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1 purposes of this section, unless the library is providing the 

2 services defined in section 1491 (‘electronic communica3 tion service’). 

4 ‘‘§ 3120H. Wrongful disclosure of video tape rental or 

5 sale records 

6 ‘‘(a) DEFINITIONS.—For purposes of this section— 

7 ‘‘(1) the term ‘consumer’ means any renter, 

8 purchaser, or subscriber of goods or services from a 

9 video tape service provider; 

10 ‘‘(2) the term ‘ordinary course of business’ 

11 means only debt collection activities, order fulfill12 ment, request processing, and the transfer of owner13 ship; 

14 ‘‘(3) the term ‘personally identifiable informa15 tion’ includes information which identifies a person 

16 as having requested or obtained specific video mate17 rials or services from a video tape service provider; 

18 and 

19 ‘‘(4) the term ‘video tape service provider’ 

20 means any person, engaged in the business, in or af21 fecting interstate or foreign commerce, of rental, 

22 sale, or delivery of prerecorded video cassette tapes 

23 or similar audio visual materials, or any person or 

24 other entity to whom a disclosure is made under 

25 subparagraph (D) or (E) of subsection (b)(2), but 


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1 only with respect to the information contained in the 

2 disclosure. 

3 ‘‘(b) VIDEO TAPE RENTAL AND SALE RECORDS.— 

4 (1) A video tape service provider who knowingly discloses, 

5 to any person, personally identifiable information con6 cerning any consumer of such provider shall be liable to 

7 the aggrieved person for the relief provided in subsection 

8 (d). 

9 ‘‘(2) A video tape service provider may disclose per10 sonally identifiable information concerning any con11 sumer— 

12 ‘‘(A) to the consumer; 

13 ‘‘(B) to any person with the informed, written 

14 consent (including through an electronic means 

15 using the Internet) of the consumer that— 

16 ‘‘(i) is in a form distinct and separate from 

17 any form setting forth other legal or financial 

18 obligations of the consumer; 

19 ‘‘(ii) at the election of the consumer— 

20 ‘‘(I) is given at the time the disclosure 

21 is sought; or 

22 ‘‘(II) is given in advance for a set pe23 riod of time, not to exceed 2 years or until 

24 consent is withdrawn by the consumer, 

25 whichever is sooner; and 


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1 ‘‘(iii) the video tape service provider has 

2 provided an opportunity, in a clear and con3 spicuous manner, for the consumer to withdraw 

4 on a case-by-case basis or to withdraw from on5 going disclosures, at the consumer’s election; 

6 ‘‘(C) to a law enforcement agency pursuant to 

7 a warrant issued under the Federal Rules of Crimi8 nal Procedure, an equivalent State warrant, a grand 

9 jury subpoena, or a court order; 

10 ‘‘(D) to any person if the disclosure is solely of 

11 the names and addresses of consumers and if— 

12 ‘‘(i) the video tape service provider has 

13 provided the consumer with the opportunity, in 

14 a clear and conspicuous manner, to prohibit 

15 such disclosure; and 

16 ‘‘(ii) the disclosure does not identify the 

17 title, description, or subject matter of any video 

18 tapes or other audio visual material; however, 

19 the subject matter of such materials may be 

20 disclosed if the disclosure is for the exclusive 

21 use of marketing goods and services directly to 

22 the consumer; 

23 ‘‘(E) to any person if the disclosure is incident 

24 to the ordinary course of business of the video tape 

25 service provider; or 


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1 ‘‘(F) pursuant to a court order, in a civil pro2 ceeding upon a showing of compelling need for the 

3 information that cannot be accommodated by any 

4 other means, if— 

5 ‘‘(i) the consumer is given reasonable no6 tice, by the person seeking the disclosure, of the 

7 court proceeding relevant to the issuance of the 

8 court order; and 

9 ‘‘(ii) the consumer is afforded the oppor10 tunity to appear and contest the claim of the 

11 person seeking the disclosure. 

12 If an order is granted pursuant to subparagraph (C) or 

13 (F), the court shall impose appropriate safeguards against 

14 unauthorized disclosure. 

15 ‘‘(3) Court orders authorizing disclosure under sub16 paragraph (C) shall issue only with prior notice to the con17 sumer and only if the law enforcement agency shows that 

18 there is probable cause to believe that the records or other 

19 information sought are relevant to a legitimate law en20 forcement inquiry. In the case of a State government au21 thority, such a court order shall not issue if prohibited 

22 by the law of such State. A court issuing an order pursu23 ant to this section, on a motion made promptly by the 

24 video tape service provider, may quash or modify such 

25 order if the information or records requested are unreaVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01243 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 sonably voluminous in nature or if compliance with such 

2 order otherwise would cause an unreasonable burden on 

3 such provider. 

4 ‘‘(c) CIVIL ACTION.—(1) Any person aggrieved by 

5 any act of a person in violation of this section may bring 

6 a civil action in a United States district court. 

7 ‘‘(2) The court may award— 

8 ‘‘(A) actual damages but not less than liq9 uidated damages in an amount of $2,500; 

10 ‘‘(B) punitive damages; 

11 ‘‘(C) reasonable attorneys’ fees and other litiga12 tion costs reasonably incurred; and 

13 ‘‘(D) such other preliminary and equitable relief 

14 as the court determines to be appropriate. 

15 ‘‘(3) No action may be brought under this subsection 

16 unless such action is begun within 2 years from the date 

17 of the act complained of or the date of discovery. 

18 ‘‘(4) No liability shall result from lawful disclosure 

19 permitted by this section. 

20 ‘‘(d) PERSONALLY IDENTIFIABLE INFORMATION.— 

21 Personally identifiable information obtained in any man22 ner other than as provided in this section shall not be re23 ceived in evidence in any trial, hearing, arbitration, or 

24 other proceeding in or before any court, grand jury, de25 partment, officer, agency, regulatory body, legislative comVerDate Mar 15 2010 04:21 Jun 12, 2013 Jkt 029200 PO 00000 Frm 01244 Fmt 6652 Sfmt 6201 E:\BILLS\H1860.IH H1860

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1 mittee, or other authority of the United States, a State, 

2 or a political subdivision of a State. 

3 ‘‘(e) DESTRUCTION OF OLD RECORDS.—A person 

4 subject to this section shall destroy personally identifiable 

5 information as soon as practicable, but no later than one 

6 year from the date the information is no longer necessary 

7 for the purpose for which it was collected and there are 

8 no pending requests or orders for access to such informa9 tion under subsection (b)(2) or (c)(2) or pursuant to a 

10 court order. 

11 ‘‘§ 3120I. Definitions for chapter 

12 ‘‘As used in this chapter— 

13 ‘‘(1) unless otherwise provided, a term defined 

14 in section 1491 has the same meaning given that 

15 term in that section; 

16 ‘‘(2) the term ‘remote computing service’ means 

17 the provision to the public of computer storage or 

18 processing services by means of an electronic com19 munications system; 

20 ‘‘(3) the term ‘court of competent jurisdiction’ 

21 includes— 

22 ‘‘(A) any district court of the United 

23 States (including a magistrate judge of such a 

24 court) or any United States court of appeals 

25 that— 


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1 ‘‘(i) has jurisdiction over the offense 

2 being investigated; 

3 ‘‘(ii) is in or for a district in which the 

4 provider of a wire or electronic communica5 tion service is located or in which the wire 

6 or electronic communications, records, or 

7 other information are stored; or 

8 ‘‘(iii) is acting on a request for foreign 

9 assistance pursuant to section 3512; or 

10 ‘‘(B) a court of general criminal jurisdic11 tion of a State authorized by the law of that 

12 State to issue search warrants; and 

13 ‘‘(4) the term ‘governmental entity’ means a de14 partment or agency of the United States or any 

15 State or political subdivision thereof. 

16 ‘‘§ 3120J. Civil actions against the United States 

17 ‘‘(a) IN GENERAL.—Any person who is aggrieved by 

18 any willful violation of subchapter B or C of chapter 37 

19 or of sections 106(a), 305(a), or 405(a) of the Foreign 

20 Intelligence Surveillance Act of 1978 may commence an 

21 action in United States District Court against the United 

22 States to recover money damages. In any such action, if 

23 a person who is aggrieved successfully establishes such a 

24 violation of subchapter B or C of chapter 37 or of the 


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1 above specified provisions of title 50, the Court may assess 

2 as damages— 

3 ‘‘(1) actual damages, but not less than 

4 $10,000, whichever amount is greater; and 

5 ‘‘(2) litigation costs, reasonably incurred. 

6 ‘‘(b) PROCEDURES.—(1) Any action against the 

7 United States under this section may be commenced only 

8 after a claim is presented to the appropriate department 

9 or agency under the procedures of the Federal Tort 

10 Claims Act, as set forth in title 28. 

11 ‘‘(2) Any action against the United States under this 

12 section shall be forever barred unless it is presented in 

13 writing to the appropriate Federal agency within 2 years 

14 after such claim accrues or unless action is begun within 

15 6 months after the date of mailing, by certified or reg16 istered mail, of notice of final denial of the claim by the 

17 agency to which it was presented. The claim shall accrue 

18 on the date upon which the claimant first has a reasonable 

19 opportunity to discover the violation. 

20 ‘‘(3) Any action under this section shall be tried to 

21 the court without a jury. 

22 ‘‘(4) Notwithstanding any other provision of law, the 

23 procedures set forth in section 106(f), 305(g), or 405(f) 

24 of the Foreign Intelligence Surveillance Act of 1978 shall 


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1 be the exclusive means by which materials governed by 

2 those sections may be reviewed. 

3 ‘‘(5) An amount equal to any award against the 

4 United States under this section shall be reimbursed by 

5 the department or agency concerned to the fund described 

6 in section 1304 of title 31, out of any appropriation, fund, 

7 or other account (excluding any part of such appropria8 tion, fund, or account that is available for the enforcement 

9 of any Federal law) that is available for the operating ex10 penses of the department or agency concerned. 

11 ‘‘(c) ADMINISTRATIVE DISCIPLINE.—If a court or ap12 propriate department or agency determines that the 

13 United States or any of its departments or agencies has 

14 violated any provision of this chapter, and the court or 

15 appropriate department or agency finds that the cir16 cumstances surrounding the violation raise serious ques17 tions about whether or not an officer or employee of the 

18 United States acted willfully or intentionally with respect 

19 to the violation, the department or agency shall, upon re20 ceipt of a true and correct copy of the decision and find21 ings of the court or appropriate department or agency 

22 promptly initiate a proceeding to determine whether dis23 ciplinary action against the officer or employee is war24 ranted. If the head of the department or agency involved 

25 determines that disciplinary action is not warranted, he 


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1 or she shall notify the Inspector General with jurisdiction 

2 over the department or agency concerned and shall provide 

3 the Inspector General with the reasons for such deter4 mination. 

5 ‘‘(d) EXCLUSIVE REMEDY.—Any action against the 

6 United States under this subsection shall be the exclusive 

7 remedy against the United States for any claims within 

8 the purview of this section. 

9 ‘‘(e) STAY OF PROCEEDINGS.—(1) Upon the motion 

10 of the United States, the court shall stay any action com11 menced under this section if the court determines that civil 

12 discovery will adversely affect the ability of the Govern13 ment to conduct a related investigation or the prosecution 

14 of a related criminal case. Such a stay shall toll the limita15 tions periods of paragraph (2) of subsection (b). 

16 ‘‘(2) In this subsection, the terms ‘related criminal 

17 case’ and ‘related investigation’ mean an actual prosecu18 tion or investigation in progress at the time at which the 

19 request for the stay or any subsequent motion to lift the 

20 stay is made. In determining whether an investigation or 

21 a criminal case is related to an action commenced under 

22 this section, the court shall consider the degree of simi23 larity between the parties, witnesses, facts, and cir24 cumstances involved in the 2 proceedings, without requir25 ing that any one or more factors be identical. 


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1 ‘‘(3) In requesting a stay under paragraph (1), the 

2 Government may, in appropriate cases, submit evidence ex 

3 parte in order to avoid disclosing any matter that may 

4 adversely affect a related investigation or a related crimi5 nal case. If the Government makes such an ex parte sub6 mission, the plaintiff shall be given an opportunity to 

7 make a submission to the court, not ex parte, and the 

8 court may, in its discretion, request further information 

9 from either party.’’; and 

10 (2) by inserting at the end of chapter 213 the 

11 following: 

12 ‘‘§ 3301. Hate crime acts 

13 ‘‘(a) OFFENSES NOT RESULTING IN DEATH.—Ex14 cept as provided in paragraph (2), no person shall be pros15 ecuted, tried, or punished for any offense under section 

16 901 unless the indictment for such offense is found, or 

17 the information for such offense is instituted, not later 

18 than 7 years after the date on which the offense was com19 mitted. 

20 ‘‘(b) DEATH RESULTING OFFENSES.—An indictment 

21 or information alleging that an offense under section 901 

22 resulted in death may be found or instituted at any time 

23 without limitation.’’. 

Æ 


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