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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1772 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1772

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 2009

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Criminal Code Modernization and 
Simplification Act of 2009''.

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

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

               ``PART I--GENERAL PROVISIONS AND OFFENSES

``Chapter
                                                                 Section
``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

                        ``CHAPTER 1--DEFINITIONS

``Sec.
``1.  Definitions for title.

``Sec. 1. Definitions for title

  ``In this title, the following definitions apply unless otherwise 
provided:
          ``The term `agency' means any department, independent 
        establishment, commission, administration, authority, board, or 
        bureau of the United States or any corporation in which the 
        United States has a proprietary interest unless the context 
        shows that such term was intended to be used in a more limited 
        sense.
          ``The term `bodily injury' means--
                  ``(A) a cut, abrasion, bruise, burn, or 
                disfigurement;
                  ``(B) physical pain;
                  ``(C) illness;
                  ``(D) impairment of the function of a bodily member, 
                organ, or mental or sensory faculty; or
                  ``(E) any other injury to the body, no matter how 
                temporary.
          ``The term `child' means an individual who is less than 18 
        years of age.
          ``The term `court of the United States' includes the District 
        Court of Guam, the District Court for the Northern Mariana 
        Islands, and the District Court of the Virgin Islands.
          ``The term `crime of violence' means--
                  ``(A) an offense that has as an element the use, 
                attempted use, or threatened use of physical force 
                against the person or property of another; or
                  ``(B) any other offense that is a felony and that, by 
                its nature, involves a substantial risk that physical 
                force against the person or property of another may be 
                used in the course of committing the offense.
          ``The term `department' means one of the executive 
        departments enumerated in section 1 of title 5, unless the 
        context shows that such term was intended to describe the 
        executive, legislative, or judicial branches of the government.
          ``The term `facility of interstate or foreign commerce' 
        includes a means of transportation and communication in or 
        affecting interstate or foreign commerce;
          ``The term `Federal health care offense' means a violation 
        of--
                  ``(A) section 656, 792, 806, or 1141;
                  ``(B) section 504, 651, 653, 772, 782, 801, 803, or 
                1017 if the violation relates to a health care benefit 
                program.
          ``The term `financial institution' means--
                  ``(A) an institution, with deposits insured by the 
                Federal Deposit Insurance Corporation;
                  ``(B) the Federal Reserve or a member of the Federal 
                Reserve including any Federal Reserve Bank;
                  ``(C) a credit union with accounts insured by the 
                National Credit Union Administration;
                  ``(D) a member of the Federal home loan bank system 
                and any home loan bank;
                  ``(E) any institution of the Farm Credit System under 
                the Farm Credit Act of 1971;
                  ``(F) a broker-dealer registered with the Securities 
                and Exchange Commission pursuant to section 15 of the 
                Securities Exchange Act of 1934;
                  ``(G) the Securities Investor Protection Corporation;
                  ``(H) a branch or agency of a foreign bank (as such 
                terms are defined in paragraphs (1) and (3) of section 
                1(b) of the International Banking Act of 1978); and
                  ``(I) an organization operating under section 25 or 
                section 25(a) of the Federal Reserve Act.
          ``The term `foreign commerce' means commerce with a foreign 
        country.
          ``The term `foreign government'except in sections 102, 112, 
        121, 144, or 959, includes any government, faction, or body of 
        insurgents within a country with which the United States is at 
        peace, irrespective of recognition by the United States.
          ``The term `health care benefit program' means any public or 
        private plan or contract, affecting commerce, under which any 
        medical benefit, item, or service is provided to any 
        individual, and includes any individual or entity who is 
        providing a medical benefit, item, or service for which payment 
        may be made under the plan or contract.
          ``The term `interstate commerce' means commerce between two 
        States.
          ``The term `national of the United States' has the meaning 
        given in section 101(a)(22) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(22)).
          ``The term `national bank' is synonymous with `national 
        banking association'.
          ``The term `obligation or other security of any foreign 
        government' includes uncanceled stamps, whether or not 
        demonetized.
          ``The term `organization' means a person other than an 
        individual.
          ``The term `person' and the term `whoever', unless the 
        context otherwise requires, include any entity capable of 
        holding a legal or beneficial interest in property as well as 
        an individual, and where used as a victim of an offense, 
        includes a government.
          ``The term `petty offense' means a Class B misdemeanor, a 
        Class C misdemeanor, or an infraction, for which the maximum 
        fine is no greater than the amount set forth for such an 
        offense in section 3571(b)(6) or (7) in the case of an 
        individual or section 3571(c)(6) or (7) in the case of an 
        organization.
          ``The term `Postal Service' means the United States Postal 
        Service established under title 39, and every officer and 
        employee of that Service, whether or not such officer or 
        employee has taken the oath of office.
          ``The term `serious bodily injury' means--
                  ``(A) bodily injury which involves--
                          ``(i) a substantial risk of death or 
                        unconsciousness;
                          ``(ii) extreme physical pain;
                          ``(iii) protracted and obvious disfigurement; 
                        or
                          ``(iv) protracted loss or impairment of the 
                        function of a bodily member, organ, or mental 
                        or sensory faculty; or
                  ``(B) conduct that, had it occurred in the special 
                maritime or territorial jurisdiction of the United 
                States, would have violated subchapter A of chapter 13.
          ``The term `special maritime and territorial jurisdiction of 
        the United States' means the following:
                  ``(A) The high seas, any other waters within the 
                admiralty and maritime jurisdiction of the United 
                States and out of the jurisdiction of any particular 
                State, and any vessel belonging in whole or in part to 
                the United States or any citizen thereof, or to any 
                corporation created by or under the laws of the United 
                States, or of any State, when such vessel is within the 
                admiralty and maritime jurisdiction of the United 
                States and out of the jurisdiction of any particular 
                State.
                  ``(B) Any vessel registered, licensed, or enrolled 
                under the laws of the United States, and being on a 
                voyage upon the waters of any of the Great Lakes, or 
                any of the waters connecting them, or upon the Saint 
                Lawrence River where the same constitutes the 
                International Boundary Line.
                  ``(C) Any lands reserved or acquired for the use of 
                the United States, and under the exclusive or 
                concurrent jurisdiction thereof, or any place purchased 
                or otherwise acquired by the United States by consent 
                of the legislature of the State in which the same shall 
                be, for the erection of a fort, magazine, arsenal, 
                dockyard, or other needful building.
                  ``(D) Any aircraft belonging in whole or in part to 
                the United States, or any citizen thereof, or to any 
                corporation created by or under the laws of the United 
                States, or any State, while such aircraft is in flight 
                over the high seas, or over any other waters within the 
                admiralty and maritime jurisdiction of the United 
                States and out of the jurisdiction of any particular 
                State.
                  ``(E) Any vehicle used or designed for flight or 
                navigation in space and on the registry of the United 
                States pursuant to the Treaty on Principles Governing 
                the Activities of States in the Exploration and Use of 
                Outer Space, Including the Moon and Other Celestial 
                Bodies and the Convention on Registration of Objects 
                Launched into Outer Space, while that vehicle is in 
                flight, which is from the moment when all external 
                doors are closed on Earth following embarkation until 
                the moment when one such door is opened on Earth for 
                disembarkation or in the case of a forced landing, 
                until the competent authorities take over the 
                responsibility for the vehicle and for persons and 
                property aboard.
                  ``(F) Any place outside the jurisdiction of any 
                nation with respect to an offense by or against a 
                national of the United States.
                  ``(G) To the extent permitted by international law, 
                any foreign vessel during a voyage having a scheduled 
                departure from or arrival in the United States with 
                respect to an offense committed by or against a 
                national of the United States.
                  ``(H) With respect to offenses committed by or 
                against a national of the United States--
                          ``(i) the premises of United States 
                        diplomatic, consular, military or other United 
                        States Government missions or entities in 
                        foreign States, including the buildings, parts 
                        of buildings, and land appurtenant or ancillary 
                        thereto or used for purposes of those missions 
                        or entities, irrespective of ownership; and
                          ``(ii) residences in foreign States and the 
                        land appurtenant or ancillary thereto, 
                        irrespective of ownership, used for purposes of 
                        those missions or entities or used by United 
                        States personnel assigned to those missions or 
                        entities.
                Nothing in clause (ii) supersedes any treaty or 
                international agreement. Clause (ii) does not apply 
                with respect to an offense committed by a person 
                described in section 3261(a).
          ``The term `State' means a State of the United States, the 
        District of Columbia, or any commonwealth, territory, 
        possession of the United States.
          ``The term `substantial bodily injury' means bodily injury 
        which involves--
                  ``(A) a temporary but substantial disfigurement; or
                  ``(B) a temporary but substantial loss or impairment 
                of the function of any bodily member, organ, or mental 
                or sensory faculty.
          ``The term `United States', unless the context otherwise 
        requires, includes all places and waters, continental or 
        insular, subject to the jurisdiction of the United States.
          ``The term `vessel of the United States' means a vessel 
        belonging in whole or in part to the United States, or any 
        citizen thereof, or any corporation created by or under the 
        laws of the United States, or of any State.

                  ``CHAPTER 3--CRIMINAL RESPONSIBILITY

``Sec.
``2.  Principals.
``3.  Accessory after the fact.
``4.  Misprision of felony.
``5.  Conspiracy.
``6.  Attempt.
``7.  Solicitation to commit a crime of violence.

``Sec. 2. Principals

  ``(a) Generally.--Whoever commits an offense against the United 
States or aids, abets, counsels, commands, induces, or procures its 
commission, is punishable as a principal.
  ``(b) For Conduct of Others.--Whoever intentionally causes conduct by 
another that is an offense against the United States, is punishable as 
a principal for that offense.

``Sec. 3. Accessory after the fact

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

``Sec. 4. Misprision of felony

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

``Sec. 5. Conspiracy

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

``Sec. 6. Attempt

  ``(a) General Rule.--Unless otherwise provided by law, whoever 
attempts to commit an offense shall be punished as is provided for the 
completed offense.
  ``(b) Exceptions.--Subsection (a) does not apply to any provision 
that specifically exempts itself from the application of this section.

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

  ``(a) Offense.--Whoever, with intent that another person engage in a 
Federal offense that is a felony crime of violence and under 
circumstances strongly corroborative of that intent, solicits such 
other person to engage in that offense, shall be imprisoned not more 
than one-half the maximum term of imprisonment or (notwithstanding 
section 3571) fined not more than one-half of the maximum fine 
prescribed for the punishment of the crime solicited, or both; or if 
the crime solicited is punishable by life imprisonment or death, shall 
be imprisoned for not more than 20 years.
  ``(b) Affirmative Defense.--It is an affirmative defense to a 
prosecution under this section that, under circumstances manifesting a 
voluntary and complete renunciation of his criminal intent, the 
defendant prevented the commission of the crime solicited. A 
renunciation is not `voluntary and complete' if it is motivated in 
whole or in part by a decision to postpone the commission of the crime 
until another time or to substitute another victim or another but 
similar objective.
  ``(c) Limitation on Defenses.--It is not a defense to a prosecution 
under this section that the person solicited could not be convicted of 
the crime because that person lacked the state of mind required for its 
commission, was incompetent or irresponsible, or is immune from 
prosecution, or not subject to, prosecution.

                 ``CHAPTER 5--OTHER GENERAL PROVISIONS

``Subchapter
                                                                    Sec.
``A. Defenses.....................................................    21

``B. General rules pertaining to criminal offenses................    31

                        ``SUBCHAPTER A--DEFENSES

``Sec.
``21.  Affirmative defenses.
``22.  Insanity defense.

``Sec. 21. Affirmative defenses

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

``Sec. 22. Insanity defense

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

     ``SUBCHAPTER B--GENERAL RULES PERTAINING TO CRIMINAL OFFENSES

``Sec.
``31. Non-preemption.

``Sec. 31. Non-preemption

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

              ``CHAPTER 10--VIOLENT CRIMES AGAINST PERSONS

``Subchapter
                                                                    Sec.
``A. Homicide.....................................................   101

``B. Assault and related offenses.................................   111

``C. Kidnapping...................................................   121

``D. Threats against specially protected persons..................   131

``E. Definitions and general provisions for subchapters A through 
D.................................................................   136

``F. Robbery, extortion, and threats..............................   141

``G. Extortionate credit transactions.............................   155

``H. Domestic violence............................................   161

``I. Protection of unborn children................................   171

                        ``SUBCHAPTER A--HOMICIDE

``Sec.
``101.  Homicide.
``102.  Federally punishable homicides.
``103.  Penalties for murders punishable under section 102; attempts and 
          conspiracies.
``104.  Penalties for manslaughters punishable under section 102; 
          attempts.
``105.  Misconduct or neglect of ship officers.

``Sec. 101. Homicide

  ``Unless otherwise provided by Act of Congress, if a Federal law 
makes the killing of a human being an offense, the following categories 
shall apply with respect to that offense:
  ``(1) Murder.--
          ``(A) Elements of offense.--Murder is the unlawful killing of 
        a human being with malice aforethought. Every murder 
        perpetrated by poison, lying in wait, or any other kind of 
        willful, deliberate, malicious, and premeditated killing; or 
        committed in the perpetration of, or attempt to perpetrate, any 
        arson, escape, murder, kidnapping, treason, espionage, 
        sabotage, aggravated sexual abuse or sexual abuse, child abuse, 
        burglary, or robbery; or perpetrated as part of a pattern or 
        practice of assault or torture against a child or children; or 
        perpetrated from a premeditated design unlawfully and 
        maliciously to effect the death of any human being other than 
        him who is killed, is murder in the first degree. Any other 
        murder is murder in the second degree.
          ``(B) Definitions.--In this paragraph--
                  ``(i) the term `assault' means conduct that consists 
                an assault as described in section 111;
                  ``(ii) the term `child' means a child who is under 
                the perpetrator's care or control or at least six years 
                younger than the perpetrator;
                  ``(iii) the term `child abuse' means intentionally 
                causing death or serious bodily injury to a child;
                  ``(iv) the term `pattern or practice of assault or 
                torture' means assault or torture engaged in on at 
                least two occasions; and
                  ``(v) the term `torture' means conduct, whether or 
                not committed under the color of law, that otherwise 
                satisfies the definition of that term set forth in 
                section 1293.
  ``(2) Manslaughter.--Manslaughter is the unlawful killing of a human 
being without malice. It is of two kinds:
          ``(A) Voluntary.--Upon a sudden quarrel or heat of passion.
          ``(B) Involuntary.--In the commission of an unlawful act not 
        amounting to a felony, or in the commission in an unlawful 
        manner, or without due caution and circumspection, of a lawful 
        act which might produce death.

``Sec. 102. Federally punishable homicides

  ``In addition to any other homicides made punishable by law, the 
following are Federal offenses:
          ``(1) Special maritime and territorial jurisdiction.--A 
        killing in the special maritime and territorial jurisdiction of 
        the United States.
          ``(2) Officers and employees and former officers and 
        employees of the united states.--A killing of any officer or 
        employee, or any former officer or employee, of the United 
        States or of any agency in any branch of the United States 
        Government (including any member of the uniformed services) 
        while such officer or employee is engaged in or on account of 
        the performance of official duties, or any individual assisting 
        such an officer or employee in the performance of such duties 
        or on account of that assistance.
          ``(3) Family members of officers and employees and former 
        officers and employees of the united states.--A killing, with 
        the intent to impede, intimidate, or interfere with an 
        individual described in paragraph (2) while that individual is 
        engaged in the performance of official duties, or with intent 
        to retaliate against such individual on account of the 
        performance of official duties of that individual, of a member 
        of that indvidual's family.
          ``(4) Foreign officials, official guests, and internationally 
        protected persons.--A killing of a foreign official, official 
        guest, or internationally protected person.
          ``(5) By national of the united states abroad.--A killing, by 
        a national of the United States, of a national of the United 
        States while the victim is outside the United States but within 
        the jurisdiction of another country.
          ``(6) Killings by escaped prisoners.--A killing of a person 
        by an individual who has escaped from a Federal correctional 
        institution where the individual was confined under a sentence 
        for a term of life imprisonment.
          ``(7) Congressional, cabinet, and supreme court 
        assassination.--A killing of an individual who is a Member of 
        Congress or a Member-of-Congress-elect, a member of the 
        executive branch of the Government who is the head, or a person 
        nominated to be head during the pendency of such nomination, of 
        a department listed in section 101 of title 5 or the second 
        ranking official in such department, the Director (or a person 
        nominated to be Director during the pendency of such 
        nomination) or Deputy Director of Central Intelligence, or a 
        Justice of the United States, as defined in section 451 of 
        title 28, or a person nominated to be a Justice of the United 
        States, during the pendency of such nomination.
          ``(8) Presidential and presidential staff assassination.--A 
        killing of an individual who is--
                  ``(A) the President of the United States, the 
                President-elect, the Vice President, or, if there is no 
                Vice President, the officer next in the order of 
                succession to the Office of the President of the United 
                States, the Vice President-elect, or any person who is 
                acting as President under the Constitution and laws of 
                the United States;
                  ``(B) a major Presidential or Vice Presidential 
                candidate (as defined in section 3056 of this title); 
                or
                  ``(C) a person appointed under section 105(a)(2)(A) 
                of title 3 employed in the Executive Office of the 
                President or appointed under section 106(a)(1)(A) of 
                title 3 employed in the Office of the Vice President.
          ``(9) Of national abroad.--The killing of an individual 
        outside the United States who is a national of the United 
        States.
          ``(10) Killings by prisoner.--The killing of another by a 
        person confined under a sentence of life imprisonment in a 
        Federal correctional facility.

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

  ``(a) Murder.--A murder that is an offense under section 102 is 
punishable by--
          ``(1) death or imprisonment for life for first degree murder; 
        and
          ``(2) imprisonment for any term of years or for life for 
        second degree murder.
  ``(b) Attempted Murder.--
          ``(1) Generally.--Except as provided in paragraph (2), 
        whoever attempts to commit a murder that is an offense under 
        section 102 shall be imprisoned not more than 20 years.
          ``(2) Special rule relating to congressional, cabinet, and 
        supreme court assassinations and presidential and presidential 
        staff assassinations.--If the offense attempted is against an 
        individual described in paragraph (9) or (10) of section 102 
        the penalty is imprisonment for any term of years or for life.
  ``(c) Conspiracy to Murder.--If two or more persons conspire to 
commit an offense under section 102 and one or more of such persons do 
any overt act to effect the object of the conspiracy, each shall be 
punished by imprisonment for any term of years or for life, but in the 
case of a conspiracy to commit an offense against a individual 
described in paragraph (9) or (10) of section 102, if death results to 
the individual whose killing was the object of the conspiracy, the 
penalty is death or imprisonment for any term of years or for life.

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

  ``(a) Penalty for Manslaughter.--A manslaughter that is an offense 
under section 102 is punishable by--
          ``(1) imprisonment for not more than ten years, for voluntary 
        manslaughter; and
          ``(2) imprisonment for not more than six years, for 
        involuntary manslaughter.
  ``(b) Attempted Manslaughter.--Whoever attempts to commit a 
manslaughter that would be punishable under section 102 shall be 
imprisoned not more than 7 years.

``Sec. 105. Misconduct or neglect of ship officers

  ``(a) Officers.--Every captain, engineer, pilot, or other person 
employed on any steamboat or vessel, by whose misconduct, negligence, 
or inattention to his duties on such vessel the life of any person is 
destroyed, and every owner, charterer, inspector, or other public 
officer, through whose fraud, neglect, connivance, misconduct, or 
violation of law the life of any person is destroyed, shall be 
imprisoned not more than ten years.
  ``(b) Owners.--When the owner or charterer of any steamboat or vessel 
is a corporation, any executive officer of such corporation, for the 
time being actually charged with the control and management of the 
operation, equipment, or navigation of such steamboat or vessel, who 
has knowingly caused or allowed such fraud, neglect, connivance, 
misconduct, or knowing violation of law, by which the life of any 
person is destroyed, shall be imprisoned not more than ten years.

              ``SUBCHAPTER B--ASSAULT AND RELATED OFFENSES

``Sec.
``111.  Assault.
``112.  Individuals federally protected from assault.
``113.  Interference with Federal officers and employees.
``114.  Domestic assault by an habitual offender.

``Sec. 111. Assault

  ``Unless otherwise provided by Act of Congress, if a Federal law 
prohibits an assault against an individual, the following punishments 
shall apply with respect to that offense:
          ``(1) Assault with intent to commit murder, a felony under 
        subchapter (A) of chapter 10, or with intent to maim, 
        disfigure, or torture, by imprisonment for not more than 20 
        years.
          ``(2) Assault with intent to commit any felony, except murder 
        or a felony under subchapter (A) of chapter 10, by imprisonment 
        for not more than ten years.
          ``(3) Assault with a dangerous weapon, with intent to do 
        bodily harm, and without just cause or excuse, by imprisonment 
        for not more than ten years.
          ``(4) Assault resulting in serious bodily injury, by 
        imprisonment for not more than ten years.
          ``(5) Assault resulting in substantial bodily injury to an 
        individual who has not attained the age of 16 years, by 
        imprisonment for not more than 5 years.
          ``(6) Assault by striking, beating, or wounding, by 
        imprisonment for not more than six months.
          ``(7) Simple assault, by imprisonment for not more than six 
        months, or if the victim of the assault is an individual who 
        has not attained the age of 16 years, by imprisonment for not 
        more than 1 year.

``Sec. 112. Individuals federally protected from assault

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

``Sec. 113. Interference with Federal officers and employees

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

``Sec. 114. Domestic assault by an habitual offender

  ``(a) In General.--Whoever commits a domestic assault within the 
special maritime and territorial jurisdiction of the United States or 
Indian country and who has a final conviction on at least 2 separate 
prior occasions in Federal, State, or Indian tribal court proceedings 
for offenses that would be, if subject to Federal jurisdiction--
          ``(1) any assault, sexual abuse, or serious violent felony 
        against a spouse or intimate partner; or
          ``(2) an offense under chapter 110A,
shall be imprisoned for a term of not more than 5 years, but if 
substantial bodily injury results from the offense under this section, 
the offender shall be imprisoned for a term of not more than 10 years.
  ``(b) Domestic Assault Defined.--In this section, the term `domestic 
assault' means an assault committed by a current or former spouse, 
parent, child, or guardian of the victim, by a person with whom the 
victim shares a child in common, by a person who is cohabitating with 
or has cohabitated with the victim as a spouse, parent, child, or 
guardian, or by a person similarly situated to a spouse, parent, child, 
or guardian of the victim.

                       ``SUBCHAPTER C--KIDNAPPING

``Sec.
``121.  Kidnapping.
``122.  Ransom money.
``123.  Hostage taking.
``124.  International parental kidnapping.

``Sec. 121. Kidnapping

  ``(a) Basic Offense.--Except in the case of a child by the parent 
thereof, whoever, as made applicable by subsection (b), kidnaps an 
individual shall be imprisoned any term of years or for life and, if 
death results to any individual, shall be punished by death or life 
imprisonment.
  ``(b) Circumstances Required.--Subsection (a) applies if--
          ``(1) the victim or the victim's body is transported in 
        interstate or foreign commerce, regardless of whether the 
        victim was alive when transported across a State boundary if 
        the victim was alive when the transportation began; or
          ``(2) the victim is an individual whose killing is a Federal 
        offense under section 102.
  ``(c) Presumption.--With respect to a violation of subsection (a), 
based on the circumstance described in subsection (b)(1), the failure 
to release the victim within 24 hours after the victim was kidnapped 
creates a rebuttable presumption that the victim has been transported 
in interstate or foreign commerce. However, the fact that the 
presumption under this section has not yet taken effect does not 
preclude a Federal investigation of a possible violation of this 
section.
  ``(d) Conspiracy Penalty.--If two or more persons conspire to violate 
subsection (a) and one or more of such persons do any overt act to 
effect the object of the conspiracy, each shall be punished by 
imprisonment for any term of years or for life. If the individual whose 
kidnapping was the object of the conspiracy is an individual listed in 
paragraph (9) or (10) of section 102, the death penalty may be imposed 
if death results.
  ``(e) Attempts.--Whoever attempts to violate subsection (a) shall be 
punished by imprisonment for not more than 20 years but if the 
individual whose kidnapping was attempted is described in paragraph (9) 
or (10) of section 102, the offender shall be imprisoned for any term 
of years or for life.
  ``(f) Special Rule for Certain Offenses Involving Children.--If the 
victim of an offense under this section is a child and the offender--
          ``(1) is not a child; and
          ``(2) is not--
                  ``(A) a parent;
                  ``(B) a grandparent;
                  ``(C) a brother;
                  ``(D) a sister;
                  ``(E) an aunt;
                  ``(F) an uncle; or
                  ``(G) an individual having legal custody of the 
                victim;
the sentence under this section for such offense shall include 
imprisonment for not less than 20 years.
  ``(g) Definition for Section.--As used in this section, the term 
`parent' does not include a person whose parental rights with respect 
to the victim of an offense under this section have been terminated by 
a final court order.

``Sec. 122. Ransom money

  ``(a) Federal.--Whoever receives, possesses, or disposes of any money 
or other property, or any portion thereof, which has at any time been 
delivered as ransom or reward in connection with a violation of section 
121, knowing it to be such, shall be imprisoned not more than ten 
years.
  ``(b) State.--Whoever transports, transmits, or transfers in 
interstate or foreign commerce any proceeds of a kidnapping punishable 
under State law by imprisonment for more than 1 year, or receives, 
possesses, conceals, or disposes of any such proceeds after they have 
crossed a State or United States boundary, knowing the proceeds to have 
been unlawfully obtained, shall be imprisoned not more than 10 years.

``Sec. 123. Hostage taking

  ``(a) Offense.--Except as provided in subsection (b) of this section, 
whoever, whether inside or outside the United States, seizes or detains 
and threatens to kill, to injure, or to continue to detain another 
person in order to compel a third person or a governmental organization 
to do or abstain from doing any act as an explicit or implicit 
condition for the release of the person detained shall be punished by 
imprisonment for any term of years or for life and, if the death of any 
person results, shall be punished by death or life imprisonment.
  ``(b) Exclusions.--
          ``(1) It is not an offense under this section if the conduct 
        required for the offense occurred outside the United States 
        unless--
                  ``(A) the offender or the person seized or detained 
                is a national of the United States;
                  ``(B) the offender is found in the United States; or
                  ``(C) the governmental organization sought to be 
                compelled is the Government of the United States.
          ``(2) It is not an offense under this section if the conduct 
        required for the offense occurred inside the United States, 
        each alleged offender and each person seized or detained are 
        nationals of the United States, and each alleged offender is 
        found in the United States, unless the governmental 
        organization sought to be compelled is the Government of the 
        United States.

``Sec. 124. International parental kidnapping

  ``(a) Offense.--Whoever removes a child from the United States, or 
attempts to do so, or retains a child (who has been in the United 
States) outside the United States with intent to obstruct the lawful 
exercise of parental rights shall be imprisoned not more than 3 years.
  ``(b) Definitions.--As used in this section--
          ``(1) the term `child' means a person who has not attained 
        the age of 16 years; and
          ``(2) the term `parental rights', with respect to a child, 
        means the right to physical custody of the child--
                  ``(A) whether joint or sole (and includes visiting 
                rights); and
                  ``(B) whether arising by operation of law, court 
                order, or legally binding agreement of the parties.
  ``(c) Affirmative Defense.--It is an affirmative defense under this 
section that--
          ``(1) the defendant acted within the provisions of a valid 
        court order granting the defendant legal custody or visitation 
        rights and that order was obtained pursuant to the Uniform 
        Child Custody Jurisdiction Act or the Uniform Child Custody 
        Jurisdiction and Enforcement Act and was in effect at the time 
        of the offense;
          ``(2) the defendant was fleeing an incidence or pattern of 
        domestic violence; or
          ``(3) the defendant had physical custody of the child 
        pursuant to a court order granting legal custody or visitation 
        rights and failed to return the child as a result of 
        circumstances beyond the defendant's control, and the defendant 
        notified or made reasonable attempts to notify the other parent 
        or lawful custodian of the child of such circumstances within 
        24 hours after the visitation period had expired and returned 
        the child as soon as possible.
  ``(d) Effect on Hague Convention.--This section does not limit The 
Hague Convention on the Civil Aspects of International Parental Child 
Abduction, done at The Hague on October 25, 1980.

      ``SUBCHAPTER D--THREATS AGAINST SPECIALLY PROTECTED PERSONS

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

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

  ``Whoever threatens to kill, kidnap, or inflict bodily harm upon--
          ``(1) an individual described in paragraph (2) or (3) of 
        section 102 on account of the performance of official duties;
          ``(2) an individual described in paragraph (4), (7), or (8) 
        of section 102;
          ``(3) a former President of the United States;
          ``(4) a member of the immediate family of the President, the 
        President-elect, the Vice President, or the Vice President-
        elect;
          ``(5) a major candidate for the office of President or Vice 
        President, or a member of the immediate family of such 
        candidate; or
          ``(6) a person protected by the Secret Service under section 
        3056(a)(6);
shall be imprisoned not more than 10 years.

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

``Sec.
``136.  Definitions for subchapters A through D.
``137.  Special rules relating to offenses against certain types of 
          victims.

``Sec. 136. Definitions for subchapters A through D

  ``Unless otherwise provided, in subchapters A through D, the 
following definitions apply:
          ``(1) The term `family' with respect to an individual, 
        means--
                  ``(A) a spouse, parent, brother or sister, child, or 
                person to whom the individual stands in loco parentis; 
                or
                  ``(B) any other person living in the individual's 
                household and related to the individual by blood or 
                marriage.
          ``(2) The term `foreign government' means the government of a 
        foreign country, irrespective of recognition by the United 
        States.
          ``(3) The term `foreign official' means--
                  ``(A) a Chief of State or the political equivalent, 
                President, Vice President, Prime Minister, Ambassador, 
                Foreign Minister, or other officer of Cabinet rank or 
                above of a foreign government or the chief executive 
                officer of an international organization, or any person 
                who has previously served in such capacity, and any 
                member of his family, while in the United States; or
                  ``(B) any person of a foreign nationality who is duly 
                notified to the United States as an officer or employee 
                of a foreign government or international organization, 
                and who is in the United States on official business, 
                and any member of that person's family whose presence 
                in the United States is in connection with the presence 
                of such officer or employee.
          ``(4) The term `internationally protected person' means an 
        individual who is--
                  ``(A) a Chief of State or the political equivalent, 
                head of government, or Foreign Minister whenever such 
                person is in a country other than his own and any 
                member of that individual's family accompanying that 
                individual; or
                  ``(B) any other representative, officer, employee, or 
                agent of the United States Government, a foreign 
                government, or international organization who at the 
                time and place concerned is entitled pursuant to 
                international law to special protection against attack 
                upon his person, freedom, or dignity, and any member of 
                that individual's family then forming part of his 
                household.
          ``(5) The term `international organization' means a public 
        international organization designated as such pursuant to 
        section 1 of the International Organizations Immunities Act (22 
        U.S.C. 288) or a public organization created pursuant to treaty 
        or other agreement under international law as an instrument 
        through or by which two or more foreign governments engage in 
        some aspect of their conduct of international affairs.
          ``(6) The term `official guest' means a citizen or national 
        of a foreign country present in the United States as an 
        official guest of the Government of the United States pursuant 
        to designation as such by the Secretary of State.
          ``(7) The terms `President-elect' and `Vice President-elect' 
        mean those persons who are the apparently successful candidates 
        for the offices of President and Vice President, respectively, 
        as ascertained from the result of the general elections held to 
        determine the electors of President and Vice President under 
        sections 1 and 2 of title 3.

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

  ``(a) Extraterritorial Jurisdiction.--
          ``(1) Presidential and congressional victims.--There is 
        extraterritorial jurisdiction over an offense under any of 
        subchapters A through D against a victim described in paragraph 
        (9) or (10) of section 102.
          ``(2) Internationally protected persons.--There is 
        extraterritorial jurisdiction over an offense under any of 
        subchapters A through D the victim of which is an 
        internationally protected person outside the United States, 
        if--
                  ``(A) the victim is a representative, officer, 
                employee, or agent of the United States;
                  ``(B) an offender is a national of the United States; 
                or
                  ``(C) an offender is afterwards found in the United 
                States.
  ``(b) Use of Military With Respect to Certain Offenses.--With respect 
to an offense under this chapter, or an attempt or conspiracy to commit 
such an offense, if an element of the offense is that the victim be 
individual described in paragraph (9) or (10) of section 102, a foreign 
official, an internationally protected person, or an official guest, 
the Attorney General may request assistance from any Federal, State, or 
local agency, including the Army, Navy, and Air Force.
  ``(c) Special Provisions Relating to Offenses Involving Presidential 
or Congressional Victims.--With respect to an offense under paragraph 
(9) or (10) of section 102--
          ``(1) if Federal investigative or prosecutive jurisdiction is 
        asserted, that assertion suspends the exercise of jurisdiction 
        by a State or local authority, under any applicable State or 
        local law, until Federal action is terminated;
          ``(2) the Federal Bureau of Investigation shall have 
        investigative authority; and
          ``(3) in a prosecution, the Government need not prove that 
        the defendant knew that the victim of the offense was an 
        individual who is protected by that paragraph.
  ``(d) Approval Required for Prosecutions Relating to United States 
Nationals Killed Overseas.--
          ``(1) Approval required.--No prosecution may be instituted 
        against any person under section 101(a)(5) except upon the 
        written approval of the Attorney General, the Deputy Attorney 
        General, or an Assistant Attorney General, which function of 
        approving prosecutions may not be delegated. No prosecution 
        shall be approved if prosecution has been previously undertaken 
        by a foreign country for the same conduct.
          ``(2) Basis for approval.--No prosecution shall be approved 
        under this subsection unless the Attorney General, in 
        consultation with the Secretary of State, determines that the 
        conduct took place in a country in which the person is no 
        longer present, and the country lacks the ability to lawfully 
        secure the person's return. A determination by the Attorney 
        General under this paragraph is not subject to judicial review.
  ``(e) Certification of Terrorism Relation Required for Certain 
Prosecutions Relating to Killing or Attacking Nationals of the United 
States Abroad.--No prosecution for any offense described in section 
102(11) or 116 shall be undertaken by the United States except on 
written certification of the Attorney General or the highest ranking 
subordinate of the Attorney General with responsibility for criminal 
prosecutions that, in the judgment of the certifying official, such 
offense was intended to coerce, intimidate, or retaliate against a 
government or a civilian population.

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

``Sec.
``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.

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

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

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

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

``Sec. 143. Bank robbery and incidental crimes

  ``(a) Aggravated Offense.--Whoever--
          ``(1) by force and violence, or by intimidation, takes, or 
        attempts to take, from the person or presence of another, or 
        obtains or attempts to obtain by extortion any property or 
        money or any other thing of value belonging to, or in the care, 
        custody, control, management, or possession of, any bank, 
        credit union, or any savings and loan association; or
          ``(2) enters or attempts to enter any bank, credit union, or 
        any savings and loan association, or any building used in whole 
        or in part as a bank, credit union, or as a savings and loan 
        association, with intent to commit in such bank, credit union, 
        or in such savings and loan association, or building, or part 
        thereof, so used, any felony affecting such bank, credit union, 
        or such savings and loan association and in violation of any 
        statute of the United States, or any larceny;
shall be imprisoned not more than 20 years.
  ``(b) Taking and Carrying Away Property Over $1,000 in Value.--
Whoever takes and carries away, with intent to steal or purloin any 
property or money or any other thing of value exceeding $1,000 
belonging to, or in the care, custody, control, management, or 
possession of any bank, credit union, or any savings and loan 
association, shall be imprisoned not more than ten years.
  ``(c) Taking and Carrying Away Property of $1,000 or less in Value.--
Whoever takes and carries away, with intent to steal or purloin, any 
property or money or any other thing of value not exceeding $1,000 
belonging to, or in the care, custody, control, management, or 
possession of any bank, credit union, or any savings and loan 
association, shall be imprisoned not more than one year.
  ``(c) Receiving Stolen Bank Property.--Whoever receives, possesses, 
conceals, stores, barters, sells, or disposes of, any property or money 
or other thing of value which has been taken or stolen from a bank, 
credit union, or savings and loan association in violation of 
subsection (b) or (c), knowing the same to be property which has been 
stolen shall be subject to the punishment provided in subsection (b) or 
(c) for the taker.
  ``(d) Assaulting Person or Placing Life in Jeopardy.--Whoever, in 
committing, or in attempting to commit, any offense defined in 
subsections (a) through (c), assaults any person, or puts in jeopardy 
the life of any person by the use of a dangerous weapon or device, 
shall be imprisoned not more than 25 years.
  ``(e) Killing and Kidnaping.--Whoever, in committing any offense 
defined in this section, or in avoiding or attempting to avoid 
apprehension for the commission of such offense, or in freeing himself 
or attempting to free himself from arrest or confinement for such 
offense, kills any person, or forces any person to accompany him 
without the consent of such person, shall be imprisoned not less than 
ten years, or if death results shall be punished by death or life 
imprisonment.
  ``(f) Definitions.-- As used in this section--
          ``(1) the term `bank' means any member bank of the Federal 
        Reserve System, and any bank, banking association, trust 
        company, savings bank, or other banking institution organized 
        or operating under the laws of the United States, including a 
        branch or agency of a foreign bank (as such terms are defined 
        in paragraphs (1) and (3) of section 1(b) of the International 
        Banking Act of 1978), and any institution the deposits of which 
        are insured by the Federal Deposit Insurance Corporation;
          ``(2) the term `credit union' means any Federal credit union 
        and any State-chartered credit union the accounts of which are 
        insured by the National Credit Union Administration Board, and 
        any `Federal credit union' as defined in section 2 of the 
        Federal Credit Union Act;
          ``(3) the term `State-chartered credit union' includes a 
        credit union chartered under the laws of a State; and
          ``(4) the term `savings and loan association' means--
                  ``(A) a Federal savings association or State savings 
                association (as defined in section 3(b) of the Federal 
                Deposit Insurance Act (12 U.S.C. 1813(b))) having 
                accounts insured by the Federal Deposit Insurance 
                Corporation; and
                  ``(B) a corporation described in section 3(b)(1)(C) 
                of the Federal Deposit Insurance Act (12 U.S.C. 
                1813(b)(1)(C)) that is operating under the laws of the 
                United States.

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

  ``(a) Kidnap Ransom.--Whoever knowingly transmits, in or affecting 
interstate or foreign commerce, any communication containing any demand 
or request for a ransom or reward for the release of any kidnapped 
person shall be imprisoned not more than 20 years.
  ``(b) Threats To Kidnap or Injure.--Whoever, with intent to extort 
from any person any money or other thing of value, knowingly transmits, 
in or affecting interstate commerce, any communication containing any 
threat to kidnap any person or any threat to injure the person of 
another, shall be imprisoned not more than 20 years.
  ``(d) Threats to Property or Reputation With Intent to Extort.--
Whoever, with intent to extort from any person any money or other thing 
of value, knowingly transmits, in or affecting interstate or foreign 
commerce, any communication containing any threat--
          ``(1) to injure the property or reputation of another or the 
        reputation of a deceased person; or
          ``(2) to accuse another of a crime;
shall be or imprisoned not more than 10 years.

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

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

``Sec. 146. Receiving the proceeds of extortion

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

            ``SUBCHAPTER G--EXTORTIONATE CREDIT TRANSACTIONS

``Sec.
``155.  Making extortionate extensions of credit.
``156.  Financing extortionate extensions of credit.
``157.  Collection of extensions of credit by extortionate means.
``158.  Effect on State laws.
``159.  Definitions and rules of construction.

``Sec. 155. Making extortionate extensions of credit

  ``(a) Offense.--Whoever makes any extortionate extension of credit 
shall be imprisoned not more than 20 years.
  ``(b) Prima Facie Evidence of Extortionate Transaction.--In any 
prosecution under this section, if it is shown that all of the 
following factors were present in connection with the extension of 
credit in question, there is prima facie evidence that the extension of 
credit was extortionate:
          ``(1) The repayment of the extension of credit, or the 
        performance of any promise given in consideration thereof, 
        would be unenforceable, through civil judicial processes 
        against the debtor--
                  ``(A) in the jurisdiction within which the debtor, if 
                a natural person, resided; or
                  ``(B) in every jurisdiction within which the debtor, 
                if other than a natural person, was incorporated or 
                qualified to do business at the time the extension of 
                credit was made.
          ``(2) The extension of credit was made at a rate of interest 
        in excess of an annual rate of 45 per centum calculated 
        according to the actuarial method of allocating payments made 
        on a debt between principal and interest, pursuant to which a 
        payment is applied first to the accumulated interest and the 
        balance is applied to the unpaid principal.
          ``(3) At the time the extension of credit was made, the 
        debtor reasonably believed that either--
                  ``(A) one or more extensions of credit by the 
                creditor had been collected or attempted to be 
                collected by extortionate means, or the nonrepayment 
                thereof had been punished by extortionate means; or
                  ``(B) the creditor had a reputation for the use of 
                extortionate means to collect extensions of credit or 
                to punish the nonrepayment thereof.
          ``(4) Upon the making of the extension of credit, the total 
        of the extensions of credit by the creditor to the debtor then 
        outstanding, including any unpaid interest or similar charges, 
        exceeded $100.
  ``(c) Reputation Evidence.--In any prosecution under this section, if 
evidence is introduced tending to show the existence of any of the 
circumstances described in subsection (b)(1) or (b)(2), and direct 
evidence of the actual belief of the debtor as to the creditor's 
collection practices is not available, then for the purpose of showing 
the understanding of the debtor and the creditor at the time the 
extension of credit was made, the court may in its discretion allow 
evidence to be introduced tending to show the reputation as to 
collection practices of the creditor in any community of which the 
debtor was a member at the time of the extension.

``Sec. 156. Financing extortionate extensions of credit

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

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

  ``Whoever knowingly uses any extortionate means--
          ``(1) to collect or attempt to collect any extension of 
        credit; or
          ``(2) to punish any person for nonrepayment of an extension 
        of credit;
shall be imprisoned not more than 20 years.

``Sec. 158. Effect on State laws

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

``Sec. 159. Definitions and rules of construction

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

                   ``SUBCHAPTER H--DOMESTIC VIOLENCE

``Sec.
``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.

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

  ``(a) Offenses.--Whoever--
          ``(1) travels in interstate or foreign commerce or enters or 
        leaves Indian country or within the special maritime and 
        territorial jurisdiction of the United States with the intent 
        to kill, injure, harass, or intimidate a spouse, intimate 
        partner, or dating partner, and who, in the course of or as a 
        result of such travel, commits or attempts to commit a crime of 
        violence against that spouse, intimate partner, or dating 
        partner;
          ``(2) causes a spouse, intimate partner, or dating partner to 
        travel in interstate or foreign commerce or to enter or leave 
        Indian country or within the special maritime and territorial 
        jurisdiction of the United States by force, coercion, duress, 
        or fraud, and who, in the course of, as a result of, or to 
        facilitate such conduct or travel, commits or attempts to 
        commit a crime of violence against that spouse, intimate 
        partner, or dating partner;
          ``(3) travels in interstate or foreign commerce or within the 
        special maritime and territorial jurisdiction of the United 
        States, or enters or leaves Indian country, with the intent to 
        kill, injure, harass, or place under surveillance with intent 
        to kill, injure, harass, or intimidate another person, and in 
        the course of, or as a result of, such travel places that 
        person in reasonable fear of the death of, or serious bodily 
        injury to, or causes substantial emotional distress to that 
        person, a member of the immediate family (as defined in section 
        115) of that person, or the spouse or intimate partner of that 
        person; or
          ``(4) with the intent--
                  ``(A) to kill, injure, harass, or place under 
                surveillance with intent to kill, injure, harass, or 
                intimidate, or cause substantial emotional distress to 
                a person in another State or tribal jurisdiction or 
                within the special maritime and territorial 
                jurisdiction of the United States; or
                  ``(B) to place a person in another State or tribal 
                jurisdiction, or within the special maritime and 
                territorial jurisdiction of the United States, in 
                reasonable fear of the death of, or serious bodily 
                injury to--
                          ``(i) that person;
                          ``(ii) a member of the immediate family (as 
                        defined in section 115 of that person; or
                          ``(iii) a spouse or intimate partner of that 
                        person;
        uses the mail, any interactive computer service, or any 
        facility of interstate or foreign commerce to engage in a 
        course of conduct that causes substantial emotional distress to 
        that person or places that person in reasonable fear of the 
        death of, or serious bodily injury to, any of the persons 
        described in clauses (i) through (iii) of subparagraph (B);
          ``(5) travels in interstate or foreign commerce, or enters or 
        leaves Indian country, with the intent to engage in conduct 
        that violates the portion of a protection order that prohibits 
        or provides protection against violence, threats, or harassment 
        against, contact or communication with, or physical proximity 
        to, another person, or that would violate such a portion of a 
        protection order in the jurisdiction in which the order was 
        issued, and subsequently engages in such conduct; or
          ``(6) causes another person to travel in interstate or 
        foreign commerce or to enter or leave Indian country by force, 
        coercion, duress, or fraud, and in the course of, as a result 
        of, or to facilitate such conduct or travel engages in conduct 
        that violates the portion of a protection order that prohibits 
        or provides protection against violence, threats, or harassment 
        against, contact or communication with, or physical proximity 
        to, another person, or that would violate such a portion of a 
        protection order in the jurisdiction in which the order was 
        issued;
shall be punished as provided in subsection (b).
  ``(b) Punishment.--
          ``(1) In general.--Whoever violates subsection (a) shall be 
        imprisoned--
                  ``(A) for life or any term of years, if death of the 
                victim results;
                  ``(B) for not more than 20 years if permanent 
                disfigurement or life threatening bodily injury to the 
                victim results;
                  ``(C) for not more than 10 years, if serious bodily 
                injury to the victim results or if the offender uses a 
                dangerous weapon during the offense;
                  ``(D) as provided for the applicable conduct under 
                subchapter A of chapter 13 if the offense would 
                constitute an offense under that subchapter (without 
                regard to whether the offense was committed in the 
                special maritime and territorial jurisdiction of the 
                United States or in a Federal prison); and
                  ``(E) for not more than 5 years, in any other case.
          ``(2) Special rule.--Whoever violates paragraph (3) or (4) of 
        subsection (a) in violation of a temporary or permanent civil 
        or criminal injunction, restraining order, no-contact order, or 
        other order described in section 164 shall be punished by 
        imprisonment for not less than 1 year.

``Sec. 162. Pretrial release of defendant

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

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

  ``(a) Full Faith and Credit.--Any protection order issued that is 
consistent with subsection (b) of this section by the court of one 
State or Indian tribe (the issuing State or Indian tribe) shall be 
accorded full faith and credit by the court of another State or Indian 
tribe, (the enforcing State or Indian tribe) and enforced by the court 
and law enforcement personnel of the other State or Indian tribe as if 
it were the order of the enforcing State or Indian tribe.
  ``(b) Protection Order.--A protection order issued by a State, 
tribal, or territorial court is consistent with this subsection if--
          ``(1) such court has jurisdiction over the parties and matter 
        under the law of such State or Indian tribe; and
          ``(2) reasonable notice and opportunity to be heard is given 
        to the person against whom the order is sought sufficient to 
        protect that person's right to due process; and in the case of 
        ex parte orders, notice and opportunity to be heard must be 
        provided within the time required by State, tribal, or 
        territorial law, and in any event within a reasonable time 
        after the order is issued, sufficient to protect the 
        respondent's due process rights.
  ``(c) Cross or Counter Petition.--A protection order issued by a 
State, tribal, or territorial court against one who has petitioned, 
filed a complaint, or otherwise filed a written pleading for protection 
against abuse by a spouse or intimate partner is not entitled to full 
faith and credit if--
          ``(1) no cross or counter petition, complaint, or other 
        written pleading was filed seeking such a protection order; or
          ``(2) a cross or counter petition has been filed and the 
        court did not make specific findings that each party was 
        entitled to such an order.
  ``(d) Notification and Registration.--
          ``(1) Notification.--A State or Indian tribe according full 
        faith and credit to an order by a court of another State or 
        Indian tribe shall not notify or require notification of the 
        party against whom a protection order has been issued that the 
        protection order has been registered or filed in that enforcing 
        State, tribal, or territorial jurisdiction unless requested to 
        do so by the party protected under such order.
          ``(2) No prior registration or filing as prerequisite for 
        enforcement.--Any protection order that is otherwise consistent 
        with this section shall be accorded full faith and credit, 
        notwithstanding failure to comply with any requirement that the 
        order be registered or filed in the enforcing State, tribal, or 
        territorial jurisdiction.
          ``(3) Limits on internet publication of registration 
        information.--A State or Indian tribe shall not make available 
        publicly on the Internet any information regarding the 
        registration, filing of a petition for, or issuance of a 
        protection order, restraining order or injunction, restraining 
        order, or injunction in either the issuing or enforcing State, 
        tribal or territorial jurisdiction, if such publication would 
        be likely to publicly reveal the identity or location of the 
        party protected under such order. A State or Indian tribe may 
        share court-generated and law enforcement-generated information 
        contained in secure, governmental registries for protection 
        order enforcement purposes.
  ``(e) Tribal Court Jurisdiction.--For purposes of this section, a 
tribal court shall have full civil jurisdiction to enforce protection 
orders, including authority to enforce any orders through civil 
contempt proceedings, exclusion of violators from Indian lands, and 
other appropriate mechanisms, in matters arising within the authority 
of the tribe.

``Sec. 164. Definitions

  ``As used in this subchapter--
          ``(1) the term `course of conduct' means a pattern of conduct 
        composed of 2 or more acts, demonstrating a continuity of 
        purpose;
          ``(2) the term `enter or leave Indian country' includes 
        leaving the jurisdiction of 1 tribal government and entering 
        the jurisdiction of another tribal government;
          ``(3) the term `protection order' includes--
                  ``(A) any injunction, restraining order, or any other 
                order issued by a civil or criminal court for the 
                purpose of preventing violent or threatening acts or 
                harassment against, sexual violence, or contact or 
                communication with or physical proximity to, another 
                person, including any temporary or final order issued 
                by a civil or criminal court whether obtained by filing 
                an independent action or as a pendente lite order in 
                another proceeding so long as any civil or criminal 
                order was issued in response to a complaint, petition, 
                or motion filed by or on behalf of a person seeking 
                protection; and
                  ``(B) any support, child custody or visitation 
                provisions, orders, remedies or relief issued as part 
                of a protection order, restraining order, or injunction 
                pursuant to State, tribal, territorial, or local law 
                authorizing the issuance of protection orders, 
                restraining orders, or injunctions for the protection 
                of victims of domestic violence, sexual assault, dating 
                violence, or stalking;
          ``(4) the term `spouse or intimate partner' includes--
                  ``(A) for purposes of--
                          ``(i) all provisions except paragraphs (3) 
                        and (4) of section 161--
                                  ``(I) a spouse or former spouse of 
                                the abuser, a person who shares a child 
                                in common with the abuser, and a person 
                                who cohabits or has cohabited as a 
                                spouse with the abuser; or
                                  ``(II) a person who is or has been in 
                                a social relationship of a romantic or 
                                intimate nature with the abuser, as 
                                determined by the length of the 
                                relationship, the type of relationship, 
                                and the frequency of interaction 
                                between the persons involved in the 
                                relationship; and
                          ``(ii) section 2261A--
                                  ``(I) a spouse or former spouse of 
                                the target of the stalking, a person 
                                who shares a child in common with the 
                                target of the stalking, and a person 
                                who cohabits or has cohabited as a 
                                spouse with the target of the stalking; 
                                or
                                  ``(II) a person who is or has been in 
                                a social relationship of a romantic or 
                                intimate nature with the target of the 
                                stalking, as determined by the length 
                                of the relationship, the type of the 
                                relationship, and the frequency of 
                                interaction between the persons 
                                involved in the relationship; and
                  ``(B) any other person similarly situated to a spouse 
                who is protected by the domestic or family violence 
                laws of the State or tribal jurisdiction in which the 
                injury occurred or where the victim resides;
          ``(5) the term `travel in interstate or foreign commerce' 
        does not include travel from one State to another by an 
        individual who is a member of an Indian tribe and who remains 
        at all times in the territory of the Indian tribe of which the 
        individual is a member; and
          ``(6) the term `dating partner' refers to a person who is or 
        has been in a social relationship of a romantic or intimate 
        nature with the abuser; and the existence of such a 
        relationship is based on a consideration of--
                  ``(A) the length of the relationship;
                  ``(B) the type of relationship; and
                  ``(C) the frequency of interaction between the 
                persons involved in the relationship.

``Sec. 165. Repeat offenders

  ``(a) Maximum Term of Imprisonment.--The maximum term of imprisonment 
for a violation of this chapter after a prior domestic violence or 
stalking offense shall be twice the term otherwise provided under this 
chapter.
  ``(b) Definition.--As used in this section, the term `prior domestic 
violence or stalking offense' means a conviction for an offense--
          ``(1) under section 161; or
          ``(2) under State law for an offense consisting of conduct 
        that would have been an offense under a section referred to in 
        subparagraph (A) if the conduct had occurred within the special 
        maritime and territorial jurisdiction of the United States, or 
        in interstate or foreign commerce.

             ``SUBCHAPTER I--PROTECTION OF UNBORN CHILDREN

``Sec.
``171.  Protection of unborn children.
``172.  Partial-birth abortions prohibited

``Sec. 171. Protection of unborn children

  ``(a)(1) Whoever engages in conduct that violates any of the 
provisions of law listed in subsection (b) and thereby causes the death 
of, or bodily injury to, a child, who is in utero at the time the 
conduct takes place, is guilty of a separate offense under this 
section.
  ``(2)(A) Except as otherwise provided in this paragraph, the 
punishment for that separate offense is the same as the punishment 
provided under Federal law for that conduct had that injury or death 
occurred to the unborn child's mother.
  ``(B) An offense under this section does not require proof that--
          ``(i) the person engaging in the conduct had knowledge or 
        should have had knowledge that the victim of the underlying 
        offense was pregnant; or
          ``(ii) the defendant intended to cause the death of, or 
        bodily injury to, the unborn child.
  ``(C) If the person engaging in the conduct thereby intentionally 
kills or attempts to kill the unborn child, that person shall instead 
of being punished under subparagraph (A) and subject to subparagraph 
(D), be punished as provided under subchapter A for the like offense.
  ``(D) Notwithstanding any other provision of law, the death penalty 
shall not be imposed for an offense under this section.
  ``(b) The provisions referred to in subsection (a) are the following:
          ``(1) Sections 101, 102, 111, 121, 123, 143, 161, 165, 201, 
        204, 271, 273, 413(e), 501, 502, 506, 507, 584, 593, 601, 614, 
        631, 873, 892, 895, 897, 1112, 1131, 1133, 1137, 1138, 1204, 
        1216, 1291, 1296, 1306, and 1373 of this title.
          ``(2) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 
        2283).
  ``(c) Nothing in this section shall be construed to permit the 
prosecution--
          ``(1) of any person for conduct relating to an abortion for 
        which the consent of the pregnant woman, or a person authorized 
        by law to act on her behalf, has been obtained or for which 
        such consent is implied by law;
          ``(2) of any person for any medical treatment of the pregnant 
        woman or her unborn child; or
          ``(3) of any woman with respect to her unborn child.
  ``(d) As used in this section, the term `unborn child' means a child 
in utero, and the term `child in utero' or `child, who is in utero' 
means a member of the species homo sapiens, at any stage of 
development, who is carried in the womb.

``Sec. 172. Partial-birth abortions prohibited

  ``(a) Any physician who, in or affecting interstate or foreign 
commerce, knowingly performs a partial-birth abortion and thereby kills 
a human fetus shall be imprisoned not more than 2 years. This 
subsection does not apply to a partial-birth abortion that is necessary 
to save the life of a mother whose life is endangered by a physical 
disorder, physical illness, or physical injury, including a life-
endangering physical condition caused by or arising from the pregnancy 
itself.
  ``(b) As used in this section--
          ``(1) the term `partial-birth abortion' means an abortion in 
        which the person performing the abortion--
                  ``(A) deliberately and intentionally vaginally 
                delivers a living fetus until, in the case of a head-
                first presentation, the entire fetal head is outside 
                the body of the mother, or, in the case of breech 
                presentation, any part of the fetal trunk past the 
                navel is outside the body of the mother, for the 
                purpose of performing an overt act that the person 
                knows will kill the partially delivered living fetus; 
                and
                  ``(B) performs the overt act, other than completion 
                of delivery, that kills the partially delivered living 
                fetus; and
          ``(2) the term `physician' means a doctor of medicine or 
        osteopathy legally authorized to practice medicine and surgery 
        by the State in which the doctor performs such activity, or any 
        other individual legally authorized by the State to perform 
        abortions: Provided, however, That any individual who is not a 
        physician or not otherwise legally authorized by the State to 
        perform abortions, but who nevertheless directly performs a 
        partial-birth abortion, shall be subject to the provisions of 
        this section.
  ``(c)(1) The father, if married to the mother at the time she 
receives a partial-birth abortion procedure, and if the mother has not 
attained the age of 18 years at the time of the abortion, the maternal 
grandparents of the fetus, may in a civil action obtain appropriate 
relief, unless the pregnancy resulted from the plaintiff's criminal 
conduct or the plaintiff consented to the abortion.
  ``(2) Such relief shall include--
          ``(A) money damages for all injuries, psychological and 
        physical, occasioned by the violation of this section; and
          ``(B) statutory damages equal to three times the cost of the 
        partial-birth abortion.
  ``(d)(1) A defendant accused of an offense under this section may 
seek a hearing before the State Medical Board on whether the 
physician's conduct was necessary to save the life of the mother whose 
life was endangered by a physical disorder, physical illness, or 
physical injury, including a life-endangering physical condition caused 
by or arising from the pregnancy itself.
  ``(2) The findings on that issue are admissible on that issue at the 
trial of the defendant. Upon a motion of the defendant, the court shall 
delay the beginning of the trial for not more than 30 days to permit 
such a hearing to take place.
  ``(e) A woman upon whom a partial-birth abortion is performed may not 
be prosecuted under this section, for a conspiracy to violate this 
section, or for an offense under section 2, 3, or 4 based on a 
violation of this section.

                        ``CHAPTER 13--SEX CRIMES

``Subchapter
                                                                    Sec.
``A. Sexual abuse.................................................   201

``B. Transport for illegal sexual activity........................   211

``C. Sexual exploitation of children..............................   221

``D. Sex offender registry........................................   241

``E. General provisions and definitions...........................   255

                      ``SUBCHAPTER B--SEXUAL ABUSE

``Sec.
``201.  Sexual abuse.
``202.  Abusive sexual contact.
``203.  Special rules and defenses.
``204.  Sexual abuse resulting in death.
``205.  Definitions for subchapter.

``Sec. 201. Sexual abuse

  ``(a) Elements of Offense.--As made applicable and punished in 
subsection (b), the following offenses have the following elements:
          ``(1) Aggravated sexual abuse.--Whoever--
                  ``(A) knowingly causes another person to engage in a 
                sexual act--
                          ``(i) by using force against that other 
                        person; or
                          ``(ii) by threatening or placing that other 
                        person in fear that any person will be 
                        subjected to death, serious bodily injury, 
                        substantial risk of unconsciousness, or 
                        kidnapping;
                  ``(B) knowingly--
                          ``(i) renders another person unconscious and 
                        thereby engages in a sexual act with that other 
                        person; or
                          ``(ii) administers to another person by force 
                        or threat of force, or without the knowledge or 
                        permission of that person, a drug, intoxicant, 
                        or other similar substance and thereby--
                                  ``(I) substantially impairs the 
                                ability of that other person to 
                                appraise or control conduct; and
                                  ``(II) engages in a sexual act with 
                                that other person; or
                  ``(C) knowingly engages in a sexual act with another 
                person--
                          ``(i) who has not attained the age of 12 
                        years; or
                          ``(ii) who has attained the age of 12 years 
                        but has not attained the age of 16 years (and 
                        is at least 4 years younger than the person so 
                        engaging);
        is guilty of aggravated sexual abuse.
          ``(2) Sexual abuse.--Whoever knowingly--
                  ``(A) causes another person to engage in a sexual act 
                by threatening or placing that other person in fear 
                (other than by threatening or placing that other person 
                in fear that any person will be subjected to death, 
                serious bodily injury, substantial risk of 
                unconsciousness, or kidnapping); or
                  ``(B) engages in a sexual act with another person if 
                that other person is--
                          ``(i) incapable of appraising the nature of 
                        the conduct; or
                          ``(ii) physically incapable of declining 
                        participation in, or communicating 
                        unwillingness to engage in, that sexual act;
        is guilty of sexual abuse.
          ``(3) Sexual abuse of a ward.--Whoever knowingly engages in a 
        sexual act with another person who is--
                  ``(A) in official detention; and
                  ``(B) under the custodial, supervisory, or 
                disciplinary authority of the person so engaging;
        is guilty of sexual abuse of a ward.
  ``(b) Penalties and Circumstances for Federal Offense.--
          ``(1) Penalties.--
                  ``(A) Aggravated sexual abuse.--Whoever commits 
                aggravated sexual abuse in a place described in 
                paragraph (2) shall be imprisoned for any term of years 
                or for life.
                  ``(B) Sexual abuse.--Whoever commits sexual abuse in 
                a place described in paragraph (2) shall be imprisoned 
                not more than 20 years.
                  ``(C) Sexual abuse of a ward.--Whoever commits sexual 
                abuse of a ward in a place described in paragraph (2) 
                shall be imprisoned not more than 5 years.
          ``(2) Circumstances.--The places referred to in paragraph (1) 
        are--
                  ``(A) the special maritime and territorial 
                jurisdiction of the United States; or
                  ``(B) a Federal prison or any prison institution or 
                facility in which persons are held in custody by 
                direction of or pursuant to a contract or agreement 
                with the Attorney General.

``Sec. 202. Abusive sexual contact

  ``(a) Sexual Contact in Circumstances Where Sexual Acts Are 
Punishable.--Whoever engages in sexual contact with another person--
          ``(1) under circumstances in which, if the sexual contact had 
        been a sexual act, the sexual contact would be punishable under 
        section 201(b)(1), shall be imprisoned not more than 10 years;
          ``(2) under circumstances in which, if the sexual contact had 
        been a sexual act, the sexual contact would be punishable under 
        section 201(b)(2), shall be imprisoned not more than 3 years; 
        and
          ``(3) under circumstances in which, if the sexual contact had 
        been a sexual act, the sexual contact would be punishable under 
        section 201(b)(3), shall be imprisoned not more than 2 years.
  ``(b) Enhanced Penalty Where Contact Is With a Child Under 12 Years 
of Age.--If the sexual contact that violates this section is with an 
individual who has not attained the age of 12 years, the maximum term 
of imprisonment that may be imposed for the offense is twice that 
otherwise provided in this section.

``Sec. 203. Special rules and defenses

  ``(a) Proof of State of Mind as to Age.--In a prosecution under this 
subchapter involving a sexual act or sexual contact with a child, the 
Government need not prove that the defendant knew the age of the child 
or that any age difference required for the offense did not exist.
  ``(b) Defenses.--
          ``(1) Sexual abuse or sexual contact involving a child.--It 
        is a affirmative defense to a prosecution under this subchapter 
        for an offense involving a child where an element of the 
        offense is that the child not be 16 years of age or older that 
        the defendant reasonably believed the child to be 16 years of 
        age or older.
          ``(2) Marriage in certain cases.--It is an affirmative 
        defense to prosecution for an offense under this subchapter 
        involving a sexual act or sexual contact with a ward, that the 
        ward was married to the person engaging in the sexual act or 
        contact at the time of the alleged offense.

``Sec. 204. Sexual abuse resulting in death

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

``Sec. 205. Definitions for subchapter

  ``As used in this subchapter--
          ``(1) the term `sexual act' means--
                  ``(A) contact between the penis and the vulva or the 
                penis and the anus, and for purposes of this 
                subparagraph contact involving the penis occurs upon 
                penetration, however slight;
                  ``(B) contact between the mouth and the penis, the 
                mouth and the vulva, or the mouth and the anus;
                  ``(C) the penetration, however slight, of the anal or 
                genital opening of another by a hand or finger or by 
                any object, with an intent to abuse, humiliate, harass, 
                degrade, or arouse or gratify the sexual desire of any 
                person; or
                  ``(D) the intentional touching, not through the 
                clothing, of the genitalia of another person who has 
                not attained the age of 16 years with an intent to 
                abuse, humiliate, harass, degrade, or arouse or gratify 
                the sexual desire of any person;
          ``(2) the term `sexual contact' means the intentional 
        touching, either directly or through the clothing, of the 
        genitalia, anus, groin, breast, inner thigh, or buttocks of any 
        person with an intent to abuse, humiliate, harass, degrade, or 
        arouse or gratify the sexual desire of any person;
          ``(3) the term `official detention' means--
                  ``(A) detention by a Federal officer or employee, or 
                under the direction of a Federal officer or employee, 
                following arrest for an offense; following surrender in 
                lieu of arrest for an offense; following a charge or 
                conviction of an offense, or an allegation or finding 
                of juvenile delinquency; following commitment as a 
                material witness; following civil commitment in lieu of 
                criminal proceedings or pending resumption of criminal 
                proceedings that are being held in abeyance, or pending 
                extradition, deportation, or exclusion; or
                  ``(B) custody by a Federal officer or employee, or 
                under the direction of a Federal officer or employee, 
                for purposes incident to any detention described in 
                subparagraph (A) of this paragraph, including 
                transportation, medical diagnosis or treatment, court 
                appearance, work, and recreation;
        but does not include supervision or other control (other than 
        custody during specified hours or days) after release on bail, 
        probation, or parole, or after release following a finding of 
        juvenile delinquency.

         ``SUBCHAPTER B--TRANSPORT FOR ILLEGAL SEXUAL ACTIVITY

``Sec.
``211.  Transportation generally.
``212.  Coercion and enticement.
``213.  Transportation of children.
``214.  Use of interstate facilities to transmit information about a 
          child.

``Sec. 211. Transportation generally

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

``Sec. 212. Coercion and enticement

  ``(a) Whoever knowingly persuades, induces, entices, or coerces any 
individual to travel in interstate or foreign commerce, or in any 
territory or possession of the United States, to engage in 
prostitution, or in any sexual activity for which any person can be 
charged with a criminal offense, or attempts to do so, shall be 
imprisoned not more than 20 years.
  ``(b) Whoever, using any facility of interstate or foreign commerce, 
or within the special maritime and territorial jurisdiction of the 
United States, knowingly persuades, induces, entices, or coerces any 
child to engage in prostitution or any sexual activity for which any 
person can be charged with a criminal offense, or attempts to do so, 
shall be imprisoned not less than 5 years and not more than 30 years.

``Sec. 213. Transportation of children

  ``(a) Transportation With Intent To Engage in Criminal Sexual 
Activity.--Whoever transports a child in interstate or foreign 
commerce, or in any territory or possession of the United States, with 
intent that the child engage in prostitution, or in any sexual activity 
for which any person can be charged with a criminal offense, shall be 
imprisoned not less than 5 years and not more than 30 years.
  ``(b) Travel With Intent To Engage in Illicit Sexual Conduct.--
Whoever travels in interstate commerce or travels into the United 
States, or, being a United States citizen or an alien admitted for 
permanent residence in the United States, travels in foreign commerce, 
for the purpose of engaging in any illicit sexual conduct shall be 
imprisoned not more than 30 years.
  ``(c) Engaging in Illicit Sexual Conduct in Foreign Places.--Any 
United States citizen or alien admitted for permanent residence who 
travels in foreign commerce, and engages in any illicit sexual conduct 
shall be imprisoned not more than 30 years.
  ``(d) Ancillary Offenses.--Whoever, for the purpose of commercial 
advantage or private financial gain, arranges, induces, procures, or 
facilitates the travel of a person knowing that such a person is 
traveling in interstate commerce or foreign commerce for the purpose of 
engaging in illicit sexual conduct shall be imprisoned not more than 30 
years.
  ``(e) Definition.--As used in this section, the term `illicit sexual 
conduct' means--
          ``(1) a sexual act (as defined in section 205) with a child 
        that would be in violation of subchapter A if the sexual act 
        occurred in the special maritime and territorial jurisdiction 
        of the United States;
          ``(2) any commercial sex act (as defined in section 1265) 
        with a child; or
          ``(3) the production of child pornography, as defined in 
        section 229.
  ``(f) Defense.--In a prosecution under this section based on illicit 
sexual conduct as defined in subsection (f)(2), it is an affirmative 
defense that the defendant reasonably believed that the person with 
whom the defendant engaged in the commercial sex act had attained the 
age of 18 years.

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

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

            ``SUBCHAPTER C--SEXUAL EXPLOITATION OF CHILDREN

``Sec.
``221.  Sexual exploitation of children.
``222.  Selling or buying of children.
``223.  Certain activities relating to material involving the sexual 
          exploitation of children and child pornography.
``224.  Misleading domain names on the Internet.
``225.  Definitions for subchapter.
``226.  Record keeping requirements.
``227.  Failure to report child abuse.

``Sec. 221. Sexual exploitation of children

  ``(a) Offense.--Whoever, as made applicable in subsection (b)--
          ``(1) either--
                  ``(A) employs, uses, persuades, induces, entices, or 
                coerces any child to engage in, or who has a child 
                assist any other person to engage in, any sexually 
                explicit conduct for the purpose of producing any 
                visual depiction of such conduct or for the purpose of 
                transmitting a live visual dipiction of such conduct; 
                or
                  ``(B) transports any child in interstate or foreign 
                commerce, or in any territory or possession of the 
                United States, with the intent that such child engage 
                in such conduct for such purpose; or
          ``(2) being a parent, legal guardian, or person having 
        custody or control of a child knowingly permits such child to 
        engage in, or to assist any other person to engage in, sexually 
        explicit conduct for the purpose of producing any visual 
        depiction of such conduct or for the purpose of transmitting a 
        live visual depiction of such conduct;
shall be punished as provided under subsection (e).
  ``(b) Applicability.--Subsection (a) applies if--
          ``(1) the person engaging in that conduct knows or has reason 
        to know that such visual depiction will be transported or 
        transmitted in or affecting interstate or foreign commerce;
          ``(2) such visual depiction was produced using materials that 
        have been transported in or affecting interstate or foreign 
        commerce;
          ``(3) such visual depiction has actually been transported or 
        transmitted in or affecting interstate or foreign commerce; or
          ``(4) the conduct constituting the offense occurs in or 
        affects interstate or foreign commerce.
  ``(c) Extraterritorial Jurisdiction.--There is extraterritorial 
jurisdiction over an offense under subsection (a)(1) if the offender--
          ``(1) intends such visual depiction to be transported to the 
        United States; or
          ``(2) transports such visual depiction to the United States.
  ``(d) Advertisements.--(1) Whoever, as made applicable by paragraph 
(2), knowingly makes, prints, or publishes, or causes to be made, 
printed, or published, any notice or advertisement seeking or 
offering--
          ``(A) to receive, exchange, buy, produce, display, 
        distribute, or reproduce, any visual depiction, if the 
        production of such visual depiction involves the use of a child 
        engaging in sexually explicit conduct and such visual depiction 
        is of such conduct; or
          ``(B) participation in any act of sexually explicit conduct 
        by or with any child for the purpose of producing a visual 
        depiction of such conduct;
shall be punished as provided under subsection (e).
  ``(2) Paragraph (1) applies if--
          ``(A) such person knows or has reason to know that such 
        notice or advertisement will be transported in or affecting 
        interstate or foreign commerce; or
          ``(B) such notice or advertisement is transported in or 
        affecting interstate or foreign commerce.
  ``(e) Punishment.--Whoever violates this section shall be imprisoned 
not less than 15 years nor more than 30 years, but if such person has 
one prior conviction under this subchapter, subchapter F of chapter 35, 
or under section 920 of title 10 (article 120 of the Uniform Code of 
Military Justice), or under the laws of any State relating to the 
sexual exploitation of children, such person shall be imprisoned for 
not less than 25 years nor more than 50 years, but if such person has 2 
or more such prior convictions, such person shall be imprisoned not 
less than 35 years nor more than life. Whoever, in the course of an 
offense under this section, engages in conduct that results in the 
death of a person, shall be punished by death or imprisoned for any 
term of years or for life.

``Sec. 222. Selling or buying of children

  ``(a) Transfer of Custody.--Whoever, as made applicable by subsection 
(d) and with a mental state described in subsection (c) having custody 
or control of a child, transfers that custody or control, or offers to 
do so, shall be punished by imprisonment for not less than 30 years or 
for life.
  ``(b) Obtaining Custody.--Whoever, as made applicable by subsection 
(d) and with a mental state described in subsection (c), obtains 
custody or control of a child, or offers to do so, shall be punished by 
imprisonment for not less than 30 years or for life.
  ``(c) Mental State.--The mental state referred to in subsections (a) 
and (b) is--
          ``(1) knowledge that, as a consequence of the transfer of 
        custody, the child will be portrayed in a visual depiction 
        engaging in, or assisting another person to engage in, sexually 
        explicit conduct; or
          ``(2) intent to promote either--
                  ``(A) the engaging in of sexually explicit conduct by 
                such child for the purpose of producing any visual 
                depiction of such conduct; or
                  ``(B) the rendering of assistance by the child to any 
                other person to engage in sexually explicit conduct for 
                the purpose of producing any visual depiction of such 
                conduct.
  ``(d) Federal Nexus.--Conduct described in subsection (a) and (b) is 
an offense if--
          ``(1) in the course of the conduct the child or the person 
        engaging in the conduct travel in interstate or foreign 
        commerce;
          ``(2) any offer described in such subsections was 
        communicated or transported in or affecting interstate or 
        foreign commerce; or
          ``(3) the conduct took place in any territory or possession 
        of the United States.

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

  ``(a) Offense.--Whoever, as made applicable by subsection (b)--
          ``(1) knowingly--
                  ``(A) transports an exploitative visual depiction or 
                child pornography;
                  ``(B) receives, or distributes, any exploitative 
                visual depiction or child pornography; or
                  ``(C) reproduces any exploitative visual depiction or 
                child pornography for distribution;
          ``(2) knowingly--
                  ``(A) sells or possesses with intent to sell any 
                exploitative visual depiction or child pornography; or
                  ``(B) knowingly possesses an exploitative visual 
                depiction or child pornography;
          ``(3) advertises, promotes, presents, distributes, or 
        solicits any material or purported material in a manner that 
        reflects the belief, or that is intended to cause another to 
        believe, that the material or purported material contains an 
        exploitative visual depiction or child pornography;
          ``(4) knowingly produces with intent to distribute, or 
        distributes, by any means, including a computer, child 
        pornography that is an adapted or modified deciction of an 
        identifiable minor;
shall be punished as provided in subsection (c).
  ``(b) Applicability.--Subsection (a) applies if--
          ``(1) the conduct occurs in the special maritime and 
        territorial jurisdiction of the United States, or in the Indian 
        country as defined in section 871 of this title;
          ``(2) the conduct is in or affects interstate or foreign 
        commerce; or
          ``(3) the exploitative visual depiction or child pornography 
        is transported in or affecting interstate or foreign commerce, 
        or was produced using materials which have been so transported.
  ``(c) Punishment.--The punishment for a violation of this section is 
as follows:
          ``(1) Whoever violates paragraph (1) or (2)(A) of subsection 
        (a) shall be imprisoned not less than 5 years and not more than 
        20 years, but if such person has a prior conviction under this 
        chapter, subchapter F of chapter 35, or under section 920 of 
        title 10 (article 120 of the Uniform Code of Military Justice), 
        or under the laws of any State relating to aggravated sexual 
        abuse, sexual abuse, or abusive sexual conduct involving a 
        child or ward, or the production, possession, receipt, mailing, 
        sale, distribution, shipment, or transportation of child 
        pornography, such person shall be imprisoned for not less than 
        15 years nor more than 40 years.
          ``(2) Whoever violates paragraph (2)(B) of subsection (a) 
        shall be imprisoned not more than 10 years, but if such person 
        has a prior conviction under this subchapter, subchapter F of 
        chapter 35, or under section 920 of title 10 (article 120 of 
        the Uniform Code of Military Justice), or under the laws of any 
        State relating to aggravated sexual abuse, sexual abuse, or 
        abusive sexual conduct involving a child or ward, or the 
        production, possession, receipt, mailing, sale, distribution, 
        shipment, or transportation of child pornography, such person 
        shall be imprisoned for not less than 10 years nor more than 20 
        years.
          ``(3) Whoever violates paragraph (4) of subsection (a) shall 
        be imprisoned not more than 15 years.
  ``(d) Affirmative Defense.--It is an affirmative defense to a charge 
of violating paragraph (2)(B) of subsection (a) that the defendant--
          ``(1) possessed less than three matters containing any visual 
        depiction proscribed by that paragraph; and
          ``(2) promptly and in good faith, and without retaining or 
        allowing any person, other than a law enforcement agency, to 
        access any visual depiction or copy thereof--
                  ``(A) took reasonable steps to destroy each such 
                visual depiction; or
                  ``(B) reported the matter to a law enforcement agency 
                and afforded that agency access to each such visual 
                depiction.
  ``(e) Admissibility of Evidence.--On motion of the government, in any 
prosecution under this subchapter or section 1444, except for good 
cause shown, the name, address, social security number, or other 
nonphysical identifying information, other than the age or approximate 
age, of any child who is depicted in any child pornography shall not be 
admissible and may be redacted from any otherwise admissible evidence, 
and the jury shall be instructed, upon request of the United States, 
that it can draw no inference from the absence of such evidence in 
deciding whether the child pornography depicts an actual child.
  ``(f) Exploitative Visual Depiction Defined.--In this section, a 
visual depiction is an exploitative visual depiction if--
          ``(1) the producing of such visual depiction involves the use 
        of a child engaging in sexually explicit conduct; and
          ``(2) such visual depiction is of such conduct.

``Sec. 224. Misleading domain names on the Internet

  ``(a) Obscenity.--Whoever knowingly uses a misleading domain name on 
the Internet with the intent to deceive a person into viewing material 
constituting obscenity shall be imprisoned not more than 2 years.
  ``(b) Material Harmful to Children.--Whoever knowingly uses a 
misleading domain name on the Internet with the intent to deceive a 
child into viewing material that is harmful to Children on the Internet 
shall be imprisoned not more than 4 years.
  ``(c) Definition.--For the purposes of this section--
          ``(1) a domain name that includes a word or words to indicate 
        the sexual content of the site, such as `sex' or `porn', is not 
        misleading;
          ``(2) the term `material that is harmful to children' means 
        any communication, consisting of nudity, sex, or excretion, 
        that, taken as a whole and with reference to its context--
                  ``(A) predominantly appeals to a prurient interest of 
                children;
                  ``(B) is patently offensive to prevailing standards 
                in the adult community as a whole with respect to what 
                is suitable material for children; and
                  ``(C) lacks serious literary, artistic, political, or 
                scientific value for children; and
          ``(3) as used in this subsection, the term `sex' means acts 
        of masturbation, sexual intercourse, or physical contact with a 
        person's genitals, or the condition of human male or female 
        genitals when in a state of sexual stimulation or arousal.

``Sec. 225. Definitions for subchapter

  ``In this subchapter the following definitions apply:
          ``(1)(A) Except as provided in subparagraph (B), the term 
        `sexually explicit conduct' means actual or simulated--
                  ``(i) sexual intercourse, including genital-genital, 
                oral-genital, anal-genital, or oral-anal, whether 
                between persons of the same or opposite sex;
                  ``(ii) bestiality;
                  ``(iii) masturbation;
                  ``(iv) sadistic or masochistic abuse; or
                  ``(v) lascivious exhibition of the genitals or pubic 
                area of any person.
          ``(B) For purposes of paragraph 5(B), the term `sexually 
        explicit conduct' means--
                  ``(i) graphic sexual intercourse, including genital-
                genital, oral-genital, anal-genital, or oral-anal, 
                whether between persons of the same or opposite sex, or 
                lascivious simulated sexual intercourse where the 
                genitals, breast, or pubic area of any person is 
                exhibited;
                  ``(ii) graphic or lascivious simulated--
                          ``(I) bestiality;
                          ``(II) masturbation; or
                          ``(III) sadistic or masochistic abuse; or
                  ``(iii) graphic or simulated lascivious exhibition of 
                the genitals or pubic area of any person.
          ``(2) The term `producing' means producing, directing, 
        manufacturing, issuing, publishing, or advertising.
          ``(3) The term `visual depiction' includes undeveloped film 
        and videotape, data stored on computer disk or by electronic 
        means which is capable of conversion into a visual image, and 
        data which is capable of conversion into a visual image that 
        has been transmitted by any means, whether or not stored in a 
        permanent format.
          ``(4) The term`custody or control' includes temporary 
        supervision over or responsibility for a child whether legally 
        or illegally obtained.
          ``(5) The term `child pornography' means any visual 
        depiction, including any photograph, film, video, picture, or 
        computer or computer-generated image or picture, whether made 
        or produced by electronic, mechanical, or other means, of 
        sexually explicit conduct, where--
                  ``(A) the production of such visual depiction 
                involves the use of a child engaging in sexually 
                explicit conduct;
                  ``(B) such visual depiction is a digital image, 
                computer image, or computer-generated image that is, or 
                is indistinguishable from, that of a child engaging in 
                sexually explicit conduct; or
                  ``(C) such visual depiction has been created, 
                adapted, or modified to appear that an identifiable 
                child is engaging in sexually explicit conduct.
          ``(6) The term `identifiable child'--
                  ``(A) means a person--
                          ``(i)(I) who was a child at the time the 
                        visual depiction was created, adapted, or 
                        modified; or
                          ``(II) whose image as a child was used in 
                        creating, adapting, or modifying the visual 
                        depiction; and
                          ``(ii) who is recognizable as an actual 
                        person by the person's face, likeness, or other 
                        distinguishing characteristic, such as a unique 
                        birthmark or other recognizable feature; and
                  ``(B) shall not be construed to require proof of the 
                actual identity of the identifiable child.
          ``(7) The term `graphic', when used with respect to a 
        depiction of sexually explicit conduct, means that a viewer can 
        observe any part of the genitals or pubic area of any depicted 
        person or animal during any part of the time that the sexually 
        explicit conduct is being depicted.
          ``(8) The term `indistinguishable' used with respect to a 
        depiction, means virtually indistinguishable, in that the 
        depiction is such that an ordinary person viewing the depiction 
        would conclude that the depiction is of an actual child engaged 
        in sexually explicit conduct. This definition does not apply to 
        depictions that are drawings, cartoons, sculptures, or 
        paintings depicting minors or adults.

``Sec. 226. Record keeping requirements

  ``(a) Duty To Keep Records.--Whoever produces any book, magazine, 
periodical, film, videotape, or other matter which--
          ``(1) contains one or more visual depictions made after 
        November 1, 1990 of actual sexually explicit conduct; and
          ``(2) is produced in whole or in part with materials which 
        have been mailed or shipped in interstate or foreign commerce, 
        or is shipped or transported or is intended for shipment or 
        transportation in interstate or foreign commerce;
shall create and maintain individually identifiable records pertaining 
to every performer portrayed in such a visual depiction.
  ``(b) Duty To Ascertain Certain Information.--Any person to whom 
subsection (a) applies shall, with respect to every performer portrayed 
in a visual depiction of actual sexually explicit conduct--
          ``(1) ascertain, by examination of an identification document 
        containing such information, the performer's name and date of 
        birth, and require the performer to provide such other indicia 
        of his or her identity as may be prescribed by regulations;
          ``(2) ascertain any name, other than the performer's present 
        and correct name, ever used by the performer including maiden 
        name, alias, nickname, stage, or professional name; and
          ``(3) record in the records required by subsection (a) the 
        information required by paragraphs (1) and (2) of this 
        subsection and such other identifying information as may be 
        prescribed by regulation.
  ``(c) Where Records Maintained and Availability for Inspection.--Any 
person to whom subsection (a) applies shall maintain the records 
required by this section at his business premises, or at such other 
place as the Attorney General may by regulation prescribe and shall 
make such records available to the Attorney General for inspection at 
all reasonable times.
  ``(d) Exclusion of Evidence.--
          ``(1) No information or evidence obtained from records 
        required to be created or maintained by this section shall, 
        except as provided in this section, directly or indirectly, be 
        used as evidence against any person with respect to any 
        violation of law.
          ``(2) Paragraph (1) of this subsection does not preclude the 
        use of such information or evidence in a prosecution or other 
        action for a violation of this subchapter or subchapter F of 
        chapter 35, or for a violation of any applicable provision of 
        law with respect to the furnishing of false information.
  ``(e) Statement.--
          ``(1) Any person to whom subsection (a) applies shall cause 
        to be affixed to every copy of any matter described in 
        paragraph (1) of subsection (a) of this section, in such manner 
        and in such form as the Attorney General shall by regulations 
        prescribe, a statement describing where the records required by 
        this section with respect to all performers depicted in that 
        copy of the matter may be located.
          ``(2) If the person to whom subsection (a) of this section 
        applies is an organization the statement required by this 
        subsection shall include the name, title, and business address 
        of the individual employed by such organization responsible for 
        maintaining the records required by this section.
  ``(f) Unlawful Acts.--It shall be unlawful--
          ``(1) for any person to whom subsection (a) applies to fail 
        to create or maintain the records as required by subsections 
        (a) and (c) or by any regulation promulgated under this 
        section;
          ``(2) for any person to whom subsection (a) applies knowingly 
        to make any false entry in or knowingly to fail to make an 
        appropriate entry in, any record required by subsection (b) of 
        this section or any regulation promulgated under this section;
          ``(3) for any person to whom subsection (a) applies knowingly 
        to fail to comply with subsection (e) or any regulation 
        promulgated pursuant to that subsection; and
          ``(4) for any person knowingly to sell or otherwise transfer, 
        or offer for sale or transfer, any book, magazine, periodical, 
        film, video, or other matter, produce in whole or in part with 
        materials which have been mailed or shipped in interstate or 
        foreign commerce or which is intended for shipment in 
        interstate or foreign commerce, which--
                  ``(A) contains one or more visual depictions made 
                after the made after November 1, 1990 of actual 
                sexually explicit conduct; and
                  ``(B) is produced in whole or in part with materials 
                which have been mailed or shipped in interstate or 
                foreign commerce, or is shipped or transported or is 
                intended for shipment or transportation in interstate 
                or foreign commerce;
        which does not have affixed thereto, in a manner prescribed as 
        set forth in subsection (e)(1), a statement describing where 
        the records required by this section may be located, but such 
        person shall have no duty to determine the accuracy of the 
        contents of the statement or the records required to be kept.
  ``(g) Regulations.--The Attorney General shall issue appropriate 
regulations to carry out this section.
  ``(h) Definitions.--As used in this section--
          ``(1) the term `actual sexually explicit conduct' means 
        actual but not simulated conduct as defined in subparagraphs 
        (A) through (D) of paragraph (2) of section 229 of this title;
          ``(2) `identification document' has the meaning given that 
        term in section 783;
          ``(3) the term `produces' means to produce, manufacture, or 
        publish any book, magazine, periodical, film, video tape, 
        computer generated image, digital image, or picture, or other 
        similar matter and includes the duplication, reproduction, or 
        reissuing of any such matter, but does not include mere 
        distribution or any other activity which does not involve 
        hiring, contracting for managing, or otherwise arranging for 
        the participation of the performers depicted; and
          ``(4) the term `performer' includes any person portrayed in a 
        visual depiction engaging in, or assisting another person to 
        engage in, actual sexually explicit conduct.
  ``(i) Penalty for Any Violation of This Section.--Whoever violates 
this section shall be imprisoned for not more than 5 years. Whoever 
violates this section after having been convicted of a violation 
punishable under this section shall be imprisoned for any period of 
years not more than 10 years but not less than 2 years.

``Sec. 227. Failure to report child abuse

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

                 ``SUBCHAPTER D--SEX OFFENDER REGISTRY

``Sec.
``241.  Failure to register.

``Sec. 241. Failure to register

  ``(a) In General.--Whoever--
          ``(1) is required to register under the Sex Offender 
        Registration and Notification Act;
          ``(2)(A) is a sex offender as defined for the purposes of the 
        Sex Offender Registration and Notification Act by reason of a 
        conviction under Federal law (including the Uniform Code of 
        Military Justice), the law of the District of Columbia, Indian 
        tribal law, or the law of any territory or possession of the 
        United States; or
          ``(B) travels in interstate or foreign commerce, or enters or 
        leaves, or resides in, Indian country; and
          ``(3) knowingly fails to register or update a registration as 
        required by the Sex Offender Registration and Notification Act;
shall be imprisoned not more than 10 years.
  ``(b) Affirmative Defense.--In a prosecution for a violation under 
subsection (a), it is an affirmative defense that--
          ``(1) uncontrollable circumstances prevented the individual 
        from complying;
          ``(2) the individual did not contribute to the creation of 
        such circumstances in reckless disregard of the requirement to 
        comply; and
          ``(3) the individual complied as soon as such circumstances 
        ceased to exist.
  ``(c) Crime of Violence.--
          ``(1) In general.--An individual described in subsection (a) 
        who commits a crime of violence under Federal law (including 
        the Uniform Code of Military Justice), the law of the District 
        of Columbia, Indian tribal law, or the law of any territory or 
        possession of the United States shall be imprisoned for not 
        less than 5 years and not more than 30 years.
          ``(2) Additional punishment.--The punishment provided in 
        paragraph (1) shall be in addition and consecutive to the 
        punishment provided for the violation described in subsection 
        (a).

           ``SUBCHAPTER E--GENERAL PROVISIONS AND DEFINITIONS

``Sec.
``255.  Repeat offenders.
``256.  Civil remedy for personal injuries.

``Sec. 255. Repeat offenders

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

``Sec. 256. Civil remedy for personal injuries

  ``(a) A child who is a victim of a violation of section 201, 202, 
203, 211, 212, 213, 221, 222, or 223 and who suffers personal injury as 
a result of such violation may sue in any appropriate United States 
District Court and shall recover the actual damages such minor sustains 
and the cost of the suit, including a reasonable attorney's fee. Any 
child as described in the preceding sentence shall be deemed to have 
sustained damages of no less than $50,000 in value.
  ``(b) Any action commenced under this section shall be barred unless 
the complaint is filed within six years after the right of action first 
accrues or in the case of a person under a legal disability, not later 
than three years after the disability.

           ``CHAPTER 15--NATIONAL SECURITY AND RELATED CRIMES

``Subchapter
                                                                    Sec.
``A. Treason, sedition, and subversive activities.................   261

``B. Terrorism....................................................   271

``C. Military and navy............................................   292

``D. Civil disorders and riots....................................   296

``E. Espionage and censorship.....................................   301

``F. Immigration and nationality..................................   311

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

``Sec.
``261.  Treason.
``262.  Misprision of treason.
``263.  Rebellion or insurrection.
``264.  Seditious conspiracy.
``265.  Advocating overthrow of Government.

``Sec. 261. Treason

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

``Sec. 262. Misprision of treason

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

``Sec. 263. Rebellion or insurrection

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

``Sec. 264. Seditious conspiracy

  ``If two or more persons in any State, or in any place subject to the 
jurisdiction of the United States, conspire to overthrow, put down, or 
to destroy by force the Government of the United States, or to levy war 
against them, or to oppose by force the authority thereof, or by force 
to prevent, hinder, or delay the execution of any law of the United 
States, or by force to seize, take, or possess any property of the 
United States contrary to the authority thereof, they shall each be 
imprisoned not more than 20 years.

``Sec. 265. Advocating overthrow of Government

  ``(a) In General.--Whoever--
          ``(1) knowingly advocates, advises, or teaches the duty, 
        necessity, desirability, or propriety of overthrowing or 
        destroying the Government of the United States or the 
        government of any State, or the government of any political 
        subdivision therein, by force or violence, or by the 
        assassination of any officer of any such government;
          ``(2) with intent to cause the overthrow or destruction of 
        any such government, prints, publishes, edits, issues, 
        circulates, sells, distributes, or publicly displays any 
        written or printed matter advocating, advising, or teaching the 
        duty, necessity, desirability, or propriety of overthrowing or 
        destroying any government in the United States by force or 
        violence; or
          ``(3) organizes or helps to organize any society, group, or 
        assembly of persons who teach, advocate, or encourage the 
        overthrow or destruction of any such government by force or 
        violence; or becomes or is a member of, or affiliates with, any 
        such society, group, or assembly of persons, knowing the 
        purposes thereof;
shall be imprisoned not more than 20 years, and shall be ineligible for 
employment by the United States or any department or agency thereof, 
for the five years next following the conviction.
  ``(b) Conspiracy.--If two or more persons conspire to commit any 
offense named in this section, each shall be imprisoned not more than 
20 years and shall be ineligible for employment by the United States or 
any department or agency thereof, for the five years next following the 
conviction.
  ``(c) Definition.--As used in this section, the term `organize', with 
respect to any society, group, or assembly of persons, includes the 
recruiting of new members, the forming of new units, and the regrouping 
or expansion of existing clubs, classes, and other units of such 
society, group, or assembly of persons.

                       ``SUBCHAPTER B--TERRORISM

``Sec.
``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.

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

  ``(a) Offense.--Whoever, without lawful authority, uses, threatens, 
to use, a weapon of mass destruction or an explosive or other lethal 
device--
          ``(1) against any property that is owned, leased, or used by 
        the United States or by any department or agency of the United 
        States, whether the property is within or outside of the United 
        States;
          ``(2) against a national of the United States while such 
        national is outside of the United States;
          ``(3) against any person or property within the United 
        States, if the offense is in, or affects, interstate or foreign 
        commerce; or
          ``(4) against any person or property outside of the United 
        States, if the offender is a national of the United States;
shall be imprisoned for any term of years or for life, and if death 
results, shall be punished by death or imprisoned for any term of years 
or for life.
  ``(b) Definitions.--As used in this section--
          ``(1) the term `weapon of mass destruction' means--
                  ``(A) any destructive device as defined in section 
                581;
                  ``(B) any weapon that is designed or intended to 
                cause death or serious bodily injury through the 
                release, dissemination, or impact of toxic or poisonous 
                chemicals, or their precursors;
                  ``(C) any weapon involving a biological agent, toxin, 
                or vector (as those terms are in defined in section 
                627);
                  ``(D) any weapon that is designed to release 
                radiation or radioactivity at a level dangerous to 
                human life; or
                  ``(E) any lethal device or explosive;
          ``(2) the term `property' includes all real and personal 
        property;
          ``(3) the term `explosive' has the meaning given in section 
        844(j) of this title insofar that it is designed, or has the 
        capability, to cause death, serious bodily injury, or 
        substantial material damage; and
          ``(4) the term `other lethal device' means any weapon or 
        device that is designed or has the capability to cause death, 
        serious bodily injury, or substantial damage to property 
        through the release, dissemination, or impact of toxic 
        chemicals, biological agents, or toxins (as those terms are 
        defined in section 178 of this title) or radiation or 
        radioactive material.

``Sec. 272. Atomic weapons

  ``(a) Offense.--Whoever, except as provided in section 91 of the 
Atomic Energy Act of 1954, in or affecting interstate or foreign 
commerce in the United States or, as made applicable by subsection (b) 
outside the United States, knowingly participates in the development 
of, manufactures, produces, transfers, acquires, receives, possesses, 
imports, exports, or uses, or possesses and threatens to use, any 
atomic weapon. Nothing in this section modifies section 31 a. or 
section 101 of the Atomic Energy Act of 1954.
  ``(b) Federal Nexus To Conduct Outside of the United States.-- 
Conduct outside the United States is prohibited by subsection (a) if--
          ``(1) the offense is committed by a national of the United 
        States; or
          ``(2) the offense is committed against a national of the 
        United States.

``Sec. 273. Acts of terrorism transcending national boundaries

  ``(a) Prohibited Acts.--
          ``(1) Offenses.--Whoever, involving conduct transcending 
        national boundaries and as made applicable by subsection (b)--
                  ``(A) kills, kidnaps, maims, commits an assault 
                resulting in serious bodily injury, or assaults with a 
                dangerous weapon any person within the United States; 
                or
                  ``(B) creates a substantial risk of serious bodily 
                injury to any other person by destroying or damaging 
                any structure, conveyance, or other real or personal 
                property within the United States or by attempting or 
                conspiring to destroy or damage any structure, 
                conveyance, or other real or personal property within 
                the United States;
        in violation of the laws of any State, or the United States, 
        shall be punished as prescribed in subsection (c).
          ``(2) Treatment of threats, attempts, and conspiracies.--
        Whoever threatens to commit an offense under paragraph (1) 
        shall be punished under subsection (c).
  ``(b) Applicability.--
          ``(1) In General.--Subsection (a) applies if--
                  ``(A) the mail or any facility of interstate or 
                foreign commerce is used in furtherance of the offense;
                  ``(B) the offense obstructs, delays, or affects 
                interstate or foreign commerce, or would have so 
                obstructed, delayed, or affected interstate or foreign 
                commerce if the offense had been consummated;
                  ``(C) the victim, or intended victim, is the United 
                States Government, a member of the uniformed services, 
                or any official, officer, employee, or agent of the 
                legislative, executive, or judicial branches, or of any 
                department or agency, of the United States;
                  ``(D) the structure, conveyance, or other real or 
                personal property is, in whole or in part, owned, 
                possessed, or leased to the United States, or any 
                department or agency of the United States;
                  ``(E) the offense is committed in the territorial sea 
                (including the airspace above and the seabed and 
                subsoil below, and artificial islands and fixed 
                structures erected thereon) of the United States; or
                  ``(F) the offense is committed within the special 
                maritime and territorial jurisdiction of the United 
                States.
          ``(2) Co-conspirators and accessories after the fact.--
        Subsection (a) applies with respect to all principals and co-
        conspirators of an offense under this section, and accessories 
        after the fact to any offense under this section, if at least 
        one of the circumstances described in subparagraphs (A) through 
        (F) of paragraph (1) is applicable to at least one offender.
  ``(c) Penalties.--
          ``(1) Generally.--Whoever violates this section shall be 
        punished--
                  ``(A) for a killing, or if death results to any 
                person from any other conduct prohibited by this 
                section, by death, or by imprisonment for any term of 
                years or for life;
                  ``(B) for kidnapping, by imprisonment for any term of 
                years or for life;
                  ``(C) for maiming, by imprisonment for not more than 
                35 years;
                  ``(D) for assault with a dangerous weapon or assault 
                resulting in serious bodily injury, by imprisonment for 
                not more than 30 years;
                  ``(E) for destroying or damaging any structure, 
                conveyance, or other real or personal property, by 
                imprisonment for not more than 25 years;
                  ``(F) for attempting or conspiring to commit an 
                offense, for any term of years up to the maximum 
                punishment that would have applied had the offense been 
                completed; and
                  ``(G) for threatening to commit an offense under this 
                section, by imprisonment for not more than 10 years.
          ``(2) Consecutive sentence.--Notwithstanding any other 
        provision of law, the court shall not place on probation any 
        person convicted of a violation of this section; nor shall the 
        term of imprisonment imposed under this section run 
        concurrently with any other term of imprisonment.
  ``(d) Proof Requirements.--The following shall apply to prosecutions 
under this section:
          ``(1) Knowledge.--The prosecution is not required to prove 
        knowledge by any defendant of a jurisdictional base alleged in 
        the indictment.
          ``(2) State law.--In a prosecution under this section that is 
        based upon the adoption of State law, only the elements of the 
        offense under State law, and not any provisions pertaining to 
        criminal procedure or evidence, are adopted.
  ``(e) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction--
          ``(1) over any offense under subsection (a), including any 
        threat, attempt, or conspiracy to commit such offense; and
          ``(2) over conduct which, under section 3, renders any person 
        an accessory after the fact to an offense under subsection (a).
  ``(f) Investigative Authority.--In addition to any other 
investigative authority with respect to violations of this title, the 
Attorney General shall have primary investigative responsibility for 
all Federal crimes of terrorism, and any violation of section 102, 112, 
614, 955, 1201, or 1205 and the Secretary of the Treasury shall assist 
the Attorney General at the request of the Attorney General. Nothing in 
this section shall be construed to interfere with the authority of the 
United States Secret Service under section 3056.
  ``(g) Requests for Military Assistance.--The Attorney General may 
request the Secretary of Defense to provide assistance under section 
382 of title 10 in support of Department of Justice activities relating 
to the enforcement of section 271 during an emergency situation 
involving a weapon of mass destruction. The authority to make such a 
request may be exercised by another official of the Department of 
Justice in accordance with section 382(f)(2) of title 10.
  ``(h) Definitions.--As used in this section--
          ``(1) the term `conduct transcending national boundaries' 
        means conduct occurring outside of the United States in 
        addition to the conduct occurring in the United States;
          ``(2) the term `territorial sea of the United States' means 
        all waters extending seaward to 12 nautical miles from the 
        baselines of the United States, determined in accordance with 
        international law; and
          ``(3) the term `Federal crime of terrorism' means an offense 
        that--
                  ``(A) is calculated to influence or affect the 
                conduct of government by intimidation or coercion, or 
                to retaliate against government conduct; and
                  ``(B) is a violation of--
                          ``(i) section 1301 (relating to destruction 
                        of aircraft or aircraft facilities), 1305 
                        (relating to violence at international 
                        airports), 571 (relating to arson within 
                        special maritime and territorial jurisdiction), 
                        621 or 623 (relating to biological weapons), 
                        624 (relating to variola virus), 631 (relating 
                        to chemical weapons), 271 (relating weapons of 
                        mass destruction and explosives and other 
                        lethal devices), 612(m) or (n) (relating to 
                        plastic explosives), 614(f)(2) or (3) (relating 
                        to arson and bombing of Government property 
                        risking or causing death), 614(i) (relating to 
                        arson and bombing of property used in 
                        interstate commerce), 593(c) (relating to 
                        killing or attempted killing during an attack 
                        on a Federal facility with a dangerous weapon), 
                        102(5) or (9) (relating to killings abroad), 
                        787(a)(1) (relating to protection of 
                        computers), 787(a)(5)(A)(i) resulting in damage 
                        as defined in 787(a)(5)(B)(ii) through (v) 
                        (relating to protection of computers), 102(2), 
                        (4), or (8) (relating to killing of officers 
                        and employees of the United States foreign 
                        officials, official guests, or internationally 
                        protected persons), 123 (relating to hostage 
                        taking), 1201 (relating to government property 
                        or contracts), 1202 (relating to destruction of 
                        communication lines, stations, or systems), 
                        1203 (relating to injury to buildings or 
                        property within special maritime and 
                        territorial jurisdiction of the United States), 
                        1205(a) (relating to destruction of an energy 
                        facility), 1331 (relating to terrorist attacks 
                        and other acts of violence against mass 
                        transportation systems), 274 (relating to 
                        financial transactions), 275 (relating to 
                        missile systems designed to destroy aircraft), 
                        276 (relating to radiological dispersal 
                        devices), 277 (relating to harboring 
                        terrorists), 278 (relating to providing 
                        material support to terrorists), 279 (relating 
                        to providing material support to terrorist 
                        organizations), 280 (relating to financing of 
                        terrorism, or 1291 (relating to torture) of 
                        this title;
                          ``(ii) section 92 (relating to prohibitions 
                        governing atomic weapons) or 236 (relating to 
                        sabotage of nuclear facilities or fuel) of the 
                        Atomic Energy Act of 1954 (42 U.S.C. 2122 or 
                        2284); or
                          ``(iii) section 46502 (relating to aircraft 
                        piracy), the second sentence of section 46504 
                        (relating to assault on a flight crew with a 
                        dangerous weapon), section 46505(b)(3) or (c) 
                        (relating to explosive or incendiary devices, 
                        or endangerment of human life by means of 
                        weapons, on aircraft), section 46506 if 
                        homicide or attempted homicide is involved 
                        (relating to application of certain criminal 
                        laws to acts on aircraft), or section 60123(b) 
                        (relating to destruction of interstate gas or 
                        hazardous liquid pipeline facility) of title 
                        49.

``Sec. 274. Financial transactions

  ``(a) Offense.--Except as provided in regulations issued by the 
Secretary of the Treasury, in consultation with the Secretary of State, 
whoever, being a United States person, knowing or having reasonable 
cause to know that a country is designated under section 6(j) of the 
Export Administration Act of 1979 (50 U.S.C. App. 2405) as a country 
supporting international terrorism, engages in a financial transaction 
with the government of that country, shall be imprisoned for not more 
than 10 years.
  ``(b) Definitions.--As used in this section--
          ``(1) the term `financial transaction' has the same meaning 
        as in section 1451; and
          ``(2) the term `United States person' means any--
                  ``(A) United States citizen or national;
                  ``(B) permanent resident alien;
                  ``(C) juridical person organized under the laws of 
                the United States; or
                  ``(D) any person in the United States.

``Sec. 275. Missile systems designed to destroy aircraft

  ``(a) Unlawful Conduct.--
          ``(1) In general.--Except as provided in paragraph (3), it 
        shall be unlawful for any person to knowingly produce, 
        construct, otherwise acquire, transfer directly or indirectly, 
        receive, possess, import, export, or use, or possess and 
        threaten to use--
                  ``(A) an explosive or incendiary rocket or missile 
                that is guided by any system designed to enable the 
                rocket or missile to--
                          ``(i) seek or proceed toward energy radiated 
                        or reflected from an aircraft or toward an 
                        image locating an aircraft; or
                          ``(ii) otherwise direct or guide the rocket 
                        or missile to an aircraft;
                  ``(B) any device designed or intended to launch or 
                guide a rocket or missile described in subparagraph 
                (A); or
                  ``(C) any part or combination of parts designed or 
                redesigned for use in assembling or fabricating a 
                rocket, missile, or device described in subparagraph 
                (A) or (B).
          ``(2) Nonweapon.--Paragraph (1)(A) does not apply to any 
        device that is neither designed nor redesigned for use as a 
        weapon.
          ``(3) Excluded conduct.--This subsection does not apply with 
        respect to--
                  ``(A) conduct by or under the authority of the United 
                States or any department or agency thereof or of a 
                State or any department or agency thereof; or
                  ``(B) conduct pursuant to the terms of a contract 
                with the United States or any department or agency 
                thereof or with a State or any department or agency 
                thereof.
  ``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within 
the jurisdiction of the United States if--
          ``(1) the offense occurs in or affects interstate or foreign 
        commerce;
          ``(2) the offense occurs outside of the United States and is 
        committed by a national of the United States;
          ``(3) the offense is committed against a national of the 
        United States while the national is outside the United States;
          ``(4) the offense is committed against any property that is 
        owned, leased, or used by the United States or by any 
        department or agency of the United States, whether the property 
        is within or outside the United States; or
          ``(5) an offender aids or abets any person over whom 
        jurisdiction exists under this subsection in committing an 
        offense under this section or conspires with any person over 
        whom jurisdiction exists under this subsection to commit an 
        offense under this section.
  ``(c) Criminal Penalties.--
          ``(1) In general.--Whoever violates subsection (a) shall be 
        sentenced to a term of imprisonment not less than 25 years or 
        to imprisonment for life.
          ``(2) Other circumstances.--Whoever, in the course of a 
        violation of subsection (a), uses or possesses and threatens to 
        use, any item or items described in subsection (a), shall be 
        imprisoned for not less than 30 years or imprisoned for life.
          ``(3) Special circumstances.--If the death of another results 
        from a person's violation of subsection (a), the person shall 
        be punished by imprisonment for life.
  ``(d) Definition.--As used in this section, the term `aircraft' has 
the definition set forth in section 40102(a)(6) of title 49.

``Sec. 276. Radiological dispersal devices

  ``(a) Unlawful Conduct.--
          ``(1) In general.--Except as provided in paragraph (2), it 
        shall be unlawful for any person to knowingly produce, 
        construct, otherwise acquire, transfer directly or indirectly, 
        receive, possess, import, export, or use, or possess and 
        threaten to use--
                  ``(A) any weapon that is designed or intended to 
                release radiation or radioactivity at a level dangerous 
                to human life; or
                  ``(B) any device or other object that is capable of 
                and designed or intended to endanger human life through 
                the release of radiation or radioactivity.
          ``(2) Exception.--This subsection does not apply with respect 
        to--
                  ``(A) conduct by or under the authority of the United 
                States or any department or agency thereof; or
                  ``(B) conduct pursuant to the terms of a contract 
                with the United States or any department or agency 
                thereof.
  ``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within 
the jurisdiction of the United States if--
          ``(1) the offense occurs in or affects interstate or foreign 
        commerce;
          ``(2) the offense occurs outside of the United States and is 
        committed by a national of the United States;
          ``(3) the offense is committed against a national of the 
        United States while the national is outside the United States;
          ``(4) the offense is committed against any property that is 
        owned, leased, or used by the United States or by any 
        department or agency of the United States, whether the property 
        is within or outside the United States; or
          ``(5) an offender aids or abets any person over whom 
        jurisdiction exists under this subsection in committing an 
        offense under this section or conspires with any person over 
        whom jurisdiction exists under this subsection to commit an 
        offense under this section.
  ``(c) Criminal Penalties.--
          ``(1) In general.--Whoever violates subsection (a) shall be 
        sentenced to a term of imprisonment not less than 25 years or 
        to imprisonment for life.
          ``(2) Other circumstances.--Whoever, in the course of a 
        violation of subsection (a), uses or possesses and threatens to 
        use, any item or items described in subsection (a), shall be 
        imprisoned for not less than 30 years or imprisoned for life.
          ``(3) Special circumstances.--If the death of another results 
        from a person's violation of subsection (a), the person shall 
        be punished by imprisonment for life.

``Sec. 277. Harboring or concealing terrorists

  ``(a) Offense.--Whoever harbors or conceals any person who he knows, 
or has reasonable grounds to believe, has committed, or is about to 
commit, an offense under section 1301 (relating to destruction of 
aircraft or aircraft facilities), section 621 (relating to biological 
weapons), section 631 (relating to chemical weapons), section 601 
(relating to nuclear materials), paragraph (2) or (3) of section 614(f) 
(relating to arson and bombing of government property risking or 
causing injury or death), section 1205(a) (relating to the destruction 
of an energy facility), section 13/404.51 (relating to violence against 
maritime navigation), section 271 (relating to weapons of mass 
destruction), or section 273 (relating to acts of terrorism 
transcending national boundaries) of this title, section 236(a) 
(relating to sabotage of nuclear facilities or fuel) of the Atomic 
Energy Act of 1954 (42 U.S.C. 2284(a)), or section 46502 (relating to 
aircraft piracy) of title 49, shall imprisoned not more than ten years.
  ``(b) Venue.--A violation of this section may be prosecuted in any 
Federal judicial district in which the underlying offense was 
committed, or in any other Federal judicial district as provided by 
law.

``Sec. 278. Providing material support to terrorists

  ``(a) Offense.--Whoever provides material support or resources or 
conceals or disguises the nature, location, source, or ownership of 
material support or resources, knowing or intending that they are to be 
used in preparation for, or in carrying out, a violation of section 
271, 273, 276, 1301, 1306, 571, 621, 631, 102, 112, 121(m) or (n), 601, 
1201, 1202, 1203, 1205, 1331, 1651, 1291, 278, or 279 of this title, 
section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284) section 
46502 or 60123(b) of title 49, or any offense listed in section 
273(g)(5)(B) (except for sections 278 and 279) or in preparation for, 
or in carrying out, the concealment of an escape from the commission of 
any such violation shall be imprisoned not more than 15 years. A 
violation of this section may be prosecuted in any Federal judicial 
district in which the underlying offense was committed, or in any other 
Federal judicial district as provided by law, and, if the death of any 
person results, shall be imprisoned for any term of years or for life.
  ``(b) Definitions.--As used in this section--
          ``(1) the term `material support or resources' means any 
        property, tangible or intangible, or service, including 
        currency or monetary instruments or financial securities, 
        financial services, lodging, training, expert advice or 
        assistance, safehouses, false documentation or identification, 
        communications equipment, facilities, weapons, lethal 
        substances, explosives, personnel (1 or more individuals who 
        may be or include oneself), and transportation, except medicine 
        or religious materials;
          ``(2) the term `training' means instruction or teaching 
        designed to impart a specific skill, as opposed to general 
        knowledge; and
          ``(3) the term `expert advice or assistance' means advice or 
        assistance derived from scientific, technical or other 
        specialized knowledge.

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

  ``(a) Prohibited Activities.--
          ``(1) Unlawful conduct.--Whoever as made applicable by 
        subsection (d) knowingly provides material support or resources 
        to a foreign terrorist organization shall be imprisoned not 
        more than 15 years, or both, and if the death of any person 
        results, shall be imprisoned for any term of years or for life. 
        To violate this paragraph, a person must have knowledge that 
        the organization is a designated terrorist organization (as 
        defined in subsection (g)(6)), that the organization has 
        engaged or engages in terrorist activity (as defined in section 
        212(a)(3)(B) of the Immigration and Nationality Act), or that 
        the organization has engaged or engages in terrorism (as 
        defined in section 140(d)(2) of the Foreign Relations 
        Authorization Act, Fiscal Years 1988 and 1989).
          ``(2) Financial institutions.--Except as authorized by the 
        Secretary, any financial institution that becomes aware that it 
        has possession of, or control over, any funds in which a 
        foreign terrorist organization, or its agent, has an interest, 
        shall--
                  ``(A) retain possession of, or maintain control over, 
                such funds; and
                  ``(B) report to the Secretary the existence of such 
                funds in accordance with regulations issued by the 
                Secretary.
  ``(b) Civil Penalty.--Any financial institution that knowingly fails 
to comply with subsection (a)(2) shall be subject to a civil penalty in 
an amount that is the greater of--
          ``(A) $50,000 per violation; or
          ``(B) twice the amount of which the financial institution was 
        required under subsection (a)(2) to retain possession or 
        control.
  ``(c) Injunction.--Whenever it appears to the Secretary or the 
Attorney General that any person is engaged in, or is about to engage 
in, any act that constitutes, or would constitute, a violation of this 
section, the Attorney General may initiate civil action in a district 
court of the United States to enjoin such violation.
  ``(d) Federal Nexus.--Subsection (a) applies if--
          ``(1) an offender is a national of the United States or an 
        alien lawfully admitted for permanent residence in the United 
        States (as defined in section 101(a)(20) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(20)));
          ``(2) an offender is a stateless person whose habitual 
        residence is in the United States;
          ``(3) after the conduct required for the offense occurs, an 
        offender is brought into or found in the United States, even if 
        the conduct required for the offense occurs outside the United 
        States;
          ``(4) the offense occurs in whole or in part within the 
        United States;
          ``(5) the offense occurs in or affects interstate or foreign 
        commerce; or
          ``(6) an offender aids or abets any person over whom 
        jurisdiction exists under this paragraph in committing an 
        offense under subsection (a) or conspires with any person over 
        whom jurisdiction exists under this paragraph to commit an 
        offense under subsection (a).
  ``(e) Investigations.--
          ``(1) In general.--The Attorney General shall conduct any 
        investigation of a possible violation of this section, or of 
        any license, order, or regulation issued pursuant to this 
        section.
          ``(2) Coordination with the department of the treasury.--The 
        Attorney General shall work in coordination with the Secretary 
        in investigations relating to--
                  ``(A) the compliance or noncompliance by a financial 
                institution with the requirements of subsection (a)(2); 
                and
                  ``(B) civil penalty proceedings authorized under 
                subsection (b).
          ``(3) Referral.--Any evidence of a criminal violation of this 
        section arising in the course of an investigation by the 
        Secretary or any other Federal agency shall be referred 
        immediately to the Attorney General for further investigation. 
        The Attorney General shall timely notify the Secretary of any 
        action taken on referrals from the Secretary, and may refer 
        investigations to the Secretary for remedial licensing or civil 
        penalty action.
  ``(f) Classified Information in Civil Proceedings Brought by the 
United States.--
          ``(1) Discovery of classified information by defendants.--
                  ``(A) Request by United States.--In any civil 
                proceeding under this section, upon request made ex 
                parte and in writing by the United States, a court, 
                upon a sufficient showing, may authorize the United 
                States to--
                          ``(i) redact specified items of classified 
                        information from documents to be introduced 
                        into evidence or made available to the 
                        defendant through discovery under the Federal 
                        Rules of Civil Procedure;
                          ``(ii) substitute a summary of the 
                        information for such classified documents; or
                          ``(iii) substitute a statement admitting 
                        relevant facts that the classified information 
                        would tend to prove.
                  ``(B) Order granting request.--If the court enters an 
                order granting a request under this paragraph, the 
                entire text of the documents to which the request 
                relates shall be sealed and preserved in the records of 
                thecourt to be made available to the appellate court in 
                the event of an appeal.
                  ``(C) Denial of request.--If the court enters an 
                order denying a request of the United States under this 
                paragraph, the United States may take an immediate, 
                interlocutory appeal in accordance with paragraph (5). 
                For purposes of such an appeal, the entire text of the 
                documents to which the request relates, together with 
                any transcripts of arguments made ex parte to the court 
                in connection therewith, shall be maintained under seal 
                and delivered to the appellate court.
          ``(2) Introduction of classified information; precautions by 
        court.--
                  ``(A) Exhibits.--To prevent unnecessary or 
                inadvertent disclosure of classified information in a 
                civil proceeding brought by the United States under 
                this section, the United States may petition the court 
                ex parte to admit, in lieu of classified writings, 
                recordings, or photographs, one or more of the 
                following:
                          ``(i) Copies of items from which classified 
                        information has been redacted.
                          ``(ii) Stipulations admitting relevant facts 
                        that specific classified information would tend 
                        to prove.
                          ``(iii) A declassified summary of the 
                        specific classified information.
                  ``(B) Determination by court.--The court shall grant 
                a request under this paragraph if the court finds that 
                the redacted item, stipulation, or summary is 
                sufficient to allow the defendant to prepare a defense.
          ``(3) Taking of trial testimony.--
                  ``(A) Objection.--During the examination of a witness 
                in any civil proceeding brought by the United States 
                under this subsection, the United States may object to 
                any question or line of inquiry that may require the 
                witness to disclose classified information not 
                previously found to be admissible.
                  ``(B) Action by court.--In determining whether a 
                response is admissible, the court shall take 
                precautions to guard against the compromise of any 
                classified information, including--
                          ``(i) permitting the United States to provide 
                        the court, ex parte, with a proffer of the 
                        witness's response to the question or line of 
                        inquiry; and
                          ``(ii) requiring the defendant to provide the 
                        court with a proffer of the nature of the 
                        information that the defendant seeks to elicit.
                  ``(C) Obligation of defendant.--In any civil 
                proceeding under this section, it shall be the 
                defendant's obligation to establish the relevance and 
                materiality of any classified information sought to be 
                introduced.
          ``(4) Appeal.--If the court enters an order denying a request 
        of the United States under this subsection, the United States 
        may take an immediate interlocutory appeal in accordance with 
        paragraph (5).
          ``(5) Interlocutory appeal.--
                  ``(A) Subject of appeal.--An interlocutory appeal by 
                the United States shall lie to a court of appeals from 
                a decision or order of a district court--
                          ``(i) authorizing the disclosure of 
                        classified information;
                          ``(ii) imposing sanctions for nondisclosure 
                        of classified information; or
                          ``(iii) refusing a protective order sought by 
                        the United States to prevent the disclosure of 
                        classified information.
                  ``(B) Expedited consideration.--
                          ``(i) In general.--An appeal taken pursuant 
                        to this paragraph, either before or during 
                        trial, shall be expedited by the court of 
                        appeals.
                          ``(ii) Appeals prior to trial.--If an appeal 
                        is of an order made prior to trial, an appeal 
                        shall be taken not later than 10 days after the 
                        decision or order appealed from, and the trial 
                        shall not commence until the appeal is 
                        resolved.
                          ``(iii) Appeals during trial.--If an appeal 
                        is taken during trial, the trial court shall 
                        adjourn the trial until the appeal is resolved, 
                        and the court of appeals--
                                  ``(I) shall hear argument on such 
                                appeal not later than 4 days after the 
                                adjournment of the trial;
                                  ``(II) may dispense with written 
                                briefs other than the supporting 
                                materials previously submitted to the 
                                trial court;
                                  ``(III) shall render its decision not 
                                later than 4 days after argument on 
                                appeal; and
                                  ``(IV) may dispense with the issuance 
                                of a written opinion in rendering its 
                                decision.
                  ``(C) Effect of ruling.--An interlocutory appeal and 
                decision shall not affect the right of the defendant, 
                in a subsequent appeal from a final judgment, to claim 
                as error reversal by the trial court on remand of a 
                ruling appealed from during trial.
          ``(6) Construction.--Nothing in this subsection shall prevent 
        the United States from seeking protective orders or asserting 
        privileges ordinarily available to the United States to protect 
        against the disclosure of classified information, including the 
        invocation of the military and State secrets privilege.
  ``(g) Definitions.--As used in this section--
          ``(1) the term `classified information' has the meaning given 
        that term in section 1(a) of the Classified Information 
        Procedures Act (18 U.S.C. App.);
          ``(2) the term `funds' includes coin or currency of the 
        United States or any other country, traveler's checks, personal 
        checks, bank checks, money orders, stocks, bonds, debentures, 
        drafts, letters of credit, any other negotiable instrument, and 
        any electronic representation of any of the foregoing;
          ``(3) the term `material support or resources' has the same 
        meaning given that term in section 2339A (including the 
        definitions of `training' and `expert advice or assistance' in 
        that section);
          ``(4) the term `Secretary' means the Secretary of the 
        Treasury; and
          ``(6) the term `terrorist organization' means an organization 
        designated as a terrorist organization under section 219 of the 
        Immigration and Nationality Act.
  ``(h) Provision of Personnel.--No person may be prosecuted under this 
section in connection with the term `personnel' unless that person has 
knowingly provided a foreign terrorist organization with 1 or more 
individuals (who may be or include himself) to work under that 
terrorist organization's direction or control or to organize, manage, 
supervise, or otherwise direct the operation of that organization. 
Individuals who act entirely independently of the foreign terrorist 
organization to advance its goals or objectives shall not be considered 
to be working under the foreign terrorist organization's direction and 
control.
  ``(i) Rule of Construction.--Nothing in this section shall be 
construed or applied so as to abridge the exercise of rights guaranteed 
under the First Amendment to the Constitution of the United States.
  ``(j) Exception.--No person may be prosecuted under this section in 
connection with the term `personnel', `training', or `expert advice or 
assistance' if the provision of that material support or resources to a 
foreign terrorist organization was approved by the Secretary of State 
with the concurrence of the Attorney General. The Secretary of State 
may not approve the provision of any material support that may be used 
to carry out terrorist activity (as defined in section 
212(a)(3)(B)(iii) of the Immigration and Nationality Act).

``Sec. 280. Prohibitions against the financing of terrorism

  ``(a) Offenses.--
          ``(1) In general.--Whoever, in a circumstance described in 
        subsection (b), by any means, directly or indirectly, 
        unlawfully and knowingly provides or collects funds with the 
        intention that such funds be used, or with the knowledge that 
        such funds are to be used, in full or in part, in order to 
        carry out--
                  ``(A) an act which constitutes an offense within the 
                scope of a treaty specified in subsection (e)(7), as 
                implemented by the United States, or
                  ``(B) any other act intended to cause death or 
                serious bodily injury to a civilian, or to any other 
                person not taking an active part in the hostilities in 
                a situation of armed conflict, when the purpose of such 
                act, by its nature or context, is to intimidate a 
                population, or to compel a government or an 
                international organization to do or to abstain from 
                doing any act,
        shall be punished as prescribed in subsection (d)(1).
          ``(2) Relationship to predicate act.--For an act to 
        constitute an offense set forth in this subsection, it shall 
        not be necessary that the funds were actually used to carry out 
        a predicate act.
  ``(b) Jurisdiction.--There is jurisdiction over the offenses in 
subsection (a) in the following circumstances--
          ``(1) the offense takes place in the United States and--
                  ``(A) a perpetrator was a national of another state 
                or a stateless person;
                  ``(B) on board a vessel flying the flag of another 
                state or an aircraft which is registered under the laws 
                of another state at the time the offense is committed;
                  ``(C) on board an aircraft which is operated by the 
                government of another state;
                  ``(D) a perpetrator is found outside the United 
                States;
                  ``(E) was directed toward or resulted in the carrying 
                out of a predicate act against--
                          ``(i) a national of another state; or
                          ``(ii) another state or a government facility 
                        of such state, including its embassy or other 
                        diplomatic or consular premises of that state;
                  ``(F) was directed toward or resulted in the carrying 
                out of a predicate act committed in an attempt to 
                compel another state or international organization to 
                do or abstain from doing any act; or
                  ``(G) was directed toward or resulted in the carrying 
                out of a predicate act--
                          ``(i) outside the United States; or
                          ``(ii) within the United States, and either 
                        the offense or the predicate act was conducted 
                        in, or the results thereof affected, interstate 
                        or foreign commerce;
          ``(2) the offense takes place outside the United States and--
                  ``(A) a perpetrator is a national of the United 
                States or is a stateless person whose habitual 
                residence is in the United States;
                  ``(B) a perpetrator is found in the United States; or
                  ``(C) was directed toward or resulted in the carrying 
                out of a predicate act against--
                          ``(i) any property that is owned, leased, or 
                        used by the United States or by any department 
                        or agency of the United States, including an 
                        embassy or other diplomatic or consular 
                        premises of the United States;
                          ``(ii) any person or property within the 
                        United States;
                          ``(iii) any national of the United States or 
                        the property of such national; or
                          ``(iv) any property of any legal entity 
                        organized under the laws of the United States, 
                        including any of its States, districts, 
                        commonwealths, territories, or possessions;
          ``(3) the offense is committed on board a vessel flying the 
        flag of the United States or an aircraft which is registered 
        under the laws of the United States at the time the offense is 
        committed;
          ``(4) the offense is committed on board an aircraft which is 
        operated by the United States; or
          ``(5) the offense was directed toward or resulted in the 
        carrying out of a predicate act committed in an attempt to 
        compel the United States to do or abstain from doing any act.
  ``(c) Concealment.--Whoever--
          ``(1)(A) is in the United States; or
          ``(B) is outside the United States and is a national of the 
        United States or a legal entity organized under the laws of the 
        United States (including any of its States, districts, 
        commonwealths, territories, or possessions); and
          ``(2) knowingly conceals or disguises the nature, location, 
        source, ownership, or control of any material support or 
        resources, or any funds or proceeds of such funds--
                  ``(A) knowing or intending that the support or 
                resources are to be provided, or knowing that the 
                support or resources were provided, in violation of 
                section 2339B of this title; or
                  ``(B) knowing or intending that any such funds are to 
                be provided or collected, or knowing that the funds 
                were provided or collected, in violation of subsection 
                (a),
shall be punished as prescribed in subsection (d)(2).
  ``(d) Penalties.--
          ``(1) Subsection (a).--Whoever violates subsection (a) shall 
        be imprisoned for not more than 20 years.
          ``(2) Subsection (c).--Whoever violates subsection (c) shall 
        be imprisoned for not more than 10 years.
  ``(e) Definitions.--In this section--
          ``(1) the term `funds' means assets of every kind, whether 
        tangible or intangible, movable or immovable, however acquired, 
        and legal documents or instruments in any form, including 
        electronic or digital, evidencing title to, or interest in, 
        such assets, including coin, currency, bank credits, travelers 
        checks, bank checks, money orders, shares, securities, bonds, 
        drafts, and letters of credit;
          ``(2) the term `government facility' means any permanent or 
        temporary facility or conveyance that is used or occupied by 
        representatives of a state, members of a government, the 
        legislature, or the judiciary, or by officials or employees of 
        a state or any other public authority or entity or by employees 
        or officials of an intergovernmental organization in connection 
        with their official duties;
          ``(3) the term `proceeds' means any funds derived from or 
        obtained, directly or indirectly, through the commission of an 
        offense set forth in subsection (a);
          ``(4) the term `provides' includes giving, donating, and 
        transmitting;
          ``(5) the term `collects' includes raising and receiving;
          ``(6) the term `predicate act' means any act referred to in 
        subparagraph (A) or (B) of subsection (a)(1);
          ``(7) the term `treaty' means--
                  ``(A) the Convention for the Suppression of Unlawful 
                Seizure of Aircraft, done at The Hague on December 16, 
                1970;
                  ``(B) the Convention for the Suppression of Unlawful 
                Acts against the Safety of Civil Aviation, done at 
                Montreal on September 23, 1971;
                  ``(C) the Convention on the Prevention and Punishment 
                of Crimes against Internationally Protected Persons, 
                including Diplomatic Agents, adopted by the General 
                Assembly of the United Nations on December 14, 1973;
                  ``(D) the International Convention against the Taking 
                of Hostages, adopted by the General Assembly of the 
                United Nations on December 17, 1979;
                  ``(E) the Convention on the Physical Protection of 
                Nuclear Material, adopted at Vienna on March 3, 1980;
                  ``(F) the Protocol for the Suppression of Unlawful 
                Acts of Violence at Airports Serving International 
                Civil Aviation, supplementary to the Convention for the 
                Suppression of Unlawful Acts against the Safety of 
                Civil Aviation, done at Montreal on February 24, 1988;
                  ``(G) the Convention for the Suppression of Unlawful 
                Acts against the Safety of Maritime Navigation, done at 
                Rome on March 10, 1988;
                  ``(H) the Protocol for the Suppression of Unlawful 
                Acts against the Safety of Fixed Platforms located on 
                the Continental Shelf, done at Rome on March 10, 1988; 
                or
                  ``(I) the International Convention for the 
                Suppression of Terrorist Bombings, adopted by the 
                General Assembly of the United Nations on December 15, 
                1997;
          ``(8) the term `intergovernmental organization' includes 
        international organizations;
          ``(9) the term `international organization' has the same 
        meaning as in section 136;
          ``(10) the term `armed conflict' does not include internal 
        disturbances and tensions, such as riots, isolated and sporadic 
        acts of violence, and other acts of a similar nature;
          ``(11) the term `material support or resources' has the same 
        meaning given that term in section 2339B(g)(4) of this title; 
        and
          ``(12) the term `state' has the same meaning as that term has 
        under international law, and includes all political 
        subdivisions thereof.
  ``(f) Civil Penalty.--In addition to any other criminal, civil, or 
administrative liability or penalty, any legal entity located within 
the United States or organized under the laws of the United States, 
including any of the laws of its States, districts, commonwealths, 
territories, or possessions, shall be liable to the United States for 
the sum of at least $10,000, if a person responsible for the management 
or control of that legal entity has, in that capacity, committed an 
offense set forth in subsection (a).

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

  ``(a) Offense.--Whoever, if a circumstance exists that is described 
in section 279(d), knowingly receives military-type training from or on 
behalf of any organization designated at the time of the training by 
the Secretary of State under section 219(a)(1) of the Immigration and 
Nationality Act as a foreign terrorist organization shall be imprisoned 
for ten years. To violate this subsection, a person must have knowledge 
that the organization is a designated terrorist organization (as 
defined in subsection (c)(4)), that the organization has engaged or 
engages in terrorist activity (as defined in section 212 of the 
Immigration and Nationality Act), or that the organization has engaged 
or engages in terrorism (as defined in section 140(d)(2) of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989).
  ``(b) Definitions.--As used in this section--
          ``(1) the term `military-type training' includes training in 
        means or methods that can cause death or serious bodily injury, 
        destroy or damage property, or disrupt services to critical 
        infrastructure, or training on the use, storage, production, or 
        assembly of any explosive, firearm or other weapon, including 
        any weapon of mass destruction (as defined in section 
        2232a(c)(2));
          ``(2) the term `critical infrastructure' means systems and 
        assets vital to national defense, national security, economic 
        security, public health or safety including both regional and 
        national infrastructure. Critical infrastructure may be 
        publicly or privately owned; examples of critical 
        infrastructure include gas and oil production, storage, or 
        delivery systems, water supply systems, telecommunications 
        networks, electrical power generation or delivery systems, 
        financing and banking systems, emergency services (including 
        medical, police, fire, and rescue services), and transportation 
        systems and services (including highways, mass transit, 
        airlines, and airports); and
          ``(3) the term `foreign terrorist organization' means an 
        organization designated as a terrorist organization under 
        section 219(a)(1) of the Immigration and Nationality Act.

``Sec. 282. Civil remedies

  ``(a) Action and Jurisdiction.--Any national of the United States who 
suffers any loss by reason of an act of international terrorism, or the 
estate, survivors, or heirs of that national, may in a civil action in 
any appropriate district court of the United States recover threefold 
the damages sustained and the cost of the suit, including attorney's 
fees.
  ``(b) Estoppel Under United States Law.--A final judgment or decree 
rendered in favor of the United States in any criminal proceeding under 
section 102, 111, 112, 121, or 123 of this title or section 46314, 
46502, 46505, or 46506 of title 49 shall estop the defendant from 
denying the essential allegations of the criminal offense in any 
subsequent civil proceeding under this section.
  ``(c) Estoppel Under Foreign Law.--A final judgment or decree 
rendered in favor of any foreign state in any criminal proceeding 
shall, to the extent that such judgment or decree may be accorded full 
faith and credit under the law of the United States, estop the 
defendant from denying the essential allegations of the criminal 
offense in any subsequent civil proceeding under this section.
  ``(d) General Venue.--A civil action under this section may be 
instituted the United States district court for any district where any 
plaintiff resides or where any defendant resides or is served, or has 
an agent. Process in such a civil action may be served in any district 
where the defendant resides, is found, or has an agent.
  ``(e) Special Maritime or Territorial Jurisdiction.--If the actions 
giving rise to the claim occurred within the special maritime and 
territorial jurisdiction of the United States, then a civil action 
under this section may be instituted in the United States district 
court for any district in which any plaintiff resides or the defendant 
resides, is served, or has an agent.
  ``(f) Service on Witnesses.--A witness in a civil action brought 
under this section may be served in any other district where the 
defendant resides, is found, or has an agent.
  ``(g) Convenience of the Forum.--The district court shall not dismiss 
any action brought under this section on the grounds of the 
inconvenience or inappropriateness of the forum chosen, unless--
          ``(1) the action may be maintained in a foreign court that 
        has jurisdiction over the subject matter and over all the 
        defendants;
          ``(2) that foreign court is significantly more convenient and 
        appropriate; and
          ``(3) that foreign court offers a remedy which is 
        substantially the same as the one available in the courts of 
        the United States.
  ``(h) Statute of Limitations.--
          ``(1) Subject to subsection (b), a civil action under this 
        section shall not be maintained unless commenced within 4 years 
        after the date the cause of action accrued.
          ``(2) The time of the absence of the defendant from the 
        United States or from any jurisdiction in which the same or a 
        similar action arising from the same facts may be maintained by 
        the plaintiff, or of any concealment of the defendant's 
        whereabouts, shall not be included in the 4-year period set 
        forth in paragraph (1).
  ``(i) Acts of War.--No action shall be maintained under this section 
of this title for injury or loss by reason of an act of war.
  ``(j) Limitation on Discovery.--If a party to an action under this 
section seeks to discover the investigative files of the Department of 
Justice, the Assistant Attorney General, Deputy Attorney General, or 
Attorney General may object on the ground that compliance will 
interfere with a criminal investigation or prosecution of the incident, 
or a national security operation related to the incident, which is the 
subject of the civil litigation. The court shall evaluate any such 
objections in camera and shall stay the discovery if the court finds 
that granting the discovery request will substantially interfere with a 
criminal investigation or prosecution of the incident or a national 
security operation related to the incident. The court shall consider 
the likelihood of criminal prosecution by the Government and other 
factors it deems to be appropriate. A stay of discovery under this 
subsection shall constitute a bar to the granting of a motion to 
dismiss under rules 12(b)(6) and 56 of the Federal Rules of Civil 
Procedure. If the court grants a stay of discovery under this 
subsection, it may stay the action in the interests of justice.
  ``(k) Stay of Action for Civil Remedies.--
          ``(1) The Attorney General may intervene in any civil action 
        brought under this section for the purpose of seeking a stay of 
        the civil action. A stay shall be granted if the court finds 
        that the continuation of the civil action will substantially 
        interfere with a criminal prosecution which involves the same 
        subject matter and in which an indictment has been returned, or 
        interfere with national security operations related to the 
        terrorist incident that is the subject of the civil action. A 
        stay may be granted for up to 6 months. The Attorney General 
        may petition the court for an extension of the stay for 
        additional 6-month periods until the criminal prosecution is 
        completed or dismissed.
          ``(2) In a proceeding under this subsection, the Attorney 
        General may request that any order issued by the court for 
        release to the parties and the public omit any reference to the 
        basis on which the stay was sought.
  ``(l) Suits Against Governments.--No action shall be maintained under 
this section against--
          ``(1) the United States, an agency of the United States, or 
        an officer or employee of the United States or any agency 
        thereof acting within his or her official capacity or under 
        color of legal authority; or
          ``(2) a foreign state, an agency of a foreign state, or an 
        officer or employee of a foreign state or an agency thereof 
        acting within his or her official capacity or under color of 
        legal authority.
  ``(m) Exclusive Jurisdiction.--The district courts of the United 
States shall have exclusive original jurisdiction over an action 
brought under this section.

``Sec. 283. Definitions for subchapter

  ``As used in this subchapter--
          ``(1) the term `international terrorism' means activities 
        that--
                  ``(A) involve violent acts or acts dangerous to human 
                life that are a violation of the criminal laws of the 
                United States or of any State, or that would be a 
                criminal violation if committed within the jurisdiction 
                of the United States or of any State;
                  ``(B) appear to be intended--
                          ``(i) to intimidate or coerce a civilian 
                        population;
                          ``(ii) to influence the policy of a 
                        government by intimidation or coercion; or
                          ``(iii) to affect the conduct of a government 
                        by mass destruction, assassination, or 
                        kidnapping; and
                  ``(C) occur primarily outside the territorial 
                jurisdiction of the United States, or transcend 
                national boundaries in terms of the means by which they 
                are accomplished, the persons they appear intended to 
                intimidate or coerce, or the locale in which their 
                perpetrators operate or seek asylum;
          ``(3) the term `person' means any individual or entity 
        capable of holding a legal or beneficial interest in property;
          ``(4) the term `act of war' means any act occurring in the 
        course of--
                  ``(A) declared war;
                  ``(B) armed conflict, whether or not war has been 
                declared, between two or more nations; or
                  ``(C) armed conflict between military forces of any 
                origin; and
          ``(5) the term `domestic terrorism' means activities that--
                  ``(A) involve acts dangerous to human life that are a 
                violation of the criminal laws of the United States or 
                of any State;
                  ``(B) appear to be intended--
                          ``(i) to intimidate or coerce a civilian 
                        population;
                          ``(ii) to influence the policy of a 
                        government by intimidation or coercion; or
                          ``(iii) to affect the conduct of a government 
                        by mass destruction, assassination, or 
                        kidnapping; and
                  ``(C) occur primarily within the territorial 
                jurisdiction of the United States.

                   ``SUBCHAPTER C--MILITARY AND NAVY

``Sec.
``291.  Entering military, naval, or Coast Guard property.
``292.  Use of Army and Air Force as posse comitatus.
``293.  Prohibition on 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.

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

  ``Whoever--
          ``(1) within the jurisdiction of the United States, goes upon 
        any military, naval, or Coast Guard reservation, post, fort, 
        arsenal, yard, station, or installation, for any purpose 
        prohibited by law or lawful regulation; or
          ``(2) reenters or is found within any such reservation, post, 
        fort, arsenal, yard, station, or installation, after having 
        been removed therefrom or ordered not to reenter by any officer 
        or person in command or charge thereof;
shall be or imprisoned not more than six months.

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

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

``Sec. 293. Disruptions of funerals of members or former members of the 
                    Armed Forces

  ``(a) Offense.--Whoever engages in disruptive activity at a covered 
funeral of a member or former member of the Armed services shall be 
imprisoned not more than one year.
  ``(b) Definitions.--As used in this section--
          ``(1) the term `disruptive activity' means--
                  ``(A) during the period beginning 60 minutes before 
                and ending 60 minutes after such funeral, knowingly 
                making noise or a diversion with intent to disturb the 
                peace and good order of the funeral that--
                          ``(i) is not part of the funeral; and
                          ``(ii) takes place within the boundaries of 
                        the location of such funeral or takes place 
                        within 150 feet of the point of the 
                        intersection between the boundary of the 
                        location of such funeral and a road, pathway, 
                        or other route of ingress to or egress from the 
                        location of such funeral; or
                  ``(B)intentionally and without authorization, within 
                300 feet of the boundary of the location of such 
                funeral, impeding access to or egress from the location 
                of the funeral;
          ``(2) the term `covered funeral' means a ceremony or memorial 
        service held in connection with the burial or cremation of a 
        member or former member of the Armed Forces, which is not 
        located at a cemetery under the control of the National 
        Cemetery Administration or part of Arlington National Cemetery;
          ``(3) the term `Armed Forces' has the meaning given the term 
        in section 101 of title 10;
          ``(4) The term `boundary of the location', with respect to 
        the place a covered funeral is held, means--
                  ``(A) the property line of the place, if the place is 
                cemetery, mortuary, or house of worship; and
                  ``(B) the reasonable property line of any other 
                location.

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

  ``Whoever violates section 2413 of title 38 shall be imprisoned for 
not more than one year.

               ``SUBCHAPTER D--CIVIL DISORDERS AND RIOTS

``Sec.
``296.  Civil disorders.

``Sec. 296. Civil disorders

  ``(a) Offense.--Whoever--
          ``(1) teaches or demonstrates to any other person the use, 
        application, or making of any firearm or explosive or 
        incendiary device, or technique capable of causing injury or 
        death to persons, knowing or having reason to know or intending 
        that the same will be unlawfully employed for use in, or in 
        furtherance of, a civil disorder which is in or affects 
        interstate or foreign commerce or the performance of any 
        federally protected function;
  ``(2) transports or manufactures for transportation in or affecting 
interstate or foreign commerce any firearm or explosive or incendiary 
device, knowing or having reason to know or intending that the same 
will be used unlawfully in furtherance of a civil disorder; or
  ``(3) commits or attempts to commit any act to obstruct, impede, or 
interfere with any fireman or law enforcement officer lawfully engaged 
in the lawful performance of official duties incident to and during the 
commission of a civil disorder which is in or affects commerce or the 
conduct or performance of any federally protected function;
shall be imprisoned not more than five years.
  ``(b) Law Enforcment Exclusion.--Nothing in this section makes 
unlawful any act of any law enforcement officer which is performed in 
the lawful performance of official duties.
  ``(c) Defintions.--The following definitions apply in this section:
          ``(1) The term `civil disorder' means any public disturbance 
        involving acts of violence by assemblages of three or more 
        persons, which causes an immediate danger of or results in 
        damage or injury to the property or person of any other 
        individual.
          ``(2) The term `federally protected function' means any 
        function, operation, or action carried out, under the laws of 
        the United States, by any department, agency, or 
        instrumentality of the United States or by an officer or 
        employee thereof; and such term includes the collection and 
        distribution of the United States mails.
          ``(3) The term `firearm' means any weapon which is designed 
        to or may readily be converted to expel any projectile by the 
        action of an explosive; or the frame or receiver of any such 
        weapon.
          ``(4) The term `explosive or incendiary device' means--
                  ``(A) dynamite and all other forms of high 
                explosives;
                  ``(B) any explosive bomb, grenade, missile, or 
                similar device; and
                  ``(C) any incendiary bomb or grenade, fire bomb, or 
                similar device, including any device which--
                          ``(i) consists of or includes a breakable 
                        container including a flammable liquid or 
                        compound, and a wick composed of any material 
                        which, when ignited, is capable of igniting 
                        such flammable liquid or compound; and
                          ``(ii) can be carried or thrown by one 
                        individual acting alone.
          ``(5) The term `fireman' means any member of a fire 
        department (including a volunteer fire department) of any 
        State, any political subdivision of a State.
          ``(6) The term `law enforcement officer' means any officer or 
        employee of the United States, of any State or any political 
        subdivision of a State while engaged in the enforcement or 
        prosecution of any of the criminal laws of the United States or 
        of that State or subdivision; and such term includes members of 
        the National Guard (as defined in section 101 of title 10), 
        members of the organized militia of a State (as defined in 
        section 101 of title 10), and members of the Armed Forces of 
        the United States, while engaged in suppressing acts of 
        violence or restoring law and order during a civil disorder.
  ``(d) Non-Premption.--Nothing in this section shall be construed as 
indicating an intent on the part of Congress to occupy the field in 
which any provision of this section operate to the exclusion of State 
or local laws on the same subject matter, nor shall any provision of 
this section be construed to invalidate any provision of State law, 
unless such provision is inconsistent with any of the purposes of this 
section or any provision thereof.

                ``SUBCHAPTER E--ESPIONAGE AND CENSORSHIP

``Sec.
``301.  General provisions for subchapter.
``302.  Gathering or transmitting defense information.
``303.  Losing defense information.
``304.  Disclosure of classified and other similarly protected 
          information.

``Sec. 301. General provisions for subchapter

  ``(a) Definition.--In this subchapter, the term `foreign power' has 
the meaning given that term in section 101(a) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)).
  ``(b) Exclusion Relating to Lawful Demands of Congress.--Nothing in 
this subchapter prohibits the furnishing, upon lawful demand, of 
information to any regularly constituted committee of the Senate or 
House of Representatives of the United States of America, or joint 
committee thereof.

``Sec. 302. Gathering or transmitting defense information

  ``Whoever, with intent or reason to believe that the information will 
be used to the injury of the United States, or to the advantage of any 
foreign power, knowingly--
          ``(1) obtains information connected with the national 
        defense; or
          ``(2) provides information connected with the national 
        defense to any person not entitled to receive it;
shall be imprisoned for life or for any term of years, and if death 
results, shall be subject to the death penalty.

``Sec. 303. Losing defense information

  ``Whoever, or having lawful possession or control of any information 
connected with the national defense--
          ``(1) recklessly permits that information to be lost, stolen, 
        or destroyed; or
          ``(2) knowing that the information has been lost, or stolen, 
        or destroyed, fails to make prompt report of that fact to an 
        appropriate superior officer;
shall be imprisoned not more than 20 years.

``Sec. 304. Disclosure of classified and other similarly protected 
                    information

  ``(a) Offense.--Whoever knowingly provides protected information to a 
person not entitled to receive it, or knowingly uses protected 
information to the injury of the United States, or to the advantage of 
any foreign power shall be imprisoned not more than 20 years.
  ``(b) Definitions.--In this section--
          ``(1) the term `protected information' means any classified 
        information or any Restricted Data (as defined for the purposes 
        of the Atomic Energy Act of 1954);
          ``(2) the term `classified information' means information 
        which, at the time of a violation of this section, is, for 
        reasons of national security, specifically designated by a 
        United States Government authority for limited or restricted 
        dissemination or distribution--
                  ``(A) concerning the nature, preparation, or use of 
                any code, cipher, or cryptographic system of the United 
                States or any foreign power;
                  ``(B) concerning the design, construction, use, 
                maintenance, or repair of any device, apparatus, or 
                appliance used or prepared or planned for use by the 
                United States or any foreign power for cryptographic or 
                communication intelligence purposes;
                  ``(C) concerning the communication intelligence 
                activities of the United States or any foreign power; 
                or
                  ``(D) obtained by the processes of communication 
                intelligence from the communications of any foreign 
                power, knowing the same to have been obtained by such 
                processes; and
          ``(3) the terms `code', `cipher', and `cryptographic system' 
        include any method of secret writing and any mechanical or 
        electrical device or method used for the purpose of disguising 
        or concealing the contents, significance, or meanings of 
        communications.

              ``SUBCHAPTER F--IMMIGRATION AND NATIONALITY

``Sec.
``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.

``Sec. 311. False statement in application and use of passport

  ``Whoever--
          ``(1) knowingly makes any false statement in an application 
        for passport with intent to induce or secure the issuance of a 
        passport under the authority of the United States, either for 
        his own use or the use of another, contrary to the laws 
        regulating the issuance of passports or the rules prescribed 
        pursuant to such laws; or
          ``(2) knowingly uses or attempts to use, or furnishes to 
        another for use any passport the issue of which was secured in 
        any way by reason of any false statement;
shall be imprisoned not more than 15 years.

``Sec. 312. Forgery or false use of passport

  ``Whoever--
          ``(1) falsely makes, forges, counterfeits, mutilates, or 
        alters any passport or instrument purporting to be a passport, 
        with intent that the same may be used; or
          ``(2) knowingly uses, or attempts to use, or furnishes to 
        another for use any such false, forged, counterfeited, 
        mutilated, or altered passport or instrument purporting to be a 
        passport, or any passport validly issued which has become void 
        by the occurrence of any condition therein prescribed 
        invalidating the same;
shall be imprisoned not more than 15 years.

``Sec. 313. Misuse of passport

  ``Whoever--
          ``(1) knowingly uses, or attempts to use, any passport issued 
        or designed for the use of another;
          ``(2) knowingly uses or attempts to use any passport in 
        violation of the conditions or restrictions therein contained, 
        or of the rules prescribed pursuant to the laws regulating the 
        issuance of passports; or
          ``(3) knowingly furnishes, disposes of, or delivers a 
        passport to any person, for use by another than the person for 
        whose use it was originally issued and designed;
shall be imprisoned not more than 15 years (in the case of any other 
offense).

``Sec. 314. Fraud and misuse of visas, permits, and other documents

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

``Sec. 315. Procurement of citizenship or naturalization unlawfully

  ``Whoever--
          ``(1) knowingly procures or attempts to procure, contrary to 
        law, the naturalization of any person, or documentary or other 
        evidence of naturalization or of citizenship; or
          ``(2) whether for himself or another person not entitled 
        thereto, knowingly issues, procures or obtains or applies for 
        or otherwise attempts to procure or obtain naturalization, or 
        citizenship, or a declaration of intention to become a citizen, 
        or a certificate of arrival or any certificate or evidence of 
        nationalization or citizenship, documentary or otherwise, or 
        duplicates or copies of any of the foregoing;
shall be imprisoned not more than 15 years.

``Sec. 316. Sale of naturalization or citizenship papers

  ``Whoever unlawfully sells or disposes of a declaration of intention 
to become a citizen, certificate of naturalization, certificate of 
citizenship or copies or duplicates or other documentary evidence of 
naturalization or citizenship, shall be imprisoned 15 years.

``Sec. 317. Penalties related to removal

  ``(a) Penalty for Failure To Depart.--
          ``(1) In general.--Any alien against whom a final order of 
        removal is outstanding by reason of being a member of any of 
        the classes described in section 237(a) of the Immigration and 
        Nationality Act, who--
                  ``(A) knowingly fails or refuses to depart from the 
                United States within a period of 90 days from the date 
                of the final order of removal under administrative 
                processes, or if judicial review is had, then from the 
                date of the final order of the court,
                  ``(B) knowingly fails or refuses to make timely 
                application in good faith for travel or other documents 
                necessary to the alien's departure,
                  ``(C) connives or conspires, or takes any other 
                action, designed to prevent or hamper or with the 
                purpose of preventing or hampering the alien's 
                departure pursuant to such, or
                  ``(D) knowingly fails or refuses to present himself 
                or herself for removal at the time and place required 
                by the Attorney General pursuant to such order,
        shall be imprisoned not more than four years (or 10 years if 
        the alien is a member of any of the classes described in 
        paragraph (1)(E), (2), (3), or (4) of section 237(a) of the 
        Immigration and Nationality Act).
          ``(2) Exception.--It is not a violation of paragraph (1) to 
        take any proper steps for the purpose of securing cancellation 
        of or exemption from such order of removal or for the purpose 
        of securing the alien's release from incarceration or custody.
          ``(3) Suspension.--The court may for good cause suspend the 
        sentence of an alien under this subsection and order the 
        alien's release under such conditions as the court may 
        prescribe. In determining whether good cause has been shown to 
        justify releasing the alien, the court shall take into account 
        such factors as--
                  ``(A) the age, health, and period of detention of the 
                alien;
                  ``(B) the effect of the alien's release upon the 
                national security and public peace or safety;
                  ``(C) the likelihood of the alien's resuming or 
                following a course of conduct which made or would make 
                the alien deportable;
                  ``(D) the character of the efforts made by such alien 
                himself and by representatives of the country or 
                countries to which the alien's removal is directed to 
                expedite the alien's departure from the United States;
                  ``(E) the reason for the inability of the Government 
                of the United States to secure passports, other travel 
                documents, or removal facilities from the country or 
                countries to which the alien has been ordered removed; 
                and
                  ``(F) the eligibility of the alien for discretionary 
                relief under the immigration laws.
  ``(b) Failure To Comply With Terms of Release Under Supervision.--An 
alien who knowingly fails to comply with regulations or requirements 
issued pursuant to section 241(a)(3) of the Immigration and Nationality 
Act or knowingly give false information in response to an inquiry under 
such section shall be imprisoned for not more than one year.
  ``(c) Penalties Relating to Vessels and Aircraft.--
          ``(1) Civil penalties.--
                  ``(A) Failure to carry out certain orders.--If the 
                Attorney General is satisfied that a person has 
                violated subsection (d) or (e) of section 241 of the 
                Immigration and Nationality Act, the person shall pay 
                to the Commissioner the sum of $2,000 for each 
                violation.
                  ``(B) Failure to remove alien stowaways.--If the 
                Attorney General is satisfied that a person has failed 
                to remove an alien stowaway as required under section 
                241(d)(2) of the Immigration and Nationality Act, the 
                person shall pay to the Commissioner the sum of $5,000 
                for each alien stowaway not removed.
                  ``(C) No compromise.--The Attorney General may not 
                compromise the amount of such penalty under this 
                paragraph.
          ``(2) Clearing vessels and aircraft.--
                  ``(A) Clearance before decision on liability.--A 
                vessel or aircraft may be granted clearance before a 
                decision on liability is made under paragraph (1) only 
                if a bond approved by the Attorney General or an amount 
                sufficient to pay the civil penalty is deposited with 
                the Commissioner.
                  ``(B) Prohibition on clearance while penalty 
                unpaid.--A vessel or aircraft may not be granted 
                clearance if a civil penalty imposed under paragraph 
                (1) is not paid.
  ``(d) Discontinuing Granting Visas to Nationals of Country Denying or 
Delaying Accepting Alien.--On being notified by the Attorney General 
that the government of a foreign country denies or unreasonably delays 
accepting an alien who is a citizen, subject, national, or resident of 
that country after the Attorney General asks whether the government 
will accept the alien under this section, the Secretary of State shall 
order consular officers in that foreign country to discontinue granting 
immigrant visas or nonimmigrant visas, or both, to citizens, subjects, 
nationals, and residents of that country until the Attorney General 
notifies the Secretary that the country has accepted the alien.

``Sec. 318. Bringing in and harboring certain aliens

  ``(a) Criminal Penalties.--(1)(A) Whoever--
          ``(i) knowing that a person is an alien, brings to or 
        attempts to bring to the United States in any manner whatsoever 
        such person at a place other than a designated port of entry or 
        place other than as designated by the Commissioner, regardless 
        of whether such alien has received prior official authorization 
        to come to, enter, or reside in the United States and 
        regardless of any future official action which may be taken 
        with respect to such alien;
          ``(ii) knowing or in reckless disregard of the fact that an 
        alien has come to, entered, or remains in the United States in 
        violation of law, transports, or moves or attempts to transport 
        or move such alien within the United States by means of 
        transportation or otherwise, in furtherance of such violation 
        of law;
          ``(iii) knowing or in reckless disregard of the fact that an 
        alien has come to, entered, or remains in the United States in 
        violation of law, conceals, harbors, or shields from detection, 
        or attempts to conceal, harbor, or shield from detection, such 
        alien in any place, including any building or any means of 
        transportation;
          ``(iv) encourages or induces an alien to come to, enter, or 
        reside in the United States, knowing or in reckless disregard 
        of the fact that such coming to, entry, or residence is or will 
        be in violation of law; or
          ``(v) engages in any conspiracy to commit any of the 
        preceding acts;
shall be punished as provided in subparagraph (B).
  ``(B) Whoever violates subparagraph (A) shall, for each alien in 
respect to whom such a violation occurs--
          ``(i) in the case of a violation of subparagraph (A)(i) or 
        (v)(I) or in the case of a violation of subparagraph (A)(ii), 
        (iii), or (iv) in which the offense was done for the purpose of 
        commercial advantage or private financial gain, be imprisoned 
        not more than 10 years;
          ``(ii) in the case of a violation of subparagraph (A) (ii), 
        (iii), (iv), or (v)(II) be imprisoned not more than 5 years;
          ``(iii) in the case of a violation of subparagraph (A) (i), 
        (ii), (iii), (iv), or (v) during and in relation to which the 
        person causes serious bodily injury to, or places in jeopardy 
        the life of, any person, be imprisoned not more than 20 years; 
        and
          ``(iv) in the case of a violation of subparagraph (A) (i), 
        (ii), (iii), (iv), or (v) resulting in the death of any person, 
        be punished by death or imprisoned for any term of years or for 
        life.
  ``(2) Whoever, knowing or in reckless disregard of the fact that an 
alien has not received prior official authorization to come to, enter, 
or reside in the United States, brings to or attempts to bring to the 
United States in any manner whatsoever, such alien, regardless of any 
official action which may later be taken with respect to such alien 
shall, for each alien in respect to whom a violation of this paragraph 
occurs--
          ``(A) be imprisoned not more than one year; or
          ``(B) in the case of--
                  ``(i) an offense committed with the intent or with 
                reason to believe that the alien unlawfully brought 
                into the United States will commit an offense against 
                the United States or any State punishable by 
                imprisonment for more than 1 year,
                  ``(ii) an offense done for the purpose of commercial 
                advantage or private financial gain, or
                  ``(iii) an offense in which the alien is not upon 
                arrival immediately brought and presented to an 
                appropriate immigration officer at a designated port of 
                entry,
        be imprisoned not less than 5 nor more than 15 years.
  ``(3)(A) Whoever, during any 12-month period, knowingly hires for 
employment at least 10 individuals with actual knowledge that the 
individuals are aliens described in subparagraph (B) shall be 
imprisoned for not more than 5 years.
  ``(B) An alien described in this subparagraph is an alien who--
          ``(i) is an unauthorized alien (as defined in section 
        274A(h)(3)), and
          ``(ii) has been brought into the United States in violation 
        of this subsection.
  ``(4) In the case of a person who has brought aliens into the United 
States in violation of this subsection, the sentence otherwise provided 
for may be increased by up to 10 years if--
          ``(A) the offense was part of an ongoing commercial 
        organization or enterprise;
          ``(B) aliens were transported in groups of 10 or more; and
          ``(C)(i) aliens were transported in a manner that endangered 
        their lives; or
          ``(ii) the aliens presented a life-threatening health risk to 
        people in the United States.
  ``(b) Authority To Arrest.--No officer or person shall have authority 
to make any arrest for a violation of any provision of this section 
except officers and employees of the Service designated by the Attorney 
General, either individually or as a member of a class, and all other 
officers whose duty it is to enforce criminal laws.
  ``(c) Audiovisually Preserved Depositions.--Notwithstanding any 
provision of the Federal Rules of Evidence, the videotaped (or 
otherwise audiovisually preserved) deposition of a witness to a 
violation of subsection (a) who has been deported or otherwise expelled 
from the United States, or is otherwise unable to testify, may be 
admitted into evidence in an action brought for that violation if the 
witness was available for cross examination and the deposition 
otherwise complies with the Federal Rules of Evidence.
  ``(d) Outreach Program.--The Secretary of Homeland Security, in 
consultation with the Attorney General and the Secretary of State, as 
appropriate, shall develop and implement an outreach program to educate 
the public in the United States and abroad about the penalties for 
bringing in and harboring aliens in violation of this section.

``Sec. 319. Entry of alien at improper time or place; misrepresentation 
                    and concealment of facts

  ``(a) Entry.--Any alien who--
          ``(1) enters or attempts to enter the United States at any 
        time or place other than as designated by immigration officers;
          ``(2) eludes examination or inspection by immigration 
        officers; or
          ``(3) attempts to enter or obtains entry to the United States 
        by a knowingly false or misleading representation or the 
        knowingly concealment of a material fact;
shall, for the first commission of any such offense, be imprisoned not 
more than 6 months, and, for a subsequent commission of any such 
offense, be imprisoned not more than 2 years.
  ``(b) Apprehension while Entering.--Any alien who is apprehended 
while entering (or attempting to enter) the United States at a time or 
place other than as designated by immigration officers shall be subject 
to a civil penalty of--
          ``(1) at least $50 and not more than $250 for each such entry 
        (or attempted entry); or
          ``(2) twice the amount specified in paragraph (1) in the case 
        of an alien who has been previously subject to a civil penalty 
        under this subsection.
Civil penalties under this subsection are in addition to, and not in 
lieu of, any criminal or other civil penalties that may be imposed.
  ``(c) Marriage.--An individual who knowingly enters into a marriage 
for the purpose of evading any provision of the immigration laws shall 
be imprisoned for not more than 5 years.
  ``(d) Commercial Enterprise.--Whoever knowingly establishes a 
commercial enterprise for the purpose of evading any provision of the 
immigration laws shall be imprisoned for not more than 5 years.

``Sec. 320. Reentry of removed alien

  ``(a) Offense.--Subject to subsection (b), any alien who--
          ``(1) has been denied admission, excluded, deported, or 
        removed or has departed the United States while an order of 
        exclusion, deportation, or removal is outstanding; and
          ``(2) thereafter enters, attempts to enter, or is at any time 
        found in, the United States, unless (A) prior to his 
        reembarkation at a place outside the United States or his 
        application for admission from foreign contiguous territory, 
        the Attorney General has expressly consented to such alien's 
        reapplying for admission; or (B) with respect to an alien 
        previously denied admission and removed, unless such alien 
        shall establish that he was not required to obtain such advance 
        consent under this or any prior Act,
shall be imprisoned not more than 2 years.
  ``(b) Increased Penalty.--In the case of any alien violating 
subsection (a)--
          ``(1) whose removal was subsequent to a conviction for 
        commission of three or more misdemeanors involving drugs, 
        crimes against the person, or both, or a felony (other than an 
        aggravated felony), such alien shall be imprisoned not more 
        than 10 years;
          ``(2) whose removal was subsequent to a conviction for 
        commission of an aggravated felony, such alien shall be 
        imprisoned not more than 20 years;
          ``(3) who has been excluded from the United States pursuant 
        to section 235(c) of the Immigration and Nationality Act 
        because the alien was excludable under section 212(a)(3)(B) of 
        such Act or who has been removed from the United States 
        pursuant to title V of such Act, and who thereafter, without 
        the permission of the Attorney General, enters the United 
        States, or attempts to do so, shall be imprisoned for a period 
        of 10 years, which sentence shall not run concurrently with any 
        other sentence; or
          ``(4) who was removed from the United States pursuant to 
        section 241(a)(4)(B) of such Act who thereafter, without the 
        permission of the Attorney General, enters, attempts to enter, 
        or is at any time found in, the United States (unless the 
        Attorney General has expressly consented to such alien's 
        reentry) shall be imprisoned for not more than 10 years.
For the purposes of this subsection, the term `removal' includes any 
agreement in which an alien stipulates to removal during (or not 
during) a criminal trial under either Federal or State law.
  ``(c) Reentry.--Any alien deported pursuant to section 242(h)(2) of 
the Immigration and Nationality Act who enters, attempts to enter, or 
is at any time found in, the United States (unless the Attorney General 
has expressly consented to such alien's reentry) shall be incarcerated 
for the remainder of the sentence of imprisonment which was pending at 
the time of deportation without any reduction for parole or supervised 
release. Such alien shall be subject to such other penalties relating 
to the reentry of deported aliens as may be available under this 
section or any other provision of law.
  ``(d) Challenge of Validity of Order.--In a criminal proceeding under 
this section, an alien may not challenge the validity of the 
deportation order described in subsection (a)(1) or subsection (b) 
unless the alien demonstrates that--
          ``(1) the alien exhausted any administrative remedies that 
        may have been available to seek relief against the order;
          ``(2) the deportation proceedings at which the order was 
        issued improperly deprived the alien of the opportunity for 
        judicial review; and
          ``(3) the entry of the order was fundamentally unfair.

``Sec. 321. Aiding or assisting certain aliens to enter the United 
                    States

  ``Whoever knowingly aids or assists any alien inadmissible under 
section 212(a)(2) of the Immigration and Nationality Act (insofar as an 
alien inadmissible under such section has been convicted of an 
aggravated felony) or 212(a)(3) of such Act (other than subparagraph 
(E) thereof) to enter the United States, or who connives or conspires 
with any person or persons to allow, procure, or permit any such alien 
to enter the United States, shall be or imprisoned not more than 10 
years.

``Sec. 322. Increased penalty for certain terrorism related offenses

  ``Whoever violates this subchapter shall, if the maximum imprisonment 
for the offense is less but for this section, be imprisoned not more 
than 25 years if the offense was committed to facilitate an act of 
international terrorism (as defined in section 2331 of this title), and 
20 years (if the offense was committed to facilitate a drug trafficking 
crime (as defined in section 592).

                       ``CHAPTER 17--DRUG CRIMES

``Sec.
``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.
``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 offenses.
``418.  Prohibited acts related to foreign terrorist organizations or 
          terrorist persons and groups

``Sec. 401. Definitions for chapter

  ``As used in this chapter--
          ``(1) a term defined for the purposes of the Controlled 
        Substances Act has the same meaning in this chapter;
          ``(2) the term `large quantity of a major drug' means--
                  ``(A) 1 kilogram or more of a mixture or substance 
                containing a detectable amount of heroin;
                  ``(B) 5 kilograms or more of a mixture or substance 
                containing a detectable amount of--
                          ``(i) coca leaves, except coca leaves and 
                        extracts of coca leaves from which cocaine, 
                        ecgonine, and derivatives of ecgonine or their 
                        salts have been removed;
                          ``(ii) cocaine, its salts, optical and 
                        geometric isomers, and salts of isomers;
                          ``(iii) ecgonine, its derivatives, their 
                        salts, isomers, and salts of isomers; or
                          ``(iv) any compound, mixture, or preparation 
                        which contains any quantity of any of the 
                        substances referred to in clauses (i) through 
                        (iii);
                  ``(C) 50 grams or more of a mixture or substance 
                described in subparagraph (B) which contains cocaine 
                base;
                  ``(D) 100 grams or more of phencyclidine (PCP) or 1 
                kilogram or more of a mixture or substance containing a 
                detectable amount of phencyclidine (PCP);
                  ``(E) 10 grams or more of a mixture or substance 
                containing a detectable amount of lysergic acid 
                diethylamide (LSD);
                  ``(F) 400 grams or more of a mixture or substance 
                containing a detectable amount of N-phenyl-N-[1-(2-
                phenylethyl)-4-piperidinyl] propanamide or 100 grams or 
                more of a mixture or substance containing a detectable 
                amount of any analogue of N-phenyl-N-[1-(2-
                phenylethyl)-4-piperidinyl] propanamide;
                  ``(G) 1000 kilograms or more of a mixture or 
                substance containing a detectable amount of marihuana, 
                or 1,000 or more marihuana plants regardless of weight; 
                or
                  ``(H) 50 grams or more of methamphetamine, its salts, 
                isomers, and salts of its isomers or 500 grams or more 
                of a mixture or substance containing a detectable 
                amount of methamphetamine, its salts, isomers, or salts 
                of its isomers;
          ``(3) the term `substantial quantity of a major drug' means--
                  ``(A) 100 grams or more of a mixture or substance 
                containing a detectable amount of heroin;
                  ``(B) 500 grams or more of a mixture or substance 
                containing a detectable amount of--
                          ``(i) coca leaves, except coca leaves and 
                        extracts of coca leaves from which cocaine, 
                        ecgonine, and derivatives of ecgonine or their 
                        salts have been removed;
                          ``(ii) cocaine, its salts, optical and 
                        geometric isomers, and salts of isomers;
                          ``(iii) ecgonine, its derivatives, their 
                        salts, isomers, and salts of isomers; or
                          ``(iv) any compound, mixture, or preparation 
                        which contains any quantity of any of the 
                        substances referred to in clauses (i) through 
                        (iii);
                  ``(C) 5 grams or more of a mixture or substance 
                described in subparagraph (B) which contains cocaine 
                base;
                  ``(D) 10 grams or more of phencyclidine (PCP) or 100 
                grams or more of a mixture or substance containing a 
                detectable amount of phencyclidine (PCP);
                  ``(E) 1 gram or more of a mixture or substance 
                containing a detectable amount of lysergic acid 
                diethylamide (LSD);
                  ``(F) 40 grams or more of a mixture or substance 
                containing a detectable amount of N-phenyl-N-[1-(2-
                phenylethyl)-4-piperidinyl] propanamide or 10 grams or 
                more of a mixture or substance containing a detectable 
                amount of any analogue of N-phenyl-N-[1-(2-
                phenylethyl)-4-piperidinyl] propanamide;
                  ``(G) 100 kilograms or more of a mixture or substance 
                containing a detectable amount of marihuana, or 100 or 
                more marihuana plants regardless of weight; or
                  ``(H) 5 grams or more of methamphetamine, its salts, 
                isomers, and salts of its isomers or 50 grams or more 
                of a mixture or substance containing a detectable 
                amount of methamphetamine, its salts, isomers, or salts 
                of its isomers;
          ``(4) the term `date rape drug' means gamma hydroxybutyric 
        acid (including when scheduled as an approved drug product for 
        purposes of section 3(a)(1)(B) of the Hillory J. Farias and 
        Samantha Reid Date-Rape Drug Prohibition Act of 2000), or 1 
        gram of flunitrazepam;
          ``(5) the term `repeat offender' means a person is convicted 
        under this chapter after a prior conviction for a felony drug 
        offense;
          ``(6) the term `career offender' means a person is convicted 
        under this chapter after two or more prior convictions for a 
        felony drug offense;
          ``(7) the term `midlevel quantity of marijuana` means 50 
        kilograms of marijuana or more than 50 marijuana plants; and
          ``(8) the term `larger quantity of hashish' means ten 
        kilograms of hashish or one kilogram of hashish oil.

``Sec. 402. Basic offenses

  ``Except as authorized by the Controlled Substances Act whoever 
knowingly--
          ``(1) manufactures, distributes, or dispenses, or possesses 
        with intent to manufacture, distribute, or dispense, a 
        controlled substance;
          ``(2) creates, distributes, or dispenses, or possesses with 
        intent to distribute or dispense, a counterfeit substance;
          ``(3) imports or exports a controlled substance in violation 
        of section 1002, 1003, or 1007 of the Controlled Substances 
        Import and Export Act;
          ``(4) brings or possesses on board a vessel, aircraft, or 
        vehicle a controlled substance in violation of section 1005 of 
        that Act; or
          ``(5) manufactures, possesses with intent to distribute, or 
        distributes a controlled substance contrary to section 1009 of 
        that Act;
shall be punished as provided in this chapter.

``Sec. 403. Basic punishment structure

  ``(a) Large Quantities of Major Drugs.--
          ``(1) Prison.--If the violation of section 402 involves a 
        large quantity of a major drug, the offender shall be 
        imprisoned any term of years not less than ten, or for life. If 
        the offender is a repeat offender or if death or serious bodily 
        injury results to any person from the offense, the term shall 
        not be less than 20 years. If the defendant is a career 
        offender, the term shall be life.
          ``(2) Fine.--An offender to whom paragraph (1) applies shall 
        be fined not more than $4,000,000, and if the offender is a 
        career offender, not more than $8,000,000.
          ``(3) Supervised release.--An offender to whom paragraph (1) 
        applies shall be sentenced to supervised release for a period 
        of 5 years, but if the offender is a career offender or if 
        death or serious bodily injury results to any person from the 
        offense, for a period of 10 years.
  ``(b) Substantial Quantities of Major Drugs.--
          ``(1) Prison.--If the violation of section 402 involves a 
        substantial quantity of a major drug, the offender shall be 
        imprisoned not less than five years nor more than 40 years. If 
        the offender is a repeat offender the term shall not be less 
        than 10 years. If death or serious bodily injury results to any 
        person from the offense, the term shall be life.
          ``(2) Fine.--An offender to whom paragraph (1) applies shall 
        be fined not more than $2,000,000, and if the offender is a 
        career offender, not more than $4,000,000.
          ``(3) Supervised release.--An offender to whom paragraph (1) 
        applies shall be sentenced to supervised release for a period 
        of 4 years, but if the offender is a repeat offender or death 
        or serious bodily injury result to any person from the offense, 
        for a period of 8 years.
  ``(c) Lesser Quantities of Major Drugs and Any Quantity of Certain 
Other Substances.--
          ``(1) Prison.--If the violation of section 402 involves a 
        quantity, lesser than those specified in subsection (a) or (b), 
        of a major drug, or any quantity of another substance in 
        schedule I or II, or a date rape drug, the offender shall be 
        imprisoned not more than 20 years. If the offender is a repeat 
        offender, the term shall not be less than 30 years. If death or 
        serious bodily injury results to any person from the offense, 
        the offender shall be imprisoned any term or years not less 
        than 20, or for life.
          ``(2) Fine.--An offender to whom paragraph (1) applies shall 
        be fined not more than $1,000,000, and if the offender is a 
        repeat offender, not more than $2,000,000.
          ``(3) Supervised release.--An offender to whom paragraph (1) 
        applies shall be sentence to supervised release for a period of 
        3 years, but if the defendant is a repeat offender for a period 
        of 6 years.
  ``(d) Midlevel Quantities of Marijuana, Larger Quantities of Hashish, 
and Certain Schedule III Substances.--
          ``(1) Prison.--If the violation of section 402 involves a 
        midlevel quantity of marijuana, a larger quantity of hashish, 
        or any quantity of a schedule III substance for which a penalty 
        is not imposed in a previous subsection of this section, the 
        offender shall be imprisoned not more than five years, or if a 
        repeat offender, not more than 10 years.
          ``(2) Fine.--An offender to whom paragraph (1) applies shall 
        be fined not more than $250,000 and if the offender is a career 
        offender, not more than $500,000.
          ``(3) Supervised release.--An offender to whom paragraph (1) 
        applies shall be sentenced to supervised release for a period 
        of 2 years, but if the defendant is a repeat offender, for a 
        period of 4 years.
  ``(e) Schedule IV Substances.--If the violation of section 402 
involves a schedule IV substance, the offender shall be imprisoned not 
more than three years and to supervised release for one year. If the 
offender is a repeat offender, the offender shall be imprisoned not 
more than six years and shall be sentenced to supervised release for 
two years.
  ``(f) Schedule V Substances.--If the violation of section 402 
involves a schedule V substance, the offender shall be imprisoned not 
more than one year. If the offender is a repeat offender, the offender 
shall be imprisoned not more than two years.

``Sec. 404. Offenses involving protected persons

  ``(a) Distribution With Intent To Commit a Crime of Violence.--
          ``(1) In general.--Whoever, with intent to commit a crime of 
        violence (including an offense that would also be punishable 
        under section 201 if the conduct occurred in the special 
        maritime and territorial jurisdiction of the United States), 
        against an individual, violates section 402 by distributing a 
        controlled substance or controlled substance analogue to that 
        individual without that individual's knowledge shall be 
        imprisoned not more than 20 years.
          ``(2) Definition.--As used in this subsection, the term 
        `without that individual's knowledge' means that the individual 
        is unaware that a substance with the ability to alter that 
        individual's ability to appraise conduct or to decline 
        participation in or communicate unwillingness to participate in 
        conduct is administered to the individual.
  ``(b) Endangering Human Life While Illegally Manufacturing Controlled 
Substance.--Whoever, while manufacturing a controlled substance in 
violation of the Controlled Substances Act, or attempting or conspiring 
to do so, or transporting materials, including chemicals, to do so, 
knowingly creates a risk of harm to human life shall be imprisoned not 
more than ten years.
  ``(c) Distribution to Minors.--
          ``(1) First offenses.--Except as provided in section 405 and 
        in paragraph (2), any person at least 18 years of age who 
        violates section 402 by distributing a controlled substance to 
        a person under 21 years of age is subject to (A) twice the 
        maximum punishment authorized by section 403, and (B) at least 
        twice any term of supervised release authorized by section 403, 
        for a first offense involving the same controlled substance and 
        schedule. Except to the extent a greater minimum sentence is 
        otherwise provided by section 403, a term of imprisonment under 
        this subsection shall be not less than one year. The mandatory 
        minimum sentencing provisions of this subsection shall not 
        apply to offenses involving 5 grams or less of marihuana.
          ``(2) Second and subsequent offenses.--Except as provided in 
        section 405, if the offender under paragraph (1) has a prior 
        conviction under paragraph (1) (or under section 303(b)(2) of 
        the Federal Food, Drug, and Cosmetic Act as in effect prior to 
        the effective date of section 701(b) of the Controlled 
        Substances Act) is subject to (A) three times the maximum 
        punishment authorized by section 403, and (B) at least three 
        times any term of supervised release authorized by section 403, 
        for a second offense or subsequent offense involving the same 
        controlled substance and schedule. Except to the extent a 
        greater minimum sentence is otherwise provided by section 403, 
        a term of imprisonment under this subsection shall be not less 
        than one year. Penalties for third and subsequent convictions 
        shall those provided by section 403(a) for offenses involving 
        large quantities of major drugs under that section.
  ``(d) Adults Using Children.--Whoever, being at least 21 years of 
age, knowingly--
          ``(1) employs, hires, uses, persuades, induces, entices, or 
        coerces a child to violate section 402; or
          ``(2) employs, hires, uses, persuades, induces, entices, or 
        coerces a child to assist in avoiding detection or 
        apprehension, for any offense under section 402, by any 
        Federal, State, or local law enforcement official,
is punishable by a term of imprisonment and a fine, or both, up to 
triple those authorized by section 403.
  ``(e) Young Adults Using Children.--
          ``(1) Whoever, not being a child, knowingly--
                  ``(A) employs, hires, uses, persuades, induces, 
                entices, or coerces, a child to violate any provision 
                of this chapter or of the Controlled Substances Act or 
                the Controlled Substances Import and Export Act;
                  ``(B) employs, hires, uses, persuades, induces, 
                entices, or coerces, child to assist in avoiding 
                detection or apprehension, for any such violation, by 
                any Federal, State, or local law enforcement official; 
                or
                  ``(C) receives a controlled substance from a child, 
                other than an immediate family member, in violation of 
                section 402;
shall be imprisoned for up to twice the maximum term otherwise 
authorized and be sentenced at least twice any term of supervised 
release otherwise authorized for a first offense. Except to the extent 
a greater minimum sentence is otherwise provided, a term of 
imprisonment under this subsection shall not be less than one year.
          ``(2) Whoever violates paragraph (1) after a prior conviction 
        under paragraph (1) of this section, is punishable by a term of 
        imprisonment up to three times that otherwise authorized, or 
        both, and at least three times any term of supervised release 
        otherwise authorized for a first offense. Except to the extent 
        a greater minimum sentence is otherwise provided, a term of 
        imprisonment under this subsection shall not be less than one 
        year. Penalties for third and subsequent convictions shall 
        those provided by section 403(a) for offenses involving large 
        quantities of major drugs under that section.
  ``(f) Providing Controlled Substances to Children.--Whoever violates 
subsection (c) or (d)--
          ``(1) by knowingly providing or distributing a controlled 
        substance or a controlled substance analogue to a child; or
          ``(2) if the person employed, hired, or used is 14 years of 
        age or younger;
shall be subject to a term of imprisonment for not more than five 
years, in addition to any other punishment authorized by this chapter.
  ``(g) Pregnant Persons.--Except as authorized by the Controlled 
Substances Act, it shall be unlawful for any person to knowingly or 
intentionally provide or distribute any controlled substance to a 
pregnant individual in violation of any provision of this title. 
Whoever violates this subsection shall be subject to the same penalties 
as are provided for a violation of subsection (c).

``Sec. 405. Enhancement for offenses involving protected places

  ``(a) Cultivation on Federal Property.--The maximum fine that may be 
imposed for a violation of section 402 by cultivating a controlled 
substance on Federal property shall be the greater of the amount 
otherwise provided in this chapter or--
          ``(1) $500,000 if the defendant is an individual; or
          ``(2) $1,000,000 if the defendant is other than an 
        individual.
  ``(b) Use of Hazardous Substance on Federal Land.--Whoever in the 
course of a violation of section 402 knowingly uses a poison, chemical, 
or other hazardous substance on Federal land, and, by such use--
          ``(1) creates a serious hazard to humans, wildlife, or 
        domestic animals,
          ``(2) degrades or harms the environment or natural resources, 
        or
          ``(3) pollutes an aquifer, spring, stream, river, or body of 
        water,
shall be imprisoned not more than five years.
  ``(c) Boobytraps.--
          ``(1) Whoever knowingly assembles, maintains,or places a 
        boobytrap on Federal property where a controlled substance is 
        being manufactured, distributed, or dispensed shall be 
        imprisoned not more than ten years.
          ``(2) If the offender has one or more prior convictions for 
        an offense under this subsection, the offender shall be 
        imprisoned not more than 20 years.
          ``(3) As used in this subsection, the term `boobytrap' means 
        any concealed or camouflaged device designed to cause bodily 
        injury when triggered by any action of any unsuspecting person 
        making contact with the device. Such term includes guns, 
        ammunition, or explosive devices attached to trip wires or 
        other triggering mechanisms, sharpened stakes, and lines or 
        wires with hooks attached.
  ``(d) Safety Rest Areas.--
          ``(1) Enhancement.--Whoever violates section 402 by 
        distributing or possessing with intent to distribute a 
        controlled substance in or on, or within 1,000 feet of, a truck 
        stop or safety rest area is subject to--
                  ``(A) in the case of a first offense under this 
                subsection subject to--
                          ``(i) twice the maximum punishment provided 
                        in section 403; and
                          ``(ii) twice any term of supervised release 
                        authorized by section 403 for a first offense; 
                        and
                  ``(B) in the case of an offense under this subsection 
                after a prior conviction under this subsection--
                          ``(i) three times the maximum punishment 
                        authorized by section 403; and
                          ``(ii) three times any term of supervised 
                        release authorized by section 403 for a first 
                        offense.
          ``(2) Definitions.--As used in this subsection--
                  ``(A) the term `safety rest area' means a roadside 
                facility with parking facilities for the rest or other 
                needs of motorists; and
                  ``(B) the term `truck stop' means a facility 
                (including any parking lot appurtenant thereto) that--
                          ``(i) has the capacity to provide fuel or 
                        service, or both, to any commercial motor 
                        vehicle (as defined in section 31301 of title 
                        49), operating in commerce (as defined in that 
                        section); and
                          ``(ii) is located within 2,500 feet of the 
                        National System of Interstate and Defense 
                        Highways or the Federal-Aid Primary System.

``Sec. 406. Maintaining drug-involved premises.

  ``(a) Except as authorized by this title, it shall be unlawful to--
          ``(1) knowingly open, lease, rent, use, or maintain any 
        place, whether permanently or temporarily, for the purpose of 
        manufacturing, distributing, or using any controlled substance; 
        or
          ``(2) manage or control any place, whether permanently or 
        temporarily, either as an owner, lessee, agent, employee, 
        occupant, or mortgagee, and knowingly and intentionally rent, 
        lease, profit from, or make available for use, with or without 
        compensation, the place for the purpose of unlawfully 
        manufacturing, storing, distributing, or using a controlled 
        substance.
  ``(b) Whoever violates subsection (a) of this section shall be 
sentenced to a term of imprisonment of not more than 20 years or a fine 
of not more than $500,000, or both, or a fine of $2,000,000 for a 
person other than an individual.
  ``(c) A violation of subsection (a) shall be considered an offense 
against property for purposes of section 3663A(c)(1)(A)(ii) of this 
title.
  ``(d)(1) Whoever violates subsection (a) shall be subject to a civil 
penalty of not more than the greater of--
          ``(A) $250,000; or
          ``(B) 2 times the gross receipts, either known or estimated, 
        that were derived from each violation that is attributable to 
        the person.
  ``(2) If a civil penalty is calculated under paragraph (1)(B), and 
there is more than 1 defendant, the court may apportion the penalty 
between multiple violators, but each violator shall be jointly and 
severally liable for the civil penalty under this subsection.
  ``(e) Whoever violates subsection (a) shall be subject to declaratory 
and injunctive remedies as set forth in section 403(f) of the 
Controlled Substances Act.

``Sec. 407. Distribution in or near schools

  ``(a) In General.--Whoever violates section 402 by distributing, 
possessing with intent to distribute, or manufacturing a controlled 
substance in or on, or within one thousand feet of, the real property 
comprising a public or private elementary, vocational, or secondary 
school or a public or private college, junior college, or university, 
or a playground, or housing facility owned by a public housing 
authority, or within 100 feet of a public or private youth center, 
public swimming pool, or video arcade facility, is (except as provided 
in subsection (b)) subject to--
          ``(1) twice the maximum punishment authorized by section 403; 
        and
          ``(2) at least twice any term of supervised release 
        authorized by section 403 for a first offense.
A fine up to twice that authorized by section 403 may be imposed in 
addition to any term of imprisonment authorized by this subsection. 
Except to the extent a greater minimum sentence is otherwise provided 
by section 403, a person shall be sentenced under this subsection to a 
term of imprisonment of not less than one year. The mandatory minimum 
sentencing provisions of this paragraph shall not apply to offenses 
involving 5 grams or less of marihuana.
  ``(b) Second or Subsequent Offenses.--Whoever violates subsection (a) 
after a prior conviction under subsection (a) is punishable--
          ``(1) by the greater of--
                  ``(A) a term of imprisonment of not less than three 
                years and not more than life imprisonment; or
                  ``(B) three times the maximum punishment authorized 
                by section 403 for a first offense; and
          ``(2) at least three times any term of supervised release 
        authorized by section 403 for a first offense.
  ``A fine up to three times that authorized by section 403 may be 
imposed in addition to any term of imprisonment authorized by this 
subsection. Except to the extent a greater minimum sentence is 
otherwise provided by section 401(b), a person shall be sentenced under 
this subsection to a term of imprisonment of not less than three years. 
Penalties for third and subsequent convictions shall be governed by 
section 403.
  ``(c) Special Rule for Using Children.--Notwithstanding any other 
law, whoever, being at least 21 years of age, knowingly--
          ``(1) employs, hires, uses, persuades, induces, entices, or 
        coerces a child to violate this section; or
          ``(2) employs, hires, uses, persuades, induces, entices, or 
        coerces a child to assist in avoiding detection or apprehension 
        for any offense under this section by any Federal, State, or 
        local law enforcement official,
is punishable by a term of imprisonment, a fine, or both, up to triple 
those authorized by section 403.
  ``(d) Special Rule for Mandatory Minimum Sentences.--In the case of 
any mandatory minimum sentence imposed under subsection (b), imposition 
or execution of such sentence shall not be suspended and probation 
shall not be granted. An individual convicted under this section shall 
not be eligible for parole until the individual has served the 
mandatory minimum term of imprisonment as provided by this section.
  ``(e) Definitions.--As used in this section--
          ``(1) the term `playground' means any outdoor facility 
        (including any parking lot appurtenant thereto) intended for 
        recreation, open to the public, and with any portion thereof 
        containing three or more separate apparatus intended for the 
        recreation of children including, but not limited to, sliding 
        boards, swingsets, and teeterboards;
          ``(2) the term `youth center' means any recreational facility 
        and/or gymnasium (including any parking lot appurtenant 
        thereto), intended primarily for use by persons under 18 years 
        of age, which regularly provides athletic, civic, or cultural 
        activities;
          ``(3) the term `video arcade facility' means any facility, 
        legally accessible to children, intended primarily for the use 
        of pinball and video machines for amusement containing a 
        minimum of ten machines that are either pinball or video 
        machines; and
          ``(4) the term `swimming pool' includes any parking lot 
        appurtenant thereto.

``Sec. 408. Listed chemicals

  ``(a) Offense.--Whoever knowingly--
          ``(1) possesses a listed chemical with intent to manufacture 
        a controlled substance except as authorized by the Controlled 
        Substances Act;
          ``(2) possesses or distributes, a listed chemical knowing, or 
        having reasonable cause to believe, that the listed chemical 
        will be used to manufacture a controlled substance except as 
        authorized by the Controlled Substances Act; or
          ``(3) with the intent of causing the evasion of the 
        recordkeeping or reporting requirements of section 310 of the 
        Controlled Substances Act, or the regulations issued under that 
        section, receives or distributes a reportable amount of any 
        listed chemical in units small enough so that the making of 
        records or filing of reports under that section is not 
        required;
shall be imprisoned not more than 20 years in the case of a violation 
of paragraph (1) or (2) involving a list I chemical or not more than 10 
years in any other case.
  ``(b) Injunctions.--In addition to any other applicable penalty, any 
person convicted of a felony violation of this section relating to the 
receipt, distribution, manufacture, exportation, or importation of a 
listed chemical may be enjoined from engaging in any transaction 
involving a listed chemical for not more than ten years.
  ``(c) Additional Offenses.--
          ``(1) Whoever knowingly distributes a listed chemical in 
        violation of the Controlled Substances Act (other than in 
        violation of a recordkeeping or reporting requirement of 
        section 310) shall be imprisoned not more than 5 years.
          ``(2) Whoever knowingly possesses any listed chemical, with 
        knowledge that the recordkeeping or reporting requirements of 
        section 310 of such Act have not been adhered to, if, after 
        such knowledge is acquired, such person does not take immediate 
        steps to remedy the violation shall be imprisoned not more than 
        one year.

``Sec. 409. Domestic regulatory offenses

  ``(a) Unlawful Conduct Generally.--It shall be unlawful for any 
person--
          ``(1) who is subject to the requirements of part C of the 
        Controlled Substances Act to distribute or dispense a 
        controlled substance in violation of section 309 of that Act;
          ``(2) who is a registrant to distribute or dispense a 
        controlled substance not authorized by his registration to 
        another registrant or other authorized person or to manufacture 
        a controlled substance not authorized by his registration;
          ``(3) who is a registrant to distribute a controlled 
        substance in violation of section 305 of the Controlled 
        Substances Act;
          ``(4) to remove, alter, or obliterate a symbol or label 
        required by section 305 of the Controlled Substances Act;
          ``(5) to refuse or negligently fail to make, keep, or furnish 
        any record, report, notification, declaration, order or order 
        form, statement, invoice, or information required under the 
        Controlled Substances Act or the Controlled Substances Import 
        and Export Act;
          ``(6) to refuse any entry into any premises or inspection 
        authorized by the Controlled Substances Act or the Controlled 
        Substances Import and Export Act;
          ``(7) to remove, break, injure, or deface a seal placed upon 
        controlled substances pursuant to section 304(f) or 511 of the 
        Controlled Substances Act or to remove or dispose of substances 
        so placed under seal;
          ``(8) to use, to his own advantage, or to reveal, other than 
        to duly authorized officers or employees of the United States, 
        or to the courts when relevant in any judicial proceeding under 
        this title or title III, any information acquired in the course 
        of an inspection authorized by the Controlled Substances Act 
        concerning any method or process which as a trade secret is 
        entitled to protection, or to use to his own advantage or 
        reveal (other than as authorized by section 310 of that Act) 
        any information that is confidential under such section;
          ``(9) who is a regulated person to engage in a regulated 
        transaction without obtaining the identification required by 
        310(a)(3) of the Controlled Substances Act;
          ``(10) negligently to fail to keep a record or make a report 
        under section 310 of that Act; or
          ``(11) to distribute a laboratory supply to a person who 
        uses, or attempts to use, that laboratory supply to manufacture 
        a controlled substance or a listed chemical, in violation of 
        the Controlled Substances Act or the Controlled Substances 
        Import and Export Act, with reckless disregard for the illegal 
        uses to which such a laboratory supply will be put.
  ``(b) Definition.--As used in subsection (a)(11), the term 
`laboratory supply' means a listed chemical or any chemical, substance, 
or item on a special surveillance list published by the Attorney 
General, which contains chemicals, products, materials, or equipment 
used in the manufacture of controlled substances and listed chemicals. 
For purposes of that subsection, there is a rebuttable presumption of 
reckless disregard at trial if the Attorney General notifies a firm in 
writing that a laboratory supply sold by the firm, or any other person 
or firm, has been used by a customer of the notified firm, or 
distributed further by that customer, for the unlawful production of 
controlled substances or listed chemicals a firm distributes and 2 
weeks or more after the notification the notified firm distributes a 
laboratory supply to the customer.
  ``(c) Schedule I and II Substances.--It shall be unlawful for any 
person who is a registrant to manufacture a controlled substance in 
schedule I or II which is--
          ``(1) not expressly authorized by the registration and by a 
        quota assigned to that registrant pursuant to section 306 of 
        the Controlled Substances Act; or
          ``(2) in excess of a quota assigned to that registrant 
        pursuant to section 306.
  ``(d)(1)(A) Except as provided in subparagraph (B) of this paragraph 
and paragraph (2), whoever violates this section shall, with respect to 
any such violation, be subject to a civil penalty of not more than 
$25,000.
  ``(B) In the case of a violation of paragraph (5) or (10) of 
subsection (a), the civil penalty shall not exceed $10,000.
  ``(2)(A) Whoever knowingly violates this section shall, except as 
otherwise provided in subparagraph (B), be imprisoned not more than one 
year.
  ``(B) If a violation referred to in subparagraph (A) was committed 
after one or more prior convictions of the offender for an offense 
punishable under this paragraph (2), or for a crime under any other 
provision of any law of the United States relating to controlled 
substances, narcotic drugs, marihuana, or depressant or stimulant 
substances, have become final, such person shall be sentenced to a term 
of imprisonment of not more than 2 years.
  ``(C) In addition to the penalties set forth elsewhere in this title, 
any business that violates paragraph (11) of subsection (a) shall, with 
respect to the first such violation, be subject to a civil penalty of 
not more than $250,000, but shall not be subject to criminal penalties 
under this section, and shall, for any succeeding violation, be subject 
to a civil fine of not more than $250,000 or double the last previously 
imposed penalty, whichever is greater.
  ``(3) Except under the conditions specified in paragraph (2) of this 
subsection, a violation of this section does not constitute a crime, 
and a judgment for the United States and imposition of a civil penalty 
pursuant to paragraph (1) shall not give rise to any disability or 
legal disadvantage based on conviction for a criminal offense.

``Sec. 410. Additional domestic regulatory offenses

  ``(a) Generally.--It shall be unlawful for any person knowingly--
          ``(1) as a registrant to distribute a controlled substance 
        classified in schedule I or II, in the course of legitimate 
        business, except pursuant to an order or an order form as 
        required by section 308 of the Controlled Substances Act;
          ``(2) to use in the course of the manufacture, distribution, 
        or dispensing of a controlled substance, or to use for the 
        purpose of acquiring or obtaining a controlled substance, a 
        registration number which is fictitious, revoked, suspended, 
        expired, or issued to another person;
          ``(3) to acquire or obtain possession of a controlled 
        substance by misrepresentation, fraud, forgery, deception, or 
        subterfuge;
          ``(4)(A) to furnish false or fraudulent material information 
        in, or omit any material information from, any application, 
        report, record, or other document required to be made, kept, or 
        filed under this chapter, the Controlled Substances Act, or the 
        Controlled Substances Import and Export Act, or (B) to present 
        false or fraudulent identification where the person is 
        receiving or purchasing a listed chemical and the person is 
        required to present identification under section 310(a) of the 
        Controlled Substances Act;
          ``(5) to make, distribute, or possess any punch, die, plate, 
        stone, or other thing designed to print, imprint, or reproduce 
        the trademark, trade name, or other identifying mark, imprint, 
        or device of another or any likeness of any of the foregoing 
        upon any drug or container or labeling thereof so as to render 
        such drug a counterfeit substance;
          ``(6) to possess any three-neck round-bottom flask, tableting 
        machine, encapsulating machine, or gelatin capsule, or any 
        equipment, chemical, product, or material which may be used to 
        manufacture a controlled substance or listed chemical, knowing, 
        intending, or having reasonable cause to believe, that it will 
        be used to manufacture a controlled substance or listed 
        chemical in violation of this title, the Controlled Substances 
        Act, or the Controlled Substances Import and Export Act;
          ``(7) to manufacture, distribute, export, or import any 
        three-neck round-bottom flask, tableting machine, encapsulating 
        machine, or gelatin capsule, or any equipment, chemical, 
        product, or material which may be used to manufacture a 
        controlled substance or listed chemical, knowing, intending, or 
        having reasonable cause to believe, that it will be used to 
        manufacture a controlled substance or listed chemical in 
        violation of this title, the Controlled Substances Act, or the 
        Controlled Substances Import and Export Act or, in the case of 
        an exportation, in violation of this title, the Controlled 
        Substances Act, the Controlled Substances Import and Export 
        Act, or of the laws of the country to which it is exported;
          ``(8) to create a chemical mixture for the purpose of evading 
        a requirement of section 310 of the Controlled Substances Act 
        or to receive a chemical mixture created for that purpose; or
          ``(9) to distribute, import, or export a list I chemical 
        without the registration required by the Controlled Substances 
        Act or the Controlled Substances Import and Export Act.
  ``(b) Use of Communication Facility.--
          ``(1) It shall be unlawful for any person knowingly or 
        intentionally to use any communication facility in committing 
        or in causing or facilitating the commission of any felony 
        under this chapter or the Controlled Substances Act or the 
        Controlled Substances Import and Export Act.
          ``(2) Each separate use of a communication facility shall be 
        a separate offense under this subsection.
          ``(3) As used in this subsection, the term `communication 
        facility' means any and all public and private 
        instrumentalities used or useful in the transmission of 
        writing, signs, signals, pictures, or sounds of all kinds and 
        includes mail, telephone, wire, radio, and all other means of 
        communication.
  ``(c) Advertising.--
          ``(1) It shall be unlawful for any person to place in any 
        newspaper, magazine, handbill, or other publications, any 
        written advertisement knowing that it has the purpose of 
        seeking or offering illegally to receive, buy, or distribute a 
        schedule I controlled substance.
          ``(2) As used in this subsection the term `advertisement' 
        includes, in addition to its ordinary meaning, such 
        advertisements as those for a catalog of schedule I controlled 
        substances and any similar written advertisement that has the 
        purpose of seeking or offering illegally to receive, buy, or 
        distribute a schedule I controlled substance. The term 
        `advertisement' does not include material which merely 
        advocates the use of a similar material, which advocates a 
        position or practice, and does not attempt to propose or 
        facilitate an actual transaction in a schedule I controlled 
        substance.
  ``(d) Penalties.--
          ``(1) Except as provided in paragraph (2), whoever knowingly 
        violates this section shall be imprisoned not more than 4 
        years; except that if any person commits such a violation after 
        being convicted for a felony under any law of the United States 
        relating to controlled substances, narcotic drugs, marihuana, 
        or depressant or stimulant substances, such person shall be 
        sentenced to a term of imprisonment of not more than 8 years.
          ``(2) Whoever, with the intent to manufacture or to 
        facilitate the manufacture of methamphetamine, violates 
        paragraph (6) or (7) of subsection (a), shall be imprisoned not 
        more than 10 years; except that if any person commits such a 
        violation after one or more prior convictions of that persons 
        for a violation of any law of the United States or any State 
        relating to controlled substances or listed chemicals, such 
        person shall be imprisoned not more than 20 years.
  ``(e) Injunction Relating To Engaging in Transactions.-- In addition 
to any other applicable penalty, any person convicted of a felony 
violation of this section relating to the receipt, distribution, 
manufacture, exportation, or importation of a listed chemical may be 
enjoined from engaging in any transaction involving a listed chemical 
for not more than ten years.
  ``(f) Declaratory and Other Relief.--
          ``(1) In addition to any penalty provided in this section, 
        the Attorney General is authorized to commence a civil action 
        for appropriate declaratory or injunctive relief relating to a 
        violation of this section, section 402, or section 406.
          ``(2) Any action under this subsection may be brought in the 
        district court of the United States for the district in which 
        the defendant is located or resides or is doing business.
          ``(3) Any order or judgment issued by the court pursuant to 
        this subsection shall be tailored to restrain the violation.
          ``(4) The court shall proceed as soon as practicable to the 
        hearing and determination of such an action. An action under 
        this subsection is governed by the Federal Rules of Civil 
        Procedure except that, if an indictment has been returned 
        against the respondent, discovery is governed by the Federal 
        Rules of Criminal Procedure.

``Sec. 411. Penalty for simple possession

  ``(a) Elements of Offense.--It shall be unlawful for any person 
knowingly--
          ``(1) to possess a controlled substance unless such substance 
        was obtained directly, or pursuant to a valid prescription or 
        order, from a practitioner acting in the course of professional 
        practice, or except as otherwise authorized by the Controlled 
        Substances Act or the Controlled Substances Import and Export 
        Act; or
          ``(2) to possess any list I chemical obtained pursuant to or 
        under authority of a registration issued to that person under 
        section 303 of the Controlled Substances Act or section 1008 of 
        the Controlled Substances Import and Export Act, if that 
        registration has been revoked or suspended, if that 
        registration has expired, or if the registrant has ceased to do 
        business in the manner contemplated by his registration.
  ``(b) Punishment.--
          ``(1) Generally.--Whoever violates subsection (a) shall be 
        imprisoned not more than 1 year, except that the offense is 
        after a prior conviction of the offender under the Controlled 
        Substances Act or the Controlled Substances Import and Export 
        Act, or for any drug, narcotic, or chemical offense chargeable 
        under the law of any State, the offender shall be imprisoned 
        not less than 15 days nor more than 2 years and if the offense 
        is after two or more such convictions, the offender shall be 
        sentenced to a term of imprisonment for not less than 90 days 
        but not more than 3 years.
          ``(2) Cocaine base.--Notwithstanding paragraph (a), a person 
        convicted under this section for the possession of a mixture or 
        substance which contains cocaine base shall be imprisoned not 
        less than 5 years and not more than 20 years if the conviction 
        is a first conviction under this subsection and the amount of 
        the mixture or substance exceeds 5 grams, if the conviction is 
        after a prior conviction for the possession of such a mixture 
        or substance under this subsection becomes final and the amount 
        of the mixture or substance exceeds 3 grams, or if the 
        conviction is after 2 or more prior convictions for the 
        possession of such a mixture or substance under this subsection 
        become final and the amount of the mixture or substance exceeds 
        1 gram.
          ``(3) Flunitrazepam.--Notwithstanding any penalty provided in 
        this subsection, any person convicted under this subsection for 
        the possession of flunitrazepam shall be imprisoned for not 
        more than 3 years. The imposition or execution of a minimum 
        sentence required to be imposed under this subsection shall not 
        be suspended or deferred.
          ``(4) Costs.--Further, upon conviction, a person who violates 
        this subsection shall be fined the reasonable costs of the 
        investigation and prosecution of the offense, including the 
        costs of prosecution of an offense as defined in sections 1918 
        and 1920 of title 28, except that this sentence shall not apply 
        and a fine under this section need not be imposed if the court 
        determines the defendant lacks the ability to pay.
  ``(c) Definition.--As used in this section, the term `drug, narcotic, 
or chemical offense' means any offense which proscribes the possession, 
distribution, manufacture, cultivation, sale, transfer, or the attempt 
or conspiracy to possess, distribute, manufacture, cultivate, sell or 
transfer any substance the possession of which is prohibited under the 
Controlled Substances Act.

``Sec. 412. Civil penalty for possession of small amounts of certain 
                    controlled substances

  ``(a) In General.--An individual who knowingly possesses a controlled 
substance described in section 403(a) in violation of section 411 in an 
amount that, as specified by regulation of the Attorney General, is a 
personal use amount shall be liable to the United States for a civil 
penalty in an amount not to exceed $10,000.
  ``(b) Income and Net Assets.--The income and net assets of an 
individual shall not be relevant to the determination whether to assess 
a civil penalty under this section or to prosecute the individual 
criminally. However, in determining the amount of a penalty under this 
section, the income and net assets of an individual shall be 
considered.
  ``(c) Prior Conviction.--A civil penalty may not be assessed under 
this section if the individual previously was convicted of a Federal or 
State offense relating to a controlled substance.
  ``(d) Limitation on Number of Assessments.--A civil penalty may not 
be assessed on an individual under this section on more than two 
separate occasions.
  ``(e) Assessment.--A civil penalty under this section may be assessed 
by the Attorney General only by an order made on the record after 
opportunity for a hearing in accordance with section 554 of title 5. 
The Attorney General shall provide written notice to the individual who 
is the subject of the proposed order informing the individual of the 
opportunity to receive such a hearing with respect to the proposed 
order. The hearing may be held only if the individual makes a request 
for the hearing before the expiration of the 30-day period beginning on 
the date such notice is issued.
  ``(f) Compromise.--The Attorney General may compromise, modify, or 
remit, with or without conditions, any civil penalty imposed under this 
section.
  ``(g) Judicial Review.--If the Attorney General issues an order 
pursuant to subsection (e) after a hearing described in such 
subsection, the individual who is the subject of the order may, before 
the expiration of the 30-day period beginning on the date the order is 
issued, bring a civil action in the appropriate district court of the 
United States. In such action, the law and the facts of the violation 
and the assessment of the civil penalty shall be determined de novo, 
and shall include the right of a trial by jury, the right to counsel, 
and the right to confront witnesses. The facts of the violation shall 
be proved beyond a reasonable doubt.
  ``(h) Civil Action.--If an individual does not request a hearing 
pursuant to subsection (e) and the Attorney General issues an order 
pursuant to such subsection, or if an individual does not under 
subsection (g) seek judicial review of such an order, the Attorney 
General may commence a civil action in any appropriate district court 
of the United States for the purpose of recovering the amount assessed 
and an amount representing interest at a rate computed in accordance 
with section 1961 of title 28. Such interest shall accrue from the 
expiration of the 30-day period described in subsection (g). In such an 
action, the decision of the Attorney General to issue the order, and 
the amount of the penalty assessed by the Attorney General, shall not 
be subject to review.
  ``(i) Limitation.--The Attorney General may not under this section 
commence proceeding against an individual after the expiration of the 
5-year period beginning on the date on which the individual allegedly 
violated subsection (a).
  ``(j) Expungement Procedures.--The Attorney General shall dismiss the 
proceedings under this section against an individual upon application 
of such individual at any time after the expiration of 3 years if--
          ``(1) the individual has not previously been assessed a civil 
        penalty under this section;
          ``(2) the individual has paid the assessment;
          ``(3) the individual has complied with any conditions imposed 
        by the Attorney General;
          ``(4) the individual has not been convicted of a Federal or 
        State offense relating to a controlled substance; and
          ``(5) the individual agrees to submit to a drug test, and 
        such test shows the individual to be drug free.
A nonpublic record of a disposition under this subsection shall be 
retained by the Department of Justice solely for the purpose of 
determining in any subsequent proceeding whether the person qualified 
for a civil penalty or expungement under this section. If a record is 
expunged under this subsection, an individual concerning whom such an 
expungement has been made shall not be held thereafter under any 
provision of law to be guilty of perjury, false swearing, or making a 
false statement by reason of his failure to recite or acknowledge a 
proceeding under this section or the results thereof in response to an 
inquiry made of him for any purpose.

``Sec.  413. Continuing criminal enterprise

  ``(a) Engaging in Enterprise.--
          ``(1) Whoever engages in a continuing criminal enterprise 
        shall be imprisoned for any term of years not less than 20, or 
        for life.
          ``(2) If a person engages in such activity after a prior 
        conviction of that person under this section, the offender 
        shall be imprisoned any term of years not less than 30, or for 
        life.
  ``(b) Aggravated Offense.--Whoever engages in a continuing criminal 
enterprise shall be imprisoned for life under subsection (a), if--
          ``(1) such person is the principal administrator, organizer, 
        or leader of the enterprise or is one of several such principal 
        administrators, organizers, or leaders; and
          ``(2)(A) the violation referred to in subsection (c)(1) 
        involved at least 300 times the quantity of a substance 
        described in section 403(b); or
          ``(B) the enterprise, or any other enterprise in which the 
        defendant was the principal or one of several principal 
        administrators, organizers, or leaders, received $10 million 
        dollars in gross receipts during any twelve-month period of its 
        existence for the manufacture, importation, or distribution of 
        a substance described in section 403(b).
  ``(c) What Constitutes `Engaging'.--For purposes of this section, a 
person is engaged in a continuing criminal enterprise if--
          ``(1) that person violates any provision of this chapter the 
        punishment for which is a felony, and
          ``(2) such violation is a part of a continuing series of 
        violations of chapter--
                  ``(A) which are undertaken by such person in concert 
                with five or more other persons with respect to whom 
                such person occupies a position of organizer, a 
                supervisory position, or any other position of 
                management, and
                  ``(B) from which such person obtains substantial 
                income or resources.
  ``(d) Special Rule for Sentencing.--In the case of any sentence 
imposed under this section, imposition or execution of such sentence 
shall not be suspended, probation shall not be granted, and the Act of 
July 15, 1932 (D.C. Code, secs. 24-203--24-207), shall not apply.
  ``(e) Death Penalty.--
          ``(1) In addition to the other penalties set forth in this 
        section whoever--
                  ``(A) while engaging in or working in furtherance of 
                a continuing criminal enterprise, or engaging in an 
                offense punishable under section 403(a) intentionally 
                kills or counsels, commands, induces, procures, or 
                causes the intentional killing of an individual and 
                such killing results; and
                  ``(B) during the commission of, in furtherance of, or 
                while attempting to avoid apprehension, prosecution or 
                service of a prison sentence for, a felony violation of 
                this chapter intentionally kills or counsels, commands, 
                induces, procures, or causes the intentional killing of 
                any Federal, State, or local law enforcement officer 
                engaged in, or on account of, the performance of such 
                officer's official duties and such killing results;
shall be imprisoned any term of year not less than 20, or for life, or 
may be sentenced to death.
  ``(2) As used in paragraph (1)(B), the term `law enforcement officer' 
means a public servant authorized by law to conduct or engage in the 
prevention, investigation, prosecution or adjudication of an offense, 
and includes those engaged in corrections, probation, or parole 
functions.

``Sec. 414. Drug paraphernalia

  ``(a) Offense.--Whoever--
          ``(1) sells or offers for sale drug paraphernalia;
          ``(2) uses a facility of interstate or foreign commerce to 
        transport drug paraphernalia; or
          ``(3) imports or exports drug paraphernalia;
shall be imprisoned not more than three years.
  ``(b) Forfeiture.--Any drug paraphernalia involved in any violation 
of subsection (a) of this section shall be subject to seizure and 
forfeiture upon the conviction of a person for such violation. Any such 
paraphernalia shall be delivered to the Administrator of General 
Services, General Services Administration, who may order such 
paraphernalia destroyed or may authorize its use for law enforcement or 
educational purposes by Federal, State, or local authorities.
  ``(c) Definition.--The term `drug paraphernalia' means any equipment, 
product, or material of any kind which is primarily intended or 
designed for use in manufacturing, compounding, converting, concealing, 
producing, processing, preparing, injecting, ingesting, inhaling, or 
otherwise introducing into the human body a controlled substance, 
possession of which is unlawful under the Controlled Substances Act 
(title II of Public Law 91-513). It includes items primarily intended 
or designed for use in ingesting, inhaling, or otherwise introducing 
marijuana, cocaine, hashish, hashish oil, PCP, methamphetamine, or 
amphetamines into the human body, such as--
          ``(1) metal, wooden, acrylic, glass, stone, plastic, or 
        ceramic pipes with or without screens, permanent screens, 
        hashish heads, or punctured metal bowls;
          ``(2) water pipes;
          ``(3) carburetion tubes and devices;
          ``(4) smoking and carburetion masks;
          ``(5) roach clips: meaning objects used to hold burning 
        material, such as a marihuana cigarette, that has become too 
        small or too short to be held in the hand;
          ``(6) miniature spoons with level capacities of one-tenth 
        cubic centimeter or less;
          ``(7) chamber pipes;
          ``(8) carburetor pipes;
          ``(9) electric pipes;
          ``(10) air-driven pipes;
          ``(11) chillums;
          ``(12) bongs;
          ``(13) ice pipes or chillers;
          ``(14) wired cigarette papers; or
          ``(15) cocaine freebase kits.
  ``(e) Factors Which May Be Considered.--In determining whether an 
item constitutes drug paraphernalia, in addition to all other logically 
relevant factors, the following may be considered:
          ``(1) Instructions, oral or written, provided with the item 
        concerning its use.
          ``(2) Descriptive materials accompanying the item which 
        explain or depict its use.
          ``(3) National and local advertising concerning its use.
          ``(4) The manner in which the item is displayed for sale.
          ``(5) Whether the owner, or anyone in control of the item, is 
        a legitimate supplier of like or related items to the 
        community, such as a licensed distributor or dealer of tobacco 
        products.
          ``(6) Direct or circumstantial evidence of the radio of sales 
        of the item to the total sales of the business enterprise.
          ``(7) The existence and scope of legitimate uses of the item 
        in the community.
          ``(8) Expert testimony concerning its use.
  ``(f) Exclusions.--This section shall not apply to--
          ``(1) any person authorized by local, State, or Federal law 
        to manufacture, possess, or distribute such items; or
          ``(2) any item that, in the normal lawful course of business, 
        is imported, exported, transported, or sold through the mail or 
        by any other means, and traditionally intended for use with 
        tobacco products, including any pipe, paper, or accessory.

``Sec. 415. Proceedings to establish prior convictions

  ``(a) Filing of Information.--
          ``(1) No person who is convicted of an offense under this 
        chapter shall be sentenced to increased punishment by reason of 
        one or more prior convictions, unless before trial, or before 
        entry of a plea of guilty, the United States attorney files an 
        information with the court (and serves a copy of such 
        information on the person or counsel for the person) stating in 
        writing the previous convictions to be relied upon. Upon a 
        showing by the United States attorney that facts regarding 
        prior convictions could not with due diligence be obtained 
        prior to trial or before entry of a plea of guilty, the court 
        may postpone the trial or the taking of the plea of guilty for 
        a reasonable period for the purpose of obtaining such facts. 
        Clerical mistakes in the information may be amended at any time 
        prior to the pronouncement of sentence.
          ``(2) An information may not be filed under this section if 
        the increased punishment which may be imposed is imprisonment 
        for a term in excess of three years unless the person either 
        waived or was afforded prosecution by indictment for the 
        offense for which such increased punishment may be imposed.
  ``(b) Affirmation or Denial of Previous Conviction.--If the United 
States attorney files an information under this section, the court 
shall after conviction but before pronouncement of sentence inquire of 
the person with respect to whom the information was filed whether he 
affirms or denies that he has been previously convicted as alleged in 
the information, and shall inform him that any challenge to a prior 
conviction which is not made before sentence is imposed may not 
thereafter be raised to attack the sentence.
  ``(c) Denial, Written Response, and Hearing.--
          ``(1) If the person denies any allegation of the information 
        of prior conviction, or claims that any conviction alleged is 
        invalid, he shall file a written response to the information. A 
        copy of the response shall be served upon the United States 
        attorney. The court shall hold a hearing to determine any 
        issues raised by the response which would except the person 
        from increased punishment. The failure of the United States 
        attorney to include in the information the complete criminal 
        record of the person or any facts in addition to the 
        convictions to be relied upon shall not constitute grounds for 
        invalidating the notice given in the information required by 
        subsection (a)(1). The hearing shall be before the court 
        without a jury and either party may introduce evidence. Except 
        as otherwise provided in paragraph (2) of this subsection, the 
        United States attorney shall have the burden of proof beyond a 
        reasonable doubt on any issue of fact. At the request of either 
        party, the court shall enter findings of fact and conclusions 
        of law.
          ``(2) A person claiming that a conviction alleged in the 
        information was obtained in violation of the Constitution of 
        the United States shall set forth his claim, and the factual 
        basis therefor, with particularity in his response to the 
        information. The person shall have the burden of proof by a 
        preponderance of the evidence on any issue of fact raised by 
        the response. Any challenge to a prior conviction, not raised 
        by response to the information before an increased sentence is 
        imposed in reliance thereon, shall be waived unless good cause 
        be shown for failure to make a timely challenge.
  ``(d) Imposition of Sentence.--
          ``(1) If the person files no response to the information, or 
        if the court determines, after hearing, that the person is 
        subject to increased punishment by reason of prior convictions, 
        the court shall proceed to impose sentence upon him as provided 
        by this part.
          ``(2) If the court determines that the person has not been 
        convicted as alleged in the information, that a conviction 
        alleged in the information is invalid, or that the person is 
        otherwise not subject to an increased sentence as a matter of 
        law, the court shall, at the request of the United States 
        attorney, postpone sentence to allow an appeal from that 
        determination. If no such request is made, the court shall 
        impose sentence as provided by this part. The person may appeal 
        from an order postponing sentence as if sentence had been 
        pronounced and a final judgment of conviction entered.
  ``(e) Challenges of Validity of Prior Convictions.--No person who is 
convicted of an offense under this chapter may challenge the validity 
of any prior conviction alleged under this section which occurred more 
than five years before the date of the information alleging such prior 
conviction.

``Sec. 416. Anhydrous ammonia

  ``(a) It is unlawful for any person--
          ``(1) to steal anhydrous ammonia, or
          ``(2) to transport stolen anhydrous ammonia across State 
        lines,
knowing, intending, or having reasonable cause to believe that such 
anhydrous ammonia will be used to manufacture a controlled substance in 
violation of this part.
  ``(b) Whoever violates subsection (a) shall be imprisoned in 
accordance with section 403(d) as if such violation were a violation of 
a provision of section 403.

``Sec. 417. Controlled substances import and export listed chemical 
                    offenses

  ``Whoever knowingly--
          ``(1) imports or exports a listed chemical with intent to 
        manufacture a controlled substance in violation of the 
        Controlled Substances Act or the Controlled Substances Import 
        and Export Act;
          ``(2) exports a listed chemical in violation of the laws of 
        the country to which the chemical is exported or serves as a 
        broker or trader for an international transaction involving a 
        listed chemical, if the transaction is in violation of the laws 
        of the country to which the chemical is exported;
          ``(3) imports or exports a listed chemical knowing, or having 
        reasonable cause to believe, that the chemical will be used to 
        manufacture a controlled substance in violation of the 
        Controlled Substances Act or the Controlled Substances Import 
        or Export Act;
          ``(4) exports a listed chemical, or serves as a broker or 
        trader for an international transaction involving a listed 
        chemical, knowing, or having reasonable cause to believe, that 
        the chemical will be used to manufacture a controlled substance 
        in violation of the laws of the country to which the chemical 
        is exported;
          ``(5) imports or exports a listed chemical, with the intent 
        to evade the reporting or recordkeeping requirements of section 
        1018 applicable to such importation or exportation by falsely 
        representing to the Attorney General that the importation or 
        exportation qualifies for a waiver of the 15-day notification 
        requirement granted pursuant to section 1018(e) (2) or (3) of 
        the Controlled Substances Import and Export Act by 
        misrepresenting the actual country of final destination of the 
        listed chemical or the actual listed chemical being imported or 
        exported;
          ``(6) imports or exports a listed chemical in violation of 
        section 1007 or 1018; or
          ``(7) manufactures, possesses with intent to distribute, or 
        distributes a listed chemical in violation of section 1009;
shall be imprisoned not more than 20 years in the case of a violation 
of paragraph (1) or (3) involving a list I chemical or not more than 10 
years in the case of a violation of this subsection other than a 
violation of paragraph (1) or (3) involving a list I chemical, or both.

``Sec. 418. Prohibited acts related to foreign terrorist organizations 
                    or terrorist persons and groups

  ``(a) Offense.--Whoever, as made applicable in subsection (b), 
engages in conduct that would be punishable under section 841(a) of 
this title if committed within the jurisdiction of the United States, 
knowing or intending to provide, directly or indirectly, anything of 
pecuniary value to any person or organization that has engaged or 
engages in terrorist activity (as defined in section 212(a)(3)(B) of 
the Immigration and Nationality Act) or terrorism (as defined in 
section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989), shall be sentenced to a term of imprisonment of 
not less than twice the minimum punishment under section 841(b)(1), and 
not more than life. Notwithstanding section 3583 of this title 18, any 
sentence imposed under this subsection shall include a term of 
supervised release of at least 5 years in addition to such term of 
imprisonment.
  ``(b) Applicability.--The conduct described in subsection (a) is an 
offense if--
          ``(1) the prohibited drug activity or the terrorist offense 
        is in violation of the criminal laws of the United States;
          ``(2) the offense, the prohibited drug activity, or the 
        terrorist offense occurs in or affects interstate or foreign 
        commerce;
          ``(3) an offender provides anything of pecuniary value for a 
        terrorist offense that causes or is designed to cause death or 
        serious bodily injury to a national of the United States while 
        that national is outside the United States, or substantial 
        damage to the property of a legal entity organized under the 
        laws of the United States (including any of its States, 
        districts, commonwealths, territories, or possessions) while 
        that property is outside of the United States;
          ``(4) the offense or the prohibited drug activity occurs in 
        whole or in part outside of the United States (including on the 
        high seas), and a perpetrator of the offense or the prohibited 
        drug activity is a national of the United States or a legal 
        entity organized under the laws of the United States (including 
        any of its States, districts, commonwealths, territories, or 
        possessions); or
          ``(5) after the conduct required for the offense occurs an 
        offender is brought into or found in the United States, even if 
        the conduct required for the offense occurs outside the United 
        States.
  ``(c) Proof Requirements.--To violate subsection (a), a person must 
have knowledge that the person or organization has engaged or engages 
in terrorist activity (as defined in section 212(a)(3)(B) of the 
Immigration and Nationality Act) or terrorism (as defined in section 
140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 
and 1989).
  ``(d) Definition.--As used in this section, the term `anything of 
pecuniary value' has the meaning given the term in section 506.

                     ``CHAPTER 19--ORGANIZED CRIME

``Subchapter
                                                                    Sec.
``A. Racketeering.................................................   501

``B. Racketeer influenced and corrupt organizations...............   511

``C. Criminal street gangs........................................   521

                      ``SUBCHAPTER A--RACKETEERING

``Sec.
``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-for-hire.
``507.  Violent crimes in aid of racketeering activity.
``508.  Prohibition of unlicensed money transmitting businesses.

``Sec. 501. Interference with commerce by threats or violence

  ``(a) Offense.--Whoever affects interstate or foreign commerce, by 
robbery or extortion or commits or threatens physical violence to any 
person or property in furtherance of a plan or purpose to do anything 
in violation of this section shall be imprisoned not more than 20 
years.
  ``(b) Definitions.--As used in this section--
          ``(1) The term `robbery' means the unlawful taking or 
        obtaining of personal property from the person or presence of 
        another, against his will, by means of actual or threatened 
        force, or violence, or fear of injury, immediate or future, to 
        his person or property, or property in his custody or 
        possession, or the person or property of a relative or member 
        of his family or of anyone in his company at the time of the 
        taking or obtaining.
          ``(2) The term `extortion' means the obtaining of property 
        from another, with his consent, induced by wrongful use of 
        actual or threatened force, violence, or fear, or under color 
        of official right.
  ``(c) Exclusions.--This section does not repeal, modify or affect 
section 6 or 20 of the Clayton Act, the Norris-LaGuardia Act, the Labor 
Management Relations Act, 1947, or the Railway Labor Act.

``Sec. 502. Interstate and foreign travel or transportation in aid of 
                    racketeering enterprises

  ``(a) Elements of Offense.--
          ``(1) Whoever travels in interstate or foreign commerce or 
        uses the mail or any facility in interstate or foreign 
        commerce, with intent to--
                  ``(A) distribute the proceeds of any unlawful 
                activity;
                  ``(B) commit any crime of violence to further any 
                unlawful activity; or
                  ``(C) otherwise promote, manage, establish, carry on, 
                or facilitate the promotion, management, establishment, 
                or carrying on, of any unlawful activity;
and thereafter performs or attempts to engage in the conduct so 
intended shall be punished as provided in subsection (b).
  ``(b) Punishment.--The punishment for an offense under subsection 
(a)--
          ``(1) with respect to conduct described in subparagraph (A) 
        or (C) shall be imprisoned not more than 5 years; or
          ``(2) with respect to conduct described in subparagraph (B) 
        shall be imprisoned for not more than 20 years and if death 
        results shall be imprisoned for any term of years or for life.
  ``(c) Definitions.--As used in this section the term `unlawful 
activity' means--
          ``(1) any business enterprise involving gambling, liquor on 
        which the Federal excise tax has not been paid, narcotics or 
        controlled substances (as defined in section 102(6) of the 
        Controlled Substances Act), or prostitution offenses in 
        violation of the laws of the State in which they are committed 
        or of the United States;
          ``(2) extortion, bribery, or arson in violation of the laws 
        of the State in which committed or of the United States; or
          ``(3) any act which is indictable under subchapter II of 
        chapter 53 of title 31, or under section 1451 or 1452.

``Sec. 503. Interstate transportation of wagering paraphernalia

  ``(a) Offense.--Whoever, except a common carrier in the usual course 
of its business, knowingly carries or sends in interstate or foreign 
commerce any device to be used--
          ``(1) bookmaking;
          ``(2) wagering pools with respect to a sporting event; or
          ``(3) in a numbers, policy, bolita, or similar game;
shall be imprisoned for not more than five years.
  ``(b) Exclusion.--This section does not apply to--
          ``(1) parimutuel betting equipment, parimutuel tickets where 
        legally acquired, or parimutuel materials used or designed for 
        use at racetracks or other sporting events in connection with 
        which betting is legal under applicable State law;
          ``(2) the transportation of betting materials to be used in 
        the placing of bets or wagers on a sporting event into a State 
        in which such betting is legal under the statutes of that 
        State;
          ``(3) the carriage or transportation in interstate or foreign 
        commerce of any newspaper or similar publication;
          ``(4) equipment, tickets, or materials used or designed for 
        use within a State in a lottery conducted by that State acting 
        under authority of State law; or
          ``(5) the transportation in foreign commerce to a destination 
        in a foreign country of equipment, tickets, or materials 
        designed to be used within that foreign country in a lottery 
        which is authorized by the laws of that foreign country.
  ``(c) Effect on State Prosecutions.--Nothing in this section creates 
immunity from criminal prosecution under any laws of a.
  ``(d) Definitions.-- As used in this section--
          ``(1) the term`foreign country' means any empire, country, 
        dominion, colony, or protectorate, or any subdivision thereof 
        (other than the United States, its territories or possessions); 
        and
          ``(2) the term `lottery' means the pooling of proceeds 
        derived from the sale of tickets or chances and allotting those 
        proceeds or parts thereof by chance to one or more chance 
        takers or ticket purchasers, but does not include the placing 
        or accepting of bets or wagers on sporting events or contests.

``Sec. 504. Offer, acceptance, or solicitation to influence operations 
                    of employee benefit plan

  ``(a) Offense.--Whoever, being--
          ``(1) an administrator, officer, trustee, custodian, counsel, 
        agent, or employee of any employee welfare benefit plan or 
        employee pension benefit plan;
          ``(2) an officer, counsel, agent, or employee of an employer 
        or an employer any of whose employees are covered by such plan;
          ``(3) an officer, counsel, agent, or employee of an employee 
        organization any of whose members are covered by such plan; or
          ``(4) a person who, or an officer, counsel, agent, or 
        employee of an organization which, provides benefit plan 
        services to such plan;
receives or agrees to receive or solicits anything of value because of 
or with intent to be influenced with respect to, any of the actions, 
decisions, or other duties relating to any question or matter 
concerning such plan or any person who directly or indirectly gives or 
offers, or promises to give or offer, anything prohibited by this 
section shall be imprisoned not more than three years.
  ``(b) Exclusion.--This section does not prohibit the payment to or 
acceptance by any person of bona fide salary, compensation, or other 
payments made for goods or facilities actually furnished or for 
services actually performed in the regular course of his duties as such 
person, administrator, officer, trustee, custodian, counsel, agent, or 
employee of such plan, employer, employee organization, or organization 
providing benefit plan services to such plan.
  ``(c) Definitions.--As used in this section--
          ``(1) the term `any employee welfare benefit plan' or 
        `employee pension benefit plan' means any employee welfare 
        benefit plan or employee pension benefit plan, respectively, 
        subject to any provision of title I of the Employee Retirement 
        Income Security Act of 1974; and
          ``(2) the term `employee organization' and `administrator' 
        have the meanings given those terms, respectively, in sections 
        3(4) and (3)(16) of the Employee Retirement Income Security Act 
        of 1974.

``Sec. 505. Prohibition of illegal gambling businesses

  ``(a) Offense.--Whoever conducts, finances, manages, supervises, 
directs, or owns all or part of an illegal gambling business shall be 
imprisoned not more than five years.
  ``(b) Definitions.--As used in this section--
          ``(1) the term `illegal gambling business' means a gambling 
        business which--
                  ``(A) is a violation of the law of a State or 
                political subdivision in which it is conducted;
                  ``(B) involves five or more persons who conduct, 
                finance, manage, supervise, direct, or own all or part 
                of such business; and
                  ``(C) has been or remains in substantially continuous 
                operation for a period in excess of 30 days or has a 
                gross revenue of $2,000 in any single day;
          ``(2) the term `gambling' includes pool-selling, bookmaking, 
        maintaining slot machines, roulette wheels or dice tables, and 
        conducting lotteries, policy, bolita or numbers games, or 
        selling chances therein.
  ``(c) Establishment of Probable Cause.--If five or more persons 
conduct, finance, manage, supervise, direct, or own all or part of a 
gambling business and such business operates for two or more successive 
days, then, for the purpose of obtaining warrants for arrests, 
interceptions, and other searches and seizures, probable cause that the 
business receives gross revenue in excess of $2,000 in any single day 
shall be deemed to have been established.
  ``(d) Forfeiture.--Any property, including money, used in violation 
of the provisions of this section may be seized and forfeited to the 
United States. All provisions of law relating to the seizures, summary, 
and judicial forfeiture procedures, and condemnation of vessels, 
vehicles, merchandise, and baggage for violation of the customs laws; 
the disposition of such vessels, vehicles, merchandise, and baggage or 
the proceeds from such sale; the remission or mitigation of such 
forfeitures; and the compromise of claims and the award of compensation 
to informers in respect of such forfeitures shall apply to seizures and 
forfeitures incurred or alleged to have been incurred under the 
provisions of this section, insofar as applicable and not inconsistent 
with such provisions. Such duties as are imposed upon the collector of 
customs or any other person in respect to the seizure and forfeiture of 
vessels, vehicles, merchandise, and baggage under the customs laws 
shall be performed with respect to seizures and forfeitures of property 
used or intended for use in violation of this section by such officers, 
agents, or other persons as may be designated for that purpose by the 
Attorney General.
  ``(e) Exclusion.--This section does not apply to any bingo game, 
lottery, or similar game of chance conducted by an organization exempt 
from tax under paragraph (3) of subsection (c) of section 501 of the 
Internal Revenue Code of 1986, as amended, if no part of the gross 
receipts derived from such activity inures to the benefits of any 
private shareholder, member, or employee of such organization except as 
compensation for actual expenses incurred by him in the conduct of such 
activity.

``Sec. 506. Use of interstate commerce facilities in the commission of 
                    murder-for-hire

  ``(a) Offense.--Whoever travels in or causes another (including the 
intended victim) to travel in interstate or foreign commerce, or uses 
or causes another (including the intended victim) to use the mail or 
any facility of interstate or foreign commerce, with intent that a 
murder be committed in violation of the laws of any State or the United 
States as consideration for the receipt of, or as consideration for a 
promise or agreement to pay, anything of pecuniary value shall be 
imprisoned for not more than ten years; and if personal injury results, 
shall be imprisoned for not more than twenty years; and if death 
results, shall be punished by death or life imprisonment.
  ``(b) Definition.--As used in this section and section 507--
          ``(1) the term `anything of pecuniary value' means anything 
        of value in the form of money, a negotiable instrument, a 
        commercial interest, or anything else the primary significance 
        of which is economic advantage; and
          ``(2) the term `facility of interstate or foreign commerce' 
        includes means of transportation and communication.

``Sec. 507. Violent crimes in aid of racketeering activity

  ``(a) Offense.--Whoever, as consideration for the receipt of, or as 
consideration for a promise or agreement to pay, anything of pecuniary 
value from an enterprise engaged in racketeering activity, or for the 
purpose of gaining entrance to or maintaining or increasing position in 
an enterprise engaged in racketeering activity, murders, kidnaps, 
maims, assaults with a dangerous weapon, commits assault resulting in 
serious bodily injury upon, or threatens to commit a crime of violence 
against any individual in violation of the laws of any State or the 
United States shall be punished--
          ``(1) for murder, by death or life imprisonment; and for 
        kidnapping, by imprisonment for any term of years or for life;
          ``(2) for maiming, by imprisonment for not more than thirty 
        years;
          ``(3) for assault with a dangerous weapon or assault 
        resulting in serious bodily injury, by imprisonment for not 
        more than twenty years;
          ``(4) for threatening to commit a crime of violence, by 
        imprisonment for not more than five years;
          ``(5) for attempting or conspiring to commit murder or 
        kidnapping, by imprisonment for not more than ten years; and
          ``(6) for attempting or conspiring to commit a crime 
        involving maiming, assault with a dangerous weapon, or assault 
        resulting in serious bodily injury, by imprisonment for not 
        more than three years.
  ``(b) Definitions.--As used in this section--
          ``(1) the term `racketeering activity' has the meaning set 
        forth in section 511; and
          ``(2) the term `enterprise' includes any partnership, 
        corporation, association, or other legal entity, and any union 
        or group of individuals associated in fact although not a legal 
        entity, which is engaged in, or the activities of which affect, 
        interstate or foreign commerce.

``Sec. 508. Prohibition of unlicensed money transmitting businesses

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

     ``SUBCHAPTER B--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

``Sec.
``511.  Definitions.
``512.  Prohibited activities.
``513.  Criminal penalties.
``514.  Civil remedies.
``515.  Venue and process.
``516.  Expedition of actions.
``517.  Evidence.
``518.  Civil investigative demand.

``Sec. 511. Definitions

  ``As used in this subchapter--
          ``(1) the term `racketeering activity' means--
                  ``(A) any act or threat involving murder, kidnapping, 
                gambling, arson, robbery, bribery, extortion, dealing 
                in obscene matter, or dealing in a controlled substance 
                or listed chemical (as defined in section 102 of the 
                Controlled Substances Act), which is chargeable under 
                State law and punishable by imprisonment for more than 
                one year;
                  ``(B) any act which is indictable under any of the 
                following provisions of this title: Section 991 
                (relating to bribery), section 1007 (relating to sports 
                bribery), sections 692, 693, and 694 (relating to 
                counterfeiting), section 647 (relating to theft from 
                interstate shipment) if the act indictable under 
                section 647 is felonious, section 651 (relating to 
                embezzlement from pension and welfare funds), sections 
                155, 156, 157, 159 (relating to extortionate credit 
                transactions), section 783 (relating to fraud and 
                related activity in connection with identification 
                documents), section 784 (relating to fraud and related 
                activity in connection with access devices), section 
                1381 (relating to the transmission of gambling 
                information), section 801 (relating to mail fraud), 
                section 803 (relating to wire fraud), section 804 
                (relating to financial institution fraud), section 325 
                (relating to the procurement of citizenship or 
                nationalization unlawfully), section 316 (relating to 
                the sale of naturalization or citizenship papers), 318 
                (relating to bringing in or harboring certain aliens), 
                321 (relating to aiding or assisting certain aliens to 
                enter the United States), (if the violation of section 
                318 or 321 was committed for financial gain) sections 
                1441-1443 (relating to obscene matter), section 1132 
                (relating to obstruction of justice), section 1135 
                (relating to obstruction of criminal investigations), 
                section 1137 (relating to the obstruction of State or 
                local law enforcement), section 1138 (relating to 
                tampering with a witness, victim, or an informant), 
                section 1139 (relating to retaliating against a 
                witness, victim, or an informant), section 311 
                (relating to false statement in application and use of 
                passport), section 312 (relating to forgery or false 
                use of passport), section 313 (relating to misuse of 
                passport), section 314 (relating to fraud and misuse of 
                visas, permits, and other documents), sections 1261-
                1266 (relating to peonage, slavery, and trafficking in 
                persons), section 501 (relating to interference with 
                commerce, robbery, or extortion), section 502 (relating 
                to racketeering), section 503 (relating to interstate 
                transportation of wagering paraphernalia), section 504 
                (relating to unlawful welfare fund payments), section 
                505 (relating to the prohibition of illegal gambling 
                businesses), section 1451 (relating to the laundering 
                of monetary instruments), section 1452 (relating to 
                engaging in monetary transactions in property derived 
                from specified unlawful activity), section 506 
                (relating to use of interstate commerce facilities in 
                the commission of murder-for-hire), section 508 
                (relating to prohibition of unlicensed money 
                transmitting businesses), sections 221, 222, and 223 
                (relating to sexual exploitation of children), sections 
                671 and 672 (relating to interstate transportation of 
                stolen motor vehicles), sections 674 and 675 (relating 
                to interstate transportation of stolen property), 
                section 676 (relating to trafficking in counterfeit 
                labels for phonorecords, computer programs or computer 
                program documentation or packaging and copies of motion 
                pictures or other audiovisual works), section 678 
                (relating to criminal infringement of a copyright), 
                section 679 (relating to unauthorized fixation of and 
                trafficking in sound recordings and music videos of 
                live musical performances), section 680 (relating to 
                trafficking in goods or services bearing counterfeit 
                marks), section 682 (relating to trafficking in certain 
                motor vehicles or motor vehicle parts), sections 1411-
                1415 (relating to trafficking in contraband 
                cigarettes), sections 211-214 (relating to white slave 
                traffic), sections 621-627 (relating to biological 
                weapons), sections 363 (relating to chemical weapons), 
                section 601 (relating to nuclear materials);
                  ``(C) any act which is indictable under section 302 
                of the Labor Management Relations Act, 1947, section 
                186 (dealing with restrictions on payments and loans to 
                labor organizations) or section 501(c) (relating to 
                embezzlement from union funds);
                  ``(D) any offense involving fraud connected with a 
                case under title 11 (except a case under section 875 of 
                this title), fraud in the sale of securities, or the 
                felonious manufacture, importation, receiving, 
                concealment, buying, selling, or otherwise dealing in a 
                controlled substance or listed chemical (as defined in 
                section 102 of the Controlled Substances Act), 
                punishable under any law of the United States;
                  ``(E) any act which is indictable under the Currency 
                and Foreign Transactions Reporting Act;
                  ``(F) any act which is indictable under section 278 
                of the Immigration and Nationality Act, if the act 
                indictable under such section of such Act was committed 
                for the purpose of financial gain; or
                  ``(G) any act that is indictable under any provision 
                listed in section 274(g)(5)(B);
          ``(2) the term `person' includes any individual or entity 
        capable of holding a legal or beneficial interest in property;
          ``(3) the term `enterprise' includes any individual, 
        partnership, corporation, association, or other legal entity, 
        and any union or group of individuals associated in fact 
        although not a legal entity;
          ``(4) the term `pattern of racketeering activity' requires at 
        least two acts of racketeering activity, one of which occurred 
        after October 15, 1970 and the last of which occurred within 
        ten years (excluding any period of imprisonment) after the 
        commission of a prior act of racketeering activity;
          ``(5) the term `unlawful debt' means a debt--
                  ``(A) incurred or contracted in gambling activity 
                which was in violation of the law of the United States, 
                a State or political subdivision thereof, or which is 
                unenforceable under State or Federal law in whole or in 
                part as to principal or interest because of the laws 
                relating to usury; and
                  ``(B) which was incurred in connection with the 
                business of gambling in violation of the law of the 
                United States, a State or political subdivision 
                thereof, or the business of lending money or a thing of 
                value at a rate usurious under State or Federal law, 
                where the usurious rate is at least twice the 
                enforceable rate;
          ``(6) the term `racketeering investigator' means any attorney 
        or investigator so designated by the Attorney General and 
        charged with the duty of enforcing or carrying into effect this 
        chapter;
          ``(7) the term `racketeering investigation' means any inquiry 
        conducted by any racketeering investigator for the purpose of 
        ascertaining whether any person has been involved in any 
        violation of this subchapter or of any final order, judgment, 
        or decree of any court of the United States, duly entered in 
        any case or proceeding arising under this subchapter;
          ``(8) the term `documentary material' includes any book, 
        paper, document, record, recording, or other material; and
          ``(9) the term `Attorney General' includes the Attorney 
        General of the United States, the Deputy Attorney General of 
        the United States, the Associate Attorney General of the United 
        States, any Assistant Attorney General of the United States, or 
        any employee of the Department of Justice or any employee of 
        any department or agency of the United States so designated by 
        the Attorney General to carry out the powers conferred on the 
        Attorney General by this chapter, and any department or agency 
        so designated may use in investigations authorized by this 
        subchapter either the investigative provisions of this 
        subchapter or the investigative power of such department or 
        agency otherwise conferred by law.

``Sec. 512. Prohibited activities

  ``(a) Using or Investing Proceeds.--It shall be unlawful for any 
person who has received any income derived, directly or indirectly, 
from a pattern of racketeering activity or through collection of an 
unlawful debt in which such person has participated as a principal 
within the meaning of section 2, this title title, to use or invest, 
directly or indirectly, any part of such income, or the proceeds of 
such income, in acquisition of any interest in, or the establishment or 
operation of, any enterprise which is engaged in, or the activities of 
which affect, interstate or foreign commerce. A purchase of securities 
on the open market for purposes of investment, and without the 
intention of controlling or participating in the control of the issuer, 
or of assisting another to do so, shall not be unlawful under this 
subsection if the securities of the issuer held by the purchaser, the 
members of his immediate family, and his or their accomplices in any 
pattern or racketeering activity or the collection of an unlawful debt 
after such purchase do not amount in the aggregate to one percent of 
the outstanding securities of any one class, and do not confer, either 
in law or in fact, the power to elect one or more directors of the 
issuer.
  ``(b) Maintaining Interest or Control.--It shall be unlawful for any 
person through a pattern of racketeering activity or through collection 
of an unlawful debt to acquire or maintain, directly or indirectly, any 
interest in or control of any enterprise which is engaged in, or the 
activities of which affect, interstate or foreign commerce.
  ``(c) Conducting Affairs.--It shall be unlawful for any person 
employed by or associated with any enterprise engaged in, or the 
activities of which affect, interstate or foreign commerce, to conduct 
or participate, directly or indirectly, in the conduct of such 
enterprise's affairs through a pattern of racketeering activity or 
collection of unlawful debt.

``Sec. 513. Criminal penalties

  ``Whoever violates section 512 shall be imprisoned not more than 20 
years (or for life if the violation is based on a racketeering activity 
for which the maximum penalty includes life imprisonment).

``Sec. 514. Civil remedies

  ``(a) Prevention and Restraint of Violations.--The district courts of 
the United States shall have jurisdiction to prevent and restrain 
violations of section 512 by issuing appropriate orders, including--
          ``(1) ordering any person to divest any interest in any 
        enterprise; and
          ``(2) imposing reasonable restrictions on the future 
        activities or investments of any person, including--
                  ``(A) prohibiting that person from engaging in the 
                same type of endeavor as the enterprise engaged in, the 
                activities of which affect interstate or foreign 
                commerce; or
                  ``(B) ordering dissolution or reorganization of any 
                enterprise, making due provision for the rights of 
                innocent persons.
  ``(b) Preliminary Matters.--The Attorney General may institute 
proceedings under this section. Pending final determination thereof, 
the court may at any time enter such restraining orders or 
prohibitions, or take such other actions, including the acceptance of 
satisfactory performance bonds, as it shall deem proper.
  ``(c) Private Right of Action.--Any person injured in his business or 
property by reason of a violation of section 512 may sue therefor in 
any appropriate United States district court and shall recover 
threefold the damages he sustains and the cost of the suit, including a 
reasonable attorney's fee, except that no person may rely upon any 
conduct that would have been actionable as fraud in the purchase or 
sale of securities to establish a violation of section 512. The 
exception contained in the preceding sentence does not apply to an 
action against any person that is criminally convicted in connection 
with the fraud, in which case the statute of limitations shall start to 
run on the date on which the conviction becomes final.
  ``(d) Estoppel.--A final judgment or decree rendered in favor of the 
United States in any criminal proceeding brought by the United States 
under this chapter shall estop the defendant from denying the essential 
allegations of the criminal offense in any subsequent civil proceeding 
brought by the United States.

``Sec. 515. Venue and process

  ``(a) Venue.--Any civil action or proceeding under this subchapter 
may be instituted in the district court of the United States for any 
district in which such person resides, is found, has an agent, or 
transacts his affairs.
  ``(b) Summons.--In any action under section 514 in any district court 
of the United States in which it is shown that the ends of justice 
require that other parties residing in any other district be brought 
before the court, the court may cause such parties to be summoned, and 
process for that purpose may be served in any judicial district of the 
United States by the marshal thereof.
  ``(c) Subpoenas.--In any civil or criminal action or proceeding 
instituted by the United States under this subchapter in the district 
court of the United States for any judicial district, subpoenas issued 
by such court to compel the attendance of witnesses may be served in 
any other judicial district, except that in any civil action or 
proceeding no such subpena shall be issued for service upon any 
individual who resides in another district at a place more than one 
hundred miles from the place at which such court is held without 
approval given by a judge of such court upon a showing of good cause.
  ``(d) Other Process.--All other process in any action or proceeding 
under this subchapter may be served on any person in any judicial 
district in which such person resides, is found, has an agent, or 
transacts affairs.

``Sec. 516. Expedition of actions

  ``In any civil action instituted under this subchapter by the United 
States in any district court of the United States, the Attorney General 
may file with the clerk of such court a certificate stating that in the 
Attorney General's opinion the case is of general public importance. A 
copy of that certificate shall be furnished immediately by such clerk 
to the chief judge or, in the absence of the chief judge, to the 
presiding district judge of the district in which such action is 
pending. Upon receipt of such copy, such judge shall designate 
immediately a judge of that district to hear and determine the action.

``Sec. 517. Evidence

  ``In any proceeding ancillary to or in any civil action instituted by 
the United States under this subchapter the proceedings may be open or 
closed to the public at the discretion of the court after consideration 
of the rights of affected persons.

``Sec. 518. Civil investigative demand

  ``(a) Issuance.--If the Attorney General has reason to believe that 
any person or enterprise may be in possession, custody, or control of 
any documentary materials relevant to a racketeering investigation, the 
Attorney General may, before the institution of a civil or criminal 
proceeding thereon, issue in writing, and cause to be served upon such 
person, a civil investigative demand requiring such person to produce 
such material for examination.
  ``(b) Contents.--Each such demand shall--
          ``(1) state the nature of the conduct constituting the 
        alleged racketeering violation which is under investigation and 
        the provision of law applicable thereto;
          ``(2) describe the class or classes of documentary material 
        produced thereunder with such definiteness and certainty as to 
        permit such material to be fairly identified;
          ``(3) state that the demand is returnable forthwith or 
        prescribe a return date which will provide a reasonable period 
        of time within which the material so demanded may be assembled 
        and made available for inspection and copying or reproduction; 
        and
          ``(4) identify the custodian to whom such material shall be 
        made available.
  ``(c) Limitation.--No such demand shall--
          ``(1) contain any requirement which would be held to be 
        unreasonable if contained in a subpena duces tecum issued by a 
        court of the United States in aid of a grand jury investigation 
        of such alleged racketeering violation; or
          ``(2) require the production of any documentary evidence 
        which would be privileged from disclosure if demanded by a 
        subpena duces tecum issued by a court of the United States in 
        aid of a grand jury investigation of such alleged racketeering 
        violation.
  ``(d) Service.--Service of any such demand or any petition filed 
under this section may be made upon a person by--
          ``(1) delivering a duly executed copy thereof to any partner, 
        executive officer, managing agent, or general agent thereof, or 
        to any agent thereof authorized by appointment or by law to 
        receive service of process on behalf of such person, or upon 
        any individual person;
          ``(2) delivering a duly executed copy thereof to the 
        principal office or place of business of the person to be 
        served; or
          ``(3) depositing such copy in the United States mail, by 
        registered or certified mail duly addressed to such person at 
        its principal office or place of business.
  ``(e) Return.--A verified return by the individual serving any such 
demand or petition setting forth the manner of such service shall be 
prima facie proof of such service. In the case of service by registered 
or certified mail, such return shall be accompanied by the return post 
office receipt of delivery of such demand.
  ``(f) Document Custodian.--
          ``(1) The Attorney General shall designate a racketeering 
        investigator to serve as racketeer document custodian, and such 
        additional racketeering investigators as the Attorney General 
        shall determine from time to time to be necessary to serve as 
        deputies to such officer.
          ``(2) Any person upon whom any demand issued under this 
        section has been duly served shall make such material available 
        for inspection and copying or reproduction to the custodian 
        designated therein at the principal place of business of such 
        person, or at such other place as such custodian and such 
        person thereafter may agree and prescribe in writing or as the 
        court may direct, pursuant to this section on the return date 
        specified in such demand, or on such later date as such 
        custodian may prescribe in writing. Such person may upon 
        written agreement between such person and the custodian 
        substitute for copies of all or any part of such material 
        originals thereof.
          ``(3) The custodian to whom any documentary material is so 
        delivered shall take physical possession thereof, and shall be 
        responsible for the use made thereof and for the return thereof 
        pursuant to this chapter. The custodian may cause the 
        preparation of such copies of such documentary material as may 
        be required for official use under regulations which shall be 
        promulgated by the Attorney General. While in the possession of 
        the custodian, no material so produced shall be available for 
        examination, without the consent of the person who produced 
        such material, by any individual other than the Attorney 
        General. Under such reasonable terms and conditions as the 
        Attorney General shall prescribe, documentary material while in 
        the possession of the custodian shall be available for 
        examination by the person who produced such material or any 
        duly authorized representatives of such person.
          ``(4) Whenever any attorney has been designated to appear on 
        behalf of the United States before any court or grand jury in 
        any case or proceeding involving any alleged violation of this 
        chapter, the custodian may deliver to such attorney such 
        documentary material in the possession of the custodian as such 
        attorney determines to be required for use in the presentation 
        of such case or proceeding on behalf of the United States. Upon 
        the conclusion of any such case or proceeding, such attorney 
        shall return to the custodian any documentary material so 
        withdrawn which has not passed into the control of such court 
        or grand jury through the introduction thereof into the record 
        of such case or proceeding.
          ``(5) Upon the completion of--
                  ``(A) the racketeering investigation for which any 
                documentary material was produced under this 
                subchapter, and
                  ``(B) any case or proceeding arising from such 
                investigation,
        the custodian shall return to the person who produced such 
        material all such material other than copies thereof made by 
        the Attorney General pursuant to this subsection which has not 
        passed into the control of any court or grand jury through the 
        introduction thereof into the record of such case or 
        proceeding.
          ``(6) When any documentary material has been produced by any 
        person under this section for use in any racketeering 
        investigation, and no such case or proceeding arising therefrom 
        has been instituted within a reasonable time after completion 
        of the examination and analysis of all evidence assembled in 
        the course of such investigation, such person shall be 
        entitled, upon written demand made upon the Attorney General, 
        to the return of all documentary material other than copies 
        thereof made pursuant to this subsection so produced by such 
        person.
          ``(7) In the event of the death, disability, or separation 
        from service of the custodian of any documentary material 
        produced under any demand issued under this section or the 
        official relief of such custodian from responsibility for the 
        custody and control of such material, the Attorney General 
        shall promptly--
                  ``(A) designate another racketeering investigator to 
                serve as custodian thereof, and
                  ``(B) transmit notice in writing to the person who 
                produced such material as to the identity and address 
                of the successor so designated.
        Any successor so designated shall have with regard to such 
        materials all duties and responsibilities imposed by this 
        section upon the predecessor custodian with regard thereto, 
        except that he shall not be held responsible for any default or 
        dereliction which occurred before the successor's designation 
        as custodian.
  ``(g) Enforcement Petition.--Whenever any person fails to comply with 
any civil investigative demand duly served upon him under this section 
or whenever satisfactory copying or reproduction of any such material 
cannot be done and such person refuses to surrender such material, the 
Attorney General may file, in the district court of the United States 
for any judicial district in which such person resides, is found, or 
transacts business, and serve upon such person a petition for an order 
of such court for the enforcement of this section, except that if such 
person transacts business in more than one such district such petition 
shall be filed in the district in which such person maintains his 
principal place of business, or in such other district in which such 
person transacts business as may be agreed upon by the parties to such 
petition.
  ``(h) Modification or Setting Aside.--Within 20 days after the 
service of any such demand upon any person, or at any time before the 
return date specified in the demand, whichever period is shorter, such 
person may file, in the district court of the United States for the 
judicial district within which such person resides, is found, or 
transacts business, and serve upon such custodian a petition for an 
order of such court modifying or setting aside such demand. The time 
allowed for compliance with the demand in whole or in part as deemed 
proper and ordered by the court shall not run during the pendency of 
such petition in the court. Such petition shall specify each ground 
upon which the petitioner relies in seeking such relief, and may be 
based upon any failure of such demand to comply with the provisions of 
this section or upon any constitutional or other legal right or 
privilege of such person.
  ``(i) Ordering Custodian To Perform Duty.--At any time during which 
any custodian is in custody or control of any documentary material 
delivered by any person in compliance with any such demand, such person 
may file, in the district court of the United States for the judicial 
district within which the office of such custodian is situated, and 
serve upon such custodian a petition for an order of such court 
requiring the performance by such custodian of any duty imposed upon 
him by this section.
  ``(j) Jurisdiction.--Whenever any petition is filed in any district 
court of the United States under this section, such court shall have 
jurisdiction to hear and determine the matter so presented, and to 
enter such order or orders as may be required to carry into effect the 
provisions of this section.

                 ``SUBCHAPTER C--CRIMINAL STREET GANGS

``Sec.
``521.  Criminal street gangs.

``Sec. 521. Criminal street gangs

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

     ``CHAPTER 21--ARSON, FIREARMS, EXPLOSIVES, AND WEAPONS CRIMES

``Subchapter
                                                                    Sec.
``A. Arson........................................................   571

``B. Firearms.....................................................   581

``C. Explosives...................................................   601

``D. Importation, manufacture, distribution, and storage of 
Explosive Materials...............................................   611

``E. Biological weapons...........................................   621

``F. Chemical weapons.............................................   631

                         ``SUBCHAPTER A--ARSON

``Sec.
``571.  Arson within special maritime and territorial jurisdiction.

``Sec. 571. Arson within special maritime and territorial jurisdiction

  ``Whoever, within the special maritime and territorial jurisdiction 
of the United States, willfully and maliciously sets fire to or burns 
any building, structure or vessel, any machinery or building materials 
or supplies, military or naval stores, munitions of war, or any 
structural aids or appliances for navigation or shipping shall be 
imprisoned for not more than 25 years. If the building is a dwelling or 
if the life of any person is placed in jeopardy, the offender shall be 
imprisoned for any term of years or for life.

                        ``SUBCHAPTER B--FIREARMS

``Sec.
``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.  Effect on State law.
``592.  Use of restricted ammunition.
``593.  Possession of firearms and dangerous weapons in Federal 
          facilities.
``594.  Prohibition on purchase, ownership, or possession of body armor 
          by violent felons.

``Sec. 581. Definitions

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

``Sec. 582. Unlawful acts

  ``(a) It shall be unlawful--
          ``(1) for any person--
                  ``(A) except a licensed importer, licensed 
                manufacturer, or licensed dealer, to engage in the 
                business of importing, manufacturing, or dealing in 
                firearms, or in the course of such business to ship, 
                transport, or receive any firearm in interstate or 
                foreign commerce; or
                  ``(B) except a licensed importer or licensed 
                manufacturer, to engage in the business of importing or 
                manufacturing ammunition, or in the course of such 
                business, to ship, transport, or receive any ammunition 
                in interstate or foreign commerce;
          ``(2) for any importer, manufacturer, dealer, or collector 
        licensed under the provisions of this chapter to ship or 
        transport in interstate or foreign commerce any firearm to any 
        person other than a licensed importer, licensed manufacturer, 
        licensed dealer, or licensed collector, except that--
                  ``(A) this paragraph and subsection (b)(3) shall not 
                be held to preclude a licensed importer, licensed 
                manufacturer, licensed dealer, or licensed collector 
                from returning a firearm or replacement firearm of the 
                same kind and type to a person from whom it was 
                received; and this paragraph shall not be held to 
                preclude an individual from mailing a firearm owned in 
                compliance with Federal, State, and local law to a 
                licensed importer, licensed manufacturer, licensed 
                dealer, or licensed collector;
                  ``(B) this paragraph shall not be held to preclude a 
                licensed importer, licensed manufacturer, or licensed 
                dealer from depositing a firearm for conveyance in the 
                mails to any officer, employee, agent, or watchman who, 
                pursuant to the provisions of section 1715 of this 
                title, is eligible to receive through the mails 
                pistols, revolvers, and other firearms capable of being 
                concealed on the person, for use in connection with his 
                official duty; and
                  ``(C) nothing in this paragraph shall be construed as 
                applying in any manner in the District of Columbia, the 
                Commonwealth of Puerto Rico, or any possession of the 
                United States differently than it would apply if the 
                District of Columbia, the Commonwealth of Puerto Rico, 
                or the possession were in fact a State of the United 
                States;
          ``(3) for any person, other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed collector 
        to transport into or receive in the State where he resides (or 
        if the person is a corporation or other business entity, the 
        State where it maintains a place of business) any fire arm 
        purchased or otherwise obtained by such person outside that 
        State, except that this paragraph (A) shall not preclude any 
        person who lawfully acquires a firearm by bequest or intestate 
        succession in a State other than his State of residence from 
        transporting the firearm into or receiving it in that State, if 
        it is lawful for such person to purchase or possess such 
        firearm in that State, (B) shall not apply to the 
        transportation or receipt of a firearm obtained in conformity 
        with subsection (b)(3) of this section, and (C) shall not apply 
        to the transportation of any firearm acquired in any State 
        prior to the effective date of this chapter;
          ``(4) for any person, other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed collector, 
        to transport in interstate or foreign commerce any destructive 
        device, machinegun (as defined in section 5845 of the Internal 
        Revenue Code of 1986), short-barreled shotgun, or short-
        barreled rifle, except as specifically authorized by the 
        Attorney General consistent with public safety and necessity;
          ``(5) for any person (other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed collector) 
        to transfer, sell, trade, give, transport, or deliver any 
        firearm to any person (other than a licensed importer, licensed 
        manufacturer, licensed dealer, or licensed collector) who the 
        transferor knows or has reasonable cause to believe does not 
        reside in (or if the person is a corporation or other business 
        entity, does not maintain a place of business in) the State in 
        which the transferor resides; except that this paragraph shall 
        not apply to (A) the transfer, transportation, or delivery of a 
        firearm made to carry out a bequest of a firearm to, or an 
        acquisition by intestate succession of a firearm by, a person 
        who is permitted to acquire or possess a firearm under the laws 
        of the State of his residence, and (B) the loan or rental of a 
        firearm to any person for temporary use for lawful sporting 
        purposes;
          ``(6) for any person in connection with the acquisition or 
        attempted acquisition of any firearm or ammunition from a 
        licensed importer, licensed manufacturer, licensed dealer, or 
        licensed collector, knowingly to make any false or fictitious 
        oral or written statement or to furnish or exhibit any false, 
        fictitious, or misrepresented identification, intended or 
        likely to deceive such importer, manufacturer, dealer, or 
        collector with respect to any fact material to the lawfulness 
        of the sale or other disposition of such firearm or ammunition 
        under the provisions of this chapter;
          ``(7) for any person to manufacture or import armor piercing 
        ammunition, unless--
                  ``(A) the manufacture of such ammunition is for the 
                use of the United States, any department or agency of 
                the United States, any State, or any department, 
                agency, or political subdivision of a State;
                  ``(B) the manufacture of such ammunition is for the 
                purpose of exportation; or
                  ``(C) the manufacture or importation of such 
                ammunition is for the purpose of testing or 
                experimentation and has been authorized by the Attorney 
                General;
          ``(8) for any manufacturer or importer to sell or deliver 
        armor piercing ammunition, unless such sale or delivery--
                  ``(A) is for the use of the United States, any 
                department or agency of the United States, any State, 
                or any department, agency, or political subdivision of 
                a State;
                  ``(B) is for the purpose of exportation; or
                  ``(C) is for the purpose of testing or 
                experimentation and has been authorized by the Attorney 
                General; and
          ``(9) for any person, other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed collector, 
        who does not reside in any State to receive any firearms unless 
        such receipt is for lawful sporting purposes.
  ``(b) It shall be unlawful for any licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector to sell or 
deliver--
          ``(1) any firearm or ammunition to any individual who the 
        licensee knows or has reasonable cause to believe is less than 
        eighteen years of age, and, if the firearm, or ammunition is 
        other than a shotgun or rifle, or ammunition for a shotgun or 
        rifle, to any individual who the licensee knows or has 
        reasonable cause to believe is less than twenty-one years of 
        age;
          ``(2) any firearm to any person in any State where the 
        purchase or possession by such person of such firearm would be 
        in violation of any State law or any published ordinance 
        applicable at the place of sale, delivery or other disposition, 
        unless the licensee knows or has reasonable cause to believe 
        that the purchase or possession would not be in violation of 
        such State law or such published ordinance;
          ``(3) any firearm to any person who the licensee knows or has 
        reasonable cause to believe does not reside in (or if the 
        person is a corporation or other business entity, does not 
        maintain a place of business in) the State in which the 
        licensee's place of business is located, except that this 
        paragraph (A) shall not apply to the sale or delivery of any 
        rifle or shotgun to a resident of a State other than a State in 
        which the licensee's place of business is located if the 
        transferee meets in person with the transferor to accomplish 
        the transfer, and the sale, delivery, and receipt fully comply 
        with the legal conditions of sale in both such States (and any 
        licensed manufacturer, importer or dealer shall be presumed, 
        for purposes of this subparagraph, in the absence of evidence 
        to the contrary, to have had actual knowledge of the State laws 
        and published ordinances of both States), and (B) shall not 
        apply to the loan or rental of a firearm to any person for 
        temporary use for lawful sporting purposes;
          ``(4) to any person any destructive device, machinegun (as 
        defined in section 5845 of the Internal Revenue Code of 1986), 
        short-barreled shotgun, or short-barreled rifle, except as 
        specifically authorized by the Attorney General consistent with 
        public safety and necessity; and
          ``(5) any firearm or armor-piercing ammunition to any person 
        unless the licensee notes in his records, required to be kept 
        pursuant to section 923 of this chapter, the name, age, and 
        place of residence of such person if the person is an 
        individual, or the identity and principal and local places of 
        business of such person if the person is a corporation or other 
        business entity.
Paragraphs (1), (2), (3), and (4) of this subsection shall not apply to 
transactions between licensed importers, licensed manufacturers, 
licensed dealers, and licensed collectors. Paragraph (4) of this 
subsection shall not apply to a sale or delivery to any research 
organization designated by the Attorney General.
  ``(c) In any case not otherwise prohibited by this chapter, a 
licensed importer, licensed manufacturer, or licensed dealer may sell a 
firearm to a person who does not appear in person at the licensee's 
business premises (other than another licensed importer, manufacturer, 
or dealer) only if--
          ``(1) the transferee submits to the transferor a sworn 
        statement in the following form:
                  ```Subject to penalties provided by law, I swear 
                that, in the case of any firearm other than a shotgun 
                or a rifle, I am twenty-one years or more of age, or 
                that, in the case of a shotgun or a rifle, I am 
                eighteen years or more of age; that I am not prohibited 
                by the provisions of subchapter B of chapter 21 of this 
                title, from receiving a firearm in interstate or 
                foreign commerce; and that my receipt of this firearm 
                will not be in violation of any statute of the State 
                and published ordinance applicable to the locality in 
                which I reside. Further, the true title, name, and 
                address of the principal law enforcement officer of the 
                locality to which the firearm will be delivered are -- 
                -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 
                -- -- -- -- -- -- -- -- -- -- -- Signature -- -- -- -- 
                -- -- -- -- -- -- Date -- -- -- --.' and containing 
                blank spaces for the attachment of a true copy of any 
                permit or other information required pursuant to such 
                statute or published ordinance;
          ``(2) the transferor has, prior to the shipment or delivery 
        of the firearm, forwarded by registered or certified mail 
        (return receipt requested) a copy of the sworn statement, 
        together with a description of the firearm, in a form 
        prescribed by the Attorney General, to the chief law 
        enforcement officer of the transferee's place of residence, and 
        has received a return receipt evidencing delivery of the 
        statement or has had the statement returned due to the refusal 
        of the named addressee to accept such letter in accordance with 
        United States Post Office Department regulations; and
          ``(3) the transferor has delayed shipment or delivery for a 
        period of at least seven days following receipt of the 
        notification of the acceptance or refusal of delivery of the 
        statement.
A copy of the sworn statement and a copy of the notification to the 
local law enforcement officer, together with evidence of receipt or 
rejection of that notification shall be retained by the licensee as a 
part of the records required to be kept under section 923(g).
  ``(d) It shall be unlawful for any person to sell or otherwise 
dispose of any firearm or ammunition to any person knowing or having 
reasonable cause to believe that such person--
          ``(1) is under indictment for, or has been convicted in any 
        court of, a crime punishable by imprisonment for a term 
        exceeding one year;
          ``(2) is a fugitive from justice;
          ``(3) is an unlawful user of or addicted to any controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802));
          ``(4) has been adjudicated as a mental defective or has been 
        committed to any mental institution;
          ``(5) is an alien and--
                  ``(A) is illegally or unlawfully in the United 
                States; or
                  ``(B) except as provided in subsection (y)(2), has 
                been admitted to the United States under a nonimmigrant 
                visa (as that term is defined in section 101(a)(26) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26)));
          ``(6) has been discharged from the Armed Forces under 
        dishonorable conditions;
          ``(7) was a citizen of the United States, and has renounced 
        that citizenship;
          ``(8) is subject to a court order that restrains such person 
        from harassing, stalking, or threatening an intimate partner of 
        such person or child of such intimate partner or person, or 
        engaging in other conduct that would place an intimate partner 
        in reasonable fear of bodily injury to the partner or child, 
        except that this paragraph shall only apply to a court order 
        that--
                  ``(A) was issued after a hearing of which such person 
                received actual notice, and at which such person had 
                the opportunity to participate; and
                  ``(B)(i) includes a finding that such person 
                represents a credible threat to the physical safety of 
                such intimate partner or child; or
                  ``(ii) by its terms explicitly prohibits the use, 
                attempted use, or threatened use of physical force 
                against such intimate partner or child that would 
                reasonably be expected to cause bodily injury; or
          ``(9) has been convicted in any court of a misdemeanor crime 
        of domestic violence.
This subsection does not apply with respect to the sale or disposition 
of a firearm or ammunition to a licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector who pursuant to 
subsection (b) of section 585 is not precluded from dealing in firearms 
or ammunition, or to a person who has been granted relief from 
disabilities pursuant to subsection (c) of section 585.
  ``(e) It shall be unlawful for any person knowingly to deliver or 
cause to be delivered to any common or contract carrier for 
transportation or shipment in interstate or foreign commerce, to 
persons other than licensed importers, licensed manufacturers, licensed 
dealers, or licensed collectors, any package or other container in 
which there is any firearm or ammunition without written notice to the 
carrier that such firearm or ammunition is being transported or 
shipped; except that any passenger who owns or legally possesses a 
firearm or ammunition being transported aboard any common or contract 
carrier for movement with the passenger in interstate or foreign 
commerce may deliver said firearm or ammunition into the custody of the 
pilot, captain, conductor or operator of such common or contract 
carrier for the duration of the trip without violating any of the 
provisions of this chapter. No common or contract carrier shall require 
or cause any label, tag, or other written notice to be placed on the 
outside of any package, luggage, or other container that such package, 
luggage, or other container contains a firearm.
  ``(f)(1) It shall be unlawful for any common or contract carrier to 
transport or deliver in interstate or foreign commerce any firearm or 
ammunition with knowledge or reasonable cause to believe that the 
shipment transportation, or receipt thereof would be in violation of 
this chapter.
  ``(2) It shall be unlawful for any common or contract carrier to 
deliver in interstate or foreign commerce any firearm without obtaining 
written acknowledgement of receipt from the recipient of the package or 
other container in which there is a firearm.
  ``(g) It shall be unlawful for any person--
          ``(1) who has been convicted in any court of, a crime 
        punishable by imprisonment for a term exceeding one year;
          ``(2) who is a fugitive from justice;
          ``(3) who is an unlawful user of or addicted to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802));
          ``(4) who has been adjudicated as a mental defective or who 
        has been committed to a mental institution;
          ``(5) who, being an alien--
                  ``(A) is illegally or unlawfully in the United 
                States; or
                  ``(B) except as provided in subsection (y)(2), has 
                been admitted to the United States under a nonimmigrant 
                visa (as that term is defined in section 101(a)(26) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26)));
          ``(6) who has been discharged from the Armed Forces under 
        dishonorable conditions;
          ``(7) who, having been a citizen of the United States, has 
        renounced his citizenship;
          ``(8) who is subject to a court order that--
                  ``(A) was issued after a hearing of which such person 
                received actual notice, and at which such person had an 
                opportunity to participate;
                  ``(B) restrains such person from harassing, stalking, 
                or threatening an intimate partner of such person or 
                child of such intimate partner or person, or engaging 
                in other conduct that would place an intimate partner 
                in reasonable fear of bodily injury to the partner or 
                child; and
                  ``(C)(i) includes a finding that such person 
                represents a credible threat to the physical safety of 
                such intimate partner or child; or
                  ``(ii) by its terms explicitly prohibits the use, 
                attempted use, or threatened use of physical force 
                against such intimate partner or child that would 
                reasonably be expected to cause bodily injury; or
          ``(9) who has been convicted in any court of a misdemeanor 
        crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in 
or affecting commerce, any firearm or ammunition; or to receive any 
firearm or ammunition which has been shipped or transported in 
interstate or foreign commerce.
  ``(h) It shall be unlawful for any individual, who to that 
individual's knowledge and while being employed for any person 
described in any paragraph of subsection (g) of this section, in the 
course of such employment--
          ``(1) to receive, possess, or transport any firearm or 
        ammunition in or affecting interstate or foreign commerce; or
          ``(2) to receive any firearm or ammunition which has been 
        shipped or transported in interstate or foreign commerce.
  ``(i) It shall be unlawful for any person to transport or ship in 
interstate or foreign commerce, any stolen firearms or stolen 
ammunition, knowing or having reasonable cause to believe that the 
firearm or ammunition was stolen.
  ``(j) It shall be unlawful for any person to receive, possess, 
conceal, store, barter, sell, or dispose of any stolen firearm or 
stolen ammunition, or pledge or accept as security for a loan any 
stolen firearm or stolen ammunition, which is moving as, which is a 
part of, which constitutes, or which has been shipped or transported 
in, interstate or foreign commerce, either before or after it was 
stolen, knowing or having reasonable cause to believe that the firearm 
or ammunition was stolen.
  ``(k) It shall be unlawful for any person knowingly to transport, 
ship, or receive, in interstate or foreign commerce, any firearm which 
has had the importer's or manufacturer's serial number removed, 
obliterated, or altered or to possess or receive any firearm which has 
had the importer's or manufacturer's serial number removed, 
obliterated, or altered and has, at any time, been shipped or 
transported in interstate or foreign commerce.
  ``(l) Except as provided in section 585(d), it shall be unlawful for 
any person knowingly to import or bring into the United States or any 
possession thereof any firearm or ammunition; and it shall be unlawful 
for any person knowingly to receive any firearm or ammunition which has 
been imported or brought into the United States or any possession 
thereof in violation of the provisions of this chapter.
  ``(m) It shall be unlawful for any licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector knowingly to make 
any false entry in, to fail to make appropriate entry in, or to fail to 
properly maintain, any record which he is required to keep pursuant to 
section 583 or regulations promulgated thereunder.
  ``(n) It shall be unlawful for any person who is under indictment for 
a crime punishable by imprisonment for a term exceeding one year to 
ship or transport in interstate or foreign commerce any firearm or 
ammunition or receive any firearm or ammunition which has been shipped 
or transported in interstate or foreign commerce.
  ``(o)(1) Except as provided in paragraph (2), it shall be unlawful 
for any person to transfer or possess a machinegun.
  ``(2) This subsection does not apply with respect to--
          ``(A) a transfer to or by, or possession by or under the 
        authority of, the United States or any department or agency 
        thereof or a State, or a department, agency, or political 
        subdivision thereof; or
          ``(B) any lawful transfer or lawful possession of a 
        machinegun that was lawfully possessed before the date this 
        subsection takes effect.
  ``(p)(1) It shall be unlawful for any person to manufacture, import, 
sell, ship, deliver, possess, transfer, or receive any firearm--
          ``(A) that, after removal of grips, stocks, and magazines, is 
        not as detectable as the Security Exemplar, by walk-through 
        metal detectors calibrated and operated to detect the Security 
        Exemplar; or
          ``(B) any major component of which, when subjected to 
        inspection by the types of x-ray machines commonly used at 
        airports, does not generate an image that accurately depicts 
        the shape of the component. Barium sulfate or other compounds 
        may be used in the fabrication of the component.
  ``(2) For purposes of this subsection--
          ``(A) the term `firearm' does not include the frame or 
        receiver of any such weapon;
          ``(B) the term `major component' means, with respect to a 
        firearm, the barrel, the slide or cylinder, or the frame or 
        receiver of the firearm; and
          ``(C) the term `Security Exemplar' means an object, to be 
        fabricated at the direction of the Attorney General, that is--
                  ``(i) constructed of, during the 12-month period 
                beginning on the date of the enactment of this 
                subsection, 3.7 ounces of material type 17-4 PH 
                stainless steel in a shape resembling a handgun; and
                  ``(ii) suitable for testing and calibrating metal 
                detectors: Provided, however, That at the close of such 
                12-month period, and at appropriate times thereafter 
                the Attorney General shall promulgate regulations to 
                permit the manufacture, importation, sale, shipment, 
                delivery, possession, transfer, or receipt of firearms 
                previously prohibited under this subparagraph that are 
                as detectable as a `Security Exemplar' which contains 
                3.7 ounces of material type 17-4 PH stainless steel, in 
                a shape resembling a handgun, or such lesser amount as 
                is detectable in view of advances in state-of-the-art 
                developments in weapons detection technology.
  ``(3) Under such rules and regulations as the Attorney General shall 
prescribe, this subsection shall not apply to the manufacture, 
possession, transfer, receipt, shipment, or delivery of a firearm by a 
licensed manufacturer or any person acting pursuant to a contract with 
a licensed manufacturer, for the purpose of examining and testing such 
firearm to determine whether paragraph (1) applies to such firearm. The 
Attorney General shall ensure that rules and regulations adopted 
pursuant to this paragraph do not impair the manufacture of prototype 
firearms or the development of new technology.
  ``(4) The Attorney General shall permit the conditional importation 
of a firearm by a licensed importer or licensed manufacturer, for 
examination and testing to determine whether or not the unconditional 
importation of such firearm would violate this subsection.
  ``(5) This subsection shall not apply to any firearm which--
          ``(A) has been certified by the Secretary of Defense or the 
        Director of Central Intelligence, after consultation with the 
        Attorney General and the Administrator of the Federal Aviation 
        Administration, as necessary for military or intelligence 
        applications; and
          ``(B) is manufactured for and sold exclusively to military or 
        intelligence agencies of the United States.
  ``(6) This subsection shall not apply with respect to any firearm 
manufactured in, imported into, or possessed in the United States 
before the date of the enactment of the Undetectable Firearms Act of 
1988.
  ``(q)(1) The Congress finds and declares that--
          ``(A) crime, particularly crime involving drugs and guns, is 
        a pervasive, nationwide problem;
          ``(B) crime at the local level is exacerbated by the 
        interstate movement of drugs, guns, and criminal gangs;
          ``(C) firearms and ammunition move easily in interstate 
        commerce and have been found in increasing numbers in and 
        around schools, as documented in numerous hearings in both the 
        Committee on the Judiciary of the House of Representatives and 
        the Committee on the Judiciary of the Senate;
          ``(D) in fact, even before the sale of a firearm, the gun, 
        its component parts, ammunition, and the raw materials from 
        which they are made have considerably moved in interstate 
        commerce;
          ``(E) while criminals freely move from State to State, 
        ordinary citizens and foreign visitors may fear to travel to or 
        through certain parts of the country due to concern about 
        violent crime and gun violence, and parents may decline to send 
        their children to school for the same reason;
          ``(F) the occurrence of violent crime in school zones has 
        resulted in a decline in the quality of education in our 
        country;
          ``(G) this decline in the quality of education has an adverse 
        impact on interstate commerce and the foreign commerce of the 
        United States;
          ``(H) States, localities, and school systems find it almost 
        impossible to handle gun-related crime by themselves--even 
        States, localities, and school systems that have made strong 
        efforts to prevent, detect, and punish gun-related crime find 
        their efforts unavailing due in part to the failure or 
        inability of other States or localities to take strong 
        measures; and
          ``(I) the Congress has the power, under the interstate 
        commerce clause and other provisions of the Constitution, to 
        enact measures to ensure the integrity and safety of the 
        Nation's schools by enactment of this subsection.
  ``(2)(A) It shall be unlawful for any individual knowingly to possess 
a firearm that has moved in or that otherwise affects interstate or 
foreign commerce at a place that the individual knows, or has 
reasonable cause to believe, is a school zone.
  ``(B) Subparagraph (A) does not apply to the possession of a 
firearm--
          ``(i) on private property not part of school grounds;
          ``(ii) if the individual possessing the firearm is licensed 
        to do so by the State in which the school zone is located or a 
        political subdivision of the State, and the law of the State or 
        political subdivision requires that, before an individual 
        obtains such a license, the law enforcement authorities of the 
        State or political subdivision verify that the individual is 
        qualified under law to receive the license;
          ``(iii) that is--
                  ``(I) not loaded; and
                  ``(II) in a locked container, or a locked firearms 
                rack that is on a motor vehicle;
          ``(iv) by an individual for use in a program approved by a 
        school in the school zone;
          ``(v) by an individual in accordance with a contract entered 
        into between a school in the school zone and the individual or 
        an employer of the individual;
          ``(vi) by a law enforcement officer acting in his or her 
        official capacity; or
          ``(vii) that is unloaded and is possessed by an individual 
        while traversing school premises for the purpose of gaining 
        access to public or private lands open to hunting, if the entry 
        on school premises is authorized by school authorities.
  ``(3)(A) Except as provided in subparagraph (B), it shall be unlawful 
for any person, knowingly or with reckless disregard for the safety of 
another, to discharge or attempt to discharge a firearm that has moved 
in or that otherwise affects interstate or foreign commerce at a place 
that the person knows is a school zone.
  ``(B) Subparagraph (A) does not apply to the discharge of a firearm--
          ``(i) on private property not part of school grounds;
          ``(ii) as part of a program approved by a school in the 
        school zone, by an individual who is participating in the 
        program;
          ``(iii) by an individual in accordance with a contract 
        entered into between a school in a school zone and the 
        individual or an employer of the individual; or
          ``(iv) by a law enforcement officer acting in his or her 
        official capacity.
  ``(4) Nothing in this subsection shall be construed as preempting or 
preventing a State or local government from enacting a statute 
establishing gun free school zones as provided in this subsection.
  ``(r) It shall be unlawful for any person to assemble from imported 
parts any semiautomatic rifle or any shotgun which is identical to any 
rifle or shotgun prohibited from importation under section 585(d)(3) as 
not being particularly suitable for or readily adaptable to sporting 
purposes except that this subsection shall not apply to--
          ``(1) the assembly of any such rifle or shotgun for sale or 
        distribution by a licensed manufacturer to the United States or 
        any department or agency thereof or to any State or any 
        department, agency, or political subdivision thereof; or
          ``(2) the assembly of any such rifle or shotgun for the 
        purposes of testing or experimentation authorized by the 
        Attorney General.
  ``(s)(1) Beginning on the date that is 90 days after the date of 
enactment of this subsection and ending on the day before the date that 
is 60 months after such date of enactment, it shall be unlawful for any 
licensed importer, licensed manufacturer, or licensed dealer to sell, 
deliver, or transfer a handgun (other than the return of a handgun to 
the person from whom it was received) to an individual who is not 
licensed under section 583, unless--
          ``(A) after the most recent proposal of such transfer by the 
        transferee--
                  ``(i) the transferor has--
                          ``(I) received from the transferee a 
                        statement of the transferee containing the 
                        information described in paragraph (3);
                          ``(II) verified the identity of the 
                        transferee by examining the identification 
                        document presented;
                          ``(III) within 1 day after the transferee 
                        furnishes the statement, provided notice of the 
                        contents of the statement to the chief law 
                        enforcement officer of the place of residence 
                        of the transferee; and
                          ``(IV) within 1 day after the transferee 
                        furnishes the statement, transmitted a copy of 
                        the statement to the chief law enforcement 
                        officer of the place of residence of the 
                        transferee; and
                  ``(ii)(I) 5 business days (meaning days on which 
                State offices are open) have elapsed from the date the 
                transferor furnished notice of the contents of the 
                statement to the chief law enforcement officer, during 
                which period the transferor has not received 
                information from the chief law enforcement officer that 
                receipt or possession of the handgun by the transferee 
                would be in violation of Federal, State, or local law; 
                or
                  ``(II) the transferor has received notice from the 
                chief law enforcement officer that the officer has no 
                information indicating that receipt or possession of 
                the handgun by the transferee would violate Federal, 
                State, or local law;
          ``(B) the transferee has presented to the transferor a 
        written statement, issued by the chief law enforcement officer 
        of the place of residence of the transferee during the 10-day 
        period ending on the date of the most recent proposal of such 
        transfer by the transferee, stating that the transferee 
        requires access to a handgun because of a threat to the life of 
        the transferee or of any member of the household of the 
        transferee;
          ``(C)(i) the transferee has presented to the transferor a 
        permit that--
                  ``(I) allows the transferee to possess or acquire a 
                handgun; and
                  ``(II) was issued not more than 5 years earlier by 
                the State in which the transfer is to take place; and
          ``(ii) the law of the State provides that such a permit is to 
        be issued only after an authorized government official has 
        verified that the information available to such official does 
        not indicate that possession of a handgun by the transferee 
        would be in violation of the law;
          ``(D) the law of the State requires that, before any licensed 
        importer, licensed manufacturer, or licensed dealer completes 
        the transfer of a handgun to an individual who is not licensed 
        under section 583, an authorized government official verify 
        that the information available to such official does not 
        indicate that possession of a handgun by the transferee would 
        be in violation of law;
          ``(E) the Attorney General has approved the transfer under 
        section 5812 of the Internal Revenue Code of 1986; or
          ``(F) on application of the transferor, the Attorney General 
        has certified that compliance with subparagraph (A)(i)(III) is 
        impracticable because--
                  ``(i) the ratio of the number of law enforcement 
                officers of the State in which the transfer is to occur 
                to the number of square miles of land area of the State 
                does not exceed 0.0025;
                  ``(ii) the business premises of the transferor at 
                which the transfer is to occur are extremely remote in 
                relation to the chief law enforcement officer; and
                  ``(iii) there is an absence of telecommunications 
                facilities in the geographical area in which the 
                business premises are located.
  ``(2) A chief law enforcement officer to whom a transferor has 
provided notice pursuant to paragraph (1)(A)(i)(III) shall make a 
reasonable effort to ascertain within 5 business days whether receipt 
or possession would be in violation of the law, including research in 
whatever State and local recordkeeping systems are available and in a 
national system designated by the Attorney General.
  ``(3) The statement referred to in paragraph (1)(A)(i)(I) shall 
contain only--
          ``(A) the name, address, and date of birth appearing on a 
        valid identification document (as defined in section 1028(d)(1) 
        of the transferee containing a photograph of the transferee and 
        a description of the identification used;
          ``(B) a statement that the transferee--
                  ``(i) is not under indictment for, and has not been 
                convicted in any court of, a crime punishable by 
                imprisonment for a term exceeding 1 year, and has not 
                been convicted in any court of a misdemeanor crime of 
                domestic violence;
                  ``(ii) is not a fugitive from justice;
                  ``(iii) is not an unlawful user of or addicted to any 
                controlled substance (as defined in section 102 of the 
                Controlled Substances Act);
                  ``(iv) has not been adjudicated as a mental defective 
                or been committed to a mental institution;
                  ``(v) is not an alien who--
                          ``(I) is illegally or unlawfully in the 
                        United States; or
                          ``(II) subject to subsection (y)(2), has been 
                        admitted to the United States under a 
                        nonimmigrant visa (as that term is defined in 
                        section 101(a)(26) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(a)(26)));
                  ``(vi) has not been discharged from the Armed Forces 
                under dishonorable conditions; and
                  ``(vii) is not a person who, having been a citizen of 
                the United States, has renounced such citizenship;
          ``(C) the date the statement is made; and
          ``(D) notice that the transferee intends to obtain a handgun 
        from the transferor.
  ``(4) Any transferor of a handgun who, after such transfer, receives 
a report from a chief law enforcement officer containing information 
that receipt or possession of the handgun by the transferee violates 
Federal, State, or local law shall, within 1 business day after receipt 
of such request, communicate any information related to the transfer 
that the transferor has about the transfer and the transferee to--
          ``(A) the chief law enforcement officer of the place of 
        business of the transferor; and
          ``(B) the chief law enforcement officer of the place of 
        residence of the transferee.
  ``(5) Any transferor who receives information, not otherwise 
available to the public, in a report under this subsection shall not 
disclose such information except to the transferee, to law enforcement 
authorities, or pursuant to the direction of a court of law.
  ``(6)(A) Any transferor who sells, delivers, or otherwise transfers a 
handgun to a transferee shall retain the copy of the statement of the 
transferee with respect to the handgun transaction, and shall retain 
evidence that the transferor has complied with subclauses (III) and 
(IV) of paragraph (1)(A)(i) with respect to the statement.
  ``(B) Unless the chief law enforcement officer to whom a statement is 
transmitted under paragraph (1)(A)(i)(IV) determines that a transaction 
would violate Federal, State, or local law--
          ``(i) the officer shall, within 20 business days after the 
        date the transferee made the statement on the basis of which 
        the notice was provided, destroy the statement, any record 
        containing information derived from the statement, and any 
        record created as a result of the notice required by paragraph 
        (1)(A)(i)(III);
          ``(ii) the information contained in the statement shall not 
        be conveyed to any person except a person who has a need to 
        know in order to carry out this subsection; and
          ``(iii) the information contained in the statement shall not 
        be used for any purpose other than to carry out this 
        subsection.
  ``(C) If a chief law enforcement officer determines that an 
individual is ineligible to receive a handgun and the individual 
requests the officer to provide the reason for such determination, the 
officer shall provide such reasons to the individual in writing within 
20 business days after receipt of the request.
  ``(7) A chief law enforcement officer or other person responsible for 
providing criminal history background information pursuant to this 
subsection shall not be liable in an action at law for damages--
          ``(A) for failure to prevent the sale or transfer of a 
        handgun to a person whose receipt or possession of the handgun 
        is unlawful under this section; or
          ``(B) for preventing such a sale or transfer to a person who 
        may lawfully receive or possess a handgun.
  ``(8) For purposes of this subsection, the term `chief law 
enforcement officer' means the chief of police, the sheriff, or an 
equivalent officer or the designee of any such individual.
  ``(9) The Attorney General shall take necessary actions to ensure 
that the provisions of this subsection are published and disseminated 
to licensed dealers, law enforcement officials, and the public.
  ``(t)(1) Beginning on the date that is 30 days after the Attorney 
General notifies licensees under section 103(d) of the Brady Handgun 
Violence Prevention Act that the national instant criminal background 
check system is established, a licensed importer, licensed 
manufacturer, or licensed dealer shall not transfer a firearm to any 
other person who is not licensed under this chapter, unless--
          ``(A) before the completion of the transfer, the licensee 
        contacts the national instant criminal background check system 
        established under section 103 of that Act;
          ``(B)(i) the system provides the licensee with a unique 
        identification number; or
          ``(ii) 3 business days (meaning a day on which State offices 
        are open) have elapsed since the licensee contacted the system, 
        and the system has not notified the licensee that the receipt 
        of a firearm by such other person would violate subsection (g) 
        or (n) of this section; and
          ``(C) the transferor has verified the identity of the 
        transferee by examining a valid identification document (as 
        defined in section 1028(d) of this title) of the transferee 
        containing a photograph of the transferee.
  ``(2) If receipt of a firearm would not violate subsection (g) or (n) 
or State law, the system shall--
          ``(A) assign a unique identification number to the transfer;
          ``(B) provide the licensee with the number; and
          ``(C) destroy all records of the system with respect to the 
        call (other than the identifying number and the date the number 
        was assigned) and all records of the system relating to the 
        person or the transfer.
  ``(3) Paragraph (1) shall not apply to a firearm transfer between a 
licensee and another person if--
          ``(A)(i) such other person has presented to the licensee a 
        permit that--
                  ``(I) allows such other person to possess or acquire 
                a firearm; and
                  ``(II) was issued not more than 5 years earlier by 
                the State in which the transfer is to take place; and
          ``(ii) the law of the State provides that such a permit is to 
        be issued only after an authorized government official has 
        verified that the information available to such official does 
        not indicate that possession of a firearm by such other person 
        would be in violation of law;
          ``(B) the Attorney General has approved the transfer under 
        section 5812 of the Internal Revenue Code of 1986; or
          ``(C) on application of the transferor, the Attorney General 
        has certified that compliance with paragraph (1)(A) is 
        impracticable because--
                  ``(i) the ratio of the number of law enforcement 
                officers of the State in which the transfer is to occur 
                to the number of square miles of land area of the State 
                does not exceed 0.0025;
                  ``(ii) the business premises of the licensee at which 
                the transfer is to occur are extremely remote in 
                relation to the chief law enforcement officer (as 
                defined in subsection (s)(8)); and
                  ``(iii) there is an absence of telecommunications 
                facilities in the geographical area in which the 
                business premises are located.
  ``(4) If the national instant criminal background check system 
notifies the licensee that the information available to the system does 
not demonstrate that the receipt of a firearm by such other person 
would violate subsection (g) or (n) or State law, and the licensee 
transfers a firearm to such other person, the licensee shall include in 
the record of the transfer the unique identification number provided by 
the system with respect to the transfer.
  ``(5) If the licensee knowingly transfers a firearm to such other 
person and knowingly fails to comply with paragraph (1) of this 
subsection with respect to the transfer and, at the time such other 
person most recently proposed the transfer, the national instant 
criminal background check system was operating and information was 
available to the system demonstrating that receipt of a firearm by such 
other person would violate subsection (g) or (n) of this section or 
State law, the Attorney General may, after notice and opportunity for a 
hearing, suspend for not more than 6 months or revoke any license 
issued to the licensee under section 583, and may impose on the 
licensee a civil fine of not more than $5,000.
  ``(6) Neither a local government nor an employee of the Federal 
Government or of any State or local government, responsible for 
providing information to the national instant criminal background check 
system shall be liable in an action at law for damages--
          ``(A) for failure to prevent the sale or transfer of a 
        firearm to a person whose receipt or possession of the firearm 
        is unlawful under this section; or
          ``(B) for preventing such a sale or transfer to a person who 
        may lawfully receive or possess a firearm.
  ``(u) It shall be unlawful for a person to steal or unlawfully take 
or carry away from the person or the premises of a person who is 
licensed to engage in the business of importing, manufacturing, or 
dealing in firearms, any firearm in the licensee's business inventory 
that has been shipped or transported in interstate or foreign commerce.
  ``(v)(1) It shall be unlawful for a person to sell, deliver, or 
otherwise transfer to a person who the transferor knows or has 
reasonable cause to believe is a juvenile--
          ``(A) a handgun; or
          ``(B) ammunition that is suitable for use only in a handgun.
  ``(2) It shall be unlawful for any person who is a juvenile to 
knowingly possess--
          ``(A) a handgun; or
          ``(B) ammunition that is suitable for use only in a handgun.
  ``(3) This subsection does not apply to--
          ``(A) a temporary transfer of a handgun or ammunition to a 
        juvenile or to the possession or use of a handgun or ammunition 
        by a juvenile if the handgun and ammunition are possessed and 
        used by the juvenile--
                  ``(i) in the course of employment, in the course of 
                ranching or farming related to activities at the 
                residence of the juvenile (or on property used for 
                ranching or farming at which the juvenile, with the 
                permission of the property owner or lessee, is 
                performing activities related to the operation of the 
                farm or ranch), target practice, hunting, or a course 
                of instruction in the safe and lawful use of a handgun;
                  ``(ii) with the prior written consent of the 
                juvenile's parent or guardian who is not prohibited by 
                Federal, State, or local law from possessing a firearm, 
                except--
                          ``(I) during transportation by the juvenile 
                        of an unloaded handgun in a locked container 
                        directly from the place of transfer to a place 
                        at which an activity described in clause (i) is 
                        to take place and transportation by the 
                        juvenile of that handgun, unloaded and in a 
                        locked container, directly from the place at 
                        which such an activity took place to the 
                        transferor; or
                          ``(II) with respect to ranching or farming 
                        activities as described in clause (i), a 
                        juvenile may possess and use a handgun or 
                        ammunition with the prior written approval of 
                        the juvenile's parent or legal guardian and at 
                        the direction of an adult who is not prohibited 
                        by Federal, State or local law from possessing 
                        a firearm; or
                  ``(iii) the juvenile has the prior written consent in 
                the juvenile's possession at all times when a handgun 
                is in the possession of the juvenile; and
                  ``(iv) in accordance with State and local law;
          ``(B) a juvenile who is a member of the Armed Forces of the 
        United States or the National Guard who possesses or is armed 
        with a handgun in the line of duty;
          ``(C) a transfer by inheritance of title (but not possession) 
        of a handgun or ammunition to a juvenile; or
          ``(D) the possession of a handgun or ammunition by a juvenile 
        taken in defense of the juvenile or other persons against an 
        intruder into the residence of the juvenile or a residence in 
        which the juvenile is an invited guest.
  ``(4) A handgun or ammunition, the possession of which is transferred 
to a juvenile in circumstances in which the transferor is not in 
violation of this subsection shall not be subject to permanent 
confiscation by the Government if its possession by the juvenile 
subsequently becomes unlawful because of the conduct of the juvenile, 
but shall be returned to the lawful owner when such handgun or 
ammunition is no longer required by the Government for the purposes of 
investigation or prosecution.
  ``(5) For purposes of this subsection, the term `juvenile' means a 
person who is less than 18 years of age.
  ``(6)(A) In a prosecution of a violation of this subsection, the 
court shall require the presence of a juvenile defendant's parent or 
legal guardian at all proceedings.
  ``(B) The court may use the contempt power to enforce subparagraph 
(A).
  ``(C) The court may excuse attendance of a parent or legal guardian 
of a juvenile defendant at a proceeding in a prosecution of a violation 
of this subsection for good cause shown.
  ``(w) Provisions Relating to Aliens Admitted Under Nonimmigrant 
Visas.--
          ``(1) Definitions.--In this subsection--
                  ``(A) the term `alien' has the same meaning as in 
                section 101(a)(3) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(3)); and
                  ``(B) the term `nonimmigrant visa' has the same 
                meaning as in section 101(a)(26) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(26)).
          ``(2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B), and 
        (s)(3)(B)(v)(II) do not apply to any alien who has been 
        lawfully admitted to the United States under a nonimmigrant 
        visa, if that alien is--
                  ``(A) admitted to the United States for lawful 
                hunting or sporting purposes or is in possession of a 
                hunting license or permit lawfully issued in the United 
                States;
                  ``(B) an official representative of a foreign 
                government who is--
                          ``(i) accredited to the United States 
                        Government or the Government's mission to an 
                        international organization having its 
                        headquarters in the United States; or
                          ``(ii) en route to or from another country to 
                        which that alien is accredited;
                  ``(C) an official of a foreign government or a 
                distinguished foreign visitor who has been so 
                designated by the Department of State; or
                  ``(D) a foreign law enforcement officer of a friendly 
                foreign government entering the United States on 
                official law enforcement business.
          ``(3) Waiver.--
                  ``(A) Conditions for waiver.--Any individual who has 
                been admitted to the United States under a nonimmigrant 
                visa may receive a waiver from the requirements of 
                subsection (g)(5), if--
                          ``(i) the individual submits to the Attorney 
                        General a petition that meets the requirements 
                        of subparagraph (C); and
                          ``(ii) the Attorney General approves the 
                        petition.
                  ``(B) Petition.--Each petition under subparagraph (B) 
                shall--
                          ``(i) demonstrate that the petitioner has 
                        resided in the United States for a continuous 
                        period of not less than 180 days before the 
                        date on which the petition is submitted under 
                        this paragraph; and
                          ``(ii) include a written statement from the 
                        embassy or consulate of the petitioner, 
                        authorizing the petitioner to acquire a firearm 
                        or ammunition and certifying that the alien 
                        would not, absent the application of subsection 
                        (g)(5)(B), otherwise be prohibited from such 
                        acquisition under subsection (g).
                  ``(C) Approval of petition.--The Attorney General 
                shall approve a petition submitted in accordance with 
                this paragraph, if the Attorney General determines that 
                waiving the requirements of subsection (g)(5)(B) with 
                respect to the petitioner--
                          ``(i) would be in the interests of justice; 
                        and
                          ``(ii) would not jeopardize the public 
                        safety.
  ``(x) Secure Gun Storage or Safety Device.--
          ``(1) In general.--Except as provided under paragraph (2), it 
        shall be unlawful for any licensed importer, licensed 
        manufacturer, or licensed dealer to sell, deliver, or transfer 
        any handgun to any person other than any person licensed under 
        this chapter, unless the transferee is provided with a secure 
        gun storage or safety device (as defined in section 921(a)(34)) 
        for that handgun.
          ``(2) Exceptions.--Paragraph (1) shall not apply to--
                  ``(A)(i) the manufacture for, transfer to, or 
                possession by, the United States, a department or 
                agency of the United States, a State, or a department, 
                agency, or political subdivision of a State, of a 
                handgun; or
                          ``(ii) the transfer to, or possession by, a 
                        law enforcement officer employed by an entity 
                        referred to in clause (i) of a handgun for law 
                        enforcement purposes (whether on or off duty); 
                        or
                  ``(B) the transfer to, or possession by, a rail 
                police officer employed by a rail carrier and certified 
                or commissioned as a police officer under the laws of a 
                State of a handgun for purposes of law enforcement 
                (whether on or off duty);
                  ``(C) the transfer to any person of a handgun listed 
                as a curio or relic by the Secretary pursuant to 
                section 921(a)(13); or
                  ``(D) the transfer to any person of a handgun for 
                which a secure gun storage or safety device is 
                temporarily unavailable for the reasons described in 
                the exceptions stated in section 923(e), if the 
                licensed manufacturer, licensed importer, or licensed 
                dealer delivers to the transferee within 10 calendar 
                days from the date of the delivery of the handgun to 
                the transferee a secure gun storage or safety device 
                for the handgun.
          ``(3) Liability for use.--
                  ``(A) In general.--Notwithstanding any other 
                provision of law, a person who has lawful possession 
                and control of a handgun, and who uses a secure gun 
                storage or safety device with the handgun, shall be 
                entitled to immunity from a qualified civil liability 
                action.
                  ``(B) Prospective actions.--A qualified civil 
                liability action may not be brought in any Federal or 
                State court.
                  ``(C) Defined term.--As used in this paragraph, the 
                term `qualified civil liability action'--
                          ``(i) means a civil action brought by any 
                        person against a person described in 
                        subparagraph (A) for damages resulting from the 
                        criminal or unlawful misuse of the handgun by a 
                        third party, if--
                                  ``(I) the handgun was accessed by 
                                another person who did not have the 
                                permission or authorization of the 
                                person having lawful possession and 
                                control of the handgun to have access 
                                to it; and
                                  ``(II) at the time access was gained 
                                by the person not so authorized, the 
                                handgun had been made inoperable by use 
                                of a secure gun storage or safety 
                                device; and
                          ``(ii) shall not include an action brought 
                        against the person having lawful possession and 
                        control of the handgun for negligent 
                        entrustment or negligence per se.

``Sec. 583. Licensing

  ``(a) No person shall engage in the business of importing, 
manufacturing, or dealing in firearms, or importing or manufacturing 
ammunition, until he has filed an application with and received a 
license to do so from the Attorney General. The application shall be in 
such form and contain only that information necessary to determine 
eligibility for licensing as the Attorney General shall by regulation 
prescribe and shall include a photograph and fingerprints of the 
applicant. Each applicant shall pay a fee for obtaining such a license, 
a separate fee being required for each place in which the applicant is 
to do business, as follows:
          ``(1) If the applicant is a manufacturer--
                  ``(A) of destructive devices, ammunition for 
                destructive devices or armor piercing ammunition, a fee 
                of $1,000 per year;
                  ``(B) of firearms other than destructive devices, a 
                fee of $50 per year; or
                  ``(C) of ammunition for firearms, other than 
                ammunition for destructive devices or armor piercing 
                ammunition, a fee of $10 per year.
          ``(2) If the applicant is an importer--
                  ``(A) of destructive devices, ammunition for 
                destructive devices or armor piercing ammunition, a fee 
                of $1,000 per year; or
                  ``(B) of firearms other than destructive devices or 
                ammunition for firearms other than destructive devices, 
                or ammunition other than armor piercing ammunition, a 
                fee of $50 per year.
          ``(3) If the applicant is a dealer--
                  ``(A) in destructive devices or ammunition for 
                destructive devices, a fee of $1,000 per year; or
                  ``(B) who is not a dealer in destructive devices, a 
                fee of $200 for 3 years, except that the fee for 
                renewal of a valid license shall be $90 for 3 years.
  ``(b) Any person desiring to be licensed as a collector shall file an 
application for such license with the Attorney General. The application 
shall be in such form and contain only that information necessary to 
determine eligibility as the Attorney General shall by regulation 
prescribe. The fee for such license shall be $10 per year. Any license 
granted under this subsection shall only apply to transactions in 
curios and relics.
  ``(c) Upon the filing of a proper application and payment of the 
prescribed fee, the Attorney General shall issue to a qualified 
applicant the appropriate license which, subject to the provisions of 
this chapter and other applicable provisions of law, shall entitle the 
licensee to transport, ship, and receive firearms and ammunition 
covered by such license in interstate or foreign commerce during the 
period stated in the license. Nothing in this chapter shall be 
construed to prohibit a licensed manufacturer, importer, or dealer from 
maintaining and disposing of a personal collection of firearms, subject 
only to such restrictions as apply in this chapter to dispositions by a 
person other than a licensed manufacturer, importer, or dealer. If any 
firearm is so disposed of by a licensee within one year after its 
transfer from his business inventory into such licensee's personal 
collection or if such disposition or any other acquisition is made for 
the purpose of willfully evading the restrictions placed upon licensees 
by this chapter, then such firearm shall be deemed part of such 
licensee's business inventory, except that any licensed manufacturer, 
importer, or dealer who has maintained a firearm as part of a personal 
collection for one year and who sells or otherwise disposes of such 
firearm shall record the description of the firearm in a bound volume, 
containing the name and place of residence and date of birth of the 
transferee if the transferee is an individual, or the identity and 
principal and local places of business of the transferee if the 
transferee is a corporation or other business entity: Provided, That no 
other recordkeeping shall be required.
  ``(d)(1) Any application submitted under subsection (a) or (b) of 
this section shall be approved if--
          ``(A) the applicant is twenty-one years of age or over;
          ``(B) the applicant (including, in the case of a corporation, 
        partnership, or association, any individual possessing, 
        directly or indirectly, the power to direct or cause the 
        direction of the management and policies of the corporation, 
        partnership, or association) is not prohibited from 
        transporting, shipping, or receiving firearms or ammunition in 
        interstate or foreign commerce under section 582(g) and (n);
          ``(C) the applicant has not willfully violated any of the 
        provisions of this chapter or regulations issued thereunder;
          ``(D) the applicant has not willfully failed to disclose any 
        material information required, or has not made any false 
        statement as to any material fact, in connection with his 
        application;
          ``(E) the applicant has in a State (i) premises from which he 
        conducts business subject to license under this chapter or from 
        which he intends to conduct such business within a reasonable 
        period of time, or (ii) in the case of a collector, premises 
        from which he conducts his collecting subject to license under 
        this chapter or from which he intends to conduct such 
        collecting within a reasonable period of time;
          ``(F) the applicant certifies that--
                  ``(i) the business to be conducted under the license 
                is not prohibited by State or local law in the place 
                where the licensed premise is located;
                  ``(ii)(I) within 30 days after the application is 
                approved the business will comply with the requirements 
                of State and local law applicable to the conduct of the 
                business; and
                  ``(II) the business will not be conducted under the 
                license until the requirements of State and local law 
                applicable to the business have been met; and
                  ``(iii) that the applicant has sent or delivered a 
                form to be prescribed by the Attorney General, to the 
                chief law enforcement officer of the locality in which 
                the premises are located, which indicates that the 
                applicant intends to apply for a Federal firearms 
                license; and
          ``(G) in the case of an application to be licensed as a 
        dealer, the applicant certifies that secure gun storage or 
        safety devices will be available at any place in which firearms 
        are sold under the license to persons who are not licensees 
        (subject to the exception that in any case in which a secure 
        gun storage or safety device is temporarily unavailable because 
        of theft, casualty loss, consumer sales, backorders from a 
        manufacturer, or any other similar reason beyond the control of 
        the licensee, the dealer shall not be considered to be in 
        violation of the requirement under this subparagraph to make 
        available such a device).
  ``(2) The Attorney General must approve or deny an application for a 
license within the 60-day period beginning on the date it is received. 
If the Attorney General fails to act within such period, the applicant 
may file an action under section 1361 of title 28 to compel the 
Attorney General to act. If the Attorney General approves an 
applicant's application, such applicant shall be issued a license upon 
the payment of the prescribed fee.
  ``(e) The Attorney General may, after notice and opportunity for 
hearing, revoke any license issued under this section if the holder of 
such license has willfully violated any provision of this chapter or 
any rule or regulation prescribed by the Attorney General under this 
chapter or fails to have secure gun storage or safety devices available 
at any place in which firearms are sold under the license to persons 
who are not licensees (except that in any case in which a secure gun 
storage or safety device is temporarily unavailable because of theft, 
casualty loss, consumer sales, backorders from a manufacturer, or any 
other similar reason beyond the control of the licensee, the dealer 
shall not be considered to be in violation of the requirement to make 
available such a device). The Attorney General may, after notice and 
opportunity for hearing, revoke the license of a dealer who willfully 
transfers armor piercing ammunition. The Attorney General's action 
under this subsection may be reviewed only as provided in subsection 
(f) of this section.
  ``(f)(1) Any person whose application for a license is denied and any 
holder of a license which is revoked shall receive a written notice 
from the Attorney General stating specifically the grounds upon which 
the application was denied or upon which the license was revoked. Any 
notice of a revocation of a license shall be given to the holder of 
such license before the effective date of the revocation.
  ``(2) If the Attorney General denies an application for, or revokes, 
a license, he shall, upon request by the aggrieved party, promptly hold 
a hearing to review his denial or revocation. In the case of a 
revocation of a license, the Attorney General shall upon the request of 
the holder of the license stay the effective date of the revocation. A 
hearing held under this paragraph shall be held at a location 
convenient to the aggrieved party.
  ``(3) If after a hearing held under paragraph (2) the Attorney 
General decides not to reverse his decision to deny an application or 
revoke a license, the Attorney General shall give notice of his 
decision to the aggrieved party. The aggrieved party may at any time 
within sixty days after the date notice was given under this paragraph 
file a petition with the United States district court for the district 
in which he resides or has his principal place of business for a de 
novo judicial review of such denial or revocation. In a proceeding 
conducted under this subsection, the court may consider any evidence 
submitted by the parties to the proceeding whether or not such evidence 
was considered at the hearing held under paragraph (2). If the court 
decides that the Attorney General was not authorized to deny the 
application or to revoke the license, the court shall order the 
Attorney General to take such action as may be necessary to comply with 
the judgment of the court.
  ``(4) If criminal proceedings are instituted against a licensee 
alleging any violation of this chapter or of rules or regulations 
prescribed under this chapter, and the licensee is acquitted of such 
charges, or such proceedings are terminated, other than upon motion of 
the Government before trial upon such charges, the Attorney General 
shall be absolutely barred from denying or revoking any license granted 
under this chapter where such denial or revocation is based in whole or 
in part on the facts which form the basis of such criminal charges. No 
proceedings for the revocation of a license shall be instituted by the 
Attorney General more than one year after the filing of the indictment 
or information.
  ``(g)(1)(A) Each licensed importer, licensed manufacturer, and 
licensed dealer shall maintain such records of importation, production, 
shipment, receipt, sale, or other disposition of firearms at his place 
of business for such period, and in such form, as the Attorney General 
may by regulations prescribe. Such importers, manufacturers, and 
dealers shall not be required to submit to the Attorney General reports 
and information with respect to such records and the contents thereof, 
except as expressly required by this section. The Attorney General, 
when he has reasonable cause to believe a violation of this chapter has 
occurred and that evidence thereof may be found on such premises, may, 
upon demonstrating such cause before a Federal magistrate judge and 
securing from such magistrate judge a warrant authorizing entry, enter 
during business hours the premises (including places of storage) of any 
licensed firearms importer, licensed manufacturer, licensed dealer, 
licensed collector, or any licensed importer or manufacturer of 
ammunition, for the purpose of inspecting or examining--
          ``(i) any records or documents required to be kept by such 
        licensed importer, licensed manufacturer, licensed dealer, or 
        licensed collector under this chapter or rules or regulations 
        under this chapter, and
          ``(ii) any firearms or ammunition kept or stored by such 
        licensed importer, licensed manufacturer, licensed dealer, or 
        licensed collector, at such premises.
  ``(B) The Attorney General may inspect or examine the inventory and 
records of a licensed importer, licensed manufacturer, or licensed 
dealer without such reasonable cause or warrant--
          ``(i) in the course of a reasonable inquiry during the course 
        of a criminal investigation of a person or persons other than 
        the licensee;
          ``(ii) for ensuring compliance with the record keeping 
        requirements of this chapter--
                  ``(I) not more than once during any 12-month period; 
                or
                  ``(II) at any time with respect to records relating 
                to a firearm involved in a criminal investigation that 
                is traced to the licensee; or
          ``(iii) when such inspection or examination may be required 
        for determining the disposition of one or more particular 
        firearms in the course of a bona fide criminal investigation.
  ``(C) The Attorney General may inspect the inventory and records of a 
licensed collector without such reasonable cause or warrant--
          ``(i) for ensuring compliance with the record keeping 
        requirements of this chapter not more than once during any 
        twelve-month period; or
          ``(ii) when such inspection or examination may be required 
        for determining the disposition of one or more particular 
        firearms in the course of a bona fide criminal investigation.
  ``(D) At the election of a licensed collector, the annual inspection 
of records and inventory permitted under this paragraph shall be 
performed at the office of the Attorney General designated for such 
inspections which is located in closest proximity to the premises where 
the inventory and records of such licensed collector are maintained. 
The inspection and examination authorized by this paragraph shall not 
be construed as authorizing the Attorney General to seize any records 
or other documents other than those records or documents constituting 
material evidence of a violation of law. If the Attorney General seizes 
such records or documents, copies shall be provided the licensee within 
a reasonable time. The Attorney General may make available to any 
Federal, State, or local law enforcement agency any information which 
he may obtain by reason of this chapter with respect to the 
identification of persons prohibited from purchasing or receiving 
firearms or ammunition who have purchased or received firearms or 
ammunition, together with a description of such firearms or ammunition, 
and he may provide information to the extent such information may be 
contained in the records required to be maintained by this chapter, 
when so requested by any Federal, State, or local law enforcement 
agency.
  ``(2) Each licensed collector shall maintain in a bound volume the 
nature of which the Attorney General may by regulations prescribe, 
records of the receipt, sale, or other disposition of firearms. Such 
records shall include the name and address of any person to whom the 
collector sells or otherwise disposes of a firearm. Such collector 
shall not be required to submit to the Attorney General reports and 
information with respect to such records and the contents thereof, 
except as expressly required by this section.
  ``(3)(A) Each licensee shall prepare a report of multiple sales or 
other dispositions whenever the licensee sells or otherwise disposes 
of, at one time or during any five consecutive business days, two or 
more pistols, or revolvers, or any combination of pistols and revolvers 
totalling two or more, to an unlicensed person. The report shall be 
prepared on a form specified by the Attorney General and forwarded to 
the office specified thereon and to the department of State police or 
State law enforcement agency of the State or local law enforcement 
agency of the local jurisdiction in which the sale or other disposition 
took place, not later than the close of business on the day that the 
multiple sale or other disposition occurs.
  ``(B) Except in the case of forms and contents thereof regarding a 
purchaser who is prohibited by subsection (g) or (n) of section 582 of 
this title from receipt of a firearm, the department of State police or 
State law enforcement agency or local law enforcement agency of the 
local jurisdiction shall not disclose any such form or the contents 
thereof to any person or entity, and shall destroy each such form and 
any record of the contents thereof no more than 20 days from the date 
such form is received. No later than the date that is 6 months after 
the effective date of this subparagraph, and at the end of each 6-month 
period thereafter, the department of State police or State law 
enforcement agency or local law enforcement agency of the local 
jurisdiction shall certify to the Attorney General of the United States 
that no disclosure contrary to this subparagraph has been made and that 
all forms and any record of the contents thereof have been destroyed as 
provided in this subparagraph.
  ``(4) Where a firearms or ammunition business is discontinued and 
succeeded by a new licensee, the records required to be kept by this 
chapter shall appropriately reflect such facts and shall be delivered 
to the successor. Where discontinuance of the business is absolute, 
such records shall be delivered within thirty days after the business 
discontinuance to the Attorney General. However, where State law or 
local ordinance requires the delivery of records to other responsible 
authority, the Attorney General may arrange for the delivery of such 
records to such other responsible authority.
  ``(5)(A) Each licensee shall, when required by letter issued by the 
Attorney General, and until notified to the contrary in writing by the 
Attorney General, submit on a form specified by the Attorney General, 
for periods and at the times specified in such letter, all record 
information required to be kept by this chapter or such lesser record 
information as the Attorney General in such letter may specify.
  ``(B) The Attorney General may authorize such record information to 
be submitted in a manner other than that prescribed in subparagraph (A) 
of this paragraph when it is shown by a licensee that an alternate 
method of reporting is reasonably necessary and will not unduly hinder 
the effective administration of this chapter. A licensee may use an 
alternate method of reporting if the licensee describes the proposed 
alternate method of reporting and the need therefor in a letter 
application submitted to the Attorney General, and the Attorney General 
approves such alternate method of reporting.
  ``(6) Each licensee shall report the theft or loss of a firearm from 
the licensee's inventory or collection, within 48 hours after the theft 
or loss is discovered, to the Attorney General and to the appropriate 
local authorities.
  ``(7) Each licensee shall respond immediately to, and in no event 
later than 24 hours after the receipt of, a request by the Attorney 
General for information contained in the records required to be kept by 
this chapter as may be required for determining the disposition of 1 or 
more firearms in the course of a bona fide criminal investigation. The 
requested information shall be provided orally or in writing, as the 
Attorney General may require. The Attorney General shall implement a 
system whereby the licensee can positively identify and establish that 
an individual requesting information via telephone is employed by and 
authorized by the agency to request such information.
  ``(h) Licenses issued under the provisions of subsection (c) of this 
section shall be kept posted and kept available for inspection on the 
premises covered by the license.
  ``(i) Licensed importers and licensed manufacturers shall identify by 
means of a serial number engraved or cast on the receiver or frame of 
the weapon, in such manner as the Attorney General shall by regulations 
prescribe, each firearm imported or manufactured by such importer or 
manufacturer.
  ``(j) A licensed importer, licensed manufacturer, or licensed dealer 
may, under rules or regulations prescribed by the Attorney General, 
conduct business temporarily at a location other than the location 
specified on the license if such temporary location is the location for 
a gun show or event sponsored by any national, State, or local 
organization, or any affiliate of any such organization devoted to the 
collection, competitive use, or other sporting use of firearms in the 
community, and such location is in the State which is specified on the 
license. Records of receipt and disposition of firearms transactions 
conducted at such temporary location shall include the location of the 
sale or other disposition and shall be entered in the permanent records 
of the licensee and retained on the location specified on the license. 
Nothing in this subsection shall authorize any licensee to conduct 
business in or from any motorized or towed vehicle. Notwithstanding the 
provisions of subsection (a) of this section, a separate fee shall not 
be required of a licensee with respect to business conducted under this 
subsection. Any inspection or examination of inventory or records under 
this chapter by the Attorney General at such temporary location shall 
be limited to inventory consisting of, or records relating to, firearms 
held or disposed at such temporary location. Nothing in this subsection 
shall be construed to authorize the Attorney General to inspect or 
examine the inventory or records of a licensed importer, licensed 
manufacturer, or licensed dealer at any location other than the 
location specified on the license. Nothing in this subsection shall be 
construed to diminish in any manner any right to display, sell, or 
otherwise dispose of firearms or ammunition, which is in effect before 
the date of the enactment of the Firearms Owners' Protection Act, 
including the right of a licensee to conduct `curios or relics' 
firearms transfers and business away from their business premises with 
another licensee without regard as to whether the location of where the 
business is conducted is located in the State specified on the license 
of either licensee.
  ``(k) Licensed importers and licensed manufacturers shall mark all 
armor piercing projectiles and packages containing such projectiles for 
distribution in the manner prescribed by the Attorney General by 
regulation. The Attorney General shall furnish information to each 
dealer licensed under this chapter defining which projectiles are 
considered armor piercing ammunition.
  ``(l) The Attorney General shall notify the chief law enforcement 
officer in the appropriate State and local jurisdictions of the names 
and addresses of all persons in the State to whom a firearms license is 
issued.

``Sec. 584. Penalties

  ``(a)(1) Except as otherwise provided in this subsection, subsection 
(b), (c), (f), or (p) of this section, or in section 592, whoever--
          ``(A) knowingly makes any false statement or representation 
        with respect to the information required by this chapter to be 
        kept in the records of a person licensed under this chapter or 
        in applying for any license or exemption or relief from 
        disability under the provisions of this chapter;
          ``(B) knowingly violates subsection (a)(4), (f), (k), or (q) 
        of section 582;
          ``(C) knowingly imports or brings into the United States or 
        any possession thereof any firearm or ammunition in violation 
        of section 582(l); or
          ``(D) knowingly violates any other provision of this chapter,
shall be imprisoned not more than five years.
  ``(2) Whoever knowingly violates subsection (a)(6), (d), (g), (h), 
(i), (j), or (o) of section 582 shall be imprisoned not more than 10 
years.
  ``(3) Any licensed dealer, licensed importer, licensed manufacturer, 
or licensed collector who knowingly--
          ``(A) makes any false statement or representation with 
        respect to the information required by the provisions of this 
        chapter to be kept in the records of a person licensed under 
        this chapter, or
          ``(B) violates subsection (m) of section 582,
shall be imprisoned not more than one year.
  ``(4) Whoever violates section 582(q) shall be imprisoned for not 
more than 5 years. Notwithstanding any other provision of law, the term 
of imprisonment imposed under this paragraph shall not run concurrently 
with any other term of imprisonment imposed under any other provision 
of law. Except for the authorization of a term of imprisonment of not 
more than 5 years made in this paragraph, for the purpose of any other 
law a violation of section 582(q) shall be deemed to be a misdemeanor.
  ``(5) Whoever knowingly violates subsection (s) or (t) of section 582 
shall be imprisoned for not more than 1 year.
  ``(6)(A)(i) A juvenile who violates section 582(x) shall be 
imprisoned not more than 1 year, except that a juvenile described in 
clause (ii) shall be sentenced to probation on appropriate conditions 
and shall not be incarcerated unless the juvenile fails to comply with 
a condition of probation.
  ``(ii) A juvenile is described in this clause if--
          ``(I) the offense of which the juvenile is charged is 
        possession of a handgun or ammunition in violation of section 
        582(x)(2); and
          ``(II) the juvenile has not been convicted in any court of an 
        offense (including an offense under section 582(x) or a similar 
        State law, but not including any other offense consisting of 
        conduct that if engaged in by an adult would not constitute an 
        offense) or adjudicated as a juvenile delinquent for conduct 
        that if engaged in by an adult would constitute an offense.
  ``(B) A person other than a juvenile who knowingly violates section 
582(x)--
          ``(i) shall be imprisoned not more than 1 year; and
          ``(ii) if the person sold, delivered, or otherwise 
        transferred a handgun or ammunition to a juvenile knowing or 
        having reasonable cause to know that the juvenile intended to 
        carry or otherwise possess or discharge or otherwise use the 
        handgun or ammunition in the commission of a crime of violence, 
        shall be imprisoned not more than 10 years.
  ``(7) Whoever knowingly violates section 594 shall be imprisoned not 
more than 3 years.
  ``(b) Whoever, with intent to commit therewith an offense punishable 
by imprisonment for a term exceeding one year, or with knowledge or 
reasonable cause to believe that an offense punishable by imprisonment 
for a term exceeding one year is to be committed therewith, ships, 
transports, or receives a firearm or any ammunition in interstate or 
foreign commerce shall be imprisoned not more than ten years.
  ``(c)(1)(A) Except to the extent that a greater minimum sentence is 
otherwise provided by this subsection or by any other provision of law, 
whoever, during and in relation to any crime of violence or drug 
trafficking crime (including a crime of violence or drug trafficking 
crime that provides for an enhanced punishment if committed by the use 
of a deadly or dangerous weapon or device) for which the person may be 
prosecuted in a court of the United States, uses or carries a firearm, 
or who, in furtherance of any such crime, possesses a firearm, shall, 
in addition to the punishment provided for such crime of violence or 
drug trafficking crime--
          ``(i) be sentenced to a term of imprisonment of not less than 
        5 years;
          ``(ii) if the firearm is brandished, be sentenced to a term 
        of imprisonment of not less than 7 years; and
          ``(iii) if the firearm is discharged, be sentenced to a term 
        of imprisonment of not less than 10 years.
  ``(B) If the firearm possessed by a person convicted of a violation 
of this subsection--
          ``(i) is a short-barreled rifle, short-barreled shotgun, or 
        semiautomatic assault weapon, the person shall be sentenced to 
        a term of imprisonment of not less than 10 years; or
          ``(ii) is a machinegun or a destructive device, or is 
        equipped with a firearm silencer or firearm muffler, the person 
        shall be sentenced to a term of imprisonment of not less than 
        30 years.
  ``(C) In the case of a second or subsequent conviction under this 
subsection, the person shall--
          ``(i) be sentenced to a term of imprisonment of not less than 
        25 years; and
          ``(ii) if the firearm involved is a machinegun or a 
        destructive device, or is equipped with a firearm silencer or 
        firearm muffler, be sentenced to imprisonment for life.
  ``(D) Notwithstanding any other provision of law--
          ``(i) a court shall not place on probation any person 
        convicted of a violation of this subsection; and
          ``(ii) no term of imprisonment imposed on a person under this 
        subsection shall run concurrently with any other term of 
        imprisonment imposed on the person, including any term of 
        imprisonment imposed for the crime of violence or drug 
        trafficking crime during which the firearm was used, carried, 
        or possessed.
  ``(2) For purposes of this subsection, the term `drug trafficking 
crime' means any felony punishable under the Controlled Substances Act 
(21 U.S.C. 801 et seq.), the Controlled Substances Import and Export 
Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act 
(46 U.S.C. App. 1901 et seq.).
  ``(3) For purposes of this subsection the term `crime of violence' 
means an offense that is a felony and--
          ``(A) has as an element the use, attempted use, or threatened 
        use of physical force against the person or property of 
        another, or
          ``(B) that by its nature, involves a substantial risk that 
        physical force against the person or property of another may be 
        used in the course of committing the offense.
  ``(4) For purposes of this subsection, the term `brandish' means, 
with respect to a firearm, to display all or part of the firearm, or 
otherwise make the presence of the firearm known to another person, in 
order to intimidate that person, regardless of whether the firearm is 
directly visible to that person.
  ``(5) Except to the extent that a greater minimum sentence is 
otherwise provided under this subsection, or by any other provision of 
law, whoever, during and in relation to any crime of violence or drug 
trafficking crime (including a crime of violence or drug trafficking 
crime that provides for an enhanced punishment if committed by the use 
of a deadly or dangerous weapon or device) for which the person may be 
prosecuted in a court of the United States, uses or carries armor 
piercing ammunition, or who, in furtherance of any such crime, 
possesses armor piercing ammunition, shall, in addition to the 
punishment provided for such crime of violence or drug trafficking 
crime or conviction under this section--
          ``(A) be sentenced to a term of imprisonment of not less than 
        15 years; and
          ``(B) if death results from the use of such ammunition be 
        punished as provided in section 101.
  ``(d)(1) Any firearm or ammunition involved in or used in any knowing 
violation of subsection (a)(4), (a)(6), (f), (g), (h), (i), (j), or (k) 
of section 582, or knowing importation or bringing into the United 
States or any possession thereof any firearm or ammunition in violation 
of section 582(l), or knowing violation of section 584, or willful 
violation of any other provision of this chapter or any rule or 
regulation promulgated thereunder, or any violation of any other 
criminal law of the United States, or any firearm or ammunition 
intended to be used in any offense referred to in paragraph (3) of this 
subsection, where such intent is demonstrated by clear and convincing 
evidence, shall be subject to seizure and forfeiture, and all 
provisions of the Internal Revenue Code of 1986 relating to the 
seizure, forfeiture, and disposition of firearms, as defined in section 
5845(a) of that Code, shall, so far as applicable, extend to seizures 
and forfeitures under the provisions of this chapter: Provided, That 
upon acquittal of the owner or possessor, or dismissal of the charges 
against him other than upon motion of the Government prior to trial, or 
lapse of or court termination of the restraining order to which he is 
subject, the seized or relinquished firearms or ammunition shall be 
returned forthwith to the owner or possessor or to a person delegated 
by the owner or possessor unless the return of the firearms or 
ammunition would place the owner or possessor or his delegate in 
violation of law. Any action or proceeding for the forfeiture of 
firearms or ammunition shall be commenced within one hundred and twenty 
days of such seizure.
  ``(2)(A) In any action or proceeding for the return of firearms or 
ammunition seized under the provisions of this chapter, the court shall 
allow the prevailing party, other than the United States, a reasonable 
attorney's fee, and the United States shall be liable therefor.
  ``(B) In any other action or proceeding under the provisions of this 
chapter, the court, when it finds that such action was without 
foundation, or was initiated vexatiously, frivolously, or in bad faith, 
shall allow the prevailing party, other than the United States, a 
reasonable attorney's fee, and the United States shall be liable 
therefor.
  ``(C) Only those firearms or quantities of ammunition particularly 
named and individually identified as involved in or used in any 
violation of the provisions of this chapter or any rule or regulation 
issued thereunder, or any other criminal law of the United States or as 
intended to be used in any offense referred to in paragraph (3) of this 
subsection, where such intent is demonstrated by clear and convincing 
evidence, shall be subject to seizure, forfeiture, and disposition.
  ``(D) The United States shall be liable for attorneys' fees under 
this paragraph only to the extent provided in advance by appropriation 
Acts.
  ``(3) The offenses referred to in paragraphs (1) and (2)(C) of this 
subsection are--
          ``(A) any crime of violence, as that term is defined in 
        section 584(c)(3) of this title;
          ``(B) any offense punishable under the Controlled Substances 
        Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import 
        and Export Act (21 U.S.C. 951 et seq.);
          ``(C) any offense described in section 582(a)(1), 582(a)(3), 
        582(a)(5), or 582(b)(3) of this title, where the firearm or 
        ammunition intended to be used in any such offense is involved 
        in a pattern of activities which includes a violation of any 
        offense described in section 582(a)(1), 582(a)(3), 582(a)(5), 
        or 582(b)(3) of this title;
          ``(D) any offense described in section 582(d) of this title 
        where the firearm or ammunition is intended to be used in such 
        offense by the transferor of such firearm or ammunition;
          ``(E) any offense described in section 582(i), 582(j), 
        582(l), 582(n), or 584(b) of this title; and
          ``(F) any offense which may be prosecuted in a court of the 
        United States which involves the exportation of firearms or 
        ammunition.
  ``(e)(1) In the case of a person who violates section 582(g) of this 
title and has three previous convictions by any court referred to in 
section 582(g)(1) of this title for a violent felony or a serious drug 
offense, or both, committed on occasions different from one another, 
such person shall be imprisoned not less than fifteen years, and, 
notwithstanding any other provision of law, the court shall not suspend 
the sentence of, or grant a probationary sentence to, such person with 
respect to the conviction under section 582(g).
  ``(2) As used in this subsection--
          ``(A) the term `serious drug offense' means--
                  ``(i) an offense under chapter 17 or the Maritime 
                Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.) 
                for which a maximum term of imprisonment of ten years 
                or more is prescribed by law; or
                  ``(ii) an offense under State law, involving 
                manufacturing, distributing, or possessing with intent 
                to manufacture or distribute, a controlled substance 
                (as defined in section 102 of the Controlled Substances 
                Act (21 U.S.C. 802)), for which a maximum term of 
                imprisonment of ten years or more is prescribed by law;
          ``(B) the term `violent felony' means any crime punishable by 
        imprisonment for a term exceeding one year, or any act of 
        juvenile delinquency involving the use or carrying of a 
        firearm, knife, or destructive device that would be punishable 
        by imprisonment for such term if committed by an adult, that--
                  ``(i) has as an element the use, attempted use, or 
                threatened use of physical force against the person of 
                another; or
                  ``(ii) is burglary, arson, or extortion, involves use 
                of explosives, or otherwise involves conduct that 
                presents a serious potential risk of physical injury to 
                another; and
          ``(C) the term `conviction' includes a finding that a person 
        has committed an act of juvenile delinquency involving a 
        violent felony.
  ``(f) In the case of a person who knowingly violates section 582(p), 
such person shall be or imprisoned not more than 5 years.
  ``(g) Whoever, with the intent to engage in conduct which--
          ``(1) constitutes an offense listed in section 1961(1),
          ``(2) is punishable under chapter 17 or the Maritime Drug Law 
        Enforcement Act (46 U.S.C. App. 1901 et seq.),
          ``(3) violates any State law relating to any controlled 
        substance (as defined in section 102(6) of the Controlled 
        Substances Act (21 U.S.C. 802(6))), or
          ``(4) constitutes a crime of violence (as defined in 
        subsection (c)(3)),
travels from any State or foreign country into any other State and 
acquires, transfers, or attempts to acquire or transfer, a firearm in 
such other State in furtherance of such purpose, shall be imprisoned 
not more than 10 years.
  ``(h) Whoever knowingly transfers a firearm, knowing that such 
firearm will be used to commit a crime of violence (as defined in 
subsection (c)(3)) or drug trafficking crime (as defined in subsection 
(c)(2)) shall be imprisoned not more than 10 years.
  ``(i)(1) A person who knowingly violates section 582(u) shall be 
imprisoned not more than 10 years.
  ``(2) Nothing contained in this subsection shall be construed as 
indicating an intent on the part of Congress to occupy the field in 
which provisions of this subsection operate to the exclusion of State 
laws on the same subject matter, nor shall any provision of this 
subsection be construed as invalidating any provision of State law 
unless such provision is inconsistent with any of the purposes of this 
subsection.
  ``(j) A person who, in the course of a violation of subsection (c), 
causes the death of a person through the use of a firearm, shall--
          ``(1) if the killing is a murder (as defined in section 
        1111), be punished by death or by imprisonment for any term of 
        years or for life; and
          ``(2) if the killing is manslaughter (as defined in section 
        1112), be punished as provided in that section.
  ``(k) A person who, with intent to engage in or to promote conduct 
that--
          ``(1) is punishable under chapter 17 or the Maritime Drug Law 
        Enforcement Act (46 U.S.C. App. 1901 et seq.);
          ``(2) violates any law of a State relating to any controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act, 21 U.S.C. 802); or
          ``(3) constitutes a crime of violence (as defined in 
        subsection (c)(3)),
smuggles or knowingly brings into the United States a firearm, or 
attempts to do so, shall be imprisoned not more than 10 years.
  ``(l) A person who steals any firearm which is moving as, or is a 
part of, or which has moved in, interstate or foreign commerce shall be 
imprisoned for not more than 10 years.
  ``(m) A person who steals any firearm from a licensed importer, 
licensed manufacturer, licensed dealer, or licensed collector shall be 
imprisoned not more than 10 years.
  ``(n) A person who, with the intent to engage in conduct that 
constitutes a violation of section 582(a)(1)(A), travels from any State 
or foreign country into any other State and acquires, or attempts to 
acquire, a firearm in such other State in furtherance of such purpose 
shall be imprisoned for not more than 10 years.
  ``(o) A person who conspires to commit an offense under subsection 
(c) shall be imprisoned for not more than 20 years; and if the firearm 
is a machinegun or destructive device, or is equipped with a firearm 
silencer or muffler, shall be imprisoned for any term of years or life.
  ``(p) Penalties Relating to Secure Gun Storage or Safety Device.--
          ``(1) In general.--
                  ``(A) Suspension or revocation of license; civil 
                penalties.--With respect to each violation of section 
                922(z)(1) by a licensed manufacturer, licensed 
                importer, or licensed dealer, the Secretary may, after 
                notice and opportunity for hearing--
                          ``(i) suspend for not more than 6 months, or 
                        revoke, the license issued to the licensee 
                        under this chapter that was used to conduct the 
                        firearms transfer; or
                          ``(ii) subject the licensee to a civil 
                        penalty in an amount equal to not more than 
                        $2,500.
                  ``(B) Review.--An action of the Secretary under this 
                paragraph may be reviewed only as provided under 
                section 923(f).
          ``(2) Administrative remedies.--The suspension or revocation 
        of a license or the imposition of a civil penalty under 
        paragraph (1) shall not preclude any administrative remedy that 
        is otherwise available to the Secretary.

``Sec. 585. Exceptions: Relief from disabilities

  ``(a)(1) The provisions of this chapter, except for sections 
582(d)(9) and 582(g)(9) and provisions relating to firearms subject to 
the prohibitions of section 582(p), shall not apply with respect to the 
transportation, shipment, receipt, possession, or importation of any 
firearm or ammunition imported for, sold or shipped to, or issued for 
the use of, the United States or any department or agency thereof or 
any State or any department, agency, or political subdivision thereof.
  ``(2) The provisions of this chapter, except for provisions relating 
to firearms subject to the prohibitions of section 582(p), shall not 
apply with respect to (A) the shipment or receipt of firearms or 
ammunition when sold or issued by the Secretary of the Army pursuant to 
section 4308 of title 10 before the repeal of such section by section 
1624(a) of the Corporation for the Promotion of Rifle Practice and 
Firearms Safety Act, and (B) the transportation of any such firearm or 
ammunition carried out to enable a person, who lawfully received such 
firearm or ammunition from the Secretary of the Army, to engage in 
military training or in competitions.
  ``(3) Unless otherwise prohibited by this chapter, except for 
provisions relating to firearms subject to the prohibitions of section 
582(p), or any other Federal law, a licensed importer, licensed 
manufacturer, or licensed dealer may ship to a member of the United 
States Armed Forces on active duty outside the United States or to 
clubs, recognized by the Department of Defense, whose entire membership 
is composed of such members, and such members or clubs may receive a 
firearm or ammunition determined by the Attorney General to be 
generally recognized as particularly suitable for sporting purposes and 
intended for the personal use of such member or club.
  ``(4) When established to the satisfaction of the Attorney General to 
be consistent with the provisions of this chapter, except for 
provisions relating to firearms subject to the prohibitions of section 
582(p), and other applicable Federal and State laws and published 
ordinances, the Attorney General may authorize the transportation, 
shipment, receipt, or importation into the United States to the place 
of residence of any member of the United States Armed Forces who is on 
active duty outside the United States (or who has been on active duty 
outside the United States within the 60-day period immediately 
preceding the transportation, shipment, receipt, or importation), of 
any firearm or ammunition which is (A) determined by the Attorney 
General to be generally recognized as particularly suitable for 
sporting purposes, or determined by the Department of Defense to be a 
type of firearm normally classified as a war souvenir, and (B) intended 
for the personal use of such member.
  ``(5) For the purpose of paragraph (3), the term `United States' 
means each of the several States and the District of Columbia.
  ``(b) A licensed importer, licensed manufacturer, licensed dealer, or 
licensed collector who is indicted for a crime punishable by 
imprisonment for a term exceeding one year, may, notwithstanding any 
other provision of this chapter, continue operation pursuant to his 
existing license (if prior to the expiration of the term of the 
existing license timely application is made for a new license) during 
the term of such indictment and until any conviction pursuant to the 
indictment becomes final.
  ``(c) A person who is prohibited from possessing, shipping, 
transporting, or receiving firearms or ammunition may make application 
to the Attorney General for relief from the disabilities imposed by 
Federal laws with respect to the acquisition, receipt, transfer, 
shipment, transportation, or possession of firearms, and the Attorney 
General may grant such relief if it is established to his satisfaction 
that the circumstances regarding the disability, and the applicant's 
record and reputation, are such that the applicant will not be likely 
to act in a manner dangerous to public safety and that the granting of 
the relief would not be contrary to the public interest. Any person 
whose application for relief from disabilities is denied by the 
Attorney General may file a petition with the United States district 
court for the district in which he resides for a judicial review of 
such denial. The court may in its discretion admit additional evidence 
where failure to do so would result in a miscarriage of justice. A 
licensed importer, licensed manufacturer, licensed dealer, or licensed 
collector conducting operations under this chapter, who makes 
application for relief from the disabilities incurred under this 
chapter, shall not be barred by such disability from further operations 
under his license pending final action on an application for relief 
filed pursuant to this section. Whenever the Attorney General grants 
relief to any person pursuant to this section he shall promptly publish 
in the Federal Register notice of such action, together with the 
reasons therefor.
  ``(d) The Attorney General shall authorize a firearm or ammunition to 
be imported or brought into the United States or any possession thereof 
if the firearm or ammunition--
          ``(1) is being imported or brought in for scientific or 
        research purposes, or is for use in connection with competition 
        or training pursuant to chapter 401 of title 10;
          ``(2) is an unserviceable firearm, other than a machinegun as 
        defined in section 5845(b) of the Internal Revenue Code of 1986 
        (not readily restorable to firing condition), imported or 
        brought in as a curio or museum piece;
          ``(3) is of a type that does not fall within the definition 
        of a firearm as defined in section 5845(a) of the Internal 
        Revenue Code of 1986 and is generally recognized as 
        particularly suitable for or readily adaptable to sporting 
        purposes, excluding surplus military firearms, except in any 
        case where the Attorney General has not authorized the 
        importation of the firearm pursuant to this paragraph, it shall 
        be unlawful to import any frame, receiver, or barrel of such 
        firearm which would be prohibited if assembled; or
          ``(4) was previously taken out of the United States or a 
        possession by the person who is bringing in the firearm or 
        ammunition.
The Attorney General shall permit the conditional importation or 
bringing in of a firearm or ammunition for examination and testing in 
connection with the making of a determination as to whether the 
importation or bringing in of such firearm or ammunition will be 
allowed under this subsection.
  ``(e) Notwithstanding any other provision of this title, the Attorney 
General shall authorize the importation of, by any licensed importer, 
the following:
          ``(1) All rifles and shotguns listed as curios or relics by 
        the Attorney General pursuant to section 581(11), and
          ``(2) All handguns, listed as curios or relics by the 
        Attorney General pursuant to section 581(11), provided that 
        such handguns are generally recognized as particularly suitable 
        for or readily adaptable to sporting purposes.
  ``(f) The Attorney General shall not authorize, under subsection (d), 
the importation of any firearm the importation of which is prohibited 
by section 582(p).

``Sec. 586. Remedy for erroneous denial of firearm

  ``Any person denied a firearm pursuant to subsection (s) or (t) of 
section 582--
          ``(1) due to the provision of erroneous information relating 
        to the person by any State or political subdivision thereof, or 
        by the national instant criminal background check system 
        established under section 103 of the Brady Handgun Violence 
        Prevention Act; or
          ``(2) who was not prohibited from receipt of a firearm 
        pursuant to subsection (g) or (n) of section 582,
may bring an action against the State or political subdivision 
responsible for providing the erroneous information, or responsible for 
denying the transfer, or against the United States, as the case may be, 
for an order directing that the erroneous information be corrected or 
that the transfer be approved, as the case may be. In any action under 
this section, the court, in its discretion, may allow the prevailing 
party a reasonable attorney's fee as part of the costs.

``Sec. 587. Rules and regulations

  ``(a) The Attorney General may prescribe only such rules and 
regulations as are necessary to carry out the provisions of this 
chapter, including--
          ``(1) regulations providing that a person licensed under this 
        chapter, when dealing with another person so licensed, shall 
        provide such other licensed person a certified copy of this 
        license;
          ``(2) regulations providing for the issuance, at a reasonable 
        cost, to a person licensed under this chapter, of certified 
        copies of his license for use as provided under regulations 
        issued under paragraph (1) of this subsection; and
          ``(3) regulations providing for effective receipt and secure 
        storage of firearms relinquished by or seized from persons 
        described in subsection (d)(8) or (g)(8) of section 582.
No such rule or regulation prescribed after the date of the enactment 
of the Firearms Owners' Protection Act may require that records 
required to be maintained under this chapter or any portion of the 
contents of such records, be recorded at or transferred to a facility 
owned, managed, or controlled by the United States or any State or any 
political subdivision thereof, nor that any system of registration of 
firearms, firearms owners, or firearms transactions or dispositions be 
established. Nothing in this section expands or restricts the Attorney 
General's authority to inquire into the disposition of any firearm in 
the course of a criminal investigation.
  ``(b) The Attorney General shall give not less than ninety days 
public notice, and shall afford interested parties opportunity for 
hearing, before prescribing such rules and regulations.
  ``(c) The Attorney General shall not prescribe rules or regulations 
that require purchasers of black powder under the exemption provided in 
section 615 to complete affidavits or forms attesting to that 
exemption.

``Sec. 588. Interstate transportation of firearms

  ``Notwithstanding any other provision of any law or any rule or 
regulation of a State or any political subdivision thereof, any person 
who is not otherwise prohibited by this chapter from transporting, 
shipping, or receiving a firearm shall be entitled to transport a 
firearm for any lawful purpose from any place where he may lawfully 
possess and carry such firearm to any other place where he may lawfully 
possess and carry such firearm if, during such transportation the 
firearm is unloaded, and neither the firearm nor any ammunition being 
transported is readily accessible or is directly accessible from the 
passenger compartment of such transporting vehicle: Provided, That in 
the case of a vehicle without a compartment separate from the driver's 
compartment the firearm or ammunition shall be contained in a locked 
container other than the glove compartment or console.

``Sec. 589. Carrying of concealed firearms by qualified law enforcement 
                    officers

  ``(a) Notwithstanding any other provision of the law of any State or 
any political subdivision thereof, an individual who is a qualified law 
enforcement officer and who is carrying the identification required by 
subsection (d) may carry a concealed firearm that has been shipped or 
transported in interstate or foreign commerce, subject to subsection 
(b).
  ``(b) This section shall not be construed to supersede or limit the 
laws of any State that--
          ``(1) permit private persons or entities to prohibit or 
        restrict the possession of concealed firearms on their 
        property; or
          ``(2) prohibit or restrict the possession of firearms on any 
        State or local government property, installation, building, 
        base, or park.
  ``(c) As used in this section, the term `qualified law enforcement 
officer' means an employee of a governmental agency who--
          ``(1) is authorized by law to engage in or supervise the 
        prevention, detection, investigation, or prosecution of, or the 
        incarceration of any person for, any violation of law, and has 
        statutory powers of arrest;
          ``(2) is authorized by the agency to carry a firearm;
          ``(3) is not the subject of any disciplinary action by the 
        agency;
          ``(4) meets standards, if any, established by the agency 
        which require the employee to regularly qualify in the use of a 
        firearm;
          ``(5) is not under the influence of alcohol or another 
        intoxicating or hallucinatory drug or substance; and
          ``(6) is not prohibited by Federal law from receiving a 
        firearm.
  ``(d) The identification required by this subsection is the 
photographic identification issued by the governmental agency for which 
the individual is employed as a law enforcement officer.
  ``(e) As used in this section, the term `firearm' does not include--
          ``(1) any machinegun (as defined in section 5845 of the 
        National Firearms Act);
          ``(2) any firearm silencer (as defined in section 581 of this 
        title); and
          ``(3) any destructive device (as defined in section 581 of 
        this title).

``Sec. 590. Carrying of concealed firearms by qualified retired law 
                    enforcement officers

  ``(a) Notwithstanding any other provision of the law of any State or 
any political subdivision thereof, an individual who is a qualified 
retired law enforcement officer and who is carrying the identification 
required by subsection (d) may carry a concealed firearm that has been 
shipped or transported in interstate or foreign commerce, subject to 
subsection (b).
  ``(b) This section shall not be construed to supersede or limit the 
laws of any State that--
          ``(1) permit private persons or entities to prohibit or 
        restrict the possession of concealed firearms on their 
        property; or
          ``(2) prohibit or restrict the possession of firearms on any 
        State or local government property, installation, building, 
        base, or park.
  ``(c) As used in this section, the term `qualified retired law 
enforcement officer' means an individual who--
          ``(1) retired in good standing from service with a public 
        agency as a law enforcement officer, other than for reasons of 
        mental instability;
          ``(2) before such retirement, was authorized by law to engage 
        in or supervise the prevention, detection, investigation, or 
        prosecution of, or the incarceration of any person for, any 
        violation of law, and had statutory powers of arrest;
          ``(3)(A) before such retirement, was regularly employed as a 
        law enforcement officer for an aggregate of 15 years or more; 
        or
          ``(B) retired from service with such agency, after completing 
        any applicable probationary period of such service, due to a 
        service-connected disability, as determined by such agency;
          ``(4) has a nonforfeitable right to benefits under the 
        retirement plan of the agency;
          ``(5) during the most recent 12-month period, has met, at the 
        expense of the individual, the State's standards for training 
        and qualification for active law enforcement officers to carry 
        firearms;
          ``(6) is not under the influence of alcohol or another 
        intoxicating or hallucinatory drug or substance; and
          ``(7) is not prohibited by Federal law from receiving a 
        firearm.
  ``(d) The identification required by this subsection is--
          ``(1) a photographic identification issued by the agency from 
        which the individual retired from service as a law enforcement 
        officer that indicates that the individual has, not less 
        recently than one year before the date the individual is 
        carrying the concealed firearm, been tested or otherwise found 
        by the agency to meet the standards established by the agency 
        for training and qualification for active law enforcement 
        officers to carry a firearm of the same type as the concealed 
        firearm; or
          ``(2)(A) a photographic identification issued by the agency 
        from which the individual retired from service as a law 
        enforcement officer; and
          ``(B) a certification issued by the State in which the 
        individual resides that indicates that the individual has, not 
        less recently than one year before the date the individual is 
        carrying the concealed firearm, been tested or otherwise found 
        by the State to meet the standards established by the State for 
        training and qualification for active law enforcement officers 
        to carry a firearm of the same type as the concealed firearm.
  ``(e) As used in this section, the term `firearm' does not include--
          ``(1) any machinegun (as defined in section 5845 of the 
        National Firearms Act);
          ``(2) any firearm silencer (as defined in section 581 of this 
        title); and
          ``(3) a destructive device (as defined in section 581 of this 
        title).

``Sec. 591. Effect on State law

  ``No provision of this subchapter shall be construed as indicating an 
intent on the part of the Congress to occupy the field in which such 
provision operates to the exclusion of the law of any State on the same 
subject matter, unless there is a direct and positive conflict between 
such provision and the law of the State so that the two cannot be 
reconciled or consistently stand together.

``Sec. 592. Use of restricted ammunition

  ``(a)(1) Whoever, during and in relation to the commission of a crime 
of violence or drug trafficking crime (including a crime of violence or 
drug trafficking crime which provides for an enhanced punishment if 
committed by the use of a deadly or dangerous weapon or device) for 
which he may be prosecuted in a court of the United States, uses or 
carries a firearm and is in possession of armor piercing ammunition 
capable of being fired in that firearm, shall, in addition to the 
punishment provided for the commission of such crime of violence or 
drug trafficking crime be sentenced to a term of imprisonment for not 
less than five years.
  ``(2) For purposes of this subsection, the term `drug trafficking 
crime' means any felony punishable under the Controlled Substances Act 
(21 U.S.C. 801 et seq.), the Controlled Substances Import and Export 
Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act 
(46 U.S.C. App. 1901 et seq.).
  ``(b) Notwithstanding any other provision of law, the court shall not 
suspend the sentence of any person convicted of a violation of this 
section, nor place the person on probation, nor shall the terms of 
imprisonment run concurrently with any other terms of imprisonment, 
including that imposed for the crime in which the armor piercing 
ammunition was used or possessed.

``Sec. 593. Possession of firearms and dangerous weapons in Federal 
                    facilities

  ``(a) Except as provided in subsection (d), whoever knowingly 
possesses or causes to be present a firearm or other dangerous weapon 
in a Federal facility (other than a Federal court facility), or 
attempts to do so, shall be imprisoned not more than 1 year.
  ``(b) Whoever, with intent that a firearm or other dangerous weapon 
be used in the commission of a crime, knowingly possesses or causes to 
be present such firearm or dangerous weapon in a Federal facility, or 
attempts to do so, shall be imprisoned not more than 5 years.
  ``(c) A person who kills any person in the course of a violation of 
subsection (a) or (b), or in the course of an attack on a Federal 
facility involving the use of a firearm or other dangerous weapon shall 
be punished as provided in subchapter A of chapter 10.
  ``(d) Subsection (a) shall not apply to--
          ``(1) the lawful performance of official duties by an 
        officer, agent, or employee of the United States, a State, or a 
        political subdivision thereof, who is authorized by law to 
        engage in or supervise the prevention, detection, 
        investigation, or prosecution of any violation of law;
          ``(2) the possession of a firearm or other dangerous weapon 
        by a Federal official or a member of the Armed Forces if such 
        possession is authorized by law; or
          ``(3) the lawful carrying of firearms or other dangerous 
        weapons in a Federal facility incident to hunting or other 
        lawful purposes.
  ``(e)(1) Except as provided in paragraph (2), whoever knowingly 
possesses or causes to be present a firearm in a Federal court 
facility, or attempts to do so, shall be imprisoned not more than 2 
years.
  ``(2) Paragraph (1) shall not apply to conduct which is described in 
paragraph (1) or (2) of subsection (d).
  ``(f) Nothing in this section limits the power of a court of the 
United States to punish for contempt or to promulgate rules or orders 
regulating, restricting, or prohibiting the possession of weapons 
within any building housing such court or any of its proceedings, or 
upon any grounds appurtenant to such building.
  ``(g) As used in this section:
          ``(1) The term `Federal facility' means a building or part 
        thereof owned or leased by the Federal Government, where 
        Federal employees are regularly present for the purpose of 
        performing their official duties.
          ``(2) The term `dangerous weapon' means a weapon, device, 
        instrument, material, or substance, animate or inanimate, that 
        is used for, or is readily capable of, causing death or serious 
        bodily injury, except that such term does not include a pocket 
        knife with a blade of less than 2 1/2 inches in length.
          ``(3) The term `Federal court facility' means the courtroom, 
        judges' chambers, witness rooms, jury deliberation rooms, 
        attorney conference rooms, prisoner holding cells, offices of 
        the court clerks, the United States attorney, and the United 
        States marshal, probation and parole offices, and adjoining 
        corridors of any court of the United States.
  ``(h) Notice of the provisions of subsections (a) and (b) shall be 
posted conspicuously at each public entrance to each Federal facility, 
and notice of subsection (e) shall be posted conspicuously at each 
public entrance to each Federal court facility, and no person shall be 
convicted of an offense under subsection (a) or (e) with respect to a 
Federal facility if such notice is not so posted at such facility, 
unless such person had actual notice of subsection (a) or (e), as the 
case may be.

``Sec. 594. Prohibition on purchase, ownership, or possession of body 
                    armor by violent felons

  ``(a) In General.--Except as provided in subsection (b), it shall be 
unlawful for a person to purchase, own, or possess body armor, if that 
person has been convicted of a felony that is--
          ``(1) a crime of violence; or
          ``(2) an offense under State law that would constitute a 
        crime of violence under paragraph (1) if it occurred within the 
        special maritime and territorial jurisdiction of the United 
        States.
  ``(b) Affirmative Defense.--
          ``(1) In general.--It shall be an affirmative defense under 
        this section that--
                  ``(A) the defendant obtained prior written 
                certification from his or her employer that the 
                defendant's purchase, use, or possession of body armor 
                was necessary for the safe performance of lawful 
                business activity; and
                  ``(B) the use and possession by the defendant were 
                limited to the course of such performance.
          ``(2) Employer.--In this subsection, the term `employer' 
        means any other individual employed by the defendant's business 
        that supervises defendant's activity. If that defendant has no 
        supervisor, prior written certification is acceptable from any 
        other employee of the business.

                       ``SUBCHAPTER C--EXPLOSIVES

``Sec.
``601.  Prohibited transactions involving nuclear materials.

``Sec. 601. Prohibited transactions involving nuclear materials

  ``(a) Whoever, if one of the circumstances described in subsection 
(c) of this section occurs--
          ``(1) without lawful authority, intentionally receives, 
        possesses, uses, transfers, alters, disposes of, or disperses 
        any nuclear material or nuclear byproduct material and--
                  ``(A) thereby knowingly causes the death of or 
                serious bodily injury to any person or substantial 
                damage to property or to the environment; or
                  ``(B) circumstances exist, or have been represented 
                to the defendant to exist, that are likely to cause the 
                death or serious bodily injury to any person, or 
                substantial damage to property or to the environment;
          ``(2) with intent to deprive another of nuclear material or 
        nuclear byproduct material, knowingly--
                  ``(A) takes and carries away nuclear material or 
                nuclear byproduct material of another without 
                authority;
                  ``(B) makes an unauthorized use, disposition, or 
                transfer, of nuclear material or nuclear byproduct 
                material belonging to another; or
                  ``(C) uses fraud and thereby obtains nuclear material 
                or nuclear byproduct material belonging to another;
          ``(3) knowingly--
                  ``(A) uses force; or
                  ``(B) threatens or places another in fear that any 
                person other than the actor will imminently be subject 
                to bodily injury;
        and thereby takes nuclear material or nuclear byproduct 
        material belonging to another from the person or presence of 
        any other;
          ``(4) intentionally intimidates any person and thereby 
        obtains nuclear material or nuclear byproduct material 
        belonging to another;
          ``(5) with intent to compel any person, international 
        organization, or governmental entity to do or refrain from 
        doing any act, knowingly threatens to engage in conduct 
        described in paragraph (2)(A) or (3) of this subsection;
          ``(6) knowingly threatens to use nuclear material or nuclear 
        byproduct material to cause death or serious bodily injury to 
        any person or substantial damage to property or to the 
        environment under circumstances in which the threat may 
        reasonably be understood as an expression of serious purposes;
          ``(7) attempts to commit an offense under paragraph (1), (2), 
        (3), or (4) of this subsection; or
          ``(8) is a party to a conspiracy of two or more persons to 
        commit an offense under paragraph (1), (2), (3), or (4) of this 
        subsection, if any of the parties intentionally engages in any 
        conduct in furtherance of such offense;
shall be punished as provided in subsection (b) of this section.
  ``(b) The punishment for an offense under--
          ``(1) paragraphs (1) through (7) of subsection (a) of this 
        section is--
                  ``(A) a fine under this title; and
                  ``(B) imprisonment--
                          ``(i) for any term of years or for life (I) 
                        if, while committing the offense, the offender 
                        knowingly causes the death of any person; or 
                        (II) if, while committing an offense under 
                        paragraph (1) or (3) of subsection (a) of this 
                        section, the offender, under circumstances 
                        manifesting extreme indifference to the life of 
                        an individual, knowingly engages in any conduct 
                        and thereby recklessly causes the death of or 
                        serious bodily injury to any person; and
                          ``(ii) for not more than 20 years in any 
                        other case; and
          ``(2) paragraph (8) of subsection (a) of this section is--
                  ``(A) a fine under this title; and
                  ``(B) imprisonment--
                          ``(i) for not more than 20 years if the 
                        offense which is the object of the conspiracy 
                        is punishable under paragraph (1)(B)(i); and
                          ``(ii) for not more than 10 years in any 
                        other case.
  ``(c) The circumstances referred to in subsection (a) of this section 
are that--
          ``(1) the offense is committed in the United States or the 
        special maritime and territorial jurisdiction of the United 
        States, or the special aircraft jurisdiction of the United 
        States (as defined in section 46501 of title 49);
          ``(2) an offender or a victim is--
                  ``(A) a national of the United States; or
                  ``(B) a United States corporation or other legal 
                entity;
          ``(3) after the conduct required for the offense occurs the 
        defendant is found in the United States, even if the conduct 
        required for the offense occurs outside the United States;
          ``(4) the conduct required for the offense occurs with 
        respect to the carriage of a consignment of nuclear material or 
        nuclear byproduct material for peaceful purposes by any means 
        of transportation intended to go beyond the territory of the 
        state where the shipment originates beginning with the 
        departure from a facility of the shipper in that state and 
        ending with the arrival at a facility of the receiver within 
        the state of ultimate destination and either of such states is 
        the United States; or
          ``(5) either--
                  ``(A) the governmental entity under subsection (a)(5) 
                is the United States; or
                  ``(B) the threat under subsection (a)(6) is directed 
                at the United States.
  ``(d) The Attorney General may request assistance from the Secretary 
of Defense under chapter 18 of title 10 in the enforcement of this 
section and the Secretary of Defense may provide such assistance in 
accordance with chapter 18 of title 10, except that the Secretary of 
Defense may provide such assistance through any Department of Defense 
personnel.
  ``(e)(1) The Attorney General may also request assistance from the 
Secretary of Defense under this subsection in the enforcement of this 
section. Notwithstanding section 1385 of this title, the Secretary of 
Defense may, in accordance with other applicable law, provide such 
assistance to the Attorney General if--
          ``(A) an emergency situation exists (as jointly determined by 
        the Attorney General and the Secretary of Defense in their 
        discretion); and
          ``(B) the provision of such assistance will not adversely 
        affect the military preparedness of the United States (as 
        determined by the Secretary of Defense in such Secretary's 
        discretion).
  ``(2) As used in this subsection, the term `emergency situation' 
means a circumstance--
          ``(A) that poses a serious threat to the interests of the 
        United States; and
          ``(B) in which--
                  ``(i) enforcement of the law would be seriously 
                impaired if the assistance were not provided; and
                  ``(ii) civilian law enforcement personnel are not 
                capable of enforcing the law.
  ``(3) Assistance under this section may include--
          ``(A) use of personnel of the Department of Defense to arrest 
        persons and conduct searches and seizures with respect to 
        violations of this section; and
          ``(B) such other activity as is incidental to the enforcement 
        of this section, or to the protection of persons or property 
        from conduct that violates this section.
  ``(4) The Secretary of Defense may require reimbursement as a 
condition of assistance under this section.
  ``(5) The Attorney General may delegate the Attorney General's 
function under this subsection only to a Deputy, Associate, or 
Assistant Attorney General.
  ``(f) As used in this section--
          ``(1) the term `nuclear material' means material containing 
        any--
                  ``(A) plutonium;
                  ``(B) uranium not in the form of ore or ore residue 
                that contains the mixture of isotopes as occurring in 
                nature;
                  ``(C) enriched uranium, defined as uranium that 
                contains the isotope 233 or 235 or both in such amount 
                that the abundance ratio of the sum of those isotopes 
                to the isotope 238 is greater than the ratio of the 
                isotope 235 to the isotope 238 occurring in nature; or
                  ``(D) uranium 233;
          ``(2) the term `nuclear byproduct material' means any 
        material containing any radioactive isotope created through an 
        irradiation process in the operation of a nuclear reactor or 
        accelerator;
          ``(3) the term `international organization' means a public 
        international organization designated as such pursuant to 
        section 1 of the International Organizations Immunities Act (22 
        U.S.C. 288) or a public organization created pursuant to treaty 
        or other agreement under international law as an instrument 
        through or by which two or more foreign governments engage in 
        some aspect of their conduct of international affairs; and
          ``(4) the term `United States corporation or other legal 
        entity' means any corporation or other entity organized under 
        the laws of the United States or any State of the United 
        States.

``SUBCHAPTER D--IMPORTATION, MANUFACTURE, DISTRIBUTION, AND STORAGE OF 
                          EXPLOSIVE MATERIALS

``Sec.
``611.  Definitions.
``612.  Unlawful acts.
``613.  Licenses and user permits.
``614.  Penalties.
``615.  Exceptions; relief from disabilities.
``616.  Additional powers of the Attorney General.
``617.  Rules and regulations.
``618.  Effect on State law.

``Sec. 611. Definitions

  ``In this subchapter the following definitions apply:
          ``(1) The term `explosive materials' means explosives, 
        blasting agents, and detonators.
          ``(2) Except for the purposes of subsections (d), (e), (f), 
        (g), (h), (i), and (j) of section 614, the term `explosives' 
        means any chemical compound mixture, or device, the primary or 
        common purpose of which is to function by explosion; the term 
        includes, but is not limited to, dynamite and other high 
        explosives, black powder, pellet powder, initiating explosives, 
        detonators, safety fuses, squibs, detonating cord, igniter 
        cord, and igniters. The Attorney General shall publish and 
        revise at least annually in the Federal Register a list of 
        these and any additional explosives which he determines to be 
        within the coverage of this chapter. For the purposes of 
        subsections (d), (e), (f), (g), (h), and (i) of section 614, 
        the term `explosive' is defined in subsection (j) of such 
        section 614.
          ``(3) The term `blasting agent' means any material or 
        mixture, consisting of fuel and oxidizer, intended for 
        blasting, not otherwise defined as an explosive: Provided, That 
        the finished product, as mixed for use or shipment, cannot be 
        detonated by means of a numbered 8 test blasting cap when 
        unconfined.
          ``(4) The term `detonator' means any device containing a 
        detonating charge that is used for initiating detonation in an 
        explosive; the term includes electric blasting caps of 
        instantaneous and delay types, blasting caps for use with 
        safety fuses and detonating-cord delay connectors.
          ``(5) The term `importer' means any person engaged in the 
        business of importing or bringing explosive materials into the 
        United States for purposes of sale or distribution.
          ``(6) The term `manufacturer' means any person engaged in the 
        business of manufacturing explosive materials for purposes of 
        sale or distribution or for that person's own use.
          ``(7) The term `dealer' means any person engaged in the 
        business of distributing explosive materials at wholesale or 
        retail.
          ``(8) The term `permittee' means any user of explosives for a 
        lawful purpose, who has obtained either a user permit or a 
        limited permit under the provisions of this chapter.
          ``(9) The term `Attorney General' means the Attorney General 
        of the United States.
          ``(10) The term `crime punishable by imprisonment for a term 
        exceeding one year' shall not mean (1) any Federal or State 
        offenses pertaining to antitrust violations, unfair trade 
        practices, restraints of trade, or other similar offenses 
        relating to the regulation of business practices as the 
        Attorney General may by regulation designate, or (2) any State 
        offense (other than one involving a firearm or explosive) 
        classified by the laws of the State as a misdemeanor and 
        punishable by a term of imprisonment of two years or less.
          ``(11) The term `crime punishable by imprisonment for a term 
        exceeding one year' shall not mean (A) any Federal or State 
        offenses pertaining to antitrust violations, unfair trade 
        practices, restraints of trade, or other similar offenses 
        relating to the regulation of business practices as the 
        Attorney General may by regulation designate, or (B) any State 
        offense (other than one involving a firearm or explosive) 
        classified by the laws of the State as a misdemeanor and 
        punishable by a term of imprisonment of two years or less.
          ``(12) The term `licensee' means any importer, manufacturer, 
        or dealer licensed under the provisions of this chapter.
          ``(13) The term `distribute' means sell, issue, give, 
        transfer, or otherwise dispose of.
          ``(14) The term `convention on the Marking of Plastic 
        Explosives' means the Convention on the Marking of Plastic 
        Explosives for the Purpose of Detection, Done at Montreal on 1 
        March 1991.
          ``(15) The term `detection agent' means any one of the 
        substances specified in this subsection when introduced into a 
        plastic explosive or formulated in such explosive as a part of 
        the manufacturing process in such a manner as to achieve 
        homogeneous distribution in the finished explosive, including--
                  ``(A) Ethylene glycol dinitrate (EGDN), 
                C<INF>2</INF>H<INF>4</INF>(NO<INF>3</INF>)<INF>2</INF>, 
                molecular weight 152, when the minimum concentration in 
                the finished explosive is 0.2 percent by mass;
                  ``(B) 2,3-Dimethyl-2,3-dinitrobutane (DMNB);
                  ``(C) Para-Mononitrotoluene (p-MNT); 
                C<INF>7</INF>H<INF>7</INF>NO<INF>2</INF>, molecular 
                weight 137, when the minimum concentration in the 
                finished explosive is 0.5 percent by mass;
                  ``(D) Ortho-Mononitrotoluene (o-MNT),
        C<INF>7</INF>H<INF>7</INF>NO<INF>2</INF>, molecular weight 137, 
        when the minimum concentration in the finished explosive is 0.5 
        percent by mass; and
                  ``(E) any other substance in the concentration 
                specified by the Attorney General, after consultation 
                with the Secretary of State and the Secretary of 
                Defense, that has been added to the table in part 2 of 
                the Technical Annex to the Convention on the Marking of 
                Plastic Explosives.
          ``(16) The term `plastic explosive' means an explosive 
        material in flexible or elastic sheet form formulated with one 
        or more high explosives which in their pure form has a vapor 
        pressure less than 10-<SUP>4 Pa at a temperature of 25/
        C., is formulated with a binder material, and is as a mixture 
        malleable or flexible at normal room temperature.
          ``(17) The term `alien' means any person who is not a citizen 
        or national of the United States.
          ``(18) The term `responsible person' means an individual who 
        has the power to direct the management and policies of the 
        applicant pertaining to explosive materials.

``Sec. 612. Unlawful acts

  ``(a) It shall be unlawful for any person--
          ``(1) to engage in the business of importing, manufacturing, 
        or dealing in explosive materials without a license issued 
        under this chapter;
          ``(2) knowingly to withhold information or to make any false 
        or fictitious oral or written statement or to furnish or 
        exhibit any false, fictitious, or misrepresented 
        identification, intended or likely to deceive for the purpose 
        of obtaining explosive materials, or a license, permit, 
        exemption, or relief from disability under the provisions of 
        this chapter;
          ``(3) other than a licensee or permittee knowingly--
                  ``(A) to transport, ship, cause to be transported, or 
                receive any explosive materials; or
                  ``(B) to distribute explosive materials to any person 
                other than a licensee or permittee; or
          ``(4) who is a holder of a limited permit--
                  ``(A) to transport, ship, cause to be transported, or 
                receive in interstate or foreign commerce any explosive 
                materials; or
                  ``(B) to receive explosive materials from a licensee 
                or permittee, whose premises are located outside the 
                State of residence of the limited permit holder, or on 
                more than 6 separate occasions, during the period of 
                the permit, to receive explosive materials from 1 or 
                more licensees or permittees whose premises are located 
                within the State of residence of the limited permit 
                holder.
  ``(b) It shall be unlawful for any licensee or permittee to knowingly 
distribute any explosive materials to any person other than--
          ``(1) a licensee;
          ``(2) a holder of a user permit; or
          ``(3) a holder of a limited permit who is a resident of the 
        State where distribution is made and in which the premises of 
        the transferor are located.
  ``(c) It shall be unlawful for any licensee to distribute explosive 
materials to any person who the licensee has reason to believe intends 
to transport such explosive materials into a State where the purchase, 
possession, or use of explosive materials is prohibited or which does 
not permit its residents to transport or ship explosive materials into 
it or to receive explosive materials in it.
  ``(d) It shall be unlawful for any person knowingly to distribute 
explosive materials to any individual who--
          ``(1) is under twenty-one years of age;
          ``(2) has been convicted in any court of a crime punishable 
        by imprisonment for a term exceeding one year;
          ``(3) is under indictment for a crime punishable by 
        imprisonment for a term exceeding one year;
          ``(4) is a fugitive from justice;
          ``(5) is an unlawful user of or addicted to any controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802));
          ``(6) has been adjudicated a mental defective or who has been 
        committed to a mental institution;
          ``(7) is an alien, other than an alien who--
                  ``(A) is lawfully admitted for permanent residence 
                (as defined in section 101(a)(20) of the Immigration 
                and Nationality Act);
                  ``(B) is in lawful nonimmigrant status, is a refugee 
                admitted under section 207 of the Immigration and 
                Nationality Act (8 U.S.C. 1157), or is in asylum status 
                under section 208 of the Immigration and Nationality 
                Act (8 U.S.C. 1158), and--
                          ``(i) is a foreign law enforcement officer of 
                        a friendly foreign government, as determined by 
                        the Attorney General in consultation with the 
                        Secretary of State, entering the United States 
                        on official law enforcement business, and the 
                        shipping, transporting, possession, or receipt 
                        of explosive materials is in furtherance of 
                        this official law enforcement business; or
                          ``(ii) is a person having the power to direct 
                        or cause the direction of the management and 
                        policies of a corporation, partnership, or 
                        association licensed pursuant to section 
                        843(a), and the shipping, transporting, 
                        possession, or receipt of explosive materials 
                        is in furtherance of such power;
                  ``(C) is a member of a North Atlantic Treaty 
                Organization (NATO) or other friendly foreign military 
                force, as determined by the Attorney General in 
                consultation with the Secretary of Defense, who is 
                present in the United States under military orders for 
                training or other military purpose authorized by the 
                United States and the shipping, transporting, 
                possession, or receipt of explosive materials is in 
                furtherance of the authorized military purpose; or
                  ``(D) is lawfully present in the United States in 
                cooperation with the Director of Central Intelligence, 
                and the shipment, transportation, receipt, or 
                possession of the explosive materials is in furtherance 
                of such cooperation;
          ``(8) has been discharged from the armed forces under 
        dishonorable conditions; or
          ``(9) having been a citizen of the United States, has 
        renounced the citizenship of that person.
  ``(e) It shall be unlawful for any licensee knowingly to distribute 
any explosive materials to any person in any State where the purchase, 
possession, or use by such person of such explosive materials would be 
in violation of any State law or any published ordinance applicable at 
the place of distribution.
  ``(f) It shall be unlawful for any licensee or permittee willfully to 
manufacture, import, purchase, distribute, or receive explosive 
materials without making such records as the Attorney General may by 
regulation require, including, but not limited to, a statement of 
intended use, the name, date, place of birth, social security number or 
taxpayer identification number, and place of residence of any natural 
person to whom explosive materials are distributed. If explosive 
materials are distributed to a corporation or other business entity, 
such records shall include the identity and principal and local places 
of business and the name, date, place of birth, and place of residence 
of the natural person acting as agent of the corporation or other 
business entity in arranging the distribution.
  ``(g) It shall be unlawful for any licensee or permittee knowingly to 
make any false entry in any record which he is required to keep 
pursuant to this section or regulations promulgated under section 617.
  ``(h) It shall be unlawful for any person to receive, possess, 
transport, ship, conceal, store, barter, sell, dispose of, or pledge or 
accept as security for a loan, any stolen explosive materials which are 
moving as, which are part of, which constitute, or which have been 
shipped or transported in, interstate or foreign commerce, either 
before or after such materials were stolen, knowing or having 
reasonable cause to believe that the explosive materials were stolen.
  ``(i) It shall be unlawful for any person--
          ``(1) who is under indictment for, or who has been convicted 
        in any court of, a crime punishable by imprisonment for a term 
        exceeding one year;
          ``(2) who is a fugitive from justice;
          ``(3) who is an unlawful user of or addicted to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802));
          ``(4) who has been adjudicated as a mental defective or who 
        has been committed to a mental institution;
          ``(5) who is an alien, other than an alien who--
                  ``(A) is lawfully admitted for permanent residence 
                (as that term is defined in section 101(a)(20) of the 
                Immigration and Nationality Act);
                  ``(B) is in lawful nonimmigrant status, is a refugee 
                admitted under section 207 of the Immigration and 
                Nationality Act (8 U.S.C. 1157), or is in asylum status 
                under section 208 of the Immigration and Nationality 
                Act (8 U.S.C. 1158), and--
                          ``(i) is a foreign law enforcement officer of 
                        a friendly foreign government, as determined by 
                        the Attorney General in consultation with the 
                        Secretary of State, entering the United States 
                        on official law enforcement business, and the 
                        shipping, transporting, possession, or receipt 
                        of explosive materials is in furtherance of 
                        this official law enforcement business; or
                          ``(ii) is a person having the power to direct 
                        or cause the direction of the management and 
                        policies of a corporation, partnership, or 
                        association licensed pursuant to section 
                        843(a), and the shipping, transporting, 
                        possession, or receipt of explosive materials 
                        is in furtherance of such power;
                  ``(C) is a member of a North Atlantic Treaty 
                Organization (NATO) or other friendly foreign military 
                force, as determined by the Attorney General in 
                consultation with the Secretary of Defense, who is 
                present in the United States under military orders for 
                training or other military purpose authorized by the 
                United States and the shipping, transporting, 
                possession, or receipt of explosive materials is in 
                furtherance of the authorized military purpose; or
                  ``(D) is lawfully present in the United States in 
                cooperation with the Director of Central Intelligence, 
                and the shipment, transportation, receipt, or 
                possession of the explosive materials is in furtherance 
                of such cooperation;
          ``(6) who has been discharged from the armed forces under 
        dishonorable conditions; or
          ``(7) who, having been a citizen of the United States, has 
        renounced the citizenship of that person.
  ``(j) It shall be unlawful for any person to store any explosive 
material in a manner not in conformity with regulations promulgated by 
the Attorney General. In promulgating such regulations, the Attorney 
General shall take into consideration the class, type, and quantity of 
explosive materials to be stored, as well as the standards of safety 
and security recognized in the explosives industry.
  ``(k) It shall be unlawful for any person who has knowledge of the 
theft or loss of any explosive materials from his stock, to fail to 
report such theft or loss within twenty-four hours of discovery 
thereof, to the Attorney General and to appropriate local authorities.
  ``(l) It shall be unlawful for any person to manufacture any plastic 
explosive that does not contain a detection agent.
  ``(m)(1) It shall be unlawful for any person to import or bring into 
the United States, or export from the United States, any plastic 
explosive that does not contain a detection agent.
  ``(2) This subsection does not apply to the importation or bringing 
into the United States, or the exportation from the United States, of 
any plastic explosive that was imported or brought into, or 
manufactured in the United States prior to the date of enactment of 
this subsection by or on behalf of any agency of the United States 
performing military or police functions (including any military reserve 
component) or by or on behalf of the National Guard of any State, not 
later than 15 years after the date of entry into force of the 
Convention on the Marking of Plastic Explosives, with respect to the 
United States.
  ``(n)(1) It shall be unlawful for any person to ship, transport, 
transfer, receive, or possess any plastic explosive that does not 
contain a detection agent.
  ``(2) This subsection does not apply to--
          ``(A) the shipment, transportation, transfer, receipt, or 
        possession of any plastic explosive that was imported or 
        brought into, or manufactured in the United States prior to the 
        date of enactment of this subsection by any person during the 
        period beginning on that date and ending 3 years after that 
        date of enactment; or
          ``(B) the shipment, transportation, transfer, receipt, or 
        possession of any plastic explosive that was imported or 
        brought into, or manufactured in the United States prior to the 
        date of enactment of this subsection by or on behalf of any 
        agency of the United States performing a military or police 
        function (including any military reserve component) or by or on 
        behalf of the National Guard of any State, not later than 15 
        years after the date of entry into force of the Convention on 
        the Marking of Plastic Explosives, with respect to the United 
        States.
  ``(o) It shall be unlawful for any person, other than an agency of 
the United States (including any military reserve component) or the 
National Guard of any State, possessing any plastic explosive on the 
date of enactment of this subsection, to fail to report to the Attorney 
General within 120 days after such date of enactment the quantity of 
such explosives possessed, the manufacturer or importer, any marks of 
identification on such explosives, and such other information as the 
Attorney General may prescribe by regulation.
  ``(p) Distribution of Information Relating to Explosives, Destructive 
Devices, and Weapons of Mass Destruction.--
          ``(1) Definitions.--In this subsection--
                  ``(A) the term `destructive device' has the same 
                meaning as in section 581;
                  ``(B) the term `explosive' has the same meaning as in 
                section 614; and
                  ``(C) the term `weapon of mass destruction' has the 
                same meaning as in section 271.
          ``(2) Prohibition.--It shall be unlawful for any person--
                  ``(A) to teach or demonstrate the making or use of an 
                explosive, a destructive device, or a weapon of mass 
                destruction, or to distribute by any means information 
                pertaining to, in whole or in part, the manufacture or 
                use of an explosive, destructive device, or weapon of 
                mass destruction, with the intent that the teaching, 
                demonstration, or information be used for, or in 
                furtherance of, an activity that constitutes a Federal 
                crime of violence; or
                  ``(B) to teach or demonstrate to any person the 
                making or use of an explosive, a destructive device, or 
                a weapon of mass destruction, or to distribute to any 
                person, by any means, information pertaining to, in 
                whole or in part, the manufacture or use of an 
                explosive, destructive device, or weapon of mass 
                destruction, knowing that such person intends to use 
                the teaching, demonstration, or information for, or in 
                furtherance of, an activity that constitutes a Federal 
                crime of violence.

``Sec. 613. Licenses and user permits

  ``(a) An application for a user permit or limited permit or a license 
to import, manufacture, or deal in explosive materials shall be in such 
form and contain such information as the Attorney General shall by 
regulation prescribe, including the names of and appropriate 
identifying information regarding all employees who will be authorized 
by the applicant to possess explosive materials, as well as 
fingerprints and a photograph of each responsible person. Each 
applicant for a license or permit shall pay a fee to be charged as set 
by the Attorney General, said fee not to exceed $50 for a limited 
permit and $200 for any other license or permit. Each license or user 
permit shall be valid for not longer than 3 years from the date of 
issuance and each limited permit shall be valid for not longer than 1 
year from the date of issuance. Each license or permit shall be 
renewable upon the same conditions and subject to the same restrictions 
as the original license or permit, and upon payment of a renewal fee 
not to exceed one-half of the original fee.
  ``(b) Upon the filing of a proper application and payment of the 
prescribed fee, and subject to the provisions of this chapter and other 
applicable laws, the Attorney General shall issue to such applicant the 
appropriate license or permit if--
          ``(1) the applicant (or, if the applicant is a corporation, 
        partnership, or association, each responsible person with 
        respect to the applicant) is not a person described in section 
        612(i);
          ``(2) the applicant has not willfully violated any of the 
        provisions of this chapter or regulations issued hereunder;
          ``(3) the applicant has in a State premises from which he 
        conducts or intends to conduct business;
          ``(4)(A) the Secretary verifies by inspection or, if the 
        application is for an original limited permit or the first or 
        second renewal of such a permit, by such other means as the 
        Attorney General determines appropriate, that the applicant has 
        a place of storage for explosive materials which meets such 
        standards of public safety and security against theft as the 
        Attorney General by regulations shall prescribe; and
          ``(B) subparagraph (A) shall not apply to an applicant for 
        the renewal of a limited permit if the Secretary has verified, 
        by inspection within the preceding 3 years, the matters 
        described in subparagraph (A) with respect to the applicant;
          ``(5) the applicant has demonstrated and certified in writing 
        that he is familiar with all published State laws and local 
        ordinances relating to explosive materials for the location in 
        which he intends to do business;
          ``(6) none of the employees of the applicant who will be 
        authorized by the applicant to possess explosive materials is 
        any person described in section 612(i); and
          ``(7) in the case of a limited permit, the applicant has 
        certified in writing that the applicant will not receive 
        explosive materials on more than 6 separate occasions during 
        the 12-month period for which the limited permit is valid.
  ``(c) The Attorney General shall approve or deny an application 
within a period of 90 days for licenses and permits, beginning on the 
date such application is received by the Attorney General.
  ``(d) The Attorney General may revoke any license or permit issued 
under this section if in the opinion of the Attorney General the holder 
thereof has violated any provision of this chapter or any rule or 
regulation prescribed by the Attorney General under this chapter, or 
has become ineligible to acquire explosive materials under section 
612(d). The Attorney General's action under this subsection may be 
reviewed only as provided in subsection (e)(2) of this section.
  ``(e)(1) Any person whose application is denied or whose license or 
permit is revoked shall receive a written notice from the Attorney 
General stating the specific grounds upon which such denial or 
revocation is based. Any notice of a revocation of a license or permit 
shall be given to the holder of such license or permit prior to or 
concurrently with the effective date of the revocation.
  ``(2) If the Attorney General denies an application for, or revokes a 
license, or permit, he shall, upon request by the aggrieved party, 
promptly hold a hearing to review his denial or revocation. In the case 
of a revocation, the Attorney General may upon a request of the holder 
stay the effective date of the revocation. A hearing under this section 
shall be at a location convenient to the aggrieved party. The Attorney 
General shall give written notice of his decision to the aggrieved 
party within a reasonable time after the hearing. The aggrieved party 
may, within sixty days after receipt of the Secretary's written 
decision, file a petition with the United States court of appeals for 
the district in which he resides or has his principal place of business 
for a judicial review of such denial or revocation, pursuant to 
sections 701 through 706 of title 5.
  ``(f) Licensees and holders of user permits shall make available for 
inspection at all reasonable times their records kept pursuant to this 
chapter or the regulations issued hereunder, and licensees and 
permittees shall submit to the Attorney General such reports and 
information with respect to such records and the contents thereof as he 
shall by regulations prescribe. The Attorney General may enter during 
business hours the premises (including places of storage) of any 
licensee or holder of a user permit, for the purpose of inspecting or 
examining (1) any records or documents required to be kept by such 
licensee or permittee, under the provisions of this chapter or 
regulations issued hereunder, and (2) any explosive materials kept or 
stored by such licensee or permittee at such premises. Upon the request 
of any State or any political subdivision thereof, the Attorney General 
may make available to such State or any political subdivision thereof, 
any information which he may obtain by reason of the provisions of this 
chapter with respect to the identification of persons within such State 
or political subdivision thereof, who have purchased or received 
explosive materials, together with a description of such explosive 
materials. The Attorney General may inspect the places of storage for 
explosive materials of an applicant for a limited permit or, at the 
time of renewal of such permit, a holder of a limited permit, only as 
provided in subsection (b)(4).
  ``(g) Licenses and user permits issued under the provisions of 
subsection (b) of this section shall be kept posted and kept available 
for inspection on the premises covered by the license and permit.
  ``(h)(1) If the Attorney General receives, from an employer, the name 
and other identifying information of a responsible person or an 
employee who will be authorized by the employer to possess explosive 
materials in the course of employment with the employer, the Secretary 
shall determine whether the responsible person or employee is one of 
the persons described in any paragraph of section 612(i). In making the 
determination, the Attorney General may take into account a letter or 
document issued under paragraph (2).
  ``(2)(A) If the Attorney General determines that the responsible 
person or the employee is not one of the persons described in any 
paragraph of section 612(i), the Attorney General shall notify the 
employer in writing or electronically of the determination and issue, 
to the responsible person or employee, a letter of clearance, which 
confirms the determination.
  ``(B) If the Attorney General determines that the responsible person 
or employee is one of the persons described in any paragraph of section 
612(i), the Attorney General shall notify the employer in writing or 
electronically of the determination and issue to the responsible person 
or the employee, as the case may be, a document that--
          ``(i) confirms the determination;
          ``(ii) explains the grounds for the determination;
          ``(iii) provides information on how the disability may be 
        relieved; and
          ``(iv) explains how the determination may be appealed.
  ``(i) Furnishing of Samples.--
          ``(1) In general-Licensed manufacturers and licensed 
        importers and persons who manufacture or import explosive 
        materials or ammonium nitrate shall, when required by letter 
        issued by the Secretary, furnish--
                  ``(A) samples of such explosive materials or ammonium 
                nitrate;
                  ``(B) information on chemical composition of those 
                products; and
                  ``(C) any other information that the Secretary 
                determines is relevant to the identification of the 
                explosive materials or to identification of the 
                ammonium nitrate.
          ``(2) Reimbursement.--The Attorney General shall, by 
        regulation, authorize reimbursement of the fair market value of 
        samples furnished pursuant to this subsection, as well as the 
        reasonable costs of shipment.

``Sec. 614. Penalties

  ``(a) Any person--
          ``(1) who violates any of subsections (a) through (i) or (l) 
        through (o) of section 614 shall be imprisoned for not more 
        than 10 years; and
  ``(2) violates subsection (p)(2) of section 612, shall be imprisoned 
not more than 20 years.
  ``(b) Whoever violates any other provision of section 612 of this 
chapter shall be imprisoned not more than one year.
  ``(c)(1) Any explosive materials involved or used or intended to be 
used in any violation of the provisions of this chapter or any other 
rule or regulation promulgated thereunder or any violation of any 
criminal law of the United States shall be subject to seizure and 
forfeiture, and all provisions of the Internal Revenue Code of 1986 
relating to the seizure, forfeiture, and disposition of firearms, as 
defined in section 5845(a) of that Code, shall, so far as applicable, 
extend to seizures and forfeitures under the provisions of this 
chapter.
  ``(2) Notwithstanding paragraph (1), in the case of the seizure of 
any explosive materials for any offense for which the materials would 
be subject to forfeiture in which it would be impracticable or unsafe 
to remove the materials to a place of storage or would be unsafe to 
store them, the seizing officer may destroy the explosive materials 
forthwith. Any destruction under this paragraph shall be in the 
presence of at least 1 credible witness. The seizing officer shall make 
a report of the seizure and take samples as the Attorney General may by 
regulation prescribe.
  ``(3) Within 60 days after any destruction made pursuant to paragraph 
(2), the owner of (including any person having an interest in) the 
property so destroyed may make application to the Attorney General for 
reimbursement of the value of the property. If the claimant establishes 
to the satisfaction of the Attorney General that--
          ``(A) the property has not been used or involved in a 
        violation of law; or
          ``(B) any unlawful involvement or use of the property was 
        without the claimant's knowledge, consent, or willful 
        blindness,
the Attorney General shall make an allowance to the claimant not 
exceeding the value of the property destroyed.
  ``(d) Whoever transports or receives, or attempts to transport or 
receive, in interstate or foreign commerce any explosive with the 
knowledge or intent that it will be used to kill, injure, or intimidate 
any individual or unlawfully to damage or destroy any building, 
vehicle, or other real or personal property, shall be imprisoned for 
not more than ten years; and if personal injury results to any person, 
including any public safety officer performing duties as a direct or 
proximate result of conduct prohibited by this subsection, shall be 
imprisoned for not more than twenty years; and if death results to any 
person, including any public safety officer performing duties as a 
direct or proximate result of conduct prohibited by this subsection, 
shall be subject to imprisonment for any term of years, or to the death 
penalty or to life imprisonment.
  ``(e) Whoever, through the use of the mail, telephone, telegraph, or 
other instrument of interstate or foreign commerce, or in or affecting 
interstate or foreign commerce, willfully makes any threat, or 
maliciously conveys false information knowing the same to be false, 
concerning an attempt or alleged attempt being made, or to be made, to 
kill, injure, or intimidate any individual or unlawfully to damage or 
destroy any building, vehicle, or other real or personal property by 
means of fire or an explosive shall be imprisoned for not more than 10 
years.
  ``(f)(1) Whoever maliciously damages or destroys, or attempts to 
damage or destroy, by means of fire or an explosive, any building, 
vehicle, or other personal or real property in whole or in part owned 
or possessed by, or leased to, the United States, or any department or 
agency thereof, or any institution or organization receiving Federal 
financial assistance, shall be imprisoned for not less than 5 years and 
not more than 20 years.
  ``(2) Whoever engages in conduct prohibited by this subsection, and 
as a result of such conduct, directly or proximately causes personal 
injury or creates a substantial risk of injury to any person, including 
any public safety officer performing duties, shall be imprisoned for 
not less than 7 years and not more than 40 years.
  ``(3) Whoever engages in conduct prohibited by this subsection, and 
as a result of such conduct directly or proximately causes the death of 
any person, including any public safety officer performing duties, 
shall be subject to the death penalty, or imprisoned for not less than 
20 years or for life.
  ``(g)(1) Except as provided in paragraph (2), whoever possesses an 
explosive in an airport that is subject to the regulatory authority of 
the Federal Aviation Administration, or in any building in whole or in 
part owned, possessed, or used by, or leased to, the United States or 
any department or agency thereof, except with the written consent of 
the agency, department, or other person responsible for the management 
of such building or airport, shall be imprisoned for not more than five 
years.
  ``(2) The provisions of this subsection shall not be applicable to--
          ``(A) the possession of ammunition (as that term is defined 
        in regulations issued pursuant to this chapter) in an airport 
        that is subject to the regulatory authority of the Federal 
        Aviation Administration if such ammunition is either in checked 
        baggage or in a closed container; or
          ``(B) the possession of an explosive in an airport if the 
        packaging and transportation of such explosive is exempt from, 
        or subject to and in accordance with, regulations of the 
        Pipeline and Hazardous Materials Safety Administration for the 
        handling of hazardous materials pursuant to chapter 51 of title 
        49.
  ``(h) Whoever--
          ``(1) uses fire or an explosive to commit any felony which 
        may be prosecuted in a court of the United States, or
          ``(2) carries an explosive during the commission of any 
        felony which may be prosecuted in a court of the United States,
including a felony which provides for an enhanced punishment if 
committed by the use of a deadly or dangerous weapon or device shall, 
in addition to the punishment provided for such felony, be sentenced to 
imprisonment for 10 years. In the case of a second or subsequent 
conviction under this subsection, such person shall be sentenced to 
imprisonment for 20 years. Notwithstanding any other provision of law, 
the court shall not place on probation or suspend the sentence of any 
person convicted of a violation of this subsection, nor shall the term 
of imprisonment imposed under this subsection run concurrently with any 
other term of imprisonment including that imposed for the felony in 
which the explosive was used or carried.
  ``(i) Whoever maliciously damages or destroys, or attempts to damage 
or destroy, by means of fire or an explosive, any building, vehicle, or 
other real or personal property used in interstate or foreign commerce 
or in any activity affecting interstate or foreign commerce shall be 
imprisoned for not less than 5 years and not more than 20 years; and if 
personal injury results to any person, including any public safety 
officer performing duties as a direct or proximate result of conduct 
prohibited by this subsection, shall be imprisoned for not less than 7 
years and not more than 40 years; and if death results to any person, 
including any public safety officer performing duties as a direct or 
proximate result of conduct prohibited by this subsection, shall also 
be subject to imprisonment for any term of years, or to the death 
penalty or to life imprisonment.
  ``(j) For the purposes of subsections (d), (e), (f), (g), (h), and 
(i) of this section and section 612(p)(2), the term `explosive' means 
gunpowders, powders used for blasting, all forms of high explosives, 
blasting materials, fuzes (other than electric circuit breakers), 
detonators, and other detonating agents, smokeless powders, other 
explosive or incendiary devices within the meaning of paragraph (5) of 
section 232 of this title, and any chemical compounds, mechanical 
mixture, or device that contains any oxidizing and combustible units, 
or other ingredients, in such proportions, quantities, or packing that 
ignition by fire, by friction, by concussion, by percussion, or by 
detonation of the compound, mixture, or device or any part thereof may 
cause an explosion.
  ``(k) A person who steals any explosives materials which are moving 
as, or are a part of, or which have moved in, interstate or foreign 
commerce shall be imprisoned for not more than 10 years.
  ``(l) A person who steals any explosive material from a licensed 
importer, licensed manufacturer, or licensed dealer, or from any 
permittee shall be imprisoned not more than 10 years.
  ``(m) A person who conspires to commit an offense under subsection 
(h) shall be imprisoned for any term of years not exceeding 20.
  ``(n) Whoever knowingly transfers any explosive materials, knowing or 
having reasonable cause to believe that such explosive materials will 
be used to commit a crime of violence (as defined in section 584(c)(3)) 
or drug trafficking crime (as defined in section 584(c)(2)) shall be 
subject to the same penalties as may be imposed under subsection (h) 
for a first conviction for the use or carrying of an explosive 
material.
  ``(o) Theft Reporting Requirement.--
          ``(1) In general.--A holder of a license or permit who knows 
        that explosive materials have been stolen from that licensee or 
        permittee, shall report the theft to the Attorney General not 
        later than 24 hours after the discovery of the theft.
          ``(2) Penalty.--A holder of a license or permit who does not 
        report a theft in accordance with paragraph (1), shall be 
        imprisoned not more than 5 years.

``Sec. 615. Exceptions; relief from disabilities

  ``(a) Except in the case of subsection (l), (m), (n), or (o) of 
section 612 and subsections (d), (e), (f), (g), (h), and (i) of section 
614 of this title, this chapter does not apply to--
          ``(1) any aspect of the transportation of explosive materials 
        via railroad, water, highway, or air which are regulated by the 
        United States Department of Transportation and agencies 
        thereof, and which pertain to safety;
          ``(2) the use of explosive materials in medicines and 
        medicinal agents in the forms prescribed by the official United 
        States Pharmacopeia, or the National Formulary;
          ``(3) the transportation, shipment, receipt, or importation 
        of explosive materials for delivery to any agency of the United 
        States or to any State or political subdivision thereof;
          ``(4) small arms ammunition and components thereof;
          ``(5) commercially manufactured black powder in quantities 
        not to exceed fifty pounds, percussion caps, safety and 
        pyrotechnic fuses, quills, quick and slow matches, and friction 
        primers, intended to be used solely for sporting, recreational, 
        or cultural purposes in antique firearms as defined in section 
        581(a)(16) of title 18 of the United States Code, or in antique 
        devices as exempted from the term `destructive device' in 
        section 581(a)(4) of title 18 of the United States Code; and
          ``(6) the manufacture under the regulation of the military 
        department of the United States of explosive materials for, or 
        their distribution to or storage or possession by the military 
        or naval services or other agencies of the United States; or to 
        arsenals, navy yards, depots, or other establishments owned by, 
        or operated by or on behalf of, the United States.
  ``(b)(1) A person who is prohibited from shipping, transporting, 
receiving, or possessing any explosive under section 612(i) may apply 
to the Attorney General for relief from such prohibition.
  ``(2) The Attorney General may grant the relief requested under 
paragraph (1) if the Attorney General determines that the circumstances 
regarding the applicability of section 612(i), and the applicant's 
record and reputation, are such that the applicant will not be likely 
to act in a manner dangerous to public safety and that the granting of 
such relief is not contrary to the public interest.
  ``(3) A licensee or permittee who applies for relief, under this 
subsection, from the disabilities incurred under this chapter as a 
result of an indictment for or conviction of a crime punishable by 
imprisonment for a term exceeding 1 year shall not be barred by such 
disability from further operations under the license or permit pending 
final action on an application for relief filed pursuant to this 
section.
  ``(c) It is an affirmative defense against any proceeding involving 
subsections (l) through (o) of section 612 if the proponent proves by a 
preponderance of the evidence that the plastic explosive--
          ``(1) consisted of a small amount of plastic explosive 
        intended for and utilized solely in lawful--
                  ``(A) research, development, or testing of new or 
                modified explosive materials;
                  ``(B) training in explosives detection or development 
                or testing of explosives detection equipment; or
                  ``(C) forensic science purposes; or
          ``(2) was plastic explosive that, within 3 years after the 
        date of enactment of the Antiterrorism and Effective Death 
        Penalty Act of 1996, will be or is incorporated in a military 
        device within the territory of the United States and remains an 
        integral part of such military device, or is intended to be, or 
        is incorporated in, and remains an integral part of a military 
        device that is intended to become, or has become, the property 
        of any agency of the United States performing military or 
        police functions (including any military reserve component) or 
        the National Guard of any State, wherever such device is 
        located.
          ``(3) For purposes of this subsection, the term `military 
        device' includes, shells, bombs, projectiles, mines, missiles, 
        rockets, shaped charges, grenades, perforators, and similar 
        devices lawfully manufactured exclusively for military or 
        police purposes.

``Sec. 616. Additional powers of the Attorney General

  ``(a) The Attorney General is authorized to inspect the site of any 
accident, or fire, in which there is reason to believe that explosive 
materials were involved, in order that if any such incident has been 
brought about by accidental means, precautions may be taken to prevent 
similar accidents from occurring. In order to carry out the purpose of 
this subsection, the Attorney General is authorized to enter into or 
upon any property where explosive materials have been used, are 
suspected of having been used, or have been found in an otherwise 
unauthorized location. Nothing in this chapter shall be construed as 
modifying or otherwise affecting in any way the investigative authority 
of any other Federal agency. In addition to any other investigatory 
authority they have with respect to violations of provisions of this 
chapter, the Federal Bureau of Investigation, together with the Bureau 
of Alcohol, Tobacco, Firearms, and Explosives, shall have authority to 
conduct investigations with respect to violations of subsection (d), 
(e), (f), (g), (h), or (i) of section 614.
  ``(b) The Attorney General is authorized to establish a national 
repository of information on incidents involving arson and the 
suspected criminal misuse of explosives. All Federal agencies having 
information concerning such incidents shall report the information to 
the Attorney General pursuant to such regulations as deemed necessary 
to carry out the provisions of this subsection. The repository shall 
also contain information on incidents voluntarily reported to the 
Attorney General by State and local authorities.

``Sec. 617. Rules and regulations

  ``The administration of this subchapter shall be vested in the 
Attorney General. The Attorney General may prescribe such rules and 
regulations as he deems reasonably necessary to carry out the 
provisions of this chapter. The Attorney General shall give reasonable 
public notice, and afford to interested parties opportunity for 
hearing, prior to prescribing such rules and regulations.

``Sec. 618. Effect on State law

  ``No provision of this subchapter shall be construed as indicating an 
intent on the part of the Congress to occupy the field in which such 
provision operates to the exclusion of the law of any State on the same 
subject matter, unless there is a direct and positive conflict between 
such provision and the law of the State so that the two cannot be 
reconciled or consistently stand together.

                   ``SUBCHAPTER E--BIOLOGICAL WEAPONS

``Sec.
``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.

``Sec. 621. Prohibitions with respect to biological weapons

  ``(a) In General.--Whoever knowingly develops, produces, stockpiles, 
transfers, acquires, retains, or possesses any biological agent, toxin, 
or delivery system for use as a weapon, or knowingly assists a foreign 
state or any organization to do so shall be imprisoned for life or any 
term of years. There is extraterritorial Federal jurisdiction over an 
offense under this section committed by or against a national of the 
United States.
  ``(b) Additional Offense.--Whoever knowingly possesses any biological 
agent, toxin, or delivery system of a type or in a quantity that, under 
the circumstances, is not reasonably justified by a prophylactic, 
protective, bona fide research, or other peaceful purpose, shall be 
imprisoned not more than 10 years. In this subsection, the terms 
`biological agent' and `toxin' do not encompass any biological agent or 
toxin that is in its naturally occurring environment, if the biological 
agent or toxin has not been cultivated, collected, or otherwise 
extracted from its natural source.
  ``(c) Definition.--For purposes of this section, the term `for use as 
a weapon' includes the development, production, transfer, acquisition, 
retention, or possession of any biological agent, toxin, or delivery 
system for other than prophylactic, protective, bona fide research, or 
other peaceful purposes.

``Sec. 622. Requests for military assistance to enforce prohibition in 
                    certain emergencies

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

``Sec. 623. Possession by restricted persons

  ``(a) In General.--(1) No restricted person shall ship or transport 
in or affecting interstate or foreign commerce, or possess in or 
affecting interstate or foreign commerce, any biological agent or 
toxin, or receive any biological agent or toxin that has been shipped 
or transported in interstate or foreign commerce, if the biological 
agent or toxin is listed as a select agent in Appendix A of part 72 of 
title 42, Code of Federal Regulations, pursuant to section 351A of the 
Public Health Service Act, and is not exempted under subsection (h) of 
section 72.6, or Appendix A of part 72, of title 42, Code of Federal 
Regulations.
  ``(2) Whoever knowingly violates this section shall be imprisoned not 
more than 10 years, but the prohibition contained in this section shall 
not apply with respect to any duly authorized United States 
governmental activity.
  ``(b) Transfer to Unregistered Person.--
          ``(1) Select agents.--Whoever transfers a select agent to a 
        person who the transferor knows or has reasonable cause to 
        believe is not registered as required by regulations under 
        subsection (b) or (c) of section 351A of the Public Health 
        Service Act shall be imprisoned for not more than 5 years.
          ``(2) Certain other biological agents and toxins.--Whoever 
        transfers a biological agent or toxin listed pursuant to 
        section 212(a)(1) of the Agricultural Bioterrorism Protection 
        Act of 2002 to a person who the transferor knows or has 
        reasonable cause to believe is not registered as required by 
        regulations under subsection (b) or (c) of section 212 of such 
        Act shall be imprisoned for not more than 5 years.
  ``(c) Unregistered for Possession.--
          ``(1) Select agents.--Whoever knowingly possesses a 
        biological agent or toxin where such agent or toxin is a select 
        agent for which such person has not obtained a registration 
        required by regulations under section 351A(c) of the Public 
        Health Service Act shall be or imprisoned for not more than 5 
        years.
          ``(2) Certain other biological agents and toxins.--Whoever 
        knowingly possesses a biological agent or toxin where such 
        agent or toxin is a biological agent or toxin listed pursuant 
        to section 212(a)(1) of the Agricultural Bioterrorism 
        Protection Act of 2002 for which such person has not obtained a 
        registration required by regulations under section 212(c) of 
        such Act shall be imprisoned for not more than 5 years.
  ``(d) Definitions.--As used in this section:
          ``(1) The term `select agent' means a biological agent or 
        toxin to which subsection (a) applies. Such term (including for 
        purposes of subsection (a)) does not include any such 
        biological agent or toxin that is in its naturally-occurring 
        environment, if the biological agent or toxin has not been 
        cultivated, collected, or otherwise extracted from its natural 
        source.
          ``(2) The term `restricted person' means an individual who--
                  ``(A) is under indictment for a crime punishable by 
                imprisonment for a term exceeding 1 year;
                  ``(B) has been convicted in any court of a crime 
                punishable by imprisonment for a term exceeding 1 year;
                  ``(C) is a fugitive from justice;
                  ``(D) is an unlawful user of any controlled substance 
                (as defined in section 102 of the Controlled Substances 
                Act (21 U.S.C. 802));
                  ``(E) is an alien illegally or unlawfully in the 
                United States;
                  ``(F) has been adjudicated as a mental defective or 
                has been committed to any mental institution;
                  ``(G)(i) is an alien (other than an alien lawfully 
                admitted for permanent residence) who is a national of 
                a country as to which the Secretary of State, pursuant 
                to section 6(j) of the Export Administration Act of 
                1979 (50 U.S.C. App. 2405(j)), section 620A of chapter 
                1 of part M of the Foreign Assistance Act of 1961 (22 
                U.S.C. 2371), or section 40(d) of chapter 3 of the Arms 
                Export Control Act (22 U.S.C. 2780(d)), has made a 
                determination (that remains in effect) that such 
                country has repeatedly provided support for acts of 
                international terrorism, or (ii) acts for or on behalf 
                of, or operates subject to the direction or control of, 
                a government or official of a country described in this 
                subparagraph;
                  ``(H) has been discharged from the Armed Services of 
                the United States under dishonorable conditions; or
                  ``(I) is a member of, acts for or on behalf of, or 
                operates subject to the direction or control of, a 
                terrorist organization as defined in section 
                212(a)(3)(B)(vi) of the Immigration and Nationality Act 
                (8 U.S.C. 1182(a)(3)(B)(vi)).
          ``(3) The term `alien' has the same meaning as in section 
        101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(3)).
          ``(4) The term `lawfully admitted for permanent residence' 
        has the same meaning as in section 101(a)(20) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).

``Sec. 624. Variola virus

  ``(a) Unlawful Conduct.--
          ``(1) In general.--Except as provided in paragraph (2), it 
        shall be unlawful for any person to knowingly produce, 
        engineer, synthesize, acquire, transfer directly or indirectly, 
        receive, possess, import, export, or use, or possess and 
        threaten to use, variola virus.
          ``(2) Exception.--This subsection does not apply to conduct 
        by, or under the authority of, the Secretary of Health and 
        Human Services.
  ``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within 
the jurisdiction of the United States if--
          ``(1) the offense occurs in or affects interstate or foreign 
        commerce;
          ``(2) the offense occurs outside of the United States and is 
        committed by a national of the United States;
          ``(3) the offense is committed against a national of the 
        United States while the national is outside the United States;
          ``(4) the offense is committed against any property that is 
        owned, leased, or used by the United States or by any 
        department or agency of the United States, whether the property 
        is within or outside the United States; or
          ``(5) an offender aids or abets any person over whom 
        jurisdiction exists under this subsection in committing an 
        offense under this section or conspires with any person over 
        whom jurisdiction exists under this subsection to commit an 
        offense under this section.
  ``(c) Criminal Penalties.--
          ``(1) In general.--Whoever violates subsection (a) shall be 
        sentenced to a term of imprisonment not less than 25 years or 
        to imprisonment for life.
          ``(2) Other circumstances.--Whoever, in the course of a 
        violation of subsection (a), uses or possesses and threatens to 
        use, any item or items described in subsection (a), shall be 
        imprisoned for not less than 30 years or imprisoned for life.
          ``(3) Special circumstances.--If the death of another results 
        from a person's violation of subsection (a), the person shall 
        be punished by imprisonment for life.
  ``(d) Definition.--As used in this section, the term `variola virus' 
means a virus that can cause human smallpox or any derivative of the 
variola major virus that contains more than 85 percent of the gene 
sequence of the variola major virus or the variola minor virus.

``Sec. 625. Seizure, forfeiture, and destruction

  ``(a) In General.--(1) Except as provided in paragraph (2), the 
Attorney General may request the issuance, in the same manner as 
provided for a search warrant, of a warrant authorizing the seizure of 
any biological agent, toxin, or delivery system that--
          ``(A) pertains to conduct prohibited under section 621; or
          ``(B) is of a type or in a quantity that under the 
        circumstances has no apparent justification for prophylactic, 
        protective, or other peaceful purposes.
  ``(2) In exigent circumstances, seizure and destruction of any 
biological agent, toxin, or delivery system described in subparagraphs 
(A) and (B) of paragraph (1) may be made upon probable cause without 
the necessity for a warrant.
  ``(b) Procedure.--Property seized pursuant to subsection (a) shall be 
forfeited to the United States after notice to potential claimants and 
an opportunity for a hearing. At such hearing, the Government shall 
bear the burden of persuasion by a preponderance of the evidence. 
Except as inconsistent herewith, the same procedures and provisions of 
law relating to a forfeiture under the customs laws shall extend to a 
seizure or forfeiture under this section. The Attorney General may 
provide for the destruction or other appropriate disposition of any 
biological agent, toxin, or delivery system seized and forfeited 
pursuant to this section.
  ``(c) Affirmative Defense.--It is an affirmative defense against a 
forfeiture under subsection (a)(1)(B) of this section that--
          ``(1) such biological agent, toxin, or delivery system is for 
        a prophylactic, protective, or other peaceful purpose; and
          ``(2) such biological agent, toxin, or delivery system, is of 
        a type and quantity reasonable for that purpose.

``Sec. 626. Injunctions

  ``(a) In General.--The United States may obtain in a civil action an 
injunction against--
          ``(1) the conduct prohibited under section 621 of this title;
          ``(2) the preparation, solicitation, attempt, threat, or 
        conspiracy to engage in conduct prohibited under section 621; 
        or
          ``(3) the development, production, stockpiling, transferring, 
        acquisition, retention, or possession, or the attempted 
        development, production, stockpiling, transferring, 
        acquisition, retention, or possession of any biological agent, 
        toxin, or delivery system of a type or in a quantity that under 
        the circumstances has no apparent justification for 
        prophylactic, protective, or other peaceful purposes.
  ``(b) Affirmative Defense.--It is an affirmative defense against an 
injunction under subsection (a)(3) of this section that--
          ``(1) the conduct sought to be enjoined is for a 
        prophylactic, protective, or other peaceful purpose; and
          ``(2) such biological agent, toxin, or delivery system is of 
        a type and quantity reasonable for that purpose.

``Sec. 627. Definitions

  ``As used in this chapter--
          ``(1) the term `biological agent' means any microorganism 
        (including bacteria, viruses, fungi, rickettsiae or protozoa), 
        or infectious substance, or any naturally occurring, 
        bioengineered or synthesized component of any such 
        microorganism or infectious substance, capable of causing--
                  ``(A) death, disease, or other biological malfunction 
                in a human, an animal, a plant, or another living 
                organism;
                  ``(B) deterioration of food, water, equipment, 
                supplies, or material of any kind; or
                  ``(C) deleterious alteration of the environment;
          ``(2) the term `toxin' means the toxic material or product of 
        plants, animals, microorganisms (including bacteria, viruses, 
        fungi, rickettsiae or protozoa), or infectious substances, or a 
        recombinant or synthesized molecule, whatever their origin and 
        method of production, and includes--
                  ``(A) any poisonous substance or biological product 
                that may be engineered as a result of biotechnology 
                produced by a living organism; or
                  ``(B) any poisonous isomer or biological product, 
                homolog, or derivative of such a substance;
          ``(3) the term `delivery system' means--
                  ``(A) any apparatus, equipment, device, or means of 
                delivery specifically designed to deliver or 
                disseminate a biological agent, toxin, or vector; or
                  ``(B) any vector; and
          ``(4) the term `vector' means a living organism, or molecule, 
        including a recombinant or synthesized molecule, capable of 
        carrying a biological agent or toxin to a host.

                    ``SUBCHAPTER F--CHEMICAL WEAPONS

``Sec.
``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.

``Sec. 631. Prohibited activities

  ``(a) Unlawful Conduct.--Except as provided in subsection (b), it 
shall be unlawful for any person knowingly--
          ``(1) to develop, produce, otherwise acquire, transfer 
        directly or indirectly, receive, stockpile, retain, own, 
        possess, or use, or threaten to use, any chemical weapon; or
          ``(2) to assist or induce, in any way, any person to violate 
        paragraph (1).
  ``(b) Exempted Agencies and Persons.--
          ``(1) In general.--Subsection (a) does not apply to the 
        retention, ownership, possession, transfer, or receipt of a 
        chemical weapon by a department, agency, or other entity of the 
        United States, or by a person described in paragraph (2), 
        pending destruction of the weapon.
          ``(2) Exempted persons.--A person referred to in paragraph 
        (1) is--
                  ``(A) any person, including a member of the Armed 
                Forces of the United States, who is authorized by law 
                or by an appropriate officer of the United States to 
                retain, own, possess, transfer, or receive the chemical 
                weapon; or
                  ``(B) in an emergency situation, any otherwise 
                nonculpable person if the person is attempting to 
                destroy or seize the weapon.
  ``(c) Jurisdiction.--Conduct prohibited by subsection (a) is within 
the jurisdiction of the United States if the prohibited conduct--
          ``(1) takes place in the United States;
          ``(2) takes place outside of the United States and is 
        committed by a national of the United States;
          ``(3) is committed against a national of the United States 
        while the national is outside the United States; or
          ``(4) is committed against any property that is owned, 
        leased, or used by the United States or by any department or 
        agency of the United States, whether the property is within or 
        outside the United States.

``Sec. 632. Penalties

  ``(a) Criminal Penalties.--
          ``(1) In general.--Whoever violates section 631 of this title 
        shall be imprisoned for any term of years.
          ``(2) Death penalty.--Whoever violates section 631 of this 
        title and by whose action the death of another person is the 
        result shall be punished by death or imprisoned for life.
  ``(b) Civil Penalties.--
          ``(1) In general.--The Attorney General may bring a civil 
        action in the appropriate United States district court against 
        any person who violates section 631 of this title and, upon 
        proof of such violation by a preponderance of the evidence, 
        such person shall be subject to pay a civil penalty in an 
        amount not to exceed $100,000 for each such violation.
          ``(2) Relation to other proceedings.--The imposition of a 
        civil penalty under this subsection does not preclude any other 
        criminal or civil statutory, common law, or administrative 
        remedy, which is available by law to the United States or any 
        other person.
  ``(c) Reimbursement of Costs.--The court shall order any person 
convicted of an offense under subsection (a) to reimburse the United 
States for any expenses incurred by the United States incident to the 
seizure, storage, handling, transportation, and destruction or other 
disposition of any property that was seized in connection with an 
investigation of the commission of the offense by that person. A person 
ordered to reimburse the United States for expenses under this 
subsection shall be jointly and severally liable for such expenses with 
each other person, if any, who is ordered under this subsection to 
reimburse the United States for the same expenses.

``Sec. 633. Individual self-defense devices

  ``This subchapter does not prohibit any individual self-defense 
device, including one using a pepper spray or chemical mace.

``Sec. 634. Injunctions

  ``The United States may obtain in a civil action an injunction 
against--
          ``(1) the conduct prohibited under section 631 or 674; or
          ``(2) the preparation or solicitation to engage in conduct 
        prohibited under section 631 or 675.

``Sec. 635. Requests for military assistance to enforce prohibition in 
                    certain emergencies

  ``The Attorney General may request the Secretary of Defense to 
provide assistance under section 382 of title 10 in support of 
Department of Justice activities relating to the enforcement of section 
631 in an emergency situation involving a chemical weapon. The 
authority to make such a request may be exercised by another official 
of the Department of Justice in accordance with section 382(f)(2) of 
title 10.

``Sec. 636. Definitions

  ``In this chapter the following apply:
          ``(1) Chemical weapon.--The term `chemical weapon' means the 
        following, together or separately:
                  ``(A) A toxic chemical and its precursors, except 
                where intended for a purpose not prohibited under this 
                chapter as long as the type and quantity is consistent 
                with such a purpose.
                  ``(B) A munition or device, specifically designed to 
                cause death or other harm through toxic properties of 
                those toxic chemicals specified in subparagraph (A), 
                which would be released as a result of the employment 
                of such munition or device.
                  ``(C) Any equipment specifically designed for use 
                directly in connection with the employment of munitions 
                or devices specified in subparagraph (B).
          ``(2) Chemical weapons convention; convention.--The terms 
        `Chemical Weapons Convention' and `Convention' mean the 
        Convention on the Prohibition of the Development, Production, 
        Stockpiling and Use of Chemical Weapons and on Their 
        Destruction, opened for signature on January 13, 1993.
          ``(3) Key component of a binary or multicomponent chemical 
        system.--The term `key component of a binary or multicomponent 
        chemical system' means the precursor which plays the most 
        important role in determining the toxic properties of the final 
        product and reacts rapidly with other chemicals in the binary 
        or multicomponent system.
          ``(4) Precursor.--
                  ``(A) In general.--The term `precursor' means any 
                chemical reactant which takes part at any stage in the 
                production by whatever method of a toxic chemical. The 
                term includes any key component of a binary or 
                multicomponent chemical system.
                  ``(B) List of precursors.--Precursors which have been 
                identified for the application of verification measures 
                under Article VI of the Convention are listed in 
                schedules contained in the Annex on Chemicals of the 
                Chemical Weapons Convention.
          ``(5) Purposes not prohibited by this chapter.--The term 
        `purposes not prohibited by this chapter' means the following:
                  ``(A) Peaceful purposes.--Any peaceful purpose 
                related to an industrial, agricultural, research, 
                medical, or pharmaceutical activity or other activity.
                  ``(B) Protective purposes.--Any purpose directly 
                related to protection against toxic chemicals and to 
                protection against chemical weapons.
                  ``(C) Unrelated military purposes.--Any military 
                purpose of the United States that is not connected with 
                the use of a chemical weapon or that is not dependent 
                on the use of the toxic or poisonous properties of the 
                chemical weapon to cause death or other harm.
                  ``(D) Law enforcement purposes.--Any law enforcement 
                purpose, including any domestic riot control purpose 
                and including imposition of capital punishment.
          ``(6) Toxic chemical.--
                  ``(A) In general.--The term `toxic chemical' means 
                any chemical which through its chemical action on life 
                processes can cause death, temporary incapacitation or 
                permanent harm to humans or animals. The term includes 
                all such chemicals, regardless of their origin or of 
                their method of production, and regardless of whether 
                they are produced in facilities, in munitions or 
                elsewhere.
                  ``(B) List of toxic chemicals.--Toxic chemicals which 
                have been identified for the application of 
                verification measures under Article VI of the 
                Convention are listed in schedules contained in the 
                Annex on Chemicals of the Chemical Weapons Convention.

                 ``CHAPTER 23--THEFT AND RELATED CRIMES

``Subchapter
                                                                    Sec.
``A. Embezzlement and theft.......................................   641

``B. Stolen property..............................................   671

``C. Counterfeiting and forgery...................................   691

                 ``SUBCHAPTER A--EMBEZZLEMENT AND THEFT

``Sec.
``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.
``647.  Interstate or foreign shipments by carrier; State prosecutions.
``648.  Carrier's funds derived from commerce; State prosecutions.
``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; obstruction of investigations.
``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.

``Sec. 641. Public money, property or records

  ``(a) Offense.--Whoever--
          ``(1) embezzles, steals, purloins, or knowingly converts to 
        his use or the use of another, or without authority, sells, 
        conveys or disposes of any record, voucher, money, or thing of 
        value of the United States or of any department or agency 
        thereof, or any property made or being made under contract for 
        the United States or any department or agency thereof; or
          ``(2) receives, conceals, or retains the same with intent to 
        convert it to his use or gain, knowing it to have been 
        embezzled, stolen, purloined or converted;
shall be imprisoned not more than ten years; but if the value of such 
property in the aggregate, combining amounts from all the counts for 
which the defendant is convicted in a single case, does not exceed the 
sum of $1,000, he shall be imprisoned not more than one year.
  ``(b) Definition.--As used in this section the term `value' means 
face, par, or market value, or cost price, either wholesale or retail, 
whichever is greater.

``Sec. 642. Accounting generally for public money

  ``Whoever, being an officer, employee or agent of the United States 
or of any department or agency thereof, having received public money 
which he is not authorized to retain as salary, pay, or emolument, 
fails to render his accounts for the same as provided by law is guilty 
of embezzlement, and shall be or imprisoned not more than ten years; 
but if the amount embezzled does not exceed $1,000, he shall be 
imprisoned not more than one year.

``Sec. 643. Officer or employee of United States converting property of 
                    another

  ``Whoever, being an officer or employee of the United States or of 
any department or agency thereof, embezzles or wrongfully converts to 
his own use the money or property of another which comes into his 
possession or under his control in the execution of such office or 
employment, or under color or claim of authority as such officer or 
employee, shall be imprisoned not more than ten years; but if the sum 
embezzled is $1,000 or less, he shall be imprisoned not more than one 
year.

``Sec. 644. Theft, embezzlement, or misapplication by bank officer or 
                    employee

  ``(a) Offense.--Whoever, being an officer, director, agent or 
employee of, or connected in any capacity with any Federal Reserve 
bank, member bank, depository institution holding company, national 
bank, insured bank, branch or agency of a foreign bank, or organization 
operating under section 25 or section 25(a) of the Federal Reserve Act, 
or a receiver of a national bank, insured bank, branch, agency, or 
organization or any agent or employee of the receiver, or a Federal 
Reserve Agent, or an agent or employee of a Federal Reserve Agent or of 
the Board of Governors of the Federal Reserve System, embezzles, 
abstracts, purloins or knowingly misapplies any of the moneys, funds or 
credits of such bank, branch, agency, or organization or holding 
company or any moneys, funds, assets or securities intrusted to the 
custody or care of such bank, branch, agency, or organization, or 
holding company or to the custody or care of any such agent, officer, 
director, employee or receiver, shall be imprisoned not more than 30 
years; but if the amount embezzled, abstracted, purloined or misapplied 
does not exceed $1,000, he shall be imprisoned not more than one year.
  ``(b) Definitions.--As used in this section--
          ``(1) the term `member bank' means any national bank, state 
        bank, or bank and trust company which has become a member of 
        one of the Federal Reserve banks;
          ``(2) the term `insured bank' means any bank, banking 
        association, trust company, savings bank, or other banking 
        institution, the deposits of which are insured by the Federal 
        Deposit Insurance Corporation;
          ``(3) the term `branch or agency of a foreign bank' means a 
        branch or agency described in section 20(9) of this title; and
          ``(4) the term `depository institution holding company' has 
        the meaning given such term in section 3 of the Federal Deposit 
        Insurance Act.

``Sec. 645. Lending, credit, and insurance institutions

  ``Whoever, being an officer, agent or employee of or connected in any 
capacity with the Federal Deposit Insurance Corporation, National 
Credit Union Administration, Office of Thrift Supervision, the 
Resolution Trust Corporation, any Federal home loan bank, the Federal 
Housing Finance Agency, Farm Credit Administration, Department of 
Housing and Urban Development, Federal Crop Insurance Corporation, the 
Secretary of Agriculture acting through the Farmers Home Administration 
or successor agency, the Rural Development Administration or successor 
agency, or the Farm Credit System Insurance Corporation, a Farm Credit 
Bank, a bank for cooperatives or any lending, mortgage, insurance, 
credit or savings and loan corporation or association authorized or 
acting under the laws of the United States or any institution, other 
than an insured bank (as defined in section 656), the accounts of which 
are insured by the Federal Deposit Insurance Corporation, or by the 
National Credit Union Administration Board or any small business 
investment company, or any community development financial institution 
receiving financial assistance under the Riegle Community Development 
and Regulatory Improvement Act of 1994, and whoever, being a receiver 
of any such institution, or agent or employee of the receiver, 
embezzles, abstracts, purloins or knowingly misapplies any moneys, 
funds, credits, securities or other things of value belonging to such 
institution, or pledged or otherwise intrusted to its care, shall be 
imprisoned not more than 30 years; but if the amount or value 
embezzled, abstracted, purloined or misapplied does not exceed $1,000, 
he shall be imprisoned not more than one year.

``Sec. 646. Property mortgaged or pledged to farm credit agencies

  ``Whoever, with intent to defraud, knowingly conceals, removes, 
disposes of, or converts to his own use or to that of another, any 
property mortgaged or pledged to, or held by, the Farm Credit 
Administration, any Federal intermediate credit bank, or the Federal 
Crop Insurance Corporation, the Secretary of Agriculture acting through 
the Farmers Home Administration or successor agency, the Rural 
Development Administration or successor agency, any regional 
agricultural credit corporation, or any bank for cooperatives, shall be 
imprisoned not more than five years; but if the value of such property 
does not exceed $1,000, he shall be imprisoned not more than one year.

``Sec. 647. Interstate or foreign shipments by carrier; State 
                    prosecutions

  ``(a) Offense.--Whoever--
          ``(1) embezzles, steals, or unlawfully takes, carries away, 
        or conceals, or by fraud or deception obtains from any pipeline 
        system, railroad car, wagon, motortruck, or other vehicle, or 
        from any tank or storage facility, station, station house, 
        platform or depot or from any steamboat, vessel, or wharf, or 
        from any aircraft, air terminal, airport, aircraft terminal or 
        air navigation facility with intent to convert to his own use 
        any goods or chattels moving as or which are a part of or which 
        constitute an interstate or foreign shipment of freight, 
        express, or other property;
          ``(2) buys or receives or has in his possession any such 
        goods or chattels, knowing the same to have been embezzled or 
        stolen;
          ``(3) embezzles, steals, or unlawfully takes, carries away, 
        or by fraud or deception obtains with intent to convert to his 
        own use any baggage which shall have come into the possession 
        of any common carrier for transportation in interstate or 
        foreign commerce or breaks into, steals, takes, carries away, 
        or conceals any of the contents of such baggage, or buys, 
        receives, or has in his possession any such baggage or any 
        article therefrom of whatever nature, knowing the same to have 
        been embezzled or stolen; or
          ``(4) embezzles, steals, or unlawfully takes by any 
        fraudulent device, scheme, or game, from any railroad car, bus, 
        vehicle, steamboat, vessel, or aircraft operated by any common 
        carrier moving in interstate or foreign commerce or from any 
        passenger thereon any money, baggage, goods, or chattels, or 
        whoever buys, receives, or has in his possession any such 
        money, baggage, goods, or chattels, knowing the same to have 
        been embezzled or stolen;
shall be imprisoned not more than ten years, but if the amount or value 
of such money, baggage, goods or chattels does not exceed $1,000, shall 
be imprisoned not more than one year.
  ``(b) Bar to Prosecution.--A judgment of conviction or acquittal on 
the merits under the laws of any State shall be a bar to any 
prosecution under this section for the same act or acts. Nothing 
contained in this section shall be construed as indicating an intent on 
the part of Congress to occupy the field in which provisions of this 
section operate to the exclusion of State laws on the same subject 
matter, nor shall any provision of this section be construed as 
invalidating any provision of State law unless such provision is 
inconsistent with any of the purposes of this section or any provision 
thereof.

``Sec. 648. Carrier's funds derived from commerce; State prosecutions

  ``(a) Offense.--Whoever, being a president, director, officer, or 
manager of any firm, association, or corporation engaged in commerce as 
a common carrier, or whoever, being an employee of such common carrier 
riding in or upon any railroad car, motortruck, steamboat, vessel, 
aircraft or other vehicle of such carrier moving in interstate 
commerce, embezzles, steals, abstracts, or knowingly misapplies, or 
knowingly permits to be misapplied, any of the moneys, funds, credits, 
securities, property, or assets of such firm, association, or 
corporation arising or accruing from, or used in, such commerce, in 
whole or in part, or knowingly converts the same to his own use or to 
the use of another, shall be imprisoned not more than ten years.
  ``(b) Venue.--The offense shall be deemed to have been committed not 
only in the district where the violation first occurred but also in any 
district in which the defendant may have taken or had possession of 
such moneys, funds, credits, securities, property or assets.
  ``(c) Bar to Prosecution.--A judgment of conviction or acquittal on 
the merits under the laws of any State shall be a bar to any 
prosecution hereunder for the same act or acts.

``Sec. 649. Within special maritime and territorial jurisdiction

  ``Whoever, within the special maritime and territorial jurisdiction 
of the United States, takes and carries away, with intent to steal or 
purloin, any personal property of another shall, if the property taken 
is of a value exceeding $1,000, or is taken from the person of another, 
be imprisoned not more than five years, and in all other cases, 
imprisoned not more than one year.

``Sec. 650. Receiving stolen property within special maritime and 
                    territorial jurisdiction

  ``Whoever, within the special maritime and territorial jurisdiction 
of the United States, buys, receives, or conceals any money, goods, 
bank notes, or other thing which may be the subject of larceny, which 
has been feloniously taken, stolen, or embezzled, from any other 
person, knowing the same to have been so taken, stolen, or embezzled, 
shall be imprisoned not more than three years, but if the amount or 
value of thing so taken, stolen or embezzled does not exceed $1,000, 
the offender shall be imprisoned not more than one year.

``Sec. 651. Theft or embezzlement from employee benefit plan

  ``(a)  Offense.--Whoever embezzles, steals, or unlawfully and 
knowingly abstracts or converts any property of any employee welfare 
benefit plan or employee pension benefit plan, or of any fund connected 
therewith, shall be imprisoned not more than five years.
  ``(b) Definition.--As used in this section, the term `any employee 
welfare benefit plan or employee pension benefit plan' means any 
employee benefit plan subject to any provision of title I of the 
Employee Retirement Income Security Act of 1974.

``Sec. 652. Theft or embezzlement from employment and training funds; 
                    improper inducement; obstruction of investigations

  ``(a) Theft or Embezzlement From Employment and Training Funds.--
Whoever, being an officer, director, agent, or employee of, or 
connected in any capacity with any agency or organization receiving 
financial assistance or any funds under the Job Training Partnership 
Act or title I of the Workforce Investment Act of 1998 knowingly 
enrolls an ineligible participant, embezzles, knowingly misapplies, 
steals, or obtains by fraud any property that is the subject of a 
financial assistance agreement or contract pursuant to such Act shall 
be imprisoned for not more than 2 years, but if the amount so 
embezzled, misapplied, stolen, or obtained by fraud does not exceed 
$1,000, the offender shall be imprisoned not more than 1 year.
  ``(b) Improper Inducement.--Whoever, by threat or procuring dismissal 
of any person from employment or of refusal to employ or refusal to 
renew a contract of employment in connection with a financial 
assistance agreement or contract under the Job Training Partnership Act 
or title I of the Workforce Investment Act of 1998 induces any person 
to give up any money or thing of any value to any person (including 
such organization or agency receiving funds) shall be imprisoned not 
more than 1 year.

``Sec. 653. Theft or bribery concerning programs receiving Federal 
                    funds

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

``Sec. 654. Theft of major artwork

  ``(a) Offenses.--A person who--
          ``(1) steals or obtains by fraud from the care, custody, or 
        control of a museum any object of cultural heritage; or
          ``(2) knowing that an object of cultural heritage has been 
        stolen or obtained by fraud, if in fact the object was stolen 
        or obtained from the care, custody, or control of a museum 
        (whether or not that fact is known to the person), receives, 
        conceals, exhibits, or disposes of the object,
shall be imprisoned not more than 10 years.
  ``(b) Definitions.--In this section--
          ``(1) the term `museum' means an organized and permanent 
        institution, the activities of which affect interstate or 
        foreign commerce, that--
                  ``(A) is situated in the United States;
                  ``(B) is established for an essentially educational 
                or aesthetic purpose;
                  ``(C) has a professional staff; and
                  ``(D) owns, utilizes, and cares for tangible objects 
                that are exhibited to the public on a regular schedule; 
                and
          ``(2) the term `object of cultural heritage' means an object 
        that is--
                  ``(A) over 100 years old and worth in excess of 
                $5,000; or
                  ``(B) worth at least $100,000.

``Sec. 655. Theft or embezzlement in connection with health care

  ``Whoever knowingly embezzles, steals, or otherwise without authority 
converts or intentionally misapplies any of the moneys, funds, 
securities, premiums, credits, property, or other assets of a health 
care benefit program, shall be imprisoned not more than 10 years, but 
if the value of such property does not exceed the sum of $100 the 
offender shall be imprisoned not more than one year.

``Sec. 656. Embezzlement of labor organization assets.

  ``(a) Offense.--Whoever, being an officer or employee of a labor 
organization, embezzles, steals, or unlawfully and knowingly abstracts 
or converts any of the property of the organization shall be imprisoned 
for not more than five years.
  ``(b) Definition.--As used in this section the term `labor 
organization' has the meaning given that term in the National Labor 
Relations Act.

                    ``SUBCHAPTER B--STOLEN PROPERTY

``Sec.
``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.

``Sec. 670. Definitions for subchapter

  ``The following definitions apply in this subchapter:
          ``(1) The term `aircraft' means any contrivance now known or 
        hereafter invented, used, or designed for navigation of or for 
        flight in the air.
          ``(2) The term `cattle' means one or more bulls, steers, 
        oxen, cows, heifers, or calves, or the carcass or carcasses 
        thereof.
          ``(3) The term `livestock' means any domestic animals raised 
        for home use, consumption, or profit, such as horses, pigs, 
        llamas, goats, fowl, sheep, buffalo, and cattle, or the 
        carcasses thereof.
          ``(4) The term `money' means the legal tender of the United 
        States or of any foreign country, or any counterfeit thereof.
          ``(5) The term `motor vehicle' means an automobile, 
        automobile truck, automobile wagon, motorcycle, or any other 
        self-propelled vehicle designed for running on land but not on 
        rails.
          ``(6) The term `securities' means any note, stock 
        certificate, bond, debenture, check, draft, warrant, traveler's 
        check, letter of credit, warehouse receipt, negotiable bill of 
        lading, evidence of indebtedness, certificate of interest or 
        participation in any profit-sharing agreement, collateral-trust 
        certificate, preorganization certificate or subscription, 
        transferable share, investment contract, voting-trust 
        certificate; valid or blank motor vehicle title; certificate of 
        interest in property, tangible or intangible; instrument or 
        document or writing evidencing ownership of goods, wares, and 
        merchandise, or transferring or assigning any right, title, or 
        interest in or to goods, wares, and merchandise; or, in 
        general, any instrument commonly known as a `security', or any 
        certificate of interest or participation in, temporary or 
        interim certificate for, receipt for, warrant, or right to 
        subscribe to or purchase any of the foregoing, or any forged, 
        counterfeited, or spurious representation of any of the 
        foregoing.
          ``(7) The term `tax stamp' means any tax stamp, tax token, 
        tax meter imprint, or any other form of evidence of an 
        obligation running to a State, or evidence of the discharge 
        thereof.
          ``(8) The term `value' means the face, par, or market value, 
        whichever is the greatest, and the aggregate value of all 
        goods, wares, and merchandise, securities, and money referred 
        to in a single indictment shall constitute the value thereof.
          ``(9) The term `vessel' means any watercraft or other 
        contrivance used or designed for transportation or navigation 
        on, under, or immediately above, water.

``Sec. 671. Transportation of stolen vehicles

  ``Whoever transports in interstate or foreign commerce a motor 
vehicle, vessel, or aircraft, knowing the same to have been stolen, 
shall be imprisoned not more than 10 years.

``Sec. 672. Sale or receipt of stolen vehicles

  ``Whoever receives, possesses, conceals, stores, barters, sells, or 
disposes of any motor vehicle, vessel, or aircraft, which has crossed a 
State or United States boundary after being stolen, knowing the same to 
have been stolen, shall be imprisoned not more than 10 years.

``Sec. 673. Transportation of stolen goods, securities, moneys, 
                    fraudulent State tax stamps, or articles used in 
                    counterfeiting

  ``Whoever--
          ``(1) transports, transmits, or transfers in interstate or 
        foreign commerce any goods, wares, merchandise, securities or 
        money, of the value of $5,000 or more, knowing the same to have 
        been stolen, converted or taken by fraud;
          ``(2) having devised or intending to devise any scheme or 
        artifice to defraud, or for obtaining money or property by 
        means of false or fraudulent pretenses, representations, or 
        promises, transports or causes to be transported, or induces 
        any person or persons to travel in, or to be transported in 
        interstate or foreign commerce in the execution or concealment 
        of a scheme or artifice to defraud that person or those persons 
        of money or property having a value of $5,000 or more;
          ``(3) with unlawful intent, transports in interstate or 
        foreign commerce any falsely made, forged, altered, or 
        counterfeited securities or tax stamps, knowing the same to 
        have been falsely made, forged, altered, or counterfeited;
          ``(4) with unlawful intent, transports in interstate or 
        foreign commerce any traveler's check bearing a forged 
        countersignature; or
          ``(5) with unlawful intent, transports in interstate or 
        foreign commerce, any tool, implement, or thing used or fitted 
        to be used in falsely making, forging, altering, or 
        counterfeiting any security or tax stamps, or any part thereof;
shall be imprisoned not more than ten years.

``Sec. 674. Sale or receipt of stolen goods, securities, moneys, or 
                    fraudulent State tax stamps

  ``Whoever--
          ``(1) receives, possesses, conceals, stores, barters, sells, 
        or disposes of any goods, wares, or merchandise, securities, or 
        money of the value of $5,000 or more, or pledges or accepts as 
        security for a loan any goods, wares, or merchandise, or 
        securities, of the value of $500 or more, which have crossed a 
        State or United States boundary after being stolen, unlawfully 
        converted, or taken, knowing the same to have been stolen, 
        unlawfully converted, or taken;
          ``(2) receives, possesses, conceals, stores, barters, sells, 
        or disposes of any falsely made, forged, altered, or 
        counterfeited securities or tax stamps, or pledges or accepts 
        as security for a loan any falsely made, forged, altered, or 
        counterfeited securities or tax stamps, moving as, or which are 
        a part of, or which constitute interstate or foreign commerce, 
        knowing the same to have been so falsely made, forged, altered, 
        or counterfeited; or
          ``(3) receives in interstate or foreign commerce, or 
        conceals, stores, barters, sells, or disposes of, any tool, 
        implement, or thing used or intended to be used in falsely 
        making, forging, altering, or counterfeiting any security or 
        tax stamp, or any part thereof, moving as, or which is a part 
        of, or which constitutes interstate or foreign commerce, 
        knowing that the same is fitted to be used, or has been used, 
        in falsely making, forging, altering, or counterfeiting any 
        security or tax stamp, or any part thereof;
shall be imprisoned not more than ten years.

``Sec. 675. Trafficking in counterfeit labels, illicit labels, or 
                    counterfeit documentation or packaging

  ``(a) Offense.--Whoever, as made applicable by subsection (c), 
knowingly traffics in--
          ``(1) a counterfeit label or illicit label affixed to, 
        enclosing, or accompanying, or designed to be affixed to, 
        enclose, or accompany--
                  ``(A) a phonorecord;
                  ``(B) a copy of a computer program;
                  ``(C) a copy of a motion picture or other audiovisual 
                work;
                  ``(D) a copy of a literary work;
                  ``(E) a copy of a pictorial, graphic, or sculptural 
                work;
                  ``(F) a work of visual art; or
                  ``(G) documentation or packaging; or
          ``(2) counterfeit documentation or packaging, shall be 
        imprisoned for not more than 5 years.
  ``(b) Definitions.--As used in this section--
          ``(1) the term `counterfeit label' means an identifying label 
        or container that appears to be genuine, but is not;
          ``(2) the term `traffic' has the meaning givent that term in 
        section 680;
          ``(3) the terms `copy', `phonorecord', `motion picture', 
        `computer program', `audiovisual work', `literary work', 
        `pictorial, graphic, or sculptural work', `sound recording', 
        `work of visual art', and `copyright owner' have, respectively, 
        the meanings given those terms in section 101 (relating to 
        definitions) of title 17;
          ``(4) the term `illicit label' means a genuine certificate, 
        licensing document, registration card, or similar labeling 
        component--
                  ``(A) that is used by the copyright owner to verify 
                that a phonorecord, a copy of a computer program, a 
                copy of a motion picture or other audiovisual work, a 
                copy of a literary work, a copy of a pictorial, 
                graphic, or sculptural work, a work of visual art, or 
                documentation or packaging is not counterfeit or 
                infringing of any copyright; and
                  ``(B) that is, without the authorization of the 
                copyright owner--
                          ``(i) distributed or intended for 
                        distribution not in connection with the copy, 
                        phonorecord, or work of visual art to which 
                        such labeling component was intended to be 
                        affixed by the respective copyright owner; or
                          ``(ii) in connection with a genuine 
                        certificate or licensing document, knowingly 
                        falsified in order to designate a higher number 
                        of licensed users or copies than authorized by 
                        the copyright owner, unless that certificate or 
                        document is used by the copyright owner solely 
                        for the purpose of monitoring or tracking the 
                        copyright owner's distribution channel and not 
                        for the purpose of verifying that a copy or 
                        phonorecord is noninfringing;
          ``(5) the term `documentation or packaging' means 
        documentation or packaging, in physical form, for a 
        phonorecord, copy of a computer program, copy of a motion 
        picture or other audiovisual work, copy of a literary work, 
        copy of a pictorial, graphic, or sculptural work, or work of 
        visual art; and
          ``(6) the term `counterfeit documentation or packaging' means 
        documentation or packaging that appears to be genuine, but is 
        not.
  ``(c) Application.--Subsection (a) applies if--
          ``(1) the offense is committed within the special maritime 
        and territorial jurisdiction of the United States; or within 
        the special aircraft jurisdiction of the United States (as 
        defined in section 46501 of title 49);
          ``(2) the mail or a facility of interstate or foreign 
        commerce is used or intended to be used in the commission of 
        the offense;
          ``(3) the counterfeit label or illicit label is affixed to, 
        encloses, or accompanies, or is designed to be affixed to, 
        enclose, or accompany--
                  ``(A) a phonorecord of a copyrighted sound recording 
                or copyrighted musical work;
                  ``(B) a copy of a copyrighted computer program;
                  ``(C) a copy of a copyrighted motion picture or other 
                audiovisual work;
                  ``(D) a copy of a literary work;
                  ``(E) a copy of a pictorial, graphic, or sculptural 
                work;
                  ``(F) a work of visual art; or
                  ``(G) copyrighted documentation or packaging; or
          ``(4) the counterfeited documentation or packaging is 
        copyrighted.
  ``(d) Forfeiture and Destruction of Property; Restitution.--
Forfeiture, destruction, and restitution relating to this section shall 
be subject to section 2323, to the extent provided in that section, in 
addition to any other similar remedies provided by law.
  ``(e) Civil Remedies.--
          ``(1) In general.--Any copyright owner who is injured, or is 
        threatened with injury, by a violation of subsection (a) may 
        bring a civil action in an appropriate United States district 
        court.
          ``(2) Discretion of court.--In any action brought under 
        paragraph (1), the court--
                  ``(A) may grant 1 or more temporary or permanent 
                injunctions on such terms as the court determines to be 
                reasonable to prevent or restrain a violation of 
                subsection (a);
                  ``(B) at any time while the action is pending, may 
                order the impounding, on such terms as the court 
                determines to be reasonable, of any article that is in 
                the custody or control of the alleged violator and that 
                the court has reasonable cause to believe was involved 
                in a violation of subsection (a); and
                  ``(C) may award to the injured party--
                          ``(i) reasonable attorney fees and costs; and
                          ``(ii)(I) actual damages and any additional 
                        profits of the violator, as provided in 
                        paragraph (3); or
                          ``(II) statutory damages, as provided in 
                        paragraph (4).
          ``(3) Actual damages and profits.--
                  ``(A) In general.--The injured party is entitled to 
                recover--
                          ``(i) the actual damages suffered by the 
                        injured party as a result of a violation of 
                        subsection (a), as provided in subparagraph (B) 
                        of this paragraph; and
                          ``(ii) any profits of the violator that are 
                        attributable to a violation of subsection (a) 
                        and are not taken into account in computing the 
                        actual damages.
                  ``(B) Calculation of damages.--The court shall 
                calculate actual damages by multiplying--
                          ``(i) the value of the phonorecords, copies, 
                        or works of visual art which are, or are 
                        intended to be, affixed with, enclosed in, or 
                        accompanied by any counterfeit labels, illicit 
                        labels, or counterfeit documentation or 
                        packaging, by
                          ``(ii) the number of phonorecords, copies, or 
                        works of visual art which are, or are intended 
                        to be, affixed with, enclosed in, or 
                        accompanied by any counterfeit labels, illicit 
                        labels, or counterfeit documentation or 
                        packaging.
                  ``(C) Definition.--For purposes of this paragraph, 
                the `value' of a phonorecord, copy, or work of visual 
                art is--
                          ``(i) in the case of a copyrighted sound 
                        recording or copyrighted musical work, the 
                        retail value of an authorized phonorecord of 
                        that sound recording or musical work;
                          ``(ii) in the case of a copyrighted computer 
                        program, the retail value of an authorized copy 
                        of that computer program;
                          ``(iii) in the case of a copyrighted motion 
                        picture or other audiovisual work, the retail 
                        value of an authorized copy of that motion 
                        picture or audiovisual work;
                          ``(iv) in the case of a copyrighted literary 
                        work, the retail value of an authorized copy of 
                        that literary work;
                          ``(v) in the case of a pictorial, graphic, or 
                        sculptural work, the retail value of an 
                        authorized copy of that work; and
                          ``(vi) in the case of a work of visual art, 
                        the retail value of that work.
          ``(4) Statutory damages.--The injured party may elect, at any 
        time before final judgment is rendered, to recover, instead of 
        actual damages and profits, an award of statutory damages for 
        each violation of subsection (a) in a sum of not less than 
        $2,500 or more than $25,000, as the court considers 
        appropriate.
          ``(5) Subsequent violation.--The court may increase an award 
        of damages under this subsection by 3 times the amount that 
        would otherwise be awarded, as the court considers appropriate, 
        if the court finds that a person has subsequently violated 
        subsection (a) within 3 years after a final judgment was 
        entered against that person for a violation of that subsection.
          ``(6) Limitation on actions.--A civil action may not be 
        commenced under section unless it is commenced within 3 years 
        after the date on which the claimant discovers the violation of 
        subsection (a).

``Sec. 676. Criminal infringement of a copyright

  ``(a) Section 506a Offenses In General.--Whoever violates section 
506(a) (relating to criminal offenses) of title 17 shall be punished as 
provided in subsections (b), (c), and (d) and such penalties shall be 
in addition to any other provisions of title 17 or any other law.
  ``(b) Subsection (a)(1)(A) Offenses.--Whoever commits an offense 
under section 506(a)(1)(A) of title 17--
          ``(1) shall be imprisoned not more than 5 years, if the 
        offense consists of the reproduction or distribution, including 
        by electronic means, during any 180-day period, of at least 10 
        copies or phonorecords, of 1 or more copyrighted works, which 
        have a total retail value of more than $2,500;
          ``(2) shall be imprisoned not more than 10 years if the 
        offense is a felony and is a second or subsequent offense under 
        subsection (a); and
          ``(3) shall be imprisoned not more than 1 year in any other 
        case.
  ``(c) Subsection (a)(1)(B) Offenses.--Whoever commits an offense 
under section 506(a)(1)(B) of title 17--
          ``(1) shall be imprisoned not more than 3 years, if the 
        offense consists of the reproduction or distribution of 10 or 
        more copies or phonorecords of 1 or more copyrighted works, 
        which have a total retail value of $2,500 or more;
          ``(2) shall be imprisoned not more than 6 years, or if the 
        offense is a felony and is a second or subsequent offense under 
        subsection (a); and
          ``(3) shall be imprisoned not more than 1 year, or if the 
        offense consists of the reproduction or distribution of 1 or 
        more copies or phonorecords of 1 or more copyrighted works, 
        which have a total retail value of more than $1,000.
  ``(d) Subsection (a)(1)(C) Offenses.--Whoever commits an offense 
under section 506(a)(1)(C) of title 17--
          ``(1) shall be imprisoned not more than 3 years;
          ``(2) shall be imprisoned not more than 5 years if the 
        offense was committed for purposes of commercial advantage or 
        private financial gain;
          ``(3) shall be imprisoned not more than 6 years if the 
        offense is a second or subsequent offense; and
          ``(4) shall be imprisoned not more than 10 years if the 
        offense is a second or subsequent offense under paragraph (2).
  ``(e) Victim Impact.--
          ``(1) In general.--During preparation of the presentence 
        report pursuant to Rule 32(c) of the Federal Rules of Criminal 
        Procedure, victims of the offense shall be permitted to submit, 
        and the probation officer shall receive, a victim impact 
        statement that identifies the victim of the offense and the 
        extent and scope of the injury and loss suffered by the victim, 
        including the estimated economic impact of the offense on that 
        victim.
          ``(2) Persons permitted to submit.--Persons permitted to 
        submit victim impact statements shall include--
                  ``(A) producers and sellers of legitimate works 
                affected by conduct involved in the offense;
                  ``(B) holders of intellectual property rights in such 
                works; and
                  ``(C) the legal representatives of such producers, 
                sellers, and holders.
  ``(f) Definitions.--As used in this section--
          ``(1) the terms `phonorecord' and `copies' have, 
        respectively, the meanings set forth in section 101 (relating 
        to definitions) of title 17;
          ``(2) the terms `reproduction' and `distribution' refer to 
        the exclusive rights of a copyright owner under clauses (1) and 
        (3) respectively of section 106 (relating to exclusive rights 
        in copyrighted works), as limited by sections 107 through 122, 
        of title 17;
          ``(3) the term `financial gain' has the meaning given the 
        term in section 101 of title 17; and
          ``(4) the term `work being prepared for commercial 
        distribution' has the meaning given the term in section 506(a) 
        of title 17.

``Sec. 677. Copyright infringement

  ``(a) Criminal Infringement.--
          ``(1) In general.--Whoever knowingly infringes a copyright 
        shall be punished as provided under section 676, if the 
        infringement was committed--
                  ``(A) for purposes of commercial advantage or private 
                financial gain;
                  ``(B) by the reproduction or distribution, including 
                by electronic means, during any 180-day period, of 1 or 
                more copies or phonorecords of 1 or more copyrighted 
                works, which have a total retail value of more than 
                $1,000; or
                  ``(C) by the distribution of a work being prepared 
                for commercial distribution, by making it available on 
                a computer network accessible to members of the public, 
                if such person knew or should have known that the work 
                was intended for commercial distribution.
          ``(2) Evidence.--For purposes of this subsection, evidence of 
        reproduction or distribution of a copyrighted work, by itself, 
        shall not be sufficient to establish knowing infringement of a 
        copyright.
          ``(3) Definition.--In this subsection, the term `work being 
        prepared for commercial distribution' means--
                  ``(A) a computer program, a musical work, a motion 
                picture or other audiovisual work, or a sound 
                recording, if, at the time of unauthorized 
                distribution--
                          ``(i) the copyright owner has a reasonable 
                        expectation of commercial distribution; and
                          ``(ii) the copies or phonorecords of the work 
                        have not been commercially distributed; or
                  ``(B) a motion picture, if, at the time of 
                unauthorized distribution, the motion picture--
                          ``(i) has been made available for viewing in 
                        a motion picture exhibition facility; and
                          ``(ii) has not been made available in copies 
                        for sale to the general public in the United 
                        States in a format intended to permit viewing 
                        outside a motion picture exhibition facility.
  ``(b) Forfeiture and Destruction.--When any person is convicted of 
any violation of subsection (a), the court in its judgment of 
conviction shall, in addition to the penalty therein prescribed, order 
the forfeiture and destruction or other disposition of all infringing 
copies or phonorecords and all implements, devices, or equipment used 
in the manufacture of such infringing copies or phonorecords.
  ``(c) Fraudulent Copyright Notice.--Whoever, with fraudulent intent, 
places on any article a notice of copyright or words of the same 
purport that such person knows to be false, or who, with fraudulent 
intent, publicly distributes or imports for public distribution any 
article bearing such notice or words that such person knows to be 
false, shall be fined not more than $2,500.
  ``(d) Fraudulent Removal of Copyright Notice.--Whoever, with 
fraudulent intent, removes or alters any notice of copyright appearing 
on a copy of a copyrighted work shall be fined not more than $2,500.
  ``(e) False Representation.--Whoever knowingly makes a false 
representation of a material fact in the application for copyright 
registration provided for by section 409 of title 17, or in any written 
statement filed in connection with the application, shall be fined not 
more than $2,500.
  ``(f) Rights of Attribution and Integrity.--Nothing in this section 
applies to infringement of the rights conferred by section 106A(a) of 
title 17.

``Sec. 678. Unauthorized fixation of and trafficking in sound 
                    recordings and music videos of live musical 
                    performances

  ``(a) Offense.--Whoever, without the consent of the performer or 
performers involved, knowingly and for purposes of commercial advantage 
or private financial gain--
          ``(1) fixes the sounds or sounds and images of a live musical 
        performance in a copy or phonorecord, or reproduces copies or 
        phonorecords of such a performance from an unauthorized 
        fixation;
          ``(2) transmits or otherwise communicates to the public the 
        sounds or sounds and images of a live musical performance; or
          ``(3) distributes or offers to distribute, sells or offers to 
        sell, rents or offers to rent, or traffics in any copy or 
        phonorecord fixed as described in paragraph (1), regardless of 
        whether the fixations occurred in the United States;
shall be imprisoned for not more than 5 years or if the offense is a 
second or subsequent offense, shall be imprisoned for not more than 10 
years.
  ``(b) Forfeiture and Destruction of Property; Restitution.--
Forfeiture, destruction, and restitution relating to this section shall 
be subject to section 2323, to the extent provided in that section, in 
addition to any other similar remedies provided by law.
  ``(c) Seizure and Forfeiture.--If copies or phonorecords of sounds or 
sounds and images of a live musical performance are fixed outside of 
the United States without the consent of the performer or performers 
involved, such copies or phonorecords are subject to seizure and 
forfeiture in the United States in the same manner as property imported 
in violation of the customs laws. The Secretary of Homeland Security 
shall issue regulations by which any performer may, upon payment of a 
specified fee, be entitled to notification by United States Customs and 
Border Protection of the importation of copies or phonorecords that 
appear to consist of unauthorized fixations of the sounds or sounds and 
images of a live musical performance.
  ``(d) Victim Impact Statement.--(1) During preparation of the 
presentence report pursuant to Rule 32(c) of the Federal Rules of 
Criminal Procedure, victims of the offense shall be permitted to 
submit, and the probation officer shall receive, a victim impact 
statement that identifies the victim of the offense and the extent and 
scope of the injury and loss suffered by the victim, including the 
estimated economic impact of the offense on that victim.
  ``(2) Persons permitted to submit victim impact statements shall 
include--
          ``(A) producers and sellers of legitimate works affected by 
        conduct involved in the offense;
          ``(B) holders of intellectual property rights in such works; 
        and
          ``(C) the legal representatives of such producers, sellers, 
        and holders.
  ``(e) Definitions.--As used in this section--
          ``(1) the terms `copy', `fixed', `musical work', 
        `phonorecord', `reproduce', `sound recordings', and `transmit' 
        mean those terms within the meaning of title 17; and
          ``(2) the term `traffic' has the meaning given that term in 
        section 680.
  ``(f) Applicability.--This section shall apply to any conduct that 
occurs on or after the date of the enactment of the Uruguay Round 
Agreements Act.

``Sec. 679. Unauthorized recording of motion pictures in a motion 
                    picture exhibition facility

  ``(a) Offense.--Whoever, without the authorization of the copyright 
owner, knowingly uses or attempts to use an audiovisual recording 
device to transmit or make a copy of a motion picture or other 
audiovisual work protected under title 17, or any part thereof, from a 
performance of such work in a motion picture exhibition facility, 
shall--
          ``(1) be imprisoned for not more than 3 years; or
          ``(2) if the offense is a second or subsequent offense, be 
        imprisoned for no more than 6 years.
The possession by a person of an audiovisual recording device in a 
motion picture exhibition facility may be considered as evidence in any 
proceeding to determine whether that person committed an offense under 
this subsection, but shall not, by itself, be sufficient to support a 
conviction of that person for such offense.
  ``(b) Forfeiture and Destruction of Property; Restitution.--
Forfeiture, destruction, and restitution relating to this section shall 
be subject to section 2323, to the extent provided in that section, in 
addition to any other similar remedies provided by law.
  ``(c) Authorized Activities.--This section does not prevent any 
lawfully authorized investigative, protective, or intelligence activity 
by an officer, agent, or employee of the United States, a State, or a 
political subdivision of a State, or by a person acting under a 
contract with the United States, a State, or a political subdivision of 
a State.
  ``(d) Immunity for Theaters.--With reasonable cause, the owner or 
lessee of a motion picture exhibition facility where a motion picture 
or other audiovisual work is being exhibited, the authorized agent or 
employee of such owner or lessee, the licensor of the motion picture or 
other audiovisual work being exhibited, or the agent or employee of 
such licensor--
          ``(1) may detain, in a reasonable manner and for a reasonable 
        time, any person suspected of a violation of this section with 
        respect to that motion picture or audiovisual work for the 
        purpose of questioning or summoning a law enforcement officer; 
        and
          ``(2) shall not be held liable in any civil or criminal 
        action arising out of a detention under paragraph (1).
  ``(e) Victim Impact Statement.--
          ``(1) In general.--During the preparation of the presentence 
        report under rule 32(c) of the Federal Rules of Criminal 
        Procedure, victims of an offense under this section shall be 
        permitted to submit to the probation officer a victim impact 
        statement that identifies the victim of the offense and the 
        extent and scope of the injury and loss suffered by the victim, 
        including the estimated economic impact of the offense on that 
        victim.
          ``(2) Contents.--A victim impact statement submitted under 
        this subsection shall include--
                  ``(A) producers and sellers of legitimate works 
                affected by conduct involved in the offense;
                  ``(B) holders of intellectual property rights in the 
                works described in subparagraph (A); and
                  ``(C) the legal representatives of such producers, 
                sellers, and holders.
  ``(f) State Law Not Preempted.--Nothing in this section may be 
construed to annul or limit any rights or remedies under the laws of 
any State.
  ``(g) Definitions.--In this section, the following definitions shall 
apply:
          ``(1) Title 17 definitions.--The terms `audiovisual work', 
        `copy', `copyright owner', `motion picture', `motion picture 
        exhibition facility', and `transmit' have, respectively, the 
        meanings given those terms in section 101 of title 17.
          ``(2) Audiovisual recording device.--The term `audiovisual 
        recording device' means a digital or analog photographic or 
        video camera, or any other technology or device capable of 
        enabling the recording or transmission of a copyrighted motion 
        picture or other audiovisual work, or any part thereof, 
        regardless of whether audiovisual recording is the sole or 
        primary purpose of the device.

``Sec. 680. Trafficking in counterfeit goods or services

  ``(a) Offense.--
          ``(1) In General.--Whoever intentionally traffics or attempts 
        to traffic in goods or services and knowingly uses a 
        counterfeit mark on or in connection with such goods or 
        services, or intentionally traffics or attempts to traffic in 
        labels, patches, stickers, wrappers, badges, emblems, 
        medallions, charms, boxes, containers, cans, cases, hangtags, 
        documentation, or packaging of any type or nature, knowing that 
        a counterfeit mark has been applied thereto, the use of which 
        is likely to cause confusion, to cause mistake, or to deceive, 
        shall, if an individual, be imprisoned not more than 10 years, 
        and, if a person other than an individual, be fined not more 
        than $5,000,000. In the case of an offense by a person under 
        this section that occurs after that person is convicted of 
        another offense under this section, the person convicted, if an 
        individual, shall be fined not more than $5,000,000 or 
        imprisoned not more than 20 years, or both, and if other than 
        an individual, shall be fined not more than $15,000,000.
          ``(2) Serious bodily harm or death.--
                  ``(A) Serious bodily harm.--If the offender knowingly 
                or recklessly causes serious bodily injury from conduct 
                in violation of paragraph (1), the penalty shall be 
                imprisonment for not more than 20 years.
                  ``(B) Death.--If the offender knowingly or recklessly 
                causes or attempts to cause death from conduct in 
                violation of paragraph (1), the penalty shall be a fine 
                under this title or imprisonment for any term of years 
                or for life, or both.
  ``(b)(1) The following property shall be subject to forfeiture to the 
United States and no property right shall exist in such property:
          ``(A) Any article bearing or consisting of a counterfeit mark 
        used in committing a violation of subsection (a).
          ``(B) Any property used, in any manner or part, to commit or 
        to facilitate the commission of a violation of subsection (a).
  ``(2) The provisions of chapter 46 of this title relating to civil 
forfeitures, including section 983 of this title, shall extend to any 
seizure or civil forfeiture under this section. At the conclusion of 
the forfeiture proceedings, the court, unless otherwise requested by an 
agency of the United States, shall order that any forfeited article 
bearing or consisting of a counterfeit mark be destroyed or otherwise 
disposed of according to law.
  ``(3)(A) The court, in imposing sentence on a person convicted of an 
offense under this section, shall order, in addition to any other 
sentence imposed, that the person forfeit to the United States--
          ``(i) any property constituting or derived from any proceeds 
        the person obtained, directly or indirectly, as the result of 
        the offense;
          ``(ii) any of the person's property used, or intended to be 
        used, in any manner or part, to commit, facilitate, aid, or 
        abet the commission of the offense; and
          ``(iii) any article that bears or consists of a counterfeit 
        mark used in committing the offense.
  ``(B) The forfeiture of property under subparagraph (A), including 
any seizure and disposition of the property and any related judicial or 
administrative proceeding, shall be governed by the procedures set 
forth in section 413 of the Comprehensive Drug Abuse Prevention and 
Control Act of 1970 (21 U.S.C. 853), other than subsection (d) of that 
section. Notwithstanding section 413(h) of that Act, at the conclusion 
of the forfeiture proceedings, the court shall order that any forfeited 
article or component of an article bearing or consisting of a 
counterfeit mark be destroyed.
  ``(4) When a person is convicted of an offense under this section, 
the court, pursuant to sections 3556, 3663A, and 3664, shall order the 
person to pay restitution to the owner of the mark and any other victim 
of the offense as an offense against property referred to in section 
3663A(c)(1)(A)(ii).
  ``(5) The term `victim', as used in paragraph (4), has the meaning 
given that term in section 3663A(a)(2).
  ``(c) All defenses, affirmative defenses, and limitations on remedies 
that would be applicable in an action under the Lanham Act shall be 
applicable in a prosecution under this section. In a prosecution under 
this section, the defendant shall have the burden of proof, by a 
preponderance of the evidence, of any such affirmative defense.
  ``(d)(1) During preparation of the presentence report pursuant to 
Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the 
offense shall be permitted to submit, and the probation officer shall 
receive, a victim impact statement that identifies the victim of the 
offense and the extent and scope of the injury and loss suffered by the 
victim, including the estimated economic impact of the offense on that 
victim.
  ``(2) Persons permitted to submit victim impact statements shall 
include--
          ``(A) producers and sellers of legitimate goods or services 
        affected by conduct involved in the offense;
          ``(B) holders of intellectual property rights in such goods 
        or services; and
          ``(C) the legal representatives of such producers, sellers, 
        and holders.
  ``(e) For the purposes of this section--
          ``(1) the term `counterfeit mark' means--
                  ``(A) a spurious mark--
                          ``(i) that is used in connection with 
                        trafficking in any goods, services, labels, 
                        patches, stickers, wrappers, badges, emblems, 
                        medallions, charms, boxes, containers, cans, 
                        cases, hangtags, documentation, or packaging of 
                        any type or nature;
                          ``(ii) that is identical with, or 
                        substantially indistinguishable from, a mark 
                        registered on the principal register in the 
                        United States Patent and Trademark Office and 
                        in use, whether or not the defendant knew such 
                        mark was so registered;
                          ``(iii) that is applied to or used in 
                        connection with the goods or services for which 
                        the mark is registered with the United States 
                        Patent and Trademark Office, or is applied to 
                        or consists of a label, patch, sticker, 
                        wrapper, badge, emblem, medallion, charm, box, 
                        container, can, case, hangtag, documentation, 
                        or packaging of any type or nature that is 
                        designed, marketed, or otherwise intended to be 
                        used on or in connection with the goods or 
                        services for which the mark is registered in 
                        the United States Patent and Trademark Office; 
                        and
                          ``(iv) the use of which is likely to cause 
                        confusion, to cause mistake, or to deceive; or
                  ``(B) a spurious designation that is identical with, 
                or substantially indistinguishable from, a designation 
                as to which the remedies of the Lanham Act are made 
                available by reason of section 220506 of title 36,
        but such term does not include any mark or designation used in 
        connection with goods or services, or a mark or designation 
        applied to labels, patches, stickers, wrappers, badges, 
        emblems, medallions, charms, boxes, containers, cans, cases, 
        hangtags, documentation, or packaging of any type or nature 
        used in connection with such goods or services, of which the 
        manufacturer or producer was, at the time of the manufacture or 
        production in question, authorized to use the mark or 
        designation for the type of goods or services so manufactured 
        or produced, by the holder of the right to use such mark or 
        designation.
          ``(2) the term `traffic' means to transport, transfer, or 
        otherwise dispose of, to another, for purposes of commercial 
        advantage or private financial gain, or to make, import, 
        export, obtain control of, or possess, with intent to so 
        transport, transfer, or otherwise dispose of;
          ``(3) the term `financial gain' includes the receipt, or 
        expected receipt, of anything of value; and
          ``(4) the term `Lanham Act' means the Act entitled `An Act to 
        provide for the registration and protection of trademarks used 
        in commerce, to carry out the provisions of certain 
        international conventions, and for other purposes', approved 
        July 5, 1946 (15 U.S.C. 1051 et seq.).
  ``(f) Nothing in this section shall entitle the United States to 
bring a criminal cause of action under this section for the repackaging 
of genuine goods or services not intended to deceive or confuse.
  ``(g)(1) Beginning with the first year after the date of enactment of 
this subsection, the Attorney General shall include in the report of 
the Attorney General to Congress on the business of the Department of 
Justice prepared pursuant to section 522 of title 28, an accounting, on 
a district by district basis, of the following with respect to all 
actions taken by the Department of Justice that involve trafficking in 
counterfeit labels for phonorecords, copies of computer programs or 
computer program documentation or packaging, copies of motion pictures 
or other audiovisual works (as defined in section 2318 of this title), 
criminal infringement of copyrights (as defined in section 2319 of this 
title), unauthorized fixation of and trafficking in sound recordings 
and music videos of live musical performances (as defined in section 
2319A of this title), or trafficking in goods or services bearing 
counterfeit marks (as defined in section 2320 of this title):
          ``(A) The number of open investigations.
          ``(B) The number of cases referred by the United States 
        Customs Service.
          ``(C) The number of cases referred by other agencies or 
        sources.
          ``(D) The number and outcome, including settlements, 
        sentences, recoveries, and penalties, of all prosecutions 
        brought under sections 2318, 2319, 2319A, and 2320 of title 18.
  ``(2)(A) The report under paragraph (1), with respect to criminal 
infringement of copyright, shall include the following:
          ``(i) The number of infringement cases in these categories: 
        audiovisual (videos and films); audio (sound recordings); 
        literary works (books and musical compositions); computer 
        programs; video games; and, others.
          ``(ii) The number of online infringement cases.
          ``(iii) The number and dollar amounts of fines assessed in 
        specific categories of dollar amounts. These categories shall 
        be: no fines ordered; fines under $500; fines from $500 to 
        $1,000; fines from $1,000 to $5,000; fines from $5,000 to 
        $10,000; and fines over $10,000.
          ``(iv) The total amount of restitution ordered in all 
        copyright infringement cases.
  ``(B) In this paragraph, the term `online infringement cases' as used 
in paragraph (2) means those cases where the infringer--
          ``(i) advertised or publicized the infringing work on the 
        Internet; or
          ``(ii) made the infringing work available on the Internet for 
        download, reproduction, performance, or distribution by other 
        persons.
  ``(C) The information required under subparagraph (A) shall be 
submitted in the report required in fiscal year 2005 and thereafter.
  ``(h) Transshipment and Exportation.--No goods or services, the 
trafficking in of which is prohibited by this section, shall be 
transshipped through or exported from the United States. Any such 
transshipment or exportation shall be deemed a violation of section 42 
of an Act to provide for the registration of trademarks used in 
commerce, to carry out the provisions of certain international 
conventions, and for other purposes, approved July 5, 1946 (commonly 
referred to as the `Trademark Act of 1946' or the `Lanham Act').

``Sec. 681. Trafficking in certain motor vehicles or motor vehicle 
                    parts

  ``(a) Offense.--Whoever buys, receives, possesses, or obtains control 
of, with intent to sell or otherwise dispose of, a motor vehicle or 
motor vehicle part, knowing that an identification number for such 
motor vehicle or part has been removed, obliterated, tampered with, or 
altered, shall be imprisoned not more than ten years.
  ``(b) Nonapplicability.--Subsection (a) does not apply if the 
removal, obliteration, tampering, or alteration--
          ``(1) is caused by collision or fire; or
          ``(2) is not a violation of section 718.
  ``(c) Definitions.--As used in this section, the terms 
`identification number' and `motor vehicle' have the meaning given 
those terms in section 718.

``Sec. 682.Chop shops

  ``(a) In General.--
          ``(1) Unlawful action.--Whoever knowingly owns, operates, 
        maintains, or controls a chop shop or conducts operations in a 
        chop shop shall be punished by imprisonment for not more than 
        15 years. If a conviction of a person under this paragraph is 
        for a violation committed after the first conviction of such 
        person under this paragraph, the maximum punishment shall be 
        doubled with respect to any fine and imprisonment.
          ``(2) Injunctions.--The Attorney General shall, as 
        appropriate, in the case of any person who violates paragraph 
        (1), commence a civil action for permanent or temporary 
        injunction to restrain such violation.
  ``(b) Definition.--For purposes of this section, the term `chop shop' 
means any building, lot, facility, or other structure or premise where 
one or more persons engage in receiving, concealing, destroying, 
disassembling, dismantling, reassembling, or storing any passenger 
motor vehicle or passenger motor vehicle part which has been unlawfully 
obtained in order to alter, counterfeit, deface, destroy, disguise, 
falsify, forge, obliterate, or remove the identity, including the 
vehicle identification number or derivative thereof, of such vehicle or 
vehicle part and to distribute, sell, or dispose of such vehicle or 
vehicle part in interstate or foreign commerce.

               ``SUBCHAPTER C--COUNTERFEITING AND FORGERY

``Sec.
``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.  Bonds and obligations of certain lending agencies.
``707.  Contracts, deeds, and powers of attorney.
``708.  Military or naval discharge certificates.
``709.  Military, naval, or official passes.
``710.  Money orders.
``711.  Postage stamps, postage meter stamps, and postal cards.
``712.  Printing and filming of United States and foreign obligations 
          and securities.
``713.  Seals of courts; signatures of judges or court officers.
``714.  Seals of departments or agencies.
``715.  Forging endorsements on Treasury checks or bonds or securities 
          of the United States.
``716.  Altering or removing motor vehicle identification numbers.
``717.  Securities of the States and private entities.
``718.  Fictitious obligations.

``Sec. 691. Counterfeit acts committed outside the United States

  ``Whoever outside the United States, engages in the act of--
          ``(1) making, dealing, or possessing any counterfeit 
        obligation or other security of the United States; or
          ``(2) making, dealing, or possessing any plate, stone, 
        analog, digital, or electronic image, or other thing, or any 
        part thereof, used to counterfeit such obligation or security,
if such act would constitute a violation of section 692, 693, or 694 if 
committed within the United States, shall be punished as is provided 
for the like offense within the United States.

``Sec. 692. Obligations or securities of United States

  ``Whoever, with intent to defraud, falsely makes, forges, 
counterfeits, or alters any obligation or other security of the United 
States, shall be imprisoned not more than 20 years.

``Sec. 693. Uttering counterfeit obligations or securities

  ``Whoever, with intent to defraud, passes, utters, publishes, or 
sells, or attempts to pass, utter, publish, or sell, or with like 
intent brings into the United States or keeps in possession or conceals 
any falsely made, forged, counterfeited, or altered obligation or other 
security of the United States, shall be imprisoned not more than 20 
years.

``Sec. 694. Dealing in counterfeit obligations or securities

  ``Whoever buys, sells, exchanges, transfers, receives, or delivers 
any false, forged, counterfeited, or altered obligation or other 
security of the United States, with the intent that the same be passed, 
published, or used as true and genuine, shall be imprisoned not more 
than 20 years.

``Sec. 695. Plates, stones, or analog, digital, or electronic images 
                    for counterfeiting obligations or securities

  ``(a) Offense.--Whoever--
          ``(1) having control, custody, or possession of any plate, 
        stone, or other thing, or any part thereof, from which has been 
        printed, or which may be prepared by direction of the Secretary 
        of the Treasury for the purpose of printing, any obligation or 
        other security of the United States, uses such plate, stone, or 
        other thing, or any part thereof, or knowingly suffers the same 
        to be used for the purpose of printing any such or similar 
        obligation or other security, or any part thereof, except as 
        may be printed for the use of the United States by order of the 
        proper officer thereof;
          ``(2) makes or executes any plate, stone, or other thing in 
        the likeness of any plate designated for the printing of such 
        obligation or other security;
          ``(3) with intent to defraud, makes, executes, acquires, 
        scans,captures, records, receives, transmits, reproduces, 
        sells, or has in such person's control, custody, or possession, 
        an analog, digital, or electronic image of any obligation or 
        other security of the United States;
          ``(4) sells any such plate, stone, or other thing, or brings 
        into the United States any such plate, stone, or other thing, 
        except under the direction of the Secretary of the Treasury or 
        other proper officer, or with any other intent, in either case, 
        than that such plate, stone, or other thing be used for the 
        printing of the obligations or other securities of the United 
        States;
          ``(5) has in his control, custody, or possession any plate, 
        stone, or other thing in any manner made after or in the 
        similitude of any plate, stone, or other thing, from which any 
        such obligation or other security has been printed, with intent 
        to use such plate, stone, or other thing, or to suffer the same 
        to be used in forging or counterfeiting any such obligation or 
        other security, or any part thereof;
          ``(6) has in his possession or custody, except under 
        authority from the Secretary of the Treasury or other proper 
        officer, any obligation or other security made or executed, in 
        whole or in part, after the similitude of any obligation or 
        other security issued under the authority of the United States, 
        with intent to sell or otherwise use the same; or
          ``(7) prints, photographs, or in any other manner makes or 
        executes any engraving, photograph, print, or impression in the 
        likeness of any such obligation or other security, or any part 
        thereof, or sells any such engraving, photograph, print, or 
        impression, except to the United States, or brings into the 
        United States, any such engraving, photograph, print, or 
        impression, except by direction of some proper officer of the 
        United States;
shall be imprisoned not more than 25 years.
  ``(b) Definition.--For purposes of this section, the term `analog, 
digital, or electronic image' includes any analog, digital, or 
electronic method used for the making, execution, acquisition, 
scanning, capturing, recording, retrieval, transmission, or 
reproduction of any obligation or security, unless such use is 
authorized by the Secretary of the Treasury. The Secretary shall 
establish a system (pursuant to section 504) to ensure that the 
legitimate use of such electronic methods and retention of such 
reproductions by businesses, hobbyists, press and others shall not be 
unduly restricted.

``Sec. 696. Deterrents to counterfeiting of obligations and securities

  ``(a) Offense.--Whoever--
          ``(1) has in his control or possession, after a distinctive 
        paper has been adopted by the Secretary of the Treasury for the 
        obligations and other securities of the United States, any 
        similar paper adapted to the making of any such obligation or 
        other security, except under the authority of the Secretary of 
        the Treasury; or
          ``(2) has in his control or possession, after a distinctive 
        counterfeit deterrent has been adopted by the Secretary of the 
        Treasury for the obligations and other securities of the United 
        States by publication in the Federal Register, any essentially 
        identical feature or device adapted to the making of any such 
        obligation or security, except under the authority of the 
        Secretary of the Treasury;
shall be imprisoned for not more than 25 years.
  ``(b) Definitions.--As used in this section--
          ``(1) the term `distinctive paper' includes any distinctive 
        medium of which currency is made, whether of wood pulp, rag, 
        plastic substrate, or other natural or artificial fibers or 
        materials; and
          ``(2) the term `distinctive counterfeit deterrent' includes 
        any ink, watermark, seal, security thread, optically variable 
        device, or other feature or device;
                  ``(A) in which the United States has an exclusive 
                property interest; or
                  ``(B) which is not otherwise in commercial use or in 
                the public domain and which the Secretary designates as 
                being necessary in preventing the counterfeiting of 
                obligations or other securities of the United States.

``Sec. 697. Taking impressions of tools used for obligations or 
                    securities

  ``Whoever, without authority from the United States, takes, procures, 
or makes an impression, stamp, analog, digital, or electronic image, or 
imprint of, from or by the use of any tool, implement, instrument, or 
thing used or fitted or intended to be used in printing, stamping, or 
impressing, or in making other tools, implements, instruments, or 
things to be used or fitted or intended to be used in printing, 
stamping, or impressing any obligation or other security of the United 
States, shall be imprisoned not more than 25 years.

``Sec. 698. Possessing or selling impressions of tools used for 
                    obligations or securities

  ``Whoever--
          ``(1) with intent to defraud, possesses, keeps, safeguards, 
        or controls, without authority from the United States, any 
        imprint, stamp, analog, digital, or electronic image, or 
        impression, taken or made upon any substance or material 
        whatsoever, of any tool, implement, instrument or thing, used, 
        fitted or intended to be used, for any of the purposes 
        mentioned in section 476 of this title; or
          ``(2) with intent to defraud, sells, gives, or delivers any 
        such imprint, stamp, analog, digital, or electronic image, or 
        impression to any other person;
shall be imprisoned not more than 25 years.

``Sec. 699. Foreign obligations or securities

  ``Whoever, within the United States, with intent to defraud, falsely 
makes, alters, forges, or counterfeits any bond, certificate, 
obligation, or other security of any foreign government, purporting to 
be or in imitation of any such security issued under the authority of 
such foreign government, or any treasury note, bill, or promise to pay, 
lawfully issued by such foreign government and intended to circulate as 
money, shall be imprisoned not more than 20 years.

``Sec. 700. Uttering counterfeit foreign obligations or securities

  ``Whoever, within the United States, knowingly and with intent to 
defraud, utters, passes, or puts off, in payment or negotiation, any 
false, forged, or counterfeited bond, certificate, obligation, 
security, treasury note, bill, or promise to pay, mentioned in section 
478 of this title, whether or not the same was made, altered, forged, 
or counterfeited within the United States, shall be imprisoned not more 
than 20 years.

``Sec. 701. Possessing counterfeit foreign obligations or securities

  ``Whoever, within the United States, knowingly and with intent to 
defraud, possesses or delivers any false, forged, or counterfeit bond, 
certificate, obligation, security, treasury note, bill, promise to pay, 
bank note, or bill issued by a bank or corporation of any foreign 
country, shall be imprisoned not more than 20 years.

``Sec. 702. Plates, stones, or analog, digital, or electronic images 
                    for counterfeiting foreign obligations or 
                    securities

  ``Whoever--
          ``(1) within the United States except by lawful authority, 
        controls, holds, or possesses any plate, stone, or other thing, 
        or any part thereof, from which has been printed or may be 
        printed any counterfeit note, bond, obligation, or other 
        security, in whole or in part, of any foreign government, bank, 
        or corporation, or uses such plate, stone, or other thing, or 
        knowingly permits or suffers the same to be used in 
        counterfeiting such foreign obligations, or any part thereof;
          ``(2) except by lawful authority, makes or engraves any 
        plate, stone, or other thing in the likeness or similitude of 
        any plate, stone, or other thing designated for the printing of 
        the genuine issues of the obligations of any foreign 
        government, bank, or corporation;
          ``(3) with intent to defraud, makes, executes, acquires, 
        scans, captures, records, receives, transmits, reproduces, 
        sells, or has in such person's control, custody, or possession, 
        an analog, digital, or electronic image of any bond, 
        certificate, obligation, or other security of any foreign 
        government, or of any treasury note, bill, or promise to pay, 
        lawfully issued by such foreign government and intended to 
        circulate as money;
          ``(4) except by lawful authority, prints, photographs, or 
        makes, executes, or sells any engraving, photograph, print, or 
        impression in the likeness of any genuine note, bond, 
        obligation, or other security, or any part thereof, of any 
        foreign government, bank, or corporation; or
          ``(5) brings into the United States any counterfeit plate, 
        stone, or other thing, engraving, photograph, print, or other 
        impressions of the notes, bonds, obligations, or other 
        securities of any foreign government, bank, or corporation;
shall be imprisoned not more than 25 years.

``Sec. 703. Uttering counterfeit foreign bank notes

  ``Whoever, within the United States, utters, passes, puts off, or 
tenders in payment, with intent to defraud, any such false, forged, 
altered, or counterfeited bank note or bill, mentioned in section 482 
of this title, knowing the same to be so false, forged, altered, and 
counterfeited, whether or not the same was made, forged, altered, or 
counterfeited within the United States, shall be imprisoned not more 
than 20 years.

``Sec. 704. Connecting parts of different notes

  ``Whoever so places or connects together different parts of two or 
more notes, bills, or other genuine instruments issued under the 
authority of the United States, or by any foreign government, or 
corporation, as to produce one instrument, with intent to defraud, 
shall be guilty of forgery in the same manner as if the parts so put 
together were falsely made or forged, and shall be imprisoned not more 
than 10 years.

``Sec. 705. Tokens or paper used as money

  ``(a) Offense.--Whoever--
          ``(1) being 18 years of age or over, not lawfully authorized, 
        makes, issues, or passes any coin, card, token, or device in 
        metal, or its compounds, intended to be used as money, or 
        whoever, being 18 years of age or over, with intent to defraud, 
        makes, utters, inserts, or uses any card, token, slug, disk, 
        device, paper, or other thing similar in size and shape to any 
        of the lawful coins or other currency of the United States or 
        any coin or other currency not legal tender in the United 
        States, to procure anything of value, or the use or enjoyment 
        of any property or service from any automatic merchandise 
        vending machine, postage-stamp machine, turnstile, fare box, 
        coinbox telephone, parking meter or other lawful receptacle, 
        depository, or contrivance designed to receive or to be 
        operated by lawful coins or other currency of the United 
        States; or
          ``(2) manufactures, sells, offers, or advertises for sale, or 
        exposes or keeps with intent to furnish or sell any token, 
        slug, disk, device, paper, or other thing similar in size and 
        shape to any of the lawful coins or other currency of the 
        United States, or any token, disk, paper, or other device 
        issued or authorized in connection with rationing or food and 
        fiber distribution by any agency of the United States, with 
        knowledge or reason to believe that such tokens, slugs, disks, 
        devices, papers, or other things are intended to be used 
        unlawfully or fraudulently to procure anything of value, or the 
        use or enjoyment of any property or service from any automatic 
        merchandise vending machine, postage-stamp machine, turnstile, 
        fare box, coinbox telephone, parking meter, or other lawful 
        receptacle, depository, or contrivance designed to receive or 
        to be operated by lawful coins or other currency of the United 
        States;
shall be imprisoned not more than one year.
  ``(b) Nonpreemption.--Nothing contained in this section shall create 
immunity from criminal prosecution under the laws of any State.

``Sec. 706. Bonds and obligations of certain lending agencies

  ``Whoever--
          ``(1) falsely makes, forges, counterfeits or alters any note, 
        bond, debenture, coupon, obligation, instrument, or writing in 
        imitation or purporting to be in imitation of, a note, bond, 
        debenture, coupon, obligation, instrument or writing, issued by 
        the Reconstruction Finance Corporation, Federal Deposit 
        Insurance Corporation, National Credit Union Administration, 
        Home Owners' Loan Corporation, Farm Credit Administration, 
        Department of Housing and Urban Development, or any land bank, 
        intermediate credit bank, insured credit union, bank for 
        cooperatives or any lending, mortgage, insurance, credit or 
        savings and loan corporation or association authorized or 
        acting under the laws of the United States; or
          ``(2) passes, utters, or publishes, or attempts to pass, 
        utter or publish any note, bond, debenture, coupon, obligation, 
        instrument or document knowing the same to have been falsely 
        made, forged, counterfeited or altered, contrary to the 
        provisions of this section;
shall be imprisoned not more than 10 years.

``Sec. 707. Contracts, deeds, and powers of attorney

  ``Whoever--
          ``(1) falsely makes, alters, forges, or counterfeits any 
        deed, power of attorney, order, certificate, receipt, contract, 
        or other writing, for the purpose of obtaining or receiving, or 
        of enabling any other person, either directly or indirectly, to 
        obtain or receive from the United States or any officers or 
        agents thereof, any sum of money;
          ``(2) utters or publishes as true any such false, forged, 
        altered, or counterfeited writing, with intent to defraud the 
        United States, knowing the same to be false, altered, forged, 
        or counterfeited; or
          ``(3) transmits to, or presents at any office or officer of 
        the United States, any such writing in support of, or in 
        relation to, any account or claim, with intent to defraud the 
        United States, knowing the same to be false, altered, forged, 
        or counterfeited;
shall be imprisoned not more than ten years.

``Sec. 708. Military or naval discharge certificates

  ``Whoever forges, counterfeits, or falsely alters any certificate of 
discharge from the military or naval service of the United States, or 
uses, unlawfully possesses or exhibits any such certificate, knowing 
the same to be forged, counterfeited, or falsely altered, shall be 
imprisoned not more than one year.

``Sec. 709. Military, naval, or official passes

  ``Whoever falsely makes, forges, counterfeits, alters, or tampers 
with any naval, military, or official pass or permit, issued by or 
under the authority of the United States, or with intent to defraud 
uses or possesses any such pass or permit, or personates or falsely 
represents himself to be or not to be a person to whom such pass or 
permit has been duly issued, or knowingly allows any other person to 
have or use any such pass or permit, issued for his use alone, shall be 
imprisoned not more than five years.

``Sec. 710. Money orders

  ``Whoever--
          ``(1) with intent to defraud, falsely makes, forges, 
        counterfeits, engraves, or prints any order in imitation of or 
        purporting to be a blank money order or a money order issued by 
        or under the direction of the Post Office Department or Postal 
        Service;
          ``(2) forges or counterfeits the signature or initials of any 
        person authorized to issue money orders upon or to any money 
        order, postal note, or blank therefor provided or issued by or 
        under the direction of the Post Office Department or Postal 
        Service, or post office department or corporation of any 
        foreign country, and payable in the United States, or any 
        material signature or indorsement thereon, or any material 
        signature to any receipt or certificate of identification 
        thereof;
          ``(3) falsely alters, in any material respect, any such money 
        order or postal note;
          ``(4) with intent to defraud, passes, utters or publishes or 
        attempts to pass, utter or publish any such forged or altered 
        money order or postal note, knowing any material initials, 
        signature, stamp impression or indorsement thereon to be false, 
        forged, or counterfeited, or any material alteration therein to 
        have been falsely made;
          ``(5) issues any money order or postal note without having 
        previously received or paid the full amount of money payable 
        therefor, with the purpose of fraudulently obtaining or 
        receiving, or fraudulently enabling any other person, either 
        directly or indirectly, to obtain or receive from the United 
        States or Postal Service, or any officer, employee, or agent 
        thereof, any sum of money whatever;
          ``(6) embezzles, steals, or knowingly converts to his own use 
        or to the use of another, or without authority converts or 
        disposes of any blank money order form provided by or under the 
        authority of the Post Office Department or Postal Service;
          ``(7) receives or possesses any such money order form with 
        the intent to convert it to his own use or gain or use or gain 
        of another knowing it to have been embezzled, stolen or 
        converted;
          ``(8) with intent to defraud the United States, the Postal 
        Service, or any person, transmits, presents, or causes to be 
        transmitted or presented, any money order or postal note 
        knowing the same--
                  ``(A) to contain any forged or counterfeited 
                signature, initials, or any stamped impression,
                  ``(B) to contain any material alteration therein 
                unlawfully made,
                  ``(C) to have been unlawfully issued without previous 
                payment of the amount required to be paid upon such 
                issue, or
                  ``(D) to have been stamped without lawful authority; 
                or
          ``(9) steals, or with intent to defraud or without being 
        lawfully authorized by the Post Office Department or Postal 
        Service, receives, possesses, disposes of or attempts to 
        dispose of any postal money order machine or any stamp, tool, 
        or instrument specifically designed to be used in preparing or 
        filling out the blanks on postal money order forms;
shall be imprisoned not more than five years.

``Sec. 711. Postage stamps, postage meter stamps, and postal cards

  ``Whoever--
          ``(1) forges or counterfeits any postage stamp, postage meter 
        stamp, or any stamp printed upon any stamped envelope, or 
        postal card, or any die, plate, or engraving thereof;
          ``(2) makes or prints, or knowingly uses or sells, or 
        possesses with intent to use or sell, any such forged or 
        counterfeited postage stamp, postage meter stamp, stamped 
        envelope, postal card, die, plate, or engraving;
          ``(3) makes, or knowingly uses or sells, or possesses with 
        intent to use or sell, any paper bearing the watermark of any 
        stamped envelope, or postal card, or any fraudulent imitation 
        thereof;
          ``(4) makes or prints, or authorizes to be made or printed, 
        any postage stamp, postage meter stamp, stamped envelope, or 
        postal card, of the kind authorized and provided by the Post 
        Office Department or by the Postal Service, without the special 
        authority and direction of the Department or Postal Service; or
          ``(5) after such postage stamp, postage meter stamp, stamped 
        envelope, or postal card has been printed, with intent to 
        defraud, delivers the same to any person not authorized by an 
        instrument in writing, duly executed under the hand of the 
        Postmaster General and the seal of the Post Office Department 
        or the Postal Service, to receive it;
shall be imprisoned not more than five years.

``Sec. 712. Printing and filming of United States and foreign 
                    obligations and securities

  ``Notwithstanding any other provision of this subchapter, the 
following are permitted:
          ``(1) The printing, publishing, or importation, or the making 
        or importation of the necessary plates for such printing or 
        publishing, of illustrations of--
                  ``(A) postage stamps of the United States,
                  ``(B) revenue stamps of the United States,
                  ``(C) any other obligation or other security of the 
                United States, and
                  ``(D) postage stamps, revenue stamps, notes, bonds, 
                and any other obligation or other security of any 
                foreign government, bank, or corporation.
        Illustrations permitted by the foregoing provisions of this 
        section shall be made in accordance with the following 
        conditions--
                  ``(i) all illustrations shall be in black and white, 
                except that illustrations of postage stamps issued by 
                the United States or by any foreign government and 
                stamps issued under the Migratory Bird Hunting Stamp 
                Act of 1934 may be in color;
                  ``(ii) all illustrations (including illustrations of 
                uncanceled postage stamps in color and illustrations of 
                stamps issued under the Migratory Bird Hunting Stamp 
                Act of 1934 in color) shall be of a size less than 
                three-fourths or more than one and one-half, in linear 
                dimension, of each part of any matter so illustrated 
                which is covered by subparagraph (A), (B), (C), or (D) 
                of this paragraph, except that black and white 
                illustrations of postage and revenue stamps issued by 
                the United States or by any foreign government and 
                colored illustrations of canceled postage stamps issued 
                by the United States may be in the exact linear 
                dimension in which the stamps were issued; and
                  ``(iii) the negatives and plates used in making the 
                illustrations shall be destroyed after their final use 
                in accordance with this section. The Secretary of the 
                Treasury shall prescribe regulations to permit color 
                illustrations of such currency of the United States as 
                the Secretary determines may be appropriate for such 
                purposes.
          ``(2) The provisions of this section shall not permit the 
        reproduction of illustrations of obligations or other 
        securities, by or through electronic methods used for the 
        acquisition, recording, retrieval, transmission, or 
        reproduction of any obligation or other security, unless such 
        use is authorized by the Secretary of the Treasury. The 
        Secretary shall establish a system to ensure that the 
        legitimate use of such electronic methods and retention of such 
        reproductions by businesses, hobbyists, press or others shall 
        not be unduly restricted.
          ``(3) The making or importation of motion-picture films, 
        microfilms, or slides, for projection upon a screen or for use 
        in telecasting, of postage and revenue stamps and other 
        obligations and securities of the United States, and postage 
        and revenue stamps, notes, bonds, and other obligations or 
        securities of any foreign government, bank, or corporation. No 
        prints or other reproductions shall be made from such films or 
        slides, except for the purposes of paragraph (1), without the 
        permission of the Secretary of the Treasury. For the purposes 
        of this section the term `postage stamp' includes postage meter 
        stamps.

``Sec. 713. Seals of courts; signatures of judges or court officers

  ``Whoever forges the signature of any judge, register, or other 
officer of any court of the United States, or of any Territory thereof, 
or forges or counterfeits the seal of any such court, or knowingly 
concurs in using any such forged or counterfeit signature or seal, for 
the purpose of authenticating any proceeding or document, or tenders in 
evidence any such proceeding or document with a false or counterfeit 
signature of any such judge, register, or other officer, or a false or 
counterfeit seal of the court, subscribed or attached thereto, knowing 
such signature or seal to be false or counterfeit, shall be imprisoned 
not more than five years.

``Sec. 714. Seals of departments or agencies

  ``(a) Offense.--Whoever--
          ``(1) falsely makes, forges, counterfeits, mutilates, or 
        alters the seal of any department or agency of the United 
        States, or any facsimile thereof;
          ``(2) knowingly uses, affixes, or impresses any such 
        fraudulently made, forged, counterfeited, mutilated, or altered 
        seal or facsimile thereof to or upon any certificate, 
        instrument, commission, document, or paper of any description; 
        or
          ``(3) with fraudulent intent, possesses, sells, offers for 
        sale, furnishes, offers to furnish, gives away, offers to give 
        away, transports, offers to transport, imports, or offers to 
        import any such seal or facsimile thereof, knowing the same to 
        have been so falsely made, forged, counterfeited, mutilated, or 
        altered,
shall be imprisoned not more than 5 years.
  ``(b) Increased Penalty.--Notwithstanding subsection (a) or any other 
provision of law, if a forged, counterfeited, mutilated, or altered 
seal of a department or agency of the United States, or any facsimile 
thereof, is--
          ``(1) so forged, counterfeited, mutilated, or altered;
          ``(2) used, affixed, or impressed to or upon any certificate, 
        instrument, commission, document, or paper of any description; 
        or
          ``(3) with fraudulent intent, possessed, sold, offered for 
        sale, furnished, offered to furnish, given away, offered to 
        give away, transported, offered to transport, imported, or 
        offered to import,
with the intent or effect of facilitating an alien's application for, 
or receipt of, a Federal benefit to which the alien is not entitled, 
the penalties which may be imposed for each offense under subsection 
(a) shall be two times the maximum fine, and 3 times the maximum term 
of imprisonment, or both, that would otherwise be imposed for an 
offense under subsection (a).
  ``(c) Definitions.--For purposes of this section--
          ``(1) the term `Federal benefit' means--
                  ``(A) the issuance of any grant, contract, loan, 
                professional license, or commercial license provided by 
                any agency of the United States or by appropriated 
                funds of the United States; and
                  ``(B) any retirement, welfare, Social Security, 
                health (including treatment of an emergency medical 
                condition in accordance with section 1903(v) of the 
                Social Security Act (19 U.S.C. 1396b(v))), disability, 
                veterans, public housing, education, supplemental 
                nutrition assistance program benefits, or unemployment 
                benefit, or any similar benefit for which payments or 
                assistance are provided by an agency of the United 
                States or by appropriated funds of the United States; 
                and
          ``(2) each instance of forgery, counterfeiting, mutilation, 
        or alteration shall constitute a separate offense under this 
        section.

``Sec. 715. Forging endorsements on Treasury checks or bonds or 
                    securities of the United States

  ``(a) In General.--Whoever, with intent to defraud--
          ``(1) falsely makes or forges any endorsement or signature on 
        a Treasury check or bond or security of the United States; or
          ``(2) passes, utters, or publishes, or attempts to pass, 
        utter, or publish, any Treasury check or bond or security of 
        the United States bearing a falsely made or forged endorsement 
        or signature;
shall be imprisoned not more than ten years.
  ``(b) Sale Exchange and Similar Conduct.--Whoever, with knowledge 
that such Treasury check or bond or security of the United States is 
stolen or bears a falsely made or forged endorsement or signature buys, 
sells, exchanges, receives, delivers, retains, or conceals any such 
Treasury check or bond or security of the United States shall be 
imprisoned not more than ten years.
  ``(c) Reduced Penalty.--If the face value of the Treasury check or 
bond or security of the United States or the aggregate face value, if 
more than one Treasury check or bond or security of the United States, 
does not exceed $1,000, in any of the above-mentioned offenses, the 
penalty shall be imprisonment for not more than one year.

``Sec. 716. Altering or removing motor vehicle identification numbers

  ``(a) Offense.--Whoever--
          ``(1) knowingly removes, obliterates, tampers with, or alters 
        an identification number for a motor vehicle or motor vehicle 
        part; or
          ``(2) with intent to further the theft of a motor vehicle, 
        knowingly removes, obliterates, tampers with, or alters a decal 
        or device affixed to a motor vehicle pursuant to the Motor 
        Vehicle Theft Prevention Act,
shall be imprisoned not more than 5 years.
  ``(b) Exclusion.--
          ``(1) Generally.--Subsection (a) does not apply to a removal, 
        obliteration, tampering, or alteration by a person specified in 
        paragraph (2) (unless such person knows that the vehicle or 
        part involved is stolen).
          ``(2) Persons referred to in paragraph (1).--The persons 
        referred to in paragraph (1) of this subsection are--
                  ``(A) a motor vehicle scrap processor or a motor 
                vehicle demolisher who complies with applicable State 
                law with respect to such vehicle or part;
                  ``(B) a person who repairs such vehicle or part, if 
                the removal, obliteration, tampering, or alteration is 
                reasonably necessary for the repair;
                  ``(C) a person who restores or replaces an 
                identification number for such vehicle or part in 
                accordance with applicable State law; and
                  ``(D) a person who removes, obliterates, tampers 
                with, or alters a decal or device affixed to a motor 
                vehicle pursuant to the Motor Vehicle Theft Prevention 
                Act, if that person is the owner of the motor vehicle, 
                or is authorized to remove, obliterate, tamper with or 
                alter the decal or device by--
                          ``(i) the owner or his authorized agent;
                          ``(ii) applicable State or local law; or
                          ``(iii) regulations promulgated by the 
                        Attorney General to implement the Motor Vehicle 
                        Theft Prevention Act.
  ``(c) Definitions for Section.--As used in this section--
          ``(1) the term `identification number' means a number or 
        symbol that is inscribed or affixed for purposes of 
        identification under chapter 301 and part C of subtitle VI of 
        title 49;
          ``(2) the term `motor vehicle' has the meaning given that 
        term in section 32101 of title 49;
          ``(3) the term `motor vehicle demolisher' means a person, 
        including any motor vehicle dismantler or motor vehicle 
        recycler, who is engaged in the business of reducing motor 
        vehicles or motor vehicle parts to metallic scrap that is 
        unsuitable for use as either a motor vehicle or a motor vehicle 
        part;
          ``(4) the term `motor vehicle scrap processor' means a 
        person--
                  ``(A) who is engaged in the business of purchasing 
                motor vehicles or motor vehicle parts for reduction to 
                metallic scrap for recycling;
                  ``(B) who, from a fixed location, uses machinery to 
                process metallic scrap into prepared grades; and
                  ``(C) whose principal product is metallic scrap for 
                recycling;
        but such term does not include any activity of any such person 
        relating to the recycling of a motor vehicle or a motor vehicle 
        part as a used motor vehicle or a used motor vehicle part; and
          ``(5) the term `tampers with' includes covering a program 
        decal or device affixed to a motor vehicle pursuant to the 
        Motor Vehicle Theft Prevention Act for the purpose of 
        obstructing its visibility.

``Sec. 717. Securities of the States and private entities

  ``(a) Counterfeit Securities.--Whoever makes, utters or possesses a 
counterfeited security of a State or a political subdivision thereof or 
of an organization, or whoever makes, utters or possesses a forged 
security of a State or political subdivision thereof or of an 
organization that operates in or affecting commerce, with intent to 
deceive another person shall be imprisoned for not more than ten years.
  ``(b) Implements.--Whoever makes, receives, possesses, sells or 
otherwise transfers an implement designed for or particularly suited 
for making a counterfeit or forged security with the intent that it be 
so used shall be punished by imprisonment for not more than ten years.
  ``(c) Definitions.--As used in this section--
          ``(1) the term `counterfeited' means a document that purports 
        to be genuine but is not, because it has been falsely made or 
        manufactured in its entirety;
          ``(2) the term `forged' means a document that purports to be 
        genuine but is not because it has been falsely altered, 
        completed, signed, or endorsed, or contains a false addition 
        thereto or insertion therein, or is a combination of parts of 
        two or more genuine documents; and
          ``(3) the term `security' means--
                  ``(A) a note, stock certificate, treasury stock 
                certificate, bond, treasury bond, debenture, 
                certificate of deposit, interest coupon, bill, check, 
                draft, warrant, debit instrument as defined in section 
                916(c) of the Electronic Fund Transfer Act, money 
                order, traveler's check, letter of credit, warehouse 
                receipt, negotiable bill of lading, evidence of 
                indebtedness, certificate of interest in or 
                participation in any profit-sharing agreement, 
                collateral-trust certificate, pre-reorganization 
                certificate of subscription, transferable share, 
                investment contract, voting trust certificate, or 
                certificate of interest in tangible or intangible 
                property;
                  ``(B) an instrument evidencing ownership of goods, 
                wares, or merchandise;
                  ``(C) any other written instrument commonly known as 
                a security;
                  ``(D) a certificate of interest in, certificate of 
                participation in, certificate for, receipt for, or 
                warrant or option or other right to subscribe to or 
                purchase, any of the foregoing; or
                  ``(E) a blank form of any of the foregoing.

``Sec. 718. Fictitious obligations

  ``(a) Offense.--Whoever, with the intent to defraud--
          ``(1) draws, prints, processes, produces, publishes, or 
        otherwise makes, or attempts or causes the same, within the 
        United States;
          ``(2) passes, utters, presents, offers, brokers, issues, 
        sells, or attempts or causes the same, or with like intent 
        possesses, within the United States; or
          ``(3) utilizes interstate or foreign commerce, including the 
        use of the mails or wire, radio, or other electronic 
        communication, to transmit, transport, ship, move, transfer, or 
        attempts or causes the same, to, from, or through the United 
        States,
any false or fictitious instrument, document, or other item appearing, 
representing, purporting, or contriving through scheme or artifice, to 
be an actual security or other financial instrument issued under the 
authority of the United States, a foreign government, a State or other 
political subdivision of the United States, or an organization, shall 
be imprisoned for not more than 25 years.
  ``(b) Definitions.--For purposes of this section, any term used in 
this section that is defined in section 718(c) has the same meaning 
given such term in section 718(c).
  ``(c) Authority of the United States Secret Service.--The United 
States Secret Service, in addition to any other agency having such 
authority, shall have authority to investigate offenses under this 
section.

             ``CHAPTER 25--FRAUD AND FALSE STATEMENT CRIMES

``Subchapter
                                                                    Sec.
``A. Fraud and false statements...................................   771

``B. Mail fraud...................................................   801

               ``SUBCHAPTER A--FRAUD AND FALSE STATEMENTS

``Sec.
``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.
``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 of financial institution.
``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.
``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.

``Sec. 771. Definitions

  ``As used in this subchapter--
          ``(1) the term `member bank' means any national bank, state 
        bank, or bank or trust company, which has become a member of 
        one of the Federal Reserve banks;
          ``(2) the term `insured bank' includes any state bank, 
        banking association, trust company, savings bank, or other 
        banking institution, the deposits of which are insured by the 
        Federal Deposit Insurance Corporation;
          ``(3) the term `branch or agency of a foreign bank' means a 
        branch or agency described in paragraph (E) of the definition 
        of financial institution in section 1 of this title; and
          ``(4) the term `depository institution holding company' has 
        the meaning given such term in section 3(w)(1) of the Federal 
        Deposit Insurance Act.

``Sec. 772. Statements or entries generally

  ``(a) Offense.--Except as otherwise provided in this section, 
whoever, in any matter within the jurisdiction of the executive, 
legislative, or judicial branch of the Government of the United States, 
knowingly--
          ``(1) falsifies, conceals, or covers up by any trick, scheme, 
        or device a material fact;
          ``(2) makes any materially false, fictitious, or fraudulent 
        statement or representation; or
          ``(3) makes or uses any false writing or document knowing the 
        same to contain any materially false, fictitious, or fraudulent 
        statement or entry;
shall be imprisoned not more than 5 years or, if the offense involves 
international or domestic terrorism (as defined in section 2331), 
imprisoned not more than 8 years. If the matter relates to an offense 
under chapter 13 or section 1265, then the term of imprisonment imposed 
under this section shall be not more than 8 years.
  ``(b) Exclusion.--Subsection (a) does not apply to a party to a 
judicial proceeding, or that party's counsel, for statements, 
representations, writings or documents submitted by such party or 
counsel to a judge or magistrate in that proceeding.
  ``(c) Application to Matters Within the Jurisdiction of the 
Legislative Branch.--With respect to any matter within the jurisdiction 
of the legislative branch, subsection (a) shall apply only to--
          ``(1) administrative matters, including a claim for payment, 
        a matter related to the procurement of property or services, 
        personnel or employment practices, or support services, or a 
        document required by law, rule, or regulation to be submitted 
        to the Congress or any office or officer within the legislative 
        branch; or
          ``(2) any investigation or review, conducted pursuant to the 
        authority of any committee, subcommittee, commission or office 
        of the Congress, consistent with applicable rules of the House 
        or Senate.

``Sec. 773. Bank entries, reports and transactions

  ``Whoever--
          ``(1) being an officer, director, agent or employee of any 
        Federal Reserve bank, member bank, depository institution 
        holding company, national bank, insured bank, branch or agency 
        of a foreign bank, or organization operating under section 25 
        or section 25(a) of the Federal Reserve Act, without authority 
        from the directors of such bank, branch, agency, or 
        organization or company, issues or puts in circulation any 
        notes of such bank, branch, agency, or organization or company;
          ``(2) without such authority, makes, draws, issues, puts 
        forth, or assigns any certificate of deposit, draft, order, 
        bill of exchange, acceptance, note, debenture, bond, or other 
        obligation, or mortgage, judgment or decree;
          ``(3) makes any false entry in any book, report, or statement 
        of such bank, company, branch, agency, or organization with 
        intent to injure or defraud such bank, company, branch, agency, 
        or organization, or any other company, body politic or 
        corporate, or any individual person, or to deceive any officer 
        of such bank, company, branch, agency, or organization, or the 
        Comptroller of the Currency, or the Federal Deposit Insurance 
        Corporation, or any agent or examiner appointed to examine the 
        affairs of such bank, company, branch, agency, or organization, 
        or the Board of Governors of the Federal Reserve System; or
          ``(4) with intent to defraud the United States or any agency 
        thereof, or any financial institution referred to in this 
        section, participates or shares in or receives (directly or 
        indirectly) any money, profit, property, or benefits through 
        any transaction, loan, commission, contract, or any other act 
        of any such financial institution;
shall be imprisoned not more than 30 years.

``Sec. 774. Federal credit institution entries, reports, and 
                    transactions

  ``Whoever, being an officer, agent or employee of or connected in any 
capacity with the Federal Deposit Insurance Corporation, National 
Credit Union Administration, Office of Thrift Supervision, any Federal 
home loan bank, the Federal Housing Finance Agency, the Resolution 
Trust Corporation, Farm Credit Administration, Department of Housing 
and Urban Development, Federal Crop Insurance Corporation, the 
Secretary of Agriculture acting through the Farmers Home Administration 
or successor agency, the Rural Development Administration or successor 
agency, or the Farm Credit System Insurance Corporation, a Farm Credit 
Bank, a bank for cooperatives or any lending, mortgage, insurance, 
credit or savings and loan corporation or association authorized or 
acting under the laws of the United States or any institution, other 
than an insured bank, the accounts of which are insured by the Federal 
Deposit Insurance Corporation, or by the National Credit Union 
Administration Board or any small business investment company, with 
intent to defraud any such institution or any other company, body 
politic or corporate, or any individual, or to deceive any officer, 
auditor, examiner or agent of any such institution or of department or 
agency of the United States, makes any false entry in any book, report 
or statement of or to any such institution, or without being duly 
authorized, draws any order or bill of exchange, makes any acceptance, 
or issues, puts forth or assigns any note, debenture, bond or other 
obligation, or draft, bill of exchange, mortgage, judgment, or decree, 
or, with intent to defraud the United States or any agency thereof, or 
any corporation, institution, or association referred to in this 
section, participates or shares in or receives directly or indirectly 
any money, profit, property, or benefits through any transaction, loan, 
commission, contract, or any other act of any such corporation, 
institution, or association, shall be imprisoned not more than 30 
years.

``Sec. 775. Federal Deposit Insurance Corporation transactions

  ``Whoever, for the purpose of influencing in any way the action of 
the Federal Deposit Insurance Corporation, knowingly makes or invites 
reliance on a false, forged, or counterfeit statement, document, or 
thing shall be imprisoned not more than 30 years.

``Sec. 776. Department of Housing and Urban Development and Federal 
                    Housing Administration transactions

  ``Whoever, for the purpose of obtaining any loan or advance of credit 
from any person, partnership, association, or corporation with the 
intent that such loan or advance of credit shall be offered to or 
accepted by the Department of Housing and Urban Development for 
insurance, or for the purpose of obtaining any extension or renewal of 
any loan, advance of credit, or mortgage insured by such Department, or 
the acceptance, release, or substitution of any security on such a 
loan, advance of credit, or for the purpose of influencing in any way 
the action of such Department, makes, passes, utters, or publishes any 
statement, knowing the same to be false, or alters, forges, or 
counterfeits any instrument, paper, or document, or utters, publishes, 
or passes as true any instrument, paper, or document, knowing it to 
have been altered, forged, or counterfeited, or knowingly overvalues 
any security, asset, or income, shall be imprisoned not more than two 
years.

``Sec. 777. Department of Housing and Urban Development transactions

  ``Whoever--
          ``(1) with intent to defraud, makes any false entry in any 
        book of the Department of Housing and Urban Development or 
        makes any false report or statement to or for such Department;
          ``(2) receives any compensation, rebate, or reward, with 
        intent to defraud such Department or with intent unlawfully to 
        defeat its purposes; or
          ``(3) induces or influences such Department to purchase or 
        acquire any property or to enter into any contract and 
        knowingly fails to disclose any interest which that person has 
        in such property or in the property to which such contract 
        relates, or any special benefit which he expects to receive as 
        a result of such contract;
shall be imprisoned not more than one year.

``Sec. 778. Farm loan bonds and credit bank debentures

  ``Whoever deceives, defrauds, or imposes upon, or attempts to 
deceive, defraud, or impose upon any person, partnership, corporation, 
or association by making any false pretense or representation 
concerning the character, issue, security, contents, conditions, or 
terms of any farm loan bond, or coupon, issued by any Federal land bank 
or banks; or of any debenture, coupon, or other obligation, issued by 
any Federal intermediate credit bank or banks; or by falsely pretending 
or representing that any farm loan bond, or coupon, is anything other 
than, or different from, what it purports to be on the face of said 
bond or coupon, shall be imprisoned not more than one year.

``Sec. 779. Loan and credit applications generally; renewals and 
                    discounts; crop insurance

  ``Whoever knowingly makes any false statement or report, or knowingly 
overvalues any land, property or security, for the purpose of 
influencing in any way the action of the Federal Housing Administration 
the Farm Credit Administration, Federal Crop Insurance Corporation or a 
company the Corporation reinsures, the Secretary of Agriculture acting 
through the Farmers Home Administration or successor agency, the Rural 
Development Administration or successor agency, any Farm Credit Bank, 
production credit association, agricultural credit association, bank 
for cooperatives, or any division, officer, or employee thereof, or of 
any regional agricultural credit corporation established pursuant to 
law, or a Federal land bank, a Federal land bank association, a Federal 
Reserve bank, a small business investment company, as defined in 
section 103 of the Small Business Investment Act of 1958, or the Small 
Business Administration in connection with any provision of that Act, a 
Federal credit union, an insured State-chartered credit union, any 
institution the accounts of which are insured by the Federal Deposit 
Insurance Corporation, the Office of Thrift Supervision, any Federal 
home loan bank, the Federal Housing Finance Agency, the Federal Deposit 
Insurance Corporation, the Resolution Trust Corporation, the Farm 
Credit System Insurance Corporation, or the National Credit Union 
Administration Board, a branch or agency of a foreign bank (as such 
terms are defined in paragraphs (1) and (3) of section 1(b) of the 
International Banking Act of 1978), or an organization operating under 
section 25 or section 25(a) of the Federal Reserve Act, upon any 
application, advance, discount, purchase, purchase agreement, 
repurchase agreement, commitment, loan, or insurance agreement or 
application for insurance or a guarantee, or any change or extension of 
any of the same, by renewal, deferment of action or otherwise, or the 
acceptance, release, or substitution of security therefor, shall be 
imprisoned not more than 30 years.

``Sec. 780. Naturalization, citizenship, or alien registry

  ``(a) Offense.--Whoever--
          ``(1) knowingly makes any false statement under oath, in any 
        case, proceeding, or matter relating to, or under, or by virtue 
        of any law of the United States relating to naturalization, 
        citizenship, or registry of aliens;
          ``(2) knowingly, with intent to avoid any duty or liability 
        imposed or required by law, denies that he has been naturalized 
        or admitted to be a citizen, after having been so naturalized 
        or admitted;
          ``(3) uses or attempts to use any certificate of arrival, 
        declaration of intention, certificate of naturalization, 
        certificate of citizenship or other documentary evidence of 
        naturalization or of citizenship, or any duplicate or copy 
        thereof, knowing the same to have been procured by fraud or 
        false evidence or without required appearance or hearing of the 
        applicant in court or otherwise unlawfully obtained;
          ``(4) knowingly makes any false certificate, acknowledgment 
        or statement concerning the appearance before him or the taking 
        of an oath or affirmation or the signature, attestation or 
        execution by any person with respect to any application, 
        declaration, petition, affidavit, deposition, certificate of 
        naturalization, certificate of citizenship or other paper or 
        writing required or authorized by the laws relating to 
        immigration, naturalization, citizenship, or registry of 
        aliens;
          ``(5) knowingly makes any false statement or claim that he 
        is, or at any time has been, a citizen or national of the 
        United States, with the intent to obtain on behalf of himself, 
        or any other person, any Federal or State benefit or service, 
        or to engage unlawfully in employment in the United States; or
          ``(6) knowingly makes any false statement or claim that he is 
        a citizen of the United States in order to register to vote or 
        to vote in any Federal, State, or local election (including an 
        initiative, recall, or referendum);
shall be imprisoned not more than five years.
  ``(b) Exclusion.--Subsection (a)(5) does not apply to an alien if 
each natural parent of the alien (or, in the case of an adopted alien, 
each adoptive parent of the alien) is or was a citizen (whether by 
birth or naturalization), the alien permanently resided in the United 
States prior to attaining the age of 16, and the alien reasonably 
believed at the time of making the false statement or claim that he or 
she was a citizen of the United States.

``Sec. 781. Highway projects

  ``Whoever--
          ``(1) knowingly makes any false statement, false 
        representation, or false report as to the character, quality, 
        quantity, or cost of the material used or to be used, or the 
        quantity or quality of the work performed or to be performed, 
        or the costs thereof in connection with the submission of 
        plans, maps, specifications, contracts, or costs of 
        construction of any highway or related project submitted for 
        approval to the Secretary of Transportation;
          ``(2) knowingly makes any false statement, false 
        representation, false report, or false claim with respect to 
        the character, quality, quantity, or cost of any work performed 
        or to be performed, or materials furnished or to be furnished, 
        in connection with the construction of any highway or related 
        project approved by the Secretary of Transportation; or
          ``(3) knowingly makes any false statement or false 
        representation as to a material fact in any statement, 
        certificate, or report submitted pursuant to the provisions of 
        the Federal-Aid Road Act approved July 11, 1916 (39 Stat. 355), 
        as amended and supplemented;
shall be imprisoned not more than five years.

``Sec. 782. False statements and concealment of facts in relation to 
                    documents required by the Employee Retirement 
                    Income Security Act of 1974

  ``Whoever, in any document required by title I of the Employee 
Retirement Income Security Act of 1974 to be published, or kept as part 
of the records of any employee welfare benefit plan or employee pension 
benefit plan, or certified to the administrator of any such plan, makes 
any false statement or representation of fact, knowing it to be false, 
or knowingly conceals, covers up, or fails to disclose any fact the 
disclosure of which is required by such title or is necessary to 
verify, explain, clarify or check for accuracy and completeness any 
report required by such title to be published or any information 
required by such title to be certified, shall be imprisoned not more 
than five years.

``Sec. 783. Fraud and related activity in connection with 
                    identification documents, authentication features, 
                    and information

  ``(a) Offense.--Whoever, as made applicable by subsection (c)--
          ``(1) knowingly and without lawful authority produces an 
        identification document, authentication feature, or a false 
        identification document;
          ``(2) knowingly transfers an identification document, 
        authentication feature, or a false identification document 
        knowing that such document or feature was stolen or produced 
        without lawful authority;
          ``(3) knowingly possesses with intent to use unlawfully or 
        transfer unlawfully five or more identification documents 
        (other than those issued lawfully for the use of the 
        possessor), authentication features, or false identification 
        documents;
          ``(4) knowingly possesses an identification document (other 
        than one issued lawfully for the use of the possessor), 
        authentication feature, or a false identification document, 
        with the intent such document or feature be used to defraud the 
        United States;
          ``(5) knowingly produces, transfers, or possesses a document-
        making implement or authentication feature with the intent such 
        document-making implement or authentication feature will be 
        used in the production of a false identification document or 
        another document-making implement or authentication feature 
        which will be so used;
          ``(6) knowingly possesses an identification document or 
        authentication feature that is or appears to be an 
        identification document or authentication feature of the United 
        States or a sponsoring entity of an event designated as a 
        special event of national significance which is stolen or 
        produced without lawful authority knowing that such document or 
        feature was stolen or produced without such authority;
          ``(7) knowingly transfers, posseses, or uses, without lawful 
        authority, a means of identification of another person with the 
        intent to commit, or to aid or abet, or in connection with, any 
        unlawful activity that constitutes a violation of Federal law, 
        or that constitutes a felony under any applicable State or 
        local law; or
          ``(8) knowingly traffics in false or actual authentication 
        features for use in false identification documents, document-
        making implements, or means of identification;
shall be punished as provided in subsection (b).
  ``(b) Punishment.--The punishment for an offense under subsection (a) 
of this section is--
          ``(1) except as provided in paragraphs (3) and (4), a fine 
        under this title or imprisonment for not more than 15 years, or 
        both, if the offense is--
                  ``(A) the production or transfer of an identification 
                document, authentication feature, or false 
                identification document that is or appears to be--
                          ``(i) an identification document or 
                        authentication feature issued by or under the 
                        authority of the United States; or
                          ``(ii) a birth certificate, or a driver's 
                        license or personal identification card;
                  ``(B) the production or transfer of more than five 
                identification documents, authentication features, or 
                false identification documents;
                  ``(C) an offense under paragraph (5) of such 
                subsection; or
                  ``(D) an offense under paragraph (7) of such 
                subsection that involves the transfer, possession, or 
                use of 1 or more means of identification if, as a 
                result of the offense, any individual committing the 
                offense obtains anything of value aggregating $1,000 or 
                more during any 1-year period;
          ``(2) except as provided in paragraphs (3) and (4), a fine 
        under this title or imprisonment for not more than 5 years, or 
        both, if the offense is--
                  ``(A) any other production, transfer, or use of a 
                means of identification, an identification document, 
                authentication feature, or a false identification 
                document; or
                  ``(B) an offense under paragraph (3) or (7) of such 
                subsection;
          ``(3) a fine under this title or imprisonment for not more 
        than 20 years, or both, if the offense is committed--
                  ``(A) to facilitate a drug trafficking crime (as 
                defined in section 592(a)(2));
                  ``(B) in connection with a crime of violence (as 
                defined in section 584(c)(3)); or
                  ``(C) after a prior conviction under this section 
                becomes final;
          ``(4) a fine under this title or imprisonment for not more 
        than 30 years, or both, if the offense is committed to 
        facilitate an act of domestic terrorism (as defined under 
        section 283) or an act of international terrorism (as defined 
        in section 283(1)); and
          ``(5) a fine under this title or imprisonment for not more 
        than one year, or both, in any other case.
  ``(c) Applicability.--Subsection (a) applies if--
          ``(1) the identification document, authentication feature, or 
        false identification document is or appears to be issued by or 
        under the authority of the United States or a sponsoring entity 
        of an event designated as a special event of national 
        significance or the document-making implement is designed or 
        suited for making such an identification document, 
        authentication feature, or false identification document;
          ``(2) the offense is an offense under subsection (a)(4) of 
        this section; or
          ``(3) either--
                  ``(A) the production, transfer, possession, or use 
                prohibited by this section is in or affects interstate 
                or foreign commerce, including the transfer of a 
                document by electronic means; or
                  ``(B) the means of identification, identification 
                document, false identification document, or document-
                making implement is transported in the mail in the 
                course of the production, transfer, possession, or use 
                prohibited by this section.
  ``(d) Definitions.--In this section and section 784--
          ``(1) the term `authentication feature' means any hologram, 
        watermark, certification, symbol, code, image, sequence of 
        numbers or letters, or other feature that either individually 
        or in combination with another feature is used by the issuing 
        authority on an identification document, document-making 
        implement, or means of identification to determine if the 
        document is counterfeit, altered, or otherwise falsified;
          ``(2) the term `document-making implement' means any 
        implement, impression, template, computer file, computer disc, 
        electronic device, or computer hardware or software, that is 
        specifically configured or primarily used for making an 
        identification document, a false identification document, or 
        another document-making implement;
          ``(3) the term `identification document' means a document 
        made or issued by or under the authority of the United States 
        Government, a State, political subdivision of a State, or a 
        sponsoring entity of an event designated as a special event of 
        national significance, a foreign government, political 
        subdivision of a foreign government, an international 
        governmental or an international quasi-governmental 
        organization which, when completed with information concerning 
        a particular individual, is of a type intended or commonly 
        accepted for the purpose of identification of individuals;
          ``(4) the term `false identification document' means a 
        document of a type intended or commonly accepted for the 
        purposes of identification of individuals that--
                  ``(A) is not issued by or under the authority of a 
                governmental entity or was issued under the authority 
                of a governmental entity but was subsequently altered 
                for purposes of deceit; and
                  ``(B) appears to be issued by or under the authority 
                of the United States Government, a State, a political 
                subdivision of a State, or a sponsoring entity of an 
                event designated as a special event of national 
                significance, a foreign government, a political 
                subdivision of a foreign government, or an 
                international governmental or quasi-governmental 
                organization;
          ``(5) the term `false authentication feature' means an 
        authentication feature that--
                  ``(A) is genuine in origin, but, without the 
                authorization of the issuing authority, has been 
                tampered with or altered for purposes of deceit;
                  ``(B) is genuine, but has been distributed, or is 
                intended for distribution, without the authorization of 
                the issuing authority and not in connection with a 
                lawfully made identification document, document-making 
                implement, or means of identification to which such 
                authentication feature is intended to be affixed or 
                embedded by the respective issuing authority; or
                  ``(C) appears to be genuine, but is not;
          ``(6) the term `issuing authority'--
                  ``(A) means any governmental entity or agency that is 
                authorized to issue identification documents, means of 
                identification, or authentication features; and
                  ``(B) includes the United States Government, a State, 
                a political subdivision of a State, or a sponsoring 
                entity of an event designated as a special event of 
                national significance, a foreign government, a 
                political subdivision of a foreign government, or an 
                international government or quasi-governmental 
                organization;
          ``(7) the term `means of identification' means any name or 
        number that may be used, alone or in conjunction with any other 
        information, to identify a specific individual, including any--
                  ``(A) name, social security number, date of birth, 
                official State or government issued driver's license or 
                identification number, alien registration number, 
                government passport number, employer or taxpayer 
                identification number;
                  ``(B) unique biometric data, such as fingerprint, 
                voice print, retina or iris image, or other unique 
                physical representation;
                  ``(C) unique electronic identification number, 
                address, or routing code; or
                  ``(D) telecommunication identifying information or 
                access device (as defined in section 1029(e));
          ``(8) the term `personal identification card' means an 
        identification document issued by a State or local government 
        solely for the purpose of identification;
          ``(9) the term `produce' includes alter, authenticate, or 
        assemble;
          ``(10) the term `transfer' includes selecting an 
        identification document, false identification document, or 
        document-making implement and placing or directing the 
        placement of such identification document, false identification 
        document, or document-making implement on an online location 
        where it is available to others;
          ``(11) the term `traffic' means--
                  ``(A) to transport, transfer, or otherwise dispose 
                of, to another, as consideration for anything of value; 
                or
                  ``(B) to make or obtain control of with intent to so 
                transport, transfer, or otherwise dispose of.
  ``(e) Exclusion.--This section does not prohibit any lawfully 
authorized investigative, protective, or intelligence activity of a law 
enforcement agency of the United States, a State, or a political 
subdivision of a State, or of an intelligence agency of the United 
States, or any activity authorized under chapter 224 of this title.
  ``(f) Rule of Construction.--For purpose of subsection (a)(7), a 
single identification document or false identification document that 
contains 1 or more means of identification shall be construed to be 1 
means of identification.

``Sec. 784. Aggravated identity theft

  ``(a) Offenses.--
          ``(1) In general.--Whoever, during and in relation to any 
        felony violation enumerated in subsection (c), knowingly 
        transfers, possesses, or uses, without lawful authority, a 
        means of identification of another person shall, in addition to 
        the punishment provided for such felony, be sentenced to a term 
        of imprisonment of 2 years.
          ``(2) Terrorism offense.--Whoever, during and in relation to 
        any felony violation enumerated in section 273(g)(5)(B), 
        knowingly transfers, possesses, or uses, without lawful 
        authority, a means of identification of another person or a 
        false identification document shall, in addition to the 
        punishment provided for such felony, be sentenced to a term of 
        imprisonment of 5 years.
  ``(b) Consecutive Sentence.--Notwithstanding any other provision of 
law--
          ``(1) a court shall not place on probation any person 
        convicted of a violation of this section;
          ``(2) except as provided in paragraph (4), no term of 
        imprisonment imposed on a person under this section shall run 
        concurrently with any other term of imprisonment imposed on the 
        person under any other provision of law, including any term of 
        imprisonment imposed for the felony during which the means of 
        identification was transferred, possessed, or used;
          ``(3) in determining any term of imprisonment to be imposed 
        for the felony during which the means of identification was 
        transferred, possessed, or used, a court shall not in any way 
        reduce the term to be imposed for such crime so as to 
        compensate for, or otherwise take into account, any separate 
        term of imprisonment imposed or to be imposed for a violation 
        of this section; and
          ``(4) a term of imprisonment imposed on a person for a 
        violation of this section may, in the discretion of the court, 
        run concurrently, in whole or in part, only with another term 
        of imprisonment that is imposed by the court at the same time 
        on that person for an additional violation of this section, 
        provided that such discretion shall be exercised in accordance 
        with any applicable guidelines and policy statements issued by 
        the Sentencing Commission pursuant to section 994 of title 28.
  ``(c) Definition.--For purposes of this section, the term `felony 
violation enumerated in subsection (c)' means any offense that is a 
felony violation of--
          ``(1) section 641 (relating to theft of public money, 
        property, or rewards), section 644 (relating to theft, 
        embezzlement, or misapplication by bank officer or employee), 
        or section 651 (relating to theft from employee benefit plans);
          ``(2) section 1091 (relating to false personation of 
        citizenship);
          ``(3) section 582(a)(6) (relating to false statements in 
        connection with the acquisition of a firearm);
          ``(4) any provision contained in this subchapter (relating to 
        fraud and false statements), other than this section or section 
        783(a)(7);
          ``(5) any provision contained in subchapter B of chapter 25 
        (relating to mail, bank, and wire fraud);
          ``(6) any provision contained in subchapter F of chapter 15 
        (relating to nationality and citizenship);
          ``(7) section 523 of the Gramm-Leach-Bliley Act (15 U.S.C. 
        6823) (relating to obtaining customer information by false 
        pretenses);
          ``(8) section 243 or 266 of the Immigration and Nationality 
        Act (8 U.S.C. 1253 and 1306) (relating to knowingly failing to 
        leave the United States after deportation and creating a 
        counterfeit alien registration card);
          ``(9) any provision contained in chapter 8 of title II of the 
        Immigration and Nationality Act (8 U.S.C. 1321 et seq.) 
        (relating to various immigration offenses); or
          ``(10) section 208, 811, 1107(b), 1128B(a), or 1632 of the 
        Social Security Act (42 U.S.C. 408, 1011, 1307(b), 1320a-7b(a), 
        and 1383a) (relating to false statements relating to programs 
        under the Act).

``Sec. 785. Fraudulent use of credit card

  ``(a) Offense.--Whoever--
          ``(1) knowingly in a transaction affecting interstate or 
        foreign commerce, uses any counterfeit, fictitious, altered, 
        forged, lost, stolen, or fraudulently obtained credit card to 
        obtain money, goods, services, or anything else of value which 
        within any one-year period has a value aggregating $1,000 or 
        more;
          ``(2) with unlawful intent, transports in interstate or 
        foreign commerce a counterfeit, fictitious, altered, forged, 
        lost, stolen, or fraudulently obtained credit card knowing the 
        same to be counterfeit, fictitious, altered, forged, lost, 
        stolen, or fraudulently obtained;
          ``(3) with unlawful intent, uses any instrumentality of 
        interstate or foreign commerce to sell or transport a 
        counterfeit, fictitious, altered, forged, lost, stolen, or 
        fraudulently obtained credit card knowing the same to be 
        counterfeit, fictitious, altered, forged, lost, stolen, or 
        fraudulently obtained;
          ``(4) knowingly receives, conceals, uses, or transports 
        money, goods, services, or anything else of value (except 
        tickets for interstate or foreign transportation) which--
                  ``(A)(i) within any one-year period has a value 
                aggregating $1,000 or more; or
                  ``(ii) has moved in interstate or foreign commerce; 
                and
                  ``(B) has been obtained with a counterfeit, 
                fictitious, altered, forged, lost, stolen, or 
                fraudulently obtained credit card;
          ``(5) knowingly receives, conceals, uses, sells, or 
        transports in interstate or foreign commerce one or more 
        tickets for interstate or foreign transportation, which (1) 
        within any one-year period have a value aggregating $500 or 
        more, and (2) have been purchased or obtained with one or more 
        counterfeit, fictitious, altered, forged, lost, stolen, or 
        fraudulently obtained credit cards; or
          ``(6) in a transaction affecting interstate or foreign 
        commerce furnishes money, property, services, or anything else 
        of value, which within any one-year period has a value 
        aggregating $1,000 or more, through the use of any counterfeit, 
        fictitious, altered, forged, lost, stolen, or fraudulently 
        obtained credit card knowing the same to be counterfeit, 
        fictitious, altered, forged, lost, stolen, or fraudulently 
        obtained;
shall be imprisoned not more than ten years.
  ``(b) Definitions.--A term used in this section that has a definition 
for the purposes of the Consumer Credit Protection Act has that same 
definition for the purposes of this section.

``Sec. 786. Fraud and related activity in connection with access 
                    devices

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

``Sec. 787. Fraud and related activity in connection with computers

  ``(a) Offense.--Whoever--
          ``(1) having knowingly accessed a computer without 
        authorization or exceeding authorized access, and by means of 
        such conduct having obtained information that has been 
        determined by the United States Government pursuant to an 
        Executive order or statute to require protection against 
        unauthorized disclosure for reasons of national defense or 
        foreign relations, or any restricted data, as defined in 
        paragraph y. of section 11 of the Atomic Energy Act of 1954, 
        with reason to believe that such information so obtained could 
        be used to the injury of the United States, or to the advantage 
        of any foreign nation knowingly communicates, delivers, 
        transmits, or causes to be communicated, delivered, or 
        transmitted, or attempts to communicate, deliver, transmit or 
        cause to be communicated, delivered, or transmitted the same to 
        any person not entitled to receive it, or knowingly retains the 
        same and fails to deliver it to the officer or employee of the 
        United States entitled to receive it;
          ``(2) intentionally accesses a computer without authorization 
        or exceeds authorized access, and thereby obtains--
                  ``(A) information contained in a financial record of 
                a financial institution, or of a card issuer as defined 
                in section 1602(n) of title 15, or contained in a file 
                of a consumer reporting agency on a consumer, as such 
                terms are defined in the Fair Credit Reporting Act (15 
                U.S.C. 1681 et seq.);
                  ``(B) information from any department or agency of 
                the United States; or
                  ``(C) information from any protected computer;
          ``(3) intentionally, without authorization to access any 
        nonpublic computer of a department or agency of the United 
        States, accesses such a computer of that department or agency 
        that is exclusively for the use of the Government of the United 
        States or, in the case of a computer not exclusively for such 
        use, is used by or for the Government of the United States and 
        such conduct affects that use by or for the Government of the 
        United States;
          ``(4) knowingly and with intent to defraud, accesses a 
        protected computer without authorization, or exceeds authorized 
        access, and by means of such conduct furthers the intended 
        fraud and obtains anything of value, unless the object of the 
        fraud and the thing obtained consists only of the use of the 
        computer and the value of such use is not more than $5,000 in 
        any 1-year period;
          ``(5)(A) knowingly causes the transmission of a program, 
        information, code, or command, and as a result of such conduct, 
        intentionally causes damage without authorization, to a 
        protected computer;
          ``(B) intentionally accesses a protected computer without 
        authorization, and as a result of such conduct, recklessly 
        causes damage; or
          ``(C) intentionally accesses a protected computer without 
        authorization, and as a result of such conduct, causes damage 
        and loss;
          ``(6) knowingly and with intent to defraud traffics (as 
        defined in section 1029) in any password or similar information 
        through which a computer may be accessed without authorization, 
        if--
                  ``(A) such trafficking affects interstate or foreign 
                commerce; or
                  ``(B) such computer is used by or for the Government 
                of the United States; or
          ``(7) with intent to extort from any person any money or 
        other thing of value, transmits in interstate or foreign 
        commerce any communication containing any--
                  ``(A) threat to cause damage to a protected computer;
                  ``(B) threat to obtain information from a protected 
                computer without authorization or in excess of 
                authorization or to impair the confidentiality of 
                information obtained from a protected computer without 
                authorization or by exceeding authorized access; or
                  ``(C) demand or request for money or other thing of 
                value in relation to damage to a protected computer, 
                where such damage was caused to facilitate the 
                extortion;
shall be punished as provided in subsection (c) of this section.
  ``(b) Punishment.--The punishment for an offense under subsection (a) 
or (b) of this section is--
          ``(1)(A) a fine under this title or imprisonment for not more 
        than ten years, or both, in the case of an offense under 
        subsection (a)(1) of this section which does not occur after a 
        conviction for another offense under this section, or an 
        attempt to commit an offense punishable under this 
        subparagraph; and
          ``(B) a fine under this title or imprisonment for not more 
        than twenty years, or both, in the case of an offense under 
        subsection (a)(1) of this section which occurs after a 
        conviction for another offense under this section, or an 
        attempt to commit an offense punishable under this 
        subparagraph;
          ``(2)(A) except as provided in subparagraph (B), a fine under 
        this title or imprisonment for not more than one year, or both, 
        in the case of an offense under subsection (a)(2), (a)(3), 
        (a)(5)(A)(iii), or (a)(6) of this section which does not occur 
        after a conviction for another offense under this section, or 
        an attempt to commit an offense punishable under this 
        subparagraph;
          ``(B) a fine under this title or imprisonment for not more 
        than 5 years, or both, in the case of an offense under 
        subsection (a)(2) or an attempt to commit an offense punishable 
        under this subparagraph, if--
                  ``(i) the offense was committed for purposes of 
                commercial advantage or private financial gain;
                  ``(ii) the offense was committed in furtherance of 
                any criminal or tortious act in violation of the 
                Constitution or laws of the United States or of any 
                State; or
                  ``(iii) the value of the information obtained exceeds 
                $5,000; and
          ``(C) a fine under this title or imprisonment for not more 
        than ten years, or both, in the case of an offense under 
        subsection (a)(2), (a)(3) or (a)(6) of this section which 
        occurs after a conviction for another offense under such 
        subsection, or an attempt to commit an offense punishable under 
        this subparagraph;
          ``(3)(A) a fine under this title or imprisonment for not more 
        than five years, or both, in the case of an offense under 
        subsection (a)(4) or (a)(7) of this section which does not 
        occur after a conviction for another offense under this 
        section, or an attempt to commit an offense punishable under 
        this subparagraph; and
          ``(B) a fine under this title or imprisonment for not more 
        than ten years, or both, in the case of an offense under 
        subsection (a)(4), (a)(5)(A)(iii), or (a)(7) of this section 
        which occurs after a conviction for another offense under this 
        section, or an attempt to commit an offense punishable under 
        this subparagraph;
          ``(4)(A) except as provided in paragraph (5), a fine under 
        this title, imprisonment for not more than 10 years, or both, 
        in the case of an offense under subsection (a)(5)(A)(i), or an 
        attempt to commit an offense punishable under that subsection;
          ``(B) a fine under this title, imprisonment for not more than 
        5 years, or both, in the case of an offense under subsection 
        (a)(5)(A)(ii), or an attempt to commit an offense punishable 
        under that subsection; and
          ``(C) except as provided in paragraph (5), a fine under this 
        title, imprisonment for not more than 20 years, or both, in the 
        case of an offense under subsection (a)(5)(A)(i) or 
        (a)(5)(A)(ii), or an attempt to commit an offense punishable 
        under either subsection, that occurs after a conviction for 
        another offense under this section; and
          ``(5)(A) if the offender knowingly or recklessly causes or 
        attempts to cause serious bodily injury from conduct in 
        violation of subsection (a)(5)(A)(i), a fine under this title 
        or imprisonment for not more than 20 years, or both; and
          ``(B) if the offender knowingly or recklessly causes or 
        attempts to cause death from conduct in violation of subsection 
        (a)(5)(A)(i), a fine under this title or imprisonment for any 
        term of years or for life, or both.
  ``(c) Investigative Authority.--
          ``(1) United states secret service.--The United States Secret 
        Service shall, in addition to any other agency having such 
        authority, have the authority to investigate offenses under 
        this section.
          ``(2) Federal bureau of investigation.--The Federal Bureau of 
        Investigation shall have primary authority to investigate 
        offenses under subsection (a)(1) for any cases involving 
        espionage, foreign counterintelligence, information protected 
        against unauthorized disclosure for reasons of national defense 
        or foreign relations, or Restricted Data (as that term is 
        defined in section 11y of the Atomic Energy Act of 1954 (42 
        U.S.C. 2014(y)), except for offenses affecting the duties of 
        the United States Secret Service pursuant to section 3056(a) of 
        this title.
          ``(3) Agreement.--Such authority shall be exercised in 
        accordance with an agreement which shall be entered into by the 
        Secretary of the Treasury and the Attorney General.
  ``(d) Definitions.--As used in this section--
          ``(1) the term `computer' means an electronic, magnetic, 
        optical, electrochemical, or other high speed data processing 
        device performing logical, arithmetic, or storage functions, 
        and includes any data storage facility or communications 
        facility directly related to or operating in conjunction with 
        such device, but such term does not include an automated 
        typewriter or typesetter, a portable hand held calculator, or 
        other similar device;
          ``(2) the term `protected computer' means a computer--
                  ``(A) exclusively for the use of a financial 
                institution or the United States Government, or, in the 
                case of a computer not exclusively for such use, used 
                by or for a financial institution or the United States 
                Government and the conduct constituting the offense 
                affects that use by or for the financial institution or 
                the Government; or
                  ``(B) which is used in interstate or foreign commerce 
                or communication, including a computer located outside 
                the United States that is used in a manner that affects 
                interstate or foreign commerce or communication of the 
                United States;
          ``(3) the term `financial record' means information derived 
        from any record held by a financial institution pertaining to a 
        customer's relationship with the financial institution;
          ``(4) the term `exceeds authorized access' means to access a 
        computer with authorization and to use such access to obtain or 
        alter information in the computer that the accesser is not 
        entitled so to obtain or alter;
          ``(5) the term `department of the United States' means the 
        legislative or judicial branch of the Government or one of the 
        executive departments enumerated in section 101 of title 5;
          ``(6) the term `damage' means any impairment to the integrity 
        or availability of data, a program, a system, or information;
          ``(7) the term `government entity' includes the Government of 
        the United States, any State or political subdivision of the 
        United States, any foreign country, and any state, province, 
        municipality, or other political subdivision of a foreign 
        country;
          ``(8) the term `conviction' shall include a conviction under 
        the law of any State for a crime punishable by imprisonment for 
        more than 1 year, an element of which is unauthorized access, 
        or exceeding authorized access, to a computer; and
          ``(9) the term `loss' means any reasonable cost to any 
        victim, including the cost of responding to an offense, 
        conducting a damage assessment, and restoring the data, 
        program, system, or information to its condition prior to the 
        offense, and any revenue lost, cost incurred, or other 
        consequential damages incurred because of interruption of 
        service.
  ``(e) Exclusion.--This section does not prohibit any lawfully 
authorized investigative, protective, or intelligence activity of a law 
enforcement agency of the United States, a State, or a political 
subdivision of a State, or of an intelligence agency of the United 
States.
  ``(f) Civil Action.--Whoever suffers damage or loss by reason of a 
violation of this section may maintain a civil action against the 
violator to obtain compensatory damages and injunctive relief or other 
equitable relief. A civil action for a violation of this section may be 
brought only if the conduct involves 1 of the factors set forth in 
clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B). Damages 
for a violation involving only conduct described in subsection 
(a)(5)(B)(i) are limited to economic damages. No action may be brought 
under this subsection unless such action is begun within 2 years of the 
date of the act complained of or the date of the discovery of the 
damage. No action may be brought under this subsection for the 
negligent design or manufacture of computer hardware, computer 
software, or firmware.

``Sec. 788. Major fraud against the United States

  ``(a) Offense.--Whoever knowingly executes, or attempts to execute, 
any scheme or artifice with the intent--
          ``(1) to defraud the United States; or
          ``(2) to obtain money or property by means of false or 
        fraudulent pretenses, representations, or promises,
in any procurement of property or services as a prime contractor with 
the United States or as a subcontractor or supplier on a contract in 
which there is a prime contract with the United States, if the value of 
the contract, subcontract, or any constituent part thereof, for such 
property or services is $1,000,000 or more shall, subject to the 
applicability of subsection (c) of this section, be imprisoned not more 
than 10 years.
  ``(b) Increased Fine.--The fine imposed for an offense under this 
section may exceed the maximum otherwise provided by law, if such fine 
does not exceed $5,000,000 and--
          ``(1) the gross loss to the Government or the gross gain to a 
        defendant is $500,000 or greater; or
          ``(2) the offense involves a conscious or reckless risk of 
        serious personal injury.
  ``(c) Increased Fine on Multiple Counts.--The maximum fine imposed 
upon a defendant for a prosecution including a prosecution with 
multiple counts under this section shall not exceed $10,000,000.
  ``(d) Disclaimer.--Nothing in this section shall preclude a court 
from imposing any other sentences available under this title, including 
a fine up to twice the amount of the gross loss or gross gain involved 
in the offense pursuant to section 3571(d).
  ``(e) Limitation.--A prosecution of an offense under this section may 
be commenced any time not later than 7 years after the offense is 
committed, plus any additional time otherwise allowed by law.
  ``(f) Whistleblower.--Any individual who--
          ``(1) is discharged, demoted, suspended, threatened, 
        harassed, or in any other manner discriminated against in the 
        terms and conditions of employment by an employer because of 
        lawful acts done by the employee on behalf of the employee or 
        others in furtherance of a prosecution under this section 
        (including investigation for, initiation of, testimony for, or 
        assistance in such prosecution), and
          ``(2) was not a participant in the unlawful activity that is 
        the subject of such prosecution;
may, in a civil action, obtain all relief necessary to make such 
individual whole. Such relief shall include reinstatement with the same 
seniority status such individual would have had but for the 
discrimination, 2 times the amount of back pay, interest on the back 
pay, and compensation for any special damages sustained as a result of 
the discrimination, including litigation costs and reasonable 
attorney's fees.

``Sec. 789. Concealment of assets from conservator, receiver, or 
                    liquidating agent of financial institution

  ``Whoever--
          ``(1) knowingly conceals an asset or property from the 
        Federal Deposit Insurance Corporation, acting as conservator or 
        receiver or in the Corporation's corporate capacity with 
        respect to any asset acquired or liability assumed by the 
        Corporation under section 11, 12, or 13 of the Federal Deposit 
        Insurance Act, the Resolution Trust Corporation, any 
        conservator appointed by the Comptroller of the Currency or the 
        Director of the Office of Thrift Supervision, or the National 
        Credit Union Administration Board, acting as conservator or 
        liquidating agent;
          ``(2) corruptly impedes the functions of such Corporation, 
        Board, or conservator; or
          ``(3) corruptly places an asset or property beyond the reach 
        of such Corporation, Board, or conservator,
shall be imprisoned not more than 5 years.

``Sec. 790. Crimes by or affecting persons engaged in the business of 
                    insurance whose activities affect interstate 
                    commerce

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

``Sec. 791. Civil penalties and injunctions for violations of section 
                    790

  ``(a) Civil Penalty.--The Attorney General may bring a civil action 
in the appropriate United States district court against any person who 
engages in conduct constituting an offense under section 790 and, upon 
proof of such conduct by a preponderance of the evidence, such person 
shall be subject to a civil penalty of not more than $50,000 for each 
violation or the amount of compensation which the person received or 
offered for the prohibited conduct, whichever amount is greater. If the 
offense has contributed to the decision of a court of appropriate 
jurisdiction to issue an order directing the conservation, 
rehabilitation, or liquidation of an insurer, such penalty shall be 
remitted to the appropriate regulatory official for the benefit of the 
policyholders, claimants, and creditors of such insurer. The imposition 
of a civil penalty under this subsection does not preclude any other 
criminal or civil statutory, common law, or administrative remedy, 
which is available by law to the United States or any other person.
  ``(b) Order Prohibiting.--If the Attorney General has reason to 
believe that a person is engaged in conduct constituting an offense 
under section 790, the Attorney General may petition an appropriate 
United States district court for an order prohibiting that person from 
engaging in such conduct. The court may issue an order prohibiting that 
person from engaging in such conduct if the court finds that the 
conduct constitutes such an offense. The filing of a petition under 
this section does not preclude any other remedy which is available by 
law to the United States or any other person.

``Sec. 792. False statements relating to health care matters

  ``Whoever, in any matter involving a health care benefit program, 
knowingly--
          ``(1) falsifies, conceals, or covers up by any trick, scheme, 
        or device a material fact; or
          ``(2) makes any materially false, fictitious, or fraudulent 
        statements or representations, or makes or uses any materially 
        false writing or document knowing the same to contain any 
        materially false, fictitious, or fraudulent statement or entry, 
        in connection with the delivery of or payment for health care 
        benefits, items, or services, shall be imprisoned not more than 
        5 years.

``Sec. 793. Entry by false pretenses to any real property, vessel, or 
                    aircraft of the United States or secure area of any 
                    airport or seaport

  ``(a) Offense.--Whoever, by any fraud or false pretense, enters--
          ``(1) any real property belonging in whole or in part to, or 
        leased by, the United States;
          ``(2) any vessel or aircraft belonging in whole or in part 
        to, or leased by, the United States;
          ``(3) any secure or restricted area of any seaport, 
        designated as secure in an approved security plan, as required 
        under section 70103 of title 46 and the rules and regulations 
        promulgated under that section; or
          ``(4) any secure area of any airport, shall be punished as 
        provided in subsection (b).
  ``(b) The punishment for an offense under subsection (a) is--
          ``(1) imprisonment for not more than 10 years, if the offense 
        is committed with the intent to commit a felony; or
          ``(2) imprisonment for not more than 6 months, in any other 
        case.
  ``(c) As used in this section--
          ``(1) the term `secure area' means an area access to which is 
        restricted by the airport authority, captain of the seaport, or 
        a public agency; and
          ``(2) the term `airport' has the meaning given such term in 
        section 47102 of title 49.

``Sec. 794. Fraud and related activity in connection with electronic 
                    mail

  ``(a) In General.--Whoever, in or affecting interstate or foreign 
commerce, knowingly--
          ``(1) accesses a protected computer without authorization, 
        and intentionally initiates the transmission of multiple 
        commercial electronic mail messages from or through such 
        computer,
          ``(2) uses a protected computer to relay or retransmit 
        multiple commercial electronic mail messages, with the intent 
        to deceive or mislead recipients, or any Internet access 
        service, as to the origin of such messages,
          ``(3) materially falsifies header information in multiple 
        commercial electronic mail messages and intentionally initiates 
        the transmission of such messages,
          ``(4) registers, using information that materially falsifies 
        the identity of the actual registrant, for five or more 
        electronic mail accounts or online user accounts or two or more 
        domain names, and intentionally initiates the transmission of 
        multiple commercial electronic mail messages from any 
        combination of such accounts or domain names, or
          ``(5) falsely represents oneself to be the registrant or the 
        legitimate successor in interest to the registrant of 5 or more 
        Internet Protocol addresses, and intentionally initiates the 
        transmission of multiple commercial electronic mail messages 
        from such addresses shall be punished as provided in subsection 
        (b).
  ``(b) Penalties.--The punishment for an offense under subsection (a) 
is--
          ``(1) a fine under this title, imprisonment for not more than 
        5 years, or both, if--
                  ``(A) the offense is committed in furtherance of any 
                felony under the laws of the United States or of any 
                State; or
                  ``(B) the defendant has previously been convicted 
                under this section or section 1030, or under the law of 
                any State for conduct involving the transmission of 
                multiple commercial electronic mail messages or 
                unauthorized access to a computer system;
          ``(2) a fine under this title, imprisonment for not more than 
        3 years, or both, if--
                  ``(A) the offense is an offense under subsection 
                (a)(1);
                  ``(B) the offense is an offense under subsection 
                (a)(4) and involved 20 or more falsified electronic 
                mail or online user account registrations, or 10 or 
                more falsified domain name registrations;
                  ``(C) the volume of electronic mail messages 
                transmitted in furtherance of the offense exceeded 
                2,500 during any 24-hour period, 25,000 during any 30-
                day period, or 250,000 during any 1-year period;
                  ``(D) the offense caused loss to one or more persons 
                aggregating $5,000 or more in value during any 1-year 
                period;
                  ``(E) as a result of the offense any individual 
                committing the offense obtained anything of value 
                aggregating $5,000 or more during any 1-year period; or
                  ``(F) the offense was undertaken by the defendant in 
                concert with three or more other persons with respect 
                to whom the defendant occupied a position of organizer 
                or leader; and
          ``(3) a fine under this title or imprisonment for not more 
        than 1 year, or both, in any other case.
  ``(c) Definitions.--For the purposes of this section--
          ``(1) the term `loss' has the meaning given that term in 
        section 787;
          ``(2) for purposes of paragraphs (3) and (4) of subsection 
        (a), header information or registration information is 
        materially falsified if it is altered or concealed in a manner 
        that would impair the ability of a recipient of the message, an 
        Internet access service processing the message on behalf of a 
        recipient, a person alleging a violation of this section, or a 
        law enforcement agency to identify, locate, or respond to a 
        person who initiated the electronic mail message or to 
        investigate the alleged violation;
          ``(3) the term `multiple' means more than 100 electronic mail 
        messages during a 24-hour period, more than 1,000 electronic 
        mail messages during a 30-day period, or more than 10,000 
        electronic mail messages during a 1-year period; and
          ``(4) any other term has the meaning given that term by 
        section 3 of the CAN-SPAM Act of 2003.

``Sec. 795. False information and hoaxes

  ``(a) Criminal Violation.--
          ``(1) In general.--Whoever engages in any conduct with intent 
        to convey false or misleading information under circumstances 
        where such information may reasonably be believed and where 
        such information indicates that an activity has taken, is 
        taking, or will take place that would constitute a violation of 
        subchapter A of chapter 33 and subchapters B, D, E, and F of 
        chapter 21, section 236 of the Atomic Energy Act of 1954 (42 
        U.S.C. 2284), or section 46502, the second sentence of section 
        46504, section 46505(b)(3) or (c), section 46506 if homicide or 
        attempted homicide is involved, or section 60123(b) of title 
        49, shall--
                  ``(A) be imprisoned not more than 5 years;
                  ``(B) if serious bodily injury results, be imprisoned 
                not more than 20 years; and
                  ``(C) if death results, be imprisoned for any number 
                of years up to life.
          ``(2) Armed forces.--Whoever makes a false statement, with 
        intent to convey false or misleading information, about the 
        death, injury, capture, or disappearance of a member of the 
        Armed Forces of the United States during a war or armed 
        conflict in which the United States is engaged--
                  ``(A) shall be imprisoned not more than 5 years;
                  ``(B) if serious bodily injury results, shall be 
                imprisoned not more than 20 years; and
                  ``(C) if death results, shall be imprisoned for any 
                number of years or for life.
  ``(b) Civil Action.--Whoever engages in any conduct with intent to 
convey false or misleading information under circumstances where such 
information may reasonably be believed and where such information 
indicates that an activity has taken, is taking, or will take place 
that would constitute a violation of subchapter A of chapter 33 and 
subchapters B, D, E, and F of chapter 21, section 236 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second 
sentence of section 46504, section 46505 (b)(3) or (c), section 46506 
if homicide or attempted homicide is involved, or section 60123(b) of 
title 49 is liable in a civil action to any party incurring expenses 
incident to any emergency or investigative response to that conduct, 
for those expenses.
  ``(c) Reimbursement.--
          ``(1) In general.--The court, in imposing a sentence on a 
        defendant who has been convicted of an offense under subsection 
        (a), shall order the defendant to reimburse any state or local 
        government, or private not-for-profit organization that 
        provides fire or rescue service incurring expenses incident to 
        any emergency or investigative response to that conduct, for 
        those expenses.
          ``(2) Liability.--A person ordered to make reimbursement 
        under this subsection shall be jointly and severally liable for 
        such expenses with each other person, if any, who is ordered to 
        make reimbursement under this subsection for the same expenses.
          ``(3) Civil judgment.--An order of reimbursement under this 
        subsection shall, for the purposes of enforcement, be treated 
        as a civil judgment.
  ``(d) Activities of Law Enforcement.--This section does not prohibit 
any lawfully authorized investigative, protective, or intelligence 
activity of a law enforcement agency of the United States, a State, or 
political subdivision of a State, or of an intelligence agency of the 
United States.

``Sec. 796. Fraud and related activity in connection with obtaining 
                    confidential phone records information of a covered 
                    entity

  ``(a) Criminal Violation.--Whoever, in interstate or foreign 
commerce, knowingly and intentionally obtains, or attempts to obtain, 
confidential phone records information of a covered entity, by--
          ``(1) making false or fraudulent statements or 
        representations to an employee of a covered entity;
          ``(2) making such false or fraudulent statements or 
        representations to a customer of a covered entity;
          ``(3) providing a document to a covered entity knowing that 
        such document is false or fraudulent; or
          ``(4) accessing customer accounts of a covered entity via the 
        Internet, or by means of conduct that violates section 1030 of 
        this title, without prior authorization from the customer to 
        whom such confidential phone records information relates;
shall be imprisoned for not more than 10 years.
  ``(b) Prohibition on Sale or Transfer of Confidential Phone Records 
Information.--
          ``(1) Except as otherwise permitted by applicable law, 
        whoever, in interstate or foreign commerce, knowingly and 
        intentionally sells or transfers, or attempts to sell or 
        transfer, confidential phone records information of a covered 
        entity, without prior authorization from the customer to whom 
        such confidential phone records information relates, or knowing 
        or having reason to know such information was obtained 
        fraudulently, shall be imprisoned not more than 10 years.
          ``(2) For purposes of this subsection, the exceptions 
        specified in section 222(d) of the Communications Act of 1934 
        shall apply for the use of confidential phone records 
        information by any covered entity, as defined in subsection 
        (h).
  ``(c) Prohibition on Purchase or Receipt of Confidential Phone 
Records Information.--
          ``(1) Except as otherwise permitted by applicable law, 
        whoever, in interstate or foreign commerce, knowingly and 
        intentionally purchases or receives, or attempts to purchase or 
        receive, confidential phone records information of a covered 
        entity, without prior authorization from the customer to whom 
        such confidential phone records information relates, or knowing 
        or having reason to know such information was obtained 
        fraudulently, shall be imprisoned not more than 10 years.
          ``(2) For purposes of this subsection, the exceptions 
        specified in section 222(d) of the Communications Act of 1934 
        shall apply for the use of confidential phone records 
        information by any covered entity, as defined in subsection 
        (h).
  ``(d) Enhanced Penalties for Aggravated Cases.--Whoever violates, or 
attempts to violate, subsection (a), (b), or (c) while violating 
another law of the United States or as part of a pattern of any illegal 
activity involving more than $100,000, or more than 50 customers of a 
covered entity, in a 12-month period shall, in addition to the 
penalties provided for in such subsection, be imprisoned for not more 
than 5 years.
  ``(e) Enhanced Penalties for Use of Information in Furtherance of 
Certain Criminal Offenses.--
          ``(1) Whoever, violates, or attempts to violate, subsection 
        (a), (b), or (c) knowing that such information may be used in 
        furtherance of, or with the intent to commit, an offense 
        described in section 2261, 2261A, 2262, or any other crime of 
        violence shall, in addition to the penalties provided for in 
        such subsection, be imprisoned not more than 5 years.
          ``(2) Whoever, violates, or attempts to violate, subsection 
        (a), (b), or (c) knowing that such information may be used in 
        furtherance of, or with the intent to commit, an offense under 
        section 111, 115, 1114, 1503, 1512, 1513, or to intimidate, 
        threaten, harass, injure, or kill any Federal, State, or local 
        law enforcement officer shall, in addition to the penalties 
        provided for in such subsection, be and imprisoned not more 
        than 5 years.
  ``(f) Extraterritorial Jurisdiction.--There is extraterritorial 
jurisdiction over an offense under this section.
  ``(g) Nonapplicability to Law Enforcement Agencies.--This section 
does not prohibit any lawfully authorized investigative, protective, or 
intelligence activity of a law enforcement agency of the United States, 
a State, or political subdivision of a State, or of an intelligence 
agency of the United States.
  ``(h) Definitions.--In this section:
          ``(1) Confidential phone records information.--The term 
        `confidential phone records information' means information 
        that--
                  ``(A) relates to the quantity, technical 
                configuration, type, destination, location, or amount 
                of use of a service offered by a covered entity, 
                subscribed to by any customer of that covered entity, 
                and kept by or on behalf of that covered entity solely 
                by virtue of the relationship between that covered 
                entity and the customer;
                  ``(B) is made available to a covered entity by a 
                customer solely by virtue of the relationship between 
                that covered entity and the customer; or
                  ``(C) is contained in any bill, itemization, or 
                account statement provided to a customer by or on 
                behalf of a covered entity solely by virtue of the 
                relationship between that covered entity and the 
                customer.
          ``(2) Covered entity.--The term `covered entity'--
                  ``(A) has the same meaning given the term 
                `telecommunications carrier' in section 3 of the 
                Communications Act of 1934 (47 U.S.C. 153); and
                  ``(B) includes any provider of IP-enabled voice 
                service.
          ``(3) Customer.--The term `customer' means, with respect to a 
        covered entity, any individual, partnership, association, joint 
        stock company, trust, or corporation, or authorized 
        representative of such customer, to whom the covered entity 
        provides a product or service.
          ``(4) Ip-enabled voice service.--The term `IP-enabled voice 
        service' means the provision of real-time voice communications 
        offered to the public, or such class of users as to be 
        effectively available to the public, transmitted through 
        customer premises equipment using TCP/IP protocol, or a 
        successor protocol, (whether part of a bundle of services or 
        separately) with interconnection capability such that the 
        service can originate traffic to, or terminate traffic from, 
        the public switched telephone network, or a successor network.

                       ``SUBCHAPTER B--MAIL FRAUD

``Sec.
``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 fraud.
``808.  Failure of corporate officers to certify financial reports.

``Sec. 801. Frauds and swindles

  ``Whoever, having devised or intending to devise any scheme or 
artifice to defraud, or for obtaining money or property by means of 
false or fraudulent pretenses, representations, or promises, or to 
sell, dispose of, loan, exchange, alter, give away, distribute, supply, 
or furnish or procure for unlawful use any counterfeit or spurious 
coin, obligation, security, or other article, or anything represented 
to be or intimated or held out to be such counterfeit or spurious 
article, for the purpose of executing such scheme or artifice or 
attempting so to do, places in any post office or authorized depository 
for mail matter, any matter or thing whatever to be sent or delivered 
by the Postal Service, or deposits or causes to be deposited any matter 
or thing whatever to be sent or delivered by any private or commercial 
interstate carrier, or takes or receives therefrom, any such matter or 
thing, or knowingly causes to be delivered by mail or such carrier 
according to the direction thereon, or at the place at which it is 
directed to be delivered by the person to whom it is addressed, any 
such matter or thing, shall be imprisoned not more than 20 years. If 
the violation affects a financial institution, such person shall be 
imprisoned not more than 30 years.

``Sec. 802. Fictitious name or address

  ``Whoever, for the purpose of conducting, promoting, or carrying on 
by means of the Postal Service, any scheme or device mentioned in 
section 801 or any other unlawful business, uses or assumes, or 
requests to be addressed by, any fictitious, false, or assumed title, 
name, or address or name other than his own proper name, or takes or 
receives from any post office or authorized depository of mail matter, 
any letter, postal card, package, or other mail matter addressed to any 
such fictitious, false, or assumed title, name, or address, or name 
other than his or her own proper name, shall be imprisoned not more 
than five years.

``Sec. 803. Fraud by wire, radio, or television

  ``Whoever, having devised or intending to devise any scheme or 
artifice to defraud, or for obtaining money or property by means of 
false or fraudulent pretenses, representations, or promises, transmits 
or causes to be transmitted by means of wire, radio, or television 
communication in interstate or foreign commerce, any writings, signs, 
signals, pictures, or sounds for the purpose of executing such scheme 
or artifice, shall be imprisoned not more than 20 years. If the 
violation affects a financial institution, such person shall be 
imprisoned not more than 30 years.

``Sec. 804. Bank fraud

  ``Whoever knowingly executes, a scheme or artifice--
          ``(1) to defraud a financial institution; or
          ``(2) to obtain any of the moneys, funds, credits, assets, 
        securities, or other property owned by, or under the custody or 
        control of, a financial institution, by means of false or 
        fraudulent pretenses, representations, or promises;
shall be imprisoned not more than 30 years.

``Sec. 805. Definition of `scheme or artifice to defraud'

  ``For the purposes of this subchapter, the term `scheme or artifice 
to defraud' includes a scheme or artifice to deprive another of the 
intangible right of honest services.

``Sec. 806. Health care fraud

  ``Whoever knowingly executes a scheme or artifice--
          ``(1) to defraud any health care benefit program; or
          ``(2) to obtain, by means of false or fraudulent pretenses, 
        representations, or promises, any of the money or property 
        owned by, or under the custody or control of, any health care 
        benefit program;
in connection with the delivery of or payment for health care benefits, 
items, or services, shall be imprisoned not more than 10 years. If the 
violation results in serious bodily injury (as defined in section 1204 
of this title), such person shall be imprisoned not more than 20 years; 
and if the violation results in death, such person shall be imprisoned 
for any term of years or for life.

``Sec. 807. Securities fraud

  ``Whoever knowingly executes a scheme or artifice--
          ``(1) to defraud any person in connection with any security 
        of an issuer with a class of securities registered under 
        section 12 of the Securities Exchange Act of 1934 or that is 
        required to file reports under section 15(d) of the Securities 
        Exchange Act of 1934; or
          ``(2) to obtain, by means of false or fraudulent pretenses, 
        representations, or promises, any money or property in 
        connection with the purchase or sale of any security of an 
        issuer with a class of securities registered under section 12 
        of the Securities Exchange Act of 1934 or that is required to 
        file reports under section 15(d) of the Securities Exchange Act 
        of 1934;
shall be imprisoned not more than 25 years.

``Sec. 808. Failure of corporate officers to certify financial reports

  ``(a) Certification of Periodic Financial Reports.--Each periodic 
report containing financial statements filed by an issuer with the 
Securities Exchange Commission pursuant to section 13(a) or 15(d) of 
the Securities Exchange Act of 1934 shall be accompanied by a written 
statement by the chief executive officer and chief financial officer 
(or equivalent thereof) of the issuer.
  ``(b) Content.--The statement required under subsection (a) shall 
certify that the periodic report containing the financial statements 
fully complies with the requirements of section 13(a) or 15(d) of the 
Securities Exchange Act of 1934 and that information contained in the 
periodic report fairly presents, in all material respects, the 
financial condition and results of operations of the issuer.
  ``(c) Criminal Penalties.--Whoever knowingly--
          ``(1) certifies any statement as set forth in subsections (a) 
        and (b) knowing that the periodic report accompanying the 
        statement does not comport with all the requirements set forth 
        in this section shall be imprisoned not more than 10 years; or
          ``(2) certifies any statement as set forth in subsections (a) 
        and (b) knowing that the periodic report accompanying the 
        statement does not comport with all the requirements set forth 
        in this section
shall be imprisoned not more than 20 years.

  ``CHAPTER 27--CRIMES RELATED TO FEDERAL GOVERNMENT RESPONSIBILITIES

``Subchapter
                                                                    Sec.
``A. Coins and currency...........................................   851

``B. Customs......................................................   861

``C. Indians......................................................   871

``D. Bankruptcy...................................................   881

``E. Civil rights.................................................   891

``F. Foreign relations............................................   921

``G. Postal service...............................................   941

``H. Special maritime and territorial jurisdiction of the United 
States............................................................   961

                    ``SUBTITLE A--COINS AND CURRENCY

``Sec.
``851.  Mutilation, diminution, and falsification of coins.
``852.  Mutilation of national bank obligations.

``Sec. 851. Mutilation, diminution, and falsification of coins

  ``Whoever--
          ``(1) fraudulently alters, defaces, mutilates, impairs, 
        diminishes, falsifies, scales, or lightens any of the coins 
        coined at the mints of the United States, or any foreign coins 
        which are by law made current or are in actual use or 
        circulation as money within the United States; or
          ``(2) fraudulently possesses, passes, utters, publishes, or 
        sells, or attempts to pass, utter, publish, or sell, or brings 
        into the United States, any such coin, knowing the same to be 
        altered, defaced, mutilated, impaired, diminished, falsified, 
        scaled, or lightened;
shall be imprisoned not more than five years.

``Sec. 852. Mutilation of national bank obligations

  ``Whoever mutilates, cuts, defaces, disfigures, or perforates, or 
unites or cements together, or does any other thing to any bank bill, 
draft, note, or other evidence of debt issued by any national banking 
association, or Federal Reserve bank, or the Federal Reserve System, 
with intent to render such bank bill, draft, note, or other evidence of 
debt unfit to be reissued, shall be imprisoned not more than six 
months.

                        ``SUBCHAPTER B--CUSTOMS

``Sec.
``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.

``Sec. 861. Entry of goods falsely classified

  ``Whoever knowingly effects any entry of goods, wares, or 
merchandise, at less than the true weight or measure thereof, or upon a 
false classification as to quality or value, or by the payment of less 
than the amount of duty legally due, shall be imprisoned not more than 
two years.

``Sec. 862. Entry of goods by means of false statements

  ``(a) Offense.--Whoever--
          ``(1) enters or introduces, or attempts to enter or 
        introduce, into the commerce of the United States any imported 
        merchandise by means of any fraudulent or false invoice, 
        declaration, affidavit, letter, paper, or by means of any false 
        statement, written or verbal, or by means of any false or 
        fraudulent practice or appliance, or makes any false statement 
        in any declaration without reasonable cause to believe the 
        truth of such statement, or procures the making of any such 
        false statement as to any matter material thereto without 
        reasonable cause to believe the truth of such statement, 
        whether or not the United States shall or may be deprived of 
        any lawful duties; or
          ``(2) knowingly engages in an act or omission whereby the 
        United States is or may be deprived of any lawful duties 
        accruing upon merchandise embraced or referred to in such 
        invoice, declaration, affidavit, letter, paper, or statement, 
        or affected by such act or omission;
shall be imprisoned not more than two years.
  ``(b) Definition.--As used in this section, the term `commerce of the 
United States' does not include commerce with Virgin Islands, American 
Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, or 
Guam.

``Sec. 863. Smuggling goods into the United States

  ``(a) Offense.--Whoever--
          ``(1) knowingly and with intent to defraud the United States, 
        smuggles, or clandestinely introduces or attempts to smuggle or 
        clandestinely introduce into the United States any merchandise 
        which should have been invoiced, or makes out or passes, or 
        attempts to pass, through the customhouse any false, forged, or 
        fraudulent invoice, or other document or paper; or
          ``(2) fraudulently or knowingly imports or brings into the 
        United States, any merchandise contrary to law, or receives, 
        conceals, buys, sells, or in any manner facilitates the 
        transportation, concealment, or sale of such merchandise after 
        importation, knowing the same to have been imported or brought 
        into the United States contrary to law;
shall be imprisoned not more than 20 years.
  ``(b) Definition.--The term `United States', as used in this section, 
does not include Virgin Islands, American Samoa, Wake Island, Midway 
Islands, Kingman Reef, Johnston Island, or Guam.

``Sec. 864. Smuggling goods into foreign countries

  ``(a) Offense.--Whoever, owning in whole or in part any vessel of the 
United States, employs, or participates in, or allows the employment 
of, such vessel for the purpose of smuggling, or attempting to smuggle, 
or assisting in smuggling, any merchandise into the territory of any 
foreign government in violation of the laws there in force, if under 
the laws of such foreign government any penalty or forfeiture is 
provided for violation of the laws of the United States respecting the 
customs revenue, and any citizen of, or person domiciled in, or any 
corporation incorporated in, the United States, controlling or 
substantially participating in the control of any such vessel, directly 
or indirectly, whether through ownership of corporate shares or 
otherwise, and allowing the employment of said vessel for any such 
purpose, and any person found, or discovered to have been, on board of 
any such vessel so employed and participating or assisting in any such 
purpose, shall be imprisoned not more than two years.
  ``(b) Hiring or Chartering of Vessels.--It shall constitute an 
offense under this section to hire out or charter a vessel if the 
lessor or charterer has knowledge or reasonable grounds for belief that 
the lessee or person chartering the vessel intends to employ such 
vessel for any of the purposes described in this section and if such 
vessel is, during the time such lease or charter is in effect, employed 
for any such purpose.

``Sec. 865. Removing goods from customs custody; breaking seals

  ``Whoever knowingly--
          ``(1) without authority, affixes or attaches a customs seal, 
        fastening, or mark, or any seal, fastening, or mark purporting 
        to be a customs seal, fastening, or mark to any vessel, 
        vehicle, warehouse, or package;
          ``(2) without authority, removes, breaks, injures, or defaces 
        any customs seal or other fastening or mark placed upon any 
        vessel, vehicle, warehouse, or package containing merchandise 
        or baggage in bond or in customs custody;
          ``(3) enters any bonded warehouse or any vessel or vehicle 
        laden with or containing bonded merchandise with intent 
        unlawfully to remove therefrom any merchandise or baggage 
        therein, or unlawfully removes any merchandise or baggage in 
        such vessel, vehicle, or bonded warehouse or otherwise in 
        customs custody or control; or
          ``(4) receives or transports any merchandise or baggage 
        unlawfully removed from any such vessel, vehicle, or warehouse, 
        knowing the same to have been unlawfully removed;
shall be imprisoned not more than 10 years.

``Sec. 866. Importation or exportation of stolen motor vehicles, off-
                    highway mobile equipment, vessels, or aircraft

  ``(a) Offense.--Whoever knowingly imports, exports, or attempts to 
import or export--
          ``(1) any motor vehicle, off-highway mobile equipment, 
        vessel, aircraft, or part of any motor vehicle, off-highway 
        mobile equipment, vessel, or aircraft, knowing the same to have 
        been stolen; or
          ``(2) any motor vehicle or off-highway mobile equipment or 
        part of any motor vehicle or off-highway mobile equipment, 
        knowing that the identification number of such motor vehicle, 
        equipment, or part has been removed, obliterated, tampered 
        with, or altered;
shall be imprisoned not more than 10 years.
  ``(b) Exclusion.--Subsection (a)(2) does not apply if the removal, 
obliteration, tampering, or alteration--
          ``(1) is caused by collision or fire; or
          ``(2)(A) in the case of a motor vehicle, is not a violation 
        of section 718 of this title (relating to altering or removing 
        motor vehicle identification numbers); or
          ``(B) in the case of off-highway mobile equipment, would not 
        be a violation of section 718 of this title if such equipment 
        were a motor vehicle.
  ``(c) Definitions.--As used in this section--
          ``(1) the term `motor vehicle' has the meaning given that 
        term in section 32101 of title 49;
          ``(2) the term `off-highway mobile equipment' means any self-
        propelled agricultural equipment, self-propelled construction 
        equipment, and self-propelled special use equipment, used or 
        designed for running on land but not on rail or highway;
          ``(3) the term `vessel' has the meaning given that term in 
        section 401 of the Tariff Act of 1930;
          ``(4) the term `aircraft' has the meaning given that term in 
        section 40102(a) of title 49; and
          ``(5) the term `identification number'--
                  ``(A) in the case of a motor vehicle, has the meaning 
                given that term in section 718 of this title; and
                  ``(B) in the case of any other vehicle or equipment 
                covered by this section, means a number or symbol 
                assigned to the vehicle or equipment, or part thereof, 
                by the manufacturer primarily for the purpose of 
                identifying such vehicle, equipment, or part.

``Sec. 867. Smuggling goods from the United States

  ``(a) Offense.--Whoever fraudulently or knowingly exports or sends 
from the United States any merchandise, article, or object contrary to 
any law or regulation of the United States, or receives, conceals, 
buys, sells, or in any manner facilitates the transportation, 
concealment, or sale of such merchandise, article or object, prior to 
exportation, knowing the same to be intended for exportation contrary 
to any law or regulation of the United States, shall be imprisoned not 
more than 10 years.
  ``(b) Definition.--As used in this section, the term `United States' 
has the meaning given that term in section 863.

``Sec. 868. Border tunnels and passages

  ``(a) Construction.--Whoever knowingly constructs or finances the 
construction of a tunnel or subterranean passage that crosses the 
international border between the United States and another country, 
other than a lawfully authorized tunnel or passage known to the 
Secretary of Homeland Security and subject to inspection by Immigration 
and Customs Enforcement, shall be imprisoned for not more than 20 
years.
  ``(b) Disregarding Construction.--Whoever knows or recklessly 
disregards the construction or use of a tunnel or passage described in 
subsection (a) on land that the person owns or controls shall be 
imprisoned for not more than 10 years.
  ``(c) Use.--
          ``(1) Offense.--Whoever uses a tunnel or passage described in 
        subsection (a) to unlawfully smuggle an alien, goods (in 
        violation of section 863), controlled substances, weapons of 
        mass destruction (including biological weapons), or a member of 
        a terrorist organization shall be subject to a maximum term of 
        imprisonment that is twice the maximum term of imprisonment 
        that would have otherwise been applicable had the unlawful 
        activity not made use of such a tunnel or passage.
          ``(2) Definition.--As used in this subsection, the term 
        `terrorist organization' means an organization designated as a 
        terrorist organization under section 219 of the Immigration and 
        Nationality Act.

                        ``SUBCHAPTER C--INDIANS

``Sec.
``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.
``878.  Reporting of child abuse.
``879.  Illegal trafficking in Native American human remains and 
          cultural items.

``Sec. 871. Indian country defined

  ``The term `Indian country', as used in this subchapter, means--
          ``(1) all land within the limits of any Indian reservation 
        under the jurisdiction of the United States Government, 
        notwithstanding the issuance of any patent, and, including 
        rights-of-way running through the reservation;
          ``(2) all dependent Indian communities within the borders of 
        the United States whether within the original or subsequently 
        acquired territory thereof, and whether within or without the 
        limits of a State; and
          ``(3) all Indian allotments, the Indian titles to which have 
        not been extinguished, including rights-of-way running through 
        the same.

``Sec. 872. Laws governing

  ``(a) Generally.--Except as otherwise expressly provided by law, the 
general laws of the United States as to the punishment of offenses 
committed in any place within the sole and exclusive jurisdiction of 
the United States, except the District of Columbia, shall extend to the 
Indian country.
  ``(b) Limitation.--This section does not extend to offenses committed 
by one Indian against the person or property of another Indian, nor to 
any Indian committing any offense in the Indian country who has been 
punished by the local law of the tribe, or to any case where, by treaty 
stipulations, the exclusive jurisdiction over such offenses is or may 
be secured to the Indian tribes respectively.

``Sec. 873. Offenses committed within Indian country

  ``(a) Major Crimes.--Any Indian who commits against the person or 
property of another Indian or other person any of the following 
offenses, namely, murder, manslaughter, kidnapping, maiming, a felony 
under subchapter A of chapter 13, incest, assault with intent to commit 
murder, assault with a dangerous weapon, assault resulting in serious 
bodily injury (as defined in section 1365 of this title), an assault 
against an individual who has not attained the age of 16 years, arson, 
burglary, robbery, and a felony under section 661 of this title within 
the Indian country, shall be subject to the same law and penalties as 
all other persons committing any of the above offenses, within the 
exclusive jurisdiction of the United States.
  ``(b) Definition of Certain Offenses.--Any offense referred to in 
subsection (a) of this section that is not defined and punished by 
Federal law in force within the exclusive jurisdiction of the United 
States shall be defined and punished in accordance with the laws of the 
State in which such offense was committed as are in force at the time 
of such offense.

``Sec. 874. State jurisdiction over offenses committed by or against 
                    Indians in the Indian country

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

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

  ``(b) Non-Criminal Matters Not Affected.--Nothing in this section--
          ``(1) authorizes the alienation, encumbrance, or taxation of 
        any real or personal property, including water rights, 
        belonging to any Indian or any Indian tribe, band, or community 
        that is held in trust by the United States or is subject to a 
        restriction against alienation imposed by the United States;
          ``(2) authorizes regulation of the use of such property in a 
        manner inconsistent with any Federal treaty, agreement, or 
        statute or with any regulation made pursuant thereto; or
          ``(3) deprives any Indian or any Indian tribe, band, or 
        community of any right, privilege, or immunity afforded under 
        Federal treaty, agreement, or statute with respect to hunting, 
        trapping, or fishing or the control, licensing, or regulation 
        thereof.
  ``(c) Nonapplication.--Sections 872 and 873 do not apply within the 
areas of Indian country listed in subsection (a) as areas over which a 
State has exclusive jurisdiction.

``Sec. 875. Embezzlement and theft from Indian tribal organizations

  ``(a) Offense.--Whoever embezzles, steals, unlawfully converts, 
knowingly misapplies, or knowingly permits to be misapplied, any of the 
property belonging to any Indian tribal organization or entrusted to 
the custody or care of any officer, employee, or agent of an Indian 
tribal organization shall be imprisoned not more than five years; but 
if the value of such property does not exceed the sum of $1,000, shall 
be imprisoned not more than one year.
  ``(b) Definition.--As used in this section, the term `Indian tribal 
organization' means any tribe, band, or community of Indians which is 
subject to the laws of the United States relating to Indian affairs or 
any corporation, association, or group which is organized under any of 
such laws.

``Sec. 876. Theft from gaming establishments on Indian lands

  ``Whoever abstracts, purloins, knowingly misapplies, or takes and 
carries away with intent to steal, any money, funds, or other property 
belonging to a gaming establishment operated by or for or licensed by 
an Indian tribe pursuant to an ordinance or resolution approved by the 
National Indian Gaming Commission shall be imprisoned for not more than 
ten years, but if the value of such property does not exceed $1,000, 
shall be imprisoned not more than one year.

``Sec. 877. Theft by officers or employees of gaming establishments on 
                    Indian lands

  ``Whoever, being an officer, employee, or individual licensee of a 
gaming establishment operated by or for or licensed by an Indian tribe 
pursuant to an ordinance or resolution approved by the National Indian 
Gaming Commission, embezzles, abstracts, purloins, knowingly 
misapplies, or takes and carries away with intent to steal, any moneys, 
funds, assets, or other property of such establishment shall be 
imprisoned for not more than 20 years, but if the value of such 
property is $1,000 or less shall be imprisoned not more than five 
years.

``Sec. 878. Reporting of child abuse

  ``(a) Basic Reporting Offense.--Whoever--
          ``(1) is a--
                  ``(A) physician, surgeon, dentist, podiatrist, 
                chiropractor, nurse, dental hygienist, optometrist, 
                medical examiner, emergency medical technician, 
                paramedic, or health care provider,
                  ``(B) teacher, school counselor, instructional aide, 
                teacher's aide, teacher's assistant, or bus driver 
                employed by any tribal, Federal, public or private 
                school,
                  ``(C) administrative officer, supervisor of child 
                welfare and attendance, or truancy officer of any 
                tribal, Federal, public or private school,
                  ``(D) child day care worker, headstart teacher, 
                public assistance worker, worker in a group home or 
                residential or day care facility, or social worker,
                  ``(E) psychiatrist, psychologist, or psychological 
                assistant,
                  ``(F) licensed or unlicensed marriage, family, or 
                child counselor,
                  ``(G) person employed in the mental health 
                profession, or
                  ``(H) law enforcement officer, probation officer, 
                worker in a juvenile rehabilitation or detention 
                facility, or person employed in a public agency who is 
                responsible for enforcing statutes and judicial orders;
          ``(2) knows, or has reasonable suspicion, that--
                  ``(A) a child was abused in Indian country, or
                  ``(B) actions are being taken, or are going to be 
                taken, that would reasonably be expected to result in 
                abuse of a child in Indian country; and
          ``(3) fails to immediately report such abuse or actions 
        described in paragraph (2) to the local child protective 
        services agency or local law enforcement agency,
shall be imprisoned for not more than 6 months.
  ``(b) Offense by Supervisors.--Whoever--
          ``(1) supervises, or has authority over, a person described 
        in subsection (a)(1), and
          ``(2) inhibits or prevents that person from making the report 
        described in subsection (a),
shall be imprisoned for not more than 6 months.
  ``(c) Definitions.--As used in this section--
          ``(1) the term `abuse' includes--
                  ``(A) any case in which--
                          ``(i) a child is dead or exhibits evidence of 
                        skin bruising, bleeding, malnutrition, failure 
                        to thrive, burns, fracture of any bone, 
                        subdural hematoma, soft tissue swelling, and
                          ``(ii) such condition is not justifiably 
                        explained or may not be the product of an 
                        accidental occurrence; and
                  ``(B) any case in which a child is subjected to 
                sexual assault, sexual molestation, sexual 
                exploitation, sexual contact, or prostitution;
          ``(2) the term `child' means an individual who--
                  ``(A) is not married, and
                  ``(B) has not attained 18 years of age;
          ``(3) the term `local child protective services agency' means 
        that agency of the Federal Government, of a State, or of an 
        Indian tribe that has the primary responsibility for child 
        protection on any Indian reservation or within any community in 
        Indian country; and
          ``(4) the term `local law enforcement agency' means that 
        Federal, tribal, or State law enforcement agency that has the 
        primary responsibility for the investigation of an instance of 
        alleged child abuse within the portion of Indian country 
        involved.
  ``(d) Immunity From Civil or Criminal Liability for Reporting.--Any 
person making a report described in subsection (a) which is based upon 
their reasonable belief and which is made in good faith shall be immune 
from civil or criminal liability for making that report.

``Sec. 879. Illegal trafficking in Native American human remains and 
                    cultural items

  ``(a) Human Remains.--Whoever knowingly sells, purchases, uses for 
profit, or transports for sale or profit, the human remains of a Native 
American without the right of possession to those remains as provided 
in the Native American Graves Protection and Repatriation Act shall be 
imprisoned not more than 12 months, and in the case of a second or 
subsequent violation, be imprisoned not more than 5 years.
  ``(b) Cultural Items.--Whoever knowingly sells, purchases, uses for 
profit, or transports for sale or profit any Native American cultural 
items obtained in violation of the Native American Grave Protection and 
Repatriation Act shall be imprisoned not more than one year, and in the 
case of a second or subsequent violation, be imprisoned not more than 5 
years.

                       ``SUBCHAPTER D--BANKRUPTCY

``Sec.
``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.  Designation of United States attorneys and agents of the Federal 
          Bureau of Investigation to address abusive reaffirmations of 
          debt and materially fraudulent statements in bankruptcy 
          schedules.
``887.  Definition.

``Sec. 881. Concealment of assets; false oaths and claims; bribery

  ``Whoever--
          ``(1) knowingly conceals from a custodian, trustee, marshal, 
        or other officer of the court charged with the control or 
        custody of property, or, in connection with a case under title 
        11, from creditors or the United States Trustee, any property 
        belonging to the estate of a debtor;
          ``(2) knowingly makes a false oath or account in or in 
        relation to any case under title 11;
          ``(3) knowingly makes a false declaration, certificate, 
        verification, or statement under penalty of perjury as 
        permitted under section 1746 of title 28, in or in relation to 
        any case under title 11;
          ``(4) knowingly presents any false claim for proof against 
        the estate of a debtor, or uses any such claim in any case 
        under title 11, in a personal capacity or as or through an 
        agent, proxy, or attorney;
          ``(5) knowingly receives any material amount of property from 
        a debtor after the filing of a case under title 11, with intent 
        to defeat the provisions of title 11;
          ``(6) knowingly and corruptly gives, offers, receives, or 
        attempts to obtain any money or property, remuneration, 
        compensation, reward, advantage, or promise thereof for acting 
        or forbearing to act in any case under title 11;
          ``(7) in a personal capacity or as an agent or officer of any 
        person or corporation, in contemplation of a case under title 
        11 by or against the person or any other person or corporation, 
        or with intent to defeat the provisions of title 11, knowingly 
        transfers or conceals any of his property or the property of 
        such other person or corporation;
          ``(8) after the filing of a case under title 11 or in 
        contemplation thereof, knowingly conceals, destroys, mutilates, 
        falsifies, or makes a false entry in any recorded information 
        (including books, documents, records, and papers) relating to 
        the property or financial affairs of a debtor; or
          ``(9) after the filing of a case under title 11, knowingly 
        withholds from a custodian, trustee, marshal, or other officer 
        of the court or a United States Trustee entitled to its 
        possession, any recorded information (including books, 
        documents, records, and papers) relating to the property or 
        financial affairs of a debtor,
shall be imprisoned not more than 5 years.

``Sec. 882. Embezzlement against estate

  ``(a) Offense.--Whoever, being described in subsection (b), knowingly 
and unlawfully appropriates to the person's own use, embezzles, spends, 
or transfers any property or secretes or destroys any document 
belonging to the estate of a debtor shall be imprisoned not more than 5 
years.
  ``(b) Person to Whom Section Applies.--A person described in this 
subsection is one who has access to property or documents belonging to 
an estate by virtue of the person's participation in the administration 
of the estate as a trustee, custodian, marshal, attorney, or other 
officer of the court or as an agent, employee, or other person engaged 
by such an officer to perform a service with respect to the estate.

``Sec. 883. Adverse interest and conduct of officers

  ``Whoever, being a custodian, trustee, marshal, or other officer of 
the court--
          ``(1) knowingly purchases any property of the estate of which 
        the person is such an officer in a case under title 11;
          ``(2) knowingly refuses to permit a reasonable opportunity 
        for the inspection by parties in interest of the documents and 
        accounts relating to the affairs of estates in the person's 
        charge by parties when directed by the court to do so; or
          ``(3) knowingly refuses to permit a reasonable opportunity 
        for the inspection by the United States Trustee of the 
        documents and accounts relating to the affairs of an estate in 
        the person's charge,
shall be fined under this title and shall forfeit the person's office, 
which shall thereupon become vacant.

``Sec. 884. Fee agreements in cases under title 11 and receiverships

  ``Whoever, being a party in interest, whether as a debtor, creditor, 
receiver, trustee or representative of any of them, or attorney for any 
such party in interest, in any receivership or case under title 11 in 
any United States court or under its supervision, knowingly and 
corruptly enters into any agreement, express or implied, with another 
such party in interest or attorney for another such party in interest, 
for the purpose of fixing the fees or other compensation to be paid to 
any party in interest or to any attorney for any party in interest for 
services rendered in connection therewith, from the assets of the 
estate, shall be imprisoned not more than one year.

``Sec. 885. Bankruptcy fraud

  ``Whoever for the purpose of executing or concealing a scheme or 
artifice to defraud--
          ``(1) files a petition under title 11, including a fraudulent 
        involuntary bankruptcy petition under section 303 of such 
        title;
          ``(2) files a document in a proceeding under title 11; or
          ``(3) makes a false or fraudulent representation, claim, or 
        promise concerning or in relation to a proceeding under title 
        11, at any time before or after the filing of the petition, or 
        in relation to a proceeding falsely asserted to be pending 
        under such title,
shall be imprisoned not more than 5 years.

``Sec. 886. Designation of United States attorneys and agents of the 
                    Federal Bureau of Investigation to address abusive 
                    reaffirmations of debt and materially fraudulent 
                    statements in bankruptcy schedules

  ``(a) In General.--The Attorney General of the United States shall 
designate the individuals described in subsection (b) to have primary 
responsibility in carrying out enforcement activities in addressing 
violations of section 871 or 875 relating to abusive reaffirmations of 
debt. In addition to addressing the violations referred to in the 
preceding sentence, the individuals described under subsection (b) 
shall address violations of section 871 or 875 relating to materially 
fraudulent statements in bankruptcy schedules that are intentionally 
false or intentionally misleading.
  ``(b) United States Attorneys and Agents of the Federal Bureau of 
Investigation.--The individuals referred to in subsection (a) are--
          ``(1) the United States attorney for each judicial district 
        of the United States; and
          ``(2) an agent of the Federal Bureau of Investigation for 
        each field office of the Federal Bureau of Investigation.
  ``(c) Bankruptcy Investigations.--Each United States attorney 
designated under this section shall, in addition to any other 
responsibilities, have primary responsibility for carrying out the 
duties of a United States attorney under section 3057.
  ``(d) Bankruptcy Procedures.--The bankruptcy courts shall establish 
procedures for referring any case that may contain a materially 
fraudulent statement in a bankruptcy schedule to the individuals 
designated under this section.

``Sec. 887. Definition

  ``As used in this subchapter, the term `debtor' means a debtor 
concerning whom a petition has been filed under title 11.

                      ``SUBCHAPTER E--CIVIL RIGHTS

``Sec.
``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.

``Sec. 891. Conspiracy against rights

  ``If two or more persons--
          ``(1) conspire to injure, oppress, threaten, or intimidate 
        any person in any State in the free exercise or enjoyment of 
        any right or privilege secured to that person by the 
        Constitution or laws of the United States, or because of that 
        person's having so exercised the same; or
          ``(2) go in disguise on the highway, or on the premises of 
        another, with intent to prevent or hinder that other's free 
        exercise or enjoyment of any right or privilege so secured;
each shall be imprisoned not more than ten years; and if death results 
from the acts committed in violation of this section or if such acts 
include kidnapping or an attempt to kidnap, aggravated sexual abuse or 
an attempt to commit aggravated sexual abuse, or an attempt to kill, 
each shall be imprisoned for any term of years or for life, or may be 
sentenced to death.

``Sec. 892. Deprivation of rights under color of law

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

``Sec. 893. Exclusion of jurors on account of race or color

  ``No citizen possessing all other qualifications which are or may be 
prescribed by law shall be disqualified for service as grand or petit 
juror in any court of the United States, or of any State on account of 
race, color, or previous condition of servitude; and whoever, being an 
officer or other person charged with any duty in the selection or 
summoning of jurors, excludes or fails to summon any citizen for such 
cause, shall be fined not more than $5,000.

``Sec. 894. Discrimination against person wearing uniform of armed 
                    forces

  ``Whoever, being a proprietor, manager, or employee of a theater or 
other public place of entertainment or amusement in the District of 
Columbia, or in any territory, or possession of the United States, 
causes any person wearing the uniform of any of the armed forces of the 
United States to be discriminated against because of that uniform, 
shall be fined under this title.

``Sec. 895. Federally protected activities

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

``Sec. 896. Deprivation of relief benefits

  ``Whoever directly or indirectly deprives, attempts to deprive, or 
threatens to deprive any person of any employment, position, work, 
compensation, or other benefit provided for or made possible in whole 
or in part by any Act of Congress appropriating funds for work relief 
or relief purposes, on account of political affiliation, race, color, 
sex, religion, or national origin, shall be imprisoned not more than 
one year.

``Sec. 897. Damage to religious property; obstruction of persons in the 
                    free exercise of religious beliefs

  ``(a) Religious Property Offense Relating to Religious Character.--
Whoever, in or affecting interstate or foreign commerce--
          ``(1) knowingly defaces, damages, or destroys any religious 
        real property, because of the religious character of that 
        property; or
          ``(2) knowingly obstructs, by force or threat of force, any 
        person in the enjoyment of that person's free exercise of 
        religious beliefs;
shall be punished as provided in subsection (c).
  ``(b) Property Offense Motivated by Racial and Other 
Characteristics.--Whoever knowingly defaces, damages, or destroys any 
religious real property because of the race, color, or ethnic 
characteristics of any individual associated with that religious 
property, shall be punished as provided in subsection (c).
  ``(c) Punishment.--The punishment for a violation of subsection (a) 
is--
          ``(1) if death results from acts committed in violation of 
        this section or if such acts include kidnapping or an attempt 
        to kidnap, aggravated sexual abuse or an attempt to commit 
        aggravated sexual abuse, or an attempt to kill, imprisonment 
        for any term of years or for life, or death;
          ``(2) if bodily injury results to any person, including any 
        public safety officer performing duties as a direct or 
        proximate result of conduct prohibited by this section, and the 
        violation is by means of fire or an explosive, or imprisonment 
        for more that 40 years;
          ``(3) if bodily injury to any person, including any public 
        safety officer performing duties as a direct or proximate 
        result of conduct prohibited by this section, results from the 
        acts committed in violation of this section or if such acts 
        include the use, attempted use, or threatened use of a 
        dangerous weapon, explosives, or fire, imprisonment for not 
        more than 20 years; and
          ``(4) in any other case, imprisonment for not more than one 
        year.
  ``(d) Certification.--No prosecution of any offense described in this 
section shall be undertaken by the United States except upon the 
certification in writing of the Attorney General or his designee that 
in his judgment a prosecution by the United States is in the public 
interest and necessary to secure substantial justice.
  ``(e) Definition.--As used in this section, the term `religious real 
property' means any church, synagogue, mosque, religious cemetery, or 
other religious real property, including fixtures or religious objects 
contained within a place of religious worship.
  ``(f) Limitation.--No person shall be prosecuted, tried, or punished 
for any noncapital offense under this section unless the indictment is 
found or the information is instituted not later than 7 years after the 
date on which the offense was committed.

``Sec. 898. Freedom of access to clinic entrances

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

``Sec. 899. Voting Rights Act violations

  ``(a) Whoever deprives any person of any right secured by section 2, 
3, 4, 5, 7, or 10 of the Voting Rights Act of 1965 or violates section 
11(a) of such Act, shall be imprisoned not more than five years.
  ``(b) Whoever, within a year following an election in a political 
subdivision in which an examiner has been appointed under the Voting 
Rights Act of 1965--
          ``(1) destroys, defaces, mutilates, or otherwise alters the 
        marking of a paper ballot which has been cast in such election; 
        or
          ``(2) alters any official record of voting in such election 
        tabulated from a voting machine or otherwise;
shall be imprisoned not more than five years.
  ``(c) Whoever conspires to violate subsection (a) or (b) of section 
12 of the Voting Rights Act of 1965, or interferes with any right 
secured by section 2, 3, 4, 5, 7, 10, or 11(a) of such Act shall be 
imprisoned not more than five years.

``Sec. 900. Prevention of intimidation in fair housing cases

  ``Whoever by force or threat of force willfully injures, intimidates 
or interferes with--
          ``(1) any person because of that person's race, color, 
        religion, sex, handicap (as such term is defined in section 802 
        of the Fair Housing Act), familial status (as such term is 
        defined in section 802 of that Act), or national origin and 
        because that person is or has been selling, purchasing, 
        renting, financing, occupying, or contracting or negotiating 
        for the sale, purchase, rental, financing or occupation of any 
        dwelling, or applying for or participating in any service, 
        organization, or facility relating to the business of selling 
        or renting dwellings; or
          ``(2) any person because that person is or has been, or in 
        order to intimidate such person or any other person or any 
        class of persons from--
                  ``(A) participating, without discrimination on 
                account of race, color, religion, sex, handicap (as 
                such term is defined in section 802 of the Fair Housing 
                Act), familial status (as such term is defined in 
                section 802 of that Act), or national origin, in any of 
                the activities, services, organizations or facilities 
                described in section 901(a) of that Act;
                  ``(B) affording another person or class of persons 
                opportunity or protection so to participate; or
                  ``(C) any citizen because that citizen is or has 
                been, or in order to discourage such citizen or any 
                other citizen from lawfully aiding or encouraging other 
                persons to participate, without discrimination on 
                account of race, color, religion, sex, handicap (as 
                such term is defined in section 802 of the Fair Housing 
                Act), familial status (as such term is defined in 
                section 802 of that Act), or national origin, in any of 
                the activities, services, organizations or facilities 
                described in subsection 901(a), or participating 
                lawfully in speech or peaceful assembly opposing any 
                denial of the opportunity to so participate;
shall be imprisoned not more than one year; and if bodily injury 
results from the acts committed in violation of this section or if such 
acts include the use, attempted use, or threatened use of a dangerous 
weapon, explosives, or fire shall be imprisoned not more than ten 
years; and if death results from the acts committed in violation of 
this section or if such acts include kidnapping or an attempt to 
kidnap, aggravated sexual abuse or an attempt to commit aggravated 
sexual abuse, or an attempt to kill, shall be imprisoned for any term 
of years or for life.

                   ``SUBCHAPTER F--FOREIGN RELATIONS

``Sec.
``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.

``Sec. 921. Agents of foreign governments

  ``(a) Offense.--Whoever, other than a diplomatic or consular officer 
or attache, acts in the United States as an agent of a foreign 
government without prior notification to the Attorney General if 
required in subsection (b), shall be imprisoned not more than ten 
years.
  ``(b) Rules and Regulations.--The Attorney General shall promulgate 
rules and regulations establishing requirements for notification.
  ``(c) Transmission.--The Attorney General shall, upon receipt, 
promptly transmit one copy of each notification statement filed under 
this section to the Secretary of State for such comment and use as the 
Secretary of State may determine to be appropriate from the point of 
view of the foreign relations of the United States. Failure of the 
Attorney General to do so shall not be a bar to prosecution under this 
section.
  ``(d) Definition.--As used in this section, the term `agent of a 
foreign government' means an individual who agrees to operate within 
the United States subject to the direction or control of a foreign 
government or official, except that such term does not include--
          ``(1) a duly accredited diplomatic or consular officer of a 
        foreign government, who is so recognized by the Department of 
        State;
          ``(2) any officially and publicly acknowledged and sponsored 
        official or representative of a foreign government;
          ``(3) any officially and publicly acknowledged and sponsored 
        member of the staff of, or employee of, an officer, official, 
        or representative described in paragraph (1) or (2), who is not 
        a United States citizen; or
          ``(4) any person engaged in a legal commercial transaction.
  ``(e) Additional Basis for Determining Agency.--Notwithstanding 
subsection (d)(4), any person engaged in a legal commercial transaction 
shall be considered to be an agent of a foreign government for purposes 
of this section if--
          ``(1) such person agrees to operate within the United States 
        subject to the direction or control of a foreign government or 
        official; and
          ``(2) such person--
                  ``(A) is an agent of Cuba or any other country that 
                the President determines (and so reports to the 
                Congress) poses a threat to the national security 
                interest of the United States for purposes of this 
                section, unless the Attorney General, after 
                consultation with the Secretary of State, determines 
                and so reports to the Congress that the national 
                security or foreign policy interests of the United 
                States require that the provisions of this section do 
                not apply in specific circumstances to agents of such 
                country; or
                  ``(B) has been convicted of, or has entered a plea of 
                nolo contendere with respect to, any offense under 
                section 301 through 303, 601, or 261 of this title or 
                under section 11 of the Export Administration Act of 
                1979, except that the provisions of this subsection 
                shall not apply to a person described in this clause 
                for a period of more than five years beginning on the 
                date of the conviction or the date of entry of the plea 
                of nolo contendere, as the case may be.

``Sec. 922. Diplomatic codes and correspondence

  ``Whoever, by virtue of his employment by the United States, obtains 
from another or has or has had custody of or access to, any official 
diplomatic code or any matter prepared in any such code, or which 
purports to have been prepared in any such code, and without 
authorization or competent authority, knowingly publishes or furnishes 
to another any such code or matter, or any matter which was obtained 
while in the process of transmission between any foreign government and 
its diplomatic mission in the United States, shall be or imprisoned not 
more than ten years.

``Sec. 923. False statements influencing foreign government

  ``Whoever, in relation to any dispute or controversy between a 
foreign government and the United States, knowingly makes any untrue 
statement, either orally or in writing, under oath before any person 
authorized and empowered to administer oaths, which the affiant has 
knowledge or reason to believe will, or may be used to influence the 
measures or conduct of any foreign government, or of any officer or 
agent of any foreign government, to the injury of the United States, or 
with a view or intent to influence any measure of or action by the 
United States or any department or agency thereof, to the injury of the 
United States, shall be imprisoned not more than ten years.

``Sec. 924. Conspiracy to kill, kidnap, maim, or injure persons or 
                    damage property in a foreign country

  ``(a) Offense Against Persons.--
          ``(1) Elements.--Whoever, within the jurisdiction of the 
        United States, conspires with one or more other persons, 
        regardless of where such other person or persons are located, 
        to commit at any place outside the United States an act that 
        would constitute the offense of murder, kidnapping, or maiming 
        if committed in the special maritime and territorial 
        jurisdiction of the United States shall, if any of the 
        conspirators commits an act within the jurisdiction of the 
        United States to effect any object of the conspiracy, be 
        punished as provided in paragraph (2).
  ``(2) Punishment.--The punishment for an offense under paragraph (1) 
is--
          ``(A) imprisonment for any term of years or for life if the 
        offense is conspiracy to murder or kidnap; and
          ``(B) imprisonment for not more than 35 years if the offense 
        is conspiracy to maim.
  ``(b) Offense Against Property.--Whoever, within the jurisdiction of 
the United States, conspires with one or more persons, regardless of 
where such other person or persons are located, to damage or destroy 
specific property situated within a foreign country and belonging to a 
foreign government or to any political subdivision thereof with which 
the United States is at peace, or any railroad, canal, bridge, airport, 
airfield, or other public utility, public conveyance, or public 
structure, or any religious, educational, or cultural property so 
situated, shall, if any of the conspirators commits an act within the 
jurisdiction of the United States to effect any object of the 
conspiracy, be imprisoned not more than 25 years.

``Sec. 925. Enlistment in foreign service

  ``(a) Offense.--Whoever, within the United States, enlists or enters 
himself, or hires or retains another to enlist or enter himself, or to 
go beyond the jurisdiction of the United States with intent to be 
enlisted or entered in the service of any foreign prince, state, 
colony, district, or people as a soldier or as a marine or seaman on 
board any vessel of war, letter of marque, or privateer, shall be 
imprisoned not more than three years.
  ``(b) Exclusions.--
          ``(1) This section does not apply to citizens or subjects of 
        any country engaged in war with a country with which the United 
        States is at war, unless such citizen or subject of such 
        foreign country shall hire or solicit a citizen of the United 
        States to enlist or go beyond the jurisdiction of the United 
        States with intent to enlist or enter the service of a foreign 
        country. Enlistments under this subsection shall be under 
        regulations prescribed by the Secretary of the Army.
          ``(2) This section and sections 957 and 958 do not apply to 
        any subject or citizen of any foreign prince, state, colony, 
        district, or people who is transiently within the United States 
        and enlists or enters himself on board any vessel of war, 
        letter of marque, or privateer, which at the time of its 
        arrival within the United States was fitted and equipped as 
        such, or hires or retains another subject or citizen of the 
        same foreign prince, state, colony, district, or people who is 
        transiently within the United States to enlist or enter himself 
        to serve such foreign prince, state, colony, district, or 
        people on board such vessel of war, letter of marque, or 
        privateer, if the United States shall then be at peace with 
        such foreign prince, state, colony, district, or people.

``Sec. 926. Expedition against friendly nation

  ``Whoever, within the United States, knowingly begins or sets on foot 
or provides or prepares a means for or furnishes the money for, or 
takes part in, any military or naval expedition or enterprise to be 
carried on from thence against the territory or dominion of any foreign 
prince or state, or of any colony, district, or people with whom the 
United States is at peace, shall be imprisoned not more than three 
years.

``Sec. 927. Detention of armed vessel

  ``(a) Authority of President.--During a war in which the United 
States is a neutral nation, the President, or any person authorized by 
him, may detain any armed vessel owned wholly or in part by citizens of 
the United States, or any vessel, domestic or foreign (other than one 
which has entered the ports of the United States as a public vessel), 
which is manifestly built for warlike purposes or has been converted or 
adapted from a private vessel to one suitable for warlike use, until 
the owner or master, or person having charge of such vessel, shall 
furnish proof satisfactory to the President, or to the person duly 
authorized by him, that the vessel will not be employed to cruise 
against or commit or attempt to commit hostilities upon the subjects, 
citizens, or property of any foreign prince or state, or of any colony, 
district, or people with which the United States is at peace, and that 
the said vessel will not be sold or delivered to any belligerent 
nation, or to an agent, officer, or citizen of such nation, by them or 
any of them, within the jurisdiction of the United States, or upon the 
high seas.
  ``(b) Offense.--Whoever, in violation of this section takes, or 
attempts to take, or authorizes the taking of any such vessel, out of 
port or from the United States, shall be imprisoned not more than ten 
years.
  ``(c) Forfeiture.--In addition, such vessel, her tackle, apparel, 
furniture, equipment, and her cargo shall be forfeited to the United 
States.

``Sec. 928. Protection of property occupied by foreign governments

  ``(a) Property Offense.--Whoever knowingly injures, damages, or 
destroys, or attempts to injure, damage, or destroy, any property, real 
or personal, located within the United States and belonging to or 
utilized or occupied by any foreign government or international 
organization, by a foreign official or official guest, shall be 
imprisoned not more than five years.
  ``(b) Threat and Harassment Offense.--Whoever, knowingly with intent 
to intimidate, coerce, threaten, or harass--
          ``(1) forcibly thrusts any part of himself or any object 
        within or upon that portion of any building or premises located 
        within the United States, which portion is used or occupied for 
        official business or for diplomatic, consular, or residential 
        purposes by--
                  ``(A) a foreign government, including such use as a 
                mission to an international organization;
                  ``(B) an international organization;
                  ``(C) a foreign official; or
                  ``(D) an official guest; or
          ``(2) refuses to depart from such portion of such building or 
        premises after a request--
                  ``(A) by an employee of a foreign government or of an 
                international organization, if such employee is 
                authorized to make such request by the senior official 
                of the unit of such government or organization which 
                occupies such portion of such building or premises;
                  ``(B) by a foreign official or any member of the 
                foreign official's staff who is authorized by the 
                foreign official to make such request;
                  ``(C) by an official guest or any member of the 
                official guest's staff who is authorized by the 
                official guest to make such request; or
                  ``(D) by any person present having law enforcement 
                powers;
shall be imprisoned not more than six months.
  ``(c) Definitions.--For the purpose of this section `foreign 
government', `foreign official', `international organization', and 
`official guest' shall have the same meanings as those provided in 
section 136.

                     ``SUBCHAPTER G--POSTAL SERVICE

``Sec.
``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.
``951.  Franking privilege.

``Sec. 941. Obstruction of mails generally

  ``Whoever knowingly obstructs the passage of the mail, or any carrier 
or conveyance carrying the mail, shall be imprisoned not more than six 
months.

``Sec. 942. Obstruction of correspondence

  ``Whoever takes any letter, postal card, or package out of any post 
office or any authorized depository for mail matter, or from any letter 
or mail carrier, or which has been in any post office or authorized 
depository, or in the custody of any letter or mail carrier, before it 
has been delivered to the person to whom it was directed, with intent 
to obstruct the correspondence, or to pry into the business or secrets 
of another, or opens, secretes, embezzles, or destroys the same, shall 
be imprisoned not more than five years.

``Sec. 943. Delay or destruction of mail or newspapers

  ``(a) Mail Matter.--Whoever, being a Postal Service officer or 
employee, unlawfully secretes, destroys, detains, delays, or opens any 
letter, postal card, package, bag, or mail entrusted to that officer or 
employee or which shall come into his or her possession, and which was 
intended to be conveyed by mail, or carried or delivered by any carrier 
or other employee of the Postal Service, or forwarded through or 
delivered from any post office or station thereof established by 
authority of the Postmaster General or the Postal Service, shall be 
imprisoned not more than five years.
  ``(b) Newspaper.--Whoever, being a Postal Service officer or 
employee, improperly detains, delays, or destroys any newspaper, or 
permits any other person to detain, delay, or destroy the same, or 
opens, or permits any other person to open, any mail or package of 
newspapers not directed to the office where he is employed; or Whoever, 
without authority, opens, or destroys any mail or package of newspapers 
not directed to him, shall be imprisoned not more than one year.

``Sec. 944. Keys or locks stolen or reproduced

  ``Whoever--
          ``(1) steals, purloins, embezzles, or obtains by false 
        pretense any key suited to any lock adopted by the Post Office 
        Department or the Postal Service and in use on any of the mails 
        or bags thereof, or any key to any lock box, lock drawer, or 
        other authorized receptacle for the deposit or delivery of mail 
        matter;
          ``(2) knowingly and unlawfully makes, forges, or counterfeits 
        any such key, or possesses any such mail lock or key with the 
        intent unlawfully or improperly to use, sell, or otherwise 
        dispose of the same, or to cause the same to be unlawfully or 
        improperly used, sold, or otherwise disposed of; or
          ``(3) being engaged as a contractor or otherwise in the 
        manufacture of any such mail lock or key, delivers any finished 
        or unfinished lock or the interior part thereof, or key, used 
        or designed for use by the department, to any person not duly 
        authorized under the hand of the Postmaster General and the 
        seal of the Post Office Department or the Postal Service, to 
        receive the same, unless the person receiving it is the 
        contractor for furnishing the same or engaged in the 
        manufacture thereof in the manner authorized by the contract, 
        or the agent of such manufacturer;
shall be imprisoned not more than ten years.

``Sec. 945. Destruction of letter boxes or mail

  ``Whoever knowingly injures, tears down or destroys any letter box or 
other receptacle intended or used for the receipt or delivery of mail 
on any mail route, or breaks open the same or knowingly injures, 
defaces or destroys any mail deposited therein, shall be imprisoned not 
more than three years.

``Sec. 946. Theft of property used by Postal Service

  ``Whoever steals, purloins, or embezzles any property used by the 
Postal Service, or appropriates any such property to any other than its 
proper use, or conveys away any such property to the hindrance or 
detriment of the public service, shall be imprisoned not more than 
three years, but if the value of such property does not exceed $1,000, 
the offender shall be imprisoned not more than one year.

``Sec. 947. Theft or receipt of stolen mail matter generally

  ``Whoever--
          ``(1) steals, takes, or abstracts, or by fraud or deception 
        obtains, or attempts so to obtain, from or out of any mail, 
        post office, or station thereof, letter box, mail receptacle, 
        or any mail route or other authorized depository for mail 
        matter, or from a letter or mail carrier, any letter, postal 
        card, package, bag, or mail, or abstracts or removes from any 
        such letter, package, bag, or mail, any article or thing 
        contained therein, or secretes, embezzles, or destroys any such 
        letter, postal card, package, bag, or mail, or any article or 
        thing contained therein;
          ``(2) steals, takes, or abstracts, or by fraud or deception 
        obtains any letter, postal card, package, bag, or mail, or any 
        article or thing contained therein which has been left for 
        collection upon or adjacent to a collection box or other 
        authorized depository of mail matter; or
          ``(3) buys, receives, or conceals, or unlawfully has in his 
        possession, any letter, postal card, package, bag, or mail, or 
        any article or thing contained therein, which has been so 
        stolen, taken, embezzled, or abstracted, as herein described, 
        knowing the same to have been stolen, taken, embezzled, or 
        abstracted;
shall be imprisoned not more than five years.

``Sec. 948. Theft of mail matter by officer or employee

  ``Whoever, being a Postal Service officer or employee, embezzles any 
letter, postal card, package, bag, or mail, or any article or thing 
contained therein entrusted to him or which comes into his possession 
intended to be conveyed by mail, or carried or delivered by any 
carrier, messenger, agent, or other person employed in any department 
of the Postal Service, or forwarded through or delivered from any post 
office or station thereof established by authority of the Postmaster 
General or of the Postal Service; or steals, abstracts, or removes from 
any such letter, package, bag, or mail, any article or thing contained 
therein, shall be imprisoned not more than five years.

``Sec. 949. Misappropriation of postal funds

  ``(a) Offense.--Whoever, being a Postal Service officer or employee, 
loans, uses, pledges, hypothecates, or converts to his own use, or 
deposits in any bank, or exchanges for other funds or property, except 
as authorized by law, any money or property coming into his hands or 
under his control in any manner, in the execution or under color of his 
office, employment, or service, whether or not the same shall be the 
money or property of the United States; or fails or refuses to remit to 
or deposit in the Treasury of the United States or in a designated 
depository, or to account for or turn over to the proper officer or 
agent, any such money or property, when required to do so by law or the 
regulations of the Postal Service, or upon demand or order of the 
Postal Service, either directly or through a duly authorized officer or 
agent, is guilty of embezzlement; and every such person, as well as 
every other person advising or knowingly participating therein, shall 
be imprisoned not more than ten years; but if the amount or value 
thereof does not exceed $1,000, he shall be imprisoned not more than 
one year.
  ``(b) Exclusion.--This section does not prohibit any Postal Service 
officer or employee from depositing, under the direction of the Postal 
Service, in a national bank designated by the Secretary of the Treasury 
for that purpose, to his own credit as Postal Service officer or 
employee any funds in his charge, nor prevent his negotiating drafts or 
other evidences of debt through such bank, or through United States 
disbursing officers, or otherwise, when instructed or required so to do 
by the Postal Service, for the purpose of remitting surplus funds from 
one post office to another.

``Sec. 950. Injurious articles as nonmailable

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

``Sec. 951. Franking privilege

  ``Whoever makes use of any official envelope, label, or indorsement 
authorized by law, to avoid the payment of postage or registry fee on 
his private letter, packet, package, or other matter in the mail, shall 
be fined under this title.

 ``SUBCHAPTER H--SPECIAL MARITIME AND TERRITORIAL JURISDICTION OF THE 
                             UNITED STATES

``Sec.
``961.  Laws of States adopted for areas within Federal jurisdiction.

``Sec. 961. Laws of States adopted for areas within Federal 
                    jurisdiction

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

``CHAPTER 29--CRIMES RELATED TO PROTECTION OF GOVERNMENT FUNCTIONS AND 
                               INTEGRITY

``Subchapter
                                                                    Sec.
``A. Bribery, graft, and conflicts of interest....................   991

``B. Claims and services in matters affecting government..........  1017

``C. Contempts....................................................  1021

``D. Elections and political activities...........................  1031

``E. Emblems, insignia, and names.................................  1051

``F. Escape and rescue............................................  1071

``G. False personation............................................  1091

``H. Fugitives from justice.......................................  1101

``I. Obstruction of justice.......................................  1131

``J. Prisons......................................................  1161

``K. Public officers and employees................................  1171

``L. Records and reports..........................................  1181

``M. Searches and seizures........................................  1191

``N. Malicious mischief...........................................  1201

``O. Public lands.................................................  1211

``P. Restricted building or grounds...............................  1221

       ``SUBCHAPTER A--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

``Sec.
``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.  Acceptance of loan or gratuity by financial institution 
          examiner.
``1003.  Receipt of commissions or gifts for procuring loans.
``1004.  Penalties and injunctions.
``1005.  Voiding transactions in violation of chapter; 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.

``Sec. 991. Bribery of public officials and witnesses

  ``(a) Definitions.--As used in this section--
          ``(1) the term `public official' means Member of Congress, 
        Delegate, or Resident Commissioner, either before or after such 
        official has qualified, or an officer or employee or person 
        acting for or on behalf of the United States, or any 
        department, agency or branch of Government thereof, including 
        the District of Columbia, in any official function, under or by 
        authority of any such department, agency, or branch of 
        Government, or a juror;
          ``(2) the term `person who has been selected to be a public 
        official' means any person who has been nominated or appointed 
        to be a public official, or has been officially informed that 
        such person will be so nominated or appointed; and
          ``(3) the term `official act' means any decision or action on 
        any question, matter, cause, suit, proceeding or controversy, 
        which may at any time be pending, or which may by law be 
        brought before any public official, in such official's official 
        capacity, or in such official's place of trust or profit.
  ``(b) Bribery.--Whoever--
          ``(1) corruptly gives, offers or promises anything of value 
        to any public official or person who has been selected to be a 
        public official, or offers or promises any public official or 
        any person who has been selected to be a public official to 
        give anything of value to any other person or entity, with 
        intent--
                  ``(A) to influence any official act; or
                  ``(B) to influence such public official or person who 
                has been selected to be a public official to commit or 
                aid in committing, or collude in, or allow, any fraud, 
                or make opportunity for the commission of any fraud, on 
                the United States; or
                  ``(C) to induce such public official or such person 
                who has been selected to be a public official to do or 
                omit to do any act in violation of the lawful duty of 
                such official or person;
          ``(2) being a public official or person selected to be a 
        public official, corruptly demands, seeks, receives, accepts, 
        or agrees to receive or accept anything of value personally or 
        for any other person or entity, in return for--
                  ``(A) being influenced in the performance of any 
                official act;
                  ``(B) being influenced to commit or aid in 
                committing, or to collude in, or allow, any fraud, or 
                make opportunity for the commission of any fraud on the 
                United States; or
                  ``(C) being induced to do or omit to do any act in 
                violation of the official duty of such official or 
                person;
          ``(3) corruptly gives, offers, or promises anything of value 
        to any person, or offers or promises such person to give 
        anything of value to any other person or entity, with intent to 
        influence the testimony under oath or affirmation of such 
        first-mentioned person as a witness upon a trial, hearing, or 
        other proceeding, before any court, any committee of either 
        House or both Houses of Congress, or any agency, commission, or 
        officer authorized by the laws of the United States to hear 
        evidence or take testimony, or with intent to influence such 
        person to absent himself therefrom; or
          ``(4) corruptly demands, seeks, receives, accepts, or agrees 
        to receive or accept anything of value personally or for any 
        other person or entity in return for being influenced in 
        testimony under oath or affirmation as a witness upon any such 
        trial, hearing, or other proceeding, or in return for absenting 
        himself therefrom;
shall be imprisoned for not more than fifteen years and may be 
disqualified from holding any office of honor, trust, or profit under 
the United States.
  ``(c) Unlawful Rewards.--Whoever--
          ``(1) otherwise than as provided by law for the proper 
        discharge of official duty--
                  ``(A) gives, offers, or promises anything of value to 
                any public official, former public official, or person 
                selected to be a public official, for or because of any 
                official act performed or to be performed by such 
                public official, former public official, or person 
                selected to be a public official; or
                  ``(B) being a public official, former public 
                official, or person selected to be a public official, 
                otherwise than as provided by law for the proper 
                discharge of official duty, demands, seeks, receives, 
                accepts, or agrees to receive or accept anything of 
                value personally for or because of any official act 
                performed or to be performed by such official or 
                person;
          ``(2) gives, offers, or promises anything of value to any 
        person, for or because of the testimony under oath or 
        affirmation given or to be given by such person as a witness 
        upon a trial, hearing, or other proceeding, before any court, 
        any committee of either House or both Houses of Congress, or 
        any agency, commission, or officer authorized by the laws of 
        the United States to hear evidence or take testimony, or for or 
        because of such person's absence therefrom;
          ``(3) demands, seeks, receives, accepts, or agrees to receive 
        or accept anything of value personally for or because of the 
        testimony under oath or affirmation given or to be given by 
        such person as a witness upon any such trial, hearing, or other 
        proceeding, or for or because of such person's absence 
        therefrom;
shall be imprisoned for not more than two years.
  ``(d) Exclusion.--Paragraphs (3) and (4) of subsection (b) and 
paragraphs (2) and (3) of subsection (c) shall not be construed to 
prohibit the payment or receipt of witness fees provided by law, or the 
payment, by the party upon whose behalf a witness is called and receipt 
by a witness, of the reasonable cost of travel and subsistence incurred 
and the reasonable value of time lost in attendance at any such trial, 
hearing, or proceeding, or in the case of expert witnesses, a 
reasonable fee for time spent in the preparation of such opinion, and 
in appearing and testifying.

``Sec. 992. Definitions for certain sections

  ``(a) 993, 995, 997, 998, and 999.--For the purpose of sections 993, 
995, 997, 998, and 999 the term `special Government employee' means--
          ``(1) an officer or employee of the executive or legislative 
        branch of the United States Government, of any independent 
        agency of the United States or of the District of Columbia, who 
        is retained, designated, appointed, or employed to perform, 
        with or without compensation, for not to exceed one 130 during 
        any period of 365 consecutive days, temporary duties either on 
        a full-time or intermittent basis, a part-time United States 
        commissioner, a part-time United States magistrate judge, or, 
        regardless of the number of days of appointment, an independent 
        counsel appointed under chapter 40 of title 28 and any person 
        appointed by that independent counsel under section 594(c) of 
        title 28;
          ``(2) every person serving as a part-time local 
        representative of a Member of Congress in the Member's home 
        district or State; and
          ``(3) notwithstanding section 29(c) and (d) of the Act of 
        August 10, 1956 (70A Stat. 632; 5 U.S.C. 30r(c) and (d)), a 
        Reserve officer of the Armed Forces, or an officer of the 
        National Guard of the United States, unless otherwise an 
        officer or employee of the United States, while on active duty 
        solely for training;
except that a Reserve officer of the Armed Forces or an officer of the 
National Guard of the United States who is voluntarily serving a period 
of extended active duty in excess of 130 days shall be classified as an 
officer of the United States within the meaning of section 993 and 
sections 995 through 999 and 1005, and a Reserve officer of the Armed 
Forces or an officer of the National Guard of the United States who is 
serving involuntarily shall be classified as a special Government 
employee. The terms `officer or employee' and `special Government 
employee' as used in sections 993, 995, 997 through 999, and 1005, does 
not include enlisted members of the Armed Forces.
  ``(b) 995 and 997.--For the purposes of sections 995 and 997, the 
term `official responsibility' means the direct administrative or 
operating authority, whether intermediate or final, and either 
exercisable alone or with others, and either personally or through 
subordinates, to approve, disapprove, or otherwise direct Government 
action.
  ``(c) Exclusion from `Officer' and `Employee'.-- Except as otherwise 
provided in such sections, the terms `officer' and `employee' in 
sections 993, 995, 997 through 999, and 1005 does not include the 
President, the Vice President, a Member of Congress, or a Federal 
judge.
  ``(d) `Member of Congress'.--The term `Member of Congress' in 
sections 994 and 997 means--
          ``(1) a United States Senator; and
          ``(2) a Representative in, or a Delegate or Resident 
        Commissioner to, the House of Representatives.
  ``(e) Additional Definitions.--As used in this subchapter--
          ``(1) the term `executive branch' includes each executive 
        agency as defined in title 5, and any other entity or 
        administrative unit in the executive branch;
          ``(2) the term `judicial branch' means the Supreme Court of 
        the United States; the United States courts of appeals; the 
        United States district courts; the Court of International 
        Trade; the United States bankruptcy courts; any court created 
        pursuant to article I of the United States Constitution, 
        including the Court of Appeals for the Armed Forces, the United 
        States Court of Federal Claims, and the United States Tax 
        Court, but not including a court of a territory or possession 
        of the United States; the Federal Judicial Center; and any 
        other agency, office, or entity in the judicial branch; and
          ``(3) the term `legislative branch' means--
                  ``(A) the Congress; and
                  ``(B) the Office of the Architect of the Capitol, the 
                United States Botanic Garden, the Government 
                Accountability Office, the Government Printing Office, 
                the Library of Congress, the Office of Technology 
                Assessment, the Congressional Budget Office, the United 
                States Capitol Police, and any other agency, entity, 
                office, or commission established in the legislative 
                branch.

``Sec. 993. Compensation to Members of Congress, officers, and others 
                    in matters affecting the Government

  ``(a) Federal Matters.--Whoever, otherwise than as provided by law 
for the proper discharge of official duties--
          ``(1) demands, seeks, receives, accepts, or agrees to receive 
        or accept any compensation for any representational services, 
        as agent or attorney or otherwise, rendered or to be rendered 
        either personally or by another--
                  ``(A) at a time when such person is a Member of 
                Congress, Member of Congress Elect, Delegate, Delegate 
                Elect, Resident Commissioner, or Resident Commissioner 
                Elect; or
                  ``(B) at a time when such person is an officer or 
                employee or Federal judge of the United States in the 
                executive, legislative, or judicial branch of the 
                Government, or in any agency of the United States,
        in relation to any proceeding, application, request for a 
        ruling or other determination, contract, claim, controversy, 
        charge, accusation, arrest, or other particular matter in which 
        the United States is a party or has a direct and substantial 
        interest, before any department, agency, court, court-martial, 
        officer, or any civil, military, or naval commission; or
          ``(2) knowingly gives, promises, or offers any compensation 
        for any such representational services rendered or to be 
        rendered at a time when the person to whom the compensation is 
        given, promised, or offered, is or was such a Member, Member 
        Elect, Delegate, Delegate Elect, Commissioner, Commissioner 
        Elect, Federal judge, officer, or employee;
shall be subject to the penalties set forth in section 216 of this 
title.
  ``(b) District of Columbia.--Whoever, otherwise than as provided by 
law for the proper discharge of official duties--
          ``(1) demands, seeks, receives, accepts, or agrees to receive 
        or accept any compensation for any representational services, 
        as agent or attorney or otherwise, rendered or to be rendered 
        either personally or by another, at a time when such person is 
        an officer or employee of the District of Columbia, in relation 
        to any proceeding, application, request for a ruling or other 
        determination, contract, claim, controversy, charge, 
        accusation, arrest, or other particular matter in which the 
        District of Columbia is a party or has a direct and substantial 
        interest, before any department, agency, court, officer, or 
        commission; or
          ``(2) knowingly gives, promises, or offers any compensation 
        for any such representational services rendered or to be 
        rendered at a time when the person to whom the compensation is 
        given, promised, or offered, is or was an officer or employee 
        of the District of Columbia;
shall be subject to the penalties set forth in section 216 of this 
title.
  ``(c) Special Government Employees.--A special Government employee 
shall be subject to subsections (a) and (b) only in relation to a 
particular matter involving a specific party or parties--
          ``(1) in which such employee has at any time participated 
        personally and substantially as a Government employee or as a 
        special Government employee through decision, approval, 
        disapproval, recommendation, the rendering of advice, 
        investigation or otherwise; or
          ``(2) which is pending in the department or agency of the 
        Government in which such employee is serving except that 
        paragraph (2) of this subsection shall not apply in the case of 
        a special Government employee who has served in such department 
        or agency no more than sixty days during the immediately 
        preceding period of three hundred and sixty-five consecutive 
        days.
  ``(d) Exclusion.--Nothing in this section prevents an officer or 
employee, including a special Government employee, from acting, with or 
without compensation, as agent or attorney for or otherwise 
representing his parents, spouse, child, or any person for whom, or for 
any estate for which, he is serving as guardian, executor, 
administrator, trustee, or other personal fiduciary except--
          ``(1) in those matters in which he has participated 
        personally and substantially as a Government employee or as a 
        special Government employee through decision, approval, 
        disapproval, recommendation, the rendering of advice, 
        investigation, or otherwise; or
          ``(2) in those matters that are the subject of his official 
        responsibility,
subject to approval by the Government official responsible for 
appointment to his position.
  ``(e) Certification of National Interest.--Nothing in this section 
prevents a special Government employee from acting as agent or attorney 
for another person in the performance of work under a grant by, or a 
contract with or for the benefit of, the United States if the head of 
the department or agency concerned with the grant or contract certifies 
in writing that the national interest so requires and publishes such 
certification in the Federal Register.
  ``(f) Testimony and Statements.--Nothing in this section prevents an 
individual from giving testimony under oath or from making statements 
required to be made under penalty of perjury.

``Sec. 994. Practice in United States Court of Federal Claims or the 
                    United States Court of Appeals for the Federal 
                    Circuit by Members of Congress

  ``Whoever, being a Member of Congress or Member of Congress Elect, 
practices in the United States Court of Federal Claims or the United 
States Court of Appeals for the Federal Circuit shall be subject to the 
penalties set forth in section 1004 of this title.

``Sec. 995. Activities of officers and employees in claims against and 
                    other matters affecting the Government

  ``(a) Federal Matters.--Whoever, being an officer or employee of the 
United States in the executive, legislative, or judicial branch of the 
Government or in any agency of the United States, other than in the 
proper discharge of his official duties--
          ``(1) acts as agent or attorney for prosecuting any claim 
        against the United States, or receives any gratuity, or any 
        share of or interest in any such claim, in consideration of 
        assistance in the prosecution of such claim; or
          ``(2) acts as agent or attorney for anyone before any 
        department, agency, court, court-martial, officer, or civil, 
        military, or naval commission in connection with any covered 
        matter in which the United States is a party or has a direct 
        and substantial interest;
shall be subject to the penalties set forth in section 216 of this 
title.
  ``(b) District of Columbia.--Whoever, being an officer or employee of 
the District of Columbia or an officer or employee of the Office of the 
United States Attorney for the District of Columbia, otherwise than in 
the proper discharge of official duties--
          ``(1) acts as agent or attorney for prosecuting any claim 
        against the District of Columbia, or receives any gratuity, or 
        any share of or interest in any such claim in consideration of 
        assistance in the prosecution of such claim; or
          ``(2) acts as agent or attorney for anyone before any 
        department, agency, court, officer, or commission in connection 
        with any covered matter in which the District of Columbia is a 
        party or has a direct and substantial interest;
shall be subject to the penalties set forth in section 216 of this 
title.
  ``(c) Special Government Employees.--A special Government employee 
shall be subject to subsections (a) and (b) only in relation to a 
covered matter involving a specific party or parties--
          ``(1) in which he has at any time participated personally and 
        substantially as a Government employee or special Government 
        employee through decision, approval, disapproval, 
        recommendation, the rendering of advice, investigation, or 
        otherwise; or
          ``(2) which is pending in the department or agency of the 
        Government in which he is serving.
Paragraph (2) shall not apply in the case of a special Government 
employee who has served in such department or agency no more than sixty 
days during the immediately preceding period of three hundred and 
sixty-five consecutive days.
  ``(d) Exclusion With Respect to Certain Persons.--
          ``(1) Generally.--Nothing in subsection (a) or (b) prevents 
        an officer or employee, if not inconsistent with the faithful 
        performance of that officer's or employee's duties, from acting 
        without compensation as agent or attorney for, or otherwise 
        representing--
                  ``(A) any person who is the subject of disciplinary, 
                loyalty, or other personnel administration proceedings 
                in connection with those proceedings; or
                  ``(B) except as provided in paragraph (2), any 
                cooperative, voluntary, professional, recreational, or 
                similar organization or group not established or 
                operated for profit, if a majority of the 
                organization's or group's members are current officers 
                or employees of the United States or of the District of 
                Columbia, or their spouses or dependent children.
          ``(2) Exception.--Paragraph (1)(B) does not apply with 
        respect to a covered matter that--
                  ``(A) is a claim under subsection (a)(1) or (b)(1);
                  ``(B) is a judicial or administrative proceeding 
                where the organization or group is a party; or
                  ``(C) involves a grant, contract, or other agreement 
                (including a request for any such grant, contract, or 
                agreement) providing for the disbursement of Federal 
                funds to the organization or group.
  ``(e) Exclusion With Respect Family Members.--Nothing in subsection 
(a) or (b) prevents an officer or employee, including a special 
Government employee, from acting, with or without compensation, as 
agent or attorney for, or otherwise representing, his parents, spouse, 
child, or any person for whom, or for any estate for which, he is 
serving as guardian, executor, administrator, trustee, or other 
personal fiduciary except--
          ``(1) in those matters in which he has participated 
        personally and substantially as a Government employee or 
        special Government employee through decision, approval, 
        disapproval, recommendation, the rendering of advice, 
        investigation, or otherwise, or
          ``(2) in those matters which are the subject of his official 
        responsibility,
subject to approval by the Government official responsible for 
appointment to his position.
  ``(f) Certification of National Interest.--Nothing in subsection (a) 
or (b) prevents a special Government employee from acting as agent or 
attorney for another person in the performance of work under a grant 
by, or a contract with or for the benefit of, the United States if the 
head of the department or agency concerned with the grant or contract 
certifies in writing that the national interest so requires and 
publishes such certification in the Federal Register.
  ``(g) Testimony and Statements.--Nothing in this section prevents an 
officer or employee from giving testimony under oath or from making 
statements required to be made under penalty for perjury or contempt.
  ``(h) Definition.--For the purpose of this section, the term `covered 
matter' means any judicial or other proceeding, application, request 
for a ruling or other determination, contract, claim, controversy, 
investigation, charge, accusation, arrest, or other particular matter.
  ``(i) Additional Exclusions.--Nothing in this section prevents an 
employee from acting pursuant to--
          ``(1) chapter 71 of title 5;
          ``(2) section 1004 or chapter 12 of title 39;
          ``(3) section 3 of the Tennessee Valley Authority Act of 1933 
        (16 U.S.C. 831b);
          ``(4) chapter 10 of title I of the Foreign Service Act of 
        1980 (22 U.S.C. 4104 et seq.); or
          ``(5) any provision of any other Federal or District of 
        Columbia law that authorizes labor-management relations between 
        an agency or instrumentality of the United States or the 
        District of Columbia and any labor organization that represents 
        its employees.

``Sec. 996. Exemption of retired officers of the uniformed services

  ``Sections 993 and 995 of this title shall not apply to a retired 
officer of the uniformed services of the United States while not on 
active duty and not otherwise an officer or employee of the United 
States, or to any person specially excepted by Act of Congress.

``Sec. 997. Restrictions on former officers, employees, and elected 
                    officials of the executive and legislative branches

  ``(a) Restrictions on All Officers and Employees of the Executive 
Branch and Certain Other Agencies.--
          ``(1) Permanent restrictions on representation on particular 
        matters.--Whoever is an officer or employee (including any 
        special Government employee) of the executive branch of the 
        United States (including any independent agency of the United 
        States), or of the District of Columbia, and who, after the 
        termination of his or her service or employment with the United 
        States or the District of Columbia, knowingly makes, with the 
        intent to influence, any communication to or appearance before 
        any officer or employee of any department, agency, court, or 
        court-martial of the United States or the District of Columbia, 
        on behalf of any other person (except the United States or the 
        District of Columbia) in connection with a particular matter--
                  ``(A) in which the United States or the District of 
                Columbia is a party or has a direct and substantial 
                interest,
                  ``(B) in which the person participated personally and 
                substantially as such officer or employee, and
                  ``(C) which involved a specific party or specific 
                parties at the time of such participation,
        shall be punished as provided in section 1004 of this title.
          ``(2) Two-year restrictions concerning particular matters 
        under official responsibility.--Any person subject to the 
        restrictions contained in paragraph (1) who, within 2 years 
        after the termination of his or her service or employment with 
        the United States or the District of Columbia, knowingly makes, 
        with the intent to influence, any communication to or 
        appearance before any officer or employee of any department, 
        agency, court, or court-martial of the United States or the 
        District of Columbia, on behalf of any other person (except the 
        United States or the District of Columbia), in connection with 
        a particular matter--
                  ``(A) in which the United States or the District of 
                Columbia is a party or has a direct and substantial 
                interest,
                  ``(B) which such person knows or reasonably should 
                know was actually pending under his or her official 
                responsibility as such officer or employee within a 
                period of 1 year before the termination of his or her 
                service or employment with the United States or the 
                District of Columbia, and
                  ``(C) which involved a specific party or specific 
                parties at the time it was so pending,
        shall be punished as provided in section 1004.
          ``(3) Clarification of restrictions.--The restrictions 
        contained in paragraphs (1) and (2) shall apply--
                  ``(A) in the case of an officer or employee of the 
                executive branch of the United States (including any 
                independent agency), only with respect to 
                communications to or appearances before any officer or 
                employee of any department, agency, court, or court-
                martial of the United States on behalf of any other 
                person (except the United States), and only with 
                respect to a matter in which the United States is a 
                party or has a direct and substantial interest; and
                  ``(B) in the case of an officer or employee of the 
                District of Columbia, only with respect to 
                communications to or appearances before any officer or 
                employee of any department, agency, or court of the 
                District of Columbia on behalf of any other person 
                (except the District of Columbia), and only with 
                respect to a matter in which the District of Columbia 
                is a party or has a direct and substantial interest.
  ``(b) One-Year Restrictions on Aiding or Advising.--
          ``(1) In general.--Any person who is a former officer or 
        employee of the executive branch of the United States 
        (including any independent agency) and is subject to the 
        restrictions contained in subsection (a)(1), or any person who 
        is a former officer or employee of the legislative branch or a 
        former Member of Congress, who personally and substantially 
        participated in any ongoing trade or treaty negotiation on 
        behalf of the United States within the 1-year period preceding 
        the date on which his or her service or employment with the 
        United States terminated, and who had access to information 
        concerning such trade or treaty negotiation which is exempt 
        from disclosure under section 552 of title 5, which is so 
        designated by the appropriate department or agency, and which 
        the person knew or should have known was so designated, shall 
        not, on the basis of that information, knowingly represent, 
        aid, or advise any other person (except the United States) 
        concerning such ongoing trade or treaty negotiation for a 
        period of 1 year after his or her service or employment with 
        the United States terminates. Whoever violates this subsection 
        shall be punished as provided in section 1004 of this title.
          ``(2) Definition.--For purposes of this paragraph--
                  ``(A) the term `trade negotiation' means negotiations 
                which the President determines to undertake to enter 
                into a trade agreement pursuant to section 1102 of the 
                Omnibus Trade and Competitiveness Act of 1988, and does 
                not include any action taken before that determination 
                is made; and
                  ``(B) the term `treaty' means an international 
                agreement made by the President that requires the 
                advice and consent of the Senate.
  ``(c) One-Year Restrictions on Certain Senior Personnel of the 
Executive Branch and Independent Agencies.--
          ``(1) Restrictions.--In addition to the restrictions set 
        forth in subsections (a) and (b), any person who is an officer 
        or employee (including any special Government employee) of the 
        executive branch of the United States (including an independent 
        agency), who is referred to in paragraph (2), and who, within 1 
        year after the termination of his or her service or employment 
        as such officer or employee, knowingly makes, with the intent 
        to influence, any communication to or appearance before any 
        officer or employee of the department or agency in which such 
        person served within 1 year before such termination, on behalf 
        of any other person (except the United States), in connection 
        with any matter on which such person seeks official action by 
        any officer or employee of such department or agency, shall be 
        punished as provided in section 1004 of this title.
          ``(2) Persons to whom restrictions apply.--(A) Paragraph (1) 
        shall apply to a person (other than a person subject to the 
        restrictions of subsection (d))--
                  ``(i) employed at a rate of pay specified in or fixed 
                according to subchapter II of chapter 53 of title 5,
                  ``(ii) employed in a position which is not referred 
                to in clause (i) and for which that person is paid at a 
                rate of basic pay which is equal to or greater than 
                86.5 percent of the rate of basic pay for level II of 
                the Executive Schedule, or, for a period of 2 years 
                following the enactment of the National Defense 
                Authorization Act for Fiscal Year 2004, a person who, 
                on the day prior to the enactment of that Act, was 
                employed in a position which is not referred to in 
                clause (i) and for which the rate of basic pay, 
                exclusive of any locality-based pay adjustment under 
                section 5304 or section 5304a of title 5, was equal to 
                or greater than the rate of basic pay payable for level 
                5 of the Senior Executive Service on the day prior to 
                the enactment of that Act,
                  ``(iii) appointed by the President to a position 
                under section 105(a)(2)(B) of title 3 or by the Vice 
                President to a position under section 106(a)(1)(B) of 
                title 3,
                  ``(iv) employed in a position which is held by an 
                active duty commissioned officer of the uniformed 
                services who is serving in a grade or rank for which 
                the pay grade (as specified in section 201 of title 37) 
                is pay grade O-7 or above, or
                  ``(v) assigned from a private sector organization to 
                an agency under chapter 37 of title 5.
          ``(B) Paragraph (1) shall not apply to a special Government 
        employee who serves less than 60 days in the 1-year period 
        before his or her service or employment as such employee 
        terminates.
          ``(C) At the request of a department or agency, the Director 
        of the Office of Government Ethics may waive the restrictions 
        contained in paragraph (1) with respect to any position, or 
        category of positions, referred to in clause (ii) or (iv) of 
        subparagraph (A), in such department or agency if the Director 
        determines that--
                  ``(i) the imposition of the restrictions with respect 
                to such position or positions would create an undue 
                hardship on the department or agency in obtaining 
                qualified personnel to fill such position or positions, 
                and
                  ``(ii) granting the waiver would not create the 
                potential for use of undue influence or unfair 
                advantage.
  ``(d) Restrictions on Very Senior Personnel of the Executive Branch 
and Independent Agencies.--
          ``(1) Restrictions.--In addition to the restrictions set 
        forth in subsections (a) and (b), any person who--
                  ``(A) serves in the position of Vice President of the 
                United States,
                  ``(B) is employed in a position in the executive 
                branch of the United States (including any independent 
                agency) at a rate of pay payable for level I of the 
                Executive Schedule or employed in a position in the 
                Executive Office of the President at a rate of pay 
                payable for level II of the Executive Schedule, or
                  ``(C) is appointed by the President to a position 
                under section 105(a)(2)(A) of title 3 or by the Vice 
                President to a position under section 106(a)(1)(A) of 
                title 3,
        and who, within 1 year after the termination of that person's 
        service in that position, knowingly makes, with the intent to 
        influence, any communication to or appearance before any person 
        described in paragraph (2), on behalf of any other person 
        (except the United States), in connection with any matter on 
        which such person seeks official action by any officer or 
        employee of the executive branch of the United States, shall be 
        punished as provided in section 1004 of this title.
          ``(2) Persons who may not be contacted.--The persons referred 
        to in paragraph (1) with respect to appearances or 
        communications by a person in a position described in 
        subparagraph (A), (B), or (C) of paragraph (1) are--
                  ``(A) any officer or employee of any department or 
                agency in which such person served in such position 
                within a period of 1 year before such person's service 
                or employment with the United States Government 
                terminated, and
                  ``(B) any person appointed to a position in the 
                executive branch which is listed in section 5312, 5313, 
                5314, 5315, or 5316 of title 5.
  ``(e) Restrictions on Members of Congress and Officers and Employees 
of the Legislative Branch.--
          ``(1) Members of congress and elected officers.--(A) Any 
        person who is a Member of Congress or an elected officer of 
        either House of Congress and who, within 1 year after that 
        person leaves office, knowingly makes, with the intent to 
        influence, any communication to or appearance before any of the 
        persons described in subparagraph (B) or (C), on behalf of any 
        other person (except the United States) in connection with any 
        matter on which such former Member of Congress or elected 
        officer seeks action by a Member, officer, or employee of 
        either House of Congress, in his or her official capacity, 
        shall be punished as provided in section 1004 of this title.
          ``(B) The persons referred to in subparagraph (A) with 
        respect to appearances or communications by a former Member of 
        Congress are any Member, officer, or employee of either House 
        of Congress, and any employee of any other legislative office 
        of the Congress.
          ``(C) The persons referred to in subparagraph (A) with 
        respect to appearances or communications by a former elected 
        officer are any Member, officer, or employee of the House of 
        Congress in which the elected officer served.
          ``(2) Personal staff.--(A) Any person who is an employee of a 
        Senator or an employee of a Member of the House of 
        Representatives and who, within 1 year after the termination of 
        that employment, knowingly makes, with the intent to influence, 
        any communication to or appearance before any of the persons 
        described in subparagraph (B), on behalf of any other person 
        (except the United States) in connection with any matter on 
        which such former employee seeks action by a Member, officer, 
        or employee of either House of Congress, in his or her official 
        capacity, shall be punished as provided in section 1004 of this 
        title.
          ``(B) The persons referred to in subparagraph (A) with 
        respect to appearances or communications by a person who is a 
        former employee are the following:
                  ``(i) The Senator or Member of the House of 
                Representatives for whom that person was an employee.
                  ``(ii) Any employee of that Senator or Member of the 
                House of Representatives.
          ``(3) Committee staff.--Any person who is an employee of a 
        committee of Congress and who, within 1 year after the 
        termination of that person's employment on such committee, 
        knowingly makes, with the intent to influence, any 
        communication to or appearance before any person who is a 
        Member or an employee of that committee or who was a Member of 
        the committee in the year immediately prior to the termination 
        of such person's employment by the committee, on behalf of any 
        other person (except the United States) in connection with any 
        matter on which such former employee seeks action by a Member, 
        officer, or employee of either House of Congress, in his or her 
        official capacity, shall be punished as provided in section 
        1004 of this title.
          ``(4) Leadership staff.--(A) Any person who is an employee on 
        the leadership staff of the House of Representatives or an 
        employee on the leadership staff of the Senate and who, within 
        1 year after the termination of that person's employment on 
        such staff, knowingly makes, with the intent to influence, any 
        communication to or appearance before any of the persons 
        described in subparagraph (B), on behalf of any other person 
        (except the United States) in connection with any matter on 
        which such former employee seeks action by a Member, officer, 
        or employee of either House of Congress, in his or her official 
        capacity, shall be punished as provided in section 1004 of this 
        title.
          ``(B) The persons referred to in subparagraph (A) with 
        respect to appearances or communications by a former employee 
        are the following:
                  ``(i) In the case of a former employee on the 
                leadership staff of the House of Representatives, those 
                persons are any Member of the leadership of the House 
                of Representatives and any employee on the leadership 
                staff of the House of Representatives.
                  ``(ii) In the case of a former employee on the 
                leadership staff of the Senate, those persons are any 
                Member of the leadership of the Senate and any employee 
                on the leadership staff of the Senate.
          ``(5) Other legislative offices.--(A) Any person who is an 
        employee of any other legislative office of the Congress and 
        who, within 1 year after the termination of that person's 
        employment in such office, knowingly makes, with the intent to 
        influence, any communication to or appearance before any of the 
        persons described in subparagraph (B), on behalf of any other 
        person (except the United States) in connection with any matter 
        on which such former employee seeks action by any officer or 
        employee of such office, in his or her official capacity, shall 
        be punished as provided in section 1004 of this title.
          ``(B) The persons referred to in subparagraph (A) with 
        respect to appearances or communications by a former employee 
        are the employees and officers of the former legislative office 
        of the Congress of the former employee.
          ``(6) Limitation on restrictions.--(A) The restrictions 
        contained in paragraphs (2), (3), and (4) apply only to acts by 
        a former employee who, for at least 60 days, in the aggregate, 
        during the 1-year period before that former employee's service 
        as such employee terminated, was paid a rate of basic pay equal 
        to or greater than an amount which is 75 percent of the basic 
        rate of pay payable for a Member of the House of Congress in 
        which such employee was employed.
          ``(B) The restrictions contained in paragraph (5) apply only 
        to acts by a former employee who, for at least 60 days, in the 
        aggregate, during the 1-year period before that former 
        employee's service as such employee terminated, was employed in 
        a position for which the rate of basic pay, exclusive of any 
        locality-based pay adjustment under section 5302 of title 5 (or 
        any comparable adjustment pursuant to interim authority of the 
        President), is equal to or greater than the basic rate of pay 
        payable for level V of the Senior Executive Service.
          ``(7) Definitions.--As used in this subsection--
                  ``(A) the term `committee of Congress' includes 
                standing committees, joint committees, and select 
                committees;
                  ``(B) a person is an employee of a House of Congress 
                if that person is an employee of the Senate or an 
                employee of the House of Representatives;
                  ``(C) the term `employee of the House of 
                Representatives' means an employee of a Member of the 
                House of Representatives, an employee of a committee of 
                the House of Representatives, an employee of a joint 
                committee of the Congress whose pay is disbursed by the 
                Clerk of the House of Representatives, and an employee 
                on the leadership staff of the House of 
                Representatives;
                  ``(D) the term `employee of the Senate' means an 
                employee of a Senator, an employee of a committee of 
                the Senate, an employee of a joint committee of the 
                Congress whose pay is disbursed by the Secretary of the 
                Senate, and an employee on the leadership staff of the 
                Senate;
                  ``(E) a person is an employee of a Member of the 
                House of Representatives if that person is an employee 
                of a Member of the House of Representatives under the 
                clerk hire allowance;
                  ``(F) a person is an employee of a Senator if that 
                person is an employee in a position in the office of a 
                Senator;
                  ``(G) the term `employee of any other legislative 
                office of the Congress' means an officer or employee of 
                the Architect of the Capitol, the United States Botanic 
                Garden, the Government Accountability Office, the 
                Government Printing Office, the Library of Congress, 
                the Office of Technology Assessment, the Congressional 
                Budget Office, the Copyright Royalty Tribunal, the 
                United States Capitol Police, and any other agency, 
                entity, or office in the legislative branch not covered 
                by paragraph (1), (2), (3), or (4) of this subsection;
                  ``(H) the term `employee on the leadership staff of 
                the House of Representatives' means an employee of the 
                office of a Member of the leadership of the House of 
                Representatives described in subparagraph (L), and any 
                elected minority employee of the House of 
                Representatives;
                  ``(I) the term `employee on the leadership staff of 
                the Senate' means an employee of the office of a Member 
                of the leadership of the Senate described in 
                subparagraph (M);
                  ``(J) the term `Member of Congress' means a Senator 
                or a Member of the House of Representatives;
                  ``(K) the term `Member of the House of 
                Representatives' means a Representative in, or a 
                Delegate or Resident Commissioner to, the Congress;
                  ``(L) the term `Member of the leadership of the House 
                of Representatives' means the Speaker, majority leader, 
                minority leader, majority whip, minority whip, chief 
                deputy majority whip, chief deputy minority whip, 
                chairman of the Democratic Steering Committee, chairman 
                and vice chairman of the Democratic Caucus, chairman, 
                vice chairman, and secretary of the Republican 
                Conference, chairman of the Republican Research 
                Committee, and chairman of the Republican Policy 
                Committee, of the House of Representatives (or any 
                similar position created on or after the effective date 
                set forth in section 102(a) of the Ethics Reform Act of 
                1989); and
                  ``(M) the term `Member of the leadership of the 
                Senate' means the Vice President, and the President pro 
                tempore, Deputy President pro tempore, majority leader, 
                minority leader, majority whip, minority whip, chairman 
                and secretary of the Conference of the Majority, 
                chairman and secretary of the Conference of the 
                Minority, chairman and co-chairman of the Majority 
                Policy Committee, and chairman of the Minority Policy 
                Committee, of the Senate (or any similar position 
                created on or after the effective date set forth in 
                section 102(a) of the Ethics Reform Act of 1989).
  ``(f) Restrictions Relating to Foreign Entities.--
          ``(1) Restrictions.--Any person who is subject to the 
        restrictions contained in subsection (c), (d), or (e) and who 
        knowingly, within 1 year after leaving the position, office, or 
        employment referred to in such subsection--
                  ``(A) represents a foreign entity before any officer 
                or employee of any department or agency of the United 
                States with the intent to influence a decision of such 
                officer or employee in carrying out his or her official 
                duties, or
                  ``(B) aids or advises a foreign entity with the 
                intent to influence a decision of any officer or 
                employee of any department or agency of the United 
                States, in carrying out his or her official duties,
        shall be punished as provided in section 1004 of this title.
          ``(2) Special rule for trade representative.--With respect to 
        a person who is the United States Trade Representative or 
        Deputy United States Trade Representative, the restrictions 
        described in paragraph (1) shall apply to representing, aiding, 
        or advising foreign entities at any time after the termination 
        of that person's service as the United States Trade 
        Representative.
          ``(3) Definition.--For purposes of this subsection, the term 
        `foreign entity' means the government of a foreign country as 
        defined in section 1(e) of the Foreign Agents Registration Act 
        of 1938, as amended, or a foreign political party as defined in 
        section 1(f) of that Act.
  ``(g) Special Rules for Detailees.--For purposes of this section, a 
person who is detailed from one department, agency, or other entity to 
another department, agency, or other entity shall, during the period 
such person is detailed, be deemed to be an officer or employee of both 
departments, agencies, or such entities.
  ``(h) Designations of Separate Statutory Agencies and Bureaus.--
          ``(1) Designations.--For purposes of subsection (c) and 
        except as provided in paragraph (2), whenever the Director of 
        the Office of Government Ethics determines that an agency or 
        bureau within a department or agency in the executive branch 
        exercises functions which are distinct and separate from the 
        remaining functions of the department or agency and that there 
        exists no potential for use of undue influence or unfair 
        advantage based on past Government service, the Director shall 
        by rule designate such agency or bureau as a separate 
        department or agency. On an annual basis the Director of the 
        Office of Government Ethics shall review the designations and 
        determinations made under this subparagraph and, in 
        consultation with the department or agency concerned, make such 
        additions and deletions as are necessary. Departments and 
        agencies shall cooperate to the fullest extent with the 
        Director of the Office of Government Ethics in the exercise of 
        his or her responsibilities under this paragraph.
          ``(2) Inapplicability of designations.--No agency or bureau 
        within the Executive Office of the President may be designated 
        under paragraph (1) as a separate department or agency. No 
        designation under paragraph (1) shall apply to persons referred 
        to in subsection (c)(2)(A)(i) or (iii).
  ``(i) Definitions.--For purposes of this section--
          ``(1) the term `officer or employee', when used to describe 
        the person to whom a communication is made or before whom an 
        appearance is made, with the intent to influence, shall 
        include--
                  ``(A) in subsections (a), (c), and (d), the President 
                and the Vice President; and
                  ``(B) in subsection (f), the President, the Vice 
                President, and Members of Congress;
          ``(2) the term `participated' means an action taken as an 
        officer or employee through decision, approval, disapproval, 
        recommendation, the rendering of advice, investigation, or 
        other such action; and
          ``(3) the term `particular matter' includes any 
        investigation, application, request for a ruling or 
        determination, rulemaking, contract, controversy, claim, 
        charge, accusation, arrest, or judicial or other proceeding.
  ``(j) Exceptions.--
          ``(1) Official government duties.--The restrictions contained 
        in this section shall not apply to acts done in carrying out 
        official duties on behalf of the United States or the District 
        of Columbia or as an elected official of a State or local 
        government.
          ``(2) State and local governments and institutions, 
        hospitals, and organizations.--The restrictions contained in 
        subsections (c), (d), and (e) shall not apply to acts done in 
        carrying out official duties as an employee of--
                  ``(A) an agency or instrumentality of a State or 
                local government if the appearance, communication, or 
                representation is on behalf of such government, or
                  ``(B) an accredited, degree-granting institution of 
                higher education, as defined in section 101 of the 
                Higher Education Act of 1965, or a hospital or medical 
                research organization, exempted and defined under 
                section 501(c)(3) of the Internal Revenue Code of 1986, 
                if the appearance, communication, or representation is 
                on behalf of such institution, hospital, or 
                organization.
          ``(3) International organizations.--The restrictions 
        contained in this section shall not apply to an appearance or 
        communication on behalf of, or advice or aid to, an 
        international organization in which the United States 
        participates, if the Secretary of State certifies in advance 
        that such activity is in the interests of the United States.
          ``(4) Special knowledge.--The restrictions contained in 
        subsections (c), (d), and (e) shall not prevent an individual 
        from making or providing a statement, which is based on the 
        individual's own special knowledge in the particular area that 
        is the subject of the statement, if no compensation is thereby 
        received.
          ``(5) Exception for scientific or technological 
        information.--The restrictions contained in subsections (a), 
        (c), and (d) shall not apply with respect to the making of 
        communications solely for the purpose of furnishing scientific 
        or technological information, if such communications are made 
        under procedures acceptable to the department or agency 
        concerned or if the head of the department or agency concerned 
        with the particular matter, in consultation with the Director 
        of the Office of Government Ethics, makes a certification, 
        published in the Federal Register, that the former officer or 
        employee has outstanding qualifications in a scientific, 
        technological, or other technical discipline, and is acting 
        with respect to a particular matter which requires such 
        qualifications, and that the national interest would be served 
        by the participation of the former officer or employee. For 
        purposes of this paragraph, the term `officer or employee' 
        includes the Vice President.
          ``(6) Exception for testimony.--Nothing in this section shall 
        prevent an individual from giving testimony under oath, or from 
        making statements required to be made under penalty of perjury. 
        Notwithstanding the preceding sentence--
                  ``(A) a former officer or employee of the executive 
                branch of the United States (including any independent 
                agency) who is subject to the restrictions contained in 
                subsection (a)(1) with respect to a particular matter 
                may not, except pursuant to court order, serve as an 
                expert witness for any other person (except the United 
                States) in that matter; and
                  ``(B) a former officer or employee of the District of 
                Columbia who is subject to the restrictions contained 
                in subsection (a)(1) with respect to a particular 
                matter may not, except pursuant to court order, serve 
                as an expert witness for any other person (except the 
                District of Columbia) in that matter.
          ``(7) Political parties and campaign committees.--(A) Except 
        as provided in subparagraph (B), the restrictions contained in 
        subsections (c), (d), and (e) shall not apply to a 
        communication or appearance made solely on behalf of a 
        candidate in his or her capacity as a candidate, an authorized 
        committee, a national committee, a national Federal campaign 
        committee, a State committee, or a political party.
          ``(B) Subparagraph (A) shall not apply to--
                  ``(i) any communication to, or appearance before, the 
                Federal Election Commission by a former officer or 
                employee of the Federal Election Commission; or
                  ``(ii) a communication or appearance made by a person 
                who is subject to the restrictions contained in 
                subsections (c), (d), or (e) if, at the time of the 
                communication or appearance, the person is employed by 
                a person or entity other than--
                          ``(I) a candidate, an authorized committee, a 
                        national committee, a national Federal campaign 
                        committee, a State committee, or a political 
                        party; or
                          ``(II) a person or entity who represents,
                                aids, or advises only persons or 
                                entities described in subclause (I).
          ``(C) For purposes of this paragraph--
                  ``(i) the term `candidate' means any person who seeks 
                nomination for election, or election, to Federal or 
                State office or who has authorized others to explore on 
                his or her behalf the possibility of seeking nomination 
                for election, or election, to Federal or State office;
                  ``(ii) the term `authorized committee' means any 
                political committee designated in writing by a 
                candidate as authorized to receive contributions or 
                make expenditures to promote the nomination for 
                election, or the election, of such candidate, or to 
                explore the possibility of seeking nomination for 
                election, or the election, of such candidate, except 
                that a political committee that receives contributions 
                or makes expenditures to promote more than 1 candidate 
                may not be designated as an authorized committee for 
                purposes of subparagraph (A);
                  ``(iii) the term `national committee' means the 
                organization which, by virtue of the bylaws of a 
                political party, is responsible for the day-to-day 
                operation of such political party at the national 
                level;
                  ``(iv) the term `national Federal campaign committee' 
                means an organization that, by virtue of the bylaws of 
                a political party, is established primarily for the 
                purpose of providing assistance, at the national level, 
                to candidates nominated by that party for election to 
                the office of Senator or Representative in, or Delegate 
                or Resident Commissioner to, the Congress;
                  ``(v) the term `State committee' means the 
                organization which, by virtue of the bylaws of a 
                political party, is responsible for the day-to-day 
                operation of such political party at the State level; 
                and
                  ``(vi) the term `political party' means an 
                association, committee, or organization that nominates 
                a candidate for election to any Federal or State 
                elected office whose name appears on the election 
                ballot as the candidate of such association, committee, 
                or organization.
  ``(k) Waiver.--(1)(A) The President may grant a waiver of a 
restriction imposed by this section to any officer or employee 
described in paragraph (2) if the President determines and certifies in 
writing that it is in the public interest to grant the waiver and that 
the services of the officer or employee are critically needed for the 
benefit of the Federal Government. Not more than 25 officers and 
employees currently employed by the Federal Government at any one time 
may have been granted waivers under this paragraph.
  ``(B)(i) A waiver granted under this paragraph to any person shall 
apply only with respect to activities engaged in by that person after 
that person's Federal Government employment is terminated and only to 
that person's employment at a Government-owned, contractor operated 
entity with which the person served as an officer or employee 
immediately before the person's Federal Government employment began.
  ``(ii) Notwithstanding clause (i), a waiver granted under this 
paragraph to any person who was an officer or employee of Lawrence 
Livermore National Laboratory, Los Alamos National Laboratory, or 
Sandia National Laboratory immediately before the person's Federal 
Government employment began shall apply to that person's employment by 
any such national laboratory after the person's employment by the 
Federal Government is terminated.
  ``(2) Waivers under paragraph (1) may be granted only to civilian 
officers and employees of the executive branch, other than officers and 
employees in the Executive Office of the President.
  ``(3) A certification under paragraph (1) shall take effect upon its 
publication in the Federal Register and shall identify--
  ``(A) the officer or employee covered by the waiver by name and by 
position, and
  ``(B) the reasons for granting the waiver.
A copy of the certification shall also be provided to the Director of 
the Office of Government Ethics.
  ``(4) The President may not delegate the authority provided by this 
subsection.
  ``(5)(A) Each person granted a waiver under this subsection shall 
prepare reports, in accordance with subparagraph (B), stating whether 
the person has engaged in activities otherwise prohibited by this 
section for each six-month period described in subparagraph (B), and if 
so, what those activities were.
  ``(B) A report under subparagraph (A) shall cover each six-month 
period beginning on the date of the termination of the person's Federal 
Government employment (with respect to which the waiver under this 
subsection was granted) and ending two years after that date. Such 
report shall be filed with the President and the Director of the Office 
of Government Ethics not later than 60 days after the end of the six-
month period covered by the report. All reports filed with the Director 
under this paragraph shall be made available for public inspection and 
copying.
  ``(C) If a person fails to file any report in accordance with 
subparagraphs (A) and (B), the President shall revoke the waiver and 
shall notify the person of the revocation. The revocation shall take 
effect upon the person's receipt of the notification and shall remain 
in effect until the report is filed.
  ``(D) Any person who is granted a waiver under this subsection shall 
be ineligible for appointment in the civil service unless all reports 
required of such person by subparagraphs (A) and (B) have been filed.
  ``(E) As used in this subsection, the term `civil service' has the 
meaning given that term in section 2101 of title 5.
          ``(l) Contract Advice by Former Details.--Whoever, being an 
        employee of a private sector organization assigned to an agency 
        under chapter 37 of title 5, within one year after the end of 
        that assignment, knowingly represents or aids, counsels, or 
        assists in representing any other person (except the United 
        States) in connection with any contract with that agency shall 
        be punished as provided in section 1004 of this title.

``Sec. 998. Acts affecting a personal financial interest

  ``(a) Offense.--Except as permitted by subsection (b), whoever, being 
an officer or employee of the executive branch of the United States 
Government, or of any independent agency of the United States, a 
Federal Reserve bank director, officer, or employee, or an officer or 
employee of the District of Columbia, including a special Government 
employee, participates personally and substantially as a Government 
officer or employee, through decision, approval, disapproval, 
recommendation, the rendering of advice, investigation, or otherwise, 
in a judicial or other proceeding, application, request for a ruling or 
other determination, contract, claim, controversy, charge, accusation, 
arrest, or other particular matter in which, to his knowledge, he, his 
spouse, minor child, general partner, organization in which he is 
serving as officer, director, trustee, general partner or employee, or 
any person or organization with whom he is negotiating or has any 
arrangement concerning prospective employment, has a financial interest 
shall be subject to the penalties set forth in section 1004 of this 
title.
  ``(b) Exclusions.--Subsection (a) shall not apply--
          ``(1) if the officer or employee first advises the Government 
        official responsible for appointment to his or her position of 
        the nature and circumstances of the judicial or other 
        proceeding, application, request for a ruling or other 
        determination, contract, claim, controversy, charge, 
        accusation, arrest, or other particular matter and makes full 
        disclosure of the financial interest and receives in advance a 
        written determination made by such official that the interest 
        is not so substantial as to be deemed likely to affect the 
        integrity of the services which the Government may expect from 
        such officer or employee;
          ``(2) if, by regulation issued by the Director of the Office 
        of Government Ethics, applicable to all or a portion of all 
        officers and employees covered by this section, and published 
        in the Federal Register, the financial interest has been 
        exempted from the requirements of subsection (a) as being too 
        remote or too inconsequential to affect the integrity of the 
        services of the Government officers or employees to which such 
        regulation applies;
          ``(3) in the case of a special Government employee serving on 
        an advisory committee within the meaning of the Federal 
        Advisory Committee Act (including an individual being 
        considered for an appointment to such a position), the official 
        responsible for the employee's appointment, after review of the 
        financial disclosure report filed by the individual pursuant to 
        the Ethics in Government Act of 1978, certifies in writing that 
        the need for the individual's services outweighs the potential 
        for a conflict of interest created by the financial interest 
        involved; or
          ``(4) if the financial interest that would be affected by the 
        particular matter involved is that resulting solely from the 
        interest of the officer or employee, or his or her spouse or 
        minor child, in birthrights--
                  ``(A) in an Indian tribe, band, nation, or other 
                organized group or community, including any Alaska 
                Native village corporation as defined in or established 
                pursuant to the Alaska Native Claims Settlement Act, 
                which is recognized as eligible for the special 
                programs and services provided by the United States to 
                Indians because of their status as Indians,
                  ``(B) in an Indian allotment the title to which is 
                held in trust by the United States or which is 
                inalienable by the allottee without the consent of the 
                United States, or
                  ``(C) in an Indian claims fund held in trust or 
                administered by the United States,
        if the particular matter does not involve the Indian allotment 
        or claims fund or the Indian tribe, band, nation, organized 
        group or community, or Alaska Native village corporation as a 
        specific party or parties.
  ``(c) Deeming Provision.--(1) For the purpose of paragraph (1) of 
subsection (b), in the case of class A and B directors of Federal 
Reserve banks, the Board of Governors of the Federal Reserve System 
shall be deemed to be the Government official responsible for 
appointment.
  ``(2) The potential availability of an exemption under any particular 
paragraph of subsection (b) does not preclude an exemption being 
granted pursuant to another paragraph of subsection (b).
  ``(d) Public Availability.--
          ``(1) Generally.--Upon request, a copy of any determination 
        granting an exemption under subsection (b)(1) or (b)(3) shall 
        be made available to the public by the agency granting the 
        exemption pursuant to the procedures set forth in section 105 
        of the Ethics in Government Act of 1978. In making such 
        determination available, the agency may withhold from 
        disclosure any information contained in the determination that 
        would be exempt from disclosure under section 552 of title 5. 
        For purposes of determinations under subsection (b)(3), the 
        information describing each financial interest shall be no more 
        extensive than that required of the individual in his or her 
        financial disclosure report under the Ethics in Government Act 
        of 1978.
          ``(2) Uniform regulations.--The Office of Government Ethics, 
        after consultation with the Attorney General, shall issue 
        uniform regulations for the issuance of waivers and exemptions 
        under subsection (b) which shall--
          ``(A) list and describe exemptions; and
          ``(B) provide guidance with respect to the types of interests 
        that are not so substantial as to be deemed likely to affect 
        the integrity of the services the Government may expect from 
        the employee.

``Sec. 999. Salary of Government officials and employees payable only 
                    by United States

  ``(a) Offense.--Whoever--
          ``(1) receives any salary, or any contribution to or 
        supplementation of salary, as compensation for his services as 
        an officer or employee of the executive branch of the United 
        States Government, of any independent agency of the United 
        States, or of the District of Columbia, from any source other 
        than the Government of the United States, except as may be 
        contributed out of the treasury of any State, county, or 
        municipality; or
          ``(2) whoever, whether an individual, partnership, 
        association, corporation, or other organization pays, makes any 
        contribution to, or in any way supplements, the salary of any 
        such officer or employee under circumstances which would make 
        its receipt a violation of this subsection;
shall be subject to the penalties set forth in section 1004 of this 
title.
  ``(b) Exclusion.--Nothing herein prevents an officer or employee of 
the executive branch of the United States Government, or of any 
independent agency of the United States, or of the District of 
Columbia, from continuing to participate in a bona fide pension, 
retirement, group life, health or accident insurance, profit-sharing, 
stock bonus, or other employee welfare or benefit plan maintained by a 
former employer.
  ``(c) Special Government Employee.--This section does not apply to a 
special Government employee or to an officer or employee of the 
Government serving without compensation, whether or not he is a special 
Government employee, or to any person paying, contributing to, or 
supplementing his salary as such.
  ``(d) Payments Under Chapter 41 of Title 5.--This section does not 
prohibit payment or acceptance of contributions, awards, or other 
expenses under the terms of chapter 41 of title 5.
  ``(e) Relocation Expenses.--This section does not prohibit the 
payment of actual relocation expenses incident to participation, or the 
acceptance of same by a participant in an executive exchange or 
fellowship program in an executive agency, if such program has been 
established by statute or Executive order of the President, offers 
appointments not to exceed three hundred and sixty-five days, and 
permits no extensions in excess of ninety additional days or, in the 
case of participants in overseas assignments, in excess of 365 days.
  ``(f) Injuries During Certain Offense.--This section does not 
prohibit acceptance or receipt, by any officer or employee injured 
during the commission of an offense described in section 102(7) or 
102(8) of this title, of contributions or payments from an organization 
which is described in section 501(c)(3) of the Internal Revenue Code of 
1986 and which is exempt from taxation under section 501(a) of such 
Code.
  ``(g) Private Sector Organization.--
          ``(1) Generally.--This section does not prohibit an employee 
        of a private sector organization, while assigned to an agency 
        under chapter 37 of title 5, from continuing to receive pay and 
        benefits from such organization in accordance with such 
        chapter.
          ``(2) Definition.--As used in this subsection, the term 
        `agency' means an agency (as defined by section 3701 of title 
        5) and the Office of the Chief Technology Officer of the 
        District of Columbia.
  ``(h) Reserver Components of Armed Forces.--This section does not 
prohibit a member of the reserve components of the armed forces on 
active duty pursuant to a call or order to active duty under a 
provision of law referred to in section 101(a)(13) of title 10 from 
receiving from any person that employed such member before the call or 
order to active duty any payment of any part of the salary or wages 
that such person would have paid the member if the member's employment 
had not been interrupted by such call or order to active duty.

``Sec. 1000. Offer to procure appointive public office

  ``Whoever pays or offers or promises any money or thing of value, to 
any person, firm, or corporation in consideration of the use or promise 
to use any influence to procure any appointive office or place under 
the United States for any person, shall be imprisoned not more than one 
year.

``Sec. 1001. Acceptance or solicitation To obtain appointive public 
                    office

  ``(a) Promise of Office.--Whoever solicits or receives, either as a 
political contribution, or for personal emolument, any money or thing 
of value, in consideration of the promise of support or use of 
influence in obtaining for any person any appointive office or place 
under the United States, shall be imprisoned not more than one year.
  ``(b) Adding Person To Obtain Employment.--Whoever solicits or 
receives any thing of value in consideration of aiding a person to 
obtain employment under the United States either by referring his name 
to an executive department or agency of the United States or by 
requiring the payment of a fee because such person has secured such 
employment shall be imprisoned not more than one year.
  ``(c) Exclusion.--This section does not apply to such services 
rendered by an employment agency pursuant to the written request of an 
executive department or agency of the United States.

``Sec. 1002. Acceptance of loan or gratuity by financial institution 
                    examiner

  ``Whoever, being an examiner or assistant examiner, accepts a loan or 
gratuity from any bank, branch, agency, organization, corporation, 
association, or institution examined by the examiner or from any person 
connected with it, shall--
          ``(1) be imprisoned not more than 1 year; and
          ``(2) shall be disqualified from holding office as an 
        examiner.

``Sec. 1003. Receipt of commissions or gifts for procuring loans

  ``(a) Offense.--Whoever--
          ``(1) corruptly gives, offers, or promises anything of value 
        to any person, with intent to influence or reward an officer, 
        director, employee, agent, or attorney of a financial 
        institution in connection with any business or transaction of 
        such institution; or
          ``(2) as an officer, director, employee, agent, or attorney 
        of a financial institution, corruptly solicits or demands for 
        the benefit of any person, or corruptly accepts or agrees to 
        accept, anything of value from any person, intending to be 
        influenced or rewarded in connection with any business or 
        transaction of such institution;
shall be imprisoned not more than 30 years, but if the value of the 
thing given, offered, promised, solicited, demanded, accepted, or 
agreed to be accepted does not exceed $1000, shall be imprisoned not 
more than one year.
  ``(b) Exclusion.--This section shall not apply to bona fide salary, 
wages, fees, or other compensation paid, or expenses paid or 
reimbursed, in the usual course of business.
  ``(c) Guidelines.--Federal agencies with responsibility for 
regulating a financial institution shall jointly establish such 
guidelines as are appropriate to assist an officer, director, employee, 
agent, or attorney of a financial institution to comply with this 
section. Such agencies shall make such guidelines available to the 
public.

``Sec. 1004. Penalties and injunctions

  ``(a) Criminal Penalties.--The punishment for an offense under 
section 993, 994, 995, 997, 998, or 999 of this title is the following:
          ``(1) Whoever engages in the conduct constituting the offense 
        shall be imprisoned for not more than one year.
          ``(2) Whoever knowingly engages in the conduct constituting 
        the offense shall be imprisoned for not more than five years.
  ``(b) Civil Action.--The Attorney General may bring a civil action in 
the appropriate United States district court against any person who 
engages in conduct constituting an offense under section 993, 994, 995, 
997, 998, or 999 of this title and, upon proof of such conduct by a 
preponderance of the evidence, such person shall be subject to a civil 
penalty of not more than $50,000 for each violation or the amount of 
compensation which the person received or offered for the prohibited 
conduct, whichever amount is greater. The imposition of a civil penalty 
under this subsection does not preclude any other criminal or civil 
statutory, common law, or administrative remedy, which is available by 
law to the United States or any other person.
  ``(c) Court Order.--If the Attorney General has reason to believe 
that a person is engaging in conduct constituting an offense under 
section 993, 994, 995, 997, 998, or 999 of this title, the Attorney 
General may petition an appropriate United States district court for an 
order prohibiting that person from engaging in such conduct. The court 
may issue an order prohibiting that person from engaging in such 
conduct if the court finds that the conduct constitutes such an 
offense. The filing of a petition under this section does not preclude 
any other remedy which is available by law to the United States or any 
other person.

``Sec. 1005. Voiding transactions in violation of chapter; recovery by 
                    the United States

  ``In addition to any other remedies provided by law the President or, 
under regulations prescribed by him, the head of any department or 
agency involved, may declare void and rescind any contract, loan, 
grant, subsidy, license, right, permit, franchise, use, authority, 
privilege, benefit, certificate, ruling, decision, opinion, or rate 
schedule awarded, granted, paid, furnished, or published, or the 
performance of any service or transfer or delivery of any thing to, by 
or for any agency of the United States or officer or employee of the 
United States or person acting on behalf thereof, in relation to which 
there has been a final conviction for any violation of this chapter, 
and the United States shall be entitled to recover in addition to any 
penalty prescribed by law or in a contract the amount expended or the 
thing transferred or delivered on its behalf, or the reasonable value 
thereof.

``Sec. 1006. Officers and employees acting as agents of foreign 
                    principals

  ``(a) Offense.--Whoever, being a public official, is or acts as an 
agent of a foreign principal required to register under the Foreign 
Agents Registration Act of 1938 or a lobbyist required to register 
under the Lobbying Disclosure Act of 1995 in connection with the 
representation of a foreign entity, as defined in section 3(6) of that 
Act shall be imprisoned for not more than two years.
  ``(b) Exclusion.--Nothing in this section shall apply to the 
employment of any agent of a foreign principal as a special Government 
employee in any case in which the head of the employing agency 
certifies that such employment is required in the national interest. A 
copy of any certification under this paragraph shall be forwarded by 
the head of such agency to the Attorney General who shall cause the 
same to be filed with the registration statement and other documents 
filed by such agent, and made available for public inspection in 
accordance with section 6 of the Foreign Agents Registration Act of 
1938, as amended.
  ``(c) Definition.--As used in this section `public official' means 
Member of Congress, Delegate, or Resident Commissioner, either before 
or after he has qualified, or an officer or employee or person acting 
for or on behalf of the United States, or any department, agency, or 
branch of Government thereof, including the District of Columbia, in 
any official function, under or by authority of any such department, 
agency, or branch of Government.

``Sec. 1007. Bribery in sporting contests

  ``(a) Offense.--Whoever knowingly engages in any scheme in or 
affecting interstate or foreign commerce to influence any sporting 
contest in any way by bribery, shall be imprisoned not more than 5 
years.
  ``(b) Nonpreemption.--This section shall not be construed as 
indicating an intent on the part of Congress to occupy the field in 
which this section operates to the exclusion of a law of any State, and 
no law of any State, which would be valid in the absence of the section 
shall be declared invalid, and no local authorities shall be deprived 
of any jurisdiction over any offense over which they would have 
jurisdiction in the absence of this section.
  ``(c) Definition.--As used in this section, the term `sporting 
contest' means any contest in any sport, between individual contestants 
or teams of contestants (without regard to the amateur or professional 
status of the contestants therein), the occurrence of which is publicly 
announced before its occurrence.

``Sec. 1008. Continuing financial crimes enterprise

  ``(a) Offense.--Whoever--
          ``(1) organizes, manages, or supervises a continuing 
        financial crimes enterprise; and
          ``(2) receives $5,000,000 or more in gross receipts from such 
        enterprise during any 24-month period,
shall be imprisoned for a term of not less than 10 years and which may 
be life.
  ``(b) Definition.--As used in subsection (a), the term `continuing 
financial crimes enterprise' means a series of violations under section 
1003, 644, 645, 773, 774, 775, 779, 789, 804, 801, and 803 affecting a 
financial institution, committed by at least 4 persons acting in 
concert.

  ``SUBCHAPTER B--CLAIMS AND SERVICES IN MATTERS AFFECTING GOVERNMENT

``Sec.
``1017.  False, fictitious, or fraudulent claims.

``Sec. 1017. False, fictitious, or fraudulent claims

  ``Whoever makes or presents to any person or officer in the civil, 
military, or naval service of the United States, or to any department 
or agency thereof, any claim upon or against the United States, or any 
department or agency thereof, knowing such claim to be false, 
fictitious, or fraudulent, shall be imprisoned not more than five 
years.

                       ``SUBCHAPTER C--CONTEMPTS

``Sec.
``1021.  Power of court.
``1022.  Contempts constituting crimes.

``Sec. 1021. Power of court

  ``A court of the United States shall have power to punish by fine or 
imprisonment, or both, at its discretion, such contempt of its 
authority, and none other, as--
          ``(1) misbehavior of any person in its presence or so near 
        thereto as to obstruct the administration of justice;
          ``(2) misbehavior of any of its officers in their official 
        transactions; or
          ``(3) disobedience or resistance to its lawful writ, process, 
        order, rule, decree, or command.

``Sec. 1022. Contempts constituting crimes

  ``(a) Offense.--Whoever disobeys any lawful writ, process, order, 
rule, decree, or command of any district court of the United States or 
any court of the District of Columbia, by doing any act or thing 
therein, or thereby forbidden, if the act or thing so done be of such 
character as to constitute also a criminal offense under any statute of 
the United States or under the laws of any State in which the act was 
committed, shall be prosecuted for such contempt as provided in section 
3691 and shall be imprisoned any term of years or for life.
  ``(b) Payment of Fine and Limitations on Fine and Imprisonment.--Such 
fine shall be paid to the United States or to the complainant or other 
party injured by the act constituting the contempt, or may, where more 
than one is so damaged, be divided or apportioned among them as the 
court may direct, but in no case shall the fine to be paid to the 
United States exceed, in case the accused is a natural person, the sum 
of $1,000, nor shall such imprisonment exceed the term of six months.
  ``(c) Applicability of Section.--This section shall not be construed 
to relate to contempts committed in the presence of the court, or so 
near thereto as to obstruct the administration of justice, nor to 
contempts committed in disobedience of any lawful writ, process, order, 
rule, decree, or command entered in any suit or action brought or 
prosecuted in the name of, or on behalf of, the United States, but the 
same, and all other cases of contempt not specifically embraced in this 
section may be punished in conformity to the prevailing usages at law.

           ``SUBCHAPTER D--ELECTIONS AND POLITICAL ACTIVITIES

``Sec.
``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.

``Sec. 1031. Intimidation of voters

  ``Whoever intimidates, threatens, coerces, or attempts to intimidate, 
threaten, or coerce, any other person for the purpose of interfering 
with the right of such other person to vote or to vote as he may 
choose, or of causing such other person to vote for, or not to vote 
for, any candidate for the office of President, Vice President, 
Presidential elector, Member of the Senate, Member of the House of 
Representatives, Delegate from the District of Columbia, or Resident 
Commissioner, at any election held solely or in part for the purpose of 
electing such candidate, shall be imprisoned not more than one year.

``Sec. 1032. Deprivation of employment or other benefit for political 
                    contribution

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

``Sec. 1033. Solicitation of political contributions

  ``(a) Offense.--It shall be unlawful for--
          ``(1) a candidate for the Congress;
          ``(2) an individual elected to or serving in the office of 
        Senator or Representative in, or Delegate or Resident 
        Commissioner to, the Congress;
          ``(3) an officer or employee of the United States or any 
        department or agency thereof; or
          ``(4) a person receiving any salary or compensation for 
        services from money derived from the Treasury of the United 
        States; to knowingly solicit any contribution within the 
        meaning of section 301(8) of the Federal Election Campaign Act 
        of 1971 from any other such officer, employee, or person. 
        Whoever violates this section shall be imprisoned not more than 
        3 years.
  ``(b) Exclusion.--The prohibition in subsection (a) shall not apply 
to any activity of an employee (as defined in section 7322(1) of title 
5) or any individual employed in or under the United States Postal 
Service or the Postal Rate Commission, unless that activity is 
prohibited by section 7323 or 7324 of such title.

``Sec. 1034. Coercion of political activity

  ``It shall be unlawful for any person to intimidate, threaten, 
command, or coerce, or attempt to intimidate, threaten, command, or 
coerce, any employee of the Federal Government as defined in section 
7322(1) of title 5, to engage in, or not to engage in, any political 
activity, including, voting or refusing to vote for any candidate or 
measure in any election, making or refusing to make any political 
contribution, or working or refusing to work on behalf of any 
candidate. Whoever violates this section shall be imprisoned not more 
than three years.

``Sec. 1035. Voting by aliens

  ``(a) Elements of Offense.--It shall be unlawful for any alien to 
vote in any election held solely or in part for the purpose of electing 
a candidate for the office of President, Vice President, Presidential 
elector, Member of the Senate, Member of the House of Representatives, 
Delegate from the District of Columbia, or Resident Commissioner, 
unless--
          ``(1) the election is held partly for some other purpose;
          ``(2) aliens are authorized to vote for such other purpose 
        under a State constitution or statute or a local ordinance; and
          ``(3) voting for such other purpose is conducted 
        independently of voting for a candidate for such Federal 
        offices, in such a manner that an alien has the opportunity to 
        vote for such other purpose, but not an opportunity to vote for 
        a candidate for any one or more of such Federal offices.
  ``(b) Punishment.--Whoever violates this section shall be imprisoned 
not more than one year.
  ``(c) Exclusion.--Subsection (a) does not apply to an alien if--
          ``(1) each natural parent of the alien (or, in the case of an 
        adopted alien, each adoptive parent of the alien) is or was a 
        citizen (whether by birth or naturalization);
          ``(2) the alien permanently resided in the United States 
        prior to attaining the age of 16; and
          ``(3) the alien reasonably believed at the time of voting in 
        violation of such subsection that he or she was a citizen of 
        the United States.

              ``SUBCHAPTER E--EMBLEMS, INSIGNIA, AND NAMES

``Sec.
``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.

``Sec. 1051. Desecration of the flag of the United States; penalties

  ``(a) Offense.--Whoever knowingly mutilates, defaces, physically 
defiles, burns, maintains on the floor or ground, or tramples upon any 
flag of the United States shall be imprisoned for not more than one 
year.
  ``(b) Exclusions.--This subsection does not prohibit any conduct 
consisting of the disposal of a flag when it has become worn or soiled.
  ``(c) Definition.--As used in this section, the term `flag of the 
United States' means any flag of the United States, or any part 
thereof, made of any substance, of any size, in a form that is commonly 
displayed.
  ``(d) Nonpreemption.--Nothing in this section shall be construed as 
indicating an intent on the part of Congress to deprive any State of 
jurisdiction over any offense over which it would have jurisdiction in 
the absence of this section.
  ``(e) Expedited Appeal.--
          ``(1) Nature of claim.--An appeal may be taken directly to 
        the Supreme Court of the United States from any interlocutory 
        or final judgment, decree, or order issued by a United States 
        district court ruling upon the constitutionality of subsection 
        (a).
  ``(2) Procedural expedition.--The Supreme Court shall, if it has not 
previously ruled on the question, accept jurisdiction over the appeal 
and advance on the docket and expedite to the greatest extent possible.

``Sec. 1052. Official badges, identification cards, other insignia

  ``Whoever manufactures, sells, or possesses any badge, identification 
card, or other insignia, of the design prescribed by the head of any 
department or agency of the United States for use by any officer or 
employee thereof, or any colorable imitation thereof, or photographs, 
prints, or in any other manner makes or executes any engraving, 
photograph, print, or impression in the likeness of any such badge, 
identification card, or other insignia, or any colorable imitation 
thereof, except as authorized under regulations made pursuant to law, 
shall be imprisoned not more than six months.

``Sec. 1053. Uniform of armed forces and Public Health Service

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

``Sec. 1054. Military medals or decorations

  ``(a) In General.--Whoever knowingly wears, purchases, attempts to 
purchase, solicits for purchase, mails, ships, imports, exports, 
produces blank certificates of receipt for, manufactures, sells, 
attempts to sell, advertises for sale, trades, barters, or exchanges 
for anything of value any decoration or medal authorized by Congress 
for the armed forces of the United States, or any of the service medals 
or badges awarded to the members of such forces, or the ribbon, button, 
or rosette of any such badge, decoration or medal, or any colorable 
imitation thereof, except when authorized under regulations made 
pursuant to law, shall be imprisoned not more than six months.
  ``(b) False Claim About Receipt of Military Decorations or Medals.--
Whoever falsely represents himself or herself, verbally or in writing, 
to have been awarded any decoration or medal authorized by Congress for 
the Armed Forces of the United States, any of the service medals or 
badges awarded to the members of such forces, the ribbon, button, or 
rosette of any such badge, decoration, or medal, or any colorable 
imitation of such item shall be imprisoned not more than six months.
  ``(c) Enhanced Penalty for Offenses Involving Congressional Medal of 
Honor.--
          ``(1) In general.--If a decoration or medal involved in an 
        offense under subsection (a) or (b) is a Congressional Medal of 
        Honor, in lieu of the punishment provided in that subsection, 
        the offender shall be imprisoned not more than 1 year.
          ``(2) Congressional medal of honor defined.--In this 
        subsection, the term `Congressional Medal of Honor' means--
                  ``(A) a medal of honor awarded under section 3741, 
                6241, or 8741 of title 10 or section 491 of title 14;
                  ``(B) a duplicate medal of honor issued under section 
                3754, 6256, or 8754 of title 10 or section 504 of title 
                14; or
                  ``(C) a replacement of a medal of honor provided 
                under section 3747, 6253, or 8747 of title 10 or 
                section 501 of title 14.
  ``(d) Enhanced Penalty for Offenses Involving Certain Other Medals.--
If a decoration or medal involved in an offense described in subsection 
(a) or (b) is a distinguished-service cross awarded under section 3742 
of title 10, a Navy cross awarded under section 6242 of title 10, an 
Air Force cross awarded under section 8742 of section 10, a silver star 
awarded under section 3746, 6244, or 8746 of title 10, a Purple Heart 
awarded under section 1129 of title 10, or any replacement or duplicate 
medal for such medal as authorized by law, in lieu of the punishment 
provided in the applicable subsection, the offender shall be imprisoned 
not more than 1 year.

``Sec. 1055. False advertising or misuse of names to indicate Federal 
                    agency

  ``(a) Offense.--Whoever--
          ``(1) except as permitted by the laws of the United States, 
        uses the words `national', `Federal', `United States', 
        `reserve', or `Deposit Insurance' as part of the business or 
        firm name of a person, corporation, partnership, business 
        trust, association or other business entity engaged in the 
        banking, loan, building and loan, brokerage, factorage, 
        insurance, indemnity, savings or trust business;
          ``(2) falsely advertises or represents, or publishes or 
        displays any sign, symbol or advertisement reasonably 
        calculated to convey the impression that a nonmember bank, 
        banking association, firm or partnership is a member of the 
        Federal reserve system;
          ``(3) except as expressly authorized by Federal law, uses the 
        words `Federal Deposit', `Federal Deposit Insurance', or 
        `Federal Deposit Insurance Corporation' or a combination of any 
        three of these words, as the name or a part thereof under which 
        he or it does business, or advertises or otherwise represents 
        falsely by any device whatsoever that his or its deposit 
        liabilities, obligations, certificates, or shares are insured 
        or guaranteed by the Federal Deposit Insurance Corporation, or 
        by the United States or by any instrumentality thereof, or 
        whoever advertises that his or its deposits, shares, or 
        accounts are federally insured, or falsely advertises or 
        otherwise represents by any device whatsoever the extent to 
        which or the manner in which the deposit liabilities of an 
        insured bank or banks are insured by the Federal Deposit 
        Insurance Corporation;
          ``(4) other than a bona fide organization or association of 
        Federal or State credit unions or except as permitted by the 
        laws of the United States, uses as a firm or business name or 
        transacts business using the words `National Credit Union', 
        `National Credit Union Administration', `National Credit Union 
        Board', `National Credit Union Share Insurance Fund', `Share 
        Insurance', or `Central Liquidity Facility', or the letters 
        `NCUA', `NCUSIF', or `CLF', or any other combination or 
        variation of those words or letters alone or with other words 
        or letters, or any device or symbol or other means, reasonably 
        calculated to convey the false impression that such name or 
        business has some connection with, or authorization from, the 
        National Credit Union Administration, the Government of the 
        United States, or any agency thereof, which does not in fact 
        exist, or falsely advertises or otherwise represents by any 
        device whatsoever that his or its business, product, or service 
        has been in any way endorsed, authorized, or approved by the 
        National Credit Union Administration, the Government of the 
        United States, or any agency thereof, or falsely advertises or 
        otherwise represents by any device whatsoever that his or its 
        deposit liabilities, obligations, certificates, shares, or 
        accounts are insured under the Federal Credit Union Act or by 
        the United States or any instrumentality thereof, or being an 
        insured credit union as defined in that Act falsely advertises 
        or otherwise represents by any device whatsoever the extent to 
        which or the manner in which share holdings in such credit 
        union are insured under such Act;
          ``(5) not being organized under the Farm Credit Act of 1971, 
        advertises or represents that it makes Federal Farm loans or 
        advertises or offers for sale as Federal Farm loan bonds any 
        bond not issued under the Farm Credit Act of 1971, or uses the 
        word `Federal' or the words `United States' or any other words 
        implying Government ownership, obligation or supervision in 
        advertising or offering for sale any bond, note, mortgage or 
        other security not issued by the Government of the United 
        States under the Farm Credit Act of 1971;
Whoever uses the words `Federal Home Loan Bank' or any combination or 
variation of these words alone or with other words as a business name 
or part of a business name, or falsely publishes, advertises or 
represents by any device or symbol or other means reasonably calculated 
to convey the impression that he or it is a Federal Home Loan Bank or 
member of or subscriber for the stock of a Federal Home Loan Bank;
          ``(6) uses the words `Federal intermediate credit bank' as 
        part of the business or firm name for any person, corporation, 
        partnership, business trust, association or other business 
        entity not organized as an intermediate credit bank under the 
        laws of the United States;
          ``(7) uses as a firm or business name the words `Department 
        of Housing and Urban Development', `Housing and Home Finance 
        Agency', `Federal Housing Administration', `Government National 
        Mortgage Association', `United States Housing Authority', or 
        `Public Housing Administration' or the letters `HUD', `FHA', 
        `PHA', or `USHA', or any combination or variation of those 
        words or the letters `HUD', `FHA', `PHA', or `USHA' alone or 
        with other words or letters reasonably calculated to convey the 
        false impression that such name or business has some connection 
        with, or authorization from, the Department of Housing and 
        Urban Development, the Housing and Home Finance Agency, the 
        Federal Housing Administration, the Government National 
        Mortgage Association, the United States Housing Authority, the 
        Public Housing Administration, the Government of the United 
        States, or any agency thereof, which does not in fact exist, or 
        falsely claims that any repair, improvement, or alteration of 
        any existing structure is required or recommended by the 
        Department of Housing and Urban Development, the Housing and 
        Home Finance Agency, the Federal Housing Administration, the 
        Government National Mortgage Association, the United States 
        Housing Authority, the Public Housing Administration, the 
        Government of the United States, or any agency thereof, for the 
        purpose of inducing any person to enter into a contract for the 
        making of such repairs, alterations, or improvements, or 
        falsely advertises or falsely represents by any device 
        whatsoever that any housing unit, project, business, or product 
        has been in any way endorsed, authorized, inspected, appraised, 
        or approved by the Department of Housing and Urban Development, 
        the Housing and Home Finance Agency, the Federal Housing 
        Administration, the Government National Mortgage Association, 
        the United States Housing Authority, the Public Housing 
        Administration, the Government of the United States, or any 
        agency thereof;
          ``(8) except with the written permission of the Director of 
        the Federal Bureau of Investigation, knowingly uses the words 
        `Federal Bureau of Investigation' or the initials `F.B.I.', or 
        any colorable imitation of such words or initials, in 
        connection with any advertisement, circular, book, pamphlet or 
        other publication, play, motion picture, broadcast, telecast, 
        or other production, in a manner reasonably calculated to 
        convey the impression that such advertisement, circular, book, 
        pamphlet or other publication, play, motion picture, broadcast, 
        telecast, or other production, is approved, endorsed, or 
        authorized by the Federal Bureau of Investigation;
          ``(9) except with written permission of the Director of the 
        United States Secret Service, knowingly uses the words `Secret 
        Service', `Secret Service Uniformed Division', the initials 
        `U.S.S.S.', `U.D.', or any colorable imitation of such words or 
        initials, in connection with, or as a part of any 
        advertisement, circular, book, pamphlet or other publication, 
        play, motion picture, broadcast, telecast, other production, 
        product, or item, in a manner reasonably calculated to convey 
        the impression that such advertisement, circular, book, 
        pamphlet or other publication, product, or item, is approved, 
        endorsed, or authorized by or associated in any manner with, 
        the United States Secret Service, or the United States Secret 
        Service Uniformed Division;
          ``(10) except with the written permission of the Director of 
        the United States Mint, knowingly uses the words `United States 
        Mint' or `U.S. Mint' or any colorable imitation of such words, 
        in connection with any advertisement, circular, book, pamphlet, 
        or other publication, play, motion picture, broadcast, 
        telecast, or other production, in a manner reasonably 
        calculated to convey the impression that such advertisement, 
        circular, book, pamphlet, or other publication, play, motion 
        picture, broadcast, telecast, or other production, is approved, 
        endorsed, or authorized by or associated in any manner with, 
        the United States Mint;
          ``(11) uses the words `Overseas Private Investment', 
        `Overseas Private Investment Corporation', or `OPIC', as part 
        of the business or firm name of a person, corporation, 
        partnership, business trust, association, or business entity;
          ``(12) except with the written permission of the 
        Administrator of the Drug Enforcement Administration, knowingly 
        uses the words `Drug Enforcement Administration' or the 
        initials `DEA' or any colorable imitation of such words or 
        initials, in connection with any advertisement, circular, book, 
        pamphlet, software or other publication, play, motion picture, 
        broadcast, telecast, or other production, in a manner 
        reasonably calculated to convey the impression that such 
        advertisement, circular, book, pamphlet, software or other 
        publication, play, motion picture, broadcast, telecast, or 
        other production is approved, endorsed, or authorized by the 
        Drug Enforcement Administration; or
  ``(13) except with the written permission of the Director of the 
United States Marshals Service, knowingly uses the words `United States 
Marshals Service', `U.S. Marshals Service', `United States Marshal', 
`U.S. Marshal', `U.S.M.S.', or any colorable imitation of any such 
words, or the likeness of a United States Marshals Service badge, logo, 
or insignia on any item of apparel, in connection with any 
advertisement, circular, book, pamphlet, software, or other 
publication, or any play, motion picture, broadcast, telecast, or other 
production, in a manner that is reasonably calculated to convey the 
impression that the wearer of the item of apparel is acting pursuant to 
the legal authority of the United States Marshals Service, or to convey 
the impression that such advertisement, circular, book, pamphlet, 
software, or other publication, or such play, motion picture, 
broadcast, telecast, or other production, is approved, endorsed, or 
authorized by the United States Marshals Service;
shall be imprisoned not more than one year.
  ``(b) Exclusions.--
          ``(1) Lawful before enactment.--This section does not make 
        unlawful the use of any name or title which was lawful on June 
        25, 1948.
          ``(2) Insurance.--This section shall not make unlawful the 
        use of the word `national' as part of the name of any business 
        or firm engaged in the insurance or indemnity business, whether 
        such firm was engaged in the insurance or indemnity business 
        prior or subsequent to the date of enactment of this paragraph.
  ``(c) Enjoining of Violation.--A violation of this section may be 
enjoined at the suit of the United States Attorney, upon complaint by 
any duly authorized representative of any department or agency of the 
United States.

``Sec. 1056. Misuse of names, words, emblems, or insignia

  ``Whoever, in the course of collecting or aiding in the collection of 
private debts or obligations, or being engaged in furnishing private 
police, investigation, or other private detective services, uses or 
employs in any communication, correspondence, notice, advertisement, or 
circular the words `national', `Federal', or `United States', the 
initials `U.S.', or any emblem, insignia, or name, for the purpose of 
conveying and in a manner reasonably calculated to convey the false 
impression that such communication is from a department, agency, 
bureau, or instrumentality of the United States or in any manner 
represents the United States, shall be imprisoned not more than one 
year.

``Sec. 1057. Use of likenesses of the great seal of the United States, 
                    the seals of the President and Vice President, the 
                    seal of the United States Senate, the seal of the 
                    United States House of Representatives, and the 
                    seal of the United States Congress

  ``(a) Display.--Whoever knowingly displays any printed or other 
likeness of the great seal of the United States, or of the seals of the 
President or the Vice President of the United States, or the seal of 
the United States Senate, or the seal of the United States House of 
Representatives, or the seal of the United States Congress, or any 
facsimile thereof, in, or in connection with, any advertisement, 
poster, circular, book, pamphlet, or other publication, public meeting, 
play, motion picture, telecast, or other production, or on any 
building, monument, or stationery, for the purpose of conveying, or in 
a manner reasonably calculated to convey, a false impression of 
sponsorship or approval by the Government of the United States or by 
any department, agency, or instrumentality thereof, shall be imprisoned 
not more than six months.
  ``(b) Likeness on Articles.--Whoever, except as authorized under 
regulations promulgated by the President and published in the Federal 
Register, knowingly manufactures, reproduces, sells, or purchases for 
resale, either separately or appended to any article manufactured or 
sold, any likeness of the seals of the President or Vice President, or 
any substantial part thereof, except for manufacture or sale of the 
article for the official use of the Government of the United States, 
shall be imprisoned not more than six months.
  ``(c) Seal of the United States.--Whoever, except as directed by the 
United States Senate, or the Secretary of the Senate on its behalf, 
knowingly uses, manufactures, reproduces, sells or purchases for 
resale, either separately or appended to any article manufactured or 
sold, any likeness of the seal of the United States Senate, or any 
substantial part thereof, except for manufacture or sale of the article 
for the official use of the Government of the United States, shall be 
imprisoned not more than six months.
  ``(d) Seal of United States House of Representatives.--Whoever, 
except as directed by the United States House of Representatives, or 
the Clerk of the House of Representatives on its behalf, knowingly 
uses, manufactures, reproduces, sells or purchases for resale, either 
separately or appended to any article manufactured or sold, any 
likeness of the seal of the United States House of Representatives, or 
any substantial part thereof, except for manufacture or sale of the 
article for the official use of the Government of the United States, 
shall be imprisoned not more than six months.
  ``(e) Seal of Congress.--Whoever, except as directed by the United 
States Congress, or the Secretary of the Senate and the Clerk of the 
House of Representatives, acting jointly on its behalf, knowingly uses, 
manufactures, reproduces, sells or purchases for resale, either 
separately or appended to any article manufactured or sold, any 
likeness of the seal of the United States Congress, or any substantial 
part thereof, except for manufacture or sale of the article for the 
official use of the Government of the United States, shall be 
imprisoned not more than six months.
  ``(f) Violation May Be Enjoined.--A violation of the provisions of 
this section may be enjoined at the suit of the Attorney General--
          ``(1) in the case of the great seal of the United States and 
        the seals of the President and Vice President, upon complaint 
        by any authorized representative of any department or agency of 
        the United States;
          ``(2) in the case of the seal of the United States Senate, 
        upon complaint by the Secretary of the Senate;
          ``(3) in the case of the seal of the United States House of 
        Representatives, upon complaint by the Clerk of the House of 
        Representatives; and
          ``(4) in the case of the seal of the United States Congress, 
        upon complaint by the Secretary of the Senate and the Clerk of 
        the House of Representatives, acting jointly.

``Sec. 1058. Public employee insignia and uniform

  ``(a) Whoever--
          ``(1) knowingly transfers, transports, or receives, in 
        interstate or foreign commerce, a counterfeit official insignia 
        or uniform;
          ``(2) knowingly transfers, in interstate or foreign commerce, 
        a genuine official insignia or uniform to an individual, 
        knowing that such individual is not authorized to possess it 
        under the law of the place in which the badge is the official 
        insignia or uniform;
          ``(3) knowingly receives a genuine official insignia or 
        uniform in a transfer prohibited by paragraph (2); or
          ``(4) being a person not authorized to possess a genuine 
        official insignia or uniform under the law of the place in 
        which the badge is the official insignia or uniform, knowingly 
        transports that badge in interstate or foreign commerce,
shall be imprisoned not more than 6 months.
  ``(b) It is a defense to a prosecution under this section that the 
insignia or uniform is other than a counterfeit insignia or uniform and 
is not used to mislead or deceive, or is used or is intended to be used 
exclusively--
          ``(1) as a memento, or in a collection or exhibit;
          ``(2) for decorative purposes;
          ``(3) for a dramatic presentation, such as a theatrical, 
        film, or television production; or
          ``(4) for any other recreational purpose.
  ``(c) It is a defense to a prosecution under this section that the 
official insignia or uniform is not used or intended to be used to 
mislead or deceive, or is a counterfeit insignia or uniform and is used 
or is intended to be used exclusively--
          ``(1) for a dramatic presentation, such as a theatrical, 
        film, or television production; or
          ``(2) for legitimate law enforcement purposes.
  ``(d) As used in this section--
          ``(1) the term `genuine police badge' means an official badge 
        issued by public authority to identify an individual as a law 
        enforcement officer having police powers;
          ``(2) the term `counterfeit police badge' means an item that 
        so resembles a police badge that it would deceive an ordinary 
        individual into believing it was a genuine police badge; and
          ``(3) the term `official insignia or uniform' means an 
        article of distinctive clothing or insignia, including a badge, 
        emblem or identification card, that is an indicium of the 
        authority of a public employee;
          ``(4) the term `public employee' means any officer or 
        employee of the Federal Government or of a State or local 
        government; and
          ``(5) the term `uniform' means distinctive clothing or other 
        items of dress, whether real or counterfeit, worn during the 
        performance of official duties and which identifies the wearer 
        as a public agency employee.

                   ``SUBCHAPTER F--ESCAPE AND RESCUE

``Sec.
``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.

``Sec. 1071. Prisoners in custody of institution or officer

  ``(a) Adults.--Whoever escapes or attempts to escape from the custody 
of the Attorney General or his authorized representative, or from any 
institution or facility in which he is confined by direction of the 
Attorney General, or from any custody under or by virtue of any process 
issued under the laws of the United States by any court, judge, or 
magistrate judge, or from the custody of an officer or employee of the 
United States pursuant to lawful arrest, shall, if the custody or 
confinement is by virtue of an arrest on a charge of felony, or 
conviction of any offense, be imprisoned not more than five years; or 
if the custody or confinement is for extradition, or for exclusion or 
expulsion proceedings under the immigration laws, or by virtue of an 
arrest or charge of or for a misdemeanor, and prior to conviction, be 
imprisoned not more than one year.
  ``(b) Juveniles.--Whoever escapes or attempts to escape from the 
custody of the Attorney General or his authorized representative, or 
from any institution or facility in which he is confined by direction 
of the Attorney General, or from any custody under or by virtue of any 
process issued under the laws of the United States by any court, judge, 
or magistrate judge, or from the custody of an officer or employee of 
the United States pursuant to lawful arrest, shall, if the custody or 
confinement is by virtue of a lawful arrest for a violation of any law 
of the United States not punishable by death or life imprisonment and 
committed before such person's eighteenth birthday, and as to whom the 
Attorney General has not specifically directed the institution of 
criminal proceedings, or by virtue of a commitment as a juvenile 
delinquent under section 5034 of this title, be imprisoned not more 
than one year. Nothing in this section affects the discretionary 
authority vested in the Attorney General pursuant to section 5032 of 
this title.

``Sec. 1072. Instigating or assisting escape

  ``(a) Adults.--Whoever rescues or attempts to rescue or instigates, 
aids or assists the escape, or attempt to escape, of any person 
arrested upon a warrant or other process issued under any law of the 
United States, or committed to the custody of the Attorney General or 
to any institution or facility by his direction, shall, if the custody 
or confinement is by virtue of an arrest on a charge of felony, or 
conviction of any offense, be imprisoned not more than five years; or, 
if the custody or confinement is for extradition, or for exclusion or 
expulsion proceedings under the immigration laws, or by virtue of an 
arrest or charge of or for a misdemeanor, and prior to conviction, be 
imprisoned not more than one year.
  ``(b) Juveniles.--Whoever rescues or attempts to rescue or 
instigates, aids, or assists the escape or attempted escape of any 
person in the custody of the Attorney General or his authorized 
representative, or of any person arrested upon a warrant or other 
process issued under any law of the United States or from any 
institution or facility in which he is confined by direction of the 
Attorney General, shall, if the custody or confinement is by virtue of 
a lawful arrest for a violation of any law of the United States not 
punishable by death or life imprisonment and committed before such 
person's eighteenth birthday, and as to whom the Attorney General has 
not specifically directed the institution of criminal proceedings, or 
by virtue of a commitment as a juvenile delinquent under section 5034 
of this title, be imprisoned not more than one year.

``Sec. 1073. Officer permitting escape

  ``Whoever, having in his custody any prisoner by virtue of process 
issued under the laws of the United States by any court, judge, or 
magistrate judge, voluntarily suffers such prisoner to escape, shall be 
imprisoned not more than 5 years; or if he negligently suffers such 
person to escape, he shall be imprisoned not more than one year.

``Sec. 1074. High speed flight from immigration checkpoint

  ``Whoever flees or evades a checkpoint operated by the Immigration 
and Naturalization Service, or any other Federal law enforcement 
agency, in a motor vehicle and flees Federal, State, or local law 
enforcement agents in excess of the legal speed limit shall be 
imprisoned not more than five years.

``Sec. 1075. Escape from hospitalization

  ``Whoever escapes or attempts to escape from the custody of any 
facility or from any place in which or to which he is confined pursuant 
to this section 1826 of title 28 or section 4243 of this title, or 
whoever rescues or attempts to rescue or instigates, aids, or assists 
the escape or attempt to escape of such a person, shall be imprisoned 
not more than three years.

                   ``SUBCHAPTER G--FALSE PERSONATION

``Sec.
``1091.  Citizen of the United States.
``1092.  Officer or employee of the United States.
``1093.  Impersonator making arrest or search.

``Sec. 1091. Citizen of the United States

  ``Whoever falsely represents oneself to be a citizen of the United 
States shall be imprisoned not more than three years.

``Sec. 1092. Officer or employee of the United States

  ``Whoever falsely assumes or pretends to be an officer or employee 
acting under the authority of the United States or any department, 
agency or officer thereof, and acts as such, or in such pretended 
character demands or obtains any money, paper, document, or thing of 
value, shall be imprisoned not more than three years.

``Sec. 1093. Impersonator making arrest or search

  ``Whoever falsely represents oneself to be an officer, agent, or 
employee of the United States, and in such assumed character arrests or 
detains any person or in any manner searches the person, buildings, or 
other property of any person, shall be imprisoned not more than three 
years.

                 ``SUBCHAPTER H--FUGITIVES FROM JUSTICE

``Sec.
``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.

``Sec. 1101. Concealing person from arrest

  ``Whoever harbors or conceals any person for whose arrest a warrant 
or process has been issued under the provisions of any law of the 
United States, so as to prevent his discovery and arrest, after notice 
or knowledge of the fact that a warrant or process has been issued for 
the apprehension of such person, shall be imprisoned not more than one 
year; except that if the warrant or process issued on a charge of 
felony, or after conviction of such person of any offense, the 
punishment shall be a fine under this title, or imprisonment for not 
more than five years, or both.

``Sec. 1102. Concealing escaped prisoner

  ``Whoever harbors or conceals any prisoner after that prisoner's 
escape from the custody of the Attorney General or from a Federal penal 
or correctional institution, shall be imprisoned not more than three 
years.

``Sec. 1103. Flight to avoid prosecution or giving testimony

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

``Sec. 1104. Flight to avoid prosecution for damaging or destroying any 
                    building or other real or personal property

  ``(a) Offense.--Whoever moves or travels in interstate or foreign 
commerce with intent--
          ``(1) to avoid prosecution, or custody, or confinement after 
        conviction, under the laws of the place from which he flees, 
        for attempting to or damaging or destroying by fire or 
        explosive any building, structure, facility, vehicle, dwelling 
        house, synagogue, church, religious center or educational 
        institution, public or private; or
          ``(2) to avoid giving testimony in any criminal proceeding 
        relating to any such offense;
shall be imprisoned not more than five years.
  ``(b) Venue.--Violations of this section may be prosecuted in the 
Federal judicial district in which the original crime was alleged to 
have been committed or in which the person was held in custody or 
confinement.
  ``(c) Rule of Construction.--This section shall not be construed as 
indicating an intent on the part of Congress to prevent the exercise by 
a State of any jurisdiction over any offense over which that State 
would have jurisdiction in the absence of such section.

                 ``SUBCHAPTER I--OBSTRUCTION OF JUSTICE

``Sec.
``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.

``Sec. 1131. Assault on process server

  ``Whoever--
          ``(1) knowingly obstructs, resists, or opposes any officer of 
        the United States, or other person duly authorized, in serving, 
        or attempting to serve or execute, any legal or judicial writ 
        or process of any court of the United States, or United States 
        magistrate judge; or
          ``(2) assaults, beats, or wounds any officer or other person 
        duly authorized, knowing him to be such officer, or other 
        person so duly authorized, in serving or executing any such 
        writ, rule, order, process, warrant, or other legal or judicial 
        writ or process;
shall, except as otherwise provided by law, be imprisoned not more than 
one year.

``Sec. 1132. Influencing or injuring officer or juror generally

  ``(a) Elements of the Offense.--Whoever corruptly, or by threats or 
force, or by any threatening letter or communication, endeavors to 
influence, intimidate, or impede any grand or petit juror, or officer 
in or of any court of the United States, or officer who may be serving 
at any examination or other proceeding before any United States 
magistrate judge or other committing magistrate, in the discharge of 
duty, or injures any such grand or petit juror in his or her person or 
property on account of any verdict or indictment assented to by him or 
her, or on account of being or having been such juror, or injures any 
such officer, magistrate judge, or other committing magistrate in his 
or her person or property on account of the performance of his official 
duties, or corruptly or by threats or force, or by any threatening 
letter or communication, influences, obstructs, or impedes, or 
endeavors to influence, obstruct, or impede, the due administration of 
justice, shall be punished as provided in subsection (b). If the 
offense under this section occurs in connection with a trial of a 
criminal case, and the act in violation of this section involves the 
threat of physical force or physical force, the maximum term of 
imprisonment which may be imposed for the offense shall be the higher 
of that otherwise provided by law or the maximum term that could have 
been imposed for any offense charged in such case.
  ``(b) Punishment.--The punishment for an offense under this section 
is--
          ``(1) in the case of a killing, the punishment provided in 
        chapter 10;
          ``(2) in the case of an attempted killing, or a case in which 
        the offense was committed against a petit juror and, 
        imprisonment for not more than 20 years; and
          ``(3) in any other case, imprisonment for not more than 10 
        years.

``Sec. 1133. Obstruction of proceedings before departments, agencies, 
                    and committees

  ``Whoever--
          ``(1) with intent to avoid, evade, prevent, or obstruct 
        compliance, in whole or in part, with any civil investigative 
        demand duly and properly made under the Antitrust Civil Process 
        Act, knowingly withholds, misrepresents, removes from any 
        place, conceals, covers up, destroys, mutilates, alters, or by 
        other means falsifies any documentary material, answers to 
        written interrogatories, or oral testimony, which is the 
        subject of such demand; or attempts to do so or solicits 
        another to do so; or
          ``(2) corruptly, or by threats or force, or by any 
        threatening letter or communication influences, obstructs, or 
        impedes the due and proper administration of the law under 
        which any pending proceeding is being had before any department 
        or agency of the United States, or the due and proper exercise 
        of the power of inquiry under which any inquiry or 
        investigation is being had by either House, or any committee of 
        either House or any joint committee of the Congress;
shall be imprisoned not more than 5 years or, if the offense involves 
international or domestic terrorism (as defined in section 283), 
imprisoned not more than 8 years.

``Sec. 1134. Obstruction of court orders

  ``(a) Offense.--Whoever, by threats or force, knowingly prevents, 
obstructs, impedes, or interferes with the due exercise of rights or 
the performance of duties under any order, judgment, or decree of a 
court of the United States, shall be imprisoned not more than one year.
  ``(b) Injunctive and Other Relief Available.--No injunctive or other 
civil relief against the conduct made criminal by this section shall be 
denied on the ground that such conduct is a crime.

``Sec. 1135. Obstruction of criminal investigations

  ``(a) In General.--Whoever knowingly attempts by means of bribery to 
obstruct, delay, or prevent the communication of information relating 
to a violation of any criminal statute of the United States by any 
person to a criminal investigator shall be imprisoned not more than 
five years.
  ``(b) Financial Institutions.--(1) Whoever, being an officer of a 
financial institution, with the intent to obstruct a judicial 
proceeding, notifies any other person about the existence or contents 
of a subpoena for records of that financial institution, or information 
that has been furnished to the grand jury in response to that subpoena, 
shall be imprisoned not more than 5 years.
  ``(2) Whoever, being an officer of a financial institution notifies--
          ``(A) a customer of that financial institution whose records 
        are sought by a grand jury subpoena; or
          ``(B) any other person named in that subpoena;
about the existence or contents of that subpoena or information that 
has been furnished to the grand jury in response to that subpoena, 
shall be imprisoned not more than one year.
  ``(3) As used in this subsection--
          ``(A) the term `an officer of a financial institution' means 
        an officer, director, partner, employee, agent, or attorney of 
        or for a financial institution; and
          ``(B) the term `subpoena for records' means a Federal grand 
        jury subpoena or a Department of Justice subpoena (issued under 
        section 3486 of title 18), for customer records that has been 
        served relating to a violation of, or a conspiracy to violate--
                  ``(i) section 1003, 644, 645, 773, 774, 775, 779, 
                804, 1451, 1452, or chapter 53 of title 31; or
                  ``(ii) section 801 or 803 affecting a financial 
                institution.
  ``(c) Definition.--As used in this section, the term `criminal 
investigator' means any individual duly authorized by a department, 
agency, or armed force of the United States to conduct or engage in 
investigations of or prosecutions for violations of the criminal laws 
of the United States.
  ``(d) Insurance.--(1) Whoever--
          ``(A) acting as, or being, an officer, director, agent or 
        employee of a person engaged in the business of insurance whose 
        activities affect interstate commerce, or
          ``(B) is engaged in the business of insurance whose 
        activities affect interstate commerce or is involved (other 
        than as an insured or beneficiary under a policy of insurance) 
        in a transaction relating to the conduct of affairs of such a 
        business,
with intent to obstruct a judicial proceeding, notifies any other 
person about the existence or contents of a subpoena for records of 
that person engaged in such business or information that has been 
furnished to a Federal grand jury in response to that subpoena, shall 
be imprisoned not more than 5 years.
  ``(2) As used in paragraph (1), the term `subpoena for records' means 
a Federal grand jury subpoena for records that has been served relating 
to a violation of, or a conspiracy to violate, section 1033 of this 
title.
  ``(e) Whoever, having been notified of the applicable disclosure 
prohibitions or confidentiality requirements of section 2709(c)(1) of 
this title, section 626(d)(1) or 627(c)(1) of the Fair Credit Reporting 
Act (15 U.S.C. 1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or 
1114(a)(5)(D)(i) of the Right to Financial Privacy Act (12 U.S.C. 
3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section 802(b)(1) of the 
National Security Act of 1947 (50 U.S.C. 436(b)(1)), knowingly and with 
the intent to obstruct an investigation or judicial proceeding violates 
such prohibitions or requirements applicable by law to such person 
shall be imprisoned for not more than five years.

``Sec. 1136. Obstruction of State or local law enforcement with regard 
                    to illegal gambling business

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

``Sec. 1137. Tampering with a witness, victim, or an informant

  ``(a) Violent Offense.--
          ``(1) Killing.--Whoever kills or attempts to kill another 
        person, with intent to--
                  ``(A) prevent the attendance or testimony of any 
                person in an official proceeding;
                  ``(B) prevent the production of a record, document, 
                or other object, in an official proceeding; or
                  ``(C) prevent the communication by any person to a 
                law enforcement officer or judge of the United States 
                of information relating to the commission or possible 
                commission of a Federal offense or a violation of 
                conditions of probation, parole, or release pending 
                judicial proceedings;
shall be punished as provided in paragraph (3).
          ``(2) Use or Threat of Physical Force.--Whoever uses physical 
        force or the threat of physical force against any person, or 
        attempts to do so, with intent to--
                  ``(A) influence, delay, or prevent the testimony of 
                any person in an official proceeding;
                  ``(B) cause or induce any person to--
                          ``(i) withhold testimony, or withhold a 
                        record, document, or other object, from an 
                        official proceeding;
                          ``(ii) alter, destroy, mutilate, or conceal 
                        an object with intent to impair the integrity 
                        or availability of the object for use in an 
                        official proceeding;
                          ``(iii) evade legal process summoning that 
                        person to appear as a witness, or to produce a 
                        record, document, or other object, in an 
                        official proceeding; or
                          ``(iv) be absent from an official proceeding 
                        to which that person has been summoned by legal 
                        process; or
                  ``(C) hinder, delay, or prevent the communication to 
                a law enforcement officer or judge of the United States 
                of information relating to the commission or possible 
                commission of a Federal offense or a violation of 
                conditions of probation, supervised release, parole, or 
                release pending judicial proceedings;
        shall be punished as provided in paragraph (3).
          ``(3) Punishment.--The punishment for an offense under this 
        subsection is--
                  ``(A) the same as provided for a like offense in 
                chapter 10; and
                  ``(B) in the case of the threat of use of physical 
                force against any person, imprisonment for not more 
                than 10 years.
  ``(b) Nonviolent Offenses Involving Other Persons.--Whoever knowingly 
uses intimidation, threatens, or corruptly persuades another person, or 
attempts to do so, or engages in misleading conduct toward another 
person, with intent to--
          ``(1) influence, delay, or prevent the testimony of any 
        person in an official proceeding;
          ``(2) cause or induce any person to--
                  ``(A) withhold testimony, or withhold a record, 
                document, or other object, from an official proceeding;
                  ``(B) alter, destroy, mutilate, or conceal an object 
                with intent to impair the object's integrity or 
                availability for use in an official proceeding;
                  ``(C) evade legal process summoning that person to 
                appear as a witness, or to produce a record, document, 
                or other object, in an official proceeding; or
                  ``(D) be absent from an official proceeding to which 
                such person has been summoned by legal process; or
          ``(3) hinder, delay, or prevent the communication to a law 
        enforcement officer or judge of the United States of 
        information relating to the commission or possible commission 
        of a Federal offense or a violation of conditions of probation, 
        supervised release, parole, or release pending judicial 
        proceedings.
  ``(c) Nonviolent Offenses Not Involving Other Persons.--Whoever 
corruptly--
          ``(1) alters, destroys, mutilates, or conceals a record, 
        document, or other object, or attempts to do so, with the 
        intent to impair the object's integrity or availability for use 
        in an official proceeding; or
          ``(2) otherwise obstructs, influences, or impedes any 
        official proceeding, or attempts to do so,
shall be imprisoned not more than 20 years.
  ``(d) Harassment.--Whoever intentionally harasses another person and 
thereby hinders, delays, prevents, or dissuades any person from--
          ``(1) attending or testifying in an official proceeding;
          ``(2) reporting to a law enforcement officer or judge of the 
        United States the commission or possible commission of a 
        Federal offense or a violation of conditions of probation, 
        supervised release, parole, or release pending judicial 
        proceedings;
          ``(3) arresting or seeking the arrest of another person in 
        connection with a Federal offense; or
          ``(4) causing a criminal prosecution, or a parole or 
        probation revocation proceeding, to be sought or instituted, or 
        assisting in such prosecution or proceeding;
or attempts to do so, shall be imprisoned not more than one year.
  ``(e) Affirmative Defense.--In a prosecution for an offense under 
this section, it is an affirmative defense, that the conduct consisted 
solely of lawful conduct and that the defendant's sole intention was to 
encourage, induce, or cause the other person to testify truthfully.
  ``(f) Special Rules.--For the purposes of this section--
          ``(1) an official proceeding need not be pending or about to 
        be instituted at the time of the offense; and
          ``(2) the testimony, or the record, document, or other object 
        need not be admissible in evidence or free of a claim of 
        privilege.
  ``(g) State of Mind.--In a prosecution for an offense under this 
section, no state of mind need be proved with respect to the 
circumstance--
          ``(1) that the official proceeding before a judge, court, 
        magistrate judge, grand jury, or government agency is before a 
        judge or court of the United States, a United States magistrate 
        judge, a bankruptcy judge, a Federal grand jury, or a Federal 
        Government agency; or
          ``(2) that the judge is a judge of the United States or that 
        the law enforcement officer is an officer or employee of the 
        Federal Government or a person authorized to act for or on 
        behalf of the Federal Government or serving the Federal 
        Government as an adviser or consultant.
  ``(h) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over an offense under this section.
  ``(i) Venue.--A prosecution under this section or section 1132 may be 
brought in the district in which the official proceeding (whether or 
not pending or about to be instituted) was intended to be affected or 
in the district in which the conduct constituting the alleged offense 
occurred.
  ``(j) Increased Punishment.--If the offense under this section occurs 
in connection with a trial of a criminal case, the maximum term of 
imprisonment which may be imposed for the offense shall be the higher 
of that otherwise provided by law or the maximum term that could have 
been imposed for any offense charged in such case.

``Sec. 1138. Retaliating against a witness, victim, or an informant

  ``(a) Offenses Involving Killing.--
          ``(1) Elements of the offense.--Whoever kills another person 
        with intent to retaliate against any person for--
                  ``(A) the attendance of a witness or party at an 
                official proceeding, or any testimony given or any 
                record, document, or other object produced by a witness 
                in an official proceeding; or
                  ``(B) providing to a law enforcement officer any 
                information relating to the commission or possible 
                commission of a Federal offense or a violation of 
                conditions of probation, supervised release, parole, or 
                release pending judicial proceedings.
          ``(2) Punishment.--The punishment for an offense under this 
        subsection is the same as for a like offense under chapter 10.
  ``(b) Offenses Involving Bodily Injury.--Whoever knowingly engages in 
any conduct and thereby causes bodily injury to another person or 
damages the tangible property of another person, or threatens to do so, 
with intent to retaliate against any person for--
          ``(1) the attendance of a witness or party at an official 
        proceeding, or any testimony given or any record, document, or 
        other object produced by a witness in an official proceeding; 
        or
          ``(2) any information relating to the commission or possible 
        commission of a Federal offense or a violation of conditions of 
        probation, supervised release, parole, or release pending 
        judicial proceedings given by a person to a law enforcement 
        officer;
  ``(c) Increased Punishment.--If the retaliation occurred because of 
attendance at or testimony in a criminal case, the maximum term of 
imprisonment which may be imposed for the offense under this section 
shall be the higher of that otherwise provided by law or the maximum 
term that could have been imposed for any offense charged in such case.
  ``(d) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over an offense under this section.
  ``(e) Other Retaliation.-- Whoever knowingly, with the intent to 
retaliate, takes any action harmful to any person, including 
interference with the lawful employment or livelihood of any person, 
for providing to a law enforcement officer any truthful information 
relating to the commission or possible commission of any Federal 
offense, shall be imprisoned not more than 10 years.

``Sec. 1139. Civil action to restrain harassment of a victim or witness

  ``(a) Temporary Restraining Order.--(1) A United States district 
court, upon application of the attorney for the Government, shall issue 
a temporary restraining order prohibiting harassment of a victim or 
witness in a Federal criminal case if the court finds, from specific 
facts shown by affidavit or by verified complaint, that there are 
reasonable grounds to believe that harassment of an identified victim 
or witness in a Federal criminal case exists or that such order is 
necessary to prevent and restrain an offense under section 1137 of this 
title, other than an offense consisting of misleading conduct, or under 
section 1138 of this title.
  ``(2)(A) A temporary restraining order may be issued under this 
section without written or oral notice to the adverse party or such 
party's attorney in a civil action under this section if the court 
finds, upon written certification of facts by the attorney for the 
Government, that such notice should not be required and that there is a 
reasonable probability that the Government will prevail on the merits.
  ``(B) A temporary restraining order issued without notice under this 
section shall be endorsed with the date and hour of issuance and be 
filed forthwith in the office of the clerk of the court issuing the 
order.
  ``(C) A temporary restraining order issued under this section shall 
expire at such time, not to exceed 10 days from issuance, as the court 
directs; the court, for good cause shown before expiration of such 
order, may extend the expiration date of the order for up to 10 days or 
for such longer period agreed to by the adverse party.
  ``(D) When a temporary restraining order is issued without notice, 
the motion for a protective order shall be set down for hearing at the 
earliest possible time and takes precedence over all matters except 
older matters of the same character, and when such motion comes on for 
hearing, if the attorney for the Government does not proceed with the 
application for a protective order, the court shall dissolve the 
temporary restraining order.
  ``(E) If on two days notice to the attorney for the Government or on 
such shorter notice as the court may prescribe, the adverse party 
appears and moves to dissolve or modify the temporary restraining 
order, the court shall proceed to hear and determine such motion as 
expeditiously as the ends of justice require.
  ``(F) A temporary restraining order shall set forth the reasons for 
the issuance of such order, be specific in terms, and describe in 
reasonable detail (and not by reference to the complaint or other 
document) the act or acts being restrained.
  ``(b) Protective Order.--(1) A United States district court, upon 
motion of the attorney for the Government, shall issue a protective 
order prohibiting harassment of a victim or witness in a Federal 
criminal case if the court, after a hearing, finds by a preponderance 
of the evidence that harassment of an identified victim or witness in a 
Federal criminal case exists or that such order is necessary to prevent 
and restrain an offense under section 1137 of this title, other than an 
offense consisting of misleading conduct, or under section 1138 of this 
title.
  ``(2) At the hearing referred to in paragraph (1) of this subsection, 
any adverse party named in the complaint shall have the right to 
present evidence and cross-examine witnesses.
  ``(3) A protective order shall set forth the reasons for the issuance 
of such order, be specific in terms, describe in reasonable detail (and 
not by reference to the complaint or other document) the act or acts 
being restrained.
  ``(4) The court shall set the duration of effect of the protective 
order for such period as the court determines necessary to prevent 
harassment of the victim or witness but in no case for a period in 
excess of three years from the date of such order's issuance. The 
attorney for the Government may, at any time within ninety days before 
the expiration of such order, apply for a new protective order under 
this section.
  ``(c) Definitions.--As used in this section--
          ``(1) the term `harassment' means a course of conduct 
        directed at a specific person that--
                  ``(A) causes substantial emotional distress in such 
                person; and
                  ``(B) serves no legitimate purpose; and
          ``(2) the term `course of conduct' means a series of acts 
        over a period of time, however short, indicating a continuity 
        of purpose.

``Sec. 1140. Civil action to protect against retaliation in fraud cases

  ``(a) Whistleblower Protection for Employees of Publicly Traded 
Companies.--No company with a class of securities registered under 
section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l), or 
that is required to file reports under section 15(d) of the Securities 
Exchange Act of 1934 (15 U.S.C. 78o(d)), or any officer, employee, 
contractor, subcontractor, or agent of such company, may discharge, 
demote, suspend, threaten, harass, or in any other manner discriminate 
against an employee in the terms and conditions of employment because 
of any lawful act done by the employee--
          ``(1) to provide information, cause information to be 
        provided, or otherwise assist in an investigation regarding any 
        conduct which the employee reasonably believes constitutes a 
        violation of section 801, 803, 804, or 807, any rule or 
        regulation of the Securities and Exchange Commission, or any 
        provision of Federal law relating to fraud against 
        shareholders, when the information or assistance is provided to 
        or the investigation is conducted by--
                  ``(A) a Federal regulatory or law enforcement agency;
                  ``(B) any Member of Congress or any committee of 
                Congress; or
                  ``(C) a person with supervisory authority over the 
                employee (or such other person working for the employer 
                who has the authority to investigate, discover, or 
                terminate misconduct); or
          ``(2) to file, cause to be filed, testify, participate in, or 
        otherwise assist in a proceeding filed or about to be filed 
        (with any knowledge of the employer) relating to an alleged 
        violation of section 801, 803, 804, or 807, any rule or 
        regulation of the Securities and Exchange Commission, or any 
        provision of Federal law relating to fraud against 
        shareholders.
  ``(b) Enforcement Action.--
          ``(1) In general.--A person who alleges discharge or other 
        discrimination by any person in violation of subsection (a) may 
        seek relief under subsection (c), by--
                  ``(A) filing a complaint with the Secretary of Labor; 
                or
                  ``(B) if the Secretary has not issued a final 
                decision within 180 days of the filing of the complaint 
                and there is no showing that such delay is due to the 
                bad faith of the claimant, bringing an action at law or 
                equity for de novo review in the appropriate district 
                court of the United States, which shall have 
                jurisdiction over such an action without regard to the 
                amount in controversy.
          ``(2) Procedure.--
                  ``(A) In general.--An action under paragraph (1)(A) 
                shall be governed under the rules and procedures set 
                forth in section 42121(b) of title 49.
                  ``(B) Exception.--Notification made under section 
                42121(b)(1) of title 49, shall be made to the person 
                named in the complaint and to the employer.
                  ``(C) Burdens of proof.--An action brought under 
                paragraph (1)(B) shall be governed by the legal burdens 
                of proof set forth in section 42121(b) of title 49.
                  ``(D) Statute of limitations.--An action under 
                paragraph (1) shall be commenced not later than 90 days 
                after the date on which the violation occurs.
  ``(c) Remedies.--
          ``(1) In general.--An employee prevailing in any action under 
        subsection (b)(1) shall be entitled to all relief necessary to 
        make the employee whole.
          ``(2) Compensatory damages.--Relief for any action under 
        paragraph (1) shall include--
                  ``(A) reinstatement with the same seniority status 
                that the employee would have had, but for the 
                discrimination;
                  ``(B) the amount of back pay, with interest; and
                  ``(C) compensation for any special damages sustained 
                as a result of the discrimination, including litigation 
                costs, expert witness fees, and reasonable attorney 
                fees.
  ``(d) Rights Retained by Employee.--Nothing in this section shall be 
deemed to diminish the rights, privileges, or remedies of any employee 
under any Federal or State law, or under any collective bargaining 
agreement.

``Sec. 1141. Definitions for certain provisions; general provision

  ``(a) Definitions for Sections 1137 and 1138.--As used in sections 
1137 and 1138 and in this section--
          ``(1) the term `official proceeding' means--
                  ``(A) a proceeding before a judge or court of the 
                United States, a United States magistrate judge, a 
                bankruptcy judge, a judge of the United States Tax 
                Court, a special trial judge of the Tax Court, a judge 
                of the United States Court of Federal Claims, or a 
                Federal grand jury;
                  ``(B) a proceeding before the Congress;
                  ``(C) a proceeding before a Federal Government agency 
                which is authorized by law; or
                  ``(D) a proceeding involving the business of 
                insurance whose activities affect interstate commerce 
                before any insurance regulatory official or agency or 
                any agent or examiner appointed by such official or 
                agency to examine the affairs of any person engaged in 
                the business of insurance whose activities affect 
                interstate commerce;
          ``(2) the term `physical force' means physical action against 
        another, and includes confinement;
          ``(3) the term `misleading conduct' means--
                  ``(A) knowingly making a false statement;
                  ``(B) intentionally omitting information from a 
                statement and thereby causing a portion of such 
                statement to be misleading, or intentionally concealing 
                a material fact, and thereby creating a false 
                impression by such statement;
                  ``(C) with intent to mislead, knowingly submitting or 
                inviting reliance on a writing or recording that is 
                false, forged, altered, or otherwise lacking in 
                authenticity;
                  ``(D) with intent to mislead, knowingly submitting or 
                inviting reliance on a sample, specimen, map, 
                photograph, boundary mark, or other object that is 
                misleading in a material respect; or
                  ``(E) knowingly using a trick, scheme, or device with 
                intent to mislead;
          ``(4) the term `law enforcement officer' means an officer or 
        employee of the Federal Government, or a person authorized to 
        act for or on behalf of the Federal Government or serving the 
        Federal Government as an adviser or consultant--
                  ``(A) authorized under law to engage in or supervise 
                the prevention, detection, investigation, or 
                prosecution of an offense; or
                  ``(B) serving as a probation or pretrial services 
                officer under this title;
          ``(5) the term `corruptly persuades' does not include conduct 
        which would be misleading conduct but for a lack of a state of 
        mind.
  ``(b) Definition for Section 1133.--As used in section 1505, the term 
`corruptly' means acting with an improper purpose, personally or by 
influencing another, including making a false or misleading statement, 
or withholding, concealing, altering, or destroying a document or other 
information.
  ``(c) Exclusion.--This subchapter does not prohibit or punish the 
providing of lawful, bona fide, legal representation services in 
connection with or anticipation of an official proceeding.

``Sec. 1142. Destruction of corporate audit records

  ``(a) Regulatory Requirements.--(1) Any accountant who conducts an 
audit of an issuer of securities to which section 10A(a) of the 
Securities Exchange Act of 1934 (15 U.S.C. 78j-1(a)) applies, shall 
maintain all audit or review workpapers for a period of 5 years from 
the end of the fiscal period in which the audit or review was 
concluded.
  ``(2) The Securities and Exchange Commission shall promulgate, within 
180 days, after adequate notice and an opportunity for comment, such 
rules and regulations, as are reasonably necessary, relating to the 
retention of relevant records such as workpapers, documents that form 
the basis of an audit or review, memoranda, correspondence, 
communications, other documents, and records (including electronic 
records) which are created, sent, or received in connection with an 
audit or review and contain conclusions, opinions, analyses, or 
financial data relating to such an audit or review, which is conducted 
by any accountant who conducts an audit of an issuer of securities to 
which section 10A(a) of the Securities Exchange Act of 1934 (15 U.S.C. 
78j-1(a)) applies. The Commission may, from time to time, amend or 
supplement the rules and regulations that it is required to promulgate 
under this section, after adequate notice and an opportunity for 
comment, in order to ensure that such rules and regulations adequately 
comport with the purposes of this section.
  ``(b) Offense.--Whoever knowingly violates subsection (a)(1), or any 
rule or regulation promulgated by the Securities and Exchange 
Commission under subsection (a)(2), shall be imprisoned not more than 
10 years.
  ``(c) Rule of Construction.--Nothing in this section shall be deemed 
to diminish or relieve any person of any other duty or obligation 
imposed by Federal or State law or regulation to maintain, or refrain 
from destroying, any document.

                        ``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.

``Sec. 1161. Providing or possessing contraband in prison

  ``(a) Offense.--Whoever--
          ``(1) in violation of a statute or a rule or order issued 
        under a statute, provides to an inmate of a prison a prohibited 
        object, or attempts to do so; or
          ``(2) being an inmate of a prison, makes, possesses, or 
        obtains, or attempts to make or obtain, a prohibited object;
shall be punished as provided in subsection (b) of this section.
  ``(b) Punishment.--The punishment for an offense under this section 
is a fine under this title or--
          ``(1) imprisonment for not more than 20 years, or both, if 
        the object is specified in subsection (d)(1)(C) of this 
        section;
          ``(2) imprisonment for not more than 10 years, or both, if 
        the object is specified in subsection (d)(1)(A) of this 
        section;
          ``(3) imprisonment for not more than 5 years, or both, if the 
        object is specified in subsection (d)(1)(B) of this section;
          ``(4) imprisonment for not more than one year, or both, if 
        the object is specified in subsection (d)(1)(D) or (d)(1)(E) of 
        this section; and
          ``(5) imprisonment for not more than 6 months, or both, if 
        the object is specified in subsection (d)(1)(F) of this 
        section.
  ``(c) Consecutive Punishment Required in Certain Cases.--Any 
punishment imposed under subsection (b) for a violation of this section 
involving a controlled substance shall be consecutive to any other 
sentence imposed by any court for an offense involving such a 
controlled substance. Any punishment imposed under subsection (b) for a 
violation of this section by an inmate of a prison shall be consecutive 
to the sentence being served by such inmate at the time the inmate 
commits such violation.
  ``(d) Definitions.--As used in this section--
          ``(1) the term `prohibited object' means--
                  ``(A) a firearm or destructive device or a controlled 
                substance in schedule I or II, other than marijuana or 
                a controlled substance referred to in subparagraph (C) 
                of this subsection;
                  ``(B) marijuana or a controlled substance in schedule 
                III, other than a controlled substance referred to in 
                subparagraph (C) of this subsection, ammunition, a 
                weapon (other than a firearm or destructive device), or 
                an object that is designed or intended to be used as a 
                weapon or to facilitate escape from a prison;
                  ``(C) a narcotic drug, methamphetamine, its salts, 
                isomers, and salts of its isomers, lysergic acid 
                diethylamide, or phencyclidine;
                  ``(D) a controlled substance (other than a controlled 
                substance referred to in subparagraph (A), (B), or (C) 
                of this subsection) or an alcoholic beverage;
                  ``(E) any United States or foreign currency; and
                  ``(F) any other object that threatens the order, 
                discipline, or security of a prison, or the life, 
                health, or safety of an individual;
          ``(2) the terms `ammunition', `firearm', and `destructive 
        device' have, respectively, the meanings given those terms in 
        section 921 of this title;
          ``(3) the terms `controlled substance' and `narcotic drug' 
        have, respectively, the meanings given those terms in section 
        102 of the Controlled Substances Act (21 U.S.C. 802); and
          ``(4) the term `prison' means a Federal correctional, 
        detention, or penal facility or any prison, institution, or 
        facility in which persons are held in custody by direction of 
        or pursuant to a contract or agreement with the Attorney 
        General.

``Sec. 1162. Mutiny and riot prohibited

  ``Whoever instigates any mutiny or riot, at any Federal penal, 
detention, or correctional facility, shall be imprisoned not more than 
ten years.

``Sec. 1163. Trespass on Bureau of Prisons reservations and land

  ``Whoever, without lawful authority or permission, goes upon a 
reservation, land, or a facility of the Bureau of Prisons shall be 
imprisoned not more than six months.

             ``SUBCHAPTER K--PUBLIC OFFICERS AND EMPLOYEES

``Sec.
``1171.  Disclosure of confidential information generally.

``Sec. 1171. Disclosure of confidential information generally

  ``Whoever, being an officer or employee of the United States or of 
any department or agency thereof, any person acting on behalf of the 
Federal Housing Finance Agency, or agent of the Department of Justice 
as defined in the Antitrust Civil Process Act (15 U.S.C. 1311-1314), or 
being an employee of a private sector organization who is or was 
assigned to an agency under chapter 37 of title 5, publishes, divulges, 
discloses, or makes known in any manner or to any extent not authorized 
by law any information coming to him in the course of his employment or 
official duties or by reason of any examination or investigation made 
by, or return, report or record made to or filed with, such department 
or agency or officer or employee thereof, which information concerns or 
relates to the trade secrets, processes, operations, style of work, or 
apparatus, or to the identity, confidential statistical data, amount or 
source of any income, profits, losses, or expenditures of any person, 
firm, partnership, corporation, or association; or permits any income 
return or copy thereof or any book containing any abstract or 
particulars thereof to be seen or examined by any person except as 
provided by law; shall be imprisoned not more than one year; and shall 
be removed from office or employment.

                  ``SUBCHAPTER L--RECORDS AND REPORTS

``Sec.
``1181.  Concealment, removal, or mutilation generally.
``1182.  False entries and reports of moneys or securities.

``Sec. 1181. Concealment, removal, or mutilation generally

  ``Whoever knowingly and unlawfully conceals, removes, mutilates, 
obliterates, or destroys, or attempts to do so, or, with intent to do 
so takes and carries away any record, proceeding, map, book, paper, 
document, or other thing, filed or deposited with any clerk or officer 
of any court of the United States, or in any public office, or with any 
judicial or public officer of the United States, shall be imprisoned 
not more than three years.

``Sec. 1182. False entries and reports of moneys or securities

  ``Whoever--
          ``(1) being an officer, clerk, agent, or other employee of 
        the United States or any of its agencies, charged with the duty 
        of keeping accounts or records of any kind, with intent to 
        deceive, mislead, injure, or defraud, makes in any such account 
        or record any false or fictitious entry or record of any matter 
        relating to or connected with his duties; or
          ``(2) being an officer, clerk, agent, or other employee of 
        the United States or any of its agencies, charged with the duty 
        of receiving, holding, or paying over moneys or securities to, 
        for, or on behalf of the United States, or of receiving or 
        holding in trust for any person any moneys or securities, with 
        like intent, makes a false report of such moneys or securities;
shall be imprisoned not more than ten years.

                 ``SUBCHAPTER M--SEARCHES AND SEIZURES

``Sec.
``1191.  Destruction or removal of property to prevent seizure.
``1192.  Rescue of seized property.

``Sec. 1191. Destruction or removal of property to prevent seizure

  ``(a) Destruction or Removal of Property To Prevent Seizure.--
Whoever, before, during, or after any search for or seizure of property 
by any person authorized to make such search or seizure, knowingly 
destroys, damages, wastes, disposes of, transfers, or otherwise takes 
any action, or knowingly attempts to destroy, damage, waste, dispose 
of, transfer, or otherwise take any action, for the purpose of 
preventing or impairing the Government's lawful authority to take such 
property into its custody or control or to continue holding such 
property under its lawful custody and control, shall be imprisoned not 
more than 5 years.
  ``(b) Impairment of In Rem Jurisdiction.--Whoever, knowing that 
property is subject to the in rem jurisdiction of a United States court 
for purposes of civil forfeiture under Federal law, knowingly and 
without authority from that court, destroys, damages, wastes, disposes 
of, transfers, or otherwise takes any action, or knowingly attempts to 
destroy, damage, waste, dispose of, transfer, or otherwise take any 
action, for the purpose of impairing or defeating the court's 
continuing in rem jurisdiction over the property, shall be imprisoned 
not more than 5 years.
  ``(c) Notice of Search or Execution of Seizure Warrant or Warrant of 
Arrest In Rem.--Whoever, having knowledge that any person authorized to 
make searches and seizures, or to execute a seizure warrant or warrant 
of arrest in rem, in order to prevent the authorized seizing or 
securing of any person or property, gives notice or attempts to give 
notice in advance of the search, seizure, or execution of a seizure 
warrant or warrant of arrest in rem, to any person shall be imprisoned 
not more than 5 years.
  ``(d) Notice of Certain Electronic Surveillance.--Whoever, having 
knowledge that a Federal investigative or law enforcement officer has 
been authorized or has applied for authorization under subchapter C of 
chapter 37 to intercept a wire, oral, or electronic communication, in 
order to obstruct, impede, or prevent such interception, gives notice 
or attempts to give notice of the possible interception to any person 
shall be imprisoned not more than five years.
  ``(e) Foreign Intelligence Surveillance.--Whoever, having knowledge 
that a Federal officer has been authorized or has applied for 
authorization to conduct electronic surveillance under the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801, et seq.), in 
order to obstruct, impede, or prevent such activity, gives notice or 
attempts to give notice of the possible activity to any person shall be 
imprisoned not more than five years.

``Sec. 1192. Rescue of seized property

  ``Whoever forcibly rescues, dispossesses, or attempts to rescue or 
dispossess any property, articles, or objects after the same shall have 
been taken, detained, or seized by any officer or other person under 
the authority of any revenue law of the United States, or by any person 
authorized to make searches and seizures, shall be imprisoned not more 
than two years.

                   ``SUBCHAPTER N--MALICIOUS MISCHIEF

``Sec.
``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.

``Sec. 1201. Government property or contracts

  ``Whoever knowingly and without authority injures or commits any 
depredation against any property of the United States, or of any 
department or agency thereof, or any property which has been or is 
being manufactured or constructed for the United States, or any 
department or agency thereof, or attempts to commit any of the 
foregoing offenses, shall be punished as follows:
          ``(1) If the damage or attempted damage to such property 
        exceeds the sum of $1,000, by imprisonment for not more than 
        ten years.
          ``(2) If the damage or attempted damage to such property does 
        not exceed the sum of $1,000, by imprisonment for not more than 
        one year.

``Sec. 1202. Communication lines, stations, or systems

  ``(a) Offense.--Whoever knowingly and without authority--
          ``(1) injures or destroys any of the works, property, or 
        material of any radio, telegraph, telephone or cable, line, 
        station, or system, or other means of communication, operated 
        or controlled by the United States, or used or intended to be 
        used for military or civil defense functions of the United 
        States, whether constructed or in process of construction;
          ``(2) interferes in any way with the working or use of any 
        such line or system; or
          ``(3) obstructs, hinders, or delays the transmission of any 
        communication over any such line or system;
shall be imprisoned not more than ten years.
  ``(b) Exclusion.--In the case of any works, property, or material, 
not operated or controlled by the United States, this section shall not 
apply to any lawful strike activity, or other lawful concerted 
activities for the purposes of collective bargaining or other mutual 
aid and protection which do not injure or destroy any line or system 
used or intended to be used for the military or civil defense functions 
of the United States.

``Sec. 1203. Buildings or property within special maritime and 
                    territorial jurisdiction

  ``Whoever, within the special maritime and territorial jurisdiction 
of the United States, knowingly and without authority destroys or 
injures any structure, conveyance, or other real or personal property 
shall be imprisoned not more than five years and if the building be a 
dwelling, or the life of any person be placed in jeopardy, shall be 
imprisoned not more than twenty years.

``Sec. 1204. Tampering with consumer products

  ``(a) Tampering in General.--Whoever, with reckless disregard for the 
risk that another person will be placed in danger of death or bodily 
injury and under circumstances manifesting extreme indifference to such 
risk, tampers with any consumer product that affects interstate or 
foreign commerce, or the labeling of, or container for, any such 
product, or attempts to do so, shall--
          ``(1) in the case of an attempt, be imprisoned not more than 
        ten years;
          ``(2) if death of an individual results, be imprisoned for 
        any term of years or for life;
          ``(3) if serious bodily injury to any individual results, be 
        imprisoned not more than twenty years; and
          ``(4) in any other case, be imprisoned not more than ten 
        years.
  ``(b) Tainting With Intent To Cause Serious Injury Through 
Business.--Whoever, with intent to cause serious injury to the business 
of any person, taints any consumer product or renders materially false 
or misleading the labeling of, or container for, a consumer product, if 
such consumer product affects interstate or foreign commerce, shall be 
imprisoned not more than three years.
  ``(c) False Information.--(1) Whoever knowingly communicates false 
information that a consumer product has been tainted, if such product 
or the results of such communication affect interstate or foreign 
commerce, and if such tainting, had it occurred, would create a risk of 
death or bodily injury to another person, shall be imprisoned not more 
than five years.
  ``(2) As used in paragraph (1) of this subsection, the term 
`communicates false information' means communicates information that is 
false and that the communicator knows is false, under circumstances in 
which the information may reasonably be expected to be believed.
  ``(d) Threats.--Whoever knowingly threatens, under circumstances in 
which the threat may reasonably be expected to be believed, that 
conduct that, if it occurred, would violate subsection (a) of this 
section will occur, shall be imprisoned not more than five years.
  ``(e) Conspiracy.--Whoever is a party to a conspiracy of two or more 
persons to commit an offense under subsection (a) of this section, if 
any of the parties intentionally engages in any conduct in furtherance 
of such offense, shall be imprisoned not more than ten years.
  ``(f) Tampering With Writing.--(1) Whoever, without the consent of 
the manufacturer, retailer, or distributor, intentionally tampers with 
a consumer product that is sold in interstate or foreign commerce by 
knowingly placing or inserting any writing in the consumer product, or 
in the container for the consumer product, before the sale of the 
consumer product to any consumer shall be imprisoned not more than 1 
year.
  ``(2) Notwithstanding the provisions of paragraph (1), if any person 
commits a violation of this subsection after a prior conviction under 
this section becomes final, such person shall be imprisoned for not 
more than 3 years.
  ``(3) In this subsection, the term `writing' means any form of 
representation or communication, including hand-bills, notices, or 
advertising, that contain letters, words, or pictorial representations.
  ``(g) Authority of Food and Drug Administration and Department of 
Agriculture.--In addition to any other agency which has authority to 
investigate violations of this section, the Food and Drug 
Administration and the Department of Agriculture, respectively, have 
authority to investigate violations of this section involving a 
consumer product that is regulated by a provision of law such 
Administration or Department, as the case may be, administers.
  ``(h) Definitions.--As used in this section--
          ``(1) the term `consumer product' means--
                  ``(A) any `food', `drug', `device', or `cosmetic', as 
                those terms are respectively defined in section 201 of 
                the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                321); or
                  ``(B) any article, product, or commodity which is 
                customarily produced or distributed for consumption by 
                individuals, or use by individuals for purposes of 
                personal care or in the performance of services 
                ordinarily rendered within the household, and which is 
                designed to be consumed or expended in the course of 
                such consumption or use; and
          ``(2) the term `labeling' has the meaning given such term in 
        section 201(m) of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 321(m)).

``Sec. 1205. Destruction of an energy facility

  ``(a) Damage Exceeding $100,000.--Whoever knowingly and without 
authority--
          ``(1) damages the property of an energy facility in an amount 
        that exceeds $100,000; or
          ``(2) damages the property of an energy facility in any 
        amount and thereby causes a significant interruption or 
        impairment of a function of an energy facility;
shall be imprisoned for not more than 20 years.
  ``(b) Damage Exceeding $5,000.--Whoever knowingly and without 
authority damages the property of an energy facility in an amount that 
exceeds $5,000 shall be imprisoned for not more than five years.
  ``(c) Definition.--As used in this section, the term `energy 
facility' means a facility that is involved in the production, storage, 
transmission, or distribution of electricity, fuel, or another form or 
source of energy, or research, development, or demonstration facilities 
relating thereto, regardless of whether such facility is still under 
construction or is otherwise not functioning, except a facility subject 
to the jurisdiction, administration, or in the custody of the Nuclear 
Regulatory Commission or an interstate gas pipeline facility as defined 
in section 60101 of title 49.
  ``(d) Increased Punishment Where Death Results.--Whoever is convicted 
of a violation of subsection (a) or (b) that has resulted in the death 
of any person shall be subject to imprisonment for any term of years or 
life.

``Sec. 1206. Harming animals used in law enforcement

  ``(a) Offense.--Whoever maliciously harms any police animal shall be 
imprisoned not more than 1 year. If the offense permanently disables or 
disfigures the animal, or causes serious bodily injury to or the death 
of the animal, the maximum term of imprisonment shall be 10 years.
  ``(b) Definition.--In this section, the term `police animal' means a 
dog or horse employed by a Federal agency (whether in the executive, 
legislative, or judicial branch) for the principal purpose of aiding in 
the detection of criminal activity, enforcement of laws, or 
apprehension of criminal offenders.

``Sec. 1207. Destruction of veterans' memorials

  ``(a) Offense.--Whoever, as made applicable by subsection (b), 
knowingly and without authority injures or destroys any structure, 
plaque, statue, or other monument on public property commemorating the 
service of any person or persons in the armed forces of the United 
States shall be imprisoned not more than 10 years.
  ``(b) Federal Nexus.--Subsection (a) applies if--
          ``(1) in committing the offense, the defendant travels or 
        causes another to travel in interstate or foreign commerce, or 
        uses the mail or an instrumentality of interstate or foreign 
        commerce; or
          ``(2) the structure, plaque, statue, or other monument is 
        located on property owned by, or under the jurisdiction of, the 
        Federal Government.

                      ``SUBCHAPTER O--PUBLIC LANDS

``Sec.
``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.

``Sec. 1211. Timber removed or transported

  ``(a) Offense.--Whoever knowingly and without authority--
          ``(1) cuts or destroys any timber growing on the public lands 
        of the United States;
          ``(2) removes any timber from those public lands, with intent 
        to export or to dispose of that timber; or
          ``(3) being the owner, master, pilot, operator, or consignee 
        of any vessel, motor vehicle, or aircraft or the owner, 
        director, or agent of any railroad, knowingly transports any 
        timber so cut or removed, or lumber manufactured from that 
        timber;
shall be imprisoned not more than one year.
  ``(b) Exclusion.--This section does not prevent any miner or 
agriculturist from clearing land in the ordinary working of the miner's 
mining claim, or in the preparation of the agriculturalist's farm for 
tillage, or from taking the timber necessary to support improvements, 
or the taking of timber for the use of the United States; nor shall it 
interfere with or take away any right or privilege under any existing 
law of the United States to cut or remove timber from any public lands.

``Sec. 1212. Trees cut or injured

  ``Whoever knowingly and without authority cuts, injures, or destroys 
any tree growing, standing, or being upon any land of the United States 
which, in pursuance of law, has been reserved or purchased by the 
United States for any public use, or upon any Indian reservation, or 
lands belonging to or occupied by any tribe of Indians under the 
authority of the United States, or any Indian allotment while the title 
to the same shall be held in trust by the Government, or while the same 
shall remain inalienable by the allottee without the consent of the 
United States, shall be imprisoned not more than one year.

``Sec. 1213. Timber set afire

  ``(a) Offense.--Whoever, knowingly and without authority, sets on 
fire any timber, underbrush, or grass or other inflammable material 
upon the public domain or upon any lands owned or leased by or under 
the partial, concurrent, or exclusive jurisdiction of the United 
States, or under contract for purchase or for the acquisition of which 
condemnation proceedings have been instituted, or upon any Indian 
reservation or lands belonging to or occupied by any tribe or group of 
Indians under authority of the United States, or upon any Indian 
allotment while the title to the same shall be held in trust by the 
Government, or while the same shall remain inalienable by the allottee 
without the consent of the United States, shall be imprisoned not more 
than five years.
  ``(b) Exclusion.--This section does not apply in the case of a fire 
set by an allottee in the reasonable exercise of his proprietary rights 
in the allotment.

``Sec. 1214. Fires left unattended and unextinguished

  ``Whoever, having kindled or caused to be kindled, a fire in or near 
any forest, timber, or other inflammable material upon any lands owned, 
controlled or leased by, or under the partial, concurrent, or exclusive 
jurisdiction of the United States, including lands under contract for 
purchase or for the acquisition of which condemnation proceedings have 
been instituted, and including any Indian reservation or lands 
belonging to or occupied by any tribe or group of Indians under the 
authority of the United States, or any Indian allotment while the title 
to the same is held in trust by the United States, or while the same 
shall remain inalienable by the allottee without the consent of the 
United States, leaves said fire without totally extinguishing the same, 
or permits or suffers the fire to burn or spread beyond his control, or 
leaves or suffers the fire to burn unattended, shall be imprisoned not 
more than six months.

``Sec. 1215. Trespass on national forest lands

  ``Whoever, without authority goes upon any national-forest land while 
it is closed to the public pursuant to lawful regulation of the 
Secretary of Agriculture, shall be imprisoned not more than six months.

``Sec. 1216. Hazardous or injurious devices on Federal lands

  ``(a) Elements of the Offense.--Whoever--
          ``(1) with the intent to violate the Controlled Substances 
        Act,
          ``(2) with the intent to obstruct or harass the harvesting of 
        timber, or
          ``(3) with reckless disregard to the risk that another person 
        will be placed in danger of death or bodily injury and under 
        circumstances manifesting extreme indifference to such risk,
uses a hazardous or injurious device on Federal land, on an Indian 
reservation, or on an Indian allotment while the title to such 
allotment is held in trust by the United States or while such allotment 
remains inalienable by the allottee without the consent of the United 
States shall be punished under subsection (b).
  ``(b) Punishment.--An individual who violates subsection (a) shall--
          ``(1) if death of an individual results, be imprisoned for 
        any term of years or for life;
          ``(2) if serious bodily injury to any individual results, be 
        imprisoned for not more than 40 years;
          ``(3) if bodily injury to any individual results, be 
        imprisoned for not more than 20 years;
          ``(4) if damage to the property of any individual results or 
        if avoidance costs have been incurred exceeding $10,000, in the 
        aggregate, be imprisoned for not more than 20 years; and
          ``(5) in any other case, be imprisoned for not more than one 
        year.
  ``(c) Increased Punishment.--Any individual who is punished under 
subsection (b)(5) after one or more prior convictions under any such 
subsection shall be imprisoned for not more than 20 years.
  ``(d) Definitions.--As used in this section--
          ``(1) the term `hazardous or injurious device' means a 
        device, which when assembled or placed, is capable of causing 
        bodily injury, or damage to property, by the action of any 
        person making contact with such device subsequent to the 
        assembly or placement. Such term includes guns attached to trip 
        wires or other triggering mechanisms, ammunition attached to 
        trip wires or other triggering mechanisms, or explosive devices 
        attached to trip wires or other triggering mechanisms, 
        sharpened stakes, lines or wires, lines or wires with hooks 
        attached, nails placed so that the sharpened ends are 
        positioned in an upright manner, or tree spiking devices 
        including spikes, nails, or other objects hammered, driven, 
        fastened, or otherwise placed into or on any timber, whether or 
        not severed from the stump; and
          ``(2) the term `avoidance costs' means costs incurred by any 
        individual for the purpose of--
                  ``(A) detecting a hazardous or injurious device; or
                  ``(B) preventing death, serious bodily injury, bodily 
                injury, or property damage likely to result from the 
                use of a hazardous or injurious device in violation of 
                subsection (a).
  ``(e) Civil Action.--Any person injured as the result of a violation 
of subsection (a) may commence a civil action on his own behalf against 
any person who is alleged to be in violation of subsection (a). The 
district courts shall have jurisdiction, without regard to the amount 
in controversy or the citizenship of the parties, in such civil 
actions. The court may award, in addition to monetary damages for any 
injury resulting from an alleged violation of subsection (a), costs of 
litigation, including reasonable attorney and expert witness fees, to 
any prevailing or substantially prevailing party, whenever the court 
determines such award is appropriate.

             ``SUBCHAPTER P--RESTRICTED BUILDING OR GROUNDS

``Sec.
``1221.  Restricted building or grounds.

``Sec. 1221. Restricted building or grounds

  ``(a) Prohibitions.--Whoever--
          ``(1) knowingly enters or remains in any restricted building 
        or grounds;
          ``(2) knowingly, and with intent to impede or disrupt the 
        orderly conduct of Government business or official functions, 
        engages in disorderly or disruptive conduct in, or within such 
        proximity to, any restricted building or grounds when, or so 
        that, such conduct, in fact, impedes or disrupts the orderly 
        conduct of Government business or official functions;
          ``(3) knowingly obstructs or impedes ingress or egress to or 
        from any restricted building, grounds; or
          ``(4) knowingly engages in any act of physical violence 
        against any person or property in any restricted building or 
        grounds;
shall be punished as provided in subsection (b).
  ``(b) Punishment.--Violation of this section shall be punishable by--
          ``(1) imprisonment for not more than 10 years, if--
                  ``(A) the person, during and in relation to the 
                offense, uses or carries a deadly or dangerous weapon 
                or firearm; or
                  ``(B) the offense results in significant bodily 
                injury as defined by section 2118(e)(3); and
          ``(2) imprisonment for not more than one year, in any other 
        case.
  ``(c) Place of Prosecution.--Violation of this section, and attempts 
or conspiracies to commit such violations, shall be prosecuted by the 
United States attorney in the Federal district court having 
jurisdiction of the place where the offense occurred.
  ``(d) Effect on State Law.--None of the laws of the United States or 
of the several States and the District of Columbia are superseded by 
this section.
  ``(e) Definitions.--As used in this section--
          ``(1) the term `other person protected by the Secret Service' 
        means any person whom the United States Secret Service is 
        authorized to protect under section 3056 of this title when 
        such person has not declined such protection; and
          ``(2) the term `restricted buildings or grounds' means a 
        posted, cordoned off, or otherwise restricted area of a 
        building or grounds--
                  ``(A) where the President or other person protected 
                by the Secret Service is or will be temporarily 
                visiting; or
                  ``(B) so restricted in conjunction with an event 
                designated as a special event of national significance.

                 ``CHAPTER 31--INTERNATIONAL LAW CRIMES

``Subchapter
                                                                    Sec.
``A. Piracy and privateering......................................  1251

``B. Peonage, slavery, and trafficking in persons Assault.........  1261

``C. Genocide.....................................................  1281

``D. Torture......................................................  1291

``E. War crimes...................................................  1296

                ``SUBCHAPTER A--PIRACY AND PRIVATEERING

``Sec.
``1251.  Piracy under law of nations.

``Sec. 1251. Piracy under law of nations

  ``Whoever, on the high seas, commits the crime of piracy as defined 
by the law of nations, and is afterwards brought into or found in the 
United States, shall be imprisoned for life.

      ``SUBCHAPTER B--PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS

``Sec.
``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.

``Sec. 1261. Peonage

  ``Whoever holds or returns any person to a condition of peonage, or 
arrests any person with the intent of placing him in or returning him 
to a condition of peonage, shall be imprisoned not more than 20 years. 
If death results from the violation of this section, or if the 
violation includes kidnapping or an attempt to kidnap, aggravated 
sexual abuse or the attempt to commit aggravated sexual abuse, or an 
attempt to kill, the defendant shall be imprisoned for any term of 
years or life.

``Sec. 1262. Sale into involuntary servitude

  ``Whoever knowingly holds to involuntary servitude or sells into any 
condition of involuntary servitude, any other person for any term, or 
brings within the United States any person so held, shall be imprisoned 
not more than 20 years. If death results from the violation of this 
section, or if the violation includes kidnapping or an attempt to 
kidnap, aggravated sexual abuse or the attempt to commit aggravated 
sexual abuse, or an attempt to kill, the defendant shall be imprisoned 
for any term of years or life.

``Sec. 1263. Forced labor

  ``Whoever knowingly provides or obtains the labor or services of a 
person--
          ``(1) by threats of serious harm to, or physical restraint 
        against, that person or another person;
          ``(2) by means of any scheme, plan, or pattern intended to 
        cause the person to believe that, if the person did not perform 
        such labor or services, that person or another person would 
        suffer serious harm or physical restraint; or
          ``(3) by means of the abuse or threatened abuse of law or the 
        legal process,
shall be imprisoned not more than 20 years. If death results from the 
violation of this section, or if the violation includes kidnapping or 
an attempt to kidnap, aggravated sexual abuse or the attempt to commit 
aggravated sexual abuse, or an attempt to kill, the defendant shall be 
imprisoned for any term of years or life.

``Sec. 1264. Trafficking with respect to peonage, slavery, involuntary 
                    servitude, or forced labor

  ``Whoever knowingly recruits, harbors, transports, provides, or 
obtains by any means, any person for labor or services in violation of 
this chapter shall be imprisoned not more than 20 years. If death 
results from the violation of this section, or if the violation 
includes kidnapping or an attempt to kidnap, aggravated sexual abuse, 
or the attempt to commit aggravated sexual abuse, or an attempt to 
kill, the defendant shall be imprisoned for any term of years or life.

``Sec. 1265. Sex trafficking of children or by force, fraud, or 
                    coercion

  ``(a) Elements of the Offense.--Whoever knowingly--
          ``(1) in or affecting interstate or foreign commerce, or 
        within the special maritime and territorial jurisdiction of the 
        United States, recruits, entices, harbors, transports, 
        provides, or obtains by any means a person; or
          ``(2) benefits, financially or by receiving anything of 
        value, from participation in a venture which has engaged in an 
        act described in violation of paragraph (1),
knowing that force, fraud, or coercion described in subsection (c)(2) 
will be used to cause the person to engage in a commercial sex act, or 
that the person has not attained the age of 18 years and will be caused 
to engage in a commercial sex act, shall be punished as provided in 
subsection (b).
  ``(b) Punishment.--The punishment for an offense under subsection (a) 
is--
          ``(1) if the offense was effected by force, fraud, or 
        coercion or if the person recruited, enticed, harbored, 
        transported, provided, or obtained had not attained the age of 
        14 years at the time of such offense, by a fine under this 
        title or imprisonment for any term of years or for life, or 
        both; or
          ``(2) if the offense was not so effected, and the person 
        recruited, enticed, harbored, transported, provided, or 
        obtained had attained the age of 14 years but had not attained 
        the age of 18 years at the time of such offense, by a fine 
        under this title or imprisonment for not more than 40 years, or 
        both.
  ``(c) Definitions.--As used in this section--
          ``(1) the term `commercial sex act' means any sex act, on 
        account of which anything of value is given to or received by 
        any person;
          ``(2) the term `coercion' means--
                  ``(A) threats of serious harm to or physical 
                restraint against any person;
                  ``(B) any scheme, plan, or pattern intended to cause 
                a person to believe that failure to perform an act 
                would result in serious harm to or physical restraint 
                against any person; or
                  ``(C) the abuse or threatened abuse of law or the 
                legal process; and
          ``(3) the term `venture' means any group of two or more 
        individuals associated in fact, whether or not a legal entity.

``Sec. 1266. Unlawful conduct with respect to documents in furtherance 
                    of trafficking, peonage, slavery, involuntary 
                    servitude, or forced labor

  ``(a) Offense.--Whoever knowingly destroys, conceals, removes, 
confiscates, or possesses any actual or purported passport or other 
immigration document, or any other actual or purported government 
identification document, of another person--
          ``(1) in the course of a violation of section 1261, 1262, 
        1263, 1264, or 1265;
          ``(2) with intent to violate section 1261, 1262, 1263, 1264, 
        or 1265; or
          ``(3) to prevent or restrict or to attempt to prevent or 
        restrict, without lawful authority, the person's liberty to 
        move or travel, in order to maintain the labor or services of 
        that person, when the person is or has been a victim of a 
        severe form of trafficking in persons, as defined in section 
        103 of the Trafficking Victims Protection Act of 2000,
shall be imprisoned for not more than 5 years.
  ``(b) Exclusion.--Subsection (a) does not apply to the conduct of a 
person who is or has been a victim of a severe form of trafficking in 
persons, as defined in section 103 of the Trafficking Victims 
Protection Act of 2000, if that conduct is caused by, or incident to, 
that trafficking.

``Sec. 1267. Civil remedy

  ``(a) Civil Action.--An individual who is a victim of a violation of 
section 1263, 1264, or 1265 may bring a civil action against the 
perpetrator in an appropriate district court of the United States and 
may recover damages and reasonable attorneys fees.
  ``(b) Stay.--(1) Any civil action filed under this section shall be 
stayed during the pendency of any criminal action arising out of the 
same occurrence in which the claimant is the victim.
  ``(2) In this subsection, a `criminal action' includes investigation 
and prosecution and is pending until final adjudication in the trial 
court.

                        ``SUBCHAPTER C--GENOCIDE

``Sec.
``1281.  Genocide.
``1282.  Definitions.

``Sec. 1281. Genocide

  ``(a) Basic Offense.--Whoever, whether in time of peace or in time of 
war, in a circumstance described in subsection (d) and with the 
specific intent to destroy, in whole or in substantial part, a 
national, ethnic, racial, or religious group as such--
          ``(1) kills members of that group;
          ``(2) causes serious bodily injury to members of that group;
          ``(3) causes the permanent impairment of the mental faculties 
        of members of the group through drugs, torture, or similar 
        techniques;
          ``(4) subjects the group to conditions of life that are 
        intended to cause the physical destruction of the group in 
        whole or in part;
          ``(5) imposes measures intended to prevent births within the 
        group; or
          ``(6) transfers by force children of the group to another 
        group;
or attempts to do so, shall be punished as provided in subsection (b).
  ``(b) Punishment for Basic Offense.--The punishment for an offense 
under subsection (a) is--
          ``(1) in the case of an offense under subsection (a)(1), 
        where death results, by death or imprisonment for life and a 
        fine of not more than $1,000,000, or both; and
          ``(2) a fine of not more than $1,000,000 or imprisonment for 
        not more than twenty years, or both, in any other case.
  ``(c) Incitement Offense.--Whoever in a circumstance described in 
subsection (d) directly and publicly incites another to violate 
subsection (a) shall be imprisoned not more than five years.
  ``(d) Required Circumstance for Offenses.--The circumstance referred 
to in subsections (a) and (c) is that--
          ``(1) the offense is committed within the United States; or
          ``(2) the alleged offender is a national of the United States 
        (as defined in section 101 of the Immigration and Nationality 
        Act (8 U.S.C. 1101)).
  ``(e) Nonapplicability of Certain Limitations.--Notwithstanding 
section 3282 of this title, in the case of an offense under subsection 
(a)(1), an indictment may be found, or information instituted, at any 
time without limitation.

``Sec. 1282. Definitions

  ``As used in this subchapter--
          ``(1) the term `children' means the plural and means 
        individuals who have not attained the age of eighteen years;
          ``(2) the term `ethnic group' means a set of individuals 
        whose identity as such is distinctive in terms of common 
        cultural traditions or heritage;
          ``(3) the term `incites' means urges another to engage 
        imminently in conduct in circumstances under which there is a 
        substantial likelihood of imminently causing such conduct;
          ``(4) the term `members' means the plural;
          ``(5) the term `national group' means a set of individuals 
        whose identity as such is distinctive in terms of nationality 
        or national origins;
          ``(6) the term `racial group' means a set of individuals 
        whose identity as such is distinctive in terms of physical 
        characteristics or biological descent;
          ``(7) the term `religious group' means a set of individuals 
        whose identity as such is distinctive in terms of common 
        religious creed, beliefs, doctrines, practices, or rituals; and
          ``(8) the term `substantial part' means a part of a group of 
        such numerical significance that the destruction or loss of 
        that part would cause the destruction of the group as a viable 
        entity within the nation of which such group is a part.

                        ``SUBCHAPTER D--TORTURE

``Sec.
``1291.  Torture.
``1292.  Definitions.

``Sec. 1291. Torture

  ``(a) Offense.--Whoever outside the United States commits or attempts 
to commit torture shall be imprisoned not more than 20 years and if 
death results to any person from conduct prohibited by this subsection, 
shall be punished by death or imprisoned for any term of years or for 
life.
  ``(b) Jurisdiction.--There is jurisdiction over the activity 
prohibited in subsection (a) if--
          ``(1) the alleged offender is a national of the United 
        States; or
          ``(2) the alleged offender is present in the United States, 
        irrespective of the nationality of the victim or alleged 
        offender.
  ``(c) Conspiracy.--A person who conspires to commit an offense under 
this section shall be subject to the same penalties (other than the 
penalty of death) as the penalties prescribed for the offense, the 
commission of which was the object of the conspiracy.

``Sec. 1292. Definitions

  ``As used in this subchapter--
          ``(1) the term `torture' means an act committed by a person 
        acting under the color of law specifically intended to inflict 
        severe physical or mental pain or suffering (other than pain or 
        suffering incidental to lawful sanctions) upon another person 
        within his custody or physical control; and
          ``(2) the term `severe mental pain or suffering' means the 
        prolonged mental harm caused by or resulting from--
                  ``(A) the intentional infliction or threatened 
                infliction of severe physical pain or suffering;
                  ``(B) the administration or application, or 
                threatened administration or application, of mind-
                altering substances or other procedures calculated to 
                disrupt profoundly the senses or the personality;
                  ``(C) the threat of imminent death; or
                  ``(D) the threat that another person will imminently 
                be subjected to death, severe physical pain or 
                suffering, or the administration or application of 
                mind-altering substances or other procedures calculated 
                to disrupt profoundly the senses or personality.

                       ``SUBCHAPTER E--WAR CRIMES

``Sec.
``1296.  War crimes.
``1297.  Recruitment or use of child soldiers

``Sec. 1296. War crimes

  ``(a) Offense.--Whoever, whether inside or outside the United States, 
commits a war crime, in any of the circumstances described in 
subsection (b), shall be imprisoned for life or any term of years and 
if death results to the victim, shall also be subject to the penalty of 
death.
  ``(b) Circumstances.--The circumstances referred to in subsection (a) 
are that the person committing such war crime or the victim of such war 
crime is a member of the Armed Forces of the United States or a 
national of the United States (as defined in section 101 of the 
Immigration and Nationality Act).
  ``(c) Definition.--As used in this section the term `war crime' means 
any conduct--
          ``(1) defined as a grave breach in any of the international 
        conventions signed at Geneva 12 August 1949, or any protocol to 
        such convention to which the United States is a party;
          ``(2) prohibited by Article 23, 25, 27, or 28 of the Annex to 
        the Hague Convention IV, Respecting the Laws and Customs of War 
        on Land, signed 18 October 1907;
          ``(3) which constitutes a grave breach of common Article 3 
        (as defined in subsection (d)) when committed in the context of 
        and in association with an armed conflict not of an 
        international character; or
          ``(4) of a person who, in relation to an armed conflict and 
        contrary to the provisions of the Protocol on Prohibitions or 
        Restrictions on the Use of Mines, Booby-Traps and Other Devices 
        as amended at Geneva on 3 May 1996 (Protocol II as amended on 3 
        May 1996), when the United States is a party to such Protocol, 
        knowingly kills or causes serious injury to civilians.
  ``(d) Common Article 3 Violations.--
          ``(1) Prohibited conduct.--In subsection (c)(3), the term 
        `grave breach of common Article 3' means any conduct (such 
        conduct constituting a grave breach of common Article 3 of the 
        international conventions done at Geneva August 12, 1949), as 
        follows:
                  ``(A) Torture.--The act of a person who commits an 
                act specifically intended to inflict severe physical or 
                mental pain or suffering (other than pain or suffering 
                incidental to lawful sanctions) upon another person 
                within his custody or physical control for the purpose 
                of obtaining information or a confession, punishment, 
                intimidation, coercion, or any reason based on 
                discrimination of any kind.
                  ``(B) Cruel or inhuman treatment.--The act of a 
                person who commits an act intended to inflict severe or 
                serious physical or mental pain or suffering (other 
                than pain or suffering incidental to lawful sanctions), 
                including serious physical abuse, upon another within 
                his custody or control.
                  ``(C) Performing biological experiments.--The act of 
                a person who subjects one or more persons within his 
                custody or physical control to biological experiments 
                without a legitimate medical or dental purpose and in 
                so doing endangers the body or health of such person or 
                persons.
                  ``(D) Murder.--The act of a person who intentionally 
                kills or kills whether intentionally or unintentionally 
                in the course of committing any other offense under 
                this subsection, one or more persons taking no active 
                part in the hostilities, including those placed out of 
                combat by sickness, wounds, detention, or any other 
                cause.
                  ``(E) Mutilation or maiming.--The act of a person who 
                intentionally injures or injures whether intentionally 
                or unintentionally in the course of committing any 
                other offense under this subsection, one or more 
                persons taking no active part in the hostilities, 
                including those placed out of combat by sickness, 
                wounds, detention, or any other cause, by disfiguring 
                the person or persons by any mutilation thereof or by 
                permanently disabling any member, limb, or organ of his 
                body, without any legitimate medical or dental purpose.
                  ``(F) Intentionally causing serious bodily injury.--
                The act of a person who intentionally causes serious 
                bodily injury to one or more persons, including lawful 
                combatants, in violation of the law of war.
                  ``(G) Rape.--The act of a person who forcibly or with 
                coercion or threat of force wrongfully invades the body 
                of a person by penetrating, however slightly, the anal 
                or genital opening of the victim with any part of the 
                body of the accused, or with any foreign object.
                  ``(H) Sexual assault or abuse.--The act of a person 
                who forcibly or with coercion or threat of force 
                engages in sexual contact with one or more persons, or 
                causes one or more persons to engage in sexual contact.
                  ``(I) Taking hostages.--The act of a person who, 
                having knowingly seized or detained one or more 
                persons, threatens to kill, injure, or continue to 
                detain such person or persons with the intent of 
                compelling any nation, person other than the hostage, 
                or group of persons to act or refrain from acting as an 
                explicit or implicit condition for the safety or 
                release of such person or persons.
          ``(2) Definitions.--In the case of an offense under 
        subsection (a) by reason of subsection (c)(3)--
                  ``(A) the term `severe mental pain or suffering' 
                shall be applied for purposes of paragraphs (1)(A) and 
                (1)(B) in accordance with the meaning given that term 
                in section 2340(2) of this title;
                  ``(B) the term `serious bodily injury' shall be 
                applied for purposes of paragraph (1)(F) in accordance 
                with the meaning given that term in section 113(b)(2) 
                of this title;
                  ``(C) the term `sexual contact' shall be applied for 
                purposes of paragraph (1)(G) in accordance with the 
                meaning given that term in section 2246(3) of this 
                title;
                  ``(D) the term `serious physical pain or suffering' 
                shall be applied for purposes of paragraph (1)(B) as 
                meaning bodily injury that involves--
                          ``(i) a substantial risk of death;
                          ``(ii) extreme physical pain;
                          ``(iii) a burn or physical disfigurement of a 
                        serious nature (other than cuts, abrasions, or 
                        bruises); or
                          ``(iv) significant loss or impairment of the 
                        function of a bodily member, organ, or mental 
                        faculty; and
                  ``(E) the term `serious mental pain or suffering' 
                shall be applied for purposes of paragraph (1)(B) in 
                accordance with the meaning given the term `severe 
                mental pain or suffering' (as defined in section 
                2340(2) of this title), except that--
                          ``(i) the term `serious' shall replace the 
                        term `severe' where it appears; and
                          ``(ii) as to conduct occurring after the date 
                        of the enactment of the Military Commissions 
                        Act of 2006, the term `serious and non-
                        transitory mental harm (which need not be 
                        prolonged)' shall replace the term `prolonged 
                        mental harm' where it appears.
          ``(3) Inapplicability of certain provisions with respect to 
        collateral damage or incident of lawful attack.--The intent 
        specified for the conduct stated in subparagraphs (D), (E), and 
        (F) or paragraph (1) precludes the applicability of those 
        subparagraphs to an offense under subsection (a) by reasons of 
        subsection (c)(3) with respect to--
                  ``(A) collateral damage; or
                  ``(B) death, damage, or injury incident to a lawful 
                attack.
          ``(4) Inapplicability of taking hostages to prisoner 
        exchange.--Paragraph (1)(I) does not apply to an offense under 
        subsection (a) by reason of subsection (c)(3) in the case of a 
        prisoner exchange during wartime.
          ``(5) Definition of grave breaches.--The definitions in this 
        subsection are intended only to define the grave breaches of 
        common Article 3 and not the full scope of United States 
        obligations under that Article.

``Sec. 1297. Recruitment or use of child soldiers

  ``(a) Offense.--Whoever knowingly--
          ``(1) recruits, enlists, or conscripts a person to serve 
        while such person is under 15 years of age in an armed force or 
        group; or
          ``(2) uses a person under 15 years of age to participate 
        actively in hostilities;
knowing such person is under 15 years of age, shall be punished as 
provided in subsection (b).
  ``(b) Penalty.--Whoever violates subsection (a) shall be imprisoned 
not more than 20 years, and, if death of any person results, shall be 
imprisoned for any term of years or for life.
  ``(c) Jurisdiction.--There is jurisdiction over an offense described 
in subsection (a), and any attempt or conspiracy to commit such 
offense, if--
          ``(1) the alleged offender is a national of the United States 
        (as defined in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully 
        admitted for permanent residence in the United States (as 
        defined in section 101(a)(20) of such Act (8 U.S.C. 
        1101(a)(20));
          ``(2) the alleged offender is a stateless person whose 
        habitual residence is in the United States;
          ``(3) the alleged offender is present in the United States, 
        irrespective of the nationality of the alleged offender; or
          ``(4) the offense occurs in whole or in part within the 
        United States.
  ``(d) Definitions.--In this section:
          ``(1) Participate actively in hostilities.--The term 
        `participate actively in hostilities' means taking part in--
                  ``(A) combat or military activities related to 
                combat, including sabotage and serving as a decoy, a 
                courier, or at a military checkpoint; or
                  ``(B) direct support functions related to combat, 
                including transporting supplies or providing other 
                services.
          ``(2) Armed force or group.--The term `armed force or group' 
        means any army, militia, or other military organization, 
        whether or not it is state-sponsored, excluding any group 
        assembled solely for nonviolent political association.

              ``CHAPTER 33--TRANSPORTATION RELATED CRIMES

``Subchapter
                                                                    Sec.
``A. Aircraft and motor vehicles..................................  1301

``B. Roalroads....................................................  1331

``C. Seamen and stowaways.........................................  1341

``D. Shipping.....................................................  1351

              ``SUBCHAPTER A--AIRCRAFT AND MOTOR VEHICLES

``Sec.
``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.  Definitions.

``Sec. 1301. Destruction of aircraft or aircraft facilities

  ``(a) In General.--Whoever knowingly without authority--
          ``(1) sets fire to, damages, destroys, disables, or wrecks 
        any aircraft in the special aircraft jurisdiction of the United 
        States or any civil aircraft used, operated, or employed in 
        interstate, overseas, or foreign air commerce;
          ``(2) places or causes to be placed a destructive device or 
        substance in, upon, or in proximity to, or otherwise makes or 
        causes to be made unworkable or unusable or hazardous to work 
        or use, any such aircraft, or any part or other materials used 
        or intended to be used in connection with the operation of such 
        aircraft, if such placing or causing to be placed or such 
        making or causing to be made is likely to endanger the safety 
        of any such aircraft;
          ``(3) sets fire to, damages, destroys, or disables any air 
        navigation facility, or interferes by force or violence with 
        the operation of such facility, if such fire, damaging, 
        destroying, disabling, or interfering is likely to endanger the 
        safety of any such aircraft in flight;
          ``(4) with the intent to damage, destroy, or disable any such 
        aircraft, sets fire to, damages, destroys, or disables or 
        places a destructive device or substance in, upon, or in 
        proximity to, any appliance or structure, ramp, landing area, 
        property, machine, or apparatus, or any facility or other 
        material used, or intended to be used, in connection with the 
        operation, maintenance, loading, unloading or storage of any 
        such aircraft or any cargo carried or intended to be carried on 
        any such aircraft;
          ``(5) interferes with or disables, with intent to endanger 
        the safety of any person or with a reckless disregard for the 
        safety of human life, anyone engaged in the authorized 
        operation of such aircraft or any air navigation facility 
        aiding in the navigation of any such aircraft;
          ``(6) performs an act of violence against or incapacitates 
        any individual on any such aircraft, if such act of violence or 
        incapacitation is likely to endanger the safety of such 
        aircraft; or
          ``(7) communicates information, knowing the information to be 
        false and under circumstances in which such information may 
        reasonably be believed, thereby endangering the safety of any 
        such aircraft in flight,
shall be imprisoned not more than 20 years.
  ``(b) Other Civil Aircraft.--Whoever knowingly--
          ``(1) performs an act of violence against any individual on 
        board any civil aircraft registered in a country other than the 
        United States while such aircraft is in flight, if such act is 
        likely to endanger the safety of that aircraft;
          ``(2) destroys a civil aircraft registered in a country other 
        than the United States while such aircraft is in service or 
        causes damage to such an aircraft which renders that aircraft 
        incapable of flight or which is likely to endanger that 
        aircraft's safety in flight; or
          ``(3) places or causes to be placed on a civil aircraft 
        registered in a country other than the United States while such 
        aircraft is in service, a device or substance which is likely 
        to destroy that aircraft, or to cause damage to that aircraft 
        which renders that aircraft incapable of flight or which is 
        likely to endanger that aircraft's safety in flight,
shall be imprisoned not more than 20 years. There is also 
extraterritorial jurisdiction over an offense under this subsection if 
a national of the United States was on board, or would have been on 
board, the aircraft; an offender is a national of the United States; or 
an offender is afterwards found in the United States.
  ``(c) Threats.--Whoever knowingly imparts or conveys any threat to do 
an act which would violate any of paragraphs (1) through (5) of 
subsection (a) or any of paragraphs (1) through (3) of subsection (b) 
of this section, with an apparent determination and will to carry the 
threat into execution shall be imprisoned not more than five years.

``Sec. 1302. Destruction of motor vehicles or motor vehicle facilities

  ``(a) Offense.--Whoever--
          ``(1) knowingly, with intent to endanger the safety of any 
        person on board or anyone who he believes will board the same, 
        or with a reckless disregard for the safety of human life, 
        damages, disables, destroys, tampers with, or places or causes 
        to be placed any explosive or other destructive substance in, 
        upon, or in proximity to, any motor vehicle which is used, 
        operated, or employed in interstate or foreign commerce, or its 
        cargo or material used or intended to be used in connection 
        with its operation;
          ``(2) knowingly, with like intent, damages, disables, 
        destroys;
          ``(3) sets fire to, tampers with, or places or causes to be 
        placed any explosive or other destructive substance in, upon, 
        or in proximity to any garage, terminal, structure, supply, or 
        facility used in the operation of, or in support of the 
        operation of, motor vehicles engaged in interstate or foreign 
        commerce or otherwise makes or causes such property to be made 
        unworkable, unusable, or hazardous to work or use; or
          ``(4) with like intent, knowingly disables or incapacitates 
        any driver or person employed in connection with the operation 
        or maintenance of the motor vehicle, or in any way lessens the 
        ability of such person to perform his duties as such;
shall be imprisoned not more than 20 years.
  ``(b) Increased Penalty.--Whoever is convicted of a violation of 
subsection (a) involving a motor vehicle that, at the time the 
violation occurred, carried high-level radioactive waste (as that term 
is defined in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10101(12))) or spent nuclear fuel (as that term is defined in 
section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101(23))), shall be imprisoned for any term of years not less than 
30, or for life.

``Sec. 1303. Penalty when death results

  ``Whoever is convicted of any crime prohibited by this subchapter, 
which has resulted in the death of any person, shall be subject also to 
the death penalty or to imprisonment for life.

``Sec. 1304. Imparting or conveying false information

  ``(a) Civil Penalty.--Whoever imparts or conveys or causes to be 
imparted or conveyed false information, knowing the information to be 
false, concerning an attempt or alleged attempt being made or to be 
made, to do any act which would be a crime prohibited by this 
subchapter or subchapter B or D of this chapter shall be subject to a 
civil penalty of not more than $1,000 which shall be recoverable in a 
civil action brought in the name of the United States.
  ``(b) Criminal Offense.--Whoever knowingly, or with reckless 
disregard for the safety of human life, imparts or conveys or causes to 
be imparted or conveyed false information, knowing the information to 
be false, concerning an attempt or alleged attempt being made or to be 
made, to do any act which would be a crime prohibited by this 
subchapter or subchapter B or D of this chapter shall be imprisoned not 
more than five years.

``Sec. 1305. Violence at international airports

  ``(a) Offense.--Whoever unlawfully and knowingly, using any device, 
substance, or weapon--
          ``(1) performs an act of violence against a person at an 
        airport serving international civil aviation that causes or is 
        likely to cause serious bodily injury or death; or
          ``(2) destroys or seriously damages the facilities of an 
        airport serving international civil aviation or a civil 
        aircraft not in service located thereon or disrupts the 
        services of the airport,
shall be imprisoned not more than 20 years.
  ``(b) Jurisdiction.--There is jurisdiction over the prohibited 
activity in subsection (a) if--
          ``(1) the prohibited activity takes place in the United 
        States; or
          ``(2) the prohibited activity takes place outside the United 
        States and (A)the offender is later found in the United States; 
        or (B) an offender or a victim is a national of the United 
        States.
  ``(c) Bar to Prosecution.--It is a bar to Federal prosecution under 
subsection (a) for conduct that occurred within the United States that 
the conduct involved was during or in relation to a labor dispute, and 
such conduct is prohibited as a felony under the law of the State in 
which it was committed.
  ``(d) Definition.--As used in this section, the term `labor dispute' 
has the meaning set forth in section 13(c) of the Norris-LaGuardia Act, 
as amended (29 U.S.C. 113(c)).

``Sec. 1306. Fraud involving aircraft or space vehicle parts in 
                    interstate or foreign commerce

  ``(a) Offenses.--Whoever, in or affecting interstate or foreign 
commerce, knowingly and with the intent to defraud--
          ``(1)(A) falsifies or conceals a material fact concerning any 
        aircraft or space vehicle part;
          ``(B) makes any materially fraudulent representation 
        concerning any aircraft or space vehicle part; or
          ``(C) makes or uses any materially false writing, entry, 
        certification, document, record, data plate, label, or 
        electronic communication concerning any aircraft or space 
        vehicle part; or
          ``(2) exports from or imports or introduces into the United 
        States, sells, trades, installs on or in any aircraft or space 
        vehicle any aircraft or space vehicle part using or by means of 
        a fraudulent representation, document, record, certification, 
        depiction, data plate, label, or electronic communication;
shall be punished as provided in subsection (b).
  ``(b) Penalties.--The punishment for an offense under subsection (a) 
is as follows:
          ``(1) Aviation quality.--If the offense relates to the 
        aviation quality of a part and the part is installed in an 
        aircraft or space vehicle, a fine of not more than $500,000, 
        imprisonment for not more than 15 years, or both.
          ``(2) Failure to operate as represented.--If, by reason of 
        the failure of the part to operate as represented, the part to 
        which the offense is related is the proximate cause of a 
        malfunction or failure that results in serious bodily injury, a 
        fine of not more than $1,000,000, imprisonment for not more 
        than 20 years, or both.
          ``(3) Failure resulting in death.--If, by reason of the 
        failure of the part to operate as represented, the part to 
        which the offense is related is the proximate cause of a 
        malfunction or failure that results in the death of any person, 
        a fine of not more than $1,000,000, imprisonment for any term 
        of years or life, or both.
          ``(4) Other circumstances.--In the case of an offense under 
        subsection (a) not described in paragraph (1), (2), or (3) of 
        this subsection, a fine under this title, imprisonment for not 
        more than 10 years, or both.
          ``(5) Organizations.--If the offense is committed by an 
        organization, a fine of not more than--
                  ``(A) $10,000,000 in the case of an offense described 
                in paragraph (1) or (4); and
                  ``(B) $20,000,000 in the case of an offense described 
                in paragraph (2) or (3).
  ``(c) Civil Remedies.--
          ``(1) In general.--The district courts of the United States 
        shall have jurisdiction to prevent and restrain violations of 
        this section by issuing appropriate orders, including--
                  ``(A) ordering a person (convicted of an offense 
                under this section) to divest any interest, direct or 
                indirect, in any enterprise used to commit or 
                facilitate the commission of the offense, or to 
                destroy, or to mutilate and sell as scrap, aircraft 
                material or part inventories or stocks;
                  ``(B) imposing reasonable restrictions on the future 
                activities or investments of any such person, including 
                prohibiting engagement in the same type of endeavor as 
                used to commit the offense; and
                  ``(C) ordering the dissolution or reorganization of 
                any enterprise knowingly used to commit or facilitate 
                the commission of an offense under this section making 
                due provisions for the rights and interests of innocent 
                persons.
          ``(2) Restraining orders and prohibition.--Pending final 
        determination of a proceeding brought under this section, the 
        court may enter such restraining orders or prohibitions, or 
        take such other actions (including the acceptance of 
        satisfactory performance bonds) as the court deems proper.
          ``(3) Estoppel.--A final judgment rendered in favor of the 
        United States in any criminal proceeding brought under this 
        section shall stop the defendant from denying the essential 
        allegations of the criminal offense in any subsequent civil 
        proceeding brought by the United States.
  ``(e) Territorial Scope.--This section also applies to conduct 
occurring outside the United States if--
          ``(1) the offender is a natural person who is a citizen or 
        permanent resident alien of the United States, or an 
        organization organized under the laws of the United States or 
        political subdivision thereof;
          ``(2) the aircraft or spacecraft part as to which the 
        violation relates was installed in an aircraft or space vehicle 
        owned or operated at the time of the offense by a citizen or 
        permanent resident alien of the United States, or by an 
        organization thereof; or
          ``(3) an act in furtherance of the offense was committed in 
        the United States.

``Sec. 1307. Aircraft piracy

  ``(a) In Special Aircraft Jurisdiction.--(1) For the purposes of this 
subsection--
          ``(A) the term `aircraft piracy' means seizing or exercising 
        control of an aircraft in the special aircraft jurisdiction of 
        the United States by force, violence, threat of force or 
        violence, or any form of intimidation, and with wrongful 
        intent; and
          ``(B) an attempt to commit aircraft piracy is in the special 
        aircraft jurisdiction of the United States although the 
        aircraft is not in flight at the time of the attempt if the 
        aircraft would have been in the special aircraft jurisdiction 
        of the United States had the aircraft piracy been completed.
  ``(2) Whoever commits aircraft piracy shall be imprisoned for not 
less than 20 years.
  ``(b) Outside Special Aircraft Jurisdiction.--(1) Whoever commits an 
offense (as defined in the Convention for the Suppression of Unlawful 
Seizure of Aircraft) on an aircraft in flight outside the special 
aircraft jurisdiction of the United States shall be imprisoned for at 
least 20 years.
  ``(2) There is extrateritorial jurisdiction over the offense in 
paragraph (1) if--
          ``(A) a national of the United States was aboard the 
        aircraft;
          ``(B) an offender is a national of the United States; or
          ``(C) an offender is afterwards found in the United States.

``Sec. 1308. Interference with flight crew members and attendants

  ``An individual on an aircraft in the special aircraft jurisdiction 
of the United States who, by assaulting or intimidating a flight crew 
member or flight attendant of the aircraft, interferes with the 
performance of the duties of the member or attendant or lessens the 
ability of the member or attendant to perform those duties, shall be 
imprisoned for not more than 20 years. However, if a dangerous weapon 
is used in assaulting or intimidating the member or attendant, the 
individual shall be imprisoned for any term of years or for life.

``Sec. 1309. Carrying a weapon or explosive on an aircraft

  ``(a) Definition.--In this section, `loaded firearm' means a starter 
gun or a weapon designed or converted to expel a projectile through an 
explosive, that has a cartridge, a detonator, or powder in the chamber, 
magazine, cylinder, or clip.
  ``(b) General Criminal Penalty.--An individual shall be imprisoned 
for not more than 10 years if the individual--
          ``(1) when on, or attempting to get on, an aircraft in, or 
        intended for operation in, air transportation or intrastate air 
        transportation, has on or about the individual or the property 
        of the individual a concealed dangerous weapon that is or would 
        be accessible to the individual in flight;
          ``(2) has placed, attempted to place, or attempted to have 
        placed a loaded firearm on that aircraft in property not 
        accessible to passengers in flight; or
          ``(3) has on or about the individual, or has placed, 
        attempted to place, or attempted to have placed on that 
        aircraft, an explosive or incendiary device.
  ``(c) Criminal Penalty Involving Disregard for Human Life.--An 
individual who willfully and without regard for the safety of human 
life, or with reckless disregard for the safety of human life, violates 
subsection (b) of this section, shall be imprisoned for not more than 
20 years, and, if death results to any person, shall be imprisoned for 
any term of years or for life.
  ``(d) Nonapplication.--Subsection (b)(1) of this section does not 
apply to--
          ``(1) a law enforcement officer of a State or political 
        subdivision of a State, or an officer or employee of the United 
        States Government, authorized to carry arms in an official 
        capacity;
          ``(2) another individual the Administrator of the Federal 
        Aviation Administration or the Under Secretary of 
        Transportation for Security by regulation authorizes to carry a 
        dangerous weapon in air transportation or intrastate air 
        transportation; or
          ``(3) an individual transporting a weapon (except a loaded 
        firearm) in baggage not accessible to a passenger in flight if 
        the air carrier was informed of the presence of the weapon.

``Sec. 1310. Application of certain criminal laws to acts on aircraft

  ``An individual on an aircraft in the special aircraft jurisdiction 
of the United States who commits an act that--
          ``(1) if committed in the special maritime and territorial 
        jurisdiction of the United States (as defined in section 7 of 
        title 18) would violate section 102, 111, 141, 650, 651, or 
        subchapter A of chapter 13, shall be imprisoned under that 
        section or chapter; or
          ``(2) if committed in the District of Columbia would violate 
        section 9 of the Act of July 29, 1892 (D.C. Code Sec. 22-1112), 
        shall be imprisoned under section 9 of the Act.

``Sec. 1311. Definitions

  ``(a) Definitions.--As used in sections 1301 through 1307, the 
following definitions apply:
          ``(1) Aircraft.--The term `aircraft' means a civil, military, 
        or public contrivance invented, used, or designed to navigate, 
        fly, or travel in the air.
          ``(2) Aviation quality.--The term `aviation quality', with 
        respect to a part of an aircraft or space vehicle, means the 
        quality of having been manufactured, constructed, produced, 
        maintained, repaired, overhauled, rebuilt, reconditioned, or 
        restored in conformity with applicable standards specified by 
        law (including applicable regulations).
          ``(3) Destructive substance.--The term `destructive 
        substance' means an explosive substance, flammable material, 
        infernal machine, or other chemical, mechanical, or radioactive 
        device or matter of a combustible, contaminative, corrosive, or 
        explosive nature.
          ``(4) In flight.--The term `in flight' means--
                  ``(A) any time from the moment at which all the 
                external doors of an aircraft are closed following 
                embarkation until the moment when any such door is 
                opened for disembarkation; and
                  ``(B) in the case of a forced landing, until 
                competent authorities take over the responsibility for 
                the aircraft and the persons and property on board.
          ``(5) In service.--The term `in service' means--
                  ``(A) any time from the beginning of preflight 
                preparation of an aircraft by ground personnel or by 
                the crew for a specific flight until 24 hours after any 
                landing; and
                  ``(B) in any event includes the entire period during 
                which the aircraft is in flight.
          ``(6) Motor vehicle.--The term `motor vehicle' means every 
        description of carriage or other contrivance propelled or drawn 
        by mechanical power and used for commercial purposes on the 
        highways in the transportation of passengers, passengers and 
        property, or property or cargo.
          ``(7) Part.--The term `part' means a frame, assembly, 
        component, appliance, engine, propeller, material, part, spare 
        part, piece, section, or related integral or auxiliary 
        equipment.
          ``(8) Space vehicle.--The term `space vehicle' means a man-
        made device, either manned or unmanned, designed for operation 
        beyond the Earth's atmosphere.
          ``(9) Used for commercial purposes.--The term `used for 
        commercial purposes' means the carriage of persons or property 
        for any fare, fee, rate, charge or other consideration, or 
        directly or indirectly in connection with any business, or 
        other undertaking intended for profit.
  ``(b) Terms Defined in Other Law.--In this subchapter, the terms 
`aircraft engine', `air navigation facility', `appliance', `civil 
aircraft', `foreign air commerce', `interstate air commerce', `landing 
area', `overseas air commerce', `propeller', `spare part', and `special 
aircraft jurisdiction of the United States' have the meanings given 
those terms in sections 40102(a) and 46501 of title 49.

                       ``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.

``Sec. 1331. Terrorist attacks and other violence against railroad 
                    carriers and against mass transportation systems on 
                    land, on water, or through the air

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

                  ``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.

``Sec. 1341. Drunkenness or neglect of duty by seamen

  ``Whoever, being a master, officer, radio operator, seaman, 
apprentice or other person employed on any merchant vessel, by willful 
breach of duty, or by reason of drunkenness, does any act tending to 
the immediate loss or destruction of, or serious damage to, such 
vessel, or tending immediately to endanger the life or limb of any 
person belonging to or on board of such vessel; or, by knowing breach 
of duty or by neglect of duty or by reason of drunkenness, refuses or 
omits to do any lawful act proper and requisite to be done by him for 
preserving such vessel from immediate loss, destruction, or serious 
damage, or for preserving any person belonging to or on board of such 
ship from immediate danger to life or limb, shall be imprisoned not 
more than one year.

``Sec. 1342. Misuse of Federal certificate, license, or document

  ``Whoever--
          ``(1) not being lawfully entitled thereto, uses, exhibits, or 
        attempts to use or exhibit, or, with intent unlawfully to use 
        the same, receives or possesses any certificate, license, or 
        document issued to vessels, or officers or seamen by any 
        officer or employee of the United States authorized by law to 
        issue the same;
          ``(2) without authority, alters or attempts to alter any such 
        certificate, license, or document by addition, interpolation, 
        deletion, or erasure;
          ``(3) forges, counterfeits, or steals, or attempts to forge, 
        counterfeit, or steal, any such certificate, license, or 
        document; or unlawfully possesses or knowingly uses any such 
        altered, changed, forged, counterfeit, or stolen certificate, 
        license, or document;
          ``(4) without authority, prints or manufactures any blank 
        form of such certificate, license, or document, or Whoever 
        possesses without lawful excuse, and with intent unlawfully to 
        use the same, any blank form of such certificate, license, or 
        document; or
          ``(5) in any manner, transfers or negotiates such transfer 
        of, any blank form of such certificate, license, or document, 
        or any such altered, forged, counterfeit, or stolen 
        certificate, license, or document, or any such certificate, 
        license, or document to which the party transferring or 
        receiving the same is not lawfully entitled;
shall be imprisoned not more than five years.

``Sec. 1343. Stowaways on vessels or aircraft

  ``(a) Offense.--Whoever--
          ``(1) without the consent of the owner, charterer, master, or 
        person in command of any vessel, or aircraft, with intent to 
        obtain transportation, boards, enters or secretes himself 
        aboard such vessel or aircraft and is thereon at the time of 
        departure of said vessel or aircraft from a port, harbor, 
        wharf, airport or other place within the jurisdiction of the 
        United States;
          ``(2) with like intent, having boarded, entered or secreted 
        himself aboard a vessel or aircraft at any place within or 
        without the jurisdiction of the United States, remains aboard 
        after the vessel or aircraft has left such place and is thereon 
        at any place within the jurisdiction of the United States; or
          ``(3) with intent to obtain a ride or transportation, boards 
        or enters any aircraft owned or operated by the United States 
        without the consent of the person in command or other duly 
        authorized officer or agent;
shall be punished as provided in subsection (b).
  ``(b) Punishment.--The punishment for an offense under subsection (a) 
is imprisonment for not more than 5 years, but--
          ``(1) if the person commits an offense under this section, 
        with the intent to commit serious bodily injury, and serious 
        bodily injury occurs to any person other than a participant as 
        a result of the offense shall be imprisoned not more than 20 
        years; and
          ``(2) if an individual commits an offense under this section, 
        with the intent to cause death, and if the death of any person 
        other than a participant occurs as a result of the offense 
        shall be imprisoned for any number of years or for life.
  ``(c) Definition.--As used in this section the term `aircraft' 
includes any contrivance for navigation or flight in the air.

                        ``SUBCHAPTER D--SHIPPING

``Sec.
``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.
``1350.  Operation of submersible vessel or semi-submersible vessel 
          without nationality.

``Sec. 1345. Violence against maritime navigation

  ``(a) Offenses.--
          ``(1) In general.--A person who unlawfully and 
        intentionally--
                  ``(A) seizes or exercises control over a ship by 
                force or threat thereof or any other form of 
                intimidation;
                  ``(B) performs an act of violence against a person on 
                board a ship if that act is likely to endanger the safe 
                navigation of that ship;
                  ``(C) destroys a ship or causes damage to a ship or 
                to its cargo which is likely to endanger the safe 
                navigation of that ship;
                  ``(D) places or causes to be placed on a ship, by any 
                means whatsoever, a device or substance which is likely 
                to destroy that ship, or cause damage to that ship or 
                its cargo which endangers or is likely to endanger the 
                safe navigation of that ship;
                  ``(E) destroys or seriously damages maritime 
                navigational facilities or seriously interferes with 
                their operation, if such act is likely to endanger the 
                safe navigation of a ship;
                  ``(F) communicates information, knowing the 
                information to be false and under circumstances in 
                which such information may reasonably be believed, 
                thereby endangering the safe navigation of a ship; or
                  ``(G) injures or kills any person in connection with 
                the commission or the attempted commission of any of 
                the offenses set forth in subparagraphs (A) through 
                (F),
        shall be imprisoned not more than 20 years; and if the death of 
        any person results from conduct prohibited by this paragraph, 
        shall be punished by death or imprisoned for any term of years 
        or for life.
          ``(2) Threat to navigation.--A person who threatens to do any 
        act prohibited under paragraph (1)(B), (C) or (E), with 
        apparent determination and will to carry the threat into 
        execution, if the threatened act is likely to endanger the safe 
        navigation of the ship in question, shall be imprisoned not 
        more than 5 years.
  ``(b) Jurisdiction.--There is jurisdiction over the activity 
prohibited in subsection (a)--
          ``(1) in the case of a covered ship, if--
                  ``(A) such activity is committed--
                          ``(i) against or on board a ship flying the 
                        flag of the United States at the time the 
                        prohibited activity is committed;
                          ``(ii) in the United States; or
                          ``(iii) by a national of the United States or 
                        by a stateless person whose habitual residence 
                        is in the United States;
                  ``(B) during the commission of such activity, a 
                national of the United States is seized, threatened, 
                injured or killed; or
                  ``(C) the offender is later found in the United 
                States after such activity is committed;
          ``(2) in the case of a ship navigating or scheduled to 
        navigate solely within the territorial sea or internal waters 
        of a country other than the United States, if the offender is 
        later found in the United States after such activity is 
        committed; and
          ``(3) in the case of any vessel, if such activity is 
        committed in an attempt to compel the United States to do or 
        abstain from doing any act.
  ``(c) Bar to Prosecution.--It is a bar to Federal prosecution under 
subsection (a) for conduct that occurred within the United States that 
the conduct involved was during or in relation to a labor dispute, and 
such conduct is prohibited as a felony under the law of the State in 
which it was committed. For purposes of this section, the term `labor 
dispute' has the meaning set forth in section 13(c) of the Norris-
LaGuardia Act (29 U.S.C. 113(c)).
  ``(d) Delivery of Suspected Offender.--The master of a covered ship 
flying the flag of the United States who has reasonable grounds to 
believe that there is on board that ship any person who has committed 
an offense under Article 3 of the Convention for the Suppression of 
Unlawful Acts Against the Safety of Maritime Navigation may deliver 
such person to the authorities of a State Party to that Convention. 
Before delivering such person to the authorities of another country, 
the master shall notify in an appropriate manner the Attorney General 
of the United States of the alleged offense and await instructions from 
the Attorney General as to what action to take. When delivering the 
person to a country which is a State Party to the Convention, the 
master shall, whenever practicable, and if possible before entering the 
territorial sea of such country, notify the authorities of such country 
of the master's intention to deliver such person and the reasons 
therefor. If the master delivers such person, the master shall furnish 
to the authorities of such country the evidence in the master's 
possession that pertains to the alleged offense.
  ``(e) Definitions.--As used in this section--
          ``(1) the term `covered ship' means a ship that is navigating 
        or is scheduled to navigate into, through or from waters beyond 
        the outer limit of the territorial sea of a single country or a 
        lateral limit of that country's territorial sea with an 
        adjacent country;
          ``(2) the term `territorial sea of the United States' means 
        all waters extending seaward to 12 nautical miles from the 
        baselines of the United States determined in accordance with 
        international law; and
          ``(3) the term `ship' means a vessel of any type whatsoever 
        not permanently attached to the sea-bed, including dynamically 
        supported craft, submersibles or any other floating craft, but 
        does not include a warship, a ship owned or operated by a 
        government when being used as a naval auxiliary or for customs 
        or police purposes, or a ship which has been withdrawn from 
        navigation or laid up.

``Sec. 1346. Devices or dangerous substances in waters of the United 
                    States likely to destroy or damage ships or to 
                    interfere with maritime commerce

  ``(a) Offense.--Whoever knowingly places in navigable waters of the 
United States a device or dangerous substance which is likely--
          ``(1) to destroy or cause damage to a vessel or its cargo;
          ``(2) to cause interference with the safe navigation of 
        vessels, or interference with maritime commerce (such as by 
        damaging or destroying marine terminals, facilities, or any 
        other marine structure or entity used in maritime commerce);
with the intent of causing such destruction or damage, interference 
with the safe navigation of vessels, or interference with maritime 
commerce shall be imprisoned for any term of years or for life.
  ``(b) Special Rule for Offense Resulting in Death.--Whoever causes 
the death of any person by engaging in conduct prohibited under 
subsection (a) may be punished by death.
  ``(c) Rule of Construction.--Nothing in this section shall be 
construed to apply to otherwise lawfully authorized and conducted 
activities of the United States Government.
  ``(d) Definitions.--As used in this section--
          ``(1) the term `dangerous substance' means any solid, liquid, 
        or gaseous material that has the capacity to cause damage to a 
        vessel or its cargo, or cause interference with the safe 
        navigation of a vessel; and
          ``(2) the term `device' means any object that, because of its 
        physical, mechanical, structural, or chemical properties, has 
        the capacity to cause damage to a vessel or its cargo, or cause 
        interference with the safe navigation of a vessel.

``Sec. 1347. Violence against aids to maritime navigation

  ``Whoever intentionally destroys, seriously damages, alters, moves, 
or tampers with any aid to maritime navigation maintained by the Saint 
Lawrence Seaway Development Corporation under the authority of section 
4 of the Act of May 13, 1954 (33 U.S.C. 984), by the Coast Guard 
pursuant to section 81 of title 14, or lawfully maintained under 
authority granted by the Coast Guard pursuant to section 83 of title 
14, if such act endangers or is likely to endanger the safe navigation 
of a ship, shall imprisoned for not more than 20 years.

``Sec. 1348. Transportation of explosive, biological, chemical, or 
                    radioactive or nuclear materials

  ``(a) In General.--Whoever knowingly transports aboard any vessel 
within the United States and on waters subject to the jurisdiction of 
the United States or any vessel outside the United States and on the 
high seas or having United States nationality an explosive or 
incendiary device, biological agent, chemical weapon, or radioactive or 
nuclear material, knowing that any such item is intended to be used to 
commit an offense listed in section 273(h)(3)(B), shall be imprisoned 
for any term of years or for life.
  ``(b) Causing Death.--Whoever causes the death of a person by 
engaging in conduct prohibited by subsection (a) may be punished by 
death.
  ``(c) Definitions.--In this section:
          ``(1) Biological agent.--The term `biological agent' means 
        any biological agent, toxin, or vector (as those terms are 
        defined in section 178).
          ``(2) By-product material.--The term `by-product material' 
        has the meaning given that term in section 11(e) of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2014(e)).
          ``(3) Chemical weapon.--The term `chemical weapon' has the 
        meaning given that term in section 229F(1).
          ``(4) Explosive or incendiary device.--The term `explosive or 
        incendiary device' has the meaning given the term in section 
        232(5) and includes explosive materials, as that term is 
        defined in section 841(c) and explosive as defined in section 
        844(j).
          ``(5) Nuclear material.--The term `nuclear material' has the 
        meaning given that term in section 831(f)(1).
          ``(6) Radioactive material.--The term `radioactive material' 
        means--
                  ``(A) source material and special nuclear material, 
                but does not include natural or depleted uranium;
                  ``(B) nuclear by-product material;
                  ``(C) material made radioactive by bombardment in an 
                accelerator; or
                  ``(D) all refined isotopes of radium.
          ``(7) Source material.--The term `source material' has the 
        meaning given that term in section 11(z) of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2014(z)).
          ``(8) Special nuclear material.--The term `special nuclear 
        material' has the meaning given that term in section 11(aa) of 
        the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).

``Sec. 1349. Transportation of terrorists

  ``(a) In General.--Whoever knowingly and intentionally transports any 
terrorist aboard any vessel within the United States and on waters 
subject to the jurisdiction of the United States or any vessel outside 
the United States and on the high seas or having United States 
nationality, knowing that the transported person is a terrorist, shall 
be imprisoned for any term of years or for life.
  ``(b) Defined Term.--In this section, the term `terrorist' means any 
person who intends to commit, or is avoiding apprehension after having 
committed, an offense listed under section 2332b(g)(5)(B).

``Sec. 1350. Operation of submersible vessel or semi-submersible vessel 
                    without nationality

  ``(a) Offense.--Whoever knowingly operates, by any means, or embarks 
in any submersible vessel or semi-submersible vessel that is without 
nationality and that is navigating or has navigated into, through, or 
from waters beyond the outer limit of the territorial sea of a single 
country or a lateral limit of that country's territorial sea with an 
adjacent country, with the intent to evade detection, shall be 
imprisoned not more than 15 years.
  ``(b) Evidence of Intent To Evade Detection.--For purposes of 
subsection (a), the presence of any of the indicia described in 
paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), 
of section 70507(b) of title 46 may be considered, in the totality of 
the circumstances, to be prima facie evidence of intent to evade 
detection.
  ``(c) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over an offense under this section.
  ``(d) Claim of Nationality or Registry.--A claim of nationality or 
registry under this section includes only--
          ``(1) possession on board the vessel and production of 
        documents evidencing the vessel's nationality as provided in 
        article 5 of the 1958 Convention on the High Seas;
          ``(2) flying its nation's ensign or flag; or
          ``(3) a verbal claim of nationality or registry by the master 
        or individual in charge of the vessel.
  ``(e) Affirmative Defenses.--
          ``(1) In general.--It is an affirmative defense to a 
        prosecution for a violation of subsection (a), which the 
        defendant has the burden to prove by a preponderance of the 
        evidence, that the submersible vessel or semi-submersible 
        vessel involved was, at the time of the offense--
                  ``(A) a vessel of the United States or lawfully 
                registered in a foreign nation as claimed by the master 
                or individual in charge of the vessel when requested to 
                make a claim by an officer of the United States 
                authorized to enforce applicable provisions of United 
                States law;
                  ``(B) classed by and designed in accordance with the 
                rules of a classification society;
                  ``(C) lawfully operated in government-regulated or 
                licensed activity, including commerce, research, or 
                exploration; or
                  ``(D) equipped with and using an operable automatic 
                identification system, vessel monitoring system, or 
                long range identification and tracking system.
          ``(2) Production of documents.--The affirmative defenses 
        provided by this subsection are proved conclusively by the 
        production of--
                  ``(A) government documents evidencing the vessel's 
                nationality at the time of the offense, as provided in 
                article 5 of the 1958 Convention on the High Seas;
                  ``(B) a certificate of classification issued by the 
                vessel's classification society upon completion of 
                relevant classification surveys and valid at the time 
                of the offense; or
                  ``(C) government documents evidencing licensure, 
                regulation, or registration for commerce, research, or 
                exploration.
  ``(f) Federal Activities Excepted.--Nothing in this section applies 
to lawfully authorized activities carried out by or at the direction of 
the United States Government.
  ``(g) Applicability of Other Provisions.--Sections 70504 and 70505 of 
title 46 apply to offenses under this section in the same manner as 
they apply to offenses under section 70503 of such title.
  ``(h) Definitions.--In this section, the terms `submersible vessel', 
`semi-submersible vessel', `vessel of the United States', and `vessel 
without nationality' have the meaning given those terms in section 
70502 of title 46.

   ``SUBCHAPTER E--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR 
                          MARITIME FACILITIES

``Sec.
``1351.  Jurisdiction and scope.
``1352.  Destruction of vessel or maritime facility.
``1353.  Imparting or conveying false information.
``1354.  Bar to prosecution.
``1355.  Bribery affecting port security.

``Sec. 1351. Jurisdiction and scope

  ``(a) Jurisdiction.--There is jurisdiction, including 
extraterritorial jurisdiction, over an offense under section 1352 if 
the prohibited activity takes place--
          ``(1) within the United States and within waters subject to 
        the jurisdiction of the United States; or
          ``(2) outside United States and--
                  ``(A) an offender or a victim is a national of the 
                United States (as that term is defined under section 
                101(a)(22) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(22));
                  ``(B) the activity involves a vessel in which a 
                national of the United States was on board; or
                  ``(C) the activity involves a vessel of the United 
                States (as that term is defined under section 2 of the 
                Maritime Drug Law Enforcement Act (46 U.S.C. App. 
                1903).
  ``(b) Scope.--Nothing in this subchapter shall apply to otherwise 
lawful activities carried out by or at the direction of the United 
States Government.

``Sec. 1352. Destruction of vessel or maritime facility

  ``(a) Offense.--Whoever knowingly--
          ``(1) sets fire to, damages, destroys, disables, or wrecks 
        any vessel;
          ``(2) places or causes to be placed a destructive device, as 
        defined in section 921(a)(4), destructive substance, as defined 
        in section 581, or an explosive, as defined in section 611 in, 
        upon, or near, or otherwise makes or causes to be made 
        unworkable or unusable or hazardous to work or use, any vessel, 
        or any part or other materials used or intended to be used in 
        connection with the operation of a vessel;
          ``(3) sets fire to, damages, destroys, or disables or places 
        a destructive device or substance in, upon, or near, any 
        maritime facility, including any aid to navigation, lock, 
        canal, or vessel traffic service facility or equipment;
          ``(4) interferes by force or violence with the operation of 
        any maritime facility, including any aid to navigation, lock, 
        canal, or vessel traffic service facility or equipment, if such 
        action is likely to endanger the safety of any vessel in 
        navigation;
          ``(5) sets fire to, damages, destroys, or disables or places 
        a destructive device or substance in, upon, or near, any 
        appliance, structure, property, machine, or apparatus, or any 
        facility or other material used, or intended to be used, in 
        connection with the operation, maintenance, loading, unloading, 
        or storage of any vessel or any passenger or cargo carried or 
        intended to be carried on any vessel;
          ``(6) performs an act of violence against or incapacitates 
        any individual on any vessel, if such act of violence or 
        incapacitation is likely to endanger the safety of the vessel 
        or those on board;
          ``(7) performs an act of violence against a person that 
        causes or is likely to cause serious bodily injury in, upon, or 
        near, any appliance, structure, property, machine, or 
        apparatus, or any facility or other material used, or intended 
        to be used, in connection with the operation, maintenance, 
        loading, unloading, or storage of any vessel or any passenger 
        or cargo carried or intended to be carried on any vessel; or
          ``(8) communicates information, knowing the information to be 
        false and under circumstances in which such information may 
        reasonably be believed, thereby endangering the safety of any 
        vessel in navigation;
shall be imprisoned not more than 20 years.
  ``(b) Limitation.--Subsection (a) does not apply to any person that 
is engaging in otherwise lawful activity, such as normal repair and 
salvage activities, and the transportation of hazardous materials 
regulated and allowed to be transported under chapter 51 of title 49.
  ``(c) Penalty.--Whoever is convicted under subsection (a) as a result 
of an act involving a vessel that, at the time of the violation, 
carried high-level radioactive waste (as that term is defined in 
section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101(12)) or spent nuclear fuel (as that term is defined in section 
2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23)), 
shall be imprisoned for any term of years or for life.
  ``(d) Penalty When Death Results.--Whoever is convicted under 
subsection (a) and intended to cause death by the prohibited conduct, 
if the conduct resulted in the death of any person, shall be subject to 
the death penalty or to imprisonment for any term of years or for life.
  ``(e) Threats.--Whoever knowingly and intentionally imparts or 
conveys any threat to do an act which would violate this subchapter, 
with an apparent determination and will to carry the threat into 
execution, shall be imprisoned not more than 5 years and is liable for 
all costs incurred as a result of such threat.

``Sec. 1353. Imparting or conveying false information

  ``(a) In General.--Whoever imparts or conveys or causes to be 
imparted or conveyed false information, knowing the information to be 
false, concerning an attempt or alleged attempt being made or to be 
made, to do any act that would be a crime prohibited by this subchapter 
or by subchapter D, shall be subject to a civil penalty of not more 
than $5,000, which shall be recoverable in a civil action brought in 
the name of the United States.
  ``(b) Malicious Conduct.--Whoever knowingly, intentionally, 
maliciously, or with reckless disregard for the safety of human life, 
imparts or conveys or causes to be imparted or conveyed false 
information, knowing the information to be false, concerning an attempt 
or alleged attempt to do any act which would be a crime prohibited by 
this subchapter or by subchapter D, shall be imprisoned not more than 5 
years.
  ``(c) Jurisdiction.--Jurisdiction over an offense under this section 
shall be determined in accordance with the provisions applicable to the 
offense under section 1352, or under subchapter D, to which the 
imparted or conveyed false information relates, as applicable.

``Sec. 1354. Bar to prosecution

  ``(a) In General.--It is a bar to prosecution under section 1352 or 
1353 that--
          ``(1) the conduct in question occurred within the United 
        States in relation to a labor dispute, and such conduct is 
        prohibited as a felony under the law of the State in which it 
        was committed; or
          ``(2) such conduct is prohibited as a misdemeanor, and not as 
        a felony, under the law of the State in which it was committed.
  ``(b) Definition.--In this section, the term `labor dispute' has the 
meaning given that term in section 13(c) of the Act to amend the 
Judicial Code and to define and limit the jurisdiction of courts 
sitting in equity, and for other purposes (29 U.S.C. 113(c), commonly 
known as the Norris-LaGuardia Act).

``Sec. 1355. Bribery affecting port security

  ``(a) In General.--Whoever knowingly--
          ``(1) directly or indirectly, corruptly gives, offers, or 
        promises anything of value to any public or private person, 
        with intent to commit international terrorism or domestic 
        terrorism (as those terms are defined under section 283), to--
                  ``(A) influence any action or any person to commit or 
                aid in committing, or collude in, or allow, any fraud, 
                or make opportunity for the commission of any fraud 
                affecting any secure or restricted area or seaport; or
                  ``(B) induce any official or person to do or omit to 
                do any act in violation of the lawful duty of such 
                official or person that affects any secure or 
                restricted area or seaport; or
          ``(2) directly or indirectly, corruptly demands, seeks, 
        receives, accepts, or agrees to receive or accept anything of 
        value personally or for any other person or entity in return 
        for--
                  ``(A) being influenced in the performance of any 
                official act affecting any secure or restricted area or 
                seaport; and
                  ``(B) knowing that such influence will be used to 
                commit, or plan to commit, international or domestic 
                terrorism,
shall be imprisoned not more than 15 years.
  ``(b) Definition.--In this section, the term `secure or restricted 
area' means an area of a vessel or facility designated as secure in an 
approved security plan, as required under section 70103 of title 46, 
and the rules and regulations promulgated under that section.

                    ``CHAPTER 35--REGULATORY CRIMES

``Subchapter
                                                                    Sec.
``A. Animals, birds, fish, and plants.............................  1371

``B. Gambling.....................................................  1381

``C. Protection of trade secrets..................................  1391

``D. Trafficking in contraband cigarettes.........................  1411

``E. Child support................................................  1431

``F. Obscenity....................................................  1441

``G. Money laundering.............................................  1451

            ``SUBCHAPTER A--ANIMALS, BIRDS, FISH, AND PLANTS

``Sec.
``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.  Depiction of animal cruelty.
``1376.  Enforcement of animal fighting prohibitions.

``Sec. 1371. Hunting, fishing, trapping; disturbance or injury on 
                    wildlife refuges

  ``Whoever, except in compliance with rules and regulations 
promulgated by authority of law, hunts, traps, captures, knowingly 
disturbs or kills any bird, fish, or wild animal of any kind whatever, 
or takes or destroys the eggs or nest of any such bird or fish, on any 
lands or waters which are set apart or reserved as sanctuaries, refuges 
or breeding grounds for such birds, fish, or animals under any law of 
the United States or knowingly injures, molests, or destroys any 
property of the United States on any such lands or waters, shall be 
imprisoned not more than six months.

``Sec. 1372. Importation or shipment of injurious mammals, birds, fish 
                    (including mollusks and crustacea), amphibia, and 
                    reptiles; permits, specimens for museums; 
                    regulations

  ``(a) Prohibition.--The importation into the United States, any 
territory of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, or any possession of the United States, or 
any shipment between the continental United States, the District of 
Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of 
the United States, of the mongoose of the species Herpestes 
auropunctatus; of the species of so-called `flying foxes' or fruit bats 
of the genus Pteropus; of the zebra mussel of the species Dreissena 
polymorpha; and such other species of wild mammals, wild birds, fish 
(including mollusks and crustacea), amphibians, reptiles, brown tree 
snakes, or the offspring or eggs of any of the foregoing which the 
Secretary of the Interior may prescribe by regulation to be injurious 
to human beings, to the interests of agriculture, horticulture, 
forestry, or to wildlife or the wildlife resources of the United 
States, is hereby prohibited. All such prohibited mammals, birds, fish 
(including mollusks and crustacea), amphibians, and reptiles, and the 
eggs or offspring therefrom, shall be promptly exported or destroyed at 
the expense of the importer or consignee. Nothing in this section shall 
be construed to repeal or modify any provision of the Public Health 
Service Act or Federal Food, Drug, and Cosmetic Act. Also, this section 
shall not authorize any action with respect to the importation of any 
plant pest as defined in the Federal Plant Pest Act, insofar as such 
importation is subject to regulation under that Act.
  ``(b) Definition.--As used in subsection (a), the term `wild' relates 
to any creatures that, whether or not raised in captivity, normally are 
found in a wild state; and the terms `wildlife' and `wildlife 
resources' include those resources that comprise wild mammals, wild 
birds, fish (including mollusks and crustacea), and all other classes 
of wild creatures whatsoever, and all types of aquatic and land 
vegetation upon which such wildlife resources are dependent.
  ``(c) Permission for Importation.--Notwithstanding the foregoing, the 
Secretary of the Interior, when he finds that there has been a proper 
showing of responsibility and continued protection of the public 
interest and health, shall permit the importation for zoological, 
educational, medical, and scientific purposes of any mammals, birds, 
fish, (including mollusks and crustacea), amphibia, and reptiles, or 
the offspring or eggs thereof, where such importation would be 
prohibited otherwise by or pursuant to this Act, and this Act shall not 
restrict importations by Federal agencies for their own use.
  ``(d) Exclusion.--Nothing in this section restricts the importation 
of dead natural-history specimens for museums or for scientific 
collections, or the importation of domesticated canaries, parrots 
(including all other species of psittacine birds), or such other cage 
birds as the Secretary of the Interior may designate.
  ``(e) Enforcement.--The Secretary of the Treasury and the Secretary 
of the Interior shall enforce the provisions of this subsection, 
including any regulations issued hereunder, and, if requested by the 
Secretary of the Interior, the Secretary of the Treasury may require 
the furnishing of an appropriate bond when desirable to insure 
compliance with such provisions.
  ``(f) Offense.--Whoever violates this section, or any regulation 
issued pursuant thereto, shall be imprisoned not more than six months.

``Sec. 1373. Force, violence, and threats involving animal enterprises

  ``(a) Offense.--Whoever travels in interstate or foreign commerce, or 
uses or causes to be used the mail or any facility of interstate or 
foreign commerce--
          ``(1) for the purpose of damaging or interfering with the 
        operations of an animal enterprise; and
          ``(2) in connection with such purpose--
                  ``(A) intentionally damages or causes the loss of any 
                real or personal property (including animals or 
                records) used by an animal enterprise, or any real or 
                personal property of a person or entity having a 
                connection to, relationship with, or transactions with 
                an animal enterprise; or
                  ``(B) intentionally places a person in reasonable 
                fear of the death of, or serious bodily injury to that 
                person, a member of the immediate family (as defined in 
                section 115) of that person, or a spouse or intimate 
                partner of that person by a course of conduct involving 
                threats, acts of vandalism, property damage, criminal 
                trespass, harassment, or intimidation;
shall be punished as provided for in subsection (b).
  ``(b) Penalties.--The punishment for a violation of section (a) or an 
attempt or conspiracy to violate subsection (a) shall be--
          ``(1) a fine under this title or imprisonment not more than 1 
        year, or both, if the offense does not instill in another the 
        reasonable fear of serious bodily injury or death and--
                  ``(A) the offense results in no economic damage or 
                bodily injury; or
                  ``(B) the offense results in economic damage that 
                does not exceed $10,000;
          ``(2) a fine under this title or imprisonment for not more 
        than 5 years, or both, if no bodily injury occurs and--
                  ``(A) the offense results in economic damage 
                exceeding $10,000 but not exceeding $100,000; or
                  ``(B) the offense instills in another the reasonable 
                fear of serious bodily injury or death;
          ``(3) a fine under this title or imprisonment for not more 
        than 10 years, or both, if--
                  ``(A) the offense results in economic damage 
                exceeding $100,000; or
                  ``(B) the offense results in substantial bodily 
                injury to another individual;
          ``(4) a fine under this title or imprisonment for not more 
        than 20 years, or both, if--
                  ``(A) the offense results in serious bodily injury to 
                another individual; or
                  ``(B) the offense results in economic damage 
                exceeding $1,000,000; and
          ``(5) imprisonment for life or for any terms of years, a fine 
        under this title, or both, if the offense results in death of 
        another individual.
  ``(c) Restitution.--An order of restitution under this title with 
respect to a violation of this section may also include restitution--
          ``(1) for the reasonable cost of repeating any 
        experimentation that was interrupted or invalidated as a result 
        of the offense;
          ``(2) for the loss of food production or farm income 
        reasonably attributable to the offense; and
          ``(3) for any other economic damage, including any losses or 
        costs caused by economic disruption, resulting from the 
        offense.
  ``(d) Definitions.--As used in this section--
          ``(1) the term `animal enterprise' means--
                  ``(A) a commercial or academic enterprise that uses 
                or sells animals or animal products for profit, food or 
                fiber production, agriculture, education, research, or 
                testing;
                  ``(B) a zoo, aquarium, animal shelter, pet store, 
                breeder, furrier, circus, or rodeo, or other lawful 
                competitive animal event; or
                  ``(C) any fair or similar event intended to advance 
                agricultural arts and sciences;
          ``(2) the term `course of conduct' means a pattern of conduct 
        composed of 2 or more acts, evidencing a continuity of purpose;
          ``(3) the term `economic damage'--
                  ``(A) means the replacement costs of lost or damaged 
                property or records, the costs of repeating an 
                interrupted or invalidated experiment, the loss of 
                profits, or increased costs, including losses and 
                increased costs resulting from threats, acts or 
                vandalism, property damage, trespass, harassment, or 
                intimidation taken against a person or entity on 
                account of that person's or entity's connection to, 
                relationship with, or transactions with the animal 
                enterprise; but
                  ``(B) does not include any lawful economic disruption 
                (including a lawful boycott) that results from lawful 
                public, governmental, or business reaction to the 
                disclosure of information about an animal enterprise;
          ``(4) the term `serious bodily injury' means--
                  ``(A) injury posing a substantial risk of death;
                  ``(B) extreme physical pain;
                  ``(C) protracted and obvious disfigurement; or
                  ``(D) protracted loss or impairment of the function 
                of a bodily member, organ, or mental faculty; and
          ``(5) the term `substantial bodily injury' means--
                  ``(A) deep cuts and serious burns or abrasions;
                  ``(B) short-term or nonobvious disfigurement;
                  ``(C) fractured or dislocated bones, or torn members 
                of the body;
                  ``(D) significant physical pain;
                  ``(E) illness;
                  ``(F) short-term loss or impairment of the function 
                of a bodily member, organ, or mental faculty; or
                  ``(G) any other significant injury to the body.
  ``(e) Rules of Construction.--Nothing in this section shall be 
construed--
          ``(1) to prohibit any expressive conduct (including peaceful 
        picketing or other peaceful demonstration) protected from legal 
        prohibition by the First Amendment to the Constitution;
          ``(2) to create new remedies for interference with activities 
        protected by the free speech or free exercise clauses of the 
        First Amendment to the Constitution, regardless of the point of 
        view expressed, or to limit any existing legal remedies for 
        such interference; or
          ``(3) to provide exclusive criminal penalties or civil 
        remedies with respect to the conduct prohibited by this action, 
        or to preempt State or local laws that may provide such 
        penalties or remedies.

``Sec. 1374. Use of aircraft or motor vehicles to hunt certain wild 
                    horses or burros; pollution of watering holes

  ``(a) Aircraft for Hunting.--Whoever uses an aircraft or a motor 
vehicle to hunt, for the purpose of capturing or killing, any wild 
unbranded horse, mare, colt, or burro running at large on any of the 
public land or ranges shall be imprisoned not more than six months.
  ``(b) Pollution of Watering Holes.--Whoever pollutes or causes the 
pollution of any watering hole on any of the public land or ranges for 
the purpose of trapping, killing, wounding, or maiming any of the 
animals referred to in subsection (a) of this section shall be 
imprisoned not more than six months.
  ``(c) Definitions.--As used in subsection (a) of this section--
          ``(1) the term `aircraft' means any contrivance used for 
        flight in the air; and
          ``(2) the term `motor vehicle' includes an automobile, 
        automobile truck, automobile wagon, motorcycle, or any other 
        self-propelled vehicle designed for running on land.

``Sec. 1375. Depiction of animal cruelty

  ``(a) Creation, Sale, or Possession.--Whoever knowingly creates, 
sells, or possesses a depiction of animal cruelty with the intention of 
placing that depiction in interstate or foreign commerce for commercial 
gain, shall be imprisoned not more than 5 years.
  ``(b) Exception.--Subsection (a) does not apply to any depiction that 
has serious religious, political, scientific, educational, 
journalistic, historical, or artistic value.
  ``(c) Definitions.--In this section, the term `depiction of animal 
cruelty' means any visual or auditory depiction, including any 
photograph, motion-picture film, video recording, electronic image, or 
sound recording of conduct in which a living animal is intentionally 
maimed, mutilated, tortured, wounded, or killed, if such conduct is 
illegal under Federal law or the law of the State in which the 
creation, sale, or possession takes place, regardless of whether the 
maiming, mutilation, torture, wounding, or killing took place in the 
State.

``Sec. 1376. Enforcement of animal fighting prohibitions

  ``Whoever violates subsection (a), (b), (c), or (e) of section 26 of 
the Animal Welfare Act shall be imprisoned for not more than 5 years.

                        ``SUBCHAPTER B--GAMBLING

``Sec.
``1381.  Transmission of wagering information; penalties.
``1382.  Definitions.

``Sec. 1381. Transmission of wagering information; penalties

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

``Sec. 1382. Definitions

  ``As used in this subchapter--
          ``(1) the term `gambling ship' means a vessel used 
        principally for the operation of one or more gambling 
        establishments. Such term does not include a vessel with 
        respect to gambling aboard such vessel beyond the territorial 
        waters of the United States during a covered voyage (as defined 
        in section 4472 of the Internal Revenue Code of 1986 as in 
        effect on January 1, 1994);
          ``(2) the term `gambling establishment' means any common 
        gaming or gambling establishment operated for the purpose of 
        gaming or gambling, including accepting, recording, or 
        registering bets, or carrying on a policy game or any other 
        lottery, or playing any game of chance, for money or other 
        thing of value;
          ``(3) the term `American vessel' means any vessel documented 
        or numbered under the laws of the United States; and includes 
        any vessel which is neither documented or numbered under the 
        laws of the United States nor documented under the laws of any 
        foreign country, if such vessel is owned by, chartered to, or 
        otherwise controlled by one or more citizens or residents of 
        the United States or corporations organized under the laws of 
        the United States or of any State; and
          ``(4) the term `wire communication facility' means any and 
        all instrumentalities, personnel, and services (among other 
        things, the receipt, forwarding, or delivery of communications) 
        used or useful in the transmission of writings, signs, 
        pictures, and sounds of all kinds by aid of wire, cable, or 
        other like connection between the points of origin and 
        reception of such transmission.

              ``SUBCHAPTER C--PROTECTION OF TRADE SECRETS

``Sec.
``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.  Construction with other laws.
``1398.  Definitions.

``Sec. 1391. Economic espionage

  ``(a) In General.--Whoever, intending or knowing that the offense 
will benefit any foreign government, foreign instrumentality, or 
foreign agent, knowingly--
          ``(1) steals, or without authorization appropriates, takes, 
        carries away, or conceals, or by fraud, artifice, or deception 
        obtains a trade secret;
          ``(2) without authorization copies, duplicates, sketches, 
        draws, photographs, downloads, uploads, alters, destroys, 
        photocopies, replicates, transmits, delivers, sends, mails, 
        communicates, or conveys a trade secret; or
          ``(3) receives, buys, or possesses a trade secret, knowing 
        the same to have been stolen or appropriated, obtained, or 
        converted without authorization;
shall, except as provided in subsection (b), be imprisoned not more 
than 15 years.
  ``(b) Organizations.--Any organization that commits any offense 
described in subsection (a) shall be fined not more than $10,000,000.

``Sec. 1392. Theft of trade secrets

  ``(a) Offense.--Whoever, with intent to convert a trade secret, that 
is related to or included in a product that is produced for or placed 
in interstate or foreign commerce, to the economic benefit of anyone 
other than the owner thereof, and intending or knowing that the offense 
will, injure any owner of that trade secret, knowingly--
          ``(1) steals, or without authorization appropriates, takes, 
        carries away, or conceals, or by fraud, artifice, or deception 
        obtains such information;
          ``(2) without authorization copies, duplicates, sketches, 
        draws, photographs, downloads, uploads, alters, destroys, 
        photocopies, replicates, transmits, delivers, sends, mails, 
        communicates, or conveys such information; or
          ``(3) receives, buys, or possesses such information, knowing 
        the same to have been stolen or appropriated, obtained, or 
        converted without authorization;
shall, except as provided in subsection (b), be imprisoned not more 
than 10 years.
  ``(b) Organizations.--Any organization that commits any offense 
described in subsection (a) shall be fined not more than $5,000,000.

``Sec. 1393. Exceptions to prohibitions

  ``This subchapter does not prohibit--
          ``(1) any otherwise lawful activity conducted by a 
        governmental entity of the United States, a State, or a 
        political subdivision of a State; or
          ``(2) the reporting of a suspected violation of law to any 
        governmental entity of the United States, a State, or a 
        political subdivision of a State, if such entity has lawful 
        authority with respect to that violation.

``Sec. 1394. Orders to preserve confidentiality

  ``In any prosecution or other proceeding under this subchapter and 
any forfeiture relating to a violation of this subchapter, the court 
shall enter such orders and take such other action as may be necessary 
and appropriate to preserve the confidentiality of trade secrets, 
consistent with the requirements of the Federal Rules of Criminal and 
Civil Procedure, the Federal Rules of Evidence, and all other 
applicable laws. An interlocutory appeal by the United States shall lie 
from a decision or order of a district court authorizing or directing 
the disclosure of any trade secret.

``Sec. 1395. Civil proceedings to enjoin violations

  ``(a) Civil Action.--The Attorney General may, in a civil action, 
obtain appropriate injunctive relief against any violation of this 
subchapter.
  ``(b) Exclusive Jurisdiction.--The district courts of the United 
States shall have exclusive original jurisdiction of civil actions 
under this section.

``Sec. 1396. Applicability to conduct outside the United States

  ``This subchapter also applies to conduct occurring outside the 
United States if--
          ``(1) the offender is a natural person who is a citizen or 
        permanent resident alien of the United States, or an 
        organization organized under the laws of the United States or a 
        State or political subdivision thereof; or
          ``(2) an act in furtherance of the offense was committed in 
        the United States.

``Sec. 1397. Construction with other laws

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

``Sec. 1398. Definitions

  ``As used in this subchapter--
          ``(1) the term `foreign instrumentality;' means any agency, 
        bureau, ministry, component, institution, association, or any 
        legal, commercial, or business organization, corporation, firm, 
        or entity that is substantially owned, controlled, sponsored, 
        commanded, managed, or dominated by a foreign government;
          ``(2) the term `foreign agent' means any officer, employee, 
        proxy, servant, delegate, or representative of a foreign 
        government;
          ``(3) the term `trade secret' means all forms and types of 
        financial, business, scientific, technical, economic, or 
        engineering information, including patterns, plans, 
        compilations, program devices, formulas, designs, prototypes, 
        methods, techniques, processes, procedures, programs, or codes, 
        whether tangible or intangible, and whether or how stored, 
        compiled, or memorialized physically, electronically, 
        graphically, photographically, or in writing if--
                  ``(A) the owner thereof has taken reasonable measures 
                to keep such information secret; and
                  ``(B) the information derives independent economic 
                value, actual or potential, from not being generally 
                known to, and not being readily ascertainable through 
                proper means by, the public; and
          ``(4) the term `owner', with respect to a trade secret, means 
        the person or entity in whom or in which rightful legal or 
        equitable title to, or license in, the trade secret is reposed.

          ``SUBCHAPTER D--TRAFFICKING IN CONTRABAND CIGARETTES

``Sec.
``1411.  Definitions.
``1412.  Unlawful acts.
``1413.  Recordkeeping, reporting, and inspection.
``1414.  Penalties.
``1415.  Effect on State and local law.
``1416.  Enforcement and regulations.

``Sec. 1411. Definitions

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

``Sec. 1412. Unlawful acts

  ``It shall be unlawful for any person knowingly to ship, transport, 
receive, possess, sell, distribute, or purchase contraband cigarettes 
or contraband smokeless tobacco.

``Sec. 1413. Recordkeeping, reporting, and inspection

  ``(a) Recordkeeping.--Whoever ships, sells, or distributes any 
quantity of cigarettes in excess of 10,000, or any quantity of 
smokeless tobacco in excess of 500 single-unit consumer-sized cans or 
packages, in a single transaction shall maintain such information about 
the shipment, receipt, sale, and distribution of cigarettes as the 
Attorney General may prescribe by rule or regulation. The Attorney 
General may require such person to keep such information as the 
Attorney General considers appropriate for purposes of enforcement of 
this chapter, including--
          ``(1) the name, address, destination (including street 
        address), vehicle license number, driver's license number, 
        signature of the person receiving such cigarettes, and the name 
        of the purchaser;
          ``(2) a declaration of the specific purpose of the receipt 
        (personal use, resale, or delivery to another); and
          ``(3) a declaration of the name and address of the 
        recipient's principal in all cases when the recipient is acting 
        as an agent.
Such information shall be contained on business records kept in the 
normal course of business.
  ``(b) Reporting.--Whoever, except for a tribal government, engages in 
a delivery sale, and who ships, sells, or distributes any quantity in 
excess of 10,000 cigarettes, or any quantity in excess of 500 single-
unit consumer-sized cans or packages of smokeless tobacco, or their 
equivalent, within a single month, shall submit to the Attorney 
General, pursuant to rules or regulations prescribed by the Attorney 
General, a report that sets forth the following:
          ``(1) The person's beginning and ending inventory of 
        cigarettes and cans or packages of smokeless tobacco (in total) 
        for such month.
          ``(2) The total quantity of cigarettes and cans or packages 
        of smokeless tobacco that the person received within such month 
        from each other person (itemized by name and address).
          ``(3) The total quantity of cigarettes and cans or packages 
        of smokeless tobacco that the person distributed within such 
        month to each person (itemized by name and address) other than 
        a retail purchaser.
  ``(c) Inspection.--Upon the consent of any person who ships, sells, 
or distributes any quantity of cigarettes in excess of 10,000 in a 
single transaction, or pursuant to a duly issued search warrant, the 
Attorney General may enter the premises (including places of storage) 
of such person for the purpose of inspecting any records or information 
required to be maintained by such person under this chapter, and any 
cigarettes kept or stored by such person at such premises.
  ``(d) Others To Receive Reports.--Any report required to be submitted 
under this subchapter to the Attorney General shall also be submitted 
to the Secretary of the Treasury and to the attorneys general and the 
tax administrators of the States from where the shipments, deliveries, 
or distributions both originated and concluded.
  ``(e) Delivery Sale Defined.--As used in this section, the term 
`delivery sale' means any sale of cigarettes or smokeless tobacco in 
interstate commerce to a consumer if--
          ``(1) the consumer submits the order for such sale by means 
        of a telephone or other method of voice transmission, the 
        mails, or the Internet or other online service, or by any other 
        means where the consumer is not in the same physical location 
        as the seller when the purchase or offer of sale is made; or
          ``(2) the cigarettes or smokeless tobacco are delivered by 
        use of the mails, common carrier, private delivery service, or 
        any other means where the consumer is not in the same physical 
        location as the seller when the consumer obtains physical 
        possession of the cigarettes or smokeless tobacco.

``Sec. 1414. Penalties

  ``(a) 1412(a) Violations.--Whoever knowingly violates section 1412(a) 
shall be imprisoned not more than five years.
  ``(b) 1413(a) and 1416 Violations.--Whoever knowingly violates any 
rule or regulation promulgated under section 1413(a) or 1416 or 
violates section 1412(b) shall be imprisoned not more than three years.
  ``(c) Seizure and Forfeiture.--Any contraband cigarettes or 
contraband smokeless tobacco involved in any violation of the 
provisions of this chapter shall be subject to seizure and forfeiture. 
The provisions of chapter 50 relating to civil forfeitures shall extend 
to any seizure or civil forfeiture under this section. Any cigarettes 
or smokeless tobacco so seized and forfeited shall be either--
          ``(1) destroyed and not resold; or
          ``(2) used for undercover investigative operations for the 
        detection and prosecution of crimes, and then destroyed and not 
        resold.

``Sec. 1415. Effect on State and local law

  ``(a) Nothing in this chapter shall be construed to affect the 
concurrent jurisdiction of a State or local government to enact and 
enforce its own cigarette tax laws, to provide for the confiscation of 
cigarettes or smokeless tobacco and other property seized for violation 
of such laws, and to provide for penalties for the violation of such 
laws.
  ``(b) Nothing in this chapter shall be construed to inhibit or 
otherwise affect any coordinated law enforcement effort by a number of 
State or local governments, through interstate compact or otherwise, to 
provide for the administration of State or local cigarette tax laws, to 
provide for the confiscation of cigarettes or smokeless tobacco and 
other property seized in violation of such laws, and to establish 
cooperative programs for the administration of such laws.

``Sec. 1416. Enforcement and regulations

  ``(a) Generally.--The Attorney General, subject to the provisions of 
section 1413(a), shall enforce this subchapter and may prescribe rules 
and regulations to carry out this subchapter.
  ``(b) State Enforcement Through Civil Actions.--
          ``(1) A State, through its attorney general, a local 
        government, through its chief law enforcement officer (or a 
        designee thereof), or any person who holds a permit under 
        chapter 52 of the Internal Revenue Code of 1986, may bring an 
        action in the United States district courts to prevent and 
        restrain violations of this chapter by any person (or by any 
        person controlling such person), except that any person who 
        holds a permit under chapter 52 of the Internal Revenue Code of 
        1986 may not bring such an action against a State or local 
        government. No civil action may be commenced under this 
        paragraph against an Indian tribe or an Indian in Indian 
        country (as defined in section 1151).
  ``(2) A State, through its attorney general, or a local government, 
through its chief law enforcement officer (or a designee thereof), may 
in a civil action under paragraph (1) also obtain any other appropriate 
relief for violations of this chapter from any person (or by any person 
controlling such person), including civil penalties, money damages, and 
injunctive or other equitable relief. Nothing in this chapter shall be 
deemed to abrogate or constitute a waiver of any sovereign immunity of 
a State or local government, or an Indian tribe against any unconsented 
lawsuit under this chapter, or otherwise to restrict, expand, or modify 
any sovereign immunity of a State or local government, or an Indian 
tribe.
  ``(3) The remedies under paragraphs (1) and (2) are in addition to 
any other remedies under Federal, State, local, or other law.
  ``(4) Nothing in this chapter shall be construed to expand, restrict, 
or otherwise modify any right of an authorized State official to 
proceed in State court, or take other enforcement actions, on the basis 
of an alleged violation of State or other law.
  ``(5) Nothing in this chapter shall be construed to expand, restrict, 
or otherwise modify any right of an authorized local government 
official to proceed in State court, or take other enforcement actions, 
on the basis of an alleged violation of local or other law.

                     ``SUBCHAPTER E--CHILD SUPPORT

``Sec.
``1431.  Failure to pay legal child support obligations.

``Sec. 1431. Failure to pay legal child support obligations

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

                       ``SUBCHAPTER F--OBSCENITY

``Sec.
``1441.  Mailing obscene or crime-inciting matter.
``1442.  Importation or transportation of obscene matters.
``1443.  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 minors.

``Sec. 1441. Mailing obscene or crime-inciting matter

  ``(a) Nonmailability.--The following are nonmailable matter and shall 
not be conveyed in the mails or delivered from any post office or by 
any letter carrier:
          ``(1) Every obscene, lewd, lascivious, indecent, filthy or 
        vile article, matter, thing, device, or substance.
          ``(2) Every article or thing designed, adapted, or intended 
        for producing abortion, or for any indecent or immoral use.
          ``(3) Every article, instrument, substance, drug, medicine, 
        or thing which is advertised or described in a manner 
        calculated to lead another to use or apply it for producing 
        abortion, or for any indecent or immoral purpose.
          ``(4) Every written or printed card, letter, circular, book, 
        pamphlet, advertisement, or notice of any kind giving 
        information, directly or indirectly, where, or how, or from 
        whom, or by what means any of such mentioned matters, articles, 
        or things may be obtained or made, or where or by whom any act 
        or operation of any kind for the procuring or producing of 
        abortion will be done or performed, or how or by what means 
        abortion may be produced, whether sealed or unsealed.
          ``(5) Every paper, writing, advertisement, or representation 
        that any article, instrument, substance, drug, medicine, or 
        thing may, or can, be used or applied for producing abortion, 
        or for any indecent or immoral purpose.
          ``(6) Every description calculated to induce or incite a 
        person to so use or apply any such article, instrument, 
        substance, drug, medicine, or thing.
  ``(b) Offense.--Whoever knowingly uses the mails for the mailing, 
carriage in the mails, or delivery of anything declared by this section 
or section 3001(e) of title 39 to be nonmailable, or knowingly causes 
to be delivered by mail according to the direction thereon, or at the 
place at which it is directed to be delivered by the person to whom it 
is addressed, or knowingly takes any such thing from the mails for the 
purpose of circulating or disposing thereof, or of aiding in the 
circulation or disposition thereof, shall be imprisoned not more than 
five years, for the first such offense, and shall be imprisoned not 
more than ten years for each such offense thereafter.

``Sec. 1442. Importation or transportation of obscene matters

  ``Whoever--
          ``(1) brings into the United States, or any place subject to 
        the jurisdiction thereof, or knowingly uses any express company 
        or other common carrier or interactive computer service (as 
        defined in section 230(e)(2) of the Communications Act of 
        1934), for carriage in interstate or foreign commerce--
                  ``(A) any obscene, lewd, lascivious, or filthy book, 
                pamphlet, picture, motion-picture film, paper, letter, 
                writing, print, or other matter of indecent character;
                  ``(B) any obscene, lewd, lascivious, or filthy 
                phonograph recording, electrical transcription, or 
                other article or thing capable of producing sound; or
                  ``(C) any drug, medicine, article, or thing designed, 
                adapted, or intended for producing abortion, or for any 
                indecent or immoral use; or any written or printed 
                card, letter, circular, book, pamphlet, advertisement, 
                or notice of any kind giving information, directly or 
                indirectly, where, how, or of whom, or by what means 
                any of such mentioned articles, matters, or things may 
                be obtained or made; or
          ``(2) knowingly takes or receives, from such express company 
        or other common carrier or interactive computer service (as 
        defined in section 230(e)(2) of the Communications Act of 1934) 
        any matter or thing the carriage or importation of which is 
        herein made unlawful;
shall be imprisoned not more than five years for the first such offense 
and shall be imprisoned not more than ten years for each such offense 
thereafter.

``Sec. 1443. Transportation of obscene matters for sale or distribution

  ``(a) Offense.--Whoever knowingly transports or travels in, or uses a 
facility or means of, interstate or foreign commerce or an interactive 
computer service (as defined in section 230(e)(2) of the Communications 
Act of 1934) in or affecting such commerce for the purpose of sale or 
distribution, of any obscene, lewd, lascivious, or filthy book, 
pamphlet, picture, film, paper, letter, writing, print, silhouette, 
drawing, figure, image, cast, phonograph recording, electrical 
transcription or other article capable of producing sound or any other 
matter of indecent or immoral character, shall be imprisoned not more 
than five years.
  ``(b) Presumption.--The transportation as aforesaid of two or more 
copies of any publication or two or more of any article of the 
character described above, or a combined total of five such 
publications and articles, shall create a presumption that such 
publications or articles are intended for sale or distribution, but 
such presumption shall be rebuttable.

``Sec. 1444. Engaging in the business of selling or transferring 
                    obscene matter

  ``(a) Offense.--Whoever is engaged in the business of selling or 
transferring obscene matter, who knowingly receives or possesses with 
intent to distribute any obscene book, magazine, picture, paper, film, 
videotape, or phonograph or other audio recording, which has been 
shipped or transported in interstate or foreign commerce, shall be 
punished by imprisonment for not more than 5 years or by a fine under 
this title, or both.
  ``(b) Definition.--As used in this section, the term `engaged in the 
business' means that the person who sells or transfers or offers to 
sell or transfer obscene matter devotes time, attention, or labor to 
such activities, as a regular course of trade or business, with the 
objective of earning a profit, although it is not necessary that the 
person make a profit or that the selling or transferring or offering to 
sell or transfer such material be the person's sole or principal 
business or source of income. The offering for sale of or to transfer, 
at one time, two or more copies of any obscene publication, or two or 
more of any obscene article, or a combined total of five or more such 
publications and articles, shall create a rebuttable presumption that 
the person so offering them is `engaged in the business' as defined in 
this subsection.

``Sec. 1445. Obscene visual representations of the sexual abuse of 
                    children

  ``(a) In General.--Whoever, as made applicable by subsection (d), 
knowingly produces, distributes, receives, or possesses with intent to 
distribute, a visual depiction of any kind, including a drawing, 
cartoon, sculpture, or painting, that--
          ``(1)(A) depicts a minor engaging in sexually explicit 
        conduct; and
          ``(B) is obscene; or
          ``(2)(A) depicts an image that is, or appears to be, of a 
        minor engaging in graphic bestiality, sadistic or masochistic 
        abuse, or sexual intercourse, including genital-genital, oral-
        genital, anal-genital, or oral-anal, whether between persons of 
        the same or opposite sex; and
          ``(B) lacks serious literary, artistic, political, or 
        scientific value;
shall be subject to the penalties provided in section 223(b)(1), 
including the penalties provided for cases involving a prior 
conviction.
  ``(b) Additional Offenses.--Whoever, as made applicable by subsection 
(d), knowingly possesses a visual depiction of any kind, including a 
drawing, cartoon, sculpture, or painting, that--
          ``(1)(A) depicts a minor engaging in sexually explicit 
        conduct; and
          ``(B) is obscene; or
          ``(2)(A) depicts an image that is, or appears to be, of a 
        minor engaging in graphic bestiality, sadistic or masochistic 
        abuse, or sexual intercourse, including genital-genital, oral-
        genital, anal-genital, or oral-anal, whether between persons of 
        the same or opposite sex; and
          ``(B) lacks serious literary, artistic, political, or 
        scientific value;
shall be subject to the penalties provided in section 223(b)(2), 
including the penalties provided for cases involving a prior 
conviction.
  ``(c) Nonrequired Element of Offense.--It is not a required element 
of any offense under this section that the minor depicted actually 
exist.
  ``(d) Applicability.--Subsections (a) and (b) apply if--
          ``(1) any communication involved in or made in furtherance of 
        the offense is communicated or transported by the mail, or in 
        interstate or foreign commerce by any means, including by 
        computer, or any means or instrumentality of interstate or 
        foreign commerce is otherwise used in committing or in 
        furtherance of the commission of the offense;
          ``(2) any communication involved in or made in furtherance of 
        the offense contemplates the transmission or transportation of 
        a visual depiction by the mail, or in interstate or foreign 
        commerce by any means, including by computer;
          ``(3) any person travels or is transported in interstate or 
        foreign commerce in the course of the commission or in 
        furtherance of the commission of the offense;
          ``(4) any visual depiction involved in the offense has been 
        mailed, or has been shipped or transported in interstate or 
        foreign commerce by any means, including by computer, or was 
        produced using materials that have been mailed, or that have 
        been shipped or transported in interstate or foreign commerce 
        by any means, including by computer; or
          ``(5) the offense is committed in the special maritime and 
        territorial jurisdiction of the United States or in any 
        territory or possession of the United States.
  ``(e) Affirmative Defense.--It shall be an affirmative defense to a 
charge of violating subsection (b) that the defendant--
          ``(1) possessed less than 3 such visual depictions; and
          ``(2) promptly and in good faith, and without retaining or 
        allowing any person, other than a law enforcement agency, to 
        access any such visual depiction--
                  ``(A) took reasonable steps to destroy each such 
                visual depiction; or
                  ``(B) reported the matter to a law enforcement agency 
                and afforded that agency access to each such visual 
                depiction.
  ``(f) Definitions.--As used in this section--
          ``(1) the term `visual depiction' includes undeveloped film 
        and videotape, and data stored on a computer disk or by 
        electronic means which is capable of conversion into a visual 
        image, and also includes any photograph, film, video, picture, 
        digital image or picture, computer image or picture, or 
        computer generated image or picture, whether made or produced 
        by electronic, mechanical, or other means;
          ``(2) the term `sexually explicit conduct' has the meaning 
        given the term in section 229(2)(A) or 229(2)(B); and
          ``(3) the term `graphic', when used with respect to a 
        depiction of sexually explicit conduct, means that a viewer can 
        observe any part of the genitals or pubic area of any depicted 
        person or animal during any part of the time that the sexually 
        explicit conduct is being depicted.

``Sec. 1446. Presumptions

  ``(a) Interstate Commerce.--In any prosecution under this subchapter 
in which an element of the offense is that the matter in question was 
transported, shipped, or carried in interstate commerce, proof, by 
either circumstantial or direct evidence, that such matter was produced 
or manufactured in one State and is subsequently located in another 
State shall raise a rebuttable presumption that such matter was 
transported, shipped, or carried in interstate commerce.
  ``(b) Foreign Commerce.--In any prosecution under this subchapter in 
which an element of the offense is that the matter in question was 
transported, shipped, or carried in foreign commerce, proof, by either 
circumstantial or direct evidence, that such matter was produced or 
manufactured outside of the United States and is subsequently located 
in the United States shall raise a rebuttable presumption that such 
matter was transported, shipped, or carried in foreign commerce.

``Sec. 1447. Transfer of obscene material to minors

  ``Whoever, using the mail or any facility or means of interstate or 
foreign commerce, knowingly transfers obscene matter to another 
individual who has not attained the age of 16 years, knowing that such 
other individual has not attained the age of 16 years, or attempts to 
do so, shall be imprisoned not more than 10 years.

                    ``SUBCHAPTER G--MONEY LAUNDERING

``Sec.
``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.

``Sec. 1451. Laundering of monetary instruments

  ``(a) Offenses.--(1) Whoever, knowing that the property involved in a 
financial transaction represents the proceeds of some form of unlawful 
activity, conducts or attempts to conduct such a financial transaction 
which in fact involves the proceeds of specified unlawful activity--
          ``(A)(i) with the intent to promote the carrying on of 
        specified unlawful activity; or
          ``(ii) with intent to engage in conduct constituting a 
        violation of section 7201 or 7206 of the Internal Revenue Code 
        of 1986; or
          ``(B) knowing that the transaction is designed in whole or in 
        part--
          ``(i) to conceal or disguise the nature, the location, the 
        source, the ownership, or the control of the proceeds of 
        specified unlawful activity; or
          ``(ii) to avoid a transaction reporting requirement under 
        State or Federal law,
shall be sentenced to a fine of not more than $500,000 or twice the 
value of the property involved in the transaction, whichever is 
greater, or imprisonment for not more than twenty years, or both. For 
purposes of this paragraph, a financial transaction shall be considered 
to be one involving the proceeds of specified unlawful activity if it 
is part of a set of parallel or dependent transactions, any one of 
which involves the proceeds of specified unlawful activity, and all of 
which are part of a single plan or arrangement.
  ``(2) Whoever transports, transmits, or transfers, or attempts to 
transport, transmit, or transfer a monetary instrument or funds from a 
place in the United States to or through a place outside the United 
States or to a place in the United States from or through a place 
outside the United States--
          ``(A) with the intent to promote the carrying on of specified 
        unlawful activity; or
          ``(B) knowing that the monetary instrument or funds involved 
        in the transportation, transmission, or transfer represent the 
        proceeds of some form of unlawful activity and knowing that 
        such transportation, transmission, or transfer is designed in 
        whole or in part--
                  ``(i) to conceal or disguise the nature, the 
                location, the source, the ownership, or the control of 
                the proceeds of specified unlawful activity; or
                  ``(ii) to avoid a transaction reporting requirement 
                under State or Federal law,
shall be sentenced to a fine of not more than $500,000 or twice the 
value of the monetary instrument or funds involved in the 
transportation, transmission, or transfer, whichever is greater, or 
imprisonment for not more than twenty years, or both. For the purpose 
of the offense described in subparagraph (B), the defendant's knowledge 
may be established by proof that a law enforcement officer represented 
the matter specified in subparagraph (B) as true, and the defendant's 
subsequent statements or actions indicate that the defendant believed 
such representations to be true.
  ``(3) Whoever, with the intent--
          ``(A) to promote the carrying on of specified unlawful 
        activity;
          ``(B) to conceal or disguise the nature, location, source, 
        ownership, or control of property believed to be the proceeds 
        of specified unlawful activity; or
          ``(C) to avoid a transaction reporting requirement under 
        State or Federal law,
conducts or attempts to conduct a financial transaction involving 
property represented to be the proceeds of specified unlawful activity, 
or property used to conduct or facilitate specified unlawful activity, 
shall be imprisoned for not more than 20 years. For purposes of this 
paragraph and paragraph (2), the term `represented' means any 
representation made by a law enforcement officer or by another person 
at the direction of, or with the approval of, a Federal official 
authorized to investigate or prosecute violations of this section.
  ``(b) Penalties.--
          ``(1) In general.--Whoever conducts or attempts to conduct a 
        transaction described in subsection (a)(1) or (a)(3), or 
        section 1452, or a transportation, transmission, or transfer 
        described in subsection (a)(2), is liable to the United States 
        for a civil penalty of not more than the greater of--
                  ``(A) the value of the property, funds, or monetary 
                instruments involved in the transaction; or
                  ``(B) $10,000.
          ``(2) Jurisdiction over foreign persons.--For purposes of 
        adjudicating an action filed or enforcing a penalty ordered 
        under this section, the district courts shall have jurisdiction 
        over any foreign person, including any financial institution 
        authorized under the laws of a foreign country, against whom 
        the action is brought, if service of process upon the foreign 
        person is made under the Federal Rules of Civil Procedure or 
        the laws of the country in which the foreign person is found, 
        and--
                  ``(A) the foreign person commits an offense under 
                subsection (a) involving a financial transaction that 
                occurs in whole or in part in the United States;
                  ``(B) the foreign person converts, to his or her own 
                use, property in which the United States has an 
                ownership interest by virtue of the entry of an order 
                of forfeiture by a court of the United States; or
                  ``(C) the foreign person is a financial institution 
                that maintains a bank account at a financial 
                institution in the United States.
          ``(3) Court authority over assets.--A court may issue a 
        pretrial restraining order or take any other action necessary 
        to ensure that any bank account or other property held by the 
        defendant in the United States is available to satisfy a 
        judgment under this section.
          ``(4) Federal receiver.--
                  ``(A) In general.--A court may appoint a Federal 
                Receiver, in accordance with subparagraph (B) of this 
                paragraph, to collect, marshal, and take custody, 
                control, and possession of all assets of the defendant, 
                wherever located, to satisfy a civil judgment under 
                this subsection, a forfeiture judgment under section 
                981 or 982, or a criminal sentence under section 1957 
                or subsection (a) of this section, including an order 
                of restitution to any victim of a specified unlawful 
                activity.
                  ``(B) Appointment and authority.--A Federal Receiver 
                described in subparagraph (A)--
                          ``(i) may be appointed upon application of a 
                        Federal prosecutor or a Federal or State 
                        regulator, by the court having jurisdiction 
                        over the defendant in the case;
                          ``(ii) shall be an officer of the court, and 
                        the powers of the Federal Receiver shall 
                        include the powers set out in section 754 of 
                        title 28; and
                          ``(iii) shall have standing equivalent to 
                        that of a Federal prosecutor for the purpose of 
                        submitting requests to obtain information 
                        regarding the assets of the defendant--
                                  ``(I) from the Financial Crimes 
                                Enforcement Network of the Department 
                                of the Treasury; or
                                  ``(II) from a foreign country 
                                pursuant to a mutual legal assistance 
                                treaty, multilateral agreement, or 
                                other arrangement for international law 
                                enforcement assistance, provided that 
                                such requests are in accordance with 
                                the policies and procedures of the 
                                Attorney General.
  ``(c) Definitions.--As used in this section--
          ``(1) the term `knowing that the property involved in a 
        financial transaction represents the proceeds of some form of 
        unlawful activity' means that the person knew the property 
        involved in the transaction represented proceeds from some 
        form, though not necessarily which form, of activity that 
        constitutes a felony under State, Federal, or foreign law, 
        regardless of whether or not such activity is specified in 
        paragraph (7);
          ``(2) the term `conducts' includes initiating, concluding, or 
        participating in initiating, or concluding a transaction;
          ``(3) the term `transaction' includes a purchase, sale, loan, 
        pledge, gift, transfer, delivery, or other disposition, and 
        with respect to a financial institution includes a deposit, 
        withdrawal, transfer between accounts, exchange of currency, 
        loan, extension of credit, purchase or sale of any stock, bond, 
        certificate of deposit, or other monetary instrument, use of a 
        safe deposit box, or any other payment, transfer, or delivery 
        by, through, or to a financial institution, by whatever means 
        effected;
          ``(4) the term `financial transaction' means (A) a 
        transaction which in any way or degree affects interstate or 
        foreign commerce (i) involving the movement of funds by wire or 
        other means or (ii) involving one or more monetary instruments, 
        or (iii) involving the transfer of title to any real property, 
        vehicle, vessel, or aircraft, or (B) a transaction involving 
        the use of a financial institution which is engaged in, or the 
        activities of which affect, interstate or foreign commerce in 
        any way or degree;
          ``(5) the term `monetary instruments' means (i) coin or 
        currency of the United States or of any other country, 
        travelers' checks, personal checks, bank checks, and money 
        orders, or (ii) investment securities or negotiable 
        instruments, in bearer form or otherwise in such form that 
        title thereto passes upon delivery;
          ``(6) the term `financial institution' means--
                  ``(A) any financial institution, as defined in 
                section 5312(a)(2) of title 31, or regulations under 
                such section; or
                  ``(B) any foreign bank, as defined in section 1 of 
                the International Banking Act of 1978 (12 U.S.C. 3101); 
                and
          ``(7) the term `specified unlawful activity' means--
                  ``(A) any act or activity constituting an offense 
                listed in section 511(1) of this title except an act 
                which is indictable under subchapter II of chapter 53 
                of title 31;
                  ``(B) with respect to a financial transaction 
                occurring in whole or in part in the United States, an 
                offense against a foreign nation involving--
                          ``(i) the manufacture, importation, sale, or 
                        distribution of a controlled substance (as such 
                        term is defined for the purposes of the 
                        Controlled Substances Act);
                          ``(ii) murder, kidnapping, robbery, 
                        extortion, destruction of property by means of 
                        explosive or fire, or a crime of violence;
                          ``(iii) fraud, or any scheme or attempt to 
                        defraud, by or against a foreign bank (as 
                        defined in paragraph 7 of section 1(b) of the 
                        International Banking Act of 1978));
                          ``(iv) bribery of a public official, or the 
                        misappropriation, theft, or embezzlement of 
                        public funds by or for the benefit of a public 
                        official;
                          ``(v) smuggling or export control violations 
                        involving--
                                  ``(I) an item controlled on the 
                                United States Munitions List 
                                established under section 38 of the 
                                Arms Export Control Act (22 U.S.C. 
                                2778); or
                                  ``(II) an item controlled under 
                                regulations under the Export 
                                Administration Regulations (15 C.F.R. 
                                Parts 730-774); or
                          ``(vi) an offense with respect to which the 
                        United States would be obligated by a 
                        multilateral treaty, either to extradite the 
                        alleged offender or to submit the case for 
                        prosecution, if the offender were found within 
                        the territory of the United States; or
                          ``(vii) trafficking in persons, selling or 
                        buying of children, sexual exploration or 
                        children, or transporting, recruiting or 
                        harboring a person, including a child, for 
                        commercial sex acts;
                  ``(C) any act or acts constituting a continuing 
                criminal enterprise, as that term is defined in section 
                413;
                  ``(D) an offense under section 1301 (relating to the 
                destruction of aircraft), section 1306 (relating to 
                violence at international airports), section 102 
                (relating murder), section 871 (relating to concealment 
                of assets; false oaths and claims; bribery), section 
                624 (relating to the variola virus), section 1003 
                (relating to commissions or gifts for procuring loans), 
                section 102(7) (relating to congressional or Cabinet 
                officer assassination), any of sections 711 through 712 
                (relating to certain counterfeiting offenses), section 
                718 (relating to securities of States and private 
                entities), section 861 (relating to goods falsely 
                classified), section 862 relating to entry of goods by 
                means of false statements), section 863 (relating to 
                smuggling goods into the United States), section 865 
                (relating to removing goods from Customs custody), 
                section 867 (relating to smuggling goods from the 
                United States), section 641 (relating to public money, 
                property, or records), section 644 (relating to theft, 
                embezzlement, or misapplication by bank officer or 
                employee), section 645 (relating to lending, credit, 
                and insurance institutions), section 646 (relating to 
                property mortgaged or pledged to farm credit agencies), 
                section 654 (relating to theft or bribery concerning 
                programs receiving Federal funds), section 301, 302, or 
                303 (relating to espionage), section 601 (relating to 
                prohibited transactions involving nuclear materials), 
                section 614 (f) or (i) (relating to destruction by 
                explosives or fire of Government property or property 
                affecting interstate or foreign commerce), section 144 
                (relating to interstate communications), section 582(1) 
                (relating to the unlawful importation of firearms), 
                section 584(n) (relating to firearms trafficking), 
                section 955 (relating to conspiracy to kill, kidnap, 
                maim, or injure certain property in a foreign country), 
                section 773 (relating to fraudulent bank entries), 
                section 774 (relating to fraudulent Federal credit 
                institution entries), section 775 (relating to Federal 
                Deposit Insurance transactions), section 779 (relating 
                to fraudulent loan or credit applications), section 787 
                (relating to computer fraud and abuse), section 789 
                (relating to concealment of assets from conservator, 
                receiver, or liquidating agent of financial 
                institution), section 121 (relating to kidnaping), 
                section 123 (relating to hostage taking), section 1201 
                (relating to Government property or contract), section 
                1203 (relating to destruction of property within the 
                special maritime and territorial jurisdiction), section 
                847 (theft from the mail), section 143 (relating to 
                bank robbery), section 1351 (relating to violence 
                against maritime navigation), section 676 (relating to 
                copyright infringement), section 680 (relating to 
                trafficking in counterfeit goods and services), section 
                271 (relating to use of weapons of mass destruction), 
                section 273 (relating to international terrorist acts 
                transcending national boundaries), section 274 
                (relating to missile systems designed to destroy 
                aircraft), section 275 (relating to radiological 
                dispersal devices), section 278 or 279 (relating to 
                providing material support to terrorists) section 280 
                (relating to prohibitions against the financing of 
                terrorism), or section 281 (relating to receiving 
                military-type training from a foreign terrorist) of 
                this title, section 46502 of title 49, a felony 
                violation of the Chemical Diversion and Trafficking Act 
                of 1988 (relating to precursor and essential 
                chemicals), section 590 of the Tariff Act of 1930 (19 
                U.S.C. 1590) (relating to aviation smuggling), section 
                422 of the Controlled Substances Act (relating to 
                transportation of drug paraphernalia), section 38(c) 
                (relating to criminal violations) of the Arms Export 
                Control Act, section 11 (relating to violations) of the 
                Export Administration Act of 1979, section 206 
                (relating to penalties) of the International Emergency 
                Economic Powers Act, section 16 (relating to offenses 
                and punishment) of the Trading with the Enemy Act, any 
                felony violation of section 15 of the Food and 
                Nutrition Act of 2008 (relating to violations and 
                enforcement) involving a quantity of benefits having a 
                value of not less than $5,000, any violation of section 
                543(a)(1) of the Housing Act of 1949 (relating to 
                equity skimming), any felony violation of the Foreign 
                Agents Registration Act of 1938, any felony violation 
                of the Foreign Corrupt Practices Act, or section 92 of 
                the Atomic Energy Act of 1954 (42 U.S.C. 2122) 
                (relating to prohibitions governing atomic weapons);
                  ``(E) a felony violation of the Federal Water 
                Pollution Control Act (33 U.S.C. 1251 et seq.), the 
                Ocean Dumping Act (33 U.S.C. 1401 et seq.), the Act to 
                Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), 
                the Safe Drinking Water Act (42 U.S.C. 300f et seq.), 
                or the Resources Conservation and Recovery Act (42 
                U.S.C. 6901 et seq.); or
                  ``(F) any act or activity constituting an offense 
                involving a Federal health care offense.
  ``(d) Nonexclusivity.--Nothing in this section shall supersede any 
provision of Federal, State, or other law imposing criminal penalties 
or affording civil remedies in addition to those provided for in this 
section.
  ``(e) Investigative Authority.--Violations of this section may be 
investigated by such components of the Department of Justice as the 
Attorney General may direct, and by such components of the Department 
of the Treasury as the Secretary of the Treasury may direct, as 
appropriate, and, with respect to offenses over which the Department of 
Homeland Security has jurisdiction, by such components of the 
Department of Homeland Security as the Secretary of Homeland Security 
may direct, and, with respect to offenses over which the United States 
Postal Service has jurisdiction, by the Postal Service. Such authority 
of the Secretary of the Treasury, the Secretary of Homeland Security, 
and the Postal Service shall be exercised in accordance with an 
agreement which shall be entered into by the Secretary of the Treasury, 
the Secretary of Homeland Security, the Postal Service, and the 
Attorney General. Violations of this section involving offenses 
described in paragraph (c)(7)(E) may be investigated by such components 
of the Department of Justice as the Attorney General may direct, and 
the National Enforcement Investigations Center of the Environmental 
Protection Agency.
  ``(f) Extraterriotorial Jurisdiction.--There is extraterritorial 
jurisdiction over the conduct prohibited by this section if--
          ``(1) the conduct is by a United States citizen or, in the 
        case of a non-United States citizen, the conduct occurs in part 
        in the United States; and
          ``(2) the transaction or series of related transactions 
        involves funds or monetary instruments of a value exceeding 
        $10,000.
  ``(g) Notice of Conviction of Financial Institutions.--If any 
financial institution or any officer, director, or employee of any 
financial institution has been found guilty of an offense under this 
section, section 1452 or 508, or section 5322 or 5324 of title 31, the 
Attorney General shall provide written notice of such fact to the 
appropriate regulatory agency for the financial institution.
  ``(h) Venue.--(1) Except as provided in paragraph (2), a prosecution 
for an offense under this section or section 1452 may be brought in--
          ``(A) any district in which the financial or monetary 
        transaction is conducted; or
          ``(B) any district where a prosecution for the underlying 
        specified unlawful activity could be brought, if the defendant 
        participated in the transfer of the proceeds of the specified 
        unlawful activity from that district to the district where the 
        financial or monetary transaction is conducted.
  ``(2) A prosecution for an attempt or conspiracy offense under this 
section or section 1957 may be brought in the district where venue 
would lie for the completed offense under paragraph (1), or in any 
other district where an act in furtherance of the attempt or conspiracy 
took place.
  ``(3) For purposes of this section, a transfer of funds from 1 place 
to another, by wire or any other means, shall constitute a single, 
continuing transaction. Any person who conducts (as that term is 
defined in subsection (c)(2)) any portion of the transaction may be 
charged in any district in which the transaction takes place.

``Sec. 1452. Engaging in monetary transactions in property derived from 
                    specified unlawful activity

  ``(a) Elements of Offense.--Whoever, as made applicable by subsection 
(d), knowingly engages or attempts to engage in a monetary transaction 
in criminally derived property of a value greater than $10,000 and is 
derived from specified unlawful activity, shall be punished as provided 
in subsection (b).
  ``(b) Punishment.--(1) Except as provided in paragraph (2), the 
punishment for an offense under this section is imprisonment for not 
more than ten years.
  ``(2) The court may impose an alternate fine to that imposable under 
paragraph (1) of not more than twice the amount of the criminally 
derived property involved in the transaction.
  ``(c) Proof.--In a prosecution for an offense under this section, the 
Government is not required to prove the defendant knew that the offense 
from which the criminally derived property was derived was specified 
unlawful activity.
  ``(d) Applicability.--Subsection (a) applies if--
          ``(1) that the offense under this section takes place in the 
        United States or in the special maritime and territorial 
        jurisdiction of the United States; or
          ``(2) that the offense under this section takes place outside 
        the United States and such special jurisdiction, but the 
        defendant is a United States person (as defined in section 3077 
        of this title, but excluding the class described in paragraph 
        (2)(D) of such section).
  ``(e) Investigative Authority.--Violations of this section may be 
investigated by such components of the Department of Justice as the 
Attorney General may direct, and by such components of the Department 
of the Treasury as the Secretary of the Treasury may direct, as 
appropriate, and, with respect to offenses over which the Department of 
Homeland Security has jurisdiction, by such components of the 
Department of Homeland Security as the Secretary of Homeland Security 
may direct, and, with respect to offenses over which the United States 
Postal Service has jurisdiction, by the Postal Service. Such authority 
of the Secretary of the Treasury, the Secretary of Homeland Security, 
and the Postal Service shall be exercised in accordance with an 
agreement which shall be entered into by the Secretary of the Treasury, 
the Secretary of Homeland Security, the Postal Service, and the 
Attorney General.
  ``(f) Definitions.--As used in this section--
          ``(1) the term `monetary transaction' means the deposit, 
        withdrawal, transfer, or exchange, in or affecting interstate 
        or foreign commerce, of funds or a monetary instrument (as 
        defined in section 1451(c)(5) of this title) by, through, or to 
        a financial institution (as defined in section 1451 of this 
        title), including any transaction that would be a financial 
        transaction under section 1451(c)(4)(B) of this title, but such 
        term does not include any transaction necessary to preserve a 
        person's right to representation as guaranteed by the sixth 
        amendment to the Constitution;
          ``(2) the term `criminally derived property' means any 
        property constituting, or derived from, proceeds obtained from 
        a criminal offense; and
          ``(3) the term `specified unlawful activity' has the meaning 
        given that term in section 1451 of this title.

``Sec. 1453. Structuring transactions to evade reporting requirement 
                    prohibited

  ``(a) Domestic Coin and Currency Transactions Involving Financial 
Institutions.--No person shall, for the purpose of evading the 
reporting requirements of section 5313(a) or 5325 of title 31 or any 
regulation prescribed under any such section, the reporting or 
recordkeeping requirements imposed by any order issued under section 
5326 of that title, or the recordkeeping requirements imposed by any 
regulation prescribed under section 21 of the Federal Deposit Insurance 
Act or section 123 of Public Law 91-508--
          ``(1) cause or attempt to cause a domestic financial 
        institution to fail to file a report required under section 
        5313(a) or 5325 of title 31 or any regulation prescribed under 
        any such section, to file a report or to maintain a record 
        required by an order issued under section 5326 of title 31, or 
        to maintain a record required pursuant to any regulation 
        prescribed under section 21 of the Federal Deposit Insurance 
        Act or section 123 of Public Law 91-508;
          ``(2) cause or attempt to cause a domestic financial 
        institution to file a report required under section 5313(a) or 
        5325 of title 31 or any regulation prescribed under any such 
        section, to file a report or to maintain a record required by 
        any order issued under section 5326 of title 31, or to maintain 
        a record required pursuant to any regulation prescribed under 
        section 5326 of title 31, or to maintain a record required 
        pursuant to any regulation prescribed under section 21 of the 
        Federal Deposit Insurance Act or section 123 of Public Law 91-
        508, that contains a material omission or misstatement of fact; 
        or
          ``(3) structure or assist in structuring, or attempt to 
        structure or assist in structuring, any transaction with one or 
        more domestic financial institutions.
  ``(b) Domestic Coin and Currency Transactions Involving Nonfinancial 
Trades or Businesses.--No person shall, for the purpose of evading the 
report requirements of section 5331 of title 31 or any regulation 
prescribed under such section--
          ``(1) cause or attempt to cause a nonfinancial trade or 
        business to fail to file a report required under section 5331 
        of title 31 or any regulation prescribed under such section;
          ``(2) cause or attempt to cause a nonfinancial trade or 
        business to file a report required under section 5331 of title 
        31 or any regulation prescribed under such section that 
        contains a material omission or misstatement of fact; or
          ``(3) structure or assist in structuring, or attempt to 
        structure or assist in structuring, any transaction with 1 or 
        more nonfinancial trades or businesses.
  ``(c) International Monetary Instrument Transactions.--No person 
shall, for the purpose of evading the reporting requirements of section 
5316 of title 31--
          ``(1) fail to file a report required by section 5316 of title 
        31, or cause or attempt to cause a person to fail to file such 
        a report;
          ``(2) file or cause or attempt to cause a person to file a 
        report required under section 5316 of title 31 that contains a 
        material omission or misstatement of fact; or
          ``(3) structure or assist in structuring, or attempt to 
        structure or assist in structuring, any importation or 
        exportation of monetary instruments.
  ``(d) Criminal Penalty.--
          ``(1) In general.--Whoever violates this section shall be 
        imprisoned for not more than 5 years.
          ``(2) Enhanced penalty for aggravated cases.--Whoever 
        violates this section while violating another law of the United 
        States or as part of a pattern of any illegal activity 
        involving more than $100,000 in a 12-month period shall be 
        imprisoned for not more than 10 years.

``Sec. 1454. Bulk cash smuggling into or out of the United States

  ``(a) Criminal Offense.--
          ``(1) In general.--Whoever, with the intent to evade a 
        currency reporting requirement under section 5316 of title 31, 
        knowingly conceals more than $10,000 in currency or other 
        monetary instruments on the person of such individual or in any 
        conveyance, article of luggage, merchandise, or other 
        container, and transports or transfers or attempts to transport 
        or transfer such currency or monetary instruments from a place 
        within the United States to a place outside of the United 
        States, or from a place outside the United States to a place 
        within the United States, shall be guilty of a currency 
        smuggling offense and subject to punishment pursuant to 
        subsection (b).
          ``(2) Concealment on person.--For purposes of this section, 
        the concealment of currency on the person of any individual 
        includes concealment in any article of clothing worn by the 
        individual or in any luggage, backpack, or other container worn 
        or carried by such individual.
  ``(b) Penalty.--
          ``(1) Term of imprisonment.--A person convicted of a currency 
        smuggling offense under subsection (a), or a conspiracy to 
        commit such offense, shall be imprisoned for not more than 5 
        years.
          ``(2) Forfeiture.--In addition, the court, in imposing 
        sentence under paragraph (1), shall order that the defendant 
        forfeit to the United States, any property, real or personal, 
        involved in the offense, and any property traceable to such 
        property, subject to subsection (c) of this section.
          ``(3) Procedure.--The seizure, restraint, and forfeiture of 
        property under this section shall be governed by section 413 of 
        the Controlled Substances Act.
          ``(4) Personal money judgment.--If the property subject to 
        forfeiture under paragraph (2) is unavailable, and the 
        defendant has insufficient substitute property that may be 
        forfeited under section 2561, the court shall enter a personal 
        money judgment against the defendant for the amount that would 
        be subject to forfeiture.
  ``(c) Civil Forfeiture.--
          ``(1) In general.--Any property involved in a violation of 
        subsection (a), or a conspiracy to commit such violation, and 
        any property traceable to such violation or conspiracy, may be 
        seized and forfeited to the United States.
          ``(2) Treatment of certain property as involved in the 
        offense.--For purposes of this subsection and subsection (b), 
        any currency or other monetary instrument that is concealed or 
        intended to be concealed in violation of subsection (a), any 
        article, container, or conveyance used, or intended to be used, 
        to conceal or transport the currency or other monetary 
        instrument, and any other property used, or intended to be 
        used, to facilitate the offense, shall be considered property 
        involved in the offense.

                         ``CHAPTER 37--PRIVACY

``Subchapter
                                                                    Sec.
``A. Privacy......................................................  1481

``B. Wire and electronic communications interception and 
interception of oral communications...............................  1491

``C. Stored wire and electronic communications and transactional 
records access....................................................  1521

``D. Prohibition on release and use of certain personal 
information from State motor vehicle records......................  1541

``E. Identity theft...............................................  1551

                        ``SUBCHAPTER A--PRIVACY

``Sec.
``1481.  Video voyeurism.

``Sec. 1481. Video voyeurism

  ``(a) Offense.--Whoever, in the special maritime and territorial 
jurisdiction of the United States, has the intent to capture an image 
of a private area of an individual without their consent, and knowingly 
does so under circumstances in which the individual has a reasonable 
expectation of privacy, shall be imprisoned not more than one year.
  ``(b) Definitions for Section.--As used in this section--
          ``(1) the term `capture', with respect to an image, means to 
        videotape, photograph, film, record by any means, or broadcast;
          ``(2) the term `broadcast' means to electronically transmit a 
        visual image with the intent that it be viewed by a person or 
        persons;
          ``(3) the term `a private area of the individual' means the 
        naked or undergarment clad genitals, pubic area, buttocks, or 
        female breast of that individual;
          ``(4) the term `female breast' means any portion of the 
        female breast below the top of the areola; and
          ``(5) the term `under circumstances in which that individual 
        has a reasonable expectation of privacy' means--
                  ``(A) circumstances in which a reasonable person 
                would believe that he or she could disrobe in privacy, 
                without being concerned that an image of a private area 
                of the individual was being captured; or
                  ``(B) circumstances in which a reasonable person 
                would believe that a private area of the individual 
                would not be visible to the public, regardless of 
                whether that person is in a public or private place.
  ``(c) Exclusion.--This section does not prohibit any lawful law 
enforcement, correctional, or intelligence activity.

  ``SUBCHAPTER B--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND 
                  INTERCEPTION OF ORAL COMMUNICATIONS

``Sec.
``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.

``Sec. 1491. Definitions

  ``As used in this subchapter--
          ``(1) the term `wire communication' means any aural transfer 
        made in whole or in part through the use of facilities for the 
        transmission of communications by the aid of wire, cable, or 
        other like connection between the point of origin and the point 
        of reception (including the use of such connection in a 
        switching station) furnished or operated by any person engaged 
        in providing or operating such facilities for the transmission 
        of interstate or foreign communications or communications 
        affecting interstate or foreign commerce;
          ``(2) the term `oral communication' means any oral 
        communication uttered by a person exhibiting an expectation 
        that such communication is not subject to interception under 
        circumstances justifying such expectation, but such term does 
        not include any electronic communication;
          ``(3) the term `intercept' means the aural or other 
        acquisition of the contents of any wire, electronic, or oral 
        communication through the use of any electronic, mechanical, or 
        other device;
          ``(4) the term `electronic, mechanical, or other device' 
        means any device or apparatus which can be used to intercept a 
        wire, oral, or electronic communication other than--
                  ``(A) any telephone or telegraph instrument, 
                equipment or facility, or any component thereof, (i) 
                furnished to the subscriber or user by a provider of 
                wire or electronic communication service in the 
                ordinary course of its business and being used by the 
                subscriber or user in the ordinary course of its 
                business or furnished by such subscriber or user for 
                connection to the facilities of such service and used 
                in the ordinary course of its business; or (ii) being 
                used by a provider of wire or electronic communication 
                service in the ordinary course of its business, or by 
                an investigative or law enforcement officer in the 
                ordinary course of his duties;
                  ``(B) a hearing aid or similar device being used to 
                correct subnormal hearing to not better than normal;
          ``(5) the term `Investigative or law enforcement officer' 
        means any officer of the United States or of a State or 
        political subdivision thereof, who is empowered by law to 
        conduct investigations of or to make arrests for offenses 
        enumerated in this chapter, and any attorney authorized by law 
        to prosecute or participate in the prosecution of such 
        offenses;
          ``(6) the term `contents', when used with respect to any 
        wire, oral, or electronic communication, includes any 
        information concerning the substance, purport, or meaning of 
        that communication;
          ``(7) the term `Judge of competent jurisdiction' means--
                  ``(A) a judge of a United States district court or a 
                United States court of appeals; and
                  ``(B) a judge of any court of general criminal 
                jurisdiction of a State who is authorized by a statute 
                of that State to enter orders authorizing interceptions 
                of wire, oral, or electronic communications;
          ``(8) the term `communication common carrier' has the meaning 
        given that term in section 3 of the Communications Act of 1934;
          ``(9) the term `aggrieved person' means a person who was a 
        party to any intercepted wire, oral, or electronic 
        communication or a person against whom the interception was 
        directed;
          ``(10) the term `electronic communication' means any transfer 
        of signs, signals, writing, images, sounds, data, or 
        intelligence of any nature transmitted in whole or in part by a 
        wire, radio, electromagnetic, photoelectronic or photooptical 
        system that affects interstate or foreign commerce, but does 
        not include--
                  ``(A) any wire or oral communication;
                  ``(B) any communication made through a tone-only 
                paging device;
                  ``(C) any communication from a tracking device (as 
                defined in section 3117 of this title); or
                  ``(D) electronic funds transfer information stored by 
                a financial institution in a communications system used 
                for the electronic storage and transfer of funds;
          ``(11) the term `user' means any person or entity who--
                  ``(A) uses an electronic communication service; and
                  ``(B) is duly authorized by the provider of such 
                service to engage in such use;
          ``(12) the term `electronic communications system' means any 
        wire, radio, electromagnetic, photooptical or photoelectronic 
        facilities for the transmission of wire or electronic 
        communications, and any computer facilities or related 
        electronic equipment for the electronic storage of such 
        communications;
          ``(13) the term `electronic communication service' means any 
        service which provides to users thereof the ability to send or 
        receive wire or electronic communications;
          ``(14) the term `readily accessible to the general public' 
        means, with respect to a radio communication, that such 
        communication is not--
                  ``(A) scrambled or encrypted;
                  ``(B) transmitted using modulation techniques whose 
                essential parameters have been withheld from the public 
                with the intention of preserving the privacy of such 
                communication;
                  ``(C) carried on a subcarrier or other signal 
                subsidiary to a radio transmission;
                  ``(D) transmitted over a communication system 
                provided by a common carrier, unless the communication 
                is a tone only paging system communication; or
                  ``(E) transmitted on frequencies allocated under part 
                25, subpart D, E, or F of part 74, or part 94 of the 
                Rules of the Federal Communications Commission, unless, 
                in the case of a communication transmitted on a 
                frequency allocated under part 74 that is not 
                exclusively allocated to broadcast auxiliary services, 
                the communication is a two-way voice communication by 
                radio;
          ``(15) the term `electronic storage' means--
                  ``(A) any temporary, intermediate storage of a wire 
                or electronic communication incidental to the 
                electronic transmission thereof; and
                  ``(B) any storage of such communication by an 
                electronic communication service for purposes of backup 
                protection of such communication;
          ``(16) the term `aural transfer' means a transfer containing 
        the human voice at any point between and including the point of 
        origin and the point of reception;
          ``(17) the term `foreign intelligence information', for 
        purposes of section 3119B(f), means--
                  ``(A) information, whether or not concerning a United 
                States person, that relates to the ability of the 
                United States to protect against--
                          ``(i) actual or potential attack or other 
                        grave hostile acts of a foreign power or an 
                        agent of a foreign power;
                          ``(ii) sabotage or international terrorism by 
                        a foreign power or an agent of a foreign power; 
                        or
                          ``(iii) clandestine intelligence activities 
                        by an intelligence service or network of a 
                        foreign power or by an agent of a foreign 
                        power; or
                  ``(B) information, whether or not concerning a United 
                States person, with respect to a foreign power or 
                foreign territory that relates to--
                          ``(i) the national defense or the security of 
                        the United States; or
                          ``(ii) the conduct of the foreign affairs of 
                        the United States;
          ``(18) the term `protected computer' has the meaning set 
        forth in section 1030; and
          ``(19) the term `computer trespasser'--
                  ``(A) means a person who accesses a protected 
                computer without authorization and thus has no 
                reasonable expectation of privacy in any communication 
                transmitted to, through, or from the protected 
                computer; and
                  ``(B) does not include a person known by the owner or 
                operator of the protected computer to have an existing 
                contractual relationship with the owner or operator of 
                the protected computer for access to all or part of the 
                protected computer.

``Sec. 1492. Interception and disclosure of wire, oral, or electronic 
                    communications prohibited

  ``(a) Offense.--Except as otherwise specifically provided in this 
subchapter whoever--
          ``(1) intentionally intercepts, endeavors to intercept, or 
        procures any other person to intercept or endeavor to 
        intercept, any wire, oral, or electronic communication;
          ``(2) intentionally uses, endeavors to use, or procures any 
        other person to use or endeavor to use any electronic, 
        mechanical, or other device to intercept any oral communication 
        when--
                  ``(A) such device is affixed to, or otherwise 
                transmits a signal through, a wire, cable, or other 
                like connection used in wire communication;
                  ``(B) such device transmits communications by radio, 
                or interferes with the transmission of such 
                communication;
                  ``(C) such person knows, or has reason to know, that 
                such device or any component thereof has been sent 
                through the mail or transported in interstate or 
                foreign commerce;
                  ``(D) such use or endeavor to use (i) takes place on 
                the premises of any business or other commercial 
                establishment the operations of which affect interstate 
                or foreign commerce; or (ii) obtains or is for the 
                purpose of obtaining information relating to the 
                operations of any business or other commercial 
                establishment the operations of which affect interstate 
                or foreign commerce; or
                  ``(E) such person acts in the District of Columbia, 
                the Commonwealth of Puerto Rico, or any territory or 
                possession of the United States;
          ``(3) intentionally discloses, or endeavors to disclose, to 
        any other person the contents of any wire, oral, or electronic 
        communication, knowing or having reason to know that the 
        information was obtained through the interception of a wire, 
        oral, or electronic communication in violation of this 
        subsection;
          ``(4) intentionally uses, or endeavors to use, the contents 
        of any wire, oral, or electronic communication, knowing or 
        having reason to know that the information was obtained through 
        the interception of a wire, oral, or electronic communication 
        in violation of this subsection; or
          ``(5)(A) intentionally discloses, or endeavors to disclose, 
        to any other person the contents of any wire, oral, or 
        electronic communication, intercepted by means authorized by 
        sections 1492(b)(1)(B), 1492(b)(2)-(3), 1492(b)(5), 3119A, and 
        3119C8;
          ``(B) knowing or having reason to know that the information 
        was obtained through the interception of such a communication 
        in connection with a criminal investigation;
          ``(C) having obtained or received the information in 
        connection with a criminal investigation; and
          ``(D) with intent to improperly obstruct, impede, or 
        interfere with a duly authorized criminal investigation,
shall be punished as provided in subsection (d) or shall be subject to 
suit as provided in subsection (5).
  ``(b) Exclusions.--(1)(A) It shall not be unlawful under this 
subchapter for an operator of a switchboard, or an officer, employee, 
or agent of a provider of wire or electronic communication service, 
whose facilities are used in the transmission of a wire or electronic 
communication, to intercept, disclose, or use that communication in the 
normal course of his employment while engaged in any activity which is 
a necessary incident to the rendition of his service or to the 
protection of the rights or property of the provider of that service, 
except that a provider of wire communication service to the public 
shall not utilize service observing or random monitoring except for 
mechanical or service quality control checks.
  ``(B) Notwithstanding any other law, providers of wire or electronic 
communication service, their officers, employees, and agents, 
landlords, custodians, or other persons, are authorized to provide 
information, facilities, or technical assistance to persons authorized 
by law to intercept wire, oral, or electronic communications or to 
conduct electronic surveillance, as defined in section 101 of the 
Foreign Intelligence Surveillance Act of 1978, if such provider, its 
officers, employees, or agents, landlord, custodian, or other specified 
person, has been provided with--
          ``(i) a court order directing such assistance or a court 
        order pursuant to section 704 of the Foreign Intelligence 
        Surveillance Act of 1978 signed by the authorizing judge, or
          ``(ii) a certification in writing by a person specified in 
        section 2518(7) of this title or the Attorney General of the 
        United States that no warrant or court order is required by 
        law, that all statutory requirements have been met, and that 
        the specified assistance is required,
setting forth the period of time during which the provision of the 
information, facilities, or technical assistance is authorized and 
specifying the information, facilities, or technical assistance 
required. No provider of wire or electronic communication service, 
officer, employee, or agent thereof, or landlord, custodian, or other 
specified person shall disclose the existence of any interception or 
surveillance or the device used to accomplish the interception or 
surveillance with respect to which the person has been furnished a 
court order or certification under this subchapter, except as may 
otherwise be required by legal process and then only after prior 
notification to the Attorney General or to the principal prosecuting 
attorney of a State or any political subdivision of a State, as may be 
appropriate. Any such disclosure, shall render such person liable for 
the civil damages provided for in section 2520. No cause of action 
shall lie in any court against any provider of wire or electronic 
communication service, its officers, employees, or agents, landlord, 
custodian, or other specified person for providing information, 
facilities, or assistance in accordance with the terms of a court 
order, statutory authorization, or certification under this subchapter.
  ``(C) If a certification under subparagraph (B)(ii) for assistance to 
obtain foreign intelligence information is based on statutory 
authority, the certification shall identify the specific statory 
provision and shall certify that the statutory requirements have been 
met.
  ``(2) It shall not be unlawful under this subchapter for an officer, 
employee, or agent of the Federal Communications Commission, in the 
normal course of his employment and in discharge of the monitoring 
responsibilities exercised by the Commission in the enforcement of 
chapter 5 of title 47 of the United States Code, to intercept a wire or 
electronic communication, or oral communication transmitted by radio, 
or to disclose or use the information thereby obtained.
  ``(3) It shall not be unlawful under this subchapter for a person 
acting under color of law to intercept a wire, oral, or electronic 
communication, where such person is a party to the communication or one 
of the parties to the communication has given prior consent to such 
interception.
  ``(4) It shall not be unlawful under this subchapter for a person not 
acting under color of law to intercept a wire, oral, or electronic 
communication where such person is a party to the communication or 
where one of the parties to the communication has given prior consent 
to such interception unless such communication is intercepted for the 
purpose of committing any criminal or tortious act in violation of the 
Constitution or laws of the United States or of any State.
  ``(5) Notwithstanding any other provision of this title or section 
705 or 706 of the Communications Act of 1934, it shall not be unlawful 
for an officer, employee, or agent of the United States in the normal 
course of his official duty to conduct electronic surveillance, as 
defined in section 101 of the Foreign Intelligence Surveillance Act of 
1978, as authorized by that Act.
  ``(6) Nothing contained in this subchapter or subchapter C, chapter 
206B, or section 705 of the Communications Act of 1934, shall be deemed 
to affect the acquisition by the United States Government of foreign 
intelligence information from international or foreign communications, 
or foreign intelligence activities conducted in accordance with 
otherwise applicable Federal law involving a foreign electronic 
communications system, utilizing a means other than electronic 
surveillance as defined in section 101 of the Foreign Intelligence 
Surveillance Act of 1978, and procedures in this subchapter or 
subchapter C, chapter 206B of this title, or section 705 of the 
Communications Act of 1934 and the Foreign Intelligence Surveillance 
Act of 1978 shall be the exclusive means by which electronic 
surveillance, as defined in section 101 of such Act, and the 
interception of domestic wire, oral, and electronic communications may 
be conducted.
  ``(7) It shall not be unlawful under this subchapter or subchapter C 
for any person--
          ``(A) to intercept or access an electronic communication made 
        through an electronic communication system that is configured 
        so that such electronic communication is readily accessible to 
        the general public;
          ``(B) to intercept any radio communication which is 
        transmitted--
                  ``(i) by any station for the use of the general 
                public, or that relates to ships, aircraft, vehicles, 
                or persons in distress;
                  ``(ii) by any governmental, law enforcement, civil 
                defense, private land mobile, or public safety 
                communications system, including police and fire, 
                readily accessible to the general public;
                  ``(iii) by a station operating on an authorized 
                frequency within the bands allocated to the amateur, 
                citizens band, or general mobile radio services; or
                  ``(iv) by any marine or aeronautical communications 
                system;
          ``(C) to engage in any conduct which--
                  ``(i) is prohibited by section 633 of the 
                Communications Act of 1934; or
                  ``(ii) is excepted from the application of section 
                705(a) of the Communications Act of 1934 by section 
                705(b) of that Act;
                  ``(iii) to intercept any wire or electronic 
                communication the transmission of which is causing 
                harmful interference to any lawfully operating station 
                or consumer electronic equipment, to the extent 
                necessary to identify the source of such interference; 
                or
                  ``(iv) for other users of the same frequency to 
                intercept any radio communication made through a system 
                that utilizes frequencies monitored by individuals 
                engaged in the provision or the use of such system, if 
                such communication is not scrambled or encrypted.
  ``(8) It shall not be unlawful under this subchapter--
          ``(A) to use a pen register or a trap and trace device (as 
        those terms are defined for the purposes of chapter 206 
        (relating to pen registers and trap and trace devices) of this 
        title); or
          ``(B) for a provider of electronic communication service to 
        record the fact that a wire or electronic communication was 
        initiated or completed in order to protect such provider, 
        another provider furnishing service toward the completion of 
        the wire or electronic communication, or a user of that 
        service, from fraudulent, unlawful or abusive use of such 
        service.
  ``(9) It shall not be unlawful under this subchapter for a person 
acting under color of law to intercept the wire or electronic 
communications of a computer trespasser transmitted to, through, or 
from the protected computer, if--
          ``(A) the owner or operator of the protected computer 
        authorizes the interception of the computer trespasser's 
        communications on the protected computer;
          ``(B) the person acting under color of law is lawfully 
        engaged in an investigation;
          ``(C) the person acting under color of law has reasonable 
        grounds to believe that the contents of the computer 
        trespasser's communications will be relevant to the 
        investigation; and
          ``(D) such interception does not acquire communications other 
        than those transmitted to or from the computer trespasser.
  ``(c) Contents in Transmission.--(1) Except as provided in paragraph 
(b) of this subsection, a person or entity providing an electronic 
communication service to the public shall not intentionally divulge the 
contents of any communication (other than one to such person or entity, 
or an agent thereof) while in transmission on that service to any 
person or entity other than an addressee or intended recipient of such 
communication or an agent of such addressee or intended recipient.
  ``(2) A person or entity providing electronic communication service 
to the public may divulge the contents of any such communication--
          ``(A) as otherwise authorized in section 2511(2)(a) or 2517 
        of this title;
          ``(B) with the lawful consent of the originator or any 
        addressee or intended recipient of such communication;
          ``(C) to a person employed or authorized, or whose facilities 
        are used, to forward such communication to its destination; or
          ``(D) which were inadvertently obtained by the service 
        provider and which appear to pertain to the commission of a 
        crime, if such divulgence is made to a law enforcement agency.
  ``(d) Punishment.--(1) Except as provided in paragraph (b) of this 
subsection or in subsection (5), whoever violates subsection (1) of 
this section shall be imprisoned not more than five years.
  ``(2) Conduct otherwise an offense under this subsection that 
consists of or relates to the interception of a satellite transmission 
that is not encrypted or scrambled and that is transmitted--
          ``(A) to a broadcasting station for purposes of 
        retransmission to the general public; or
          ``(B) as an audio subcarrier intended for redistribution to 
        facilities open to the public, but not including data 
        transmissions or telephone calls,
is not an offense under this subsection unless the conduct is for the 
purposes of direct or indirect commercial advantage or private 
financial gain.
  ``(e) Certain Communications.--(1)(A) If the communication is--
                  ``(i) a private satellite video communication that is 
                not scrambled or encrypted and the conduct in violation 
                of this subchapter is the private viewing of that 
                communication and is not for a tortious or illegal 
                purpose or for purposes of direct or indirect 
                commercial advantage or private commercial gain; or
                  ``(ii) a radio communication that is transmitted on 
                frequencies allocated under subpart D of part 74 of the 
                rules of the Federal Communications Commission that is 
                not scrambled or encrypted and the conduct in violation 
                of this subchapter is not for a tortious or illegal 
                purpose or for purposes of direct or indirect 
                commercial advantage or private commercial gain,
then the person who engages in such conduct shall be subject to suit by 
the Federal Government in a court of competent jurisdiction.
  ``(B) In an action under this subsection--
          ``(i) if the violation of this subchapter is a first offense 
        for the person under paragraph (a) of subsection (4) and such 
        person has not been found liable in a civil action under 
        section 2520 of this title, the Federal Government shall be 
        entitled to appropriate injunctive relief; and
          ``(ii) if the violation of this subchapter is a second or 
        subsequent offense under paragraph (a) of subsection (4) or 
        such person has been found liable in any prior civil action 
        under section 2520, the person shall be subject to a mandatory 
        $500 civil fine.
  ``(2) The court may use any means within its authority to enforce an 
injunction issued under paragraph (ii)(A), and shall impose a civil 
fine of not less than $500 for each violation of such an injunction.

``Sec. 1493. Manufacture, distribution, possession, and advertising of 
                    wire, oral, or electronic communication 
                    intercepting devices prohibited

  ``(a) Offense.--Except as otherwise specifically provided in this 
subchapter, whoever intentionally--
          ``(1) sends through the mail, or sends or carries in 
        interstate or foreign commerce, any electronic, mechanical, or 
        other device, knowing or having reason to know that the design 
        of such device renders it primarily useful for the purpose of 
        the surreptitious interception of wire, oral, or electronic 
        communications;
          ``(2) manufactures, assembles, possesses, or sells any 
        electronic, mechanical, or other device, knowing or having 
        reason to know that the design of such device renders it 
        primarily useful for the purpose of the surreptitious 
        interception of wire, oral, or electronic communications, and 
        that such device or any component thereof has been or will be 
        sent through the mail or transported in interstate or foreign 
        commerce; or
          ``(3) places in any newspaper, magazine, handbill, or other 
        publication or disseminates by electronic means any 
        advertisement of--
                  ``(A) any electronic, mechanical, or other device 
                knowing or having reason to know that the design of 
                such device renders it primarily useful for the purpose 
                of the surreptitious interception of wire, oral, or 
                electronic communications; or
                  ``(B) any other electronic, mechanical, or other 
                device, where such advertisement promotes the use of 
                such device for the purpose of the surreptitious 
                interception of wire, oral, or electronic 
                communications,
        knowing the content of the advertisement and knowing or having 
        reason to know that such advertisement will be sent through the 
        mail or transported in interstate or foreign commerce,
shall be imprisoned not more than five years.
  ``(b) Exclusion.--It shall not be unlawful under this section for--
          ``(1) a provider of wire or electronic communication service 
        or an officer, agent, or employee of, or a person under 
        contract with, such a provider, in the normal course of the 
        business of providing that wire or electronic communication 
        service, or
          ``(2) an officer, agent, or employee of, or a person under 
        contract with, the United States, a State, or a political 
        subdivision thereof, in the normal course of the activities of 
        the United States, a State, or a political subdivision thereof,
to send through the mail, send or carry in interstate or foreign 
commerce, or manufacture, assemble, possess, or sell any electronic, 
mechanical, or other device knowing or having reason to know that the 
design of such device renders it primarily useful for the purpose of 
the surreptitious interception of wire, oral, or electronic 
communications.
  ``(c) Additional Exclusion.--It shall not be unlawful under this 
section to advertise for sale a device described in subsection (a) of 
this section if the advertisement is mailed, sent, or carried in 
interstate or foreign commerce solely to a domestic provider of wire or 
electronic communication service or to an agency of the United States, 
a State, or a political subdivision thereof which is duly authorized to 
use such device.

``Sec. 1494. Confiscation of wire, oral, or electronic communication 
                    intercepting devices

  ``Any electronic, mechanical, or other device used, sent, carried, 
manufactured, assembled, possessed, sold, or advertised in violation of 
section 1492 or section 1493 may be seized and forfeited to the United 
States. All provisions of law relating to (1) the seizure, summary and 
judicial forfeiture, and condemnation of vessels, vehicles, 
merchandise, and baggage for violations of the customs laws contained 
in title 19 of the United States Code, (2) the disposition of such 
vessels, vehicles, merchandise, and baggage or the proceeds from the 
sale thereof, (3) the remission or mitigation of such forfeiture, (4) 
the compromise of claims, and (5) the award of compensation to 
informers in respect of such forfeitures, shall apply to seizures and 
forfeitures incurred, or alleged to have been incurred, under the 
provisions of this section, insofar as applicable and not inconsistent 
with the provisions of this section; except that such duties as are 
imposed upon the collector of customs or any other person with respect 
to the seizure and forfeiture of vessels, vehicles, merchandise, and 
baggage under the provisions of the customs laws contained in title 19 
of the United States Code shall be performed with respect to seizure 
and forfeiture of electronic, mechanical, or other intercepting devices 
under this section by such officers, agents, or other persons as may be 
authorized or designated for that purpose by the Attorney General.

     ``SUBCHAPTER C--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND 
                      TRANSACTIONAL RECORDS ACCESS

``Sec.
``1521.  Unlawful access to stored communications.

``Sec. 1521. Unlawful access to stored communications

  ``(a) Offense.--Except as provided in subsection (c) of this section 
whoever--
          ``(1) intentionally accesses without authorization a facility 
        through which an electronic communication service is provided; 
        or
          ``(2) intentionally exceeds an authorization to access that 
        facility;
and thereby obtains, alters, or prevents authorized access to a wire or 
electronic communication while it is in electronic storage in such 
system shall be punished as provided in subsection (b) of this section.
  ``(b) Punishment.--The punishment for an offense under subsection (a) 
of this section is--
          ``(1) if the offense is committed for purposes of commercial 
        advantage, malicious destruction or damage, or private 
        commercial gain, or in furtherance of any criminal or tortious 
        act in violation of the Constitution or laws of the United 
        States or any State--
                  ``(A) a fine under this title or imprisonment for not 
                more than 5 years, or both, in the case of a first 
                offense under this subparagraph; and
                  ``(B) a fine under this title or imprisonment for not 
                more than 10 years, or both, for any subsequent offense 
                under this subparagraph; and
          ``(2) in any other case--
                  ``(A) a fine under this title or imprisonment for not 
                more than 1 year or both, in the case of a first 
                offense under this paragraph; and
                  ``(B) a fine under this title or imprisonment for not 
                more than 5 years, or both, in the case of an offense 
                under this subparagraph that occurs after a conviction 
                of another offense under this section.
  ``(c) Exceptions.--Subsection (a) of this section does not apply with 
respect to conduct authorized--
          ``(1) by the person or entity providing a wire or electronic 
        communications service;
          ``(2) by a user of that service with respect to a 
        communication of or intended for that user; or
          ``(3) in section 3120A, 3120B, or 3119C.

``Sec. 1522. Definitions

  ``A term that is defined by chapter 206B has the same meaning when 
used in this subchapter.

  ``SUBCHAPTER D--PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL 
              INFORMATION FROM STATE MOTOR VEHICLE RECORDS

``Sec.
``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.

``Sec. 1541. Prohibition on release and use of certain personal 
                    information from State motor vehicle records

  ``(a) In General.--A State department of motor vehicles, and any 
officer, employee, or contractor thereof, shall not knowingly disclose 
or otherwise make available to any person or entity--
          ``(1) personal information about any individual obtained by 
        the department in connection with a motor vehicle record, 
        except as provided in subsection (b) of this section; or
          ``(2) highly restricted personal information about any 
        individual obtained by the department in connection with a 
        motor vehicle record, without the express consent of the person 
        to whom such information applies, except uses permitted in 
        subsections (b)(1), (b)(4), (b)(6), and (b)(9), but this 
        paragraph does not in any way affect the use of organ donation 
        information on an individual's driver's license or affect the 
        administration of organ donation initiatives in the States.
  ``(b) Permissible Uses.--Personal information referred to in 
subsection (a) shall be disclosed for use in connection with matters of 
motor vehicle or driver safety and theft, motor vehicle emissions, 
motor vehicle product alterations, recalls, or advisories, performance 
monitoring of motor vehicles and dealers by motor vehicle 
manufacturers, and removal of non-owner records from the original owner 
records of motor vehicle manufacturers to carry out the purposes of 
titles I and IV of the Anti Car Theft Act of 1992, the Automobile 
Information Disclosure Act (15 U.S.C. 1231 et seq.), the Clean Air Act 
(42 U.S.C. 7401 et seq.), and chapters 301, 305, and 321-331 of title 
49, and, subject to subsection (a)(2), may be disclosed as follows:
          ``(1) For use by any government agency, including any court 
        or law enforcement agency, in carrying out its functions, or 
        any private person or entity acting on behalf of a Federal, 
        State, or local agency in carrying out its functions.
          ``(2) For use in connection with matters of motor vehicle or 
        driver safety and theft; motor vehicle emissions; motor vehicle 
        product alterations, recalls, or advisories; performance 
        monitoring of motor vehicles, motor vehicle parts and dealers; 
        motor vehicle market research activities, including survey 
        research; and removal of non-owner records from the original 
        owner records of motor vehicle manufacturers.
          ``(3) For use in the normal course of business by a 
        legitimate business or its agents, employees, or contractors, 
        but only--
                  ``(A) to verify the accuracy of personal information 
                submitted by the individual to the business or its 
                agents, employees, or contractors; and
                  ``(B) if such information as so submitted is not 
                correct or is no longer correct, to obtain the correct 
                information, but only for the purposes of preventing 
                fraud by, pursuing legal remedies against, or 
                recovering on a debt or security interest against, the 
                individual.
          ``(4) For use in connection with any civil, criminal, 
        administrative, or arbitral proceeding in any Federal, State, 
        or local court or agency or before any self-regulatory body, 
        including the service of process, investigation in anticipation 
        of litigation, and the execution or enforcement of judgments 
        and orders, or pursuant to an order of a Federal, State, or 
        local court.
          ``(5) For use in research activities, and for use in 
        producing statistical reports, so long as the personal 
        information is not published, redisclosed, or used to contact 
        individuals.
          ``(6) For use by any insurer or insurance support 
        organization, or by a self-insured entity, or its agents, 
        employees, or contractors, in connection with claims 
        investigation activities, antifraud activities, rating or 
        underwriting.
          ``(7) For use in providing notice to the owners of towed or 
        impounded vehicles.
          ``(8) For use by any licensed private investigative agency or 
        licensed security service for any purpose permitted under this 
        subsection.
          ``(9) For use by an employer or its agent or insurer to 
        obtain or verify information relating to a holder of a 
        commercial driver's license that is required under chapter 313 
        of title 49.
          ``(10) For use in connection with the operation of private 
        toll transportation facilities.
          ``(11) For any other use in response to requests for 
        individual motor vehicle records if the State has obtained the 
        express consent of the person to whom such personal information 
        pertains.
          ``(12) For bulk distribution for surveys, marketing or 
        solicitations if the State has obtained the express consent of 
        the person to whom such personal information pertains.
          ``(13) For use by any requester, if the requester 
        demonstrates it has obtained the written consent of the 
        individual to whom the information pertains.
          ``(14) For any other use specifically authorized under the 
        law of the State that holds the record, if such use is related 
        to the operation of a motor vehicle or public safety.
  ``(c) Resale or Redisclosure.--An authorized recipient of personal 
information (except a recipient under subsection (b)(11) or (12)) may 
resell or redisclose the information only for a use permitted under 
subsection (b) (but not for uses under subsection (b)(11) or (12)). An 
authorized recipient under subsection (b)(11) may resell or redisclose 
personal information for any purpose. An authorized recipient under 
subsection (b)(12) may resell or redisclose personal information 
pursuant to subsection (b)(12). Any authorized recipient (except a 
recipient under subsection (b)(11)) that resells or rediscloses 
personal information covered by this chapter must keep for a period of 
5 years records identifying each person or entity that receives 
information and the permitted purpose for which the information will be 
used and must make such records available to the motor vehicle 
department upon request.
  ``(d) Waiver Procedures.--A State motor vehicle department may 
establish and carry out procedures under which the department or its 
agents, upon receiving a request for personal information that does not 
fall within one of the exceptions in subsection (b), may mail a copy of 
the request to the individual about whom the information was requested, 
informing such individual of the request, together with a statement to 
the effect that the information will not be released unless the 
individual waives such individual's right to privacy under this 
section.
  ``(e) Prohibition on Conditions.--No State may condition or burden in 
any way the issuance of an individual's motor vehicle record to obtain 
express consent. Nothing in this paragraph shall be construed to 
prohibit a State from charging an administrative fee for issuance of a 
motor vehicle record.

``Sec. 1542. Additional unlawful acts

  ``(a) Procurement for Unlawful Purpose.--It shall be unlawful for any 
person knowingly to obtain or disclose personal information, from a 
motor vehicle record, for any use not permitted under section 1541(b) 
of this title.
  ``(b) False Representation.--It shall be unlawful for any person to 
make false representation to obtain any personal information from an 
individual's motor vehicle record.

``Sec. 1543. Penalties

  ``(a) Criminal Fine.--Whoever knowingly violates this subchapter 
shall be fined under this title.
  ``(b) Violations by State Department of Motor Vehicles.--Any State 
department of motor vehicles that has a policy or practice of 
substantial noncompliance with this chapter shall be subject to a civil 
penalty imposed by the Attorney General of not more than $5,000 a day 
for each day of substantial noncompliance.

``Sec. 1544. Civil action

  ``(a) Cause of Action.--A person who knowingly obtains, discloses or 
uses personal information, from a motor vehicle record, for a purpose 
not permitted under this chapter shall be liable to the individual to 
whom the information pertains, who may bring a civil action in a United 
States district court.
  ``(b) Remedies.--The court may award--
          ``(1) actual damages, but not less than liquidated damages in 
        the amount of $2,500;
          ``(2) punitive damages upon proof of willful or reckless 
        disregard of the law;
          ``(3) reasonable attorneys' fees and other litigation costs 
        reasonably incurred; and
          ``(4) such other preliminary and equitable relief as the 
        court determines to be appropriate.

``Sec. 1545. Definitions

  ``As used in this subchapter--
          ``(1) the term `motor vehicle record' means any record that 
        pertains to a motor vehicle operator's permit, motor vehicle 
        title, motor vehicle registration, or identification card 
        issued by a department of motor vehicles;
          ``(2) the term `personal information' means information that 
        identifies an individual, including an individual's photograph, 
        social security number, driver identification number, name, 
        address (but not the 5-digit zip code), telephone number, and 
        medical or disability information, but does not include 
        information on vehicular accidents, driving violations, and 
        driver's status;
          ``(3) the term `highly restricted personal information' means 
        an individual's photograph or image, social security number, 
        medical or disability information; and
          ``(4) the term `express consent' means consent in writing, 
        including consent conveyed electronically that bears an 
        electronic signature as defined in section 106(5) of Public Law 
        106-229.

                     ``SUBCHAPTER E--IDENTITY THEFT

``Sec.
``1551.  Obtaining information under false pretenses.
``1552.  Unauthorized disclosures by officers or employees.
``1553.  Definitions for subchapter.

``Sec. 1551. Obtaining information under false pretenses

  ``Whoever knowingly obtains information on a consumer from a consumer 
reporting agency under false pretenses shall be imprisoned for not more 
than 2 years.

``Sec. 1552. Unauthorized disclosures by officers or employees

  ``Any officer or employee of a consumer reporting agency who 
knowingly provides information concerning an individual from the 
agency's files to a person not authorized to receive that information 
shall be imprisoned for not more than 2 years.

``Sec. 1553. Definitions for subchapter

  ``A term defined in the Fair Credit Reporting Act shall have the same 
meaning when used in the subchapter.

                        ``CHAPTER 50--FORFEITURE

``Subchapter
                                                                    Sec.
``A. Property subject to forfeiture...............................  2501

``B. Civil forfeiture.............................................  2551

``C. Criminal forfeiture..........................................  2561

             ``SUBCHAPTER A--PROPERTY SUBJECT TO FORFEITURE

``Sec.
``2501. Forfeitable property.

``Sec. 2501. Forfeitable property

  ``(a) Definitions.--As used in this chapter--
  ``(1) the term `forfeitable property' means any property, real or 
personal, tangible or intangible, that is--
                  ``(A) used or intended to be used to commit or 
                facilitate the offense;
                  ``(B) constituting, derived from, or traceable to 
                proceeds of the offense; or
                  ``(C) substitute assets for property described in 
                subparagraph (1) or (B); and
          ``(2) the term `proceeds' means all property obtained 
        directly or indirectly from the offense.
  ``(b) Special Rule for Terrorist Offenses.--In the case of an act of 
domestic or international terrorism, as defined in section 283, there 
shall be deemed to be involved in the offense all assets, foreign and 
domestic--
                  ``(A) of any individual, entity, or organization 
                engaged in planning or perpetrating the act, and all 
                assets, foreign or domestic, affording any person a 
                source of influence over any such entity or 
                organization;
                  ``(B) acquired or maintained by any person with the 
                intent and for the purpose of supporting, planning, 
                conducting, or concealing the act; or
                  ``(C) derived from, involved in, or used or intended 
                to be used to commit the act of domestic or 
                international terrorism.
  ``(c) Special Rule for Counterfeit Paraphernalia.--For the purposes 
of this chapter, the term `forfeitable property' also includes any 
counterfeit of a coin, obligation, or security of the United States or 
of any foreign government or any material or apparatus used or fitted 
or intended to be used, in the making of such a counterfeit, found in 
the possession of any person without authority from the Secretary of 
the Treasury or other proper officer.

                    ``SUBCHAPTER B--CIVIL FORFEITURE

``Sec.
``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.
``2556. Subpoenas for bank records.
``2557. Anti-terrorist forfeiture protection.

``Sec. 2551. Offenses giving rise to civil forfeiture

  ``(a) Criminally related property subject to forfeiture.--All right, 
title, and interest in forfeitable property relating to an offense 
described in subsection (b) shall vest in the United States upon 
commission of that offense.
  ``(b) Offenses Giving Rise to Civil Forfeiture.--The following 
offenses give rise to civil forfeiture under this section:
          ``(1) A violation of section 612, 614, 691-719, 773-775, 779, 
        783, 786, 787, 789, 804, 851, 852, 862-865, or 1003 or any 
        offense constituting `specified unlawful activity' (as defined 
        in section 1451).
          ``(2) An offense against a foreign nation, or any property 
        used to facilitate such an offense, if the offense--
                  ``(A) involves the manufacture, importation, sale, or 
                distribution of a controlled substance (as that term is 
                defined for purposes of the controlled substances act), 
                or any other conduct described in section 1451;
                  ``(B) would be punishable within the jurisdiction of 
                the foreign nation by death or imprisonment for a term 
                exceeding one year; and
                  ``(C) would be punishable under the laws of the 
                United States by imprisonment for a term exceeding one 
                year, if the conduct constituting the offense had 
                occurred within the jurisdiction of the United States.
          ``(3) A violation of--
                  ``(A) section 654 (relating to Federal program 
                fraud);
                  ``(B) section 772 (relating to fraud and false 
                statements);
                  ``(C) section 788 (relating to major fraud against 
                the United States);
                  ``(D) section 789 (relating to concealment of assets 
                from conservator or receiver of insured financial 
                institution);
                  ``(E) section 801 (relating to mail fraud); or
                  ``(F) section 803 (relating to wire fraud),
        if such violation relates to the sale of assets acquired or 
        held by the Resolution Trust Corporation, the Federal Deposit 
        Insurance Corporation, as conservator or receiver for a 
        financial institution, or any other conservator for a financial 
        institution appointed by the Office of the Comptroller of the 
        Currency or the Office of Thrift Supervision or the National 
        Credit Union Administration, as conservator or liquidating 
        agent for a financial institution.
          ``(4) A violation of--
                  ``(A) section 718 (altering or removing motor vehicle 
                identification numbers);
                  ``(B) section 866 (importing or exporting stolen 
                motor vehicles);
                  ``(C) section 671 (transporting stolen motor vehicles 
                in interstate commerce); or
                  ``(D) section 672 (possessing or selling a stolen 
                motor vehicle that has moved in interstate commerce).
          ``(5) Any act of domestic or international terrorism (as 
        defined in section 283) against the United States, citizens or 
        residents of the United States, or their property, against any 
        international organization as defined in the State Department 
        Basic Authorites Act of 1956, or against any foreign 
        government.
          ``(6) A violation of section 280.
          ``(7) A violation of 506 of title 17, or section 675, 676, 
        678, 679, 680, or subcahpter C of chapter 35.
  ``(c) Application to Other Civil Forfeitures.--Unless otherwise 
specified, whenever a law of the United States provides for civil 
forfeiture, this subchapter shall apply to that forfeiture.

``Sec. 2552. Procedure generally

  ``(a) Seizure and Preliminary Matters.--
          ``(1) Except as provided in section 2555, any property 
        subject to forfeiture to the United States under section 2551 
        may be seized by the Attorney General and, in the case of 
        property involved in a violation investigated by the Secretary 
        of the Treasury or the United States Postal Service, the 
        property may also be seized by the Secretary of the Treasury or 
        the Postal Service, respectively.
          ``(2) Seizures under this section shall be made pursuant to a 
        warrant obtained in the same manner as provided for a search 
        warrant under the Federal Rules of Criminal Procedure, except 
        that a seizure may be made without a warrant if--
          ``(A) a complaint for forfeiture has been filed in the United 
        States district court and the court issued an arrest warrant in 
        rem pursuant to the Supplemental Rules for Certain Admiralty 
        and Maritime Claims;
          ``(B) there is probable cause to believe that the property is 
        subject to forfeiture and--
                  ``(i) the seizure is made pursuant to a lawful arrest 
                or search; or
                  ``(ii) another exception to the Fourth Amendment 
                warrant requirement would apply; or
          ``(C) the property was lawfully seized by a State or local 
        law enforcement agency and transferred to a Federal agency.
          ``(3) Notwithstanding rule 41(a) of the Federal Rules of 
        Criminal Procedure, a seizure warrant may be issued pursuant to 
        this subsection by a judicial officer in any district in which 
        a forfeiture action against the property may be filed under 
        section 1355(b) of title 28, and may be executed in any 
        district in which the property is found, or transmitted to the 
        central authority of any foreign state for service in 
        accordance with any treaty or other international agreement. 
        Any motion for the return of property seized under this section 
        shall be filed in the district court in which the seizure 
        warrant was issued or in the district court for the district in 
        which the property was seized.
          ``(4)(A) If any person is arrested or charged in a foreign 
        country in connection with an offense that would give rise to 
        the forfeiture of property in the United States under this 
        section or under the Controlled Substances Act, the Attorney 
        General may apply to any Federal judge or magistrate judge in 
        the district in which the property is located for an ex parte 
        order restraining the property subject to forfeiture for not 
        more than 30 days, except that the time may be extended for 
        good cause shown at a hearing conducted in the manner provided 
        in rule 43(e) of the Federal Rules of Civil Procedure.
          ``(B) The application for the restraining order shall set 
        forth the nature and circumstances of the foreign charges and 
        the basis for belief that the person arrested or charged has 
        property in the United States that would be subject to 
        forfeiture, and shall contain a statement that the restraining 
        order is needed to preserve the availability of property for 
        such time as is necessary to receive evidence from the foreign 
        country or elsewhere in support of probable cause for the 
        seizure of the property under this subsection.
  ``(b) Securing of Property.--Property taken or detained under this 
section shall not be repleviable, but shall be deemed to be in the 
custody of the Attorney General, the Secretary of the Treasury, or the 
Postal Service, as the case may be, subject only to the orders and 
decrees of the court or the official having jurisdiction thereof. 
Whenever property is seized under this subsection, the Attorney 
General, the Secretary of the Treasury, or the Postal Service, as the 
case may be, may--
          ``(1) place the property under seal;
          ``(2) remove the property to a place designated by him; or
          ``(3) require that the General Services Administration take 
        custody of the property and remove it, if practicable, to an 
        appropriate location for disposition in accordance with law.
  ``(c) Application of Customs Laws.--For purposes of this section, the 
provisions of the customs laws relating to the seizure, summary and 
judicial forfeiture, condemnation of property for violation of the 
customs laws, the disposition of such property or the proceeds from the 
sale of such property under this section, the remission or mitigation 
of such forfeitures, and the compromise of claims (19 U.S.C. 1602 et 
seq.), insofar as they are applicable and not inconsistent with the 
provisions of this section, shall apply to seizures and forfeitures 
incurred, or alleged to have been incurred, under this section, except 
that such duties as are imposed upon the customs officer or any other 
person with respect to the seizure and forfeiture of property under the 
customs laws shall be performed with respect to seizures and 
forfeitures of property under this section by such officers, agents, or 
other persons as may be authorized or designated for that purpose by 
the Attorney General, the Secretary of the Treasury, or the Postal 
Service, as the case may be. The Attorney General shall have sole 
responsibility for disposing of petitions for remission or mitigation 
with respect to property involved in a judicial forfeiture proceeding.
  ``(d) Retention or Transfer of Forfeited Property.--Notwithstanding 
any other provision of the law, except section 3 of the Anti Drug Abuse 
Act of 1986, the Attorney General, the Secretary of the Treasury, or 
the Postal Service, as the case may be, is authorized to retain 
property forfeited pursuant to this section, or to transfer such 
property on such terms and conditions as the Attorney General may 
determine--
          ``(1) to any other Federal agency;
          ``(2) to any State or local law enforcement agency which 
        participated directly in any of the acts which led to the 
        seizure or forfeiture of the property;
          ``(3) in the case of property referred to in subsection 
        (a)(1)(C), to any Federal financial institution regulatory 
        agency--
                  ``(A) to reimburse the agency for payments to 
                claimants or creditors of the institution; and
                  ``(B) to reimburse the insurance fund of the agency 
                for losses suffered by the fund as a result of the 
                receivership or liquidation;
          ``(4) in the case of property referred to in subsection 
        (a)(1)(C), upon the order of the appropriate Federal financial 
        institution regulatory agency, to the financial institution as 
        restitution, with the value of the property so transferred to 
        be set off against any amount later recovered by the financial 
        institution as compensatory damages in any State or Federal 
        proceeding;
          ``(5) in the case of property referred to in subsection 
        (a)(1)(C), to any Federal financial institution regulatory 
        agency, to the extent of the agency's contribution of resources 
        to, or expenses involved in, the seizure and forfeiture, and 
        the investigation leading directly to the seizure and 
        forfeiture, of such property;
          ``(6) as restoration to any victim of the offense giving rise 
        to the forfeiture, including, in the case of a money laundering 
        offense, any offense constituting the underlying specified 
        unlawful activity; or
          ``(7) In the case of property referred to in subsection 
        (a)(1)(D), to the Resolution Trust Corporation, the Federal 
        Deposit Insurance Corporation, or any other Federal financial 
        institution regulatory agency (as defined in section 8(e)(7)(D) 
        of the Federal Deposit Insurance Act).
The Attorney General, the Secretary of the Treasury, or the Postal 
Service, as the case may be, shall ensure the equitable transfer 
pursuant to paragraph (2) of any forfeited property to the appropriate 
State or local law enforcement agency so as to reflect generally the 
contribution of any such agency participating directly in any of the 
acts which led to the seizure or forfeiture of such property. A 
decision by the Attorney General, the Secretary of the Treasury, or the 
Postal Service pursuant to paragraph (2) shall not be subject to 
review. The United States shall not be liable in any action arising out 
of the use of any property the custody of which was transferred 
pursuant to this section to any non-Federal agency. The Attorney 
General, the Secretary of the Treasury, or the Postal Service may order 
the discontinuance of any forfeiture proceedings under this section in 
favor of the institution of forfeiture proceedings by State or local 
authorities under an appropriate State or local statute. After the 
filing of a complaint for forfeiture under this section, the Attorney 
General may seek dismissal of the complaint in favor of forfeiture 
proceedings under State or local law. Whenever forfeiture proceedings 
are discontinued by the United States in favor of State or local 
proceedings, the United States may transfer custody and possession of 
the seized property to the appropriate State or local official 
immediately upon the initiation of the proper actions by such 
officials. Whenever forfeiture proceedings are discontinued by the 
United States in favor of State or local proceedings, notice shall be 
sent to all known interested parties advising them of the 
discontinuance or dismissal. The United States shall not be liable in 
any action arising out of the seizure, detention, and transfer of 
seized property to State or local officials. The United States shall 
not be liable in any action arising out of a transfer under paragraph 
(3), (4), or (5) of this subsection.
  ``(e) Stays.--
          ``(1) Upon the motion of the United States, the court shall 
        stay the civil forfeiture proceeding if the court determines 
        that civil discovery will adversely affect the ability of the 
        Government to conduct a related criminal investigation or the 
        prosecution of a related criminal case.
          ``(2) Upon the motion of a claimant, the court shall stay the 
        civil forfeiture proceeding with respect to that claimant if 
        the court determines that--
                  ``(A) the claimant is the subject of a related 
                criminal investigation or case;
                  ``(B) the claimant has standing to assert a claim in 
                the civil forfeiture proceeding; and
                  ``(C) continuation of the forfeiture proceeding will 
                burden the right of the claimant against self-
                incrimination in the related investigation or case.
          ``(3) With respect to the impact of civil discovery described 
        in paragraphs (1) and (2), the court may determine that a stay 
        is unnecessary if a protective order limiting discovery would 
        protect the interest of one party without unfairly limiting the 
        ability of the opposing party to pursue the civil case. In no 
        case, however, shall the court impose a protective order as an 
        alternative to a stay if the effect of such protective order 
        would be to allow one party to pursue discovery while the other 
        party is substantially unable to do so.
          ``(4) In this subsection, the terms `related criminal case' 
        and `related criminal investigation' mean an actual prosecution 
        or investigation in progress at the time at which the request 
        for the stay, or any subsequent motion to lift the stay is 
        made. In determining whether a criminal case or investigation 
        is `related' to a civil forfeiture proceeding, the court shall 
        consider the degree of similarity between the parties, 
        witnesses, facts, and circumstances involved in the two 
        proceedings, without requiring an identity with respect to any 
        one or more factors.
          ``(5) In requesting a stay under paragraph (1), the 
        Government may, in appropriate cases, submit evidence ex parte 
        in order to avoid disclosing any matter that may adversely 
        affect an ongoing criminal investigation or pending criminal 
        trial.
          ``(6) Whenever a civil forfeiture proceeding is stayed 
        pursuant to this subsection, the court shall enter any order 
        necessary to preserve the value of the property or to protect 
        the rights of lienholders or other persons with an interest in 
        the property while the stay is in effect.
          ``(7) A determination by the court that the claimant has 
        standing to request a stay pursuant to paragraph (2) shall 
        apply only to this subsection and shall not preclude the 
        Government from objecting to the standing of the claimant by 
        dispositive motion or at the time of trial.
  ``(f) Venue.--In addition to the venue provided for in section 1395 
of title 28 or any other provision of law, in the case of property of a 
defendant charged with a violation that is the basis for forfeiture of 
the property under this section, a proceeding for forfeiture under this 
section may be brought in the judicial district in which the defendant 
owning such property is found or in the judicial district in which the 
criminal prosecution is brought.
  ``(g) Disposition.--
          ``(1) Whenever property is civilly or criminally forfeited 
        under this subchapter, the Attorney General or the Secretary of 
        the Treasury, as the case may be, may transfer the forfeited 
        personal property or the proceeds of the sale of any forfeited 
        personal or real property to any foreign country which 
        participated directly or indirectly in the seizure or 
        forfeiture of the property, if such a transfer--
                  ``(A) has been agreed to by the Secretary of State;
                  ``(B) is authorized in an international agreement 
                between the United States and the foreign country; and
                  ``(C) is made to a country which, if applicable, has 
                been certified under section 481(h) of the Foreign 
                Assistance Act of 1961.
        A decision by the Attorney General or the Secretary of the 
        Treasury pursuant to this paragraph shall not be subject to 
        review. The foreign country shall, in the event of a transfer 
        of property or proceeds of sale of property under this 
        subsection, bear all expenses incurred by the United States in 
        the seizure, maintenance, inventory, storage, forfeiture, and 
        disposition of the property, and all transfer costs. The 
        payment of all such expenses, and the transfer of assets 
        pursuant to this paragraph, shall be upon such terms and 
        conditions as the Attorney General or the Secretary of the 
        Treasury may, in his discretion, set.
          ``(2) This section does not limit or supersede any other 
        authority of the United States to provide assistance to a 
        foreign country in obtaining property related to a crime 
        committed in the foreign country, including property which is 
        sought as evidence of a crime committed in the foreign country.
          ``(3) A certified order or judgment of forfeiture by a court 
        of competent jurisdiction of a foreign country concerning 
        property which is the subject of forfeiture under this section 
        and was determined by such court to be the type of property 
        described in subsection (a)(1)(B) of this section, and any 
        certified recordings or transcripts of testimony taken in a 
        foreign judicial proceeding concerning such order or judgment 
        of forfeiture, shall be admissible in evidence in a proceeding 
        brought pursuant to this section. Such certified order or 
        judgment of forfeiture, when admitted into evidence, shall 
        constitute probable cause that the property forfeited by such 
        order or judgment of forfeiture is subject to forfeiture under 
        this section and creates a rebuttable presumption of the 
        forfeitability of such property under this section.
          ``(4) A certified order or judgment of conviction by a court 
        of competent jurisdiction of a foreign country concerning an 
        unlawful drug activity which gives rise to forfeiture under 
        this section and any certified recordings or transcripts of 
        testimony taken in a foreign judicial proceeding concerning 
        such order or judgment of conviction shall be admissible in 
        evidence in a proceeding brought pursuant to this section. Such 
        certified order or judgment of conviction, when admitted into 
        evidence, creates a rebuttable presumption that the unlawful 
        drug activity giving rise to forfeiture under this section has 
        occurred.
          ``(5) Paragraphs (3) and (4) do not limit the admissibility 
        of any evidence otherwise admissible, or the ability of the 
        United States to establish probable cause that property is 
        subject to forfeiture by any evidence otherwise admissible.
  ``(h) Definitions.--As used in this section--
          ``(1) the term `Attorney General' means the Attorney General 
        or his delegate; and
          ``(2) the term `Secretary of the Treasury' means the 
        Secretary of the Treasury or his delegate.
  ``(i) Interbank Accounts.--
          ``(1) In general.--
                  ``(A) In general.--For the purpose of a forfeiture 
                under this section or under the Controlled Substances 
                Act (21 U.S.C. 801 et seq.), if funds are deposited 
                into an account at a foreign financial institution, and 
                that foreign financial institution has an interbank 
                account in the United States with a covered financial 
                institution (as defined in section 5318(j)(1) of title 
                31), the funds shall be deemed to have been deposited 
                into the interbank account in the United States, and 
                any restraining order, seizure warrant, or arrest 
                warrant in rem regarding the funds may be served on the 
                covered financial institution, and funds in the 
                interbank account, up to the value of the funds 
                deposited into the account at the foreign financial 
                institution, may be restrained, seized, or arrested.
                  ``(B) Authority to suspend.--The Attorney General, in 
                consultation with the Secretary of the Treasury, may 
                suspend or terminate a forfeiture under this section if 
                the Attorney General determines that a conflict of law 
                exists between the laws of the jurisdiction in which 
                the foreign financial institution is located and the 
                laws of the United States with respect to liabilities 
                arising from the restraint, seizure, or arrest of such 
                funds, and that such suspension or termination would be 
                in the interest of justice and would not harm the 
                national interests of the United States.
          ``(2) No requirement for Government to trace funds.--If a 
        forfeiture action is brought against funds that are restrained, 
        seized, or arrested under paragraph (1), it shall not be 
        necessary for the Government to establish that the funds are 
        directly traceable to the funds that were deposited into the 
        foreign financial institution, nor shall it be necessary for 
        the Government to rely on the application of section 2554.
          ``(3) Claims brought by owner of the funds.--If a forfeiture 
        action is instituted against funds restrained, seized, or 
        arrested under paragraph (1), the owner of the funds deposited 
        into the account at the foreign financial institution may 
        contest the forfeiture by filing a claim under section 2553.
          ``(4) Definitions.--For purposes of this subsection, the 
        following definitions shall apply:
                  ``(A) Interbank account.--The term `interbank 
                account' has the same meaning as in section 
                2554(c)(2)(B).
                  ``(B) Owner.--
                          ``(i) In general.--Except as provided in 
                        clause (ii), the term `owner'--
                                  ``(I) means the person who was the 
                                owner, as that term is defined in 
                                section 2553(d)(6), of the funds that 
                                were deposited into the foreign 
                                financial institution at the time such 
                                funds were deposited; and
                                  ``(II) does not include either the 
                                foreign financial institution or any 
                                financial institution acting as an 
                                intermediary in the transfer of the 
                                funds into the interbank account.
                          ``(ii) Exception.--The foreign financial 
                        institution may be considered the `owner' of 
                        the funds (and no other person shall qualify as 
                        the owner of such funds) only if--
                                  ``(I) the basis for the forfeiture 
                                action is wrongdoing committed by the 
                                foreign financial institution; or
                                  ``(II) the foreign financial 
                                institution establishes, by a 
                                preponderance of the evidence, that 
                                prior to the restraint, seizure, or 
                                arrest of the funds, the foreign 
                                financial institution had discharged 
                                all or part of its obligation to the 
                                prior owner of the funds, in which case 
                                the foreign financial institution shall 
                                be deemed the owner of the funds to the 
                                extent of such discharged obligation.
                  ``(C) Foreign financial institution.--The term 
                `foreign financial institution' includes a foreign bank 
                as defined in section 1(b)(7) of the International 
                Banking Act of 1978.

``Sec. 2553. General rules for civil forfeiture proceedings

  ``(a) Notice; Claim; Complaint.--
          ``(1)(A)(i) Except as provided in clauses (ii) through (v), 
        in any nonjudicial civil forfeiture proceeding under a civil 
        forfeiture statute, with respect to which the Government is 
        required to send written notice to interested parties, such 
        notice shall be sent in a manner to achieve proper notice as 
        soon as practicable, and in no case more than 60 days after the 
        date of the seizure.
          ``(ii) No notice is required if, before the 60-day period 
        expires, the Government files a civil judicial forfeiture 
        action against the property and provides notice of that action 
        as required by law.
          ``(iii) If, before the 60-day period expires, the Government 
        does not file a civil judicial forfeiture action, but does 
        obtain a criminal indictment containing an allegation that the 
        property is subject to forfeiture, the Government shall 
        either--
                  ``(I) send notice within the 60 days and continue the 
                nonjudicial civil forfeiture proceeding under this 
                section; or
                  ``(II) terminate the nonjudicial civil forfeiture 
                proceeding, and take the steps necessary to preserve 
                its right to maintain custody of the property as 
                provided in the applicable criminal forfeiture statute.
          ``(iv) In a case in which the property is seized by a State 
        or local law enforcement agency and turned over to a Federal 
        law enforcement agency for the purpose of forfeiture under 
        Federal law, notice shall be sent not more than 90 days after 
        the date of seizure by the State or local law enforcement 
        agency.
          ``(v) If the identity or interest of a party is not 
        determined until after the seizure or turnover but is 
        determined before a declaration of forfeiture is entered, 
        notice shall be sent to such interested party not later than 60 
        days after the determination by the Government of the identity 
        of the party or the party's interest.
          ``(B) A supervisory official in the headquarters office of 
        the seizing agency may extend the period for sending notice 
        under subparagraph (A) for a period not to exceed 30 days 
        (which period may not be further extended except by a court), 
        if the official determines that the conditions in subparagraph 
        (D) are present.
          ``(C) Upon motion by the Government, a court may extend the 
        period for sending notice under subparagraph (A) for a period 
        not to exceed 60 days, which period may be further extended by 
        the court for 60-day periods, as necessary, if the court 
        determines, based on a written certification of a supervisory 
        official in the headquarters office of the seizing agency, that 
        the conditions in subparagraph (D) are present.
          ``(D) The period for sending notice under this paragraph may 
        be extended only if there is reason to believe that notice may 
        have an adverse result, including--
                  ``(i) endangering the life or physical safety of an 
                individual;
                  ``(ii) flight from prosecution;
                  ``(iii) destruction of or tampering with evidence;
                  ``(iv) intimidation of potential witnesses; or
                  ``(v) otherwise seriously jeopardizing an 
                investigation or unduly delaying a trial.
          ``(E) Each of the Federal seizing agencies conducting 
        nonjudicial forfeitures under this section shall report 
        periodically to the Committees on the Judiciary of the House of 
        Representatives and the Senate the number of occasions when an 
        extension of time is granted under subparagraph (B).
          ``(F) If the Government does not send notice of a seizure of 
        property in accordance with subparagraph (A) to the person from 
        whom the property was seized, and no extension of time is 
        granted, the Government shall return the property to that 
        person without prejudice to the right of the Government to 
        commence a forfeiture proceeding at a later time. The 
        Government shall not be required to return contraband or other 
        property that the person from whom the property was seized may 
        not legally possess.
          ``(2)(A) Any person claiming property seized in a nonjudicial 
        civil forfeiture proceeding under a civil forfeiture statute 
        may file a claim with the appropriate official after the 
        seizure.
          ``(B) A claim under subparagraph (A) may be filed not later 
        than the deadline set forth in a personal notice letter (which 
        deadline may be not earlier than 35 days after the date the 
        letter is mailed), except that if that letter is not received, 
        then a claim may be filed not later than 30 days after the date 
        of final publication of notice of seizure.
          ``(C) A claim shall--
                  ``(i) identify the specific property being claimed;
                  ``(ii) state the claimant's interest in such 
                property; and
                  ``(iii) be made under oath, subject to penalty of 
                perjury.
          ``(D) A claim need not be made in any particular form. Each 
        Federal agency conducting nonjudicial forfeitures under this 
        section shall make claim forms generally available on request, 
        which forms shall be written in easily understandable language.
          ``(E) Any person may make a claim under subparagraph (A) 
        without posting bond with respect to the property which is the 
        subject of the claim.
          ``(3)(A) Not later than 90 days after a claim has been filed, 
        the Government shall file a complaint for forfeiture in the 
        manner set forth in the Supplemental Rules for Certain 
        Admiralty and Maritime Claims or return the property pending 
        the filing of a complaint, except that a court in the district 
        in which the complaint will be filed may extend the period for 
        filing a complaint for good cause shown or upon agreement of 
        the parties.
          ``(B) If the Government does not--
                  ``(i) file a complaint for forfeiture or return the 
                property, in accordance with subparagraph (A); or
                  ``(ii) before the time for filing a complaint has 
                expired--
                          ``(I) obtain a criminal indictment containing 
                        an allegation that the property is subject to 
                        forfeiture; and
                          ``(II) take the steps necessary to preserve 
                        its right to maintain custody of the property 
                        as provided in the applicable criminal 
                        forfeiture statute,
        the Government shall promptly release the property pursuant to 
        regulations promulgated by the Attorney General, and may not 
        take any further action to effect the civil forfeiture of such 
        property in connection with the underlying offense.
          ``(C) In lieu of, or in addition to, filing a civil 
        forfeiture complaint, the Government may include a forfeiture 
        allegation in a criminal indictment. If criminal forfeiture is 
        the only forfeiture proceeding commenced by the Government, the 
        Government's right to continued possession of the property 
        shall be governed by the applicable criminal forfeiture 
        statute.
          ``(D) No complaint may be dismissed on the ground that the 
        Government did not have adequate evidence at the time the 
        complaint was filed to establish the forfeitability of the 
        property.
          ``(4)(A) In any case in which the Government files in the 
        appropriate United States district court a complaint for 
        forfeiture of property, any person claiming an interest in the 
        seized property may file a claim asserting such person's 
        interest in the property in the manner set forth in the 
        Supplemental Rules for Certain Admiralty and Maritime Claims, 
        except that such claim may be filed not later than 30 days 
        after the date of service of the Government's complaint or, as 
        applicable, not later than 30 days after the date of final 
        publication of notice of the filing of the complaint.
          ``(B) A person asserting an interest in seized property, in 
        accordance with subparagraph (A), shall file an answer to the 
        Government's complaint for forfeiture not later than 20 days 
        after the date of the filing of the claim.
  ``(b) Representation.--
          ``(1)(A) If a person with standing to contest the forfeiture 
        of property in a judicial civil forfeiture proceeding under a 
        civil forfeiture statute is financially unable to obtain 
        representation by counsel, and the person is represented by 
        counsel appointed under section 3006A of this title in 
        connection with a related criminal case, the court may 
        authorize counsel to represent that person with respect to the 
        claim.
          ``(B) In determining whether to authorize counsel to 
        represent a person under subparagraph (A), the court shall take 
        into account such factors as--
                  ``(i) the person's standing to contest the 
                forfeiture; and
                  ``(ii) whether the claim appears to be made in good 
                faith.
          ``(2)(A) If a person with standing to contest the forfeiture 
        of property in a judicial civil forfeiture proceeding under a 
        civil forfeiture statute is financially unable to obtain 
        representation by counsel, and the property subject to 
        forfeiture is real property that is being used by the person as 
        a primary residence, the court, at the request of the person, 
        shall insure that the person is represented by an attorney for 
        the Legal Services Corporation with respect to the claim.
          ``(B)(i) At appropriate times during a representation under 
        subparagraph (A), the Legal Services Corporation shall submit a 
        statement of reasonable attorney fees and costs to the court.
          ``(ii) The court shall enter a judgment in favor of the Legal 
        Services Corporation for reasonable attorney fees and costs 
        submitted pursuant to clause (i) and treat such judgment as 
        payable under section 2465 of title 28, regardless of the 
        outcome of the case.
          ``(3) The court shall set the compensation for representation 
        under this subsection, which shall be equivalent to that 
        provided for court-appointed representation under section 3006A 
        of this title.
  ``(c) Burden of Proof.--In a suit or action brought under any civil 
forfeiture statute for the civil forfeiture of any property--
          ``(1) the burden of proof is on the Government to establish, 
        by a preponderance of the evidence, that the property is 
        subject to forfeiture;
          ``(2) the Government may use evidence gathered after the 
        filing of a complaint for forfeiture to establish, by a 
        preponderance of the evidence, that property is subject to 
        forfeiture; and
          ``(3) if the Government's theory of forfeiture is that the 
        property was used to commit or facilitate the commission of a 
        criminal offense, or was involved in the commission of a 
        criminal offense, the Government shall establish that there was 
        a substantial connection between the property and the offense.
  ``(d) Innocent Owner Defense.--
          ``(1) An innocent owner's interest in property shall not be 
        forfeited under any civil forfeiture statute. The claimant 
        shall have the burden of proving that the claimant is an 
        innocent owner by a preponderance of the evidence.
          ``(2)(A) With respect to a property interest in existence at 
        the time the illegal conduct giving rise to forfeiture took 
        place, the term `innocent owner' means an owner who--
                  ``(i) did not know of the conduct giving rise to 
                forfeiture; or
                  ``(ii) upon learning of the conduct giving rise to 
                the forfeiture, did all that reasonably could be 
                expected under the circumstances to terminate such use 
                of the property.
          ``(B)(i) For the purposes of this paragraph, ways in which a 
        person may show that such person did all that reasonably could 
        be expected may include demonstrating that such person, to the 
        extent permitted by law--
                  ``(I) gave timely notice to an appropriate law 
                enforcement agency of information that led the person 
                to know the conduct giving rise to a forfeiture would 
                occur or has occurred; and
                  ``(II) in a timely fashion revoked or made a good 
                faith attempt to revoke permission for those engaging 
                in such conduct to use the property or took reasonable 
                actions in consultation with a law enforcement agency 
                to discourage or prevent the illegal use of the 
                property.
          ``(ii) A person is not required by this subparagraph to take 
        steps that the person reasonably believes would be likely to 
        subject any person (other than the person whose conduct gave 
        rise to the forfeiture) to physical danger.
          ``(3)(A) With respect to a property interest acquired after 
        the conduct giving rise to the forfeiture has taken place, the 
        term `innocent owner' means a person who, at the time that 
        person acquired the interest in the property--
                  ``(i) was a bona fide purchaser or seller for value 
                (including a purchaser or seller of goods or services 
                for value); and
                  ``(ii) did not know and was reasonably without cause 
                to believe that the property was subject to forfeiture.
          ``(B) An otherwise valid claim under subparagraph (A) shall 
        not be denied on the ground that the claimant gave nothing of 
        value in exchange for the property if--
                  ``(i) the property is the primary residence of the 
                claimant;
                  ``(ii) depriving the claimant of the property would 
                deprive the claimant of the means to maintain 
                reasonable shelter in the community for the claimant 
                and all dependents residing with the claimant;
                  ``(iii) the property is not, and is not traceable to, 
                the proceeds of any criminal offense; and
                  ``(iv) the claimant acquired his or her interest in 
                the property through marriage, divorce, or legal 
                separation, or the claimant was the spouse or legal 
                dependent of a person whose death resulted in the 
                transfer of the property to the claimant through 
                inheritance or probate,
        except that the court shall limit the value of any real 
        property interest for which innocent ownership is recognized 
        under this subparagraph to the value necessary to maintain 
        reasonable shelter in the community for such claimant and all 
        dependents residing with the claimant.
          ``(4) Notwithstanding any provision of this subsection, no 
        person may assert an ownership interest under this subsection 
        in contraband or other property that it is illegal to possess.
          ``(5) If the court determines, in accordance with this 
        section, that an innocent owner has a partial interest in 
        property otherwise subject to forfeiture, or a joint tenancy or 
        tenancy by the entirety in such property, the court may enter 
        an appropriate order--
                  ``(A) severing the property;
                  ``(B) transferring the property to the Government 
                with a provision that the Government compensate the 
                innocent owner to the extent of his or her ownership 
                interest once a final order of forfeiture has been 
                entered and the property has been reduced to liquid 
                assets; or
                  ``(C) permitting the innocent owner to retain the 
                property subject to a lien in favor of the Government 
                to the extent of the forfeitable interest in the 
                property.
          ``(6) In this subsection, the term `owner'--
                  ``(A) means a person with an ownership interest in 
                the specific property sought to be forfeited, including 
                a leasehold, lien, mortgage, recorded security 
                interest, or valid assignment of an ownership interest; 
                and
                  ``(B) does not include--
                          ``(i) a person with only a general unsecured 
                        interest in, or claim against, the property or 
                        estate of another;
                          ``(ii) a bailee unless the bailor is 
                        identified and the bailee shows a colorable 
                        legitimate interest in the property seized; or
                          ``(iii) a nominee who exercises no dominion 
                        or control over the property.
  ``(e) Motion To Set Aside Forfeiture.--
          ``(1) Any person entitled to written notice in any 
        nonjudicial civil forfeiture proceeding under a civil 
        forfeiture statute who does not receive such notice may file a 
        motion to set aside a declaration of forfeiture with respect to 
        that person's interest in the property, which motion shall be 
        granted if--
                  ``(A) the Government knew, or reasonably should have 
                known, of the moving party's interest and failed to 
                take reasonable steps to provide such party with 
                notice; and
                  ``(B) the moving party did not know or have reason to 
                know of the seizure within sufficient time to file a 
                timely claim.
          ``(2)(A) Notwithstanding the expiration of any applicable 
        statute of limitations, if the court grants a motion under 
        paragraph (1), the court shall set aside the declaration of 
        forfeiture as to the interest of the moving party without 
        prejudice to the right of the Government to commence a 
        subsequent forfeiture proceeding as to the interest of the 
        moving party.
          ``(B) Any proceeding described in subparagraph (A) shall be 
        commenced--
                  ``(i) if nonjudicial, within 60 days of the entry of 
                the order granting the motion; or
                  ``(ii) if judicial, within 6 months of the entry of 
                the order granting the motion.
          ``(3) A motion under paragraph (1) may be filed not later 
        than 5 years after the date of final publication of notice of 
        seizure of the property.
          ``(4) If, at the time a motion made under paragraph (1) is 
        granted, the forfeited property has been disposed of by the 
        Government in accordance with law, the Government may institute 
        proceedings against a substitute sum of money equal to the 
        value of the moving party's interest in the property at the 
        time the property was disposed of.
          ``(5) A motion filed under this subsection shall be the 
        exclusive remedy for seeking to set aside a declaration of 
        forfeiture under a civil forfeiture statute.
  ``(f) Release Of Seized Property.--
          ``(1) A claimant under subsection (a) is entitled to 
        immediate release of seized property if--
                  ``(A) the claimant has a possessory interest in the 
                property;
                  ``(B) the claimant has sufficient ties to the 
                community to provide assurance that the property will 
                be available at the time of the trial;
                  ``(C) the continued possession by the Government 
                pending the final disposition of forfeiture proceedings 
                will cause substantial hardship to the claimant, such 
                as preventing the functioning of a business, preventing 
                an individual from working, or leaving an individual 
                homeless;
                  ``(D) the claimant's likely hardship from the 
                continued possession by the Government of the seized 
                property outweighs the risk that the property will be 
                destroyed, damaged, lost, concealed, or transferred if 
                it is returned to the claimant during the pendency of 
                the proceeding; and
                  ``(E) none of the conditions set forth in paragraph 
                (8) applies.
          ``(2) A claimant seeking release of property under this 
        subsection must request possession of the property from the 
        appropriate official, and the request must set forth the basis 
        on which the requirements of paragraph (1) are met.
          ``(3)(A) If not later than 15 days after the date of a 
        request under paragraph (2) the property has not been released, 
        the claimant may file a petition in the district court in which 
        the complaint has been filed or, if no complaint has been 
        filed, in the district court in which the seizure warrant was 
        issued or in the district court for the district in which the 
        property was seized.
          ``(B) The petition described in subparagraph (A) shall set 
        forth--
                  ``(i) the basis on which the requirements of 
                paragraph (1) are met; and
                  ``(ii) the steps the claimant has taken to secure 
                release of the property from the appropriate official.
          ``(4) If the Government establishes that the claimant's claim 
        is frivolous, the court shall deny the petition. In responding 
        to a petition under this subsection on other grounds, the 
        Government may in appropriate cases submit evidence ex parte in 
        order to avoid disclosing any matter that may adversely affect 
        an ongoing criminal investigation or pending criminal trial.
          ``(5) The court shall render a decision on a petition filed 
        under paragraph (3) not later than 30 days after the date of 
        the filing, unless such 30-day limitation is extended by 
        consent of the parties or by the court for good cause shown.
          ``(6) If--
                  ``(A) a petition is filed under paragraph (3); and
                  ``(B) the claimant demonstrates that the requirements 
                of paragraph (1) have been met,
        the district court shall order that the property be returned to 
        the claimant, pending completion of proceedings by the 
        Government to obtain forfeiture of the property.
          ``(7) If the court grants a petition under paragraph (3)--
                  ``(A) the court may enter any order necessary to 
                ensure that the value of the property is maintained 
                while the forfeiture action is pending, including--
                          ``(i) permitting the inspection, 
                        photographing, and inventory of the property;
                          ``(ii) fixing a bond in accordance with rule 
                        E(5) of the Supplemental Rules for Certain 
                        Admiralty and Maritime Claims; and
                          ``(iii) requiring the claimant to obtain or 
                        maintain insurance on the subject property; and
                  ``(B) the Government may place a lien against the 
                property or file a lis pendens to ensure that the 
                property is not transferred to another person.
          ``(8) This subsection shall not apply if the seized 
        property--
                  ``(A) is contraband, currency, or other monetary 
                instrument, or electronic funds unless such currency or 
                other monetary instrument or electronic funds 
                constitutes the assets of a legitimate business which 
                has been seized;
                  ``(B) is to be used as evidence of a violation of the 
                law;
                  ``(C) by reason of design or other characteristic, is 
                particularly suited for use in illegal activities; or
                  ``(D) is likely to be used to commit additional 
                criminal acts if returned to the claimant.
  ``(g) Proportionality.--
          ``(1) The claimant under subsection (a)(4) may petition the 
        court to determine whether the forfeiture was constitutionally 
        excessive.
          ``(2) In making this determination, the court shall compare 
        the forfeiture to the gravity of the offense giving rise to the 
        forfeiture.
          ``(3) The claimant shall have the burden of establishing that 
        the forfeiture is grossly disproportional by a preponderance of 
        the evidence at a hearing conducted by the court without a 
        jury.
          ``(4) If the court finds that the forfeiture is grossly 
        disproportional to the offense it shall reduce or eliminate the 
        forfeiture as necessary to avoid a violation of the Excessive 
        Fines Clause of the Eighth Amendment of the Constitution.
  ``(h) Civil Fine.--
          ``(1) In any civil forfeiture proceeding under a civil 
        forfeiture statute in which the Government prevails, if the 
        court finds that the claimant's assertion of an interest in the 
        property was frivolous, the court may impose a civil fine on 
        the claimant of an amount equal to 10 percent of the value of 
        the forfeited property, but in no event shall the fine be less 
        than $250 or greater than $5,000.
          ``(2) Any civil fine imposed under this subsection shall not 
        preclude the court from imposing sanctions under rule 11 of the 
        Federal Rules of Civil Procedure.
          ``(3) In addition to the limitations of section 1915 of title 
        28, in no event shall a prisoner file a claim under a civil 
        forfeiture statute or appeal a judgment in a civil action or 
        proceeding based on a civil forfeiture statute if the prisoner 
        has, on three or more prior occasions, while incarcerated or 
        detained in any facility, brought an action or appeal in a 
        court of the United States that was dismissed on the grounds 
        that it is frivolous or malicious, unless the prisoner shows 
        extraordinary and exceptional circumstances.
  ``(i) Civil Forfeiture Statute Defined.--In this section, the term 
`civil forfeiture statute'--
          ``(1) means any provision of Federal law providing for the 
        forfeiture of property other than as a sentence imposed upon 
        conviction of a criminal offense; and
          ``(2) does not include--
                  ``(A) the Tariff Act of 1930 or any other provision 
                of law codified in title 19;
                  ``(B) the Internal Revenue Code of 1986;
                  ``(C) the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 301 et seq.);
                  ``(D) the Trading with the Enemy Act (50 U.S.C. App. 
                1 et seq.) or the International Emergency Economic 
                Powers Act (IEEPA) (50 U.S.C. 1701 et seq.); or
                  ``(E) section 1 of title VI of the Act of June 15, 
                1917 (40 Stat. 233; 22 U.S.C. 401).
  ``(j) Restraining Orders; Protective Orders.--
          ``(1) Upon application of the United States, the court may 
        enter a restraining order or injunction, require the execution 
        of satisfactory performance bonds, create receiverships, 
        appoint conservators, custodians, appraisers, accountants, or 
        trustees, or take any other action to seize, secure, maintain, 
        or preserve the availability of property subject to civil 
        forfeiture--
                  ``(A) upon the filing of a civil forfeiture complaint 
                alleging that the property with respect to which the 
                order is sought is subject to civil forfeiture; or
                  ``(B) prior to the filing of such a complaint, if, 
                after notice to persons appearing to have an interest 
                in the property and opportunity for a hearing, the 
                court determines that--
                          ``(i) there is a substantial probability that 
                        the United States will prevail on the issue of 
                        forfeiture and that failure to enter the order 
                        will result in the property being destroyed, 
                        removed from the jurisdiction of the court, or 
                        otherwise made unavailable for forfeiture; and
                          ``(ii) the need to preserve the availability 
                        of the property through the entry of the 
                        requested order outweighs the hardship on any 
                        party against whom the order is to be entered.
          ``(2) An order entered pursuant to paragraph (1)(B) shall be 
        effective for not more than 90 days, unless extended by the 
        court for good cause shown, or unless a complaint described in 
        paragraph (1)(A) has been filed.
          ``(3) A temporary restraining order under this subsection may 
        be entered upon application of the United States without notice 
        or opportunity for a hearing when a complaint has not yet been 
        filed with respect to the property, if the United States 
        demonstrates that there is probable cause to believe that the 
        property with respect to which the order is sought is subject 
        to civil forfeiture and that provision of notice will 
        jeopardize the availability of the property for forfeiture. 
        Such a temporary order shall expire not more than 10 days after 
        the date on which it is entered, unless extended for good cause 
        shown or unless the party against whom it is entered consents 
        to an extension for a longer period. A hearing requested 
        concerning an order entered under this paragraph shall be held 
        at the earliest possible time and prior to the expiration of 
        the temporary order.
          ``(4) The court may receive and consider, at a hearing held 
        pursuant to this subsection, evidence and information that 
        would be inadmissible under the Federal Rules of Evidence.

``Sec. 2554. Civil forfeiture of fungible property

  ``(a) Generally.--
          ``(1) In any forfeiture action in rem in which the subject 
        property is cash, monetary instruments in bearer form, funds 
        deposited in an account in a financial institution or precious 
        metals--
                  ``(A) it shall not be necessary for the Government to 
                identify the specific property involved in the offense 
                that is the basis for the forfeiture; and
                  ``(B) it shall not be a defense that the property 
                involved in such an offense has been removed and 
                replaced by identical property.
  ``(2) Except as provided in subsection (b), any identical property 
found in the same place or account as the property involved in the 
offense that is the basis for the forfeiture shall be subject to 
forfeiture under this section.
  ``(b) Limitation.--No action pursuant to this section to forfeit 
property not traceable directly to the offense that is the basis for 
the forfeiture may be commenced more than 1 year from the date of the 
offense.
  ``(c) Exception.--
          ``(1) Subsection (a) does not apply to an action against 
        funds held by a financial institution in an interbank account 
        unless the account holder knowingly engaged in the offense that 
        is the basis for the forfeiture.
          ``(2) In this subsection--
                  ``(A) the term `financial institution' includes a 
                foreign bank (as defined in section 1(b)(7) of the 
                International Banking Act of 1978 (12 U.S.C. 
                3101(b)(7)); and
                  ``(B) the term `interbank account' means an account 
                held by one financial institution at another financial 
                institution primarily for the purpose of facilitating 
                customer transactions.
  ``(d) Disclaimer.--Nothing in this section limits the ability of the 
Government to forfeit property under any provision of law if the 
property involved in the offense giving rise to the forfeiture or 
property traceable thereto is available for forfeiture.

``Sec. 2555. Civil forfeiture of real property

  ``(a) Judicial Forfeitures.--Notwithstanding any other provision of 
law, all civil forfeitures of real property and interests in real 
property shall proceed as judicial forfeitures.
  ``(b) Preliminary Matters.--
          ``(1) Except as provided in this section--
                  ``(A) real property that is the subject of a civil 
                forfeiture action shall not be seized before entry of 
                an order of forfeiture; and
                  ``(B) the owners or occupants of the real property 
                shall not be evicted from, or otherwise deprived of the 
                use and enjoyment of, real property that is the subject 
                of a pending forfeiture action.
          ``(2) The filing of a lis pendens and the execution of a writ 
        of entry for the purpose of conducting an inspection and 
        inventory of the property shall not be considered a seizure 
        under this subsection.
  ``(c) Initiation.--
          ``(1) The Government shall initiate a civil forfeiture action 
        against real property by--
                  ``(A) filing a complaint for forfeiture;
                  ``(B) posting a notice of the complaint on the 
                property; and
                  ``(C) serving notice on the property owner, along 
                with a copy of the complaint.
          ``(2) If the property owner cannot be served with the notice 
        under paragraph (1) because the owner--
                  ``(A) is a fugitive;
                  ``(B) resides outside the United States and efforts 
                at service pursuant to rule 4 of the Federal Rules of 
                Civil Procedure are unavailing; or
                  ``(C) cannot be located despite the exercise of due 
                diligence,
        constructive service may be made in accordance with the laws of 
        the State in which the property is located.
          ``(3) If real property has been posted in accordance with 
        this subsection, it shall not be necessary for the court to 
        issue an arrest warrant in rem, or to take any other action to 
        establish in rem jurisdiction over the property.
  ``(d) Seizure Prior to Entry of Order.--
          ``(1) Real property may be seized prior to the entry of an 
        order of forfeiture if--
                  ``(A) the Government notifies the court that it 
                intends to seize the property before trial; and
                  ``(B) the court--
                          ``(i) issues a notice of application for 
                        warrant, causes the notice to be served on the 
                        property owner and posted on the property, and 
                        conducts a hearing in which the property owner 
                        has a meaningful opportunity to be heard; or
                          ``(ii) makes an ex parte determination that 
                        there is probable cause for the forfeiture and 
                        that there are exigent circumstances that 
                        permit the Government to seize the property 
                        without prior notice and an opportunity for the 
                        property owner to be heard.
          ``(2) For purposes of paragraph (1)(B)(ii), to establish 
        exigent circumstances, the Government shall show that less 
        restrictive measures such as a lis pendens, restraining order, 
        or bond would not suffice to protect the Government's interests 
        in preventing the sale, destruction, or continued unlawful use 
        of the real property.
  ``(e) Post-Seizure Hearing.--If the court authorizes a seizure of 
real property under subsection (d)(1)(B)(ii), it shall conduct a prompt 
post-seizure hearing during which the property owner shall have an 
opportunity to contest the basis for the seizure.
  ``(f) Application.--This section--
          ``(1) applies only to civil forfeitures of real property and 
        interests in real property;
          ``(2) does not apply to forfeitures of the proceeds of the 
        sale of such property or interests, or of money or other assets 
        intended to be used to acquire such property or interests; and
          ``(3) shall not affect the authority of the court to enter a 
        restraining order relating to real property.

``Sec. 2556. Subpoenas for bank records

  ``(a) In General.--At any time after the commencement of any action 
for forfeiture in rem brought by the United States under section 1451, 
1452, and 508 of this title, section 5322 or 5324 of title 31, or the 
Controlled Substances Act, any party may request the Clerk of the Court 
in the district in which the proceeding is pending to issue a subpoena 
duces tecum to any financial institution, as defined in section 5312(a) 
of title 31, to produce books, records and any other documents at any 
place designated by the requesting party. All parties to the proceeding 
shall be notified of the issuance of any such subpoena. The procedures 
and limitations set forth in section 2555 of this title shall apply to 
subpoenas issued under this section.
  ``(b) Service.--Service of a subpoena issued pursuant to this section 
shall be by certified mail. Records produced in response to such a 
subpoena may be produced in person or by mail, common carrier, or such 
other method as may be agreed upon by the party requesting the subpoena 
and the custodian of records. The party requesting the subpoena may 
require the custodian of records to submit an affidavit certifying the 
authenticity and completeness of the records and explaining the 
omission of any record called for in the subpoena.
  ``(c) Discovery.--Nothing in this section shall preclude any party 
from pursuing any form of discovery pursuant to the Federal Rules of 
Civil Procedure.
  ``(d) Access to Records in Bank Secrecy Jurisdictions.--
          ``(1) In general.--In any civil forfeiture case, or in any 
        ancillary proceeding in any criminal forfeiture case governed 
        by section 413(n) of the Controlled Substances Act (21 U.S.C. 
        853(n)), in which--
                  ``(A) financial records located in a foreign country 
                may be material--
                          ``(i) to any claim or to the ability of the 
                        Government to respond to such claim; or
                          ``(ii) in a civil forfeiture case, to the 
                        ability of the Government to establish the 
                        forfeitability of the property; and
                  ``(B) it is within the capacity of the claimant to 
                waive the claimant's rights under applicable financial 
                secrecy laws, or to obtain the records so that such 
                records can be made available notwithstanding such 
                secrecy laws,
        the refusal of the claimant to provide the records in response 
        to a discovery request or to take the action necessary 
        otherwise to make the records available shall be grounds for 
        judicial sanctions, up to and including dismissal of the claim 
        with prejudice.
          ``(2) Privilege.--This subsection shall not affect the right 
        of the claimant to refuse production on the basis of any 
        privilege guaranteed by the Constitution of the United States 
        or any other provision of Federal law.

``Sec. 2557.  Anti-terrorist forfeiture protection

  ``(a) Right To Contest.--An owner of property that is confiscated 
under any provision of law relating to the confiscation of assets of 
suspected international terrorists, may contest that confiscation by 
filing a claim in the manner set forth in the Federal Rules of Civil 
Procedure (Supplemental Rules for Certain Admiralty and Maritime 
Claims), and asserting as an affirmative defense that--
          ``(1) the property is not subject to confiscation under such 
        provision of law; or
          ``(2) the innocent owner provisions of section 2553(d) apply 
        to the case.
  ``(b) Evidence.--In considering a claim filed under this section, a 
court may admit evidence that is otherwise inadmissible under the 
Federal Rules of Evidence, if the court determines that the evidence is 
reliable, and that compliance with the Federal Rules of Evidence may 
jeopardize the national security interests of the United States.
  ``(c) Clarifications.--
          ``(1) Protection of rights.--The exclusion of certain 
        provisions of Federal law from the definition of the term 
        `civil forfeiture statute' in section 2553(i) shall not be 
        construed to deny an owner of property the right to contest the 
        confiscation of assets of suspected international terrorists 
        under--
                  ``(A) subsection (a) of this section;
                  ``(B) the Constitution; or
                  ``(C) subchapter II of chapter 5 of title 5 (commonly 
                known as the `Administrative Procedure Act').
          ``(2) Savings clause.--Nothing in this section shall limit or 
        otherwise affect any other remedies that may be available to an 
        owner of property under section 2553 or any other provision of 
        law.

                  ``SUBCHAPTER C--CRIMINAL FORFEITURE

``Sec.
``2561.  Offenses giving rise to criminal forfeiture.
``2562.  Procedures for criminal forfeiture.

``Sec. 2561. Offenses giving rise to criminal forfeiture

  ``(a) Property Forfeited at Time of Sentence.--The court, when 
imposing a sentence on a defendant convicted of an offense described in 
subsection (b), shall order the defendant forfeit to the United States 
all forfeitable property (as defined in section 37) related to the 
offense.
  ``(b) Offenses for Which Criminal Forfeiture is To Be Ordered.--The 
offenses for which criminal forfeiture shall occur under this section 
are the following:
          ``(1) A violation of section 508, 1451, or 1452.
          ``(2) A violation of, or a conspiracy to violate--
                  ``(A) section 644, 645, 773-775, 779, 801, 803, 804, 
                or 1003, affecting a financial institution;
                  ``(B) section 614, 692-695, 697-702, 712, 717, 781, 
                783, 784, 861, 862, or 863;
                  ``(C) section 654(a)(1) (relating to Federal program 
                fraud);
                  ``(D) section 772 (relating to fraud and false 
                statements);
                  ``(E) section 788 (relating to major fraud against 
                the United States);
                  ``(F) section 789 (relating to concealment of assets 
                from conservator, receiver, or liquidating agent of 
                insured financial institution);
                  ``(G) section 801 (relating to mail fraud); or
                  ``(H) section 803 (relating to wire fraud),
        involving the sale of assets acquired or held by the Resolution 
        Trust Corporation, the Federal Deposit Insurance Corporation, 
        as conservator or receiver for a financial institution or any 
        other conservator for a financial institution appointed by the 
        Office of the Comptroller of the Currency or the Office of 
        Thrift Supervision, or the National Credit Union 
        Administration, as conservator or liquidating agent for a 
        financial institution, shall order that the person forfeit to 
        the United States any property, real or personal, which 
        represents or is traceable to the gross receipts obtained, 
        directly or indirectly, as a result of such violation.
          ``(3) A violation of--
                  ``(A) section 718 (altering or removing motor vehicle 
                identification numbers);
                  ``(B) section 866 (importing or exporting stolen 
                motor vehicles);
                  ``(C) section 671 (transporting stolen motor vehicles 
                in interstate commerce); or
                  ``(D) section 672 (possessing or selling a stolen 
                motor vehicle that has moved in interstate commerce).
          ``(4) A violation of, or conspiracy to violate, section 
        274(a), 274A(a)(1), or 274A(a)(2) of the Immigration and 
        Nationality Act or sections 311-316 of this title, or a 
        violation of, or conspiracy to violate, section 783 of this 
        title if committed in connection with passport or visa issuance 
        or use.
          ``(5) A Federal health care offense.
          ``(6) A violation of section 783, 786, 801, 802, 807, or 804.
          ``(7) A violation of section 211, 212, 213, 221, or 222.
          ``(8) A violation of section 301, 302, 303, or 320.
          ``(9) A violation of chapter 17.
          ``(10) A violation of section 631.
          ``(11) A violation of section 783, 786, or 794.
          ``(12) A violation of section 1307.
          ``(13) A violation of subchapter C of chapter 35.
          ``(14) A violations or a conspiracy to violate section 787.
          ``(15) A violation of 506 of title 17, or section 675, 676, 
        678, 679, 680, or subcahpter C of chapter 35.

``Sec. 2562. Procedures for criminal forfeiture

  ``(a) Application of Procedures.--Unless otherwise provided by law, 
the procedures set forth in this section govern any criminal forfeiture 
under a law of the United States.
  ``(b) Third Party Transfers.--All right, title, and interest in 
forfeitable vests in the United States upon the commission of the act 
giving rise to forfeiture under this subchapter. Any such property that 
is subsequently transferred to a person other than the defendant may be 
the subject of a special verdict of forfeiture and thereafter shall be 
ordered forfeited to the United States, unless the transferee 
establishes in a hearing pursuant to subsection (n) that the transferee 
is a bona fide purchaser for value of such property who at the time of 
purchase was reasonably without cause to believe that the property was 
subject to forfeiture under this section.
  ``(c) Rebuttable Presumption.--There is a rebuttable presumption at 
trial that any property of a person convicted of a felony under chapter 
17 is subject to forfeiture under this section if the United States 
establishes by a preponderance of the evidence that--
          ``(1) such property was acquired by such person during the 
        period of the violation or within a reasonable time after such 
        period; and
          ``(2) there was no likely source for such property other than 
        the violation
  ``(d) Protective Orders.--
          ``(1) When issued.--Upon application of the United States, 
        the court may enter a restraining order or injunction, require 
        the execution of a satisfactory performance bond, or take any 
        other action to preserve the availability of property for 
        forfeiture under this section--
                  ``(A) upon the filing of an indictment or information 
                charging a violation for which criminal forfeiture may 
                be ordered under this section and alleging that the 
                property with respect to which the order is sought 
                would, in the event of conviction, be subject to 
                forfeiture under this section; or
                  ``(B) prior to the filing of such an indictment or 
                information, if, after notice to persons appearing to 
                have an interest in the property and opportunity for a 
                hearing, the court determines that--
                          ``(i) there is a substantial probability that 
                        the United States will prevail on the issue of 
                        forfeiture and that failure to enter the order 
                        will result in the property being destroyed, 
                        removed from the jurisdiction of the court, or 
                        otherwise made unavailable for forfeiture; and
                          ``(ii) the need to preserve the availability 
                        of the property through the entry of the 
                        requested order outweighs the hardship on any 
                        party against whom the order is to be entered.
          ``(2) Length.--An order entered pursuant to paragraph (1)(B) 
        shall be effective for not more than 90 days, unless extended 
        by the court for good cause shown or unless an indictment or 
        information described in paragraph (1)(A) has been filed.
          ``(3) Ex parte.--A temporary restraining order under this 
        subsection may be entered upon application of the United States 
        without notice or opportunity for a hearing when an information 
        or indictment has not yet been filed with respect to the 
        property, if the United States demonstrates that there is 
        probable cause to believe that the property with respect to 
        which the order is sought would, in the event of conviction, be 
        subject to forfeiture under this section and that provision of 
        notice will jeopardize the availability of the property for 
        forfeiture. Such a temporary order shall expire not more than 
        ten days after the date on which it is entered, unless extended 
        for good cause shown or unless the party against whom it is 
        entered consents to an extension for a longer period. A hearing 
        requested concerning an order entered under this paragraph 
        shall be held at the earliest possible time and prior to the 
        expiration of the temporary order.
          ``(4) Evidence.--The court may receive and consider, at a 
        hearing held pursuant to this subsection, evidence and 
        information that would be inadmissible under the Federal Rules 
        of Evidence.
          ``(5) Order to repatriate and deposit.--
                  ``(A) In general.--Pursuant to its authority to enter 
                a pretrial restraining order under this section, the 
                court may order a defendant to repatriate any property 
                that may be seized and forfeited, and to deposit that 
                property pending trial in the registry of the court, or 
                with the United States Marshals Service or the 
                Secretary of the Treasury, in an interest-bearing 
                account, if appropriate.
                  ``(B) Failure to comply.--Failure to comply with an 
                order under this subsection, or an order to repatriate 
                property under subsection (o), shall be punishable as a 
                civil or criminal contempt of court, and may also 
                result in an enhancement of the sentence of the 
                defendant under the obstruction of justice provision of 
                the Federal Sentencing Guidelines.
  ``(e) Warrant of Seizure.--The Government may request the issuance of 
a warrant authorizing the seizure of property subject to forfeiture 
under this section in the same manner as provided for a search warrant. 
If the court determines that there is probable cause to believe that 
the property to be seized would, in the event of conviction, be subject 
to forfeiture and that an order under subsection (d) may not be 
sufficient to assure the availability of the property for forfeiture, 
the court shall issue a warrant authorizing the seizure of such 
property.
  ``(f) Execution.--Upon entry of an order of forfeiture under this 
section, the court shall authorize the Attorney General to seize all 
property ordered forfeited upon such terms and conditions as the court 
shall deem proper. Following entry of an order declaring the property 
forfeited, the court may, upon application of the United States, enter 
such appropriate restraining orders or injunctions, require the 
execution of satisfactory performance bonds, appoint receivers, 
conservators, appraisers, accountants, or trustees, or take any other 
action to protect the interest of the United States in the property 
ordered forfeited. Any income accuring to or derived from property 
ordered forfeited under this section may be used to offset ordinary and 
necessary expenses to the property which are required by law, or which 
are necessary to protect the interests of the United States or third 
parties.
  ``(g) Disposition of Property.--Following the seizure of property 
ordered forfeited under this section, the Attorney General shall direct 
the disposition of the property by sale of any other any other 
commercially feasible means, making due provision for the rights of any 
innocent persons. Any property right or interest not exercisable by, or 
transferable for value to, the United States shall expire and shall not 
revert to the defendant, nor shall the defendant or any person acting 
in concert with or on the behalf of the defendant be eligible to 
purchase forfeited property at any sale held by the United States. Upon 
application of a person, other than the defendant or a person acting in 
concert with or on the behalf of the defendant, the court may restrain 
or stay the sale or disposition of the property pending the conclusion 
of any appeal of the criminal case giving rise to the forfeiture, if 
the applicant demonstrates that proceeding with the sale or disposition 
of the property will result in irreparable injury, harm, or loss to the 
applicant.
  ``(h) Authority of the Attorney General.--With respect to property 
ordered forfeited under this section, the Attorney General is 
authorized to--
          ``(1) grant petitions for mitigation or remission of 
        forfeiture, restore forfeited property to victims of a 
        violation, or take any other action to protect the rights of 
        innocent persons which is in the interest of justice and which 
        is not inconsistent with the provisions of this section;
          ``(2) compromise claims arising under this section;
          ``(3) award compensation to persons providing information 
        resulting in a forfeiture under this section;
          ``(4) direct the disposition by the United States, in 
        accordance with section 511(e) of the Controlled Substances 
        Act, of all property ordered forfeited under this section by 
        public sale or any other commercially feasible means, making 
        due provision for the rights of innocent persons; and
          ``(5) take appropriate measures necessary to safeguard and 
        maintain property ordered forfeited under this section pending 
        its disposition.
  ``(i) Applicability of Civil Forfeiture Provisions.--Except to the 
extent that they are inconsistent with this section, section 511(d) of 
the Controlled Substances Act applies to a criminal forfeiture under 
this section.
  ``(j) Bar on Intervention.--Except as provided in subsection (m), no 
party claiming an interest in property subject to forfeiture under this 
section may--
          ``(1) intervene in a trial or appeal of a criminal case 
        involving the forfeiture of such property under this section; 
        or
          ``(2) commence an action at law or equity against the United 
        States concerning the validity of his alleged interest in the 
        property subsequent to the filing of an indictment or 
        information alleging that the property in subject to forfeiture 
        under this section.
  ``(k) Jurisdiction To Enter Orders.--The district courts of the 
United States shall have jurisdiction to enter orders as provided in 
this section without regard to the location of any property which may 
be subject to forfeiture under this section or which has been ordered 
forfeited under this section.
  ``(l) Depositions.--In order to facilitate the identification and 
location of property declared forfeited and to facilitate the 
disposition of petitions for remission or mitigation of forfeiture, 
after the entry of an order declaring property forfeited to the United 
States, the court may, upon application of the United States, order 
that the testimony of any witness relating to the property forfeited be 
taken by deposition and that any designated book, paper, document, 
record, recording, or other material not privileged be produced at the 
same time any place, in the same manner as provided for the taking of 
depositions under Rule 15 of the Federal Rules of Criminal Procedure.
  ``(m) Third Party Interests.--(1) Following the entry of an order of 
forfeiture under this section, the United States shall publish notice 
of the order and of its intent to dispose of the property in such 
manner as the Attorney General may direct. The Government may also, to 
the extent practicable, provide direct written notice to any person 
known to have alleged an interest in the property that is the subject 
of the order of forfeiture as a substitute for published notice as to 
those persons so notified.
  ``(2) Any person, other than the defendant, asserting a legal 
interest in property which has been ordered forfeited to the United 
States pursuant to this section may, within thirty days of the final 
publication of notice or his receipt of notice under paragraph (1), 
whichever is earlier, petition the court for a hearing to adjudicate 
the validity of his alleged interest in the property. The hearing shall 
be held before the court alone, without a jury.
  ``(3) The petition shall be signed by the petitioner under penalty of 
perjury and shall set forth the nature and extent of the petitioner's 
right, title, or interest in the property, the time and circumstances 
of the petitioner's acquisition of the right, title, or interest in the 
property, and additional facts supporting the petitioner's claim, and 
the relief sought.
  ``(4) The hearing on the petition shall, to the extent practicable 
and consistent with the interests of justice, be held within thirty 
days of the filing of the petition. The court may consolidate the 
hearing on the petition with a hearing on any other petition filed by a 
person other than the defendant under this subsection.
  ``(5) At the hearing, the petitioner may testify and present evidence 
and witnesses on his own behalf, and cross-examine witnesses who appear 
at the hearing. The United States may present evidence and witnesses in 
rebuttal and in defense of this claim to the property and cross-examine 
witnesses who appear at the hearing, the court shall consider the 
relevant portions of the record of the criminal case which resulted in 
the order of forfeiture.
  ``(6) If, after the hearing, the court determines that the petitioner 
has established by a preponderance of the evidence that--
          ``(A) the petitioner has a legal right, title, or interest in 
        the property, and such right, title, or interest renders the 
        order of forfeiture invalid in whole or in part because the 
        right, title, or interest was vested in the petitioner rather 
        than the defendant or was superior to any right, title, or 
        interest of the defendant at the time of the commission of the 
        acts which gave rise to the forfeiture of the property under 
        the section; or
          ``(B) the petitioner is a bona fide purchaser for value of 
        the right, title, or interest in the property and was at the 
        time of purchase reasonably without cause to believe that the 
        property was subject to forfeiture under this section;
the court shall amend the order of forfeiture in accordance with its 
determination.
  ``(7) Following the court's disposition of all petitions filed under 
this subsection, or if no such petitions are filed following the 
expiration of the period provided in paragraph (2) for the filing of 
such petitions, the United States shall have clear title to property 
that is the subject of the order of forfeiture and may warrant good 
title to any subsequent purchaser or transferee.
  ``(n) Rule of Construction.--This section shall be liberally 
construed to effectuate its remedial purposes.
  ``(o) Forfeiture of Substitute Property.--
          ``(1) In general.--Paragraph (2) of this subsection shall 
        apply, if any property described in subsection (a), as a result 
        of any act or omission of the defendant--
                  ``(A) cannot be located upon the exercise of due 
                diligence;
                  ``(B) has been transferred or sold to, or deposited 
                with, a third party;
                  ``(C) has been placed beyond the jurisdiction of the 
                court;
                  ``(D) has been substantially diminished in value; or
                  ``(E) has been commingled with other property which 
                cannot be divided without difficulty.
          ``(2) Substitute property.--In any case described in any of 
        subparagraphs (A) through (E) of paragraph (1), the court shall 
        order the forfeiture of any other property of the defendant, up 
        to the value of any property described in subparagraphs (A) 
        through (E) of paragraph (1), as applicable.
          ``(3) Return of property to jurisdiction.--In the case of 
        property described in paragraph (1)(C), the court may, in 
        addition to any other action authorized by this subsection, 
        order the defendant to return the property to the jurisdiction 
        of the court so that the property may be seized and forfeited.
          ``(4) Limitation.--This subsection shall not be used to order 
        a defendant to forfeit assets in place of the actual property 
        laundered where such defendant acted merely as an intermediary 
        who handled but did not retain the property in the course of 
        the money laundering offense unless the defendant, in 
        committing the offense or offenses giving rise to the 
        forfeiture, conducted three or more separate transactions 
        involving a total of $100,000 or more in any twelve month 
        period.
  ``(p) Special Restitution.--The court, when sentencing a defendant 
convicted of an offense under chapter 17 involving the manufacture, the 
possession, or the possession with intent to distribute, of amphetamine 
or methamphetamine, shall--
          ``(1) order restitution as provided in sections 3612 and 
        3664;
          ``(2) order the defendant to reimburse the United States, the 
        State or local government concerned, or both the United States 
        and the State or local government concerned for the costs 
        incurred by the United States or the State or local government 
        concerned, as the case may be, for the cleanup associated with 
        the manufacture of amphetamine or methamphetamine by the 
        defendant, or on premises or in property that the defendant 
        owns, resides, or does business in; and
          ``(3) order restitution to any person injured as a result of 
        the offense as provided in section 3663A.''.

SEC. 3. CONFORMING REPEALS.

    (a) Controlled Substances Act.--The Controlled Substances Act is 
amended by striking all of the sections in part D, except sections 412 
(relating to application of treaties and other international 
agreements) and 421 (relating to denial of Federal benefits to drug 
traffickers and possessors).
    (b) Controlled Substances Import and Export Act.--The Controlled 
Substances Import and Export Act is amended by striking sections 1002 
(relating to importation of controlled substances) and 1003 
(exportation of controlled substances).
    (c) Atomic Energy Act of 1954.--The Atomic Energy Act of 1954 is 
amended--
            (1) by striking sections 92, 221, 224, 225, 226, 227, and 
        235;
            (2) by striking subsections a. and b. of section 57;
            (3) in section 222 a., by striking ``57 or''; and
            (4) by striking subsection b. of section 222.
    (d) Additional Conforming Repeals.--Not later than 180 days after 
the date of the enactment of this Act, the Attorney General shall 
submit to Congress proposed legislation repealing additional provisions 
of law that have been rendered superfluous by the enactment of this 
Act.

SEC. 4. CROSS REFERENCES.

    Not later than 180 days after the date of the enactment of this 
Act, the Attorney General shall submit to Congress proposed legislation 
correcting cross references in other laws to provisions of law that 
have been amended or repealed by this Act.

SEC. 5. SUNSET OF PROVISION RELATING TO FOREIGN INTELLIGENCE 
              SURVEILLANCE ACT OF 1978.

    Effective December 31, 2012, except as provided by section 404 of 
the FISA Amendments Act of 2008, section 1492(b)(1)(B)(ii) of title 18, 
United States Code, is amended by striking ``or a court order pursuant 
to section 704 of the Foreign Intelligence Surveillance Act of 1978''.

SEC. 6. REENACTMENT OUTSIDE TITLE 18 OF FORMER SECTION 2258A (RELATING 
              TO REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION 
              SERVICE PROVIDERS AND REMOTE COMPUTING SERVICE 
              PROVIDERS).

    (a) Duty To Report.--
            (1) In general.--Whoever, while engaged in providing an 
        electronic communication service or a remote computing service 
        to the public through a facility or means of interstate or 
        foreign commerce, obtains actual knowledge of any facts or 
        circumstances described in paragraph (2) shall, as soon as 
        reasonably possible--
                    (A) provide to the CyberTipline of the National 
                Center for Missing and Exploited Children, or any 
                successor to the CyberTipline operated by such center, 
                the mailing address, telephone number, facsimile 
                number, electronic mail address of, and individual 
                point of contact for, such electronic communication 
                service provider or remote computing service provider; 
                and
                    (B) make a report of such facts or circumstances to 
                the CyberTipline, or any successor to the CyberTipline 
                operated by such center.
            (2) Facts or circumstances.--The facts or circumstances 
        described in this paragraph are any facts or circumstances from 
        which there is an apparent violation of--
                    (A) section 221, 222, 223, or 224 that involves 
                child pornography; or
                    (B) section 1445.
    (b) Contents of Report.--To the extent the information is within 
the custody or control of an electronic communication service provider 
or a remote computing service provider, the facts and circumstances 
included in each report under subsection (a)(1) may include the 
following information:
            (1) Information about the involved individual.--Information 
        relating to the identity of any individual who appears to have 
        violated a Federal law described in subsection (a)(2), which 
        may, to the extent reasonably practicable, include the 
        electronic mail address, Internet Protocol address, uniform 
        resource locator, or any other identifying information, 
        including self-reported identifying information.
            (2) Historical reference.--Information relating to when and 
        how a customer or subscriber of an electronic communication 
        service or a remote computing service uploaded, transmitted, or 
        received apparent child pornography or when and how apparent 
        child pornography was reported to, or discovered by the 
        electronic communication service provider or remote computing 
        service provider, including a date and time stamp and time 
        zone.
            (3) Geographic location information.--
                    (A) In general.--Information relating to the 
                geographic location of the involved individual or 
                website, which may include the Internet Protocol 
                address or verified billing address, or, if not 
                reasonably available, at least 1 form of geographic 
                identifying information, including area code or zip 
                code.
                    (B) Inclusion.--The information described in 
                subparagraph (A) may also include any geographic 
                information provided to the electronic communication 
                service or remote computing service by the customer or 
                subscriber.
            (4) Images of apparent child pornography.--Any image of 
        apparent child pornography relating to the incident such report 
        is regarding.
            (5) Complete communication.--The complete communication 
        containing any image of apparent child pornography, including--
                    (A) any data or information regarding the 
                transmission of the communication; and
                    (B) any images, data, or other digital files 
                contained in, or attached to, the communication.
    (c) Forwarding of Report to Law Enforcement.--
            (1) In general.--The National Center for Missing and 
        Exploited Children shall forward each report made under 
        subsection (a)(1) to any appropriate law enforcement agency 
        designated by the Attorney General under subsection (d)(2).
            (2) State and local law enforcement.--The National Center 
        for Missing and Exploited Children may forward any report made 
        under subsection (a)(1) to an appropriate law enforcement 
        official of a State or political subdivision of a State for the 
        purpose of enforcing State criminal law.
            (3) Foreign law enforcement.--
                    (A) In general.--The National Center for Missing 
                and Exploited Children may forward any report made 
                under subsection (a)(1) to any appropriate foreign law 
                enforcement agency designated by the Attorney General 
                under subsection (d)(3), subject to the conditions 
                established by the Attorney General under subsection 
                (d)(3).
                    (B) Transmittal to designated federal agencies.--If 
                the National Center for Missing and Exploited Children 
                forwards a report to a foreign law enforcement agency 
                under subparagraph (A), the National Center for Missing 
                and Exploited Children shall concurrently provide a 
                copy of the report and the identity of the foreign law 
                enforcement agency to--
                            (i) the Attorney General; or
                            (ii) the Federal law enforcement agency or 
                        agencies designated by the Attorney General 
                        under subsection (d)(2).
    (d) Attorney General Responsibilities.--
            (1) In general.--The Attorney General shall enforce this 
        section.
            (2) Designation of federal agencies.--The Attorney General 
        shall designate promptly the Federal law enforcement agency or 
        agencies to which a report shall be forwarded under subsection 
        (c)(1).
            (3) Designation of foreign agencies.--The Attorney General 
        shall promptly--
                    (A) in consultation with the Secretary of State, 
                designate the foreign law enforcement agencies to which 
                a report may be forwarded under subsection (c)(3);
                    (B) establish the conditions under which such a 
                report may be forwarded to such agencies; and
                    (C) develop a process for foreign law enforcement 
                agencies to request assistance from Federal law 
                enforcement agencies in obtaining evidence related to a 
                report referred under subsection (c)(3).
            (4) Reporting designated foreign agencies.--The Attorney 
        General shall maintain and make available to the Department of 
        State, the National Center for Missing and Exploited Children, 
        electronic communication service providers, remote computing 
        service providers, the Committee on the Judiciary of the 
        Senate, and the Committee on the Judiciary of the House of 
        Representatives a list of the foreign law enforcement agencies 
        designated under paragraph (3).
            (5) Sense of congress regarding designation of foreign 
        agencies.--It is the sense of Congress that--
                    (A) combating the international manufacturing, 
                possession, and trade in online child pornography 
                requires cooperation with competent, qualified, and 
                appropriately trained foreign law enforcement agencies; 
                and
                    (B) the Attorney General, in cooperation with the 
                Secretary of State, should make a substantial effort to 
                expand the list of foreign agencies designated under 
                paragraph (3).
            (6) Notification to providers.--If an electronic 
        communication service provider or remote computing service 
        provider notifies the National Center for Missing and Exploited 
        Children that the electronic communication service provider or 
        remote computing service provider is making a report under this 
        section as the result of a request by a foreign law enforcement 
        agency, the National Center for Missing and Exploited Children 
        shall--
                    (A) if the Center forwards the report to the 
                requesting foreign law enforcement agency or another 
                agency in the same country designated by the Attorney 
                General under paragraph (3), notify the electronic 
                communication service provider or remote computing 
                service provider of--
                            (i) the identity of the foreign law 
                        enforcement agency to which the report was 
                        forwarded; and
                            (ii) the date on which the report was 
                        forwarded; or
                    (B) notify the electronic communication service 
                provider or remote computing service provider if the 
                Center declines to forward the report because the 
                Center, in consultation with the Attorney General, 
                determines that no law enforcement agency in the 
                foreign country has been designated by the Attorney 
                General under paragraph (3).
    (e) Failure To Report.--An electronic communication service 
provider or remote computing service provider that knowingly and 
willfully fails to make a report required under subsection (a)(1) shall 
be fined--
            (1) in the case of an initial knowing and willful failure 
        to make a report, not more than $150,000; and
            (2) in the case of any second or subsequent knowing and 
        willful failure to make a report, not more than $300,000.
    (f) Protection of Privacy.--Nothing in this section shall be 
construed to require an electronic communication service provider or a 
remote computing service provider to--
            (1) monitor any user, subscriber, or customer of that 
        provider;
            (2) monitor the content of any communication of any person 
        described in paragraph (1); or
            (3) affirmatively seek facts or circumstances described in 
        subsections (a) and (b).
    (g) Conditions of Disclosure Information Contained Within Report.--
            (1) In general.--Except as provided in paragraph (2), a law 
        enforcement agency that receives a report under subsection (c) 
        shall not disclose any information contained in that report.
            (2) Permitted disclosures by law enforcement.--
                    (A) In general.--A law enforcement agency may 
                disclose information in a report received under 
                subsection (c)--
                            (i) to an attorney for the government for 
                        use in the performance of the official duties 
                        of that attorney;
                            (ii) to such officers and employees of that 
                        law enforcement agency, as may be necessary in 
                        the performance of their investigative and 
                        recordkeeping functions;
                            (iii) to such other government personnel 
                        (including personnel of a State or subdivision 
                        of a State) as are determined to be necessary 
                        by an attorney for the government to assist the 
                        attorney in the performance of the official 
                        duties of the attorney in enforcing Federal 
                        criminal law;
                            (iv) if the report discloses a violation of 
                        State criminal law, to an appropriate official 
                        of a State or subdivision of a State for the 
                        purpose of enforcing such State law;
                            (v) to a defendant in a criminal case or 
                        the attorney for that defendant, subject to the 
                        terms and limitations under section 3509(m) of 
                        title 18, United States Code, or a similar 
                        State law, to the extent the information 
                        relates to a criminal charge pending against 
                        that defendant;
                            (vi) subject to subparagraph (B), to an 
                        electronic communication service provider or 
                        remote computing provider if necessary to 
                        facilitate response to legal process issued in 
                        connection to a criminal investigation, 
                        prosecution, or post-conviction remedy relating 
                        to that report; and
                            (vii) as ordered by a court upon a showing 
                        of good cause and pursuant to any protective 
                        orders or other conditions that the court may 
                        impose.
                    (B) Limitations.--
                            (i) Limitations on further disclosure.--The 
                        electronic communication service provider or 
                        remote computing service provider shall be 
                        prohibited from disclosing the contents of a 
                        report provided under subparagraph (A)(vi) to 
                        any person, except as necessary to respond to 
                        the legal process.
                            (ii) Effect.--Nothing in subparagraph 
                        (A)(vi) authorizes a law enforcement agency to 
                        provide child pornography images to an 
                        electronic communications service provider or a 
                        remote computing service.
            (3) Permitted disclosures by the national center for 
        missing and exploited children.--The National Center for 
        Missing and Exploited Children may disclose information 
        received in a report under subsection (a) only--
                    (A) to any Federal law enforcement agency 
                designated by the Attorney General under subsection 
                (d)(2);
                    (B) to any State, local, or tribal law enforcement 
                agency involved in the investigation of child 
                pornography, child exploitation, kidnapping, or 
                enticement crimes;
                    (C) to any foreign law enforcement agency 
                designated by the Attorney General under subsection 
                (d)(3); and
                    (D) to an electronic communication service provider 
                or remote computing service provider as described in 
                section 8.
    (h) Preservation.--
            (1) In general.--For the purposes of this section, the 
        notification to an electronic communication service provider or 
        a remote computing service provider by the CyberTipline of 
        receipt of a report under subsection (a)(1) shall be treated as 
        a request to preserve, as if such request was made pursuant to 
        section 2703(f) of title 18, United States Code.
            (2) Preservation of report.--Pursuant to paragraph (1), an 
        electronic communication service provider or a remote computing 
        service shall preserve the contents of the report provided 
        pursuant to subsection (b) for 90 days after such notification 
        by the CyberTipline.
            (3) Preservation of commingled images.--Pursuant to 
        paragraph (1), an electronic communication service provider or 
        a remote computing service shall preserve any images, data, or 
        other digital files that are commingled or interspersed among 
        the images of apparent child pornography within a particular 
        communication or user-created folder or directory.
            (4) Protection of preserved materials.--An electronic 
        communications service or remote computing service preserving 
        materials under this section shall maintain the materials in a 
        secure location and take appropriate steps to limit access by 
        agents or employees of the service to the materials to that 
        access necessary to comply with the requirements of this 
        subsection.
            (5) Authorities and duties not affected.--Nothing in this 
        section shall be construed as replacing, amending, or otherwise 
        interfering with the authorities and duties under section 2703 
        of title 18, United States Code.

SEC. 7. REENACTMENT OUTSIDE TITLE 18 OF FORMER SECTION 2258B (RELATING 
              TO LIMITED LIABILITY FOR ELECTRONIC COMMUNICATION SERVICE 
              PROVIDERS, REMOTE COMPUTING SERVICE PROVIDERS, OR DOMAIN 
              NAME REGISTRAR).

    (a) In General.--Except as provided in subsection (b), a civil 
claim or criminal charge against an electronic communication service 
provider, a remote computing service provider, or domain name 
registrar, including any director, officer, employee, or agent of such 
electronic communication service provider, remote computing service 
provider, or domain name registrar arising from the performance of the 
reporting or preservation responsibilities of such electronic 
communication service provider, remote computing service provider, or 
domain name registrar under this section, section 6, or section 8 may 
not be brought in any Federal or State court.
    (b) Intentional, Reckless, or Other Misconduct.--Subsection (a) 
shall not apply to a claim if the electronic communication service 
provider, remote computing service provider, or domain name registrar, 
or a director, officer, employee, or agent of that electronic 
communication service provider, remote computing service provider, or 
domain name registrar--
            (1) engaged in intentional misconduct; or
            (2) acted, or failed to act--
                    (A) with actual malice;
                    (B) with reckless disregard to a substantial risk 
                of causing physical injury without legal justification; 
                or
                    (C) for a purpose unrelated to the performance of 
                any responsibility or function under this section, 
                sections 6, or 8 or under section 2702 or 2703 of title 
                18, United States Code.
    (c) Minimizing Access.--An electronic communication service 
provider, a remote computing service provider, and domain name 
registrar shall--
            (1) minimize the number of employees that are provided 
        access to any image provided under section 6 or 8; and
            (2) ensure that any such image is permanently destroyed, 
        upon a request from a law enforcement agency to destroy the 
        image.

SEC. 8. REENACTMENT OUTSIDE TITLE 18 OF FORMER SECTION 2258C (RELATING 
              TO USE TO COMBAT CHILD PORNOGRAPHY OF TECHNICAL ELEMENTS 
              RELATING TO IMAGES REPORTED TO THE CYBERTIPLINE).

    (a) Elements.--
            (1) In general.--The National Center for Missing and 
        Exploited Children may provide elements relating to any 
        apparent child pornography image of an identified child to an 
        electronic communication service provider or a remote computing 
        service provider for the sole and exclusive purpose of 
        permitting that electronic communication service provider or 
        remote computing service provider to stop the further 
        transmission of images.
            (2) Inclusions.--The elements authorized under paragraph 
        (1) may include hash values or other unique identifiers 
        associated with a specific image, Internet location of images, 
        and other technological elements that can be used to identify 
        and stop the transmission of child pornography.
            (3) Exclusion.--The elements authorized under paragraph (1) 
        may not include the actual images.
    (b) Use by Electronic Communication Service Providers and Remote 
Computing Service Providers.--Any electronic communication service 
provider or remote computing service provider that receives elements 
relating to any apparent child pornography image of an identified child 
from the National Center for Missing and Exploited Children under this 
section may use such information only for the purposes described in 
this section, provided that such use shall not relieve that electronic 
communication service provider or remote computing service provider 
from its reporting obligations under section 6.
    (c) Limitations.--Nothing in subsections (a) or (b) requires 
electronic communication service providers or remote computing service 
providers receiving elements relating to any apparent child pornography 
image of an identified child from the National Center for Missing and 
Exploited Children to use the elements to stop the further transmission 
of the images.
    (d) Provision of Elements to Law Enforcement.--The National Center 
for Missing and Exploited Children shall make available to Federal, 
State, and local law enforcement involved in the investigation of child 
pornography crimes elements, including hash values, relating to any 
apparent child pornography image of an identified child reported to the 
National Center for Missing and Exploited Children.
    (e) Use by Law Enforcement.--Any Federal, State, or local law 
enforcement agency that receives elements relating to any apparent 
child pornography image of an identified child from the National Center 
for Missing and Exploited Children under subsection (d) may use such 
elements only in the performance of the official duties of that agency 
to investigate child pornography crimes.

SEC. 9. REENACTMENT OUTSIDE TITLE 18 OF FORMER SECTION 2258D (RELATING 
              TO LIMITED LIABILITY FOR THE NATIONAL CENTER FOR MISSING 
              AND EXPLOITED CHILDREN).

    (a) In General.--Except as provided in subsections (b) and (c), a 
civil claim or criminal charge against the National Center for Missing 
and Exploited Children, including any director, officer, employee, or 
agent of such center, arising from the performance of the CyberTipline 
responsibilities or functions of such center, as described in this 
section, section 6 or 8, or section 404 of the Missing Children's 
Assistance Act (42 U.S.C. 5773), or from the effort of such center to 
identify child victims may not be brought in any Federal or State 
court.
    (b) Intentional, Reckless, or Other Misconduct.--Subsection (a) 
shall not apply to a claim or charge if the National Center for Missing 
and Exploited Children, or a director, officer, employee, or agent of 
such center--
            (1) engaged in intentional misconduct; or
            (2) acted, or failed to act--
                    (A) with actual malice;
                    (B) with reckless disregard to a substantial risk 
                of causing injury without legal justification; or
                    (C) for a purpose unrelated to the performance of 
                any responsibility or function under this section, 
                section 6 or 8, or section 404 of the Missing 
                Children's Assistance Act (42 U.S.C. 5773).
    (c) Ordinary Business Activities.--Subsection (a) shall not apply 
to an act or omission relating to an ordinary business activity, 
including general administration or operations, the use of motor 
vehicles, or personnel management.
    (d) Minimizing Access.--The National Center for Missing and 
Exploited Children shall--
            (1) minimize the number of employees that are provided 
        access to any image provided under section 6; and
            (2) ensure that any such image is permanently destroyed 
        upon notification from a law enforcement agency.

SEC. 10. REENACTMENT OUTSIDE TITLE 18 OF FORMER SECTION 2258E (RELATING 
              TO DEFINITIONS).

    In sections 6 through 9--
            (1) the terms ``attorney for the government'' and ``State'' 
        have the meanings given those terms in rule 1 of the Federal 
        Rules of Criminal Procedure;
            (2) the term ``electronic communication service'' has the 
        meaning given that term in section 2510 of title 18, United 
        States Code;
            (3) the term ``electronic mail address'' has the meaning 
        given that term in section 3 of the CAN-SPAM Act of 2003 (15 
        U.S.C. 7702);
            (4) the term ``Internet'' has the meaning given that term 
        in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151 
        note);
            (5) the term ``remote computing service'' has the meaning 
        given that term in section 2711 of title 18, United States 
        Code; and
            (6) the term ``website'' means any collection of material 
        placed in a computer server-based file archive so that it is 
        publicly accessible, over the Internet, using hypertext 
        transfer protocol or any successor protocol.

SEC. 11. TRANSFER TO PART II OF TITLE 18, UNITED STATES CODE, OF 
              CERTAIN PROCEDURAL AND RELATED PROVISIONS.

    (a) Part II of title 18, United States Code, is amended by 
inserting after chapter 206 the following:

    ``CHAPTER 206A--PROCEDURAL AND RELATED PROVISIONS PERTAINING TO 
                     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.
``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.
``Sec. 3119. Prohibition of use as evidence of intercepted wire or oral 
              communications
  ``Whenever any wire or oral communication has been intercepted, no 
part of the contents of such communication and no evidence derived 
therefrom may be received in evidence in any trial, hearing, or other 
proceeding in or before any court, grand jury, department, officer, 
agency, regulatory body, legislative committee, or other authority of 
the United States, a State, or a political subdivision thereof if the 
disclosure of that information would be in violation of this chapter.
``Sec. 3119A. Authorization for interception of wire, oral, or 
              electronic communications
  ``(a) Federal Prosecutors.--The Attorney General, Deputy Attorney 
General, Associate Attorney General, or any Assistant Attorney General, 
any acting Assistant Attorney General, or any Deputy Assistant Attorney 
General or acting Deputy Assistant Attorney General in the Criminal 
Division specially designated by the Attorney General, may authorize an 
application to a Federal judge of competent jurisdiction for, and such 
judge may grant in conformity with section 3119C an order authorizing 
or approving the interception of wire or oral communications by the 
Federal Bureau of Investigation, or a Federal agency having 
responsibility for the investigation of the offense as to which the 
application is made, when such interception may provide or has provided 
evidence of--
          ``(1) any felony offense under sections 271 through 275, or 
        under any of the following subchapters of this title: 
        subchapter C of chapter 10 (relating to kidnapping), subchapter 
        A of chapter 15 (relating to treason), subchapter E of chapter 
        15 (relating to espionage), subchapter E of chapter 21 
        (relating to biological weapons), subchapter N of chapter 29 
        (relating to malicious mischief), subchapter A of chapter 31 
        (relating to piracy), or subchapter C of chapter 35 (relating 
        to protection of trade secrets);
          ``(2) a violation of section 186 or section 501(c) of title 
        29, (dealing with restrictions on payments and loans to labor 
        organizations), or any offense which involves murder, 
        kidnapping, robbery, or extortion, and which is punishable 
        under this title;
          ``(3) any offense which is punishable under the following 
        sections of this title: sections 102, 112, 121, 131 (relating 
        to murder, assault, kidnapping, and threatening or retaliating 
        against a Federal official), section 123 (relating to hostage 
        taking), , sections 211, 212, 213 and 214 (relating to 
        transportation for illegal sexual activity and related crimes), 
        sections 221 (relating to sexual exploitation of children), 
        section 222 (relating to selling or buying of children), 
        section 223 (certain activities relating to materials involving 
        the sexual exploitation of children and child pornography), 
        section 311 (relating to false statements in passport 
        applications), section 312 (relating to forgery or false use of 
        passports), section 313 (relating to misuse of passports), or 
        section 314 (relating to fraud and misuse of visas, permits, 
        and other documents), section 315 (relating to the procurement 
        of citizenship or nationalization unlawfully), section 316 
        (relating to the sale of naturalization or citizenship papers), 
        section 501 (interference with commerce by threats or 
        violence), section 502 (interstate and foreign travel or 
        transportation in aid of racketeering enterprises), 504 (offer, 
        acceptance, or solicitation to influence operations of employee 
        benefit plan), section 505 (prohibition of business enterprises 
        of gambling), section 506 (relating to use of interstate 
        commerce facilities in the commission of murder for hire), 
        section 507 (relating to violent crimes in aid of racketeering 
        activity), section section 513 (violations with respect to 
        racketeer influenced and corrupt organizations), section 547 
        (theft from interstate shipment), section 571 (relating to 
        arson), section 593 (relating to possesion of firearms and 
        dangerous weapons in Federal facilities), section 601 (relating 
        to prohibited transactions involving nuclear materials), 
        subsection (d), (e), (f), (g), (h), or (i) of section 614 
        (unlawful use of explosives), section 621 (relating to 
        biological weapons), section 624 (relating to variola virus), 
        section 651 (embezzlement from pension and welfare funds), 
        sections 671, 672, 673, and 674 (interstate transportation of 
        stolen property), section 682 (relating to trafficking in 
        certain motor vehicles or motor vehicle parts), section 779 
        (relating to loans and credit applications generally; renewals 
        and discounts), a felony violation of section 783 (relating to 
        production of false identification documentation), section 786 
        (relating to fraud and related activity in connection with 
        access devices), a felony violation of section 787 (relating to 
        computer fraud and abuse), section 801 (relating to mail 
        fraud), section 803 (fraud by wire, radio, or television), 
        section 804 (relating to bank fraud), section 924 (relating to 
        conspiracy to kill, kidnap, maim, or injure persons or damage 
        property in a foreign), section 991 (bribery of public 
        officials and witnesses), section 1003 (relating to bribery of 
        bank officials), section 1005 (bribery in sporting contests), 
        section 1071 (relating to escape), sections 1132, 1137, and 
        1138 (influencing or injuring an officer, juror, or witness 
        generally), section 1135 (obstruction of criminal 
        investigations), section 1136 (obstruction of State or local 
        law enforcement), section 1265 (sex trafficking of children by 
        force, fraud, or coercion), section 1291 (relating to torture); 
        section 1301 (relating to destruction of aircraft or aircraft 
        facilities), 1306 (relating to violence at international 
        airports), section 1307 (relating to aircraft parts fraud), 
        section 1302 (relating to destruction of motor vehicles or 
        motor vehicle facilities), section 1331 (relating to terrorist 
        attacks and other violence against railroad carriers and 
        against mass transportation systems on land, on water, or 
        through the air), section 1451 (laundering of monetary 
        instruments), section 1452 (relating to engaging in monetary 
        transactions in property derived from specified unlawful 
        activity), section 1445 (relating to child obscenity);
          ``(4) any offense involving counterfeiting punishable under 
        section 692, 693, or 694 of this title;
          ``(5) any offense involving fraud connected with a case under 
        title 11 or the manufacture, importation, receiving, 
        concealment, buying, selling, or otherwise dealing in narcotic 
        drugs, marihuana, or other dangerous drugs, punishable under 
        any law of the United States;
          ``(6) any offense including extortionate credit transactions 
        under sections 155, 156, or 157 of this title;
          ``(7) a violation of section 5322 (relating to the reporting 
        of currency transactions) or 5324 (relating to structuring 
        transactions to evade reporting requirement prohibited) of 
        title 31;
          ``(8) any felony violation of sections 1492 and 1493 
        (relating to interception and disclosure of certain 
        communications and to certain intercepting devices) of this 
        title;
          ``(9) any felony violation of subchapter F of chapter 35 
        (relating to obscenity) of this title;
          ``(10) any violation of section 60123(b) (relating to 
        destruction of a natural gas pipeline) or section 46502 
        (relating to aircraft piracy), the second sentence of section 
        46504 (relating to assault on a flight crew with dangerous 
        weapon), section 46505(b)(3) or (c) (relating to explosive or 
        incendiary devices, or endangerment of human life, by means of 
        weapons on aircraft) of title 49;
          ``(11) any criminal violation of section 2778 of title 22 
        (relating to the Arms Export Control Act);
          ``(12) the location of any fugitive from justice from an 
        offense described in this section;
          ``(13) the location of any fugitive from justice from an 
        offense described in this section;
          ``(14) a violation of section 274, 277, or 278 of the 
        Immigration and Nationality Act (8 U.S.C. 1324, 1327, or 1328) 
        (relating to the smuggling of aliens);
          ``(15) any felony violation of sections 582 and 584;
          ``(16) any violation of section 5861 of the Internal Revenue 
        Code of 1986 (relating to firearms);
          ``(17) a felony violation of section 783 (relating to 
        production of false identification documents), section 784 
        (relating to aggrivated identity theft), section 311 (relating 
        to false statements in passport applications), section 314 
        (relating to fraud and misuse of visas, permits, and other 
        documents) of this title or a violation of section 274, 277, or 
        278 of the Immigration and Nationality Act (relating to the 
        smuggling of aliens);
          ``(18) any criminal violation of section 631 (relating to 
        chemical weapons); or sections 271, 273, 274, 275, 276, 278, 
        279, or 280 of this title (relating to terrorism);
          ``(19) any criminal violation of section 1 (relating to 
        illegal restraints of trade or commerce), 2 (relating to 
        illegal monopolizing of trade or commerce), 3 (relating to 
        illegal restraints of trade or commerce in territories or the 
        District of Columbia) of the Sherman Act (15 U.S.C. 1, 2, 3); 
        or
          ``(20) any conspiracy to commit any offense described in any 
        subparagraph of this paragraph.
  ``(b) State Prosecutors.--The principal prosecuting attorney of any 
State, or the principal prosecuting attorney of any political 
subdivision thereof, if such attorney is authorized by a statute of 
that State to make application to a State court judge of competent 
jurisdiction for an order authorizing or approving the interception of 
wire, oral, or electronic communications, may apply to such judge for, 
and such judge may grant in conformity with section 2518 of this 
chapter and with the applicable State statute an order authorizing, or 
approving the interception of wire, oral, or electronic communications 
by investigative or law enforcement officers having responsibility for 
the investigation of the offense as to which the application is made, 
when such interception may provide or has provided evidence of the 
commission of the offense of murder, kidnapping, gambling, robbery, 
bribery, extortion, or dealing in narcotic drugs, marihuana or other 
dangerous drugs, or other crime dangerous to life, limb, or property, 
and punishable by imprisonment for more than one year, designated in 
any applicable State statute authorizing such interception, or any 
conspiracy to commit any of the foregoing offenses.
  ``(c) Interception for Evidence of Federal Felonies.--Any attorney 
for the Government (as such term is defined for the purposes of the 
Federal Rules of Criminal Procedure) may authorize an application to a 
Federal judge of competent jurisdiction for, and such judge may grant, 
in conformity with section 3119C of this title, an order authorizing or 
approving the interception of electronic communications by an 
investigative or law enforcement officer having responsibility for the 
investigation of the offense as to which the application is made, when 
such interception may provide or has provided evidence of any Federal 
felony.
``Sec. 3119B. Authorization for disclosure and use of intercepted wire, 
              oral, or electronic communications
  ``(a) Disclosure to Investigative or Law Enforcement Officers.--Any 
investigative or law enforcement officer who, by any means authorized 
by this chapter, has obtained knowledge of the contents of any wire, 
oral, or electronic communication, or evidence derived therefrom, may 
disclose such contents to another investigative or law enforcement 
officer to the extent that such disclosure is appropriate to the proper 
performance of the official duties of the officer making or receiving 
the disclosure.
  ``(b) Use of Contents in Performance of Duties.--Any investigative or 
law enforcement officer who, by any means authorized by this chapter, 
has obtained knowledge of the contents of any wire, oral, or electronic 
communication or evidence derived therefrom may use such contents to 
the extent such use is appropriate to the proper performance of his 
official duties.
  ``(c) Use of Contents in Testimony.--Any person who has received, by 
any means authorized by this chapter, any information concerning a 
wire, oral, or electronic communication, or evidence derived therefrom 
intercepted in accordance with the provisions of this chapter may 
disclose the contents of that communication or such derivative evidence 
while giving testimony under oath or affirmation in any proceeding held 
under the authority of the United States or of any State or political 
subdivision thereof.
  ``(d) Privelaged Character.--No otherwise privileged wire, oral, or 
electronic communication intercepted in accordance with, or in 
violation of, this chapter shall lose its privileged character.
  ``(e) Offenses Other Than Those Specified in the Order.--When an 
investigative or law enforcement officer, while engaged in intercepting 
wire, oral, or electronic communications in the manner authorized 
herein, intercepts wire, oral, or electronic communications relating to 
offenses other than those specified in the order of authorization or 
approval, the contents thereof, and evidence derived therefrom, may be 
disclosed or used as provided in subsections (a) and (b). Such contents 
and any evidence derived therefrom may be used under subsection (c) 
when authorized or approved by a judge of competent jurisdiction where 
such judge finds on subsequent application that the contents were 
otherwise intercepted in accordance with this chapter. Such application 
shall be made as soon as practicable.
  ``(f) Domestic Use of Intelligence and Counterintelligence 
Information.--Any investigative or law enforcement officer, or attorney 
for the Government, who by any means authorized by this chapter, has 
obtained knowledge of the contents of any wire, oral, or electronic 
communication, or evidence derived therefrom, may disclose such 
contents to any other Federal law enforcement, intelligence, 
protective, immigration, national defense, or national security 
official to the extent that such contents include foreign intelligence 
or counterintelligence (as defined in section 3 of the National 
Security Act of 1947 (50 U.S.C. 401a)), or foreign intelligence 
information (as defined in section 1491 of this title), to assist the 
official who is to receive that information in the performance of his 
official duties. Any Federal official who receives information pursuant 
to this provision may use that information only as necessary in the 
conduct of that person's official duties subject to any limitations on 
the unauthorized disclosure of such information.
  ``(g) Foriegn Use of Intelligence and Counterintelligence 
Information.--Any investigative or law enforcement officer, or other 
Federal official in carrying out official duties as such Federal 
official, who by any means authorized by this chapter, has obtained 
knowledge of the contents of any wire, oral, or electronic 
communication, or evidence derived therefrom, may disclose such 
contents or derivative evidence to a foreign investigative or law 
enforcement officer to the extent that such disclosure is appropriate 
to the proper performance of the official duties of the officer making 
or receiving the disclosure, and foreign investigative or law 
enforcement officers may use or disclose such contents or derivative 
evidence to the extent such use or disclosure is appropriate to the 
proper performance of their official duties.
  ``(h) Disclosure for Public Safety Purposes.--Any investigative or 
law enforcement officer, or other Federal official in carrying out 
official duties as such Federal official, who by any means authorized 
by this chapter, has obtained knowledge of the contents of any wire, 
oral, or electronic communication, or evidence derived therefrom, may 
disclose such contents or derivative evidence to any appropriate 
Federal, State, local, or foreign government official to the extent 
that such contents or derivative evidence reveals a threat of actual or 
potential attack or other grave hostile acts of a foreign power or an 
agent of a foreign power, domestic or international sabotage, domestic 
or international terrorism, or clandestine intelligence gathering 
activities by an intelligence service or network of a foreign power or 
by an agent of a foreign power, within the United States or elsewhere, 
for the purpose of preventing or responding to such a threat. Any 
official who receives information pursuant to this provision may use 
that information only as necessary in the conduct of that person's 
official duties subject to any limitations on the unauthorized 
disclosure of such information, and any State, local, or foreign 
official who receives information pursuant to this provision may use 
that information only consistent with such guidelines as the Attorney 
General and Director of Central Intelligence shall jointly issue.
``Sec. 3119C. Procedure for interception of wire, oral, or electronic 
              communications
  ``(a) Application.--Each application for an order authorizing or 
approving the interception of a wire, oral, or electronic communication 
under this chapter shall be made in writing upon oath or affirmation to 
a judge of competent jurisdiction and shall state the applicant's 
authority to make such application. Each application shall include the 
following information:
          ``(1) The identity of the investigative or law enforcement 
        officer making the application, and the officer authorizing the 
        application.
          ``(2) A full and complete statement of the facts and 
        circumstances relied upon by the applicant, to justify his 
        belief that an order should be issued, including (A) details as 
        to the particular offense that has been, is being, or is about 
        to be committed, (B) except as provided in subsection (11), a 
        particular description of the nature and location of the 
        facilities from which or the place where the communication is 
        to be intercepted, (C) a particular description of the type of 
        communications sought to be intercepted, (D) the identity of 
        the person, if known, committing the offense and whose 
        communications are to be intercepted.
          ``(3) A full and complete statement as to whether or not 
        other investigative procedures have been tried and failed or 
        why they reasonably appear to be unlikely to succeed if tried 
        or to be too dangerous.
          ``(4) A statement of the period of time for which the 
        interception is required to be maintained. If the nature of the 
        investigation is such that the authorization for interception 
        should not automatically terminate when the described type of 
        communication has been first obtained, a particular description 
        of facts establishing probable cause to believe that additional 
        communications of the same type will occur thereafter.
          ``(5) A full and complete statement of the facts concerning 
        all previous applications known to the individual authorizing 
        and making the application, made to any judge for authorization 
        to intercept, or for approval of interceptions of, wire, oral, 
        or electronic communications involving any of the same persons, 
        facilities or places specified in the application, and the 
        action taken by the judge on each such application.
          ``(6) Where the application is for the extension of an order, 
        a statement setting forth the results thus far obtained from 
        the interception, or a reasonable explanation of the failure to 
        obtain such results.
  ``(b) Additional Testimony or Documentary Evidence.--The judge may 
require the applicant to furnish additional testimony or documentary 
evidence in support of the application.
  ``(c) Ex Parte Order.--Upon such application the judge may enter an 
ex parte order, as requested or as modified, authorizing or approving 
interception of wire, oral, or electronic communications within the 
territorial jurisdiction of the court in which the judge is sitting 
(and outside that jurisdiction but within the United States in the case 
of a mobile interception device authorized by a Federal court within 
such jurisdiction), if the judge determines on the basis of the facts 
submitted by the applicant that--
          ``(1) there is probable cause for belief that an individual 
        is committing, has committed, or is about to commit a 
        particular offense enumerated in section 3119A of this chapter;
          ``(2) there is probable cause for belief that particular 
        communications concerning that offense will be obtained through 
        such interception;
          ``(3) normal investigative procedures have been tried and 
        have failed or reasonably appear to be unlikely to succeed if 
        tried or to be too dangerous; and
          ``(4) except as provided in subsection (k), there is probable 
        cause for belief that the facilities from which, or the place 
        where, the wire, oral, or electronic communications are to be 
        intercepted are being used, or are about to be used, in 
        connection with the commission of such offense, or are leased 
        to, listed in the name of, or commonly used by such person.
  ``(d) Contents of Order.--Each order authorizing or approving the 
interception of any wire, oral, or electronic communication under this 
chapter shall specify--
          ``(1) the identity of the person, if known, whose 
        communications are to be intercepted;
          ``(2) the nature and location of the communications 
        facilities as to which, or the place where, authority to 
        intercept is granted;
          ``(3) a particular description of the type of communication 
        sought to be intercepted, and a statement of the particular 
        offense to which it relates;
          ``(4) the identity of the agency authorized to intercept the 
        communications, and of the person authorizing the application; 
        and
          ``(5) the period of time during which such interception is 
        authorized, including a statement as to whether or not the 
        interception shall automatically terminate when the described 
        communication has been first obtained.
An order authorizing the interception of a wire, oral, or electronic 
communication under this chapter shall, upon request of the applicant, 
direct that a provider of wire or electronic communication service, 
landlord, custodian or other person shall furnish the applicant 
forthwith all information, facilities, and technical assistance 
necessary to accomplish the interception unobtrusively and with a 
minimum of interference with the services that such service provider, 
landlord, custodian, or person is according the person whose 
communications are to be intercepted. Any provider of wire or 
electronic communication service, landlord, custodian or other person 
furnishing such facilities or technical assistance shall be compensated 
therefor by the applicant for reasonable expenses incurred in providing 
such facilities or assistance. Pursuant to section 2522 of this 
chapter, an order may also be issued to enforce the assistance 
capability and capacity requirements under the Communications 
Assistance for Law Enforcement Act.
  ``(e) Limitations on Orders.--No order entered under this section may 
authorize or approve the interception of any wire, oral, or electronic 
communication for any period longer than is necessary to achieve the 
objective of the authorization, nor in any event longer than thirty 
days. Such thirty-day period begins on the earlier of the day on which 
the investigative or law enforcement officer first begins to conduct an 
interception under the order or ten days after the order is entered. 
Extensions of an order may be granted, but only upon application for an 
extension made in accordance with subsection (1) of this section and 
the court making the findings required by subsection (3) of this 
section. The period of extension shall be no longer than the 
authorizing judge deems necessary to achieve the purposes for which it 
was granted and in no event for longer than thirty days. Every order 
and extension thereof shall contain a provision that the authorization 
to intercept shall be executed as soon as practicable, shall be 
conducted in such a way as to minimize the interception of 
communications not otherwise subject to interception under this 
chapter, and must terminate upon attainment of the authorized 
objective, or in any event in thirty days. In the event the intercepted 
communication is in a code or foreign language, and an expert in that 
foreign language or code is not reasonably available during the 
interception period, minimization may be accomplished as soon as 
practicable after such interception. An interception under this chapter 
may be conducted in whole or in part by Government personnel, or by an 
individual operating under a contract with the Government, acting under 
the supervision of an investigative or law enforcement officer 
authorized to conduct the interception.
  ``(f) Reports to Issuing Judge.--Whenever an order authorizing 
interception is entered pursuant to this chapter, the order may require 
reports to be made to the judge who issued the order showing what 
progress has been made toward achievement of the authorized objective 
and the need for continued interception. Such reports shall be made at 
such intervals as the judge may require.
  ``(g) Emergency Situations.--Notwithstanding any other provision of 
this chapter, any investigative or law enforcement officer, specially 
designated by the Attorney General, the Deputy Attorney General, the 
Associate Attorney General, or by the principal prosecuting attorney of 
any State or subdivision thereof acting pursuant to a statute of that 
State, who reasonably determines that--
          ``(1) an emergency situation exists that involves--
                  ``(A) immediate danger of death or serious physical 
                injury to any person,
                  ``(B) conspiratorial activities threatening the 
                national security interest, or
                  ``(C) conspiratorial activities characteristic of 
                organized crime,
        that requires a wire, oral, or electronic communication to be 
        intercepted before an order authorizing such interception can, 
        with due diligence, be obtained, and
          ``(2) there are grounds upon which an order could be entered 
        under this chapter to authorize such interception,
may intercept such wire, oral, or electronic communication if an 
application for an order approving the interception is made in 
accordance with this section within forty-eight hours after the 
interception has occurred, or begins to occur. In the absence of an 
order, such interception shall immediately terminate when the 
communication sought is obtained or when the application for the order 
is denied, whichever is earlier. In the event such application for 
approval is denied, or in any other case where the interception is 
terminated without an order having been issued, the contents of any 
wire, oral, or electronic communication intercepted shall be treated as 
having been obtained in violation of this chapter, and an inventory 
shall be served as provided for in subsection (d) of this section on 
the person named in the application.
  ``(h) Recording of Interception.--(1) The contents of any wire, oral, 
or electronic communication intercepted by any means authorized by this 
chapter shall, if possible, be recorded on tape or wire or other 
comparable device. The recording of the contents of any wire, oral, or 
electronic communication under this subsection shall be done in such a 
way as will protect the recording from editing or other alterations. 
Immediately upon the expiration of the period of the order, or 
extensions thereof, such recordings shall be made available to the 
judge issuing such order and sealed under his directions. Custody of 
the recordings shall be wherever the judge orders. They shall not be 
destroyed except upon an order of the issuing or denying judge and in 
any event shall be kept for ten years. Duplicate recordings may be made 
for use or disclosure pursuant to the provisions of subsections (1) and 
(2) of section 3119B of this chapter for investigations. The presence 
of the seal provided for by this subsection, or a satisfactory 
explanation for the absence thereof, shall be a prerequisite for the 
use or disclosure of the contents of any wire, oral, or electronic 
communication or evidence derived therefrom under subsection (3) of 
section 3119B.
  ``(2) Applications made and orders granted under this chapter shall 
be sealed by the judge. Custody of the applications and orders shall be 
wherever the judge directs. Such applications and orders shall be 
disclosed only upon a showing of good cause before a judge of competent 
jurisdiction and shall not be destroyed except on order of the issuing 
or denying judge, and in any event shall be kept for ten years.
  ``(3) Any violation of the provisions of this subsection may be 
punished as contempt of the issuing or denying judge.
  ``(4) Within a reasonable time but not later than ninety days after 
the filing of an application for an order of approval under section 
3119C(7)(b) which is denied or the termination of the period of an 
order or extensions thereof, the issuing or denying judge shall cause 
to be served, on the persons named in the order or the application, and 
such other parties to intercepted communications as the judge may 
determine in his discretion that is in the interest of justice, an 
inventory which shall include notice of--
          ``(A) the fact of the entry of the order or the application;
          ``(B) the date of the entry and the period of authorized, 
        approved or disapproved interception, or the denial of the 
        application; and
          ``(C) the fact that during the period wire, oral, or 
        electronic communications were or were not intercepted.
        The judge, upon the filing of a motion, may in his discretion 
        make available to such person or his counsel for inspection 
        such portions of the intercepted communications, applications 
        and orders as the judge determines to be in the interest of 
        justice. On an ex parte showing of good cause to a judge of 
        competent jurisdiction the serving of the inventory required by 
        this subsection may be postponed.
  ``(i) Exclusion as Evidence.--The contents of any wire, oral, or 
electronic communication intercepted pursuant to this chapter or 
evidence derived therefrom shall not be received in evidence or 
otherwise disclosed in any trial, hearing, or other proceeding in a 
Federal or State court unless each party, not less than ten days before 
the trial, hearing, or proceeding, has been furnished with a copy of 
the court order, and accompanying application, under which the 
interception was authorized or approved. This ten-day period may be 
waived by the judge if he finds that it was not possible to furnish the 
party with the above information ten days before the trial, hearing, or 
proceeding and that the party will not be prejudiced by the delay in 
receiving such information.
  ``(j) Move To Suppress.--(1) Any aggrieved person in any trial, 
hearing, or proceeding in or before any court, department, officer, 
agency, regulatory body, or other authority of the United States, a 
State, or a political subdivision thereof, may move to suppress the 
contents of any wire or oral communication intercepted pursuant to this 
chapter, or evidence derived therefrom, on the grounds that--
          ``(A) the communication was unlawfully intercepted;
          ``(B) the order of authorization or approval under which it 
        was intercepted is insufficient on its face; or
          ``(C) the interception was not made in conformity with the 
        order of authorization or approval.
        Such motion shall be made before the trial, hearing, or 
        proceeding unless there was no opportunity to make such motion 
        or the person was not aware of the grounds of the motion. If 
        the motion is granted, the contents of the intercepted wire or 
        oral communication, or evidence derived therefrom, shall be 
        treated as having been obtained in violation of this chapter. 
        The judge, upon the filing of such motion by the aggrieved 
        person, may in his discretion make available to the aggrieved 
        person or his counsel for inspection such portions of the 
        intercepted communication or evidence derived therefrom as the 
        judge determines to be in the interests of justice.
  ``(2) In addition to any other right to appeal, the United States 
shall have the right to appeal from an order granting a motion to 
suppress made under paragraph (1), or the denial of an application for 
an order of approval, if the United States attorney shall certify to 
the judge or other official granting such motion or denying such 
application that the appeal is not taken for purposes of delay. Such 
appeal shall be taken within thirty days after the date the order was 
entered and shall be diligently prosecuted.
  ``(3) The remedies and sanctions described in this chapter with 
respect to the interception of electronic communications are the only 
judicial remedies and sanctions for nonconstitutional violations of 
this chapter involving such communications.
  ``(k) Exception to Specification of Facility Requirements.--The 
requirements of subsections (a)(2)(B) and (c)(4) relating to the 
specification of the facilities from which, or the place where, the 
communication is to be intercepted do not apply if--
          ``(1) in the case of an application with respect to the 
        interception of an oral communication--
                  ``(A) the application is by a Federal investigative 
                or law enforcement officer and is approved by the 
                Attorney General, the Deputy Attorney General, the 
                Associate Attorney General, an Assistant Attorney 
                General, or an acting Assistant Attorney General;
                  ``(B) the application contains a full and complete 
                statement as to why such specification is not practical 
                and identifies the person committing the offense and 
                whose communications are to be intercepted; and
                  ``(C) the judge finds that such specification is not 
                practical; and
          ``(2) in the case of an application with respect to a wire or 
        electronic communication--
                  ``(A) the application is by a Federal investigative 
                or law enforcement officer and is approved by the 
                Attorney General, the Deputy Attorney General, the 
                Associate Attorney General, an Assistant Attorney 
                General, or an acting Assistant Attorney General;
                  ``(B) the application identifies the person believed 
                to be committing the offense and whose communications 
                are to be intercepted and the applicant makes a showing 
                that there is probable cause to believe that the 
                person's actions could have the effect of thwarting 
                interception from a specified facility;
                  ``(C) the judge finds that such showing has been 
                adequately made; and
                  ``(D) the order authorizing or approving the 
                interception is limited to interception only for such 
                time as it is reasonable to presume that the person 
                identified in the application is or was reasonably 
                proximate to the instrument through which such 
                communication will be or was transmitted.
  ``(l) Beginning of Certain Interceptions.--An interception of a 
communication under an order with respect to which the requirements of 
subsections (a)(2)(B) and (c)(4) of this section do not apply by reason 
of subsection (k)(1) shall not begin until the place where the 
communication is to be intercepted is ascertained by the person 
implementing the interception order. A provider of wire or electronic 
communications service that has received an order as provided for in 
subsection (k)(2) may move the court to modify or quash the order on 
the ground that its assistance with respect to the interception cannot 
be performed in a timely or reasonable fashion. The court, upon notice 
to the government, shall decide such a motion expeditiously.
``Sec. 3119D. Reports concerning intercepted wire, oral, or electronic 
              communications
  ``(a) 30 Days After Expiration of Order.--Within 30 days after the 
expiration of an order (or each extension thereof) entered under 
section 3119C, or the denial of an order approving an interception, the 
issuing or denying judge shall report to the Administrative Office of 
the United States Courts--
          ``(1) the fact that an order or extension was applied for;
          ``(2) the kind of order or extension applied for (including 
        whether or not the order was an order with respect to which the 
        requirements of sections 1498(1)(b)(ii) and 1498(3)(d) of this 
        title did not apply by reason of section 3119C(3)(d) of this 
        title);
          ``(3) the fact that the order or extension was granted as 
        applied for, was modified, or was denied;
          ``(4) the period of interceptions authorized by the order, 
        and the number and duration of any extensions of the order;
          ``(5) the offense specified in the order or application, or 
        extension of an order;
          ``(6) the identity of the applying investigative or law 
        enforcement officer and agency making the application and the 
        person authorizing the application; and
          ``(7) the nature of the facilities from which or the place 
        where communications were to be intercepted.
  ``(b) Annual Justice Department Report.--In January of each year the 
Attorney General, an Assistant Attorney General specially designated by 
the Attorney General, or the principal prosecuting attorney of a State, 
or the principal prosecuting attorney for any political subdivision of 
a State, shall report to the Administrative Office of the United States 
Courts--
          ``(1) the information required by paragraphs (a) through (g) 
        of subsection (1) of this section with respect to each 
        application for an order or extension made during the preceding 
        calendar year;
          ``(2) a general description of the interceptions made under 
        such order or extension, including (i) the approximate nature 
        and frequency of incriminating communications intercepted, (ii) 
        the approximate nature and frequency of other communications 
        intercepted, (iii) the approximate number of persons whose 
        communications were intercepted, (iv) the number of orders in 
        which encryption was encountered and whether such encryption 
        prevented law enforcement from obtaining the plain text of 
        communications intercepted pursuant to such order, and (v) the 
        approximate nature, amount, and cost of the manpower and other 
        resources used in the interceptions;
          ``(3) the number of arrests resulting from interceptions made 
        under such order or extension, and the offenses for which 
        arrests were made;
          ``(4) the number of trials resulting from such interceptions;
          ``(5) the number of motions to suppress made with respect to 
        such interceptions, and the number granted or denied;
          ``(6) the number of convictions resulting from such 
        interceptions and the offenses for which the convictions were 
        obtained and a general assessment of the importance of the 
        interceptions; and
          ``(7) the information required by paragraphs (b) through (f) 
        of this subsection with respect to orders or extensions 
        obtained in a preceding calendar year.
  ``(c) Report to Congress.--In April of each year the Director of the 
Administrative Office of the United States Courts shall transmit to the 
Congress a full and complete report concerning the number of 
applications for orders authorizing or approving the interception of 
wire, oral, or electronic communications pursuant to this chapter and 
the number of orders and extensions granted or denied pursuant to this 
chapter during the preceding calendar year. Such report shall include a 
summary and analysis of the data required to be filed with the 
Administrative Office by subsections (a) and (b) of this section. The 
Director of the Administrative Office of the United States Courts is 
authorized to issue binding regulations dealing with the content and 
form of the reports required to be filed by subsections (a) and (b).
``Sec. 3119E. Recovery of civil damages authorized
  ``(a) In General.--Except as provided in section 1492(2)(a)(ii), any 
person whose wire, oral, or electronic communication is intercepted, 
disclosed, or intentionally used in violation of subchapter B of 
chapter 37 may in a civil action recover from the person or entity, 
other than the United States, which engaged in that violation such 
relief as may be appropriate.
  ``(b) Relief.--In an action under this section, appropriate relief 
includes--
          ``(1) such preliminary and other equitable or declaratory 
        relief as may be appropriate;
          ``(2) damages under subsection (c) and punitive damages in 
        appropriate cases; and
          ``(3) a reasonable attorney's fee and other litigation costs 
        reasonably incurred.
  ``(c) Computation of Damages.--(1) In an action under this section, 
if the conduct in violation of this chapter is the private viewing of a 
private satellite video communication that is not scrambled or 
encrypted or if the communication is a radio communication that is 
transmitted on frequencies allocated under subpart D of part 74 of the 
rules of the Federal Communications Commission that is not scrambled or 
encrypted and the conduct is not for a tortious or illegal purpose or 
for purposes of direct or indirect commercial advantage or private 
commercial gain, then the court shall assess damages as follows:
          ``(A) If the person who engaged in that conduct has not 
        previously been enjoined under section 1492, and has not been 
        found liable in a prior civil action under this section, the 
        court shall assess the greater of the sum of actual damages 
        suffered by the plaintiff, or statutory damages of not less 
        than $50 and not more than $500.
          ``(B) If, on one prior occasion, the person who engaged in 
        that conduct has been enjoined under section 2511(5) or has 
        been found liable in a civil action under this section, the 
        court shall assess the greater of the sum of actual damages 
        suffered by the plaintiff, or statutory damages of not less 
        than $100 and not more than $1000.
  ``(2) In any other action under this section, the court may assess as 
damages whichever is the greater of--
          ``(A) the sum of the actual damages suffered by the plaintiff 
        and any profits made by the violator as a result of the 
        violation; or
          ``(B) statutory damages of whichever is the greater of $100 a 
        day for each day of violation or $10,000.
  ``(d) Defense.--A good faith reliance on--
          ``(1) a court warrant or order, a grand jury subpoena, a 
        legislative authorization, or a statutory authorization;
          ``(2) a request of an investigative or law enforcement 
        officer under section 3119C(7) of this title; or
          ``(3) a good faith determination that section 1492(3) or 
        2511(2)(i) of this title permitted the conduct complained of;
is a complete defense against any civil or criminal action brought 
under this chapter or any other law.
  ``(e) Limitation.--A civil action under this section may not be 
commenced later than two years after the date upon which the claimant 
first has a reasonable opportunity to discover the violation.
  ``(f) Administrative Discipline.--If a court or appropriate 
department or agency determines that the United States or any of its 
departments or agencies has violated any provision of this chapter, and 
the court or appropriate department or agency finds that the 
circumstances surrounding the violation raise serious questions about 
whether or not an officer or employee of the United States acted 
willfully or intentionally with respect to the violation, the 
department or agency shall, upon receipt of a true and correct copy of 
the decision and findings of the court or appropriate department or 
agency promptly initiate a proceeding to determine whether disciplinary 
action against the officer or employee is warranted. If the head of the 
department or agency involved determines that disciplinary action is 
not warranted, he or she shall notify the Inspector General with 
jurisdiction over the department or agency concerned and shall provide 
the Inspector General with the reasons for such determination.
  ``(g) Improper Disclosure Is Violation.--Any willful disclosure or 
use by an investigative or law enforcement officer or governmental 
entity of information beyond the extent permitted by section 2517 is a 
violation of this chapter for purposes of subsection (a).
``Sec. 3119F. Injunction against illegal interception
  ``Whenever it shall appear that any person is engaged or is about to 
engage in any act which constitutes or will constitute a felony 
violation of this chapter, the Attorney General may initiate a civil 
action in a district court of the United States to enjoin such 
violation. The court shall proceed as soon as practicable to the 
hearing and determination of such an action, and may, at any time 
before final determination, enter such a restraining order or 
prohibition, or take such other action, as is warranted to prevent a 
continuing and substantial injury to the United States or to any person 
or class of persons for whose protection the action is brought. A 
proceeding under this section is governed by the Federal Rules of Civil 
Procedure, except that, if an indictment has been returned against the 
respondent, discovery is governed by the Federal Rules of Criminal 
Procedure.
``Sec. 3119G. Enforcement of the Communications Assistance for Law 
              Enforcement Act
  ``(a) Enforcement by Court Issuing Surveillance Order.--If a court 
authorizing an interception under this chapter, a State statute, or the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 
or authorizing use of a pen register or a trap and trace device under 
chapter 206 or a State statute finds that a telecommunications carrier 
has failed to comply with the requirements of the Communications 
Assistance for Law Enforcement Act, the court may, in accordance with 
section 108 of such Act, direct that the carrier comply forthwith and 
may direct that a provider of support services to the carrier or the 
manufacturer of the carrier's transmission or switching equipment 
furnish forthwith modifications necessary for the carrier to comply.
  ``(b) Enforcement Upon Application by Attorney General.--The Attorney 
General may, in a civil action in the appropriate United States 
district court, obtain an order, in accordance with section 108 of the 
Communications Assistance for Law Enforcement Act, directing that a 
telecommunications carrier, a manufacturer of telecommunications 
transmission or switching equipment, or a provider of 
telecommunications support services comply with such Act.
  ``(c) Civil Penalty.--
          ``(1) In general.--A court issuing an order under this 
        section against a telecommunications carrier, a manufacturer of 
        telecommunications transmission or switching equipment, or a 
        provider of telecommunications support services may impose a 
        civil penalty of up to $10,000 per day for each day in 
        violation after the issuance of the order or after such future 
        date as the court may specify.
          ``(2) Considerations.--In determining whether to impose a 
        civil penalty and in determining its amount, the court shall 
        take into account--
                  ``(A) the nature, circumstances, and extent of the 
                violation;
                  ``(B) the violator's ability to pay, the violator's 
                good faith efforts to comply in a timely manner, any 
                effect on the violator's ability to continue to do 
                business, the degree of culpability, and the length of 
                any delay in undertaking efforts to comply; and
                  ``(C) such other matters as justice may require.
  ``(d) Definitions.--As used in this section, the terms defined in 
section 102 of the Communications Assistance for Law Enforcement Act 
have the meanings provided, respectively, in such section.
``Sec. 3119H. Definitions
    ``Unless otherwise provided, a term defined for the purposes of 
subchapter B of chapter 37 shall have the same meaning for the purposes 
of this chapter.

``CHAPTER 206B--PROCEDURAL AND RELATED PROVISIONS PERTAINING TO 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.
``Sec. 3120. Voluntary disclosure of customer communications or records
  ``(a) Prohibitions.--Except as provided in subsection (b)--
          ``(1) a person or entity providing an electronic 
        communication service to the public shall not knowingly divulge 
        to any person or entity the contents of a communication while 
        in electronic storage by that service; and
          ``(2) a person or entity providing remote computing service 
        to the public shall not knowingly divulge to any person or 
        entity the contents of any communication which is carried or 
        maintained on that service--
                  ``(A) on behalf of, and received by means of 
                electronic transmission from (or created by means of 
                computer processing of communications received by means 
                of electronic transmission from), a subscriber or 
                customer of such service;
                  ``(B) solely for the purpose of providing storage or 
                computer processing services to such subscriber or 
                customer, if the provider is not authorized to access 
                the contents of any such communications for purposes of 
                providing any services other than storage or computer 
                processing; and
          ``(3) a provider of remote computing service or electronic 
        communication service to the public shall not knowingly divulge 
        a record or other information pertaining to a subscriber to or 
        customer of such service (not including the contents of 
        communications covered by paragraph (1) or (2)) to any 
        governmental entity.
  ``(b) Exceptions for Disclosure of Communications.--A provider 
described in subsection (a) may divulge the contents of a 
communication--
          ``(1) to an addressee or intended recipient of such 
        communication or an agent of such addressee or intended 
        recipient;
          ``(2) as otherwise authorized in section 3119B, 1492, or 1523 
        of this title;
          ``(3) with the lawful consent of the originator or an 
        addressee or intended recipient of such communication, or the 
        subscriber in the case of remote computing service;
          ``(4) to a person employed or authorized or whose facilities 
        are used to forward such communication to its destination;
          ``(5) as may be necessarily incident to the rendition of the 
        service or to the protection of the rights or property of the 
        provider of that service;
          ``(6) to the National Center for Missing and Exploited 
        Children, in connection with a report submitted thereto under 
        section 227 of the Victims of Child Abuse Act of 1990 (42 
        U.S.C. 13032);
          ``(7) to a law enforcement agency if the contents--
                  ``(A) were inadvertently obtained by the service 
                provider; and
                  ``(B) appear to pertain to the commission of a crime; 
                and
          ``(8) to a Federal, State, or local governmental entity, if 
        the provider, in good faith, believes that an emergency 
        involving danger of death or serious physical injury to any 
        person requires disclosure without delay of communications 
        relating to the emergency.
  ``(c) Exceptions for Disclosure of Customer Records.--A provider 
described in subsection (a) may divulge a record or other information 
pertaining to a subscriber to or customer of such service (not 
including the contents of communications covered by subsection (a)(1) 
or (a)(2))--
          ``(1) as otherwise authorized in section 3120A;
          ``(2) with the lawful consent of the customer or subscriber;
          ``(3) as may be necessarily incident to the rendition of the 
        service or to the protection of the rights or property of the 
        provider of that service;
          ``(4) to a governmental entity, if the provider reasonably 
        believes that an emergency involving immediate danger of death 
        or serious physical injury to any person justifies disclosure 
        of the information;
          ``(5) to the National Center for Missing and Exploited 
        Children, in connection with a report submitted thereto under 
        section 227 of the Victims of Child Abuse Act of 1990 (42 
        U.S.C. 13032); or
          ``(6) to any person other than a governmental entity.
``Sec. 3120A. Required disclosure of customer communications or records
  ``(a) Contents of Wire or Electronic Communications in Electronic 
Storage.--A governmental entity may require the disclosure by a 
provider of electronic communication service of the contents of a wire 
or electronic communication, that is in electronic storage in an 
electronic communications system for one hundred and eighty days or 
less, only pursuant to a warrant issued using the procedures described 
in the Federal Rules of Criminal Procedure by a court with jurisdiction 
over the offense under investigation or equivalent State warrant. A 
governmental entity may require the disclosure by a provider of 
electronic communications services of the contents of a wire or 
electronic communication that has been in electronic storage in an 
electronic communications system for more than one hundred and eighty 
days by the means available under subsection (b) of this section.
  ``(b) Contents of Wire or Electronic Communications in a Remote 
Computing Service.--(1) A governmental entity may require a provider of 
remote computing service to disclose the contents of any wire or 
electronic communication to which this paragraph is made applicable by 
paragraph (2) of this subsection--
          ``(A) without required notice to the subscriber or customer, 
        if the governmental entity obtains a warrant issued using the 
        procedures described in the Federal Rules of Criminal Procedure 
        by a court with jurisdiction over the offense under 
        investigation or equivalent State warrant; or
          ``(B) with prior notice from the governmental entity to the 
        subscriber or customer if the governmental entity--
                  ``(i) uses an administrative subpoena authorized by a 
                Federal or State statute or a Federal or State grand 
                jury or trial subpoena; or
                  ``(ii) obtains a court order for such disclosure 
                under subsection (d) of this section;
        except that delayed notice may be given pursuant to section 
        3120C of this title.
  ``(2) Paragraph (1) is applicable with respect to any wire or 
electronic communication that is held or maintained on that service--
          ``(A) on behalf of, and received by means of electronic 
        transmission from (or created by means of computer processing 
        of communications received by means of electronic transmission 
        from), a subscriber or customer of such remote computing 
        service; and
          ``(B) solely for the purpose of providing storage or computer 
        processing services to such subscriber or customer, if the 
        provider is not authorized to access the contents of any such 
        communications for purposes of providing any services other 
        than storage or computer processing.
  ``(c) Records Concerning Electronic Communication Service or Remote 
Computing Service.--(1) governmental entity may require a provider of 
electronic communication service or remote computing service to 
disclose a record or other information pertaining to a subscriber to or 
customer of such service (not including the contents of communications) 
only when the governmental entity--
          ``(A) obtains a warrant issued using the procedures described 
        in the Federal Rules of Criminal Procedure by a court with 
        jurisdiction over the offense under investigation or equivalent 
        State warrant;
          ``(B) obtains a court order for such disclosure under 
        subsection (d) of this section;
          ``(C) has the consent of the subscriber or customer to such 
        disclosure;
          ``(D) submits a formal written request relevant to a law 
        enforcement investigation concerning telemarketing fraud for 
        the name, address, and place of business of a subscriber or 
        customer of such provider, which subscriber or customer is 
        engaged in telemarketing (as such term is defined in section 
        2325 of this title); or
          ``(E) seeks information under paragraph (2).
  ``(2) A provider of electronic communication service or remote 
computing service shall disclose to a governmental entity the--
          ``(A) name;
          ``(B) address;
          ``(C) local and long distance telephone connection records, 
        or records of session times and durations;
          ``(D) length of service (including start date) and types of 
        service utilized;
          ``(E) telephone or instrument number or other subscriber 
        number or identity, including any temporarily assigned network 
        address; and
          ``(F) means and source of payment for such service (including 
        any credit card or bank account number),
of a subscriber to or customer of such service when the governmental 
entity uses an administrative subpoena authorized by a Federal or State 
statute or a Federal or State grand jury or trial subpoena or any means 
available under paragraph (1).
  ``(3) A governmental entity receiving records or information under 
this subsection is not required to provide notice to a subscriber or 
customer.
  ``(d) Requirements for Court Order.--A court order for disclosure 
under subsection (b) or (c) may be issued by any court that is a court 
of competent jurisdiction and shall issue only if the governmental 
entity offers specific and articulable facts showing that there are 
reasonable grounds to believe that the contents of a wire or electronic 
communication, or the records or other information sought, are relevant 
and material to an ongoing criminal investigation. In the case of a 
State governmental authority, such a court order shall not issue if 
prohibited by the law of such State. A court issuing an order pursuant 
to this section, on a motion made promptly by the service provider, may 
quash or modify such order, if the information or records requested are 
unusually voluminous in nature or compliance with such order otherwise 
would cause an undue burden on such provider.
  ``(e) No Cause of Action Against a Provider Disclosing Information 
Under This Chapter.--No cause of action shall lie in any court against 
any provider of wire or electronic communication service, its officers, 
employees, agents, or other specified persons for providing 
information, facilities, or assistance in accordance with the terms of 
a court order, warrant, subpoena, statutory authorization, or 
certification under this chapter.
  ``(f) Requirement To Preserve Evidence.--
          ``(1) In general.--A provider of wire or electronic 
        communication services or a remote computing service, upon the 
        request of a governmental entity, shall take all necessary 
        steps to preserve records and other evidence in its possession 
        pending the issuance of a court order or other process.
          ``(2) Period of retention.--Records referred to in paragraph 
        (1) shall be retained for a period of 90 days, which shall be 
        extended for an additional 90-day period upon a renewed request 
        by the governmental entity.
  ``(g) Presence of Officer Not Required.--Notwithstanding section 3105 
of this title, the presence of an officer shall not be required for 
service or execution of a search warrant issued in accordance with this 
chapter requiring disclosure by a provider of electronic communications 
service or remote computing service of the contents of communications 
or records or other information pertaining to a subscriber to or 
customer of such service.
``Sec. 3120B. Backup preservation
  ``(a) Backup Preservation.--(1) A governmental entity acting under 
section 3120A(b)(2) may include in its subpoena or court order a 
requirement that the service provider to whom the request is directed 
create a backup copy of the contents of the electronic communications 
sought in order to preserve those communications. Without notifying the 
subscriber or customer of such subpoena or court order, such service 
provider shall create such backup copy as soon as practicable 
consistent with its regular business practices and shall confirm to the 
governmental entity that such backup copy has been made. Such backup 
copy shall be created within two business days after receipt by the 
service provider of the subpoena or court order.
  ``(2) Notice to the subscriber or customer shall be made by the 
governmental entity within three days after receipt of such 
confirmation, unless such notice is delayed pursuant to section 
3120C(a).
  ``(3) The service provider shall not destroy such backup copy until 
the later of--
          ``(A) the delivery of the information; or
          ``(B) the resolution of any proceedings (including appeals of 
        any proceeding) concerning the government's subpoena or court 
        order.
  ``(4) The service provider shall release such backup copy to the 
requesting governmental entity no sooner than fourteen days after the 
governmental entity's notice to the subscriber or customer if such 
service provider--
          ``(A) has not received notice from the subscriber or customer 
        that the subscriber or customer has challenged the governmental 
        entity's request; and
          ``(B) has not initiated proceedings to challenge the request 
        of the governmental entity.
  ``(5) A governmental entity may seek to require the creation of a 
backup copy under subsection (a)(1) of this section if in its sole 
discretion such entity determines that there is reason to believe that 
notification under section 1524B of this title of the existence of the 
subpoena or court order may result in destruction of or tampering with 
evidence. This determination is not subject to challenge by the 
subscriber or customer or service provider.
  ``(b) Customer Challenges.--(1) Within 14 days after notice by the 
governmental entity to the subscriber or customer under subsection 
(a)(2) of this section, such subscriber or customer may file a motion 
to quash such subpoena or vacate such court order, with copies served 
upon the governmental entity and with written notice of such challenge 
to the service provider. A motion to vacate a court order shall be 
filed in the court which issued such order. A motion to quash a 
subpoena shall be filed in the appropriate United States district court 
or State court. Such motion or application shall contain an affidavit 
or sworn statement--
          ``(A) stating that the applicant is a customer or subscriber 
        to the service from which the contents of electronic 
        communications maintained for him have been sought; and
          ``(B) stating the applicant's reasons for believing that the 
        records sought are not relevant to a legitimate law enforcement 
        inquiry or that there has not been substantial compliance with 
        the provisions of this chapter in some other respect.
  ``(2) Service shall be made under this section upon a governmental 
entity by delivering or mailing by registered or certified mail a copy 
of the papers to the person, office, or department specified in the 
notice which the customer has received pursuant to this chapter. For 
the purposes of this section, the term `delivery' has the meaning given 
that term in the Federal Rules of Civil Procedure.
  ``(3) If the court finds that the customer has complied with 
paragraphs (1) and (2) of this subsection, the court shall order the 
governmental entity to file a sworn response, which may be filed in 
camera if the governmental entity includes in its response the reasons 
which make in camera review appropriate. If the court is unable to 
determine the motion or application on the basis of the parties' 
initial allegations and response, the court may conduct such additional 
proceedings as it deems appropriate. All such proceedings shall be 
completed and the motion or application decided as soon as practicable 
after the filing of the governmental entity's response.
  ``(4) If the court finds that the applicant is not the subscriber or 
customer for whom the communications sought by the governmental entity 
are maintained, or that there is a reason to believe that the law 
enforcement inquiry is legitimate and that the communications sought 
are relevant to that inquiry, it shall deny the motion or application 
and order such process enforced. If the court finds that the applicant 
is the subscriber or customer for whom the communications sought by the 
governmental entity are maintained, and that there is not a reason to 
believe that the communications sought are relevant to a legitimate law 
enforcement inquiry, or that there has not been substantial compliance 
with the provisions of this chapter, it shall order the process 
quashed.
  ``(5) A court order denying a motion or application under this 
section shall not be deemed a final order and no interlocutory appeal 
may be taken therefrom by the customer.
``Sec. 3120C. Delayed notice
  ``(a) Delay of Notification.--(1) A governmental entity acting under 
section 3120A(b) of this title may--
          ``(A) where a court order is sought, include in the 
        application a request, which the court shall grant, for an 
        order delaying the notification required under section 3120A(b) 
        of this title for a period not to exceed ninety days, if the 
        court determines that there is reason to believe that 
        notification of the existence of the court order may have an 
        adverse result described in paragraph (2) of this subsection; 
        or
          ``(B) where an administrative subpoena authorized by a 
        Federal or State statute or a Federal or State grand jury 
        subpoena is obtained, delay the notification required under 
        section 3120A(b) of this title for a period not to exceed 
        ninety days upon the execution of a written certification of a 
        supervisory official that there is reason to believe that 
        notification of the existence of the subpoena may have an 
        adverse result described in paragraph (2) of this subsection.
  ``(2) An adverse result for the purposes of paragraph (1) of this 
subsection is--
          ``(A) endangering the life or physical safety of an 
        individual;
          ``(B) flight from prosecution;
          ``(C) destruction of or tampering with evidence;
          ``(D) intimidation of potential witnesses; or
          ``(E) otherwise seriously jeopardizing an investigation or 
        unduly delaying a trial.
  ``(3) The governmental entity shall maintain a true copy of 
certification under paragraph (1)(B).
  ``(4) Extensions of the delay of notification provided in section 
3120A of up to ninety days each may be granted by the court upon 
application, or by certification by a governmental entity, but only in 
accordance with subsection (b) of this section.
  ``(5) Upon expiration of the period of delay of notification under 
paragraph (1) or (4) of this subsection, the governmental entity shall 
serve upon, or deliver by registered or first-class mail to, the 
customer or subscriber a copy of the process or request together with 
notice that--
          ``(A) states with reasonable specificity the nature of the 
        law enforcement inquiry; and
          ``(B) informs such customer or subscriber--
                  ``(i) that information maintained for such customer 
                or subscriber by the service provider named in such 
                process or request was supplied to or requested by that 
                governmental authority and the date on which the 
                supplying or request took place;
                  ``(ii) that notification of such customer or 
                subscriber was delayed;
                  ``(iii) what governmental entity or court made the 
                certification or determination pursuant to which that 
                delay was made; and
                  ``(iv) which provision of this chapter allowed such 
                delay.
  ``(6) As used in this subsection, the term `supervisory official' 
means the investigative agent in charge or assistant investigative 
agent in charge or an equivalent of an investigating agency's 
headquarters or regional office, or the chief prosecuting attorney or 
the first assistant prosecuting attorney or an equivalent of a 
prosecuting attorney's headquarters or regional office.
  ``(b) Preclusion of Notice to Subject of Governmental Access.--A 
governmental entity acting under section 3120A, when it is not required 
to notify the subscriber or customer under section 3120A(b)(1), or to 
the extent that it may delay such notice pursuant to subsection (a) of 
this section, may apply to a court for an order commanding a provider 
of electronic communications service or remote computing service to 
whom a warrant, subpoena, or court order is directed, for such period 
as the court deems appropriate, not to notify any other person of the 
existence of the warrant, subpoena, or court order. The court shall 
enter such an order if it determines that there is reason to believe 
that notification of the existence of the warrant, subpoena, or court 
order will result in--
          ``(1) endangering the life or physical safety of an 
        individual;
          ``(2) flight from prosecution;
          ``(3) destruction of or tampering with evidence;
          ``(4) intimidation of potential witnesses; or
          ``(5) otherwise seriously jeopardizing an investigation or 
        unduly delaying a trial.
``Sec. 3120D. Cost reimbursement
  ``(a) Payment.--Except as otherwise provided in subsection (c), a 
governmental entity obtaining the contents of communications, records, 
or other information under section 3120, 3120A, or 3120B shall pay to 
the person or entity assembling or providing such information a fee for 
reimbursement for such costs as are reasonably necessary and which have 
been directly incurred in searching for, assembling, reproducing, or 
otherwise providing such information. Such reimbursable costs shall 
include any costs due to necessary disruption of normal operations of 
any electronic communication service or remote computing service in 
which such information may be stored.
  ``(b) Amount.--The amount of the fee provided by subsection (a) shall 
be as mutually agreed by the governmental entity and the person or 
entity providing the information, or, in the absence of agreement, 
shall be as determined by the court which issued the order for 
production of such information (or the court before which a criminal 
prosecution relating to such information would be brought, if no court 
order was issued for production of the information).
  ``(c) Exception.--The requirement of subsection (a) of this section 
does not apply with respect to records or other information maintained 
by a communications common carrier that relate to telephone toll 
records and telephone listings obtained under section 2703 of this 
title. The court may, however, order a payment as described in 
subsection (a) if the court determines the information required is 
unusually voluminous in nature or otherwise caused an undue burden on 
the provider.
``Sec. 3120E. Civil action
  ``(a) Cause of Action.--Except as provided in section 3120A(e), any 
provider of electronic communication service, subscriber, or other 
person aggrieved by any violation of this chapter in which the conduct 
constituting the violation is engaged in with a knowing or intentional 
state of mind may, in a civil action, recover from the person or 
entity, other than the United States, which engaged in that violation 
such relief as may be appropriate.
  ``(b) Relief.--In a civil action under this section, appropriate 
relief includes--
          ``(1) such preliminary and other equitable or declaratory 
        relief as may be appropriate;
          ``(2) damages under subsection (c); and
          ``(3) a reasonable attorney's fee and other litigation costs 
        reasonably incurred.
  ``(c) Damages.--The court may assess as damages in a civil action 
under this section the sum of the actual damages suffered by the 
plaintiff and any profits made by the violator as a result of the 
violation, but in no case shall a person entitled to recover receive 
less than the sum of $1,000. If the violation is willful or 
intentional, the court may assess punitive damages. In the case of a 
successful action to enforce liability under this section, the court 
may assess the costs of the action, together with reasonable attorney 
fees determined by the court.
  ``(d) Administrative Discipline.--If a court or appropriate 
department or agency determines that the United States or any of its 
departments or agencies has violated any provision of this chapter, and 
the court or appropriate department or agency finds that the 
circumstances surrounding the violation raise serious questions about 
whether or not an officer or employee of the United States acted 
willfully or intentionally with respect to the violation, the 
department or agency shall, upon receipt of a true and correct copy of 
the decision and findings of the court or appropriate department or 
agency promptly initiate a proceeding to determine whether disciplinary 
action against the officer or employee is warranted. If the head of the 
department or agency involved determines that disciplinary action is 
not warranted, he or she shall notify the Inspector General with 
jurisdiction over the department or agency concerned and shall provide 
the Inspector General with the reasons for such determination.
  ``(e) Defense.--A good faith reliance on--
          ``(1) a court warrant or order, a grand jury subpoena, a 
        legislative authorization, or a statutory authorization 
        (including a request of a governmental entity under section 
        3120A(f) of this title);
          ``(2) a request of an investigative or law enforcement 
        officer under section 3119C(7) of this title; or
          ``(3) a good faith determination that section 1492(3) of this 
        title permitted the conduct complained of;
is a complete defense to any civil or criminal action brought under 
this chapter or any other law.
  ``(f) Limitation.--A civil action under this section may not be 
commenced later than two years after the date upon which the claimant 
first discovered or had a reasonable opportunity to discover the 
violation.
  ``(g) Improper Disclosure.--Any willful disclosure of a `record', as 
that term is defined in section 552a(a) of title 5, obtained by an 
investigative or law enforcement officer, or a governmental entity, 
pursuant to section 3120A of this title, or from a device installed 
pursuant to section 3123 or 3125 of this title, that is not a 
disclosure made in the proper performance of the official functions of 
the officer or governmental entity making the disclosure, is a 
violation of this chapter. This provision shall not apply to 
information previously lawfully disclosed (prior to the commencement of 
any civil or administrative proceeding under this chapter) to the 
public by a Federal, State, or local governmental entity or by the 
plaintiff in a civil action under this chapter.
``Sec. 3120F. Exclusivity of remedies
  ``The remedies and sanctions described in this chapter are the only 
judicial remedies and sanctions for nonconstitutional violations of 
this chapter.
``Sec. 3120G. Counterintelligence access to telephone toll and 
              transactional records
  ``(a) Duty To Provide.--A wire or electronic communication service 
provider shall comply with a request for subscriber information and 
toll billing records information, or electronic communication 
transactional records in its custody or possession made by the Director 
of the Federal Bureau of Investigation under subsection (b) of this 
section.
  ``(b) Required Certification.--The Director of the Federal Bureau of 
Investigation, or his designee in a position not lower than Deputy 
Assistant Director at Bureau headquarters or a Special Agent in Charge 
in a Bureau field office designated by the Director, may--
          ``(1) request the name, address, length of service, and local 
        and long distance toll billing records of a person or entity if 
        the Director (or his designee) certifies in writing to the wire 
        or electronic communication service provider to which the 
        request is made that the name, address, length of service, and 
        toll billing records sought are relevant to an authorized 
        investigation to protect against international terrorism or 
        clandestine intelligence activities, provided that such an 
        investigation of a United States person is not conducted solely 
        on the basis of activities protected by the first amendment to 
        the Constitution of the United States; and
          ``(2) request the name, address, and length of service of a 
        person or entity if the Director (or his designee) certifies in 
        writing to the wire or electronic communication service 
        provider to which the request is made that the information 
        sought is relevant to an authorized investigation to protect 
        against international terrorism or clandestine intelligence 
        activities, provided that such an investigation of a United 
        States person is not conducted solely upon the basis of 
        activities protected by the first amendment to the Constitution 
        of the United States.
  ``(c) Prohibition of Certain Disclosure.--No wire or electronic 
communication service provider, or officer, employee, or agent thereof, 
shall disclose to any person that the Federal Bureau of Investigation 
has sought or obtained access to information or records under this 
section.
  ``(d) Dissemination by Bureau.--The Federal Bureau of Investigation 
may disseminate information and records obtained under this section 
only as provided in guidelines approved by the Attorney General for 
foreign intelligence collection and foreign counterintelligence 
investigations conducted by the Federal Bureau of Investigation, and, 
with respect to dissemination to an agency of the United States, only 
if such information is clearly relevant to the authorized 
responsibilities of such agency.
  ``(e) Requirement That Certain Congressional Bodies Be Informed.--On 
a semiannual basis the Director of the Federal Bureau of Investigation 
shall fully inform the Permanent Select Committee on Intelligence of 
the House of Representatives and the Select Committee on Intelligence 
of the Senate, and the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate, 
concerning all requests made under subsection (b) of this section.
``Sec. 3120H. Wrongful disclosure of video tape rental or sale records
  ``(a) Definitions.--For purposes of this section--
          ``(1) the term `consumer' means any renter, purchaser, or 
        subscriber of goods or services from a video tape service 
        provider;
          ``(2) the term `ordinary course of business' means only debt 
        collection activities, order fulfillment, request processing, 
        and the transfer of ownership;
          ``(3) the term `personally identifiable information' includes 
        information which identifies a person as having requested or 
        obtained specific video materials or services from a video tape 
        service provider; and
          ``(4) the term `video tape service provider' means any 
        person, engaged in the business, in or affecting interstate or 
        foreign commerce, of rental, sale, or delivery of prerecorded 
        video cassette tapes or similar audio visual materials, or any 
        person or other entity to whom a disclosure is made under 
        subparagraph (D) or (E) of subsection (b)(2), but only with 
        respect to the information contained in the disclosure.
  ``(b) Video Tape Rental and Sale Records.--(1) A video tape service 
provider who knowingly discloses, to any person, personally 
identifiable information concerning any consumer of such provider shall 
be liable to the aggrieved person for the relief provided in subsection 
(d).
  ``(2) A video tape service provider may disclose personally 
identifiable information concerning any consumer--
          ``(A) to the consumer;
          ``(B) to any person with the informed, written consent of the 
        consumer given at the time the disclosure is sought;
          ``(C) to a law enforcement agency pursuant to a warrant 
        issued under the Federal Rules of Criminal Procedure, an 
        equivalent State warrant, a grand jury subpoena, or a court 
        order;
          ``(D) to any person if the disclosure is solely of the names 
        and addresses of consumers and if--
                  ``(i) the video tape service provider has provided 
                the consumer with the opportunity, in a clear and 
                conspicuous manner, to prohibit such disclosure; and
                  ``(ii) the disclosure does not identify the title, 
                description, or subject matter of any video tapes or 
                other audio visual material; however, the subject 
                matter of such materials may be disclosed if the 
                disclosure is for the exclusive use of marketing goods 
                and services directly to the consumer;
          ``(E) to any person if the disclosure is incident to the 
        ordinary course of business of the video tape service provider; 
        or
          ``(F) pursuant to a court order, in a civil proceeding upon a 
        showing of compelling need for the information that cannot be 
        accommodated by any other means, if--
                  ``(i) the consumer is given reasonable notice, by the 
                person seeking the disclosure, of the court proceeding 
                relevant to the issuance of the court order; and
                  ``(ii) the consumer is afforded the opportunity to 
                appear and contest the claim of the person seeking the 
                disclosure.
If an order is granted pursuant to subparagraph (C) or (F), the court 
shall impose appropriate safeguards against unauthorized disclosure.
  ``(3) Court orders authorizing disclosure under subparagraph (C) 
shall issue only with prior notice to the consumer and only if the law 
enforcement agency shows that there is probable cause to believe that 
the records or other information sought are relevant to a legitimate 
law enforcement inquiry. In the case of a State government authority, 
such a court order shall not issue if prohibited by the law of such 
State. A court issuing an order pursuant to this section, on a motion 
made promptly by the video tape service provider, may quash or modify 
such order if the information or records requested are unreasonably 
voluminous in nature or if compliance with such order otherwise would 
cause an unreasonable burden on such provider.
  ``(c) Civil Action.--(1) Any person aggrieved by any act of a person 
in violation of this section may bring a civil action in a United 
States district court.
  ``(2) The court may award--
          ``(A) actual damages but not less than liquidated damages in 
        an amount of $2,500;
          ``(B) punitive damages;
          ``(C) reasonable attorneys' fees and other litigation costs 
        reasonably incurred; and
          ``(D) such other preliminary and equitable relief as the 
        court determines to be appropriate.
  ``(3) No action may be brought under this subsection unless such 
action is begun within 2 years from the date of the act complained of 
or the date of discovery.
  ``(4) No liability shall result from lawful disclosure permitted by 
this section.
  ``(d) Personally Identifiable Information.--Personally identifiable 
information obtained in any manner other than as provided in this 
section shall not be received in evidence in any trial, hearing, 
arbitration, or other proceeding in or before any court, grand jury, 
department, officer, agency, regulatory body, legislative committee, or 
other authority of the United States, a State, or a political 
subdivision of a State.
  ``(e) Destruction of Old Records.--A person subject to this section 
shall destroy personally identifiable information as soon as 
practicable, but no later than one year from the date the information 
is no longer necessary for the purpose for which it was collected and 
there are no pending requests or orders for access to such information 
under subsection (b)(2) or (c)(2) or pursuant to a court order.
  ``(f) Preemption.--The provisions of this section preempt only the 
provisions of State or local law that require disclosure prohibited by 
this section.
``Sec. 3120I. Definitions for chapter
  ``As used in this chapter--
          ``(1) unless otherwise provided, a term defined in section 
        1491 has the same meaning given that term in that section;
          ``(2) the term `remote computing service' means the provision 
        to the public of computer storage or processing services by 
        means of an electronic communications system; and
          ``(3) the term `court of competent jurisdiction' has the 
        meaning assigned by section 3127, and includes any Federal 
        court within that definition, without geographic limitation.
``Sec. 3120J. Civil actions against the United States
  ``(a) In General.--Any person who is aggrieved by any willful 
violation of subchapter B or C of chapter 37 or of sections 106(a), 
305(a), or 405(a) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) may commence an action in United States 
District Court against the United States to recover money damages. In 
any such action, if a person who is aggrieved successfully establishes 
such a violation of subchapter B or C of chapter 37 or of the above 
specified provisions of title 50, the Court may assess as damages--
          ``(1) actual damages, but not less than $10,000, whichever 
        amount is greater; and
          ``(2) litigation costs, reasonably incurred.
  ``(b) Procedures.--(1) Any action against the United States under 
this section may be commenced only after a claim is presented to the 
appropriate department or agency under the procedures of the Federal 
Tort Claims Act, as set forth in title 28.
  ``(2) Any action against the United States under this section shall 
be forever barred unless it is presented in writing to the appropriate 
Federal agency within 2 years after such claim accrues or unless action 
is begun within 6 months after the date of mailing, by certified or 
registered mail, of notice of final denial of the claim by the agency 
to which it was presented. The claim shall accrue on the date upon 
which the claimant first has a reasonable opportunity to discover the 
violation.
  ``(3) Any action under this section shall be tried to the court 
without a jury.
  ``(4) Notwithstanding any other provision of law, the procedures set 
forth in section 106(f), 305(g), or 405(f) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the 
exclusive means by which materials governed by those sections may be 
reviewed.
  ``(5) An amount equal to any award against the United States under 
this section shall be reimbursed by the department or agency concerned 
to the fund described in section 1304 of title 31, out of any 
appropriation, fund, or other account (excluding any part of such 
appropriation, fund, or account that is available for the enforcement 
of any Federal law) that is available for the operating expenses of the 
department or agency concerned.
  ``(c) Administrative Discipline.--If a court or appropriate 
department or agency determines that the United States or any of its 
departments or agencies has violated any provision of this chapter, and 
the court or appropriate department or agency finds that the 
circumstances surrounding the violation raise serious questions about 
whether or not an officer or employee of the United States acted 
willfully or intentionally with respect to the violation, the 
department or agency shall, upon receipt of a true and correct copy of 
the decision and findings of the court or appropriate department or 
agency promptly initiate a proceeding to determine whether disciplinary 
action against the officer or employee is warranted. If the head of the 
department or agency involved determines that disciplinary action is 
not warranted, he or she shall notify the Inspector General with 
jurisdiction over the department or agency concerned and shall provide 
the Inspector General with the reasons for such determination.
  ``(d) Exclusive Remedy.--Any action against the United States under 
this subsection shall be the exclusive remedy against the United States 
for any claims within the purview of this section.
  ``(e) Stay of Proceedings.--(1) Upon the motion of the United States, 
the court shall stay any action commenced under this section if the 
court determines that civil discovery will adversely affect the ability 
of the Government to conduct a related investigation or the prosecution 
of a related criminal case. Such a stay shall toll the limitations 
periods of paragraph (2) of subsection (b).
  ``(2) In this subsection, the terms `related criminal case' and 
`related investigation' mean an actual prosecution or investigation in 
progress at the time at which the request for the stay or any 
subsequent motion to lift the stay is made. In determining whether an 
investigation or a criminal case is related to an action commenced 
under this section, the court shall consider the degree of similarity 
between the parties, witnesses, facts, and circumstances involved in 
the 2 proceedings, without requiring that any one or more factors be 
identical.
  ``(3) In requesting a stay under paragraph (1), the Government may, 
in appropriate cases, submit evidence ex parte in order to avoid 
disclosing any matter that may adversely affect a related investigation 
or a related criminal case. If the Government makes such an ex parte 
submission, the plaintiff shall be given an opportunity to make a 
submission to the court, not ex parte, and the court may, in its 
discretion, request further information from either party.
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