I 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Criminal Code Mod5 ernization and Simplification Act of 2009’’. 

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

7 CODE. 

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

9 follows: 


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1 ‘‘PART I—GENERAL PROVISIONS AND 

2 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 

3 ‘‘CHAPTER 1—DEFINITIONS 

‘‘Sec. 

‘‘1. Definitions for title. 

4 ‘‘§ 1. Definitions for title 

5 ‘‘In this title, the following definitions apply unless otherwise 

6 provided: 

7 ‘‘The term ‘agency’ means any department, inde8 pendent establishment, commission, administration, author9 ity, board, or bureau of the United States or any corpora10 tion in which the United States has a proprietary interest 

11 unless the context shows that such term was intended to 

12 be used in a more limited sense. 

13 ‘‘The term ‘bodily injury’ means— 

14 ‘‘(A) a cut, abrasion, bruise, burn, or disfigurement; 

15 ‘‘(B) physical pain; 

16 ‘‘(C) illness; 

17 ‘‘(D) impairment of the function of a bodily member, 

18 organ, or mental or sensory faculty; or 

19 ‘‘(E) any other injury to the body, no matter how 

20 temporary. 


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1 ‘‘The term ‘child’ means an individual who is less than 

2 18 years of age. 

3 ‘‘The term ‘court of the United States’ includes 

4 the District Court of Guam, the District Court for the 

5 Northern Mariana Islands, and the District Court of the 

6 Virgin Islands. 

7 ‘‘The term ‘crime of violence’ means— 

8 ‘‘(A) an offense that has as an element the use, at9 tempted use, or threatened use of physical force against 

10 the person or property of another; or 

11 ‘‘(B) any other offense that is a felony and that, by 

12 its nature, involves a substantial risk that physical 

13 force against the person or property of another may be 

14 used in the course of committing the offense. 

15 ‘‘The term ‘department’ means one of the executive 

16 departments enumerated in section 1 of title 5, unless the 

17 context shows that such term was intended to describe the 

18 executive, legislative, or judicial branches of the govern19 ment. 

20 ‘‘The term ‘facility of interstate or foreign com21 merce’ includes a means of transportation and commu22 nication in or affecting interstate or foreign commerce; 

23 ‘‘The term ‘Federal health care offense’ means a 

24 violation of— 

25 ‘‘(A) section 656, 792, 806, or 1141; 

26 ‘‘(B) section 504, 651, 653, 772, 782, 801, 803, or 

27 1017 if the violation relates to a health care benefit 

28 program. 

29 ‘‘The term ‘financial institution’ means— 

30 ‘‘(A) an institution, with deposits insured by the 

31 Federal Deposit Insurance Corporation; 

32 ‘‘(B) the Federal Reserve or a member of the Fed33 eral Reserve including any Federal Reserve Bank; 

34 ‘‘(C) a credit union with accounts insured by the Na35 tional Credit Union Administration; 

36 ‘‘(D) a member of the Federal home loan bank sys37 tem and any home loan bank; 


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1 ‘‘(E) any institution of the Farm Credit System 

2 under the Farm Credit Act of 1971; 

3 ‘‘(F) a broker-dealer registered with the Securities 

4 and Exchange Commission pursuant to section 15 of 

5 the Securities Exchange Act of 1934; 

6 ‘‘(G) the Securities Investor Protection Corporation; 

7 ‘‘(H) a branch or agency of a foreign bank (as such 

8 terms are defined in paragraphs (1) and (3) of section 

9 1(b) of the International Banking Act of 1978); and 

10 ‘‘(I) an organization operating under section 25 or 

11 section 25(a) of the Federal Reserve Act. 

12 ‘‘The term ‘foreign commerce’ means commerce 

13 with a foreign country. 

14 ‘‘The term ‘foreign government’except in sections 

15 102, 112, 121, 144, or 959, includes any government, fac16 tion, or body of insurgents within a country with which the 

17 United States is at peace, irrespective of recognition by the 

18 United States. 

19 ‘‘The term ‘health care benefit program’ means 

20 any public or private plan or contract, affecting commerce, 

21 under which any medical benefit, item, or service is pro22 vided to any individual, and includes any individual or enti23 ty who is providing a medical benefit, item, or service for 

24 which payment may be made under the plan or contract. 

25 ‘‘The term ‘interstate commerce’ means commerce 

26 between two States. 

27 ‘‘The term ‘national of the United States’ has the 

28 meaning given in section 101(a)(22) of the Immigration 

29 and Nationality Act (8 U.S.C. 1101(a)(22)). 

30 ‘‘The term ‘national bank’ is synonymous with ‘na31 tional banking association’. 

32 ‘‘The term ‘obligation or other security of any 

33 foreign government’ includes uncanceled stamps, 

34 whether or not demonetized. 

35 ‘‘The term ‘organization’ means a person other than 

36 an individual. 


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1 ‘‘The term ‘person’ and the term ‘whoever’, unless 

2 the context otherwise requires, include any entity capable 

3 of holding a legal or beneficial interest in property as well 

4 as an individual, and where used as a victim of an offense, 

5 includes a government. 

6 ‘‘The term ‘petty offense’ means a Class B mis7 demeanor, a Class C misdemeanor, or an infraction, for 

8 which the maximum fine is no greater than the amount set 

9 forth for such an offense in section 3571(b)(6) or (7) in 

10 the case of an individual or section 3571(c)(6) or (7) in the 

11 case of an organization. 

12 ‘‘The term ‘Postal Service’ means the United States 

13 Postal Service established under title 39, and every officer 

14 and employee of that Service, whether or not such officer 

15 or employee has taken the oath of office. 

16 ‘‘The term ‘serious bodily injury’ means— 

17 ‘‘(A) bodily injury which involves— 

18 ‘‘(i) a substantial risk of death or unconscious19 ness; 

20 ‘‘(ii) extreme physical pain; 

21 ‘‘(iii) protracted and obvious disfigurement; or 

22 ‘‘(iv) protracted loss or impairment of the func23 tion of a bodily member, organ, or mental or sen24 sory faculty; or 

25 ‘‘(B) conduct that, had it occurred in the special 

26 maritime or territorial jurisdiction of the United 

27 States, would have violated subchapter A of chapter 13. 

28 ‘‘The term ‘special maritime and territorial ju29 risdiction of the United States’ means the fol30 lowing: 

31 ‘‘(A) The high seas, any other waters within the ad32 miralty and maritime jurisdiction of the United States 

33 and out of the jurisdiction of any particular State, and 

34 any vessel belonging in whole or in part to the United 

35 States or any citizen thereof, or to any corporation cre36 ated by or under the laws of the United States, or of 

37 any State, when such vessel is within the admiralty and 


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1 maritime jurisdiction of the United States and out of 

2 the jurisdiction of any particular State. 

3 ‘‘(B) Any vessel registered, licensed, or enrolled 

4 under the laws of the United States, and being on a 

5 voyage upon the waters of any of the Great Lakes, or 

6 any of the waters connecting them, or upon the Saint 

7 Lawrence River where the same constitutes the Inter8 national Boundary Line. 

9 ‘‘(C) Any lands reserved or acquired for the use of 

10 the United States, and under the exclusive or concur11 rent jurisdiction thereof, or any place purchased or oth12 erwise acquired by the United States by consent of the 

13 legislature of the State in which the same shall be, for 

14 the erection of a fort, magazine, arsenal, dockyard, or 

15 other needful building. 

16 ‘‘(D) Any aircraft belonging in whole or in part to 

17 the United States, or any citizen thereof, or to any cor18 poration created by or under the laws of the United 

19 States, or any State, while such aircraft is in flight 

20 over the high seas, or over any other waters within the 

21 admiralty and maritime jurisdiction of the United 

22 States and out of the jurisdiction of any particular 

23 State. 

24 ‘‘(E) Any vehicle used or designed for flight or navi25 gation in space and on the registry of the United 

26 States pursuant to the Treaty on Principles Governing 

27 the Activities of States in the Exploration and Use of 

28 Outer Space, Including the Moon and Other Celestial 

29 Bodies and the Convention on Registration of Objects 

30 Launched into Outer Space, while that vehicle is in 

31 flight, which is from the moment when all external 

32 doors are closed on Earth following embarkation until 

33 the moment when one such door is opened on Earth for 

34 disembarkation or in the case of a forced landing, until 

35 the competent authorities take over the responsibility 

36 for the vehicle and for persons and property aboard. 


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1 ‘‘(F) Any place outside the jurisdiction of any nation 

2 with respect to an offense by or against a national of 

3 the United States. 

4 ‘‘(G) To the extent permitted by international law, 

5 any foreign vessel during a voyage having a scheduled 

6 departure from or arrival in the United States with re7 spect to an offense committed by or against a national 

8 of the United States. 

9 ‘‘(H) With respect to offenses committed by or 

10 against a national of the United States— 

11 ‘‘(i) the premises of United States diplomatic, 

12 consular, military or other United States Govern13 ment missions or entities in foreign States, includ14 ing the buildings, parts of buildings, and land ap15 purtenant or ancillary thereto or used for purposes 

16 of those missions or entities, irrespective of owner17 ship; and 

18 ‘‘(ii) residences in foreign States and the land 

19 appurtenant or ancillary thereto, irrespective of 

20 ownership, used for purposes of those missions or 

21 entities or used by United States personnel as22 signed to those missions or entities. 

23 Nothing in clause (ii) supersedes any treaty or inter24 national agreement. Clause (ii) does not apply with re25 spect to an offense committed by a person described in 

26 section 3261(a). 

27 ‘‘The term ‘State’ means a State of the United States, 

28 the District of Columbia, or any commonwealth, territory, 

29 possession of the United States. 

30 ‘‘The term ‘substantial bodily injury’ means bod31 ily injury which involves— 

32 ‘‘(A) a temporary but substantial disfigurement; or 

33 ‘‘(B) a temporary but substantial loss or impairment 

34 of the function of any bodily member, organ, or mental 

35 or sensory faculty. 


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1 ‘‘The term ‘United States’, unless the context other2 wise requires, includes all places and waters, continental or 

3 insular, subject to the jurisdiction of the United States. 

4 ‘‘The term ‘vessel of the United States’ means a 

5 vessel belonging in whole or in part to the United States, 

6 or any citizen thereof, or any corporation created by or 

7 under the laws of the United States, or of any State. 

8 ‘‘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. 

9 ‘‘§ 2. Principals 

10 ‘‘(a) GENERALLY.—Whoever commits an offense against the 

11 United States or aids, abets, counsels, commands, induces, or 

12 procures its commission, is punishable as a principal. 

13 ‘‘(b) FOR CONDUCT OF OTHERS.—Whoever intentionally 

14 causes conduct by another that is an offense against the United 

15 States, is punishable as a principal for that offense. 

16 ‘‘§ 3. Accessory after the fact 

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

18 the United States has been committed, receives, relieves, com19 forts, or assists the offender in order to hinder or prevent his 

20 apprehension, trial, or punishment, is an accessory after the 

21 fact. 

22 ‘‘(b) PUNISHMENT.—Except as otherwise expressly provided 

23 by Act of Congress, an accessory after the fact shall be impris24 oned not more than one-half the maximum term of imprison25 ment or (notwithstanding section 3571) fined not more than 

26 one-half the maximum fine prescribed for the punishment of 

27 the principal, or both; or if the principal is punishable by life 

28 imprisonment or death, the accessory shall be imprisoned not 

29 more than 15 years. 

30 ‘‘§ 4. Misprision of felony 

31 ‘‘Whoever, having knowledge of the actual commission of a 

32 felony offense against the United States, conceals and does not 


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1 as soon as possible make known the same to some judge or 

2 other person in civil or military authority under the United 

3 States, shall be imprisoned not more than three years. 

4 ‘‘§ 5. Conspiracy 

5 ‘‘Unless otherwise provided by law, if two or more persons 

6 conspire to commit any offense against the United States, and 

7 one or more of such persons do any act to effect the object of 

8 the conspiracy, each shall be punished for the offense which is 

9 the object of the conspiracy. 

10 ‘‘§ 6. Attempt 

11 ‘‘(a) GENERAL RULE.—Unless otherwise provided by law, 

12 whoever attempts to commit an offense shall be punished as is 

13 provided for the completed offense. 

14 ‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to any 

15 provision that specifically exempts itself from the application of 

16 this section. 

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

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

19 engage in a Federal offense that is a felony crime of violence 

20 and under circumstances strongly corroborative of that intent, 

21 solicits such other person to engage in that offense, shall be im22 prisoned not more than one-half the maximum term of impris23 onment or (notwithstanding section 3571) fined not more than 

24 one-half of the maximum fine prescribed for the punishment of 

25 the crime solicited, or both; or if the crime solicited is punish26 able by life imprisonment or death, shall be imprisoned for not 

27 more than 20 years. 

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

29 to a prosecution under this section that, under circumstances 

30 manifesting a voluntary and complete renunciation of his crimi31 nal intent, the defendant prevented the commission of the 

32 crime solicited. A renunciation is not ‘voluntary and complete’ 

33 if it is motivated in whole or in part by a decision to postpone 

34 the commission of the crime until another time or to substitute 

35 another victim or another but similar objective. 

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

37 prosecution under this section that the person solicited could 


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1 not be convicted of the crime because that person lacked the 

2 state of mind required for its commission, was incompetent or 

3 irresponsible, or is immune from prosecution, or not subject to, 

4 prosecution. 

5 ‘‘CHAPTER 5—OTHER GENERAL PROVISIONS 

‘‘Subchapter Sec. 

‘‘A. Defenses .................................................................................. 21 

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

6 ‘‘SUBCHAPTER A—DEFENSES 

‘‘Sec. 

‘‘21. Affirmative defenses. 

‘‘22. Insanity defense. 

7 ‘‘§21. Affirmative defenses 

8 ‘‘If a provision of law provides an affirmative defense to a 

9 prosecution for an offense, the defendant must prove the ele10 ments of that defense by a preponderance of the evidence. 

11 ‘‘§ 22. Insanity defense 

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

13 to a prosecution under any Federal statute that, at the time 

14 of the commission of the acts constituting the offense, the de15 fendant, as a result of a severe mental disease or defect, was 

16 unable to appreciate the nature and quality or the wrongfulness 

17 of his acts. Mental disease or defect does not otherwise con18 stitute a defense. 

19 ‘‘(b) BURDEN OF PROOF.—The defendant has the burden of 

20 proving the defense of insanity by clear and convincing evi21 dence. 

22 ‘‘SUBCHAPTER B—GENERAL RULES PERTAINING TO 

23 CRIMINAL OFFENSES 

‘‘Sec. 

‘‘31. Non-preemption. 

24 ‘‘§ 31. Non-preemption 

25 ‘‘The existence of a Federal criminal offense does not pre26 clude the application of a State or local law to the conduct pro27 scribed by the offense, unless the law specifically so provides 

28 or the State or local law requires conduct constituting the Fed29 eral criminal offense. 


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1 ‘‘CHAPTER 10—VIOLENT CRIMES AGAINST 

2 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 

3 ‘‘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. 

4 ‘‘§ 101. Homicide 

5 ‘‘Unless otherwise provided by Act of Congress, if a Federal 

6 law makes the killing of a human being an offense, the fol7 lowing categories shall apply with respect to that offense: 

8 ‘‘(1) MURDER.— 

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

10 killing of a human being with malice aforethought. Every 

11 murder perpetrated by poison, lying in wait, or any other 

12 kind of willful, deliberate, malicious, and premeditated kill13 ing; or committed in the perpetration of, or attempt to per14 petrate, any arson, escape, murder, kidnapping, treason, es15 pionage, sabotage, aggravated sexual abuse or sexual abuse, 

16 child abuse, burglary, or robbery; or perpetrated as part of 

17 a pattern or practice of assault or torture against a child 

18 or children; or perpetrated from a premeditated design un19 lawfully and maliciously to effect the death of any human 

20 being other than him who is killed, is murder in the first 

21 degree. Any other murder is murder in the second degree. 

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

23 ‘‘(i) the term ‘assault’ means conduct that consists 

24 an assault as described in section 111; 


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

2 perpetrator’s care or control or at least six years 

3 younger than the perpetrator; 

4 ‘‘(iii) the term ‘child abuse’ means intentionally caus5 ing death or serious bodily injury to a child; 

6 ‘‘(iv) the term ‘pattern or practice of assault or tor7 ture’ means assault or torture engaged in on at least 

8 two occasions; and 

9 ‘‘(v) the term ‘torture’ means conduct, whether or 

10 not committed under the color of law, that otherwise 

11 satisfies the definition of that term set forth in section 

12 1293. 

13 ‘‘(2) MANSLAUGHTER.—Manslaughter is the unlawful killing 

14 of a human being without malice. It is of two kinds: 

15 ‘‘(A) VOLUNTARY.—Upon a sudden quarrel or heat of 

16 passion. 

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

18 act not amounting to a felony, or in the commission in an 

19 unlawful manner, or without due caution and circumspec20 tion, of a lawful act which might produce death. 

21 ‘‘§ 102. Federally punishable homicides 

22 ‘‘In addition to any other homicides made punishable by law, 

23 the following are Federal offenses: 

24 ‘‘(1) SPECIAL MARITIME AND TERRITORIAL JURISDIC25 TION.—A killing in the special maritime and territorial ju26 risdiction of the United States. 

27 ‘‘(2) OFFICERS AND EMPLOYEES AND FORMER OFFICERS

28 AND EMPLOYEES OF THE UNITED STATES.—A killing of 

29 any officer or employee, or any former officer or employee, 

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

31 United States Government (including any member of the 

32 uniformed services) while such officer or employee is en33 gaged in or on account of the performance of official du34 ties, or any individual assisting such an officer or employee 

35 in the performance of such duties or on account of that as36 sistance. 


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1 ‘‘(3) FAMILY MEMBERS OF OFFICERS AND EMPLOYEES

2 AND FORMER OFFICERS AND EMPLOYEES OF THE UNITED

3 STATES.—A killing, with the intent to impede, intimidate, 

4 or interfere with an individual described in paragraph (2) 

5 while that individual is engaged in the performance of offi6 cial duties, or with intent to retaliate against such indi7 vidual on account of the performance of official duties of 

8 that individual, of a member of that indvidual’s family. 

9 ‘‘(4) FOREIGN OFFICIALS, OFFICIAL GUESTS, AND

10 INTERNATIONALLY PROTECTED PERSONS.—A killing of a 

11 foreign official, official guest, or internationally protected 

12 person. 

13 ‘‘(5) BY NATIONAL OF THE UNITED STATES ABROAD.— 

14 A killing, by a national of the United States, of a national 

15 of the United States while the victim is outside the United 

16 States but within the jurisdiction of another country. 

17 ‘‘(6) KILLINGS BY ESCAPED PRISONERS.—A killing of a 

18 person by an individual who has escaped from a Federal 

19 correctional institution where the individual was confined 

20 under a sentence for a term of life imprisonment. 

21 ‘‘(7) CONGRESSIONAL, CABINET, AND SUPREME COURT

22 ASSASSINATION.—A killing of an individual who is a Mem23 ber of Congress or a Member-of-Congress-elect, a member 

24 of the executive branch of the Government who is the head, 

25 or a person nominated to be head during the pendency of 

26 such nomination, of a department listed in section 101 of 

27 title 5 or the second ranking official in such department, 

28 the Director (or a person nominated to be Director during 

29 the pendency of such nomination) or Deputy Director of 

30 Central Intelligence, or a Justice of the United States, as 

31 defined in section 451 of title 28, or a person nominated 

32 to be a Justice of the United States, during the pendency 

33 of such nomination. 

34 ‘‘(8) PRESIDENTIAL AND PRESIDENTIAL STAFF ASSAS35 SINATION.—A killing of an individual who is— 

36 ‘‘(A) the President of the United States, the Presi37 dent-elect, the Vice President, or, if there is no Vice 


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1 President, the officer next in the order of succession to 

2 the Office of the President of the United States, the 

3 Vice President-elect, or any person who is acting as 

4 President under the Constitution and laws of the 

5 United States; 

6 ‘‘(B) a major Presidential or Vice Presidential can7 didate (as defined in section 3056 of this title); or 

8 ‘‘(C) a person appointed under section 105(a)(2)(A) 

9 of title 3 employed in the Executive Office of the Presi10 dent or appointed under section 106(a)(1)(A) of title 3 

11 employed in the Office of the Vice President. 

12 ‘‘(9) OF NATIONAL ABROAD.—The killing of an indi13 vidual outside the United States who is a national of the 

14 United States. 

15 ‘‘(10) KILLINGS BY PRISONER.—The killing of another 

16 by a person confined under a sentence of life imprisonment 

17 in a Federal correctional facility. 

18 ‘‘§ 103. Penalties for murders punishable under 

19 section 102; attempts and conspiracies 

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

21 102 is punishable by— 

22 ‘‘(1) death or imprisonment for life for first degree mur23 der; and 

24 ‘‘(2) imprisonment for any term of years or for life for 

25 second degree murder. 

26 ‘‘(b) ATTEMPTED MURDER.— 

27 ‘‘(1) GENERALLY.—Except as provided in paragraph (2), 

28 whoever attempts to commit a murder that is an offense 

29 under section 102 shall be imprisoned not more than 20 

30 years. 

31 ‘‘(2) SPECIAL RULE RELATING TO CONGRESSIONAL, CAB32 INET, AND SUPREME COURT ASSASSINATIONS AND PRESI33 DENTIAL AND PRESIDENTIAL STAFF ASSASSINATIONS.—If 

34 the offense attempted is against an individual described in 

35 paragraph (9) or (10) of section 102 the penalty is impris36 onment for any term of years or for life. 


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1 ‘‘(c) CONSPIRACY TO MURDER.—If two or more persons con2 spire to commit an offense under section 102 and one or more 

3 of such persons do any overt act to effect the object of the con4 spiracy, each shall be punished by imprisonment for any term 

5 of years or for life, but in the case of a conspiracy to commit 

6 an offense against a individual described in paragraph (9) or 

7 (10) of section 102, if death results to the individual whose kill8 ing was the object of the conspiracy, the penalty is death or 

9 imprisonment for any term of years or for life. 

10 ‘‘§ 104. Penalties for manslaughters punishable 

11 under section 102; attempts 

12 ‘‘(a) PENALTY FOR MANSLAUGHTER.—A manslaughter that 

13 is an offense under section 102 is punishable by— 

14 ‘‘(1) imprisonment for not more than ten years, for vol15 untary manslaughter; and 

16 ‘‘(2) imprisonment for not more than six years, for invol17 untary manslaughter. 

18 ‘‘(b) ATTEMPTED MANSLAUGHTER.—Whoever attempts to 

19 commit a manslaughter that would be punishable under section 

20 102 shall be imprisoned not more than 7 years. 

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

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

23 person employed on any steamboat or vessel, by whose mis24 conduct, negligence, or inattention to his duties on such vessel 

25 the life of any person is destroyed, and every owner, charterer, 

26 inspector, or other public officer, through whose fraud, neglect, 

27 connivance, misconduct, or violation of law the life of any per28 son is destroyed, shall be imprisoned not more than ten years. 

29 ‘‘(b) OWNERS.—When the owner or charterer of any steam30 boat or vessel is a corporation, any executive officer of such 

31 corporation, for the time being actually charged with the con32 trol and management of the operation, equipment, or naviga33 tion of such steamboat or vessel, who has knowingly caused or 

34 allowed such fraud, neglect, connivance, misconduct, or know35 ing violation of law, by which the life of any person is de36 stroyed, shall be imprisoned not more than ten years. 


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1 ‘‘SUBCHAPTER B—ASSAULT AND RELATED 

2 OFFENSES 

‘‘Sec. 

‘‘111. Assault. 

‘‘112. Individuals federally protected from assault. 

‘‘113. Interference with Federal officers and employees. 

‘‘114. Domestic assault by an habitual offender. 

3 ‘‘§ 111. Assault 

4 ‘‘Unless otherwise provided by Act of Congress, if a Federal 

5 law prohibits an assault against an individual, the following 

6 punishments shall apply with respect to that offense: 

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

8 under subchapter (A) of chapter 10, or with intent to 

9 maim, disfigure, or torture, by imprisonment for not more 

10 than 20 years. 

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

12 murder or a felony under subchapter (A) of chapter 10, by 

13 imprisonment for not more than ten years. 

14 ‘‘(3) Assault with a dangerous weapon, with intent to do 

15 bodily harm, and without just cause or excuse, by imprison16 ment for not more than ten years. 

17 ‘‘(4) Assault resulting in serious bodily injury, by impris18 onment for not more than ten years. 

19 ‘‘(5) Assault resulting in substantial bodily injury to an 

20 individual who has not attained the age of 16 years, by im21 prisonment for not more than 5 years. 

22 ‘‘(6) Assault by striking, beating, or wounding, by im23 prisonment for not more than six months. 

24 ‘‘(7) Simple assault, by imprisonment for not more than 

25 six months, or if the victim of the assault is an individual 

26 who has not attained the age of 16 years, by imprisonment 

27 for not more than 1 year. 

28 ‘‘§ 112. Individuals federally protected from as29 sault 

30 ‘‘It is an offense to assault any individual whose killing is 

31 a Federal offense under section 102. 


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1 ‘‘§ 113. Interference with Federal officers and em2 ployees 

3 ‘‘Whoever interferes with any officer or employee of the 

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

5 States Government (including any member of the uniformed 

6 services) while such officer or employee is engaged in or on ac7 count of the performance of official duties, or any individual as8 sisting such an officer or employee in the performance of such 

9 duties or on account of that assistance while that person is en10 gaged in, or on account of, the performance, official duties 

11 shall be imprisoned not more than one year. 

12 ‘‘§ 114. Domestic assault by an habitual offender 

13 ‘‘(a) IN GENERAL.—Whoever commits a domestic assault 

14 within the special maritime and territorial jurisdiction of the 

15 United States or Indian country and who has a final conviction 

16 on at least 2 separate prior occasions in Federal, State, or In17 dian tribal court proceedings for offenses that would be, if sub18 ject to Federal jurisdiction— 

19 ‘‘(1) any assault, sexual abuse, or serious violent felony 

20 against a spouse or intimate partner; or 

21 ‘‘(2) an offense under chapter 110A, 

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

23 if substantial bodily injury results from the offense under this 

24 section, the offender shall be imprisoned for a term of not more 

25 than 10 years. 

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

27 term ‘domestic assault’ means an assault committed by a cur28 rent or former spouse, parent, child, or guardian of the victim, 

29 by a person with whom the victim shares a child in common, 

30 by a person who is cohabitating with or has cohabitated with 

31 the victim as a spouse, parent, child, or guardian, or by a per32 son similarly situated to a spouse, parent, child, or guardian 

33 of the victim. 

34 ‘‘SUBCHAPTER C—KIDNAPPING 

‘‘Sec. 

‘‘121. Kidnapping. 

‘‘122. Ransom money. 


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‘‘123. Hostage taking. 

‘‘124. International parental kidnapping. 

1 ‘‘§ 121. Kidnapping 

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

3 parent thereof, whoever, as made applicable by subsection (b), 

4 kidnaps an individual shall be imprisoned any term of years or 

5 for life and, if death results to any individual, shall be punished 

6 by death or life imprisonment. 

7 ‘‘(b) CIRCUMSTANCES REQUIRED.—Subsection (a) applies 

8 if— 

9 ‘‘(1) the victim or the victim’s body is transported in 

10 interstate or foreign commerce, regardless of whether the 

11 victim was alive when transported across a State boundary 

12 if the victim was alive when the transportation began; or 

13 ‘‘(2) the victim is an individual whose killing is a Federal 

14 offense under section 102. 

15 ‘‘(c) PRESUMPTION.—With respect to a violation of sub16 section (a), based on the circumstance described in subsection 

17 (b)(1), the failure to release the victim within 24 hours after 

18 the victim was kidnapped creates a rebuttable presumption that 

19 the victim has been transported in interstate or foreign com20 merce. However, the fact that the presumption under this sec21 tion has not yet taken effect does not preclude a Federal inves22 tigation of a possible violation of this section. 

23 ‘‘(d) CONSPIRACY PENALTY.—If two or more persons con24 spire to violate subsection (a) and one or more of such persons 

25 do any overt act to effect the object of the conspiracy, each 

26 shall be punished by imprisonment for any term of years or for 

27 life. If the individual whose kidnapping was the object of the 

28 conspiracy is an individual listed in paragraph (9) or (10) of 

29 section 102, the death penalty may be imposed if death results. 

30 ‘‘(e) ATTEMPTS.—Whoever attempts to violate subsection (a) 

31 shall be punished by imprisonment for not more than 20 years 

32 but if the individual whose kidnapping was attempted is de33 scribed in paragraph (9) or (10) of section 102, the offender 

34 shall be imprisoned for any term of years or for life. 


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1 ‘‘(f) SPECIAL RULE FOR CERTAIN OFFENSES INVOLVING

2 CHILDREN.—If the victim of an offense under this section is 

3 a child and the offender— 

4 ‘‘(1) is not a child; and 

5 ‘‘(2) is not— 

6 ‘‘(A) a parent; 

7 ‘‘(B) a grandparent; 

8 ‘‘(C) a brother; 

9 ‘‘(D) a sister; 

10 ‘‘(E) an aunt; 

11 ‘‘(F) an uncle; or 

12 ‘‘(G) an individual having legal custody of the victim; 

13 the sentence under this section for such offense shall include 

14 imprisonment for not less than 20 years. 

15 ‘‘(g) DEFINITION FOR SECTION.—As used in this section, 

16 the term ‘parent’ does not include a person whose parental 

17 rights with respect to the victim of an offense under this sec18 tion have been terminated by a final court order. 

19 ‘‘§ 122. Ransom money 

20 ‘‘(a) FEDERAL.—Whoever receives, possesses, or disposes of 

21 any money or other property, or any portion thereof, which has 

22 at any time been delivered as ransom or reward in connection 

23 with a violation of section 121, knowing it to be such, shall be 

24 imprisoned not more than ten years. 

25 ‘‘(b) STATE.—Whoever transports, transmits, or transfers in 

26 interstate or foreign commerce any proceeds of a kidnapping 

27 punishable under State law by imprisonment for more than 1 

28 year, or receives, possesses, conceals, or disposes of any such 

29 proceeds after they have crossed a State or United States 

30 boundary, knowing the proceeds to have been unlawfully ob31 tained, shall be imprisoned not more than 10 years. 

32 ‘‘§ 123. Hostage taking 

33 ‘‘(a) OFFENSE.—Except as provided in subsection (b) of this 

34 section, whoever, whether inside or outside the United States, 

35 seizes or detains and threatens to kill, to injure, or to continue 

36 to detain another person in order to compel a third person or 

37 a governmental organization to do or abstain from doing any 


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1 act as an explicit or implicit condition for the release of the 

2 person detained shall be punished by imprisonment for any 

3 term of years or for life and, if the death of any person results, 

4 shall be punished by death or life imprisonment. 

5 ‘‘(b) EXCLUSIONS.— 

6 ‘‘(1) It is not an offense under this section if the conduct 

7 required for the offense occurred outside the United States 

8 unless— 

9 ‘‘(A) the offender or the person seized or detained is 

10 a national of the United States; 

11 ‘‘(B) the offender is found in the United States; or 

12 ‘‘(C) the governmental organization sought to be 

13 compelled is the Government of the United States. 

14 ‘‘(2) It is not an offense under this section if the conduct 

15 required for the offense occurred inside the United States, 

16 each alleged offender and each person seized or detained 

17 are nationals of the United States, and each alleged of18 fender is found in the United States, unless the govern19 mental organization sought to be compelled is the Govern20 ment of the United States. 

21 ‘‘§ 124. International parental kidnapping 

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

23 States, or attempts to do so, or retains a child (who has been 

24 in the United States) outside the United States with intent to 

25 obstruct the lawful exercise of parental rights shall be impris26 oned not more than 3 years. 

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

28 ‘‘(1) the term ‘child’ means a person who has not at29 tained the age of 16 years; and 

30 ‘‘(2) the term ‘parental rights’, with respect to a child, 

31 means the right to physical custody of the child— 

32 ‘‘(A) whether joint or sole (and includes visiting 

33 rights); and 

34 ‘‘(B) whether arising by operation of law, court 

35 order, or legally binding agreement of the parties. 

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

37 under this section that— 


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1 ‘‘(1) the defendant acted within the provisions of a valid 

2 court order granting the defendant legal custody or visita3 tion rights and that order was obtained pursuant to the 

4 Uniform Child Custody Jurisdiction Act or the Uniform 

5 Child Custody Jurisdiction and Enforcement Act and was 

6 in effect at the time of the offense; 

7 ‘‘(2) the defendant was fleeing an incidence or pattern 

8 of domestic violence; or 

9 ‘‘(3) the defendant had physical custody of the child pur10 suant to a court order granting legal custody or visitation 

11 rights and failed to return the child as a result of cir12 cumstances beyond the defendant’s control, and the defend13 ant notified or made reasonable attempts to notify the 

14 other parent or lawful custodian of the child of such cir15 cumstances within 24 hours after the visitation period had 

16 expired and returned the child as soon as possible. 

17 ‘‘(d) EFFECT ON HAGUE CONVENTION.—This section does 

18 not limit The Hague Convention on the Civil Aspects of Inter19 national Parental Child Abduction, done at The Hague on Oc20 tober 25, 1980. 

21 ‘‘SUBCHAPTER D—THREATS AGAINST SPECIALLY 

22 PROTECTED PERSONS 

‘‘Sec. 

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

specially protected persons. 

23 ‘‘§ 131. Threats against officers or employees of 

24 the United States, and other specially pro25 tected persons 

26 ‘‘Whoever threatens to kill, kidnap, or inflict bodily harm 

27 upon— 

28 ‘‘(1) an individual described in paragraph (2) or (3) of 

29 section 102 on account of the performance of official du30 ties; 

31 ‘‘(2) an individual described in paragraph (4), (7), or (8) 

32 of section 102; 

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


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1 ‘‘(4) a member of the immediate family of the President, 

2 the President-elect, the Vice President, or the Vice Presi3 dent-elect; 

4 ‘‘(5) a major candidate for the office of President or Vice 

5 President, or a member of the immediate family of such 

6 candidate; or 

7 ‘‘(6) a person protected by the Secret Service under sec8 tion 3056(a)(6); 

9 shall be imprisoned not more than 10 years. 

10 ‘‘SUBCHAPTER E—DEFINITIONS AND GENERAL 

11 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. 

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

13 ‘‘Unless otherwise provided, in subchapters A through D, the 

14 following definitions apply: 

15 ‘‘(1) The term ‘family’ with respect to an individual, 

16 means— 

17 ‘‘(A) a spouse, parent, brother or sister, child, or 

18 person to whom the individual stands in loco parentis; 

19 or 

20 ‘‘(B) any other person living in the individual’s 

21 household and related to the individual by blood or 

22 marriage. 

23 ‘‘(2) The term ‘foreign government’ means the govern24 ment of a foreign country, irrespective of recognition by the 

25 United States. 

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

27 ‘‘(A) a Chief of State or the political equivalent, 

28 President, Vice President, Prime Minister, Ambas29 sador, Foreign Minister, or other officer of Cabinet 

30 rank or above of a foreign government or the chief ex31 ecutive officer of an international organization, or any 

32 person who has previously served in such capacity, and 

33 any member of his family, while in the United States; 

34 or 


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1 ‘‘(B) any person of a foreign nationality who is duly 

2 notified to the United States as an officer or employee 

3 of a foreign government or international organization, 

4 and who is in the United States on official business, 

5 and any member of that person’s family whose presence 

6 in the United States is in connection with the presence 

7 of such officer or employee. 

8 ‘‘(4) The term ‘internationally protected person’ means 

9 an individual who is— 

10 ‘‘(A) a Chief of State or the political equivalent, head 

11 of government, or Foreign Minister whenever such per12 son is in a country other than his own and any member 

13 of that individual’s family accompanying that indi14 vidual; or 

15 ‘‘(B) any other representative, officer, employee, or 

16 agent of the United States Government, a foreign gov17 ernment, or international organization who at the time 

18 and place concerned is entitled pursuant to inter19 national law to special protection against attack upon 

20 his person, freedom, or dignity, and any member of 

21 that individual’s family then forming part of his house22 hold. 

23 ‘‘(5) The term ‘international organization’ means a pub24 lic international organization designated as such pursuant 

25 to section 1 of the International Organizations Immunities 

26 Act (22 U.S.C. 288) or a public organization created pur27 suant to treaty or other agreement under international law 

28 as an instrument through or by which two or more foreign 

29 governments engage in some aspect of their conduct of 

30 international affairs. 

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

32 of a foreign country present in the United States as an of33 ficial guest of the Government of the United States pursu34 ant to designation as such by the Secretary of State. 

35 ‘‘(7) The terms ‘President-elect’ and ‘Vice President36 elect’ mean those persons who are the apparently successful 

37 candidates for the offices of President and Vice President, 


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1 respectively, as ascertained from the result of the general 

2 elections held to determine the electors of President and 

3 Vice President under sections 1 and 2 of title 3. 

4 ‘‘§ 137. Special rules relating to offenses against 

5 certain types of victims 

6 ‘‘(a) EXTRATERRITORIAL JURISDICTION.— 

7 ‘‘(1) PRESIDENTIAL AND CONGRESSIONAL VICTIMS.— 

8 There is extraterritorial jurisdiction over an offense under 

9 any of subchapters A through D against a victim described 

10 in paragraph (9) or (10) of section 102. 

11 ‘‘(2) INTERNATIONALLY PROTECTED PERSONS.—There 

12 is extraterritorial jurisdiction over an offense under any of 

13 subchapters A through D the victim of which is an inter14 nationally protected person outside the United States, if— 

15 ‘‘(A) the victim is a representative, officer, employee, 

16 or agent of the United States; 

17 ‘‘(B) an offender is a national of the United States; 

18 or 

19 ‘‘(C) an offender is afterwards found in the United 

20 States. 

21 ‘‘(b) USE OF MILITARY WITH RESPECT TO CERTAIN OF22 FENSES.—With respect to an offense under this chapter, or an 

23 attempt or conspiracy to commit such an offense, if an element 

24 of the offense is that the victim be individual described in para25 graph (9) or (10) of section 102, a foreign official, an inter26 nationally protected person, or an official guest, the Attorney 

27 General may request assistance from any Federal, State, or 

28 local agency, including the Army, Navy, and Air Force. 

29 ‘‘(c) SPECIAL PROVISIONS RELATING TO OFFENSES INVOLV30 ING PRESIDENTIAL OR CONGRESSIONAL VICTIMS.—With re31 spect to an offense under paragraph (9) or (10) of section 

32 102— 

33 ‘‘(1) if Federal investigative or prosecutive jurisdiction is 

34 asserted, that assertion suspends the exercise of jurisdic35 tion by a State or local authority, under any applicable 

36 State or local law, until Federal action is terminated; 


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1 ‘‘(2) the Federal Bureau of Investigation shall have in2 vestigative authority; and 

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

4 that the defendant knew that the victim of the offense was 

5 an individual who is protected by that paragraph. 

6 ‘‘(d) APPROVAL REQUIRED FOR PROSECUTIONS RELATING

7 TO UNITED STATES NATIONALS KILLED OVERSEAS.— 

8 ‘‘(1) APPROVAL REQUIRED.—No prosecution may be in9 stituted against any person under section 101(a)(5) except 

10 upon the written approval of the Attorney General, the 

11 Deputy Attorney General, or an Assistant Attorney Gen12 eral, which function of approving prosecutions may not be 

13 delegated. No prosecution shall be approved if prosecution 

14 has been previously undertaken by a foreign country for the 

15 same conduct. 

16 ‘‘(2) BASIS FOR APPROVAL.—No prosecution shall be ap17 proved under this subsection unless the Attorney General, 

18 in consultation with the Secretary of State, determines that 

19 the conduct took place in a country in which the person is 

20 no longer present, and the country lacks the ability to law21 fully secure the person’s return. A determination by the At22 torney General under this paragraph is not subject to judi23 cial review. 

24 ‘‘(e) CERTIFICATION OF TERRORISM RELATION REQUIRED

25 FOR CERTAIN PROSECUTIONS RELATING TO KILLING OR AT26 TACKING NATIONALS OF THE UNITED STATES ABROAD.—No 

27 prosecution for any offense described in section 102(11) or 116 

28 shall be undertaken by the United States except on written cer29 tification of the Attorney General or the highest ranking subor30 dinate of the Attorney General with responsibility for criminal 

31 prosecutions that, in the judgment of the certifying official, 

32 such offense was intended to coerce, intimidate, or retaliate 

33 against a government or a civilian population. 

34 ‘‘SUBCHAPTER F—ROBBERY, EXTORTION, AND 

35 RELATED THREATS 

‘‘Sec. 

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


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‘‘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. 

1 ‘‘§ 141. Robbery in special maritime and terri2 torial jurisdiction 

3 ‘‘Whoever, within the special maritime and territorial juris4 diction of the United States, by force and violence, or by in5 timidation, takes or attempts to take from the person or pres6 ence of another anything of value, shall be imprisoned not more 

7 than 15 years. 

8 ‘‘§ 142. Robbery of personal property of United 

9 States 

10 ‘‘Whoever robs or attempts to rob another of any kind or de11 scription of personal property belonging to the United States, 

12 shall be imprisoned not more than 15 years. 

13 ‘‘§ 143. Bank robbery and incidental crimes 

14 ‘‘(a) AGGRAVATED OFFENSE.—Whoever— 

15 ‘‘(1) by force and violence, or by intimidation, takes, or 

16 attempts to take, from the person or presence of another, 

17 or obtains or attempts to obtain by extortion any property 

18 or money or any other thing of value belonging to, or in 

19 the care, custody, control, management, or possession of, 

20 any bank, credit union, or any savings and loan association; 

21 or 

22 ‘‘(2) enters or attempts to enter any bank, credit union, 

23 or any savings and loan association, or any building used 

24 in whole or in part as a bank, credit union, or as a savings 

25 and loan association, with intent to commit in such bank, 

26 credit union, or in such savings and loan association, or 

27 building, or part thereof, so used, any felony affecting such 

28 bank, credit union, or such savings and loan association 

29 and in violation of any statute of the United States, or any 

30 larceny; 

31 shall be imprisoned not more than 20 years. 


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1 ‘‘(b) TAKING AND CARRYING AWAY PROPERTY OVER $1,000 

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

3 steal or purloin any property or money or any other thing of 

4 value exceeding $1,000 belonging to, or in the care, custody, 

5 control, management, or possession of any bank, credit union, 

6 or any savings and loan association, shall be imprisoned not 

7 more than ten years. 

8 ‘‘(c) TAKING AND CARRYING AWAY PROPERTY OF $1,000 OR

9 LESS IN VALUE.—Whoever takes and carries away, with intent 

10 to steal or purloin, any property or money or any other thing 

11 of value not exceeding $1,000 belonging to, or in the care, cus12 tody, control, management, or possession of any bank, credit 

13 union, or any savings and loan association, shall be imprisoned 

14 not more than one year. 

15 ‘‘(c) RECEIVING STOLEN BANK PROPERTY.—Whoever re16 ceives, possesses, conceals, stores, barters, sells, or disposes of, 

17 any property or money or other thing of value which has been 

18 taken or stolen from a bank, credit union, or savings and loan 

19 association in violation of subsection (b) or (c), knowing the 

20 same to be property which has been stolen shall be subject to 

21 the punishment provided in subsection (b) or (c) for the taker. 

22 ‘‘(d) ASSAULTING PERSON OR PLACING LIFE IN JEOP23 ARDY.—Whoever, in committing, or in attempting to commit, 

24 any offense defined in subsections (a) through (c), assaults any 

25 person, or puts in jeopardy the life of any person by the use 

26 of a dangerous weapon or device, shall be imprisoned not more 

27 than 25 years. 

28 ‘‘(e) KILLING AND KIDNAPING.—Whoever, in committing 

29 any offense defined in this section, or in avoiding or attempting 

30 to avoid apprehension for the commission of such offense, or 

31 in freeing himself or attempting to free himself from arrest or 

32 confinement for such offense, kills any person, or forces any 

33 person to accompany him without the consent of such person, 

34 shall be imprisoned not less than ten years, or if death results 

35 shall be punished by death or life imprisonment. 

36 ‘‘(f) DEFINITIONS.— As used in this section— 


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

2 Federal Reserve System, and any bank, banking associa3 tion, trust company, savings bank, or other banking institu4 tion organized or operating under the laws of the United 

5 States, including a branch or agency of a foreign bank (as 

6 such terms are defined in paragraphs (1) and (3) of section 

7 1(b) of the International Banking Act of 1978), and any 

8 institution the deposits of which are insured by the Federal 

9 Deposit Insurance Corporation; 

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

11 union and any State-chartered credit union the accounts of 

12 which are insured by the National Credit Union Adminis13 tration Board, and any ‘Federal credit union’ as defined in 

14 section 2 of the Federal Credit Union Act; 

15 ‘‘(3) the term ‘State-chartered credit union’ includes a 

16 credit union chartered under the laws of a State; and 

17 ‘‘(4) the term ‘savings and loan association’ means— 

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

19 association (as defined in section 3(b) of the Federal 

20 Deposit Insurance Act (12 U.S.C. 1813(b))) having ac21 counts insured by the Federal Deposit Insurance Cor22 poration; and 

23 ‘‘(B) a corporation described in section 3(b)(1)(C) of 

24 the Federal Deposit Insurance Act (12 U.S.C. 

25 1813(b)(1)(C)) that is operating under the laws of the 

26 United States. 

27 ‘‘§ 144. Communication of ransom demands and 

28 other threatening communications in or 

29 affecting commerce 

30 ‘‘(a) KIDNAP RANSOM.—Whoever knowingly transmits, in or 

31 affecting interstate or foreign commerce, any communication 

32 containing any demand or request for a ransom or reward for 

33 the release of any kidnapped person shall be imprisoned not 

34 more than 20 years. 

35 ‘‘(b) THREATS TO KIDNAP OR INJURE.—Whoever, with in36 tent to extort from any person any money or other thing of 

37 value, knowingly transmits, in or affecting interstate commerce, 


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1 any communication containing any threat to kidnap any person 

2 or any threat to injure the person of another, shall be impris3 oned not more than 20 years. 

4 ‘‘(d) THREATS TO PROPERTY OR REPUTATION WITH IN5 TENT TO EXTORT.—Whoever, with intent to extort from any 

6 person any money or other thing of value, knowingly transmits, 

7 in or affecting interstate or foreign commerce, any communica8 tion containing any threat— 

9 ‘‘(1) to injure the property or reputation of another or 

10 the reputation of a deceased person; or 

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

12 shall be or imprisoned not more than 10 years. 

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

14 United States 

15 ‘‘Whoever, being an officer, or employee of the United States 

16 or any department or agency thereof, or representing oneself to 

17 be or assuming to act as such, under color or pretense of office 

18 or employment commits or attempts an act of extortion, shall 

19 be imprisoned not more than three years; but if the amount so 

20 extorted or demanded does not exceed $1,000, the offender 

21 shall be imprisoned not more than one year. 

22 ‘‘§ 146. Receiving the proceeds of extortion 

23 ‘‘Whoever receives, possesses, conceals, or disposes of any 

24 money or other property which was obtained from the commis25 sion of any offense under this subchapter that is punishable by 

26 imprisonment for more than 1 year, knowing the same to have 

27 been unlawfully obtained, shall be imprisoned not more than 3 

28 years. 

29 ‘‘SUBCHAPTER G—EXTORTIONATE CREDIT 

30 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. 


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1 ‘‘§ 155. Making extortionate extensions of credit 

2 ‘‘(a) OFFENSE.—Whoever makes any extortionate extension 

3 of credit shall be imprisoned not more than 20 years. 

4 ‘‘(b) PRIMA FACIE EVIDENCE OF EXTORTIONATE TRANS5 ACTION.—In any prosecution under this section, if it is shown 

6 that all of the following factors were present in connection with 

7 the extension of credit in question, there is prima facie evidence 

8 that the extension of credit was extortionate: 

9 ‘‘(1) The repayment of the extension of credit, or the 

10 performance of any promise given in consideration thereof, 

11 would be unenforceable, through civil judicial processes 

12 against the debtor— 

13 ‘‘(A) in the jurisdiction within which the debtor, if 

14 a natural person, resided; or 

15 ‘‘(B) in every jurisdiction within which the debtor, if 

16 other than a natural person, was incorporated or quali17 fied to do business at the time the extension of credit 

18 was made. 

19 ‘‘(2) The extension of credit was made at a rate of inter20 est in excess of an annual rate of 45 per centum calculated 

21 according to the actuarial method of allocating payments 

22 made on a debt between principal and interest, pursuant to 

23 which a payment is applied first to the accumulated inter24 est and the balance is applied to the unpaid principal. 

25 ‘‘(3) At the time the extension of credit was made, the 

26 debtor reasonably believed that either— 

27 ‘‘(A) one or more extensions of credit by the creditor 

28 had been collected or attempted to be collected by ex29 tortionate means, or the nonrepayment thereof had 

30 been punished by extortionate means; or 

31 ‘‘(B) the creditor had a reputation for the use of ex32 tortionate means to collect extensions of credit or to 

33 punish the nonrepayment thereof. 

34 ‘‘(4) Upon the making of the extension of credit, the 

35 total of the extensions of credit by the creditor to the debt36 or then outstanding, including any unpaid interest or simi37 lar charges, exceeded $100. 


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1 ‘‘(c) REPUTATION EVIDENCE.—In any prosecution under 

2 this section, if evidence is introduced tending to show the exist3 ence of any of the circumstances described in subsection (b)(1) 

4 or (b)(2), and direct evidence of the actual belief of the debtor 

5 as to the creditor’s collection practices is not available, then for 

6 the purpose of showing the understanding of the debtor and the 

7 creditor at the time the extension of credit was made, the court 

8 may in its discretion allow evidence to be introduced tending 

9 to show the reputation as to collection practices of the creditor 

10 in any community of which the debtor was a member at the 

11 time of the extension. 

12 ‘‘§ 156. Financing extortionate extensions of credit 

13 ‘‘Whoever knowingly advances money or property, whether as 

14 a gift, as a loan, as an investment, pursuant to a partnership 

15 or profit-sharing agreement, or otherwise, to any person, with 

16 reason to believe that it is the intention of that person to use 

17 the money or property so advanced directly or indirectly for the 

18 purpose of making extortionate extensions of credit, shall be 

19 imprisoned not more than 20 years. 

20 ‘‘§ 157. Collection of extensions of credit by extor21 tionate means 

22 ‘‘Whoever knowingly uses any extortionate means— 

23 ‘‘(1) to collect or attempt to collect any extension of 

24 credit; or 

25 ‘‘(2) to punish any person for nonrepayment of an exten26 sion of credit; 

27 shall be imprisoned not more than 20 years. 

28 ‘‘§ 158. Effect on State laws 

29 ‘‘This subchapter does not preempt State law that would be 

30 permissible in the absence of this subchapter. 

31 ‘‘§ 159. Definitions and rules of construction 

32 ‘‘As used in this subchapter: 

33 ‘‘(1) To extend credit means to make or renew any loan, 

34 or to enter into any agreement, tacit or express, whereby 

35 the repayment or satisfaction of any debt or claim, whether 

36 acknowledged or disputed, valid or invalid, and however 

37 arising, may or will be deferred. 


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1 ‘‘(2) The term ‘creditor’, with reference to any given ex2 tension of credit, refers to any person making that exten3 sion of credit, or to any person claiming by, under, or 

4 through any person making that extension of credit. 

5 ‘‘(3) The term ‘debtor’, with reference to any given ex6 tension of credit, refers to any person to whom that exten7 sion of credit is made, or to any person who guarantees the 

8 repayment of that extension of credit, or in any manner un9 dertakes to indemnify the creditor against loss resulting 

10 from the failure of any person to whom that extension of 

11 credit is made to repay the same. 

12 ‘‘(4) The repayment of any extension of credit includes 

13 the repayment, satisfaction, or discharge in whole or in 

14 part of any debt or claim, acknowledged or disputed, valid 

15 or invalid, resulting from or in connection with that exten16 sion of credit. 

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

18 in any way any person to make repayment thereof. 

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

20 of credit with respect to which it is the understanding of 

21 the creditor and the debtor at the time it is made that 

22 delay in making repayment or failure to make repayment 

23 could result in the use of violence or other criminal means 

24 to cause harm to the person, reputation, or property of any 

25 person. 

26 ‘‘(7) An extortionate means is any means which involves 

27 the use, or an express or implicit threat of use, of violence 

28 or other criminal means to cause harm to the person, rep29 utation, or property of any person. 

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

31 the enforceability through civil judicial processes of repay32 ment of any extension of credit or the performance of any 

33 promise given in consideration thereof shall be judicially 

34 noticed. This paragraph does not impair any authority 

35 which any court would otherwise have to take judicial no36 tice of any matter of State law. 


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1 ‘‘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. 

2 ‘‘§ 161. Interstate domestic violence; interstate 

3 stalking; interstate violations of custody 

4 orders 

5 ‘‘(a) OFFENSES.—Whoever— 

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

7 or leaves Indian country or within the special maritime and 

8 territorial jurisdiction of the United States with the intent 

9 to kill, injure, harass, or intimidate a spouse, intimate part10 ner, or dating partner, and who, in the course of or as a 

11 result of such travel, commits or attempts to commit a 

12 crime of violence against that spouse, intimate partner, or 

13 dating partner; 

14 ‘‘(2) causes a spouse, intimate partner, or dating partner 

15 to travel in interstate or foreign commerce or to enter or 

16 leave Indian country or within the special maritime and 

17 territorial jurisdiction of the United States by force, coer18 cion, duress, or fraud, and who, in the course of, as a re19 sult of, or to facilitate such conduct or travel, commits or 

20 attempts to commit a crime of violence against that spouse, 

21 intimate partner, or dating partner; 

22 ‘‘(3) travels in interstate or foreign commerce or within 

23 the special maritime and territorial jurisdiction of the 

24 United States, or enters or leaves Indian country, with the 

25 intent to kill, injure, harass, or place under surveillance 

26 with intent to kill, injure, harass, or intimidate another 

27 person, and in the course of, or as a result of, such travel 

28 places that person in reasonable fear of the death of, or se29 rious bodily injury to, or causes substantial emotional dis30 tress to that person, a member of the immediate family (as 

31 defined in section 115) of that person, or the spouse or in32 timate partner of that person; or 


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1 ‘‘(4) with the intent— 

2 ‘‘(A) to kill, injure, harass, or place under surveil3 lance with intent to kill, injure, harass, or intimidate, 

4 or cause substantial emotional distress to a person in 

5 another State or tribal jurisdiction or within the special 

6 maritime and territorial jurisdiction of the United 

7 States; or 

8 ‘‘(B) to place a person in another State or tribal ju9 risdiction, or within the special maritime and territorial 

10 jurisdiction of the United States, in reasonable fear of 

11 the death of, or serious bodily injury to— 

12 ‘‘(i) that person; 

13 ‘‘(ii) a member of the immediate family (as de14 fined in section 115 of that person; or 

15 ‘‘(iii) a spouse or intimate partner of that per16 son; 

17 uses the mail, any interactive computer service, or any fa18 cility of interstate or foreign commerce to engage in a 

19 course of conduct that causes substantial emotional distress 

20 to that person or places that person in reasonable fear of 

21 the death of, or serious bodily injury to, any of the persons 

22 described in clauses (i) through (iii) of subparagraph (B); 

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

24 or leaves Indian country, with the intent to engage in con25 duct that violates the portion of a protection order that 

26 prohibits or provides protection against violence, threats, or 

27 harassment against, contact or communication with, or 

28 physical proximity to, another person, or that would violate 

29 such a portion of a protection order in the jurisdiction in 

30 which the order was issued, and subsequently engages in 

31 such conduct; or 

32 ‘‘(6) causes another person to travel in interstate or for33 eign commerce or to enter or leave Indian country by force, 

34 coercion, duress, or fraud, and in the course of, as a result 

35 of, or to facilitate such conduct or travel engages in con36 duct that violates the portion of a protection order that 

37 prohibits or provides protection against violence, threats, or 


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1 harassment against, contact or communication with, or 

2 physical proximity to, another person, or that would violate 

3 such a portion of a protection order in the jurisdiction in 

4 which the order was issued; 

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

6 ‘‘(b) PUNISHMENT.— 

7 ‘‘(1) IN GENERAL.—Whoever violates subsection (a) shall 

8 be imprisoned— 

9 ‘‘(A) for life or any term of years, if death of the vic10 tim results; 

11 ‘‘(B) for not more than 20 years if permanent dis12 figurement or life threatening bodily injury to the vic13 tim results; 

14 ‘‘(C) for not more than 10 years, if serious bodily in15 jury to the victim results or if the offender uses a dan16 gerous weapon during the offense; 

17 ‘‘(D) as provided for the applicable conduct under 

18 subchapter A of chapter 13 if the offense would con19 stitute an offense under that subchapter (without re20 gard to whether the offense was committed in the spe21 cial maritime and territorial jurisdiction of the United 

22 States or in a Federal prison); and 

23 ‘‘(E) for not more than 5 years, in any other case. 

24 ‘‘(2) SPECIAL RULE.—Whoever violates paragraph (3) or 

25 (4) of subsection (a) in violation of a temporary or perma26 nent civil or criminal injunction, restraining order, no-con27 tact order, or other order described in section 164 shall be 

28 punished by imprisonment for not less than 1 year. 

29 ‘‘§ 162. Pretrial release of defendant 

30 ‘‘In any proceeding pursuant to section 3142 for the purpose 

31 of determining whether a defendant charged under this sub32 chapter shall be released pending trial, or for the purpose of 

33 determining conditions of such release, the alleged victim shall 

34 be given an opportunity to be heard regarding the danger posed 

35 by the defendant. 


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1 ‘‘§ 163. Full faith and credit given to protection or2 ders 

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

4 issued that is consistent with subsection (b) of this section by 

5 the court of one State or Indian tribe (the issuing State or In6 dian tribe) shall be accorded full faith and credit by the court 

7 of another State or Indian tribe, (the enforcing State or Indian 

8 tribe) and enforced by the court and law enforcement personnel 

9 of the other State or Indian tribe as if it were the order of the 

10 enforcing State or Indian tribe. 

11 ‘‘(b) PROTECTION ORDER.—A protection order issued by a 

12 State, tribal, or territorial court is consistent with this sub13 section if— 

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

15 matter under the law of such State or Indian tribe; and 

16 ‘‘(2) reasonable notice and opportunity to be heard is 

17 given to the person against whom the order is sought suffi18 cient to protect that person’s right to due process; and in 

19 the case of ex parte orders, notice and opportunity to be 

20 heard must be provided within the time required by State, 

21 tribal, or territorial law, and in any event within a reason22 able time after the order is issued, sufficient to protect the 

23 respondent’s due process rights. 

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

25 issued by a State, tribal, or territorial court against one who 

26 has petitioned, filed a complaint, or otherwise filed a written 

27 pleading for protection against abuse by a spouse or intimate 

28 partner is not entitled to full faith and credit if— 

29 ‘‘(1) no cross or counter petition, complaint, or other 

30 written pleading was filed seeking such a protection order; 

31 or 

32 ‘‘(2) a cross or counter petition has been filed and the 

33 court did not make specific findings that each party was 

34 entitled to such an order. 

35 ‘‘(d) NOTIFICATION AND REGISTRATION.— 

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

37 full faith and credit to an order by a court of another State 


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1 or Indian tribe shall not notify or require notification of the 

2 party against whom a protection order has been issued that 

3 the protection order has been registered or filed in that en4 forcing State, tribal, or territorial jurisdiction unless re5 quested to do so by the party protected under such order. 

6 ‘‘(2) NO PRIOR REGISTRATION OR FILING AS PRE7 REQUISITE FOR ENFORCEMENT.—Any protection order that 

8 is otherwise consistent with this section shall be accorded 

9 full faith and credit, notwithstanding failure to comply with 

10 any requirement that the order be registered or filed in the 

11 enforcing State, tribal, or territorial jurisdiction. 

12 ‘‘(3) LIMITS ON INTERNET PUBLICATION OF REGISTRA13 TION INFORMATION.—A State or Indian tribe shall not 

14 make available publicly on the Internet any information re15 garding the registration, filing of a petition for, or issuance 

16 of a protection order, restraining order or injunction, re17 straining order, or injunction in either the issuing or en18 forcing State, tribal or territorial jurisdiction, if such publi19 cation would be likely to publicly reveal the identity or loca20 tion of the party protected under such order. A State or 

21 Indian tribe may share court-generated and law enforce22 ment-generated information contained in secure, govern23 mental registries for protection order enforcement pur24 poses. 

25 ‘‘(e) TRIBAL COURT JURISDICTION.—For purposes of this 

26 section, a tribal court shall have full civil jurisdiction to enforce 

27 protection orders, including authority to enforce any orders 

28 through civil contempt proceedings, exclusion of violators from 

29 Indian lands, and other appropriate mechanisms, in matters 

30 arising within the authority of the tribe. 

31 ‘‘§ 164. Definitions 

32 ‘‘As used in this subchapter— 

33 ‘‘(1) the term ‘course of conduct’ means a pattern of 

34 conduct composed of 2 or more acts, demonstrating a con35 tinuity of purpose; 


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1 ‘‘(2) the term ‘enter or leave Indian country’ includes 

2 leaving the jurisdiction of 1 tribal government and entering 

3 the jurisdiction of another tribal government; 

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

5 ‘‘(A) any injunction, restraining order, or any other 

6 order issued by a civil or criminal court for the purpose 

7 of preventing violent or threatening acts or harassment 

8 against, sexual violence, or contact or communication 

9 with or physical proximity to, another person, including 

10 any temporary or final order issued by a civil or crimi11 nal court whether obtained by filing an independent ac12 tion or as a pendente lite order in another proceeding 

13 so long as any civil or criminal order was issued in re14 sponse to a complaint, petition, or motion filed by or 

15 on behalf of a person seeking protection; and 

16 ‘‘(B) any support, child custody or visitation provi17 sions, orders, remedies or relief issued as part of a pro18 tection order, restraining order, or injunction pursuant 

19 to State, tribal, territorial, or local law authorizing the 

20 issuance of protection orders, restraining orders, or in21 junctions for the protection of victims of domestic vio22 lence, sexual assault, dating violence, or stalking; 

23 ‘‘(4) the term ‘spouse or intimate partner’ includes— 

24 ‘‘(A) for purposes of— 

25 ‘‘(i) all provisions except paragraphs (3) and (4) 

26 of section 161— 

27 ‘‘(I) a spouse or former spouse of the abuser, 

28 a person who shares a child in common with 

29 the abuser, and a person who cohabits or has 

30 cohabited as a spouse with the abuser; or 

31 ‘‘(II) a person who is or has been in a social 

32 relationship of a romantic or intimate nature 

33 with the abuser, as determined by the length of 

34 the relationship, the type of relationship, and 

35 the frequency of interaction between the per36 sons involved in the relationship; and 

37 ‘‘(ii) section 2261A— 


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1 ‘‘(I) a spouse or former spouse of the target 

2 of the stalking, a person who shares a child in 

3 common with the target of the stalking, and a 

4 person who cohabits or has cohabited as a 

5 spouse with the target of the stalking; or 

6 ‘‘(II) a person who is or has been in a social 

7 relationship of a romantic or intimate nature 

8 with the target of the stalking, as determined 

9 by the length of the relationship, the type of 

10 the relationship, and the frequency of inter11 action between the persons involved in the rela12 tionship; and 

13 ‘‘(B) any other person similarly situated to a spouse 

14 who is protected by the domestic or family violence 

15 laws of the State or tribal jurisdiction in which the in16 jury occurred or where the victim resides; 

17 ‘‘(5) the term ‘travel in interstate or foreign commerce’ 

18 does not include travel from one State to another by an in19 dividual who is a member of an Indian tribe and who re20 mains at all times in the territory of the Indian tribe of 

21 which the individual is a member; and 

22 ‘‘(6) the term ‘dating partner’ refers to a person who is 

23 or has been in a social relationship of a romantic or inti24 mate nature with the abuser; and the existence of such a 

25 relationship is based on a consideration of— 

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

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

28 ‘‘(C) the frequency of interaction between the per29 sons involved in the relationship. 

30 ‘‘§ 165. Repeat offenders 

31 ‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The maximum 

32 term of imprisonment for a violation of this chapter after a 

33 prior domestic violence or stalking offense shall be twice the 

34 term otherwise provided under this chapter. 

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

36 domestic violence or stalking offense’ means a conviction for an 

37 offense— 


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1 ‘‘(1) under section 161; or 

2 ‘‘(2) under State law for an offense consisting of conduct 

3 that would have been an offense under a section referred 

4 to in subparagraph (A) if the conduct had occurred within 

5 the special maritime and territorial jurisdiction of the 

6 United States, or in interstate or foreign commerce. 

7 ‘‘SUBCHAPTER I—PROTECTION OF UNBORN 

8 CHILDREN 

‘‘Sec. 

‘‘171. Protection of unborn children. 

‘‘172. Partial-birth abortions prohibited 

9 ‘‘§ 171. Protection of unborn children 

10 ‘‘(a)(1) Whoever engages in conduct that violates any of the 

11 provisions of law listed in subsection (b) and thereby causes the 

12 death of, or bodily injury to, a child, who is in utero at the 

13 time the conduct takes place, is guilty of a separate offense 

14 under this section. 

15 ‘‘(2)(A) Except as otherwise provided in this paragraph, the 

16 punishment for that separate offense is the same as the punish17 ment provided under Federal law for that conduct had that in18 jury or death occurred to the unborn child’s mother. 

19 ‘‘(B) An offense under this section does not require proof 

20 that— 

21 ‘‘(i) the person engaging in the conduct had knowledge 

22 or should have had knowledge that the victim of the under23 lying offense was pregnant; or 

24 ‘‘(ii) the defendant intended to cause the death of, or 

25 bodily injury to, the unborn child. 

26 ‘‘(C) If the person engaging in the conduct thereby inten27 tionally kills or attempts to kill the unborn child, that person 

28 shall instead of being punished under subparagraph (A) and 

29 subject to subparagraph (D), be punished as provided under 

30 subchapter A for the like offense. 

31 ‘‘(D) Notwithstanding any other provision of law, the death 

32 penalty shall not be imposed for an offense under this section. 

33 ‘‘(b) The provisions referred to in subsection (a) are the fol34 lowing: 


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1 ‘‘(1) Sections 101, 102, 111, 121, 123, 143, 161, 165, 

2 201, 204, 271, 273, 413(e), 501, 502, 506, 507, 584, 593, 

3 601, 614, 631, 873, 892, 895, 897, 1112, 1131, 1133, 

4 1137, 1138, 1204, 1216, 1291, 1296, 1306, and 1373 of 

5 this title. 

6 ‘‘(2) Section 202 of the Atomic Energy Act of 1954 (42 

7 U.S.C. 2283). 

8 ‘‘(c) Nothing in this section shall be construed to permit the 

9 prosecution— 

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

11 for which the consent of the pregnant woman, or a person 

12 authorized by law to act on her behalf, has been obtained 

13 or for which such consent is implied by law; 

14 ‘‘(2) of any person for any medical treatment of the 

15 pregnant woman or her unborn child; or 

16 ‘‘(3) of any woman with respect to her unborn child. 

17 ‘‘(d) As used in this section, the term ‘unborn child’ means 

18 a child in utero, and the term ‘child in utero’ or ‘child, who 

19 is in utero’ means a member of the species homo sapiens, at 

20 any stage of development, who is carried in the womb. 

21 ‘‘§ 172. Partial-birth abortions prohibited 

22 ‘‘(a) Any physician who, in or affecting interstate or foreign 

23 commerce, knowingly performs a partial-birth abortion and 

24 thereby kills a human fetus shall be imprisoned not more than 

25 2 years. This subsection does not apply to a partial-birth abor26 tion that is necessary to save the life of a mother whose life 

27 is endangered by a physical disorder, physical illness, or phys28 ical injury, including a life-endangering physical condition 

29 caused by or arising from the pregnancy itself. 

30 ‘‘(b) As used in this section— 

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

32 in which the person performing the abortion— 

33 ‘‘(A) deliberately and intentionally vaginally delivers 

34 a living fetus until, in the case of a head-first presen35 tation, the entire fetal head is outside the body of the 

36 mother, or, in the case of breech presentation, any part 

37 of the fetal trunk past the navel is outside the body of 


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1 the mother, for the purpose of performing an overt act 

2 that the person knows will kill the partially delivered 

3 living fetus; and 

4 ‘‘(B) performs the overt act, other than completion 

5 of delivery, that kills the partially delivered living fetus; 

6 and 

7 ‘‘(2) the term ‘physician’ means a doctor of medicine or 

8 osteopathy legally authorized to practice medicine and sur9 gery by the State in which the doctor performs such activ10 ity, or any other individual legally authorized by the State 

11 to perform abortions: Provided, however, That any indi12 vidual who is not a physician or not otherwise legally au13 thorized by the State to perform abortions, but who never14 theless directly performs a partial-birth abortion, shall be 

15 subject to the provisions of this section. 

16 ‘‘(c)(1) The father, if married to the mother at the time she 

17 receives a partial-birth abortion procedure, and if the mother 

18 has not attained the age of 18 years at the time of the abor19 tion, the maternal grandparents of the fetus, may in a civil ac20 tion obtain appropriate relief, unless the pregnancy resulted 

21 from the plaintiff’s criminal conduct or the plaintiff consented 

22 to the abortion. 

23 ‘‘(2) Such relief shall include— 

24 ‘‘(A) money damages for all injuries, psychological and 

25 physical, occasioned by the violation of this section; and 

26 ‘‘(B) statutory damages equal to three times the cost of 

27 the partial-birth abortion. 

28 ‘‘(d)(1) A defendant accused of an offense under this section 

29 may seek a hearing before the State Medical Board on whether 

30 the physician’s conduct was necessary to save the life of the 

31 mother whose life was endangered by a physical disorder, phys32 ical illness, or physical injury, including a life-endangering 

33 physical condition caused by or arising from the pregnancy 

34 itself. 

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

36 at the trial of the defendant. Upon a motion of the defendant, 


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1 the court shall delay the beginning of the trial for not more 

2 than 30 days to permit such a hearing to take place. 

3 ‘‘(e) A woman upon whom a partial-birth abortion is per4 formed may not be prosecuted under this section, for a con5 spiracy to violate this section, or for an offense under section 

6 2, 3, or 4 based on a violation of this section. 

7 ‘‘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 

8 ‘‘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. 

9 ‘‘§ 201. Sexual abuse 

10 ‘‘(a) ELEMENTS OF OFFENSE.—As made applicable and 

11 punished in subsection (b), the following offenses have the fol12 lowing elements: 

13 ‘‘(1) AGGRAVATED SEXUAL ABUSE.—Whoever— 

14 ‘‘(A) knowingly causes another person to engage in 

15 a sexual act— 

16 ‘‘(i) by using force against that other person; or 

17 ‘‘(ii) by threatening or placing that other person 

18 in fear that any person will be subjected to death, 

19 serious bodily injury, substantial risk of uncon20 sciousness, or kidnapping; 

21 ‘‘(B) knowingly— 

22 ‘‘(i) renders another person unconscious and 

23 thereby engages in a sexual act with that other per24 son; or 

25 ‘‘(ii) administers to another person by force or 

26 threat of force, or without the knowledge or per27 mission of that person, a drug, intoxicant, or other 

28 similar substance and thereby— 


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1 ‘‘(I) substantially impairs the ability of that 

2 other person to appraise or control conduct; 

3 and 

4 ‘‘(II) engages in a sexual act with that other 

5 person; or 

6 ‘‘(C) knowingly engages in a sexual act with another 

7 person— 

8 ‘‘(i) who has not attained the age of 12 years; 

9 or 

10 ‘‘(ii) who has attained the age of 12 years but 

11 has not attained the age of 16 years (and is at 

12 least 4 years younger than the person so engaging); 

13 is guilty of aggravated sexual abuse. 

14 ‘‘(2) SEXUAL ABUSE.—Whoever knowingly— 

15 ‘‘(A) causes another person to engage in a sexual act 

16 by threatening or placing that other person in fear 

17 (other than by threatening or placing that other person 

18 in fear that any person will be subjected to death, seri19 ous bodily injury, substantial risk of unconsciousness, 

20 or kidnapping); or 

21 ‘‘(B) engages in a sexual act with another person if 

22 that other person is— 

23 ‘‘(i) incapable of appraising the nature of the 

24 conduct; or 

25 ‘‘(ii) physically incapable of declining participa26 tion in, or communicating unwillingness to engage 

27 in, that sexual act; 

28 is guilty of sexual abuse. 

29 ‘‘(3) SEXUAL ABUSE OF A WARD.—Whoever knowingly 

30 engages in a sexual act with another person who is— 

31 ‘‘(A) in official detention; and 

32 ‘‘(B) under the custodial, supervisory, or disciplinary 

33 authority of the person so engaging; 

34 is guilty of sexual abuse of a ward. 

35 ‘‘(b) PENALTIES AND CIRCUMSTANCES FOR FEDERAL OF36 FENSE.— 

37 ‘‘(1) PENALTIES.— 


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1 ‘‘(A) AGGRAVATED SEXUAL ABUSE.—Whoever com2 mits aggravated sexual abuse in a place described in 

3 paragraph (2) shall be imprisoned for any term of 

4 years or for life. 

5 ‘‘(B) SEXUAL ABUSE.—Whoever commits sexual 

6 abuse in a place described in paragraph (2) shall be im7 prisoned not more than 20 years. 

8 ‘‘(C) SEXUAL ABUSE OF A WARD.—Whoever commits 

9 sexual abuse of a ward in a place described in para10 graph (2) shall be imprisoned not more than 5 years. 

11 ‘‘(2) CIRCUMSTANCES.—The places referred to in para12 graph (1) are— 

13 ‘‘(A) the special maritime and territorial jurisdiction 

14 of the United States; or 

15 ‘‘(B) a Federal prison or any prison institution or fa16 cility in which persons are held in custody by direction 

17 of or pursuant to a contract or agreement with the At18 torney General. 

19 ‘‘§ 202. Abusive sexual contact 

20 ‘‘(a) SEXUAL CONTACT IN CIRCUMSTANCES WHERE SEXUAL

21 ACTS ARE PUNISHABLE.—Whoever engages in sexual contact 

22 with another person— 

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

24 had been a sexual act, the sexual contact would be punish25 able under section 201(b)(1), shall be imprisoned not more 

26 than 10 years; 

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

28 had been a sexual act, the sexual contact would be punish29 able under section 201(b)(2), shall be imprisoned not more 

30 than 3 years; and 

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

32 had been a sexual act, the sexual contact would be punish33 able under section 201(b)(3), shall be imprisoned not more 

34 than 2 years. 

35 ‘‘(b) ENHANCED PENALTY WHERE CONTACT IS WITH A

36 CHILD UNDER 12 YEARS OF AGE.—If the sexual contact that 

37 violates this section is with an individual who has not attained 


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1 the age of 12 years, the maximum term of imprisonment that 

2 may be imposed for the offense is twice that otherwise provided 

3 in this section. 

4 ‘‘§ 203. Special rules and defenses 

5 ‘‘(a) PROOF OF STATE OF MIND AS TO AGE.—In a prosecu6 tion under this subchapter involving a sexual act or sexual con7 tact with a child, the Government need not prove that the de8 fendant knew the age of the child or that any age difference 

9 required for the offense did not exist. 

10 ‘‘(b) DEFENSES.— 

11 ‘‘(1) SEXUAL ABUSE OR SEXUAL CONTACT INVOLVING A

12 CHILD.—It is a affirmative defense to a prosecution under 

13 this subchapter for an offense involving a child where an 

14 element of the offense is that the child not be 16 years of 

15 age or older that the defendant reasonably believed the 

16 child to be 16 years of age or older. 

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

18 defense to prosecution for an offense under this subchapter 

19 involving a sexual act or sexual contact with a ward, that 

20 the ward was married to the person engaging in the sexual 

21 act or contact at the time of the alleged offense. 

22 ‘‘§ 204. Sexual abuse resulting in death 

23 ‘‘Whoever, in the course of an offense under this subchapter, 

24 engages in conduct that results in the death of a person, shall 

25 be punished by death or imprisoned for any term of years or 

26 for life. 

27 ‘‘§ 205. Definitions for subchapter 

28 ‘‘As used in this subchapter— 

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

30 ‘‘(A) contact between the penis and the vulva or the 

31 penis and the anus, and for purposes of this subpara32 graph contact involving the penis occurs upon penetra33 tion, however slight; 

34 ‘‘(B) contact between the mouth and the penis, the 

35 mouth and the vulva, or the mouth and the anus; 

36 ‘‘(C) the penetration, however slight, of the anal or 

37 genital opening of another by a hand or finger or by 


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1 any object, with an intent to abuse, humiliate, harass, 

2 degrade, or arouse or gratify the sexual desire of any 

3 person; or 

4 ‘‘(D) the intentional touching, not through the cloth5 ing, of the genitalia of another person who has not at6 tained the age of 16 years with an intent to abuse, hu7 miliate, harass, degrade, or arouse or gratify the sexual 

8 desire of any person; 

9 ‘‘(2) the term ‘sexual contact’ means the intentional 

10 touching, either directly or through the clothing, of the 

11 genitalia, anus, groin, breast, inner thigh, or buttocks of 

12 any person with an intent to abuse, humiliate, harass, de13 grade, or arouse or gratify the sexual desire of any person; 

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

15 ‘‘(A) detention by a Federal officer or employee, or 

16 under the direction of a Federal officer or employee, 

17 following arrest for an offense; following surrender in 

18 lieu of arrest for an offense; following a charge or con19 viction of an offense, or an allegation or finding of ju20 venile delinquency; following commitment as a material 

21 witness; following civil commitment in lieu of criminal 

22 proceedings or pending resumption of criminal pro23 ceedings that are being held in abeyance, or pending 

24 extradition, deportation, or exclusion; or 

25 ‘‘(B) custody by a Federal officer or employee, or 

26 under the direction of a Federal officer or employee, 

27 for purposes incident to any detention described in sub28 paragraph (A) of this paragraph, including transpor29 tation, medical diagnosis or treatment, court appear30 ance, work, and recreation; 

31 but does not include supervision or other control (other 

32 than custody during specified hours or days) after release 

33 on bail, probation, or parole, or after release following a 

34 finding of juvenile delinquency. 


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1 ‘‘SUBCHAPTER B—TRANSPORT FOR ILLEGAL 

2 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. 

3 ‘‘§ 211. Transportation generally 

4 ‘‘Whoever knowingly transports an individual in interstate or 

5 foreign commerce, or in any territory or possession of the 

6 United States, with intent that such individual engage in pros7 titution, or in any sexual activity for which any person can be 

8 charged with a criminal offense, or attempts to do so, shall be 

9 imprisoned not more than 10 years. 

10 ‘‘§ 212. Coercion and enticement 

11 ‘‘(a) Whoever knowingly persuades, induces, entices, or co12 erces any individual to travel in interstate or foreign commerce, 

13 or in any territory or possession of the United States, to en14 gage in prostitution, or in any sexual activity for which any 

15 person can be charged with a criminal offense, or attempts to 

16 do so, shall be imprisoned not more than 20 years. 

17 ‘‘(b) Whoever, using any facility of interstate or foreign com18 merce, or within the special maritime and territorial jurisdic19 tion of the United States, knowingly persuades, induces, en20 tices, or coerces any child to engage in prostitution or any sex21 ual activity for which any person can be charged with a crimi22 nal offense, or attempts to do so, shall be imprisoned not less 

23 than 5 years and not more than 30 years. 

24 ‘‘§ 213. Transportation of children 

25 ‘‘(a) TRANSPORTATION WITH INTENT TO ENGAGE IN CRIMI26 NAL SEXUAL ACTIVITY.—Whoever transports a child in inter27 state or foreign commerce, or in any territory or possession of 

28 the United States, with intent that the child engage in prostitu29 tion, or in any sexual activity for which any person can be 

30 charged with a criminal offense, shall be imprisoned not less 

31 than 5 years and not more than 30 years. 

32 ‘‘(b) TRAVEL WITH INTENT TO ENGAGE IN ILLICIT SEXUAL

33 CONDUCT.—Whoever travels in interstate commerce or travels 


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1 into the United States, or, being a United States citizen or an 

2 alien admitted for permanent residence in the United States, 

3 travels in foreign commerce, for the purpose of engaging in any 

4 illicit sexual conduct shall be imprisoned not more than 30 

5 years. 

6 ‘‘(c) ENGAGING IN ILLICIT SEXUAL CONDUCT IN FOREIGN

7 PLACES.—Any United States citizen or alien admitted for per8 manent residence who travels in foreign commerce, and engages 

9 in any illicit sexual conduct shall be imprisoned not more than 

10 30 years. 

11 ‘‘(d) ANCILLARY OFFENSES.—Whoever, for the purpose of 

12 commercial advantage or private financial gain, arranges, in13 duces, procures, or facilitates the travel of a person knowing 

14 that such a person is traveling in interstate commerce or for15 eign commerce for the purpose of engaging in illicit sexual con16 duct shall be imprisoned not more than 30 years. 

17 ‘‘(e) DEFINITION.—As used in this section, the term ‘illicit 

18 sexual conduct’ means— 

19 ‘‘(1) a sexual act (as defined in section 205) with a child 

20 that would be in violation of subchapter A if the sexual act 

21 occurred in the special maritime and territorial jurisdiction 

22 of the United States; 

23 ‘‘(2) any commercial sex act (as defined in section 1265) 

24 with a child; or 

25 ‘‘(3) the production of child pornography, as defined in 

26 section 229. 

27 ‘‘(f) DEFENSE.—In a prosecution under this section based 

28 on illicit sexual conduct as defined in subsection (f)(2), it is an 

29 affirmative defense that the defendant reasonably believed that 

30 the person with whom the defendant engaged in the commercial 

31 sex act had attained the age of 18 years. 

32 ‘‘§ 214. Use of interstate facilities to transmit infor33 mation about a child 

34 ‘‘Whoever, using a facility of interstate or foreign commerce, 

35 or within the special maritime and territorial jurisdiction of the 

36 United States, knowingly transmits of the name, address, tele37 phone number, social security number, or electronic mail adVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 dress of another individual, knowing that such other individual 

2 has not attained the age of 16 years, with the intent to entice, 

3 encourage, offer, or solicit any person to engage in any sexual 

4 activity for which any person can be charged with a criminal 

5 offense, or attempts to do so, shall be imprisoned not more 

6 than 5 years. 

7 ‘‘SUBCHAPTER C—SEXUAL EXPLOITATION OF 

8 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. 

9 ‘‘§ 221. Sexual exploitation of children 

10 ‘‘(a) OFFENSE.—Whoever, as made applicable in subsection 

11 (b)— 

12 ‘‘(1) either— 

13 ‘‘(A) employs, uses, persuades, induces, entices, or 

14 coerces any child to engage in, or who has a child assist 

15 any other person to engage in, any sexually explicit 

16 conduct for the purpose of producing any visual depic17 tion of such conduct or for the purpose of transmitting 

18 a live visual dipiction of such conduct; or 

19 ‘‘(B) transports any child in interstate or foreign 

20 commerce, or in any territory or possession of the 

21 United States, with the intent that such child engage 

22 in such conduct for such purpose; or 

23 ‘‘(2) being a parent, legal guardian, or person having 

24 custody or control of a child knowingly permits such child 

25 to engage in, or to assist any other person to engage in, 

26 sexually explicit conduct for the purpose of producing any 

27 visual depiction of such conduct or for the purpose of 

28 transmitting a live visual depiction of such conduct; 

29 shall be punished as provided under subsection (e). 

30 ‘‘(b) APPLICABILITY.—Subsection (a) applies if— 


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1 ‘‘(1) the person engaging in that conduct knows or has 

2 reason to know that such visual depiction will be trans3 ported or transmitted in or affecting interstate or foreign 

4 commerce; 

5 ‘‘(2) such visual depiction was produced using materials 

6 that have been transported in or affecting interstate or for7 eign commerce; 

8 ‘‘(3) such visual depiction has actually been transported 

9 or transmitted in or affecting interstate or foreign com10 merce; or 

11 ‘‘(4) the conduct constituting the offense occurs in or af12 fects interstate or foreign commerce. 

13 ‘‘(c) EXTRATERRITORIAL JURISDICTION.—There is 

14 extraterritorial jurisdiction over an offense under subsection 

15 (a)(1) if the offender— 

16 ‘‘(1) intends such visual depiction to be transported to 

17 the United States; or 

18 ‘‘(2) transports such visual depiction to the United 

19 States. 

20 ‘‘(d) ADVERTISEMENTS.—(1) Whoever, as made applicable 

21 by paragraph (2), knowingly makes, prints, or publishes, or 

22 causes to be made, printed, or published, any notice or adver23 tisement seeking or offering— 

24 ‘‘(A) to receive, exchange, buy, produce, display, dis25 tribute, or reproduce, any visual depiction, if the production 

26 of such visual depiction involves the use of a child engaging 

27 in sexually explicit conduct and such visual depiction is of 

28 such conduct; or 

29 ‘‘(B) participation in any act of sexually explicit conduct 

30 by or with any child for the purpose of producing a visual 

31 depiction of such conduct; 

32 shall be punished as provided under subsection (e). 

33 ‘‘(2) Paragraph (1) applies if— 

34 ‘‘(A) such person knows or has reason to know that such 

35 notice or advertisement will be transported in or affecting 

36 interstate or foreign commerce; or 


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1 ‘‘(B) such notice or advertisement is transported in or 

2 affecting interstate or foreign commerce. 

3 ‘‘(e) PUNISHMENT.—Whoever violates this section shall be 

4 imprisoned not less than 15 years nor more than 30 years, but 

5 if such person has one prior conviction under this subchapter, 

6 subchapter F of chapter 35, or under section 920 of title 10 

7 (article 120 of the Uniform Code of Military Justice), or under 

8 the laws of any State relating to the sexual exploitation of chil9 dren, such person shall be imprisoned for not less than 25 

10 years nor more than 50 years, but if such person has 2 or more 

11 such prior convictions, such person shall be imprisoned not less 

12 than 35 years nor more than life. Whoever, in the course of 

13 an offense under this section, engages in conduct that results 

14 in the death of a person, shall be punished by death or impris15 oned for any term of years or for life. 

16 ‘‘§ 222. Selling or buying of children 

17 ‘‘(a) TRANSFER OF CUSTODY.—Whoever, as made applicable 

18 by subsection (d) and with a mental state described in sub19 section (c) having custody or control of a child, transfers that 

20 custody or control, or offers to do so, shall be punished by im21 prisonment for not less than 30 years or for life. 

22 ‘‘(b) OBTAINING CUSTODY.—Whoever, as made applicable by 

23 subsection (d) and with a mental state described in subsection 

24 (c), obtains custody or control of a child, or offers to do so, 

25 shall be punished by imprisonment for not less than 30 years 

26 or for life. 

27 ‘‘(c) MENTAL STATE.—The mental state referred to in sub28 sections (a) and (b) is— 

29 ‘‘(1) knowledge that, as a consequence of the transfer of 

30 custody, the child will be portrayed in a visual depiction en31 gaging in, or assisting another person to engage in, sexu32 ally explicit conduct; or 

33 ‘‘(2) intent to promote either— 

34 ‘‘(A) the engaging in of sexually explicit conduct by 

35 such child for the purpose of producing any visual de36 piction of such conduct; or 


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1 ‘‘(B) the rendering of assistance by the child to any 

2 other person to engage in sexually explicit conduct for 

3 the purpose of producing any visual depiction of such 

4 conduct. 

5 ‘‘(d) FEDERAL NEXUS.—Conduct described in subsection (a) 

6 and (b) is an offense if— 

7 ‘‘(1) in the course of the conduct the child or the person 

8 engaging in the conduct travel in interstate or foreign com9 merce; 

10 ‘‘(2) any offer described in such subsections was commu11 nicated or transported in or affecting interstate or foreign 

12 commerce; or 

13 ‘‘(3) the conduct took place in any territory or possession 

14 of the United States. 

15 ‘‘§ 223. Certain activities relating to material in16 volving the sexual exploitation of children 

17 and child pornography 

18 ‘‘(a) OFFENSE.—Whoever, as made applicable by subsection 

19 (b)— 

20 ‘‘(1) knowingly— 

21 ‘‘(A) transports an exploitative visual depiction or 

22 child pornography; 

23 ‘‘(B) receives, or distributes, any exploitative visual 

24 depiction or child pornography; or 

25 ‘‘(C) reproduces any exploitative visual depiction or 

26 child pornography for distribution; 

27 ‘‘(2) knowingly— 

28 ‘‘(A) sells or possesses with intent to sell any exploit29 ative visual depiction or child pornography; or 

30 ‘‘(B) knowingly possesses an exploitative visual de31 piction or child pornography; 

32 ‘‘(3) advertises, promotes, presents, distributes, or solic33 its any material or purported material in a manner that re34 flects the belief, or that is intended to cause another to be35 lieve, that the material or purported material contains an 

36 exploitative visual depiction or child pornography; 


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1 ‘‘(4) knowingly produces with intent to distribute, or dis2 tributes, by any means, including a computer, child pornog3 raphy that is an adapted or modified deciction of an identi4 fiable minor; 

5 shall be punished as provided in subsection (c). 

6 ‘‘(b) APPLICABILITY.—Subsection (a) applies if— 

7 ‘‘(1) the conduct occurs in the special maritime and ter8 ritorial jurisdiction of the United States, or in the Indian 

9 country as defined in section 871 of this title; 

10 ‘‘(2) the conduct is in or affects interstate or foreign 

11 commerce; or 

12 ‘‘(3) the exploitative visual depiction or child pornog13 raphy is transported in or affecting interstate or foreign 

14 commerce, or was produced using materials which have 

15 been so transported. 

16 ‘‘(c) PUNISHMENT.—The punishment for a violation of this 

17 section is as follows: 

18 ‘‘(1) Whoever violates paragraph (1) or (2)(A) of sub19 section (a) shall be imprisoned not less than 5 years and 

20 not more than 20 years, but if such person has a prior con21 viction under this chapter, subchapter F of chapter 35, or 

22 under section 920 of title 10 (article 120 of the Uniform 

23 Code of Military Justice), or under the laws of any State 

24 relating to aggravated sexual abuse, sexual abuse, or abu25 sive sexual conduct involving a child or ward, or the pro26 duction, possession, receipt, mailing, sale, distribution, 

27 shipment, or transportation of child pornography, such per28 son shall be imprisoned for not less than 15 years nor more 

29 than 40 years. 

30 ‘‘(2) Whoever violates paragraph (2)(B) of subsection (a) 

31 shall be imprisoned not more than 10 years, but if such 

32 person has a prior conviction under this subchapter, sub33 chapter F of chapter 35, or under section 920 of title 10 

34 (article 120 of the Uniform Code of Military Justice), or 

35 under the laws of any State relating to aggravated sexual 

36 abuse, sexual abuse, or abusive sexual conduct involving a 

37 child or ward, or the production, possession, receipt, mailVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00054 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 ing, sale, distribution, shipment, or transportation of child 

2 pornography, such person shall be imprisoned for not less 

3 than 10 years nor more than 20 years. 

4 ‘‘(3) Whoever violates paragraph (4) of subsection (a) 

5 shall be imprisoned not more than 15 years. 

6 ‘‘(d) AFFIRMATIVE DEFENSE.—It is an affirmative defense 

7 to a charge of violating paragraph (2)(B) of subsection (a) that 

8 the defendant— 

9 ‘‘(1) possessed less than three matters containing any 

10 visual depiction proscribed by that paragraph; and 

11 ‘‘(2) promptly and in good faith, and without retaining 

12 or allowing any person, other than a law enforcement agen13 cy, to access any visual depiction or copy thereof— 

14 ‘‘(A) took reasonable steps to destroy each such vis15 ual depiction; or 

16 ‘‘(B) reported the matter to a law enforcement agen17 cy and afforded that agency access to each such visual 

18 depiction. 

19 ‘‘(e) ADMISSIBILITY OF EVIDENCE.—On motion of the gov20 ernment, in any prosecution under this subchapter or section 

21 1444, except for good cause shown, the name, address, social 

22 security number, or other nonphysical identifying information, 

23 other than the age or approximate age, of any child who is de24 picted in any child pornography shall not be admissible and 

25 may be redacted from any otherwise admissible evidence, and 

26 the jury shall be instructed, upon request of the United States, 

27 that it can draw no inference from the absence of such evidence 

28 in deciding whether the child pornography depicts an actual 

29 child. 

30 ‘‘(f) EXPLOITATIVE VISUAL DEPICTION DEFINED.—In this 

31 section, a visual depiction is an exploitative visual depiction if— 

32 ‘‘(1) the producing of such visual depiction involves the 

33 use of a child engaging in sexually explicit conduct; and 

34 ‘‘(2) such visual depiction is of such conduct. 

35 ‘‘§ 224. Misleading domain names on the Internet 

36 ‘‘(a) OBSCENITY.—Whoever knowingly uses a misleading do37 main name on the Internet with the intent to deceive a person 


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1 into viewing material constituting obscenity shall be imprisoned 

2 not more than 2 years. 

3 ‘‘(b) MATERIAL HARMFUL TO CHILDREN.—Whoever know4 ingly uses a misleading domain name on the Internet with the 

5 intent to deceive a child into viewing material that is harmful 

6 to Children on the Internet shall be imprisoned not more than 

7 4 years. 

8 ‘‘(c) DEFINITION.—For the purposes of this section— 

9 ‘‘(1) a domain name that includes a word or words to 

10 indicate the sexual content of the site, such as ‘sex’ or 

11 ‘porn’, is not misleading; 

12 ‘‘(2) the term ‘material that is harmful to children’ 

13 means any communication, consisting of nudity, sex, or ex14 cretion, that, taken as a whole and with reference to its 

15 context— 

16 ‘‘(A) predominantly appeals to a prurient interest of 

17 children; 

18 ‘‘(B) is patently offensive to prevailing standards in 

19 the adult community as a whole with respect to what 

20 is suitable material for children; and 

21 ‘‘(C) lacks serious literary, artistic, political, or sci22 entific value for children; and 

23 ‘‘(3) as used in this subsection, the term ‘sex’ means acts 

24 of masturbation, sexual intercourse, or physical contact 

25 with a person’s genitals, or the condition of human male 

26 or female genitals when in a state of sexual stimulation or 

27 arousal. 

28 ‘‘§ 225. Definitions for subchapter 

29 ‘‘In this subchapter the following definitions apply: 

30 ‘‘(1)(A) Except as provided in subparagraph (B), the 

31 term ‘sexually explicit conduct’ means actual or simu32 lated— 

33 ‘‘(i) sexual intercourse, including genital-genital, 

34 oral-genital, anal-genital, or oral-anal, whether between 

35 persons of the same or opposite sex; 

36 ‘‘(ii) bestiality; 

37 ‘‘(iii) masturbation; 


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1 ‘‘(iv) sadistic or masochistic abuse; or 

2 ‘‘(v) lascivious exhibition of the genitals or pubic 

3 area of any person. 

4 ‘‘(B) For purposes of paragraph 5(B), the term ‘sexually 

5 explicit conduct’ means— 

6 ‘‘(i) graphic sexual intercourse, including genital-gen7 ital, oral-genital, anal-genital, or oral-anal, whether be8 tween persons of the same or opposite sex, or lascivious 

9 simulated sexual intercourse where the genitals, breast, 

10 or pubic area of any person is exhibited; 

11 ‘‘(ii) graphic or lascivious simulated— 

12 ‘‘(I) bestiality; 

13 ‘‘(II) masturbation; or 

14 ‘‘(III) sadistic or masochistic abuse; or 

15 ‘‘(iii) graphic or simulated lascivious exhibition of the 

16 genitals or pubic area of any person. 

17 ‘‘(2) The term ‘producing’ means producing, directing, 

18 manufacturing, issuing, publishing, or advertising. 

19 ‘‘(3) The term ‘visual depiction’ includes undeveloped 

20 film and videotape, data stored on computer disk or by 

21 electronic means which is capable of conversion into a vis22 ual image, and data which is capable of conversion into a 

23 visual image that has been transmitted by any means, 

24 whether or not stored in a permanent format. 

25 ‘‘(4) The term‘custody or control’ includes temporary su26 pervision over or responsibility for a child whether legally 

27 or illegally obtained. 

28 ‘‘(5) The term ‘child pornography’ means any visual de29 piction, including any photograph, film, video, picture, or 

30 computer or computer-generated image or picture, whether 

31 made or produced by electronic, mechanical, or other 

32 means, of sexually explicit conduct, where— 

33 ‘‘(A) the production of such visual depiction involves 

34 the use of a child engaging in sexually explicit conduct; 

35 ‘‘(B) such visual depiction is a digital image, com36 puter image, or computer-generated image that is, or 


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1 is indistinguishable from, that of a child engaging in 

2 sexually explicit conduct; or 

3 ‘‘(C) such visual depiction has been created, adapted, 

4 or modified to appear that an identifiable child is en5 gaging in sexually explicit conduct. 

6 ‘‘(6) The term ‘identifiable child’— 

7 ‘‘(A) means a person— 

8 ‘‘(i)(I) who was a child at the time the visual de9 piction was created, adapted, or modified; or 

10 ‘‘(II) whose image as a child was used in cre11 ating, adapting, or modifying the visual depiction; 

12 and 

13 ‘‘(ii) who is recognizable as an actual person by 

14 the person’s face, likeness, or other distinguishing 

15 characteristic, such as a unique birthmark or other 

16 recognizable feature; and 

17 ‘‘(B) shall not be construed to require proof of the 

18 actual identity of the identifiable child. 

19 ‘‘(7) The term ‘graphic’, when used with respect to a de20 piction of sexually explicit conduct, means that a viewer 

21 can observe any part of the genitals or pubic area of any 

22 depicted person or animal during any part of the time that 

23 the sexually explicit conduct is being depicted. 

24 ‘‘(8) The term ‘indistinguishable’ used with respect to a 

25 depiction, means virtually indistinguishable, in that the de26 piction is such that an ordinary person viewing the depic27 tion would conclude that the depiction is of an actual child 

28 engaged in sexually explicit conduct. This definition does 

29 not apply to depictions that are drawings, cartoons, sculp30 tures, or paintings depicting minors or adults. 

31 ‘‘§ 226. Record keeping requirements 

32 ‘‘(a) DUTY TO KEEP RECORDS.—Whoever produces any 

33 book, magazine, periodical, film, videotape, or other matter 

34 which— 

35 ‘‘(1) contains one or more visual depictions made after 

36 November 1, 1990 of actual sexually explicit conduct; and 


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1 ‘‘(2) is produced in whole or in part with materials which 

2 have been mailed or shipped in interstate or foreign com3 merce, or is shipped or transported or is intended for ship4 ment or transportation in interstate or foreign commerce; 

5 shall create and maintain individually identifiable records per6 taining to every performer portrayed in such a visual depiction. 

7 ‘‘(b) DUTY TO ASCERTAIN CERTAIN INFORMATION.—Any 

8 person to whom subsection (a) applies shall, with respect to 

9 every performer portrayed in a visual depiction of actual sexu10 ally explicit conduct— 

11 ‘‘(1) ascertain, by examination of an identification docu12 ment containing such information, the performer’s name 

13 and date of birth, and require the performer to provide 

14 such other indicia of his or her identity as may be pre15 scribed by regulations; 

16 ‘‘(2) ascertain any name, other than the performer’s 

17 present and correct name, ever used by the performer in18 cluding maiden name, alias, nickname, stage, or profes19 sional name; and 

20 ‘‘(3) record in the records required by subsection (a) the 

21 information required by paragraphs (1) and (2) of this sub22 section and such other identifying information as may be 

23 prescribed by regulation. 

24 ‘‘(c) WHERE RECORDS MAINTAINED AND AVAILABILITY FOR

25 INSPECTION.—Any person to whom subsection (a) applies shall 

26 maintain the records required by this section at his business 

27 premises, or at such other place as the Attorney General may 

28 by regulation prescribe and shall make such records available 

29 to the Attorney General for inspection at all reasonable times. 

30 ‘‘(d) EXCLUSION OF EVIDENCE.— 

31 ‘‘(1) No information or evidence obtained from records 

32 required to be created or maintained by this section shall, 

33 except as provided in this section, directly or indirectly, be 

34 used as evidence against any person with respect to any 

35 violation of law. 

36 ‘‘(2) Paragraph (1) of this subsection does not preclude 

37 the use of such information or evidence in a prosecution or 


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1 other action for a violation of this subchapter or subchapter 

2 F of chapter 35, or for a violation of any applicable provi3 sion of law with respect to the furnishing of false informa4 tion. 

5 ‘‘(e) STATEMENT.— 

6 ‘‘(1) Any person to whom subsection (a) applies shall 

7 cause to be affixed to every copy of any matter described 

8 in paragraph (1) of subsection (a) of this section, in such 

9 manner and in such form as the Attorney General shall by 

10 regulations prescribe, a statement describing where the 

11 records required by this section with respect to all per12 formers depicted in that copy of the matter may be located. 

13 ‘‘(2) If the person to whom subsection (a) of this section 

14 applies is an organization the statement required by this 

15 subsection shall include the name, title, and business ad16 dress of the individual employed by such organization re17 sponsible for maintaining the records required by this sec18 tion. 

19 ‘‘(f) UNLAWFUL ACTS.—It shall be unlawful— 

20 ‘‘(1) for any person to whom subsection (a) applies to 

21 fail to create or maintain the records as required by sub22 sections (a) and (c) or by any regulation promulgated 

23 under this section; 

24 ‘‘(2) for any person to whom subsection (a) applies 

25 knowingly to make any false entry in or knowingly to fail 

26 to make an appropriate entry in, any record required by 

27 subsection (b) of this section or any regulation promulgated 

28 under this section; 

29 ‘‘(3) for any person to whom subsection (a) applies 

30 knowingly to fail to comply with subsection (e) or any regu31 lation promulgated pursuant to that subsection; and 

32 ‘‘(4) for any person knowingly to sell or otherwise trans33 fer, or offer for sale or transfer, any book, magazine, peri34 odical, film, video, or other matter, produce in whole or in 

35 part with materials which have been mailed or shipped in 

36 interstate or foreign commerce or which is intended for 

37 shipment in interstate or foreign commerce, which— 


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1 ‘‘(A) contains one or more visual depictions made 

2 after the made after November 1, 1990 of actual sexu3 ally explicit conduct; and 

4 ‘‘(B) is produced in whole or in part with materials 

5 which have been mailed or shipped in interstate or for6 eign commerce, or is shipped or transported or is in7 tended for shipment or transportation in interstate or 

8 foreign commerce; 

9 which does not have affixed thereto, in a manner prescribed 

10 as set forth in subsection (e)(1), a statement describing 

11 where the records required by this section may be located, 

12 but such person shall have no duty to determine the accu13 racy of the contents of the statement or the records re14 quired to be kept. 

15 ‘‘(g) REGULATIONS.—The Attorney General shall issue ap16 propriate regulations to carry out this section. 

17 ‘‘(h) DEFINITIONS.—As used in this section— 

18 ‘‘(1) the term ‘actual sexually explicit conduct’ means ac19 tual but not simulated conduct as defined in subparagraphs 

20 (A) through (D) of paragraph (2) of section 229 of this 

21 title; 

22 ‘‘(2) ‘identification document’ has the meaning given 

23 that term in section 783; 

24 ‘‘(3) the term ‘produces’ means to produce, manufacture, 

25 or publish any book, magazine, periodical, film, video tape, 

26 computer generated image, digital image, or picture, or 

27 other similar matter and includes the duplication, reproduc28 tion, or reissuing of any such matter, but does not include 

29 mere distribution or any other activity which does not in30 volve hiring, contracting for managing, or otherwise ar31 ranging for the participation of the performers depicted; 

32 and 

33 ‘‘(4) the term ‘performer’ includes any person portrayed 

34 in a visual depiction engaging in, or assisting another per35 son to engage in, actual sexually explicit conduct. 

36 ‘‘(i) PENALTY FOR ANY VIOLATION OF THIS SECTION.— 

37 Whoever violates this section shall be imprisoned for not more 


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1 than 5 years. Whoever violates this section after having been 

2 convicted of a violation punishable under this section shall be 

3 imprisoned for any period of years not more than 10 years but 

4 not less than 2 years. 

5 ‘‘§ 227. Failure to report child abuse 

6 ‘‘Whoever, while engaged in a professional capacity or activ7 ity described in subsection (b) of section 226 of the Victims of 

8 Child Abuse Act of 1990 on Federal land or in a federally oper9 ated (or contracted) facility, learns of facts that give reason to 

10 suspect that a child has suffered an incident of child abuse, as 

11 defined in subsection (c) of that section, and fails to make a 

12 timely report as required by subsection (a) of that section, shall 

13 be imprisoned not more than 6 months. 

14 ‘‘SUBCHAPTER D—SEX OFFENDER REGISTRY 

‘‘Sec. 

‘‘241. Failure to register. 

15 ‘‘§ 241. Failure to register 

16 ‘‘(a) IN GENERAL.—Whoever— 

17 ‘‘(1) is required to register under the Sex Offender Reg18 istration and Notification Act; 

19 ‘‘(2)(A) is a sex offender as defined for the purposes of 

20 the Sex Offender Registration and Notification Act by rea21 son of a conviction under Federal law (including the Uni22 form Code of Military Justice), the law of the District of 

23 Columbia, Indian tribal law, or the law of any territory or 

24 possession of the United States; or 

25 ‘‘(B) travels in interstate or foreign commerce, or enters 

26 or leaves, or resides in, Indian country; and 

27 ‘‘(3) knowingly fails to register or update a registration 

28 as required by the Sex Offender Registration and Notifica29 tion Act; 

30 shall be imprisoned not more than 10 years. 

31 ‘‘(b) AFFIRMATIVE DEFENSE.—In a prosecution for a viola32 tion under subsection (a), it is an affirmative defense that— 

33 ‘‘(1) uncontrollable circumstances prevented the indi34 vidual from complying; 


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1 ‘‘(2) the individual did not contribute to the creation of 

2 such circumstances in reckless disregard of the requirement 

3 to comply; and 

4 ‘‘(3) the individual complied as soon as such cir5 cumstances ceased to exist. 

6 ‘‘(c) CRIME OF VIOLENCE.— 

7 ‘‘(1) IN GENERAL.—An individual described in sub8 section (a) who commits a crime of violence under Federal 

9 law (including the Uniform Code of Military Justice), the 

10 law of the District of Columbia, Indian tribal law, or the 

11 law of any territory or possession of the United States shall 

12 be imprisoned for not less than 5 years and not more than 

13 30 years. 

14 ‘‘(2) ADDITIONAL PUNISHMENT.—The punishment pro15 vided in paragraph (1) shall be in addition and consecutive 

16 to the punishment provided for the violation described in 

17 subsection (a). 

18 ‘‘SUBCHAPTER E—GENERAL PROVISIONS AND 

19 DEFINITIONS 

‘‘Sec. 

‘‘255. Repeat offenders. 

‘‘256. Civil remedy for personal injuries. 

20 ‘‘§ 255. Repeat offenders 

21 ‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The maximum 

22 term of imprisonment for a violation of subchapter A or B 

23 after a prior sex offense conviction shall be twice the term of 

24 imprisonment otherwise provided by this chapter, unless section 

25 3559(e) applies. 

26 ‘‘(b) DEFINITIONS.—In this section the term ‘prior sex of27 fense conviction’ means a conviction for an offense— 

28 ‘‘(1) under this chapter; or 

29 ‘‘(2) under State law for an offense consisting of conduct 

30 that would have been an offense under this chapter if the 

31 conduct had occurred within the special maritime and terri32 torial jurisdiction of the United States; and 


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1 ‘‘§ 256. Civil remedy for personal injuries 

2 ‘‘(a) A child who is a victim of a violation of section 201, 

3 202, 203, 211, 212, 213, 221, 222, or 223 and who suffers 

4 personal injury as a result of such violation may sue in any ap5 propriate United States District Court and shall recover the ac6 tual damages such minor sustains and the cost of the suit, in7 cluding a reasonable attorney’s fee. Any child as described in 

8 the preceding sentence shall be deemed to have sustained dam9 ages of no less than $50,000 in value. 

10 ‘‘(b) Any action commenced under this section shall be 

11 barred unless the complaint is filed within six years after the 

12 right of action first accrues or in the case of a person under 

13 a legal disability, not later than three years after the disability. 

14 ‘‘CHAPTER 15—NATIONAL SECURITY AND 

15 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 

16 ‘‘SUBCHAPTER A—TREASON, SEDITION, AND 

17 SUBVERSIVE ACTIVITIES 

‘‘Sec. 

‘‘261. Treason. 

‘‘262. Misprision of treason. 

‘‘263. Rebellion or insurrection. 

‘‘264. Seditious conspiracy. 

‘‘265. Advocating overthrow of Government. 

18 ‘‘§ 261. Treason 

19 ‘‘Whoever, owing allegiance to the United States, levies war 

20 against them or adheres to their enemies, giving them aid and 

21 comfort within the United States or elsewhere, is guilty of trea22 son and shall suffer death or be imprisoned for any term of 

23 years not less than five, and shall be incapable of holding any 

24 office under the United States. 

25 ‘‘§ 262. Misprision of treason 

26 ‘‘Whoever, owing allegiance to the United States and having 

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1 ceals and does not, as soon as may be, disclose and make 

2 known the same to the President or to some judge of the 

3 United States, or to the governor or to some judge or justice 

4 of a particular State, is guilty of misprision of treason and 

5 shall be imprisoned not more than seven years. 

6 ‘‘§ 263. Rebellion or insurrection 

7 ‘‘Whoever incites, sets on foot, assists, or engages in any re8 bellion or insurrection against the authority of the United 

9 States or the laws thereof, or gives aid or comfort thereto, shall 

10 be imprisoned not more than ten years and shall be incapable 

11 of holding any office under the United States. 

12 ‘‘§ 264. Seditious conspiracy 

13 ‘‘If two or more persons in any State, or in any place subject 

14 to the jurisdiction of the United States, conspire to overthrow, 

15 put down, or to destroy by force the Government of the United 

16 States, or to levy war against them, or to oppose by force the 

17 authority thereof, or by force to prevent, hinder, or delay the 

18 execution of any law of the United States, or by force to seize, 

19 take, or possess any property of the United States contrary to 

20 the authority thereof, they shall each be imprisoned not more 

21 than 20 years. 

22 ‘‘§ 265. Advocating overthrow of Government 

23 ‘‘(a) IN GENERAL.—Whoever— 

24 ‘‘(1) knowingly advocates, advises, or teaches the duty, 

25 necessity, desirability, or propriety of overthrowing or de26 stroying the Government of the United States or the gov27 ernment of any State, or the government of any political 

28 subdivision therein, by force or violence, or by the assas29 sination of any officer of any such government; 

30 ‘‘(2) with intent to cause the overthrow or destruction of 

31 any such government, prints, publishes, edits, issues, cir32 culates, sells, distributes, or publicly displays any written or 

33 printed matter advocating, advising, or teaching the duty, 

34 necessity, desirability, or propriety of overthrowing or de35 stroying any government in the United States by force or 

36 violence; or 


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1 ‘‘(3) organizes or helps to organize any society, group, or 

2 assembly of persons who teach, advocate, or encourage the 

3 overthrow or destruction of any such government by force 

4 or violence; or becomes or is a member of, or affiliates with, 

5 any such society, group, or assembly of persons, knowing 

6 the purposes thereof; 

7 shall be imprisoned not more than 20 years, and shall be ineli8 gible for employment by the United States or any department 

9 or agency thereof, for the five years next following the convic10 tion. 

11 ‘‘(b) CONSPIRACY.—If two or more persons conspire to com12 mit any offense named in this section, each shall be imprisoned 

13 not more than 20 years and shall be ineligible for employment 

14 by the United States or any department or agency thereof, for 

15 the five years next following the conviction. 

16 ‘‘(c) DEFINITION.—As used in this section, the term ‘orga17 nize’, with respect to any society, group, or assembly of per18 sons, includes the recruiting of new members, the forming of 

19 new units, and the regrouping or expansion of existing clubs, 

20 classes, and other units of such society, group, or assembly of 

21 persons. 

22 ‘‘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. 


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1 ‘‘§ 271. Weapons of mass destruction, and explo2 sives and other lethal devices 

3 ‘‘(a) OFFENSE.—Whoever, without lawful authority, uses, 

4 threatens, to use, a weapon of mass destruction or an explosive 

5 or other lethal device— 

6 ‘‘(1) against any property that is owned, leased, or used 

7 by the United States or by any department or agency of 

8 the United States, whether the property is within or out9 side of the United States; 

10 ‘‘(2) against a national of the United States while such 

11 national is outside of the United States; 

12 ‘‘(3) against any person or property within the United 

13 States, if the offense is in, or affects, interstate or foreign 

14 commerce; or 

15 ‘‘(4) against any person or property outside of the 

16 United States, if the offender is a national of the United 

17 States; 

18 shall be imprisoned for any term of years or for life, and if 

19 death results, shall be punished by death or imprisoned for any 

20 term of years or for life. 

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

22 ‘‘(1) the term ‘weapon of mass destruction’ means— 

23 ‘‘(A) any destructive device as defined in section 581; 

24 ‘‘(B) any weapon that is designed or intended to 

25 cause death or serious bodily injury through the re26 lease, dissemination, or impact of toxic or poisonous 

27 chemicals, or their precursors; 

28 ‘‘(C) any weapon involving a biological agent, toxin, 

29 or vector (as those terms are in defined in section 627); 

30 ‘‘(D) any weapon that is designed to release radi31 ation or radioactivity at a level dangerous to human 

32 life; or 

33 ‘‘(E) any lethal device or explosive; 

34 ‘‘(2) the term ‘property’ includes all real and personal 

35 property; 

36 ‘‘(3) the term ‘explosive’ has the meaning given in sec37 tion 844(j) of this title insofar that it is designed, or has 


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1 the capability, to cause death, serious bodily injury, or sub2 stantial material damage; and 

3 ‘‘(4) the term ‘other lethal device’ means any weapon or 

4 device that is designed or has the capability to cause death, 

5 serious bodily injury, or substantial damage to property 

6 through the release, dissemination, or impact of toxic 

7 chemicals, biological agents, or toxins (as those terms are 

8 defined in section 178 of this title) or radiation or radio9 active material. 

10 ‘‘§ 272. Atomic weapons 

11 ‘‘(a) OFFENSE.—Whoever, except as provided in section 91 

12 of the Atomic Energy Act of 1954, in or affecting interstate 

13 or foreign commerce in the United States or, as made applica14 ble by subsection (b) outside the United States, knowingly par15 ticipates in the development of, manufactures, produces, trans16 fers, acquires, receives, possesses, imports, exports, or uses, or 

17 possesses and threatens to use, any atomic weapon. Nothing in 

18 this section modifies section 31 a. or section 101 of the Atomic 

19 Energy Act of 1954. 

20 ‘‘(b) FEDERAL NEXUS TO CONDUCT OUTSIDE OF THE

21 UNITED STATES.— Conduct outside the United States is pro22 hibited by subsection (a) if— 

23 ‘‘(1) the offense is committed by a national of the United 

24 States; or 

25 ‘‘(2) the offense is committed against a national of the 

26 United States. 

27 ‘‘§ 273. Acts of terrorism transcending national 

28 boundaries 

29 ‘‘(a) PROHIBITED ACTS.— 

30 ‘‘(1) OFFENSES.—Whoever, involving conduct tran31 scending national boundaries and as made applicable by 

32 subsection (b)— 

33 ‘‘(A) kills, kidnaps, maims, commits an assault re34 sulting in serious bodily injury, or assaults with a dan35 gerous weapon any person within the United States; or 

36 ‘‘(B) creates a substantial risk of serious bodily in37 jury to any other person by destroying or damaging 


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1 any structure, conveyance, or other real or personal 

2 property within the United States or by attempting or 

3 conspiring to destroy or damage any structure, convey4 ance, or other real or personal property within the 

5 United States; 

6 in violation of the laws of any State, or the United States, 

7 shall be punished as prescribed in subsection (c). 

8 ‘‘(2) TREATMENT OF THREATS, ATTEMPTS, AND CON9 SPIRACIES.—Whoever threatens to commit an offense 

10 under paragraph (1) shall be punished under subsection 

11 (c). 

12 ‘‘(b) APPLICABILITY.— 

13 ‘‘(1) IN GENERAL.—Subsection (a) applies if— 

14 ‘‘(A) the mail or any facility of interstate or foreign 

15 commerce is used in furtherance of the offense; 

16 ‘‘(B) the offense obstructs, delays, or affects inter17 state or foreign commerce, or would have so obstructed, 

18 delayed, or affected interstate or foreign commerce if 

19 the offense had been consummated; 

20 ‘‘(C) the victim, or intended victim, is the United 

21 States Government, a member of the uniformed serv22 ices, or any official, officer, employee, or agent of the 

23 legislative, executive, or judicial branches, or of any de24 partment or agency, of the United States; 

25 ‘‘(D) the structure, conveyance, or other real or per26 sonal property is, in whole or in part, owned, possessed, 

27 or leased to the United States, or any department or 

28 agency of the United States; 

29 ‘‘(E) the offense is committed in the territorial sea 

30 (including the airspace above and the seabed and sub31 soil below, and artificial islands and fixed structures 

32 erected thereon) of the United States; or 

33 ‘‘(F) the offense is committed within the special mar34 itime and territorial jurisdiction of the United States. 

35 ‘‘(2) CO-CONSPIRATORS AND ACCESSORIES AFTER THE

36 FACT.—Subsection (a) applies with respect to all principals 

37 and co-conspirators of an offense under this section, and 


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1 accessories after the fact to any offense under this section, 

2 if at least one of the circumstances described in subpara3 graphs (A) through (F) of paragraph (1) is applicable to 

4 at least one offender. 

5 ‘‘(c) PENALTIES.— 

6 ‘‘(1) GENERALLY.—Whoever violates this section shall be 

7 punished— 

8 ‘‘(A) for a killing, or if death results to any person 

9 from any other conduct prohibited by this section, by 

10 death, or by imprisonment for any term of years or for 

11 life; 

12 ‘‘(B) for kidnapping, by imprisonment for any term 

13 of years or for life; 

14 ‘‘(C) for maiming, by imprisonment for not more 

15 than 35 years; 

16 ‘‘(D) for assault with a dangerous weapon or assault 

17 resulting in serious bodily injury, by imprisonment for 

18 not more than 30 years; 

19 ‘‘(E) for destroying or damaging any structure, con20 veyance, or other real or personal property, by impris21 onment for not more than 25 years; 

22 ‘‘(F) for attempting or conspiring to commit an of23 fense, for any term of years up to the maximum pun24 ishment that would have applied had the offense been 

25 completed; and 

26 ‘‘(G) for threatening to commit an offense under this 

27 section, by imprisonment for not more than 10 years. 

28 ‘‘(2) CONSECUTIVE SENTENCE.—Notwithstanding any 

29 other provision of law, the court shall not place on proba30 tion any person convicted of a violation of this section; nor 

31 shall the term of imprisonment imposed under this section 

32 run concurrently with any other term of imprisonment. 

33 ‘‘(d) PROOF REQUIREMENTS.—The following shall apply to 

34 prosecutions under this section: 

35 ‘‘(1) KNOWLEDGE.—The prosecution is not required to 

36 prove knowledge by any defendant of a jurisdictional base 

37 alleged in the indictment. 


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1 ‘‘(2) STATE LAW.—In a prosecution under this section 

2 that is based upon the adoption of State law, only the ele3 ments of the offense under State law, and not any provi4 sions pertaining to criminal procedure or evidence, are 

5 adopted. 

6 ‘‘(e) EXTRATERRITORIAL JURISDICTION.—There is 

7 extraterritorial Federal jurisdiction— 

8 ‘‘(1) over any offense under subsection (a), including any 

9 threat, attempt, or conspiracy to commit such offense; and 

10 ‘‘(2) over conduct which, under section 3, renders any 

11 person an accessory after the fact to an offense under sub12 section (a). 

13 ‘‘(f) INVESTIGATIVE AUTHORITY.—In addition to any other 

14 investigative authority with respect to violations of this title, 

15 the Attorney General shall have primary investigative responsi16 bility for all Federal crimes of terrorism, and any violation of 

17 section 102, 112, 614, 955, 1201, or 1205 and the Secretary 

18 of the Treasury shall assist the Attorney General at the request 

19 of the Attorney General. Nothing in this section shall be con20 strued to interfere with the authority of the United States Se21 cret Service under section 3056. 

22 ‘‘(g) REQUESTS FOR MILITARY ASSISTANCE.—The Attorney 

23 General may request the Secretary of Defense to provide assist24 ance under section 382 of title 10 in support of Department 

25 of Justice activities relating to the enforcement of section 271 

26 during an emergency situation involving a weapon of mass de27 struction. The authority to make such a request may be exer28 cised by another official of the Department of Justice in ac29 cordance with section 382(f)(2) of title 10. 

30 ‘‘(h) DEFINITIONS.—As used in this section— 

31 ‘‘(1) the term ‘conduct transcending national boundaries’ 

32 means conduct occurring outside of the United States in 

33 addition to the conduct occurring in the United States; 

34 ‘‘(2) the term ‘territorial sea of the United States’ means 

35 all waters extending seaward to 12 nautical miles from the 

36 baselines of the United States, determined in accordance 

37 with international law; and 


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1 ‘‘(3) the term ‘Federal crime of terrorism’ means an of2 fense that— 

3 ‘‘(A) is calculated to influence or affect the conduct 

4 of government by intimidation or coercion, or to retali5 ate against government conduct; and 

6 ‘‘(B) is a violation of— 

7 ‘‘(i) section 1301 (relating to destruction of air8 craft or aircraft facilities), 1305 (relating to vio9 lence at international airports), 571 (relating to 

10 arson within special maritime and territorial juris11 diction), 621 or 623 (relating to biological weap12 ons), 624 (relating to variola virus), 631 (relating 

13 to chemical weapons), 271 (relating weapons of 

14 mass destruction and explosives and other lethal 

15 devices), 612(m) or (n) (relating to plastic explo16 sives), 614(f)(2) or (3) (relating to arson and 

17 bombing of Government property risking or causing 

18 death), 614(i) (relating to arson and bombing of 

19 property used in interstate commerce), 593(c) (re20 lating to killing or attempted killing during an at21 tack on a Federal facility with a dangerous weap22 on), 102(5) or (9) (relating to killings abroad), 

23 787(a)(1) (relating to protection of computers), 

24 787(a)(5)(A)(i) resulting in damage as defined in 

25 787(a)(5)(B)(ii) through (v) (relating to protection 

26 of computers), 102(2), (4), or (8) (relating to kill27 ing of officers and employees of the United States 

28 foreign officials, official guests, or internationally 

29 protected persons), 123 (relating to hostage tak30 ing), 1201 (relating to government property or con31 tracts), 1202 (relating to destruction of commu32 nication lines, stations, or systems), 1203 (relating 

33 to injury to buildings or property within special 

34 maritime and territorial jurisdiction of the United 

35 States), 1205(a) (relating to destruction of an en36 ergy facility), 1331 (relating to terrorist attacks 

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1 tation systems), 274 (relating to financial trans2 actions), 275 (relating to missile systems designed 

3 to destroy aircraft), 276 (relating to radiological 

4 dispersal devices), 277 (relating to harboring ter5 rorists), 278 (relating to providing material support 

6 to terrorists), 279 (relating to providing material 

7 support to terrorist organizations), 280 (relating to 

8 financing of terrorism, or 1291 (relating to torture) 

9 of this title; 

10 ‘‘(ii) section 92 (relating to prohibitions gov11 erning atomic weapons) or 236 (relating to sabo12 tage of nuclear facilities or fuel) of the Atomic En13 ergy Act of 1954 (42 U.S.C. 2122 or 2284); or 

14 ‘‘(iii) section 46502 (relating to aircraft piracy), 

15 the second sentence of section 46504 (relating to 

16 assault on a flight crew with a dangerous weapon), 

17 section 46505(b)(3) or (c) (relating to explosive or 

18 incendiary devices, or endangerment of human life 

19 by means of weapons, on aircraft), section 46506 

20 if homicide or attempted homicide is involved (re21 lating to application of certain criminal laws to acts 

22 on aircraft), or section 60123(b) (relating to de23 struction of interstate gas or hazardous liquid pipe24 line facility) of title 49. 

25 ‘‘§ 274. Financial transactions 

26 ‘‘(a) OFFENSE.—Except as provided in regulations issued by 

27 the Secretary of the Treasury, in consultation with the Sec28 retary of State, whoever, being a United States person, know29 ing or having reasonable cause to know that a country is des30 ignated under section 6(j) of the Export Administration Act of 

31 1979 (50 U.S.C. App. 2405) as a country supporting inter32 national terrorism, engages in a financial transaction with the 

33 government of that country, shall be imprisoned for not more 

34 than 10 years. 

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

36 ‘‘(1) the term ‘financial transaction’ has the same mean37 ing as in section 1451; and 


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1 ‘‘(2) the term ‘United States person’ means any— 

2 ‘‘(A) United States citizen or national; 

3 ‘‘(B) permanent resident alien; 

4 ‘‘(C) juridical person organized under the laws of the 

5 United States; or 

6 ‘‘(D) any person in the United States. 

7 ‘‘§ 275. Missile systems designed to destroy air8 craft 

9 ‘‘(a) UNLAWFUL CONDUCT.— 

10 ‘‘(1) IN GENERAL.—Except as provided in paragraph 

11 (3), it shall be unlawful for any person to knowingly 

12 produce, construct, otherwise acquire, transfer directly or 

13 indirectly, receive, possess, import, export, or use, or pos14 sess and threaten to use— 

15 ‘‘(A) an explosive or incendiary rocket or missile that 

16 is guided by any system designed to enable the rocket 

17 or missile to— 

18 ‘‘(i) seek or proceed toward energy radiated or 

19 reflected from an aircraft or toward an image locat20 ing an aircraft; or 

21 ‘‘(ii) otherwise direct or guide the rocket or mis22 sile to an aircraft; 

23 ‘‘(B) any device designed or intended to launch or 

24 guide a rocket or missile described in subparagraph 

25 (A); or 

26 ‘‘(C) any part or combination of parts designed or 

27 redesigned for use in assembling or fabricating a rock28 et, missile, or device described in subparagraph (A) or 

29 (B). 

30 ‘‘(2) NONWEAPON.—Paragraph (1)(A) does not apply to 

31 any device that is neither designed nor redesigned for use 

32 as a weapon. 

33 ‘‘(3) EXCLUDED CONDUCT.—This subsection does not 

34 apply with respect to— 

35 ‘‘(A) conduct by or under the authority of the United 

36 States or any department or agency thereof or of a 

37 State or any department or agency thereof; or 


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1 ‘‘(B) conduct pursuant to the terms of a contract 

2 with the United States or any department or agency 

3 thereof or with a State or any department or agency 

4 thereof. 

5 ‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is 

6 within the jurisdiction of the United States if— 

7 ‘‘(1) the offense occurs in or affects interstate or foreign 

8 commerce; 

9 ‘‘(2) the offense occurs outside of the United States and 

10 is committed by a national of the United States; 

11 ‘‘(3) the offense is committed against a national of the 

12 United States while the national is outside the United 

13 States; 

14 ‘‘(4) the offense is committed against any property that 

15 is owned, leased, or used by the United States or by any 

16 department or agency of the United States, whether the 

17 property is within or outside the United States; or 

18 ‘‘(5) an offender aids or abets any person over whom ju19 risdiction exists under this subsection in committing an of20 fense under this section or conspires with any person over 

21 whom jurisdiction exists under this subsection to commit 

22 an offense under this section. 

23 ‘‘(c) CRIMINAL PENALTIES.— 

24 ‘‘(1) IN GENERAL.—Whoever violates subsection (a) shall 

25 be sentenced to a term of imprisonment not less than 25 

26 years or to imprisonment for life. 

27 ‘‘(2) OTHER CIRCUMSTANCES.—Whoever, in the course 

28 of a violation of subsection (a), uses or possesses and 

29 threatens to use, any item or items described in subsection 

30 (a), shall be imprisoned for not less than 30 years or im31 prisoned for life. 

32 ‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another 

33 results from a person’s violation of subsection (a), the per34 son shall be punished by imprisonment for life. 

35 ‘‘(d) DEFINITION.—As used in this section, the term ‘air36 craft’ has the definition set forth in section 40102(a)(6) of title 

37 49. 


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1 ‘‘§ 276. Radiological dispersal devices 

2 ‘‘(a) UNLAWFUL CONDUCT.— 

3 ‘‘(1) IN GENERAL.—Except as provided in paragraph 

4 (2), it shall be unlawful for any person to knowingly 

5 produce, construct, otherwise acquire, transfer directly or 

6 indirectly, receive, possess, import, export, or use, or pos7 sess and threaten to use— 

8 ‘‘(A) any weapon that is designed or intended to re9 lease radiation or radioactivity at a level dangerous to 

10 human life; or 

11 ‘‘(B) any device or other object that is capable of 

12 and designed or intended to endanger human life 

13 through the release of radiation or radioactivity. 

14 ‘‘(2) EXCEPTION.—This subsection does not apply with 

15 respect to— 

16 ‘‘(A) conduct by or under the authority of the United 

17 States or any department or agency thereof; or 

18 ‘‘(B) conduct pursuant to the terms of a contract 

19 with the United States or any department or agency 

20 thereof. 

21 ‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is 

22 within the jurisdiction of the United States if— 

23 ‘‘(1) the offense occurs in or affects interstate or foreign 

24 commerce; 

25 ‘‘(2) the offense occurs outside of the United States and 

26 is committed by a national of the United States; 

27 ‘‘(3) the offense is committed against a national of the 

28 United States while the national is outside the United 

29 States; 

30 ‘‘(4) the offense is committed against any property that 

31 is owned, leased, or used by the United States or by any 

32 department or agency of the United States, whether the 

33 property is within or outside the United States; or 

34 ‘‘(5) an offender aids or abets any person over whom ju35 risdiction exists under this subsection in committing an of36 fense under this section or conspires with any person over 


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1 whom jurisdiction exists under this subsection to commit 

2 an offense under this section. 

3 ‘‘(c) CRIMINAL PENALTIES.— 

4 ‘‘(1) IN GENERAL.—Whoever violates subsection (a) shall 

5 be sentenced to a term of imprisonment not less than 25 

6 years or to imprisonment for life. 

7 ‘‘(2) OTHER CIRCUMSTANCES.—Whoever, in the course 

8 of a violation of subsection (a), uses or possesses and 

9 threatens to use, any item or items described in subsection 

10 (a), shall be imprisoned for not less than 30 years or im11 prisoned for life. 

12 ‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another 

13 results from a person’s violation of subsection (a), the per14 son shall be punished by imprisonment for life. 

15 ‘‘§ 277. Harboring or concealing terrorists 

16 ‘‘(a) OFFENSE.—Whoever harbors or conceals any person 

17 who he knows, or has reasonable grounds to believe, has com18 mitted, or is about to commit, an offense under section 1301 

19 (relating to destruction of aircraft or aircraft facilities), section 

20 621 (relating to biological weapons), section 631 (relating to 

21 chemical weapons), section 601 (relating to nuclear materials), 

22 paragraph (2) or (3) of section 614(f) (relating to arson and 

23 bombing of government property risking or causing injury or 

24 death), section 1205(a) (relating to the destruction of an en25 ergy facility), section 13404.51 (relating to violence against 

26 maritime navigation), section 271 (relating to weapons of mass 

27 destruction), or section 273 (relating to acts of terrorism tran28 scending national boundaries) of this title, section 236(a) (re29 lating to sabotage of nuclear facilities or fuel) of the Atomic 

30 Energy Act of 1954 (42 U.S.C. 2284(a)), or section 46502 (re31 lating to aircraft piracy) of title 49, shall imprisoned not more 

32 than ten years. 

33 ‘‘(b) VENUE.—A violation of this section may be prosecuted 

34 in any Federal judicial district in which the underlying offense 

35 was committed, or in any other Federal judicial district as pro36 vided by law. 


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1 ‘‘§ 278. Providing material support to terrorists 

2 ‘‘(a) OFFENSE.—Whoever provides material support or re3 sources or conceals or disguises the nature, location, source, or 

4 ownership of material support or resources, knowing or intend5 ing that they are to be used in preparation for, or in carrying 

6 out, a violation of section 271, 273, 276, 1301, 1306, 571, 

7 621, 631, 102, 112, 121(m) or (n), 601, 1201, 1202, 1203, 

8 1205, 1331, 1651, 1291, 278, or 279 of this title, section 236 

9 of the Atomic Energy Act of 1954 (42 U.S.C. 2284) section 

10 46502 or 60123(b) of title 49, or any offense listed in section 

11 273(g)(5)(B) (except for sections 278 and 279) or in prepara12 tion for, or in carrying out, the concealment of an escape from 

13 the commission of any such violation shall be imprisoned not 

14 more than 15 years. A violation of this section may be pros15 ecuted in any Federal judicial district in which the underlying 

16 offense was committed, or in any other Federal judicial district 

17 as provided by law, and, if the death of any person results, 

18 shall be imprisoned for any term of years or for life. 

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

20 ‘‘(1) the term ‘material support or resources’ means any 

21 property, tangible or intangible, or service, including cur22 rency or monetary instruments or financial securities, fi23 nancial services, lodging, training, expert advice or assist24 ance, safehouses, false documentation or identification, 

25 communications equipment, facilities, weapons, lethal sub26 stances, explosives, personnel (1 or more individuals who 

27 may be or include oneself), and transportation, except med28 icine or religious materials; 

29 ‘‘(2) the term ‘training’ means instruction or teaching 

30 designed to impart a specific skill, as opposed to general 

31 knowledge; and 

32 ‘‘(3) the term ‘expert advice or assistance’ means advice 

33 or assistance derived from scientific, technical or other spe34 cialized knowledge. 

35 ‘‘§ 279. Providing material support or resources to 

36 designated foreign terrorist organizations 

37 ‘‘(a) PROHIBITED ACTIVITIES.— 


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1 ‘‘(1) UNLAWFUL CONDUCT.—Whoever as made applica2 ble by subsection (d) knowingly provides material support 

3 or resources to a foreign terrorist organization shall be im4 prisoned not more than 15 years, or both, and if the death 

5 of any person results, shall be imprisoned for any term of 

6 years or for life. To violate this paragraph, a person must 

7 have knowledge that the organization is a designated ter8 rorist organization (as defined in subsection (g)(6)), that 

9 the organization has engaged or engages in terrorist activ10 ity (as defined in section 212(a)(3)(B) of the Immigration 

11 and Nationality Act), or that the organization has engaged 

12 or engages in terrorism (as defined in section 140(d)(2) of 

13 the Foreign Relations Authorization Act, Fiscal Years 1988 

14 and 1989). 

15 ‘‘(2) FINANCIAL INSTITUTIONS.—Except as authorized 

16 by the Secretary, any financial institution that becomes 

17 aware that it has possession of, or control over, any funds 

18 in which a foreign terrorist organization, or its agent, has 

19 an interest, shall— 

20 ‘‘(A) retain possession of, or maintain control over, 

21 such funds; and 

22 ‘‘(B) report to the Secretary the existence of such 

23 funds in accordance with regulations issued by the Sec24 retary. 

25 ‘‘(b) CIVIL PENALTY.—Any financial institution that know26 ingly fails to comply with subsection (a)(2) shall be subject to 

27 a civil penalty in an amount that is the greater of— 

28 ‘‘(A) $50,000 per violation; or 

29 ‘‘(B) twice the amount of which the financial institution 

30 was required under subsection (a)(2) to retain possession 

31 or control. 

32 ‘‘(c) INJUNCTION.—Whenever it appears to the Secretary or 

33 the Attorney General that any person is engaged in, or is about 

34 to engage in, any act that constitutes, or would constitute, a 

35 violation of this section, the Attorney General may initiate civil 

36 action in a district court of the United States to enjoin such 

37 violation. 


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1 ‘‘(d) FEDERAL NEXUS.—Subsection (a) applies if— 

2 ‘‘(1) an offender is a national of the United States or an 

3 alien lawfully admitted for permanent residence in the 

4 United States (as defined in section 101(a)(20) of the Im5 migration and Nationality Act (8 U.S.C. 1101(a)(20))); 

6 ‘‘(2) an offender is a stateless person whose habitual res7 idence is in the United States; 

8 ‘‘(3) after the conduct required for the offense occurs, an 

9 offender is brought into or found in the United States, even 

10 if the conduct required for the offense occurs outside the 

11 United States; 

12 ‘‘(4) the offense occurs in whole or in part within the 

13 United States; 

14 ‘‘(5) the offense occurs in or affects interstate or foreign 

15 commerce; or 

16 ‘‘(6) an offender aids or abets any person over whom ju17 risdiction exists under this paragraph in committing an of18 fense under subsection (a) or conspires with any person 

19 over whom jurisdiction exists under this paragraph to com20 mit an offense under subsection (a). 

21 ‘‘(e) INVESTIGATIONS.— 

22 ‘‘(1) IN GENERAL.—The Attorney General shall conduct 

23 any investigation of a possible violation of this section, or 

24 of any license, order, or regulation issued pursuant to this 

25 section. 

26 ‘‘(2) COORDINATION WITH THE DEPARTMENT OF THE

27 TREASURY.—The Attorney General shall work in coordina28 tion with the Secretary in investigations relating to— 

29 ‘‘(A) the compliance or noncompliance by a financial 

30 institution with the requirements of subsection (a)(2); 

31 and 

32 ‘‘(B) civil penalty proceedings authorized under sub33 section (b). 

34 ‘‘(3) REFERRAL.—Any evidence of a criminal violation of 

35 this section arising in the course of an investigation by the 

36 Secretary or any other Federal agency shall be referred im37 mediately to the Attorney General for further investigation. 


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1 The Attorney General shall timely notify the Secretary of 

2 any action taken on referrals from the Secretary, and may 

3 refer investigations to the Secretary for remedial licensing 

4 or civil penalty action. 

5 ‘‘(f) CLASSIFIED INFORMATION IN CIVIL PROCEEDINGS

6 BROUGHT BY THE UNITED STATES.— 

7 ‘‘(1) DISCOVERY OF CLASSIFIED INFORMATION BY DE8 FENDANTS.— 

9 ‘‘(A) REQUEST BY UNITED STATES.—In any civil 

10 proceeding under this section, upon request made ex 

11 parte and in writing by the United States, a court, 

12 upon a sufficient showing, may authorize the United 

13 States to— 

14 ‘‘(i) redact specified items of classified informa15 tion from documents to be introduced into evidence 

16 or made available to the defendant through dis17 covery under the Federal Rules of Civil Procedure; 

18 ‘‘(ii) substitute a summary of the information for 

19 such classified documents; or 

20 ‘‘(iii) substitute a statement admitting relevant 

21 facts that the classified information would tend to 

22 prove. 

23 ‘‘(B) ORDER GRANTING REQUEST.—If the court en24 ters an order granting a request under this paragraph, 

25 the entire text of the documents to which the request 

26 relates shall be sealed and preserved in the records of 

27 thecourt to be made available to the appellate court in 

28 the event of an appeal. 

29 ‘‘(C) DENIAL OF REQUEST.—If the court enters an 

30 order denying a request of the United States under this 

31 paragraph, the United States may take an immediate, 

32 interlocutory appeal in accordance with paragraph (5). 

33 For purposes of such an appeal, the entire text of the 

34 documents to which the request relates, together with 

35 any transcripts of arguments made ex parte to the 

36 court in connection therewith, shall be maintained 

37 under seal and delivered to the appellate court. 


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1 ‘‘(2) INTRODUCTION OF CLASSIFIED INFORMATION; PRE2 CAUTIONS BY COURT.— 

3 ‘‘(A) EXHIBITS.—To prevent unnecessary or inad4 vertent disclosure of classified information in a civil 

5 proceeding brought by the United States under this 

6 section, the United States may petition the court ex 

7 parte to admit, in lieu of classified writings, recordings, 

8 or photographs, one or more of the following: 

9 ‘‘(i) Copies of items from which classified infor10 mation has been redacted. 

11 ‘‘(ii) Stipulations admitting relevant facts that 

12 specific classified information would tend to prove. 

13 ‘‘(iii) A declassified summary of the specific clas14 sified information. 

15 ‘‘(B) DETERMINATION BY COURT.—The court shall 

16 grant a request under this paragraph if the court finds 

17 that the redacted item, stipulation, or summary is suf18 ficient to allow the defendant to prepare a defense. 

19 ‘‘(3) TAKING OF TRIAL TESTIMONY.— 

20 ‘‘(A) OBJECTION.—During the examination of a wit21 ness in any civil proceeding brought by the United 

22 States under this subsection, the United States may 

23 object to any question or line of inquiry that may re24 quire the witness to disclose classified information not 

25 previously found to be admissible. 

26 ‘‘(B) ACTION BY COURT.—In determining whether a 

27 response is admissible, the court shall take precautions 

28 to guard against the compromise of any classified infor29 mation, including— 

30 ‘‘(i) permitting the United States to provide the 

31 court, ex parte, with a proffer of the witness’s re32 sponse to the question or line of inquiry; and 

33 ‘‘(ii) requiring the defendant to provide the court 

34 with a proffer of the nature of the information that 

35 the defendant seeks to elicit. 

36 ‘‘(C) OBLIGATION OF DEFENDANT.—In any civil pro37 ceeding under this section, it shall be the defendant’s 


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1 obligation to establish the relevance and materiality of 

2 any classified information sought to be introduced. 

3 ‘‘(4) APPEAL.—If the court enters an order denying a 

4 request of the United States under this subsection, the 

5 United States may take an immediate interlocutory appeal 

6 in accordance with paragraph (5). 

7 ‘‘(5) INTERLOCUTORY APPEAL.— 

8 ‘‘(A) SUBJECT OF APPEAL.—An interlocutory appeal 

9 by the United States shall lie to a court of appeals 

10 from a decision or order of a district court— 

11 ‘‘(i) authorizing the disclosure of classified infor12 mation; 

13 ‘‘(ii) imposing sanctions for nondisclosure of 

14 classified information; or 

15 ‘‘(iii) refusing a protective order sought by the 

16 United States to prevent the disclosure of classified 

17 information. 

18 ‘‘(B) EXPEDITED CONSIDERATION.— 

19 ‘‘(i) IN GENERAL.—An appeal taken pursuant to 

20 this paragraph, either before or during trial, shall 

21 be expedited by the court of appeals. 

22 ‘‘(ii) APPEALS PRIOR TO TRIAL.—If an appeal is 

23 of an order made prior to trial, an appeal shall be 

24 taken not later than 10 days after the decision or 

25 order appealed from, and the trial shall not com26 mence until the appeal is resolved. 

27 ‘‘(iii) APPEALS DURING TRIAL.—If an appeal is 

28 taken during trial, the trial court shall adjourn the 

29 trial until the appeal is resolved, and the court of 

30 appeals— 

31 ‘‘(I) shall hear argument on such appeal not 

32 later than 4 days after the adjournment of the 

33 trial; 

34 ‘‘(II) may dispense with written briefs other 

35 than the supporting materials previously sub36 mitted to the trial court; 


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1 ‘‘(III) shall render its decision not later than 

2 4 days after argument on appeal; and 

3 ‘‘(IV) may dispense with the issuance of a 

4 written opinion in rendering its decision. 

5 ‘‘(C) EFFECT OF RULING.—An interlocutory appeal 

6 and decision shall not affect the right of the defendant, 

7 in a subsequent appeal from a final judgment, to claim 

8 as error reversal by the trial court on remand of a rul9 ing appealed from during trial. 

10 ‘‘(6) CONSTRUCTION.—Nothing in this subsection shall 

11 prevent the United States from seeking protective orders or 

12 asserting privileges ordinarily available to the United States 

13 to protect against the disclosure of classified information, 

14 including the invocation of the military and State secrets 

15 privilege. 

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

17 ‘‘(1) the term ‘classified information’ has the meaning 

18 given that term in section 1(a) of the Classified Informa19 tion Procedures Act (18 U.S.C. App.); 

20 ‘‘(2) the term ‘funds’ includes coin or currency of the 

21 United States or any other country, traveler’s checks, per22 sonal checks, bank checks, money orders, stocks, bonds, de23 bentures, drafts, letters of credit, any other negotiable in24 strument, and any electronic representation of any of the 

25 foregoing; 

26 ‘‘(3) the term ‘material support or resources’ has the 

27 same meaning given that term in section 2339A (including 

28 the definitions of ‘training’ and ‘expert advice or assistance’ 

29 in that section); 

30 ‘‘(4) the term ‘Secretary’ means the Secretary of the 

31 Treasury; and 

32 ‘‘(6) the term ‘terrorist organization’ means an organiza33 tion designated as a terrorist organization under section 

34 219 of the Immigration and Nationality Act. 

35 ‘‘(h) PROVISION OF PERSONNEL.—No person may be pros36 ecuted under this section in connection with the term ‘per37 sonnel’ unless that person has knowingly provided a foreign 


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1 terrorist organization with 1 or more individuals (who may be 

2 or include himself) to work under that terrorist organization’s 

3 direction or control or to organize, manage, supervise, or other4 wise direct the operation of that organization. Individuals who 

5 act entirely independently of the foreign terrorist organization 

6 to advance its goals or objectives shall not be considered to be 

7 working under the foreign terrorist organization’s direction and 

8 control. 

9 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this section shall 

10 be construed or applied so as to abridge the exercise of rights 

11 guaranteed under the First Amendment to the Constitution of 

12 the United States. 

13 ‘‘(j) EXCEPTION.—No person may be prosecuted under this 

14 section in connection with the term ‘personnel’, ‘training’, or 

15 ‘expert advice or assistance’ if the provision of that material 

16 support or resources to a foreign terrorist organization was ap17 proved by the Secretary of State with the concurrence of the 

18 Attorney General. The Secretary of State may not approve the 

19 provision of any material support that may be used to carry out 

20 terrorist activity (as defined in section 212(a)(3)(B)(iii) of the 

21 Immigration and Nationality Act). 

22 ‘‘§ 280. Prohibitions against the financing of ter23 rorism 

24 ‘‘(a) OFFENSES.— 

25 ‘‘(1) IN GENERAL.—Whoever, in a circumstance de26 scribed in subsection (b), by any means, directly or indi27 rectly, unlawfully and knowingly provides or collects funds 

28 with the intention that such funds be used, or with the 

29 knowledge that such funds are to be used, in full or in 

30 part, in order to carry out— 

31 ‘‘(A) an act which constitutes an offense within the 

32 scope of a treaty specified in subsection (e)(7), as im33 plemented by the United States, or 

34 ‘‘(B) any other act intended to cause death or seri35 ous bodily injury to a civilian, or to any other person 

36 not taking an active part in the hostilities in a situation 

37 of armed conflict, when the purpose of such act, by its 


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1 nature or context, is to intimidate a population, or to 

2 compel a government or an international organization 

3 to do or to abstain from doing any act, 

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

5 ‘‘(2) RELATIONSHIP TO PREDICATE ACT.—For an act to 

6 constitute an offense set forth in this subsection, it shall 

7 not be necessary that the funds were actually used to carry 

8 out a predicate act. 

9 ‘‘(b) JURISDICTION.—There is jurisdiction over the offenses 

10 in subsection (a) in the following circumstances— 

11 ‘‘(1) the offense takes place in the United States and— 

12 ‘‘(A) a perpetrator was a national of another state 

13 or a stateless person; 

14 ‘‘(B) on board a vessel flying the flag of another 

15 state or an aircraft which is registered under the laws 

16 of another state at the time the offense is committed; 

17 ‘‘(C) on board an aircraft which is operated by the 

18 government of another state; 

19 ‘‘(D) a perpetrator is found outside the United 

20 States; 

21 ‘‘(E) was directed toward or resulted in the carrying 

22 out of a predicate act against— 

23 ‘‘(i) a national of another state; or 

24 ‘‘(ii) another state or a government facility of 

25 such state, including its embassy or other diplo26 matic or consular premises of that state; 

27 ‘‘(F) was directed toward or resulted in the carrying 

28 out of a predicate act committed in an attempt to com29 pel another state or international organization to do or 

30 abstain from doing any act; or 

31 ‘‘(G) was directed toward or resulted in the carrying 

32 out of a predicate act— 

33 ‘‘(i) outside the United States; or 

34 ‘‘(ii) within the United States, and either the of35 fense or the predicate act was conducted in, or the 

36 results thereof affected, interstate or foreign com37 merce; 


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1 ‘‘(2) the offense takes place outside the United States 

2 and— 

3 ‘‘(A) a perpetrator is a national of the United States 

4 or is a stateless person whose habitual residence is in 

5 the United States; 

6 ‘‘(B) a perpetrator is found in the United States; or 

7 ‘‘(C) was directed toward or resulted in the carrying 

8 out of a predicate act against— 

9 ‘‘(i) any property that is owned, leased, or used 

10 by the United States or by any department or 

11 agency of the United States, including an embassy 

12 or other diplomatic or consular premises of the 

13 United States; 

14 ‘‘(ii) any person or property within the United 

15 States; 

16 ‘‘(iii) any national of the United States or the 

17 property of such national; or 

18 ‘‘(iv) any property of any legal entity organized 

19 under the laws of the United States, including any 

20 of its States, districts, commonwealths, territories, 

21 or possessions; 

22 ‘‘(3) the offense is committed on board a vessel flying 

23 the flag of the United States or an aircraft which is reg24 istered under the laws of the United States at the time the 

25 offense is committed; 

26 ‘‘(4) the offense is committed on board an aircraft which 

27 is operated by the United States; or 

28 ‘‘(5) the offense was directed toward or resulted in the 

29 carrying out of a predicate act committed in an attempt to 

30 compel the United States to do or abstain from doing any 

31 act. 

32 ‘‘(c) CONCEALMENT.—Whoever— 

33 ‘‘(1)(A) is in the United States; or 

34 ‘‘(B) is outside the United States and is a national of 

35 the United States or a legal entity organized under the 

36 laws of the United States (including any of its States, dis37 tricts, commonwealths, territories, or possessions); and 


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1 ‘‘(2) knowingly conceals or disguises the nature, location, 

2 source, ownership, or control of any material support or re3 sources, or any funds or proceeds of such funds— 

4 ‘‘(A) knowing or intending that the support or re5 sources are to be provided, or knowing that the support 

6 or resources were provided, in violation of section 

7 2339B of this title; or 

8 ‘‘(B) knowing or intending that any such funds are 

9 to be provided or collected, or knowing that the funds 

10 were provided or collected, in violation of subsection 

11 (a), 

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

13 ‘‘(d) PENALTIES.— 

14 ‘‘(1) SUBSECTION (a).—Whoever violates subsection (a) 

15 shall be imprisoned for not more than 20 years. 

16 ‘‘(2) SUBSECTION (c).—Whoever violates subsection (c) 

17 shall be imprisoned for not more than 10 years. 

18 ‘‘(e) DEFINITIONS.—In this section— 

19 ‘‘(1) the term ‘funds’ means assets of every kind, wheth20 er tangible or intangible, movable or immovable, however 

21 acquired, and legal documents or instruments in any form, 

22 including electronic or digital, evidencing title to, or inter23 est in, such assets, including coin, currency, bank credits, 

24 travelers checks, bank checks, money orders, shares, securi25 ties, bonds, drafts, and letters of credit; 

26 ‘‘(2) the term ‘government facility’ means any permanent 

27 or temporary facility or conveyance that is used or occupied 

28 by representatives of a state, members of a government, the 

29 legislature, or the judiciary, or by officials or employees of 

30 a state or any other public authority or entity or by em31 ployees or officials of an intergovernmental organization in 

32 connection with their official duties; 

33 ‘‘(3) the term ‘proceeds’ means any funds derived from 

34 or obtained, directly or indirectly, through the commission 

35 of an offense set forth in subsection (a); 

36 ‘‘(4) the term ‘provides’ includes giving, donating, and 

37 transmitting; 


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1 ‘‘(5) the term ‘collects’ includes raising and receiving; 

2 ‘‘(6) the term ‘predicate act’ means any act referred to 

3 in subparagraph (A) or (B) of subsection (a)(1); 

4 ‘‘(7) the term ‘treaty’ means— 

5 ‘‘(A) the Convention for the Suppression of Unlawful 

6 Seizure of Aircraft, done at The Hague on December 

7 16, 1970; 

8 ‘‘(B) the Convention for the Suppression of Unlawful 

9 Acts against the Safety of Civil Aviation, done at Mon10 treal on September 23, 1971; 

11 ‘‘(C) the Convention on the Prevention and Punish12 ment of Crimes against Internationally Protected Per13 sons, including Diplomatic Agents, adopted by the Gen14 eral Assembly of the United Nations on December 14, 

15 1973; 

16 ‘‘(D) the International Convention against the Tak17 ing of Hostages, adopted by the General Assembly of 

18 the United Nations on December 17, 1979; 

19 ‘‘(E) the Convention on the Physical Protection of 

20 Nuclear Material, adopted at Vienna on March 3, 

21 1980; 

22 ‘‘(F) the Protocol for the Suppression of Unlawful 

23 Acts of Violence at Airports Serving International Civil 

24 Aviation, supplementary to the Convention for the Sup25 pression of Unlawful Acts against the Safety of Civil 

26 Aviation, done at Montreal on February 24, 1988; 

27 ‘‘(G) the Convention for the Suppression of Unlawful 

28 Acts against the Safety of Maritime Navigation, done 

29 at Rome on March 10, 1988; 

30 ‘‘(H) the Protocol for the Suppression of Unlawful 

31 Acts against the Safety of Fixed Platforms located on 

32 the Continental Shelf, done at Rome on March 10, 

33 1988; or 

34 ‘‘(I) the International Convention for the Suppres35 sion of Terrorist Bombings, adopted by the General As36 sembly of the United Nations on December 15, 1997; 


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1 ‘‘(8) the term ‘intergovernmental organization’ includes 

2 international organizations; 

3 ‘‘(9) the term ‘international organization’ has the same 

4 meaning as in section 136; 

5 ‘‘(10) the term ‘armed conflict’ does not include internal 

6 disturbances and tensions, such as riots, isolated and spo7 radic acts of violence, and other acts of a similar nature; 

8 ‘‘(11) the term ‘material support or resources’ has the 

9 same meaning given that term in section 2339B(g)(4) of 

10 this title; and 

11 ‘‘(12) the term ‘state’ has the same meaning as that 

12 term has under international law, and includes all political 

13 subdivisions thereof. 

14 ‘‘(f) CIVIL PENALTY.—In addition to any other criminal, 

15 civil, or administrative liability or penalty, any legal entity lo16 cated within the United States or organized under the laws of 

17 the United States, including any of the laws of its States, dis18 tricts, commonwealths, territories, or possessions, shall be liable 

19 to the United States for the sum of at least $10,000, if a per20 son responsible for the management or control of that legal en21 tity has, in that capacity, committed an offense set forth in 

22 subsection (a). 

23 ‘‘§ 281. Receiving military-type training from a 

24 foreign terrorist organization 

25 ‘‘(a) OFFENSE.—Whoever, if a circumstance exists that is 

26 described in section 279(d), knowingly receives military-type 

27 training from or on behalf of any organization designated at 

28 the time of the training by the Secretary of State under section 

29 219(a)(1) of the Immigration and Nationality Act as a foreign 

30 terrorist organization shall be imprisoned for ten years. To vio31 late this subsection, a person must have knowledge that the or32 ganization is a designated terrorist organization (as defined in 

33 subsection (c)(4)), that the organization has engaged or en34 gages in terrorist activity (as defined in section 212 of the Im35 migration and Nationality Act), or that the organization has 

36 engaged or engages in terrorism (as defined in section 


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1 140(d)(2) of the Foreign Relations Authorization Act, Fiscal 

2 Years 1988 and 1989). 

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

4 ‘‘(1) the term ‘military-type training’ includes training in 

5 means or methods that can cause death or serious bodily 

6 injury, destroy or damage property, or disrupt services to 

7 critical infrastructure, or training on the use, storage, pro8 duction, or assembly of any explosive, firearm or other 

9 weapon, including any weapon of mass destruction (as de10 fined in section 2232a(c)(2)); 

11 ‘‘(2) the term ‘critical infrastructure’ means systems and 

12 assets vital to national defense, national security, economic 

13 security, public health or safety including both regional and 

14 national infrastructure. Critical infrastructure may be pub15 licly or privately owned; examples of critical infrastructure 

16 include gas and oil production, storage, or delivery systems, 

17 water supply systems, telecommunications networks, elec18 trical power generation or delivery systems, financing and 

19 banking systems, emergency services (including medical, 

20 police, fire, and rescue services), and transportation sys21 tems and services (including highways, mass transit, air22 lines, and airports); and 

23 ‘‘(3) the term ‘foreign terrorist organization’ means an 

24 organization designated as a terrorist organization under 

25 section 219(a)(1) of the Immigration and Nationality Act. 

26 ‘‘§ 282. Civil remedies 

27 ‘‘(a) ACTION AND JURISDICTION.—Any national of the 

28 United States who suffers any loss by reason of an act of inter29 national terrorism, or the estate, survivors, or heirs of that na30 tional, may in a civil action in any appropriate district court 

31 of the United States recover threefold the damages sustained 

32 and the cost of the suit, including attorney’s fees. 

33 ‘‘(b) ESTOPPEL UNDER UNITED STATES LAW.—A final 

34 judgment or decree rendered in favor of the United States in 

35 any criminal proceeding under section 102, 111, 112, 121, or 

36 123 of this title or section 46314, 46502, 46505, or 46506 of 

37 title 49 shall estop the defendant from denying the essential alVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00091 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 legations of the criminal offense in any subsequent civil pro2 ceeding under this section. 

3 ‘‘(c) ESTOPPEL UNDER FOREIGN LAW.—A final judgment 

4 or decree rendered in favor of any foreign state in any criminal 

5 proceeding shall, to the extent that such judgment or decree 

6 may be accorded full faith and credit under the law of the 

7 United States, estop the defendant from denying the essential 

8 allegations of the criminal offense in any subsequent civil pro9 ceeding under this section. 

10 ‘‘(d) GENERAL VENUE.—A civil action under this section 

11 may be instituted the United States district court for any dis12 trict where any plaintiff resides or where any defendant resides 

13 or is served, or has an agent. Process in such a civil action may 

14 be served in any district where the defendant resides, is found, 

15 or has an agent. 

16 ‘‘(e) SPECIAL MARITIME OR TERRITORIAL JURISDICTION.— 

17 If the actions giving rise to the claim occurred within the spe18 cial maritime and territorial jurisdiction of the United States, 

19 then a civil action under this section may be instituted in the 

20 United States district court for any district in which any plain21 tiff resides or the defendant resides, is served, or has an agent. 

22 ‘‘(f) SERVICE ON WITNESSES.—A witness in a civil action 

23 brought under this section may be served in any other district 

24 where the defendant resides, is found, or has an agent. 

25 ‘‘(g) CONVENIENCE OF THE FORUM.—The district court 

26 shall not dismiss any action brought under this section on the 

27 grounds of the inconvenience or inappropriateness of the forum 

28 chosen, unless— 

29 ‘‘(1) the action may be maintained in a foreign court 

30 that has jurisdiction over the subject matter and over all 

31 the defendants; 

32 ‘‘(2) that foreign court is significantly more convenient 

33 and appropriate; and 

34 ‘‘(3) that foreign court offers a remedy which is substan35 tially the same as the one available in the courts of the 

36 United States. 

37 ‘‘(h) STATUTE OF LIMITATIONS.— 


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1 ‘‘(1) Subject to subsection (b), a civil action under this 

2 section shall not be maintained unless commenced within 4 

3 years after the date the cause of action accrued. 

4 ‘‘(2) The time of the absence of the defendant from the 

5 United States or from any jurisdiction in which the same 

6 or a similar action arising from the same facts may be 

7 maintained by the plaintiff, or of any concealment of the 

8 defendant’s whereabouts, shall not be included in the 4- 

9 year period set forth in paragraph (1). 

10 ‘‘(i) ACTS OF WAR.—No action shall be maintained under 

11 this section of this title for injury or loss by reason of an act 

12 of war. 

13 ‘‘(j) LIMITATION ON DISCOVERY.—If a party to an action 

14 under this section seeks to discover the investigative files of the 

15 Department of Justice, the Assistant Attorney General, Deputy 

16 Attorney General, or Attorney General may object on the 

17 ground that compliance will interfere with a criminal investiga18 tion or prosecution of the incident, or a national security oper19 ation related to the incident, which is the subject of the civil 

20 litigation. The court shall evaluate any such objections in cam21 era and shall stay the discovery if the court finds that granting 

22 the discovery request will substantially interfere with a criminal 

23 investigation or prosecution of the incident or a national secu24 rity operation related to the incident. The court shall consider 

25 the likelihood of criminal prosecution by the Government and 

26 other factors it deems to be appropriate. A stay of discovery 

27 under this subsection shall constitute a bar to the granting of 

28 a motion to dismiss under rules 12(b)(6) and 56 of the Federal 

29 Rules of Civil Procedure. If the court grants a stay of discovery 

30 under this subsection, it may stay the action in the interests 

31 of justice. 

32 ‘‘(k) STAY OF ACTION FOR CIVIL REMEDIES.— 

33 ‘‘(1) The Attorney General may intervene in any civil ac34 tion brought under this section for the purpose of seeking 

35 a stay of the civil action. A stay shall be granted if the 

36 court finds that the continuation of the civil action will sub37 stantially interfere with a criminal prosecution which inVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00093 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 volves the same subject matter and in which an indictment 

2 has been returned, or interfere with national security oper3 ations related to the terrorist incident that is the subject 

4 of the civil action. A stay may be granted for up to 6 

5 months. The Attorney General may petition the court for 

6 an extension of the stay for additional 6-month periods 

7 until the criminal prosecution is completed or dismissed. 

8 ‘‘(2) In a proceeding under this subsection, the Attorney 

9 General may request that any order issued by the court for 

10 release to the parties and the public omit any reference to 

11 the basis on which the stay was sought. 

12 ‘‘(l) SUITS AGAINST GOVERNMENTS.—No action shall be 

13 maintained under this section against— 

14 ‘‘(1) the United States, an agency of the United States, 

15 or an officer or employee of the United States or any agen16 cy thereof acting within his or her official capacity or under 

17 color of legal authority; or 

18 ‘‘(2) a foreign state, an agency of a foreign state, or an 

19 officer or employee of a foreign state or an agency thereof 

20 acting within his or her official capacity or under color of 

21 legal authority. 

22 ‘‘(m) EXCLUSIVE JURISDICTION.—The district courts of the 

23 United States shall have exclusive original jurisdiction over an 

24 action brought under this section. 

25 ‘‘§ 283. Definitions for subchapter 

26 ‘‘As used in this subchapter— 

27 ‘‘(1) the term ‘international terrorism’ means activities 

28 that— 

29 ‘‘(A) involve violent acts or acts dangerous to human 

30 life that are a violation of the criminal laws of the 

31 United States or of any State, or that would be a 

32 criminal violation if committed within the jurisdiction 

33 of the United States or of any State; 

34 ‘‘(B) appear to be intended— 

35 ‘‘(i) to intimidate or coerce a civilian population; 

36 ‘‘(ii) to influence the policy of a government by 

37 intimidation or coercion; or 


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1 ‘‘(iii) to affect the conduct of a government by 

2 mass destruction, assassination, or kidnapping; and 

3 ‘‘(C) occur primarily outside the territorial jurisdic4 tion of the United States, or transcend national bound5 aries in terms of the means by which they are accom6 plished, the persons they appear intended to intimidate 

7 or coerce, or the locale in which their perpetrators op8 erate or seek asylum; 

9 ‘‘(3) the term ‘person’ means any individual or entity ca10 pable of holding a legal or beneficial interest in property; 

11 ‘‘(4) the term ‘act of war’ means any act occurring in 

12 the course of— 

13 ‘‘(A) declared war; 

14 ‘‘(B) armed conflict, whether or not war has been de15 clared, between two or more nations; or 

16 ‘‘(C) armed conflict between military forces of any 

17 origin; and 

18 ‘‘(5) the term ‘domestic terrorism’ means activities 

19 that— 

20 ‘‘(A) involve acts dangerous to human life that are 

21 a violation of the criminal laws of the United States or 

22 of any State; 

23 ‘‘(B) appear to be intended— 

24 ‘‘(i) to intimidate or coerce a civilian population; 

25 ‘‘(ii) to influence the policy of a government by 

26 intimidation or coercion; or 

27 ‘‘(iii) to affect the conduct of a government by 

28 mass destruction, assassination, or kidnapping; and 

29 ‘‘(C) occur primarily within the territorial jurisdic30 tion of the United States. 

31 ‘‘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. 


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1 ‘‘§ 291. Entering military, naval, or Coast Guard 

2 property 

3 ‘‘Whoever— 

4 ‘‘(1) within the jurisdiction of the United States, goes 

5 upon any military, naval, or Coast Guard reservation, post, 

6 fort, arsenal, yard, station, or installation, for any purpose 

7 prohibited by law or lawful regulation; or 

8 ‘‘(2) reenters or is found within any such reservation, 

9 post, fort, arsenal, yard, station, or installation, after hav10 ing been removed therefrom or ordered not to reenter by 

11 any officer or person in command or charge thereof; 

12 shall be or imprisoned not more than six months. 

13 ‘‘§ 292. Use of Army and Air Force as posse com14 itatus 

15 ‘‘Whoever, except in cases and under circumstances expressly 

16 authorized by the Constitution or Act of Congress, knowingly 

17 uses any part of the Army or the Air Force as a posse com18 itatus or otherwise to execute the laws shall be imprisoned not 

19 more than two years. 

20 ‘‘§ 293. Disruptions of funerals of members or 

21 former members of the Armed Forces 

22 ‘‘(a) OFFENSE.—Whoever engages in disruptive activity at a 

23 covered funeral of a member or former member of the Armed 

24 services shall be imprisoned not more than one year. 

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

26 ‘‘(1) the term ‘disruptive activity’ means— 

27 ‘‘(A) during the period beginning 60 minutes before 

28 and ending 60 minutes after such funeral, knowingly 

29 making noise or a diversion with intent to disturb the 

30 peace and good order of the funeral that— 

31 ‘‘(i) is not part of the funeral; and 

32 ‘‘(ii) takes place within the boundaries of the lo33 cation of such funeral or takes place within 150 

34 feet of the point of the intersection between the 

35 boundary of the location of such funeral and a 

36 road, pathway, or other route of ingress to or 

37 egress from the location of such funeral; or 


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1 ‘‘(B)intentionally and without authorization, within 

2 300 feet of the boundary of the location of such fu3 neral, impeding access to or egress from the location of 

4 the funeral; 

5 ‘‘(2) the term ‘covered funeral’ means a ceremony or me6 morial service held in connection with the burial or crema7 tion of a member or former member of the Armed Forces, 

8 which is not located at a cemetery under the control of the 

9 National Cemetery Administration or part of Arlington Na10 tional Cemetery; 

11 ‘‘(3) the term ‘Armed Forces’ has the meaning given the 

12 term in section 101 of title 10; 

13 ‘‘(4) The term ‘boundary of the location’, with respect to 

14 the place a covered funeral is held, means— 

15 ‘‘(A) the property line of the place, if the place is 

16 cemetery, mortuary, or house of worship; and 

17 ‘‘(B) the reasonable property line of any other loca18 tion. 

19 ‘‘§ 294. Demonstrations at cemeteries under the 

20 control of the National Cemetery Adminis21 tration and at Arlington National Ceme22 tery 

23 ‘‘Whoever violates section 2413 of title 38 shall be impris24 oned for not more than one year. 

25 ‘‘SUBCHAPTER D—CIVIL DISORDERS AND RIOTS 

‘‘Sec. 

‘‘296. Civil disorders. 

26 ‘‘§ 296. Civil disorders 

27 ‘‘(a) OFFENSE.—Whoever— 

28 ‘‘(1) teaches or demonstrates to any other person the 

29 use, application, or making of any firearm or explosive or 

30 incendiary device, or technique capable of causing injury or 

31 death to persons, knowing or having reason to know or in32 tending that the same will be unlawfully employed for use 

33 in, or in furtherance of, a civil disorder which is in or af34 fects interstate or foreign commerce or the performance of 

35 any federally protected function; 


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1 ‘‘(2) transports or manufactures for transportation in or af2 fecting interstate or foreign commerce any firearm or explosive 

3 or incendiary device, knowing or having reason to know or in4 tending that the same will be used unlawfully in furtherance of 

5 a civil disorder; or 

6 ‘‘(3) commits or attempts to commit any act to obstruct, im7 pede, or interfere with any fireman or law enforcement officer 

8 lawfully engaged in the lawful performance of official duties in9 cident to and during the commission of a civil disorder which 

10 is in or affects commerce or the conduct or performance of any 

11 federally protected function; 

12 shall be imprisoned not more than five years. 

13 ‘‘(b) LAW ENFORCMENT EXCLUSION.—Nothing in this sec14 tion makes unlawful any act of any law enforcement officer 

15 which is performed in the lawful performance of official duties. 

16 ‘‘(c) DEFINTIONS.—The following definitions apply in this 

17 section: 

18 ‘‘(1) The term ‘civil disorder’ means any public disturb19 ance involving acts of violence by assemblages of three or 

20 more persons, which causes an immediate danger of or re21 sults in damage or injury to the property or person of any 

22 other individual. 

23 ‘‘(2) The term ‘federally protected function’ means any 

24 function, operation, or action carried out, under the laws 

25 of the United States, by any department, agency, or instru26 mentality of the United States or by an officer or employee 

27 thereof; and such term includes the collection and distribu28 tion of the United States mails. 

29 ‘‘(3) The term ‘firearm’ means any weapon which is de30 signed to or may readily be converted to expel any projec31 tile by the action of an explosive; or the frame or receiver 

32 of any such weapon. 

33 ‘‘(4) The term ‘explosive or incendiary device’ means— 

34 ‘‘(A) dynamite and all other forms of high explosives; 

35 ‘‘(B) any explosive bomb, grenade, missile, or similar 

36 device; and 


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1 ‘‘(C) any incendiary bomb or grenade, fire bomb, or 

2 similar device, including any device which— 

3 ‘‘(i) consists of or includes a breakable container 

4 including a flammable liquid or compound, and a 

5 wick composed of any material which, when ignited, 

6 is capable of igniting such flammable liquid or com7 pound; and 

8 ‘‘(ii) can be carried or thrown by one individual 

9 acting alone. 

10 ‘‘(5) The term ‘fireman’ means any member of a fire de11 partment (including a volunteer fire department) of any 

12 State, any political subdivision of a State. 

13 ‘‘(6) The term ‘law enforcement officer’ means any offi14 cer or employee of the United States, of any State or any 

15 political subdivision of a State while engaged in the en16 forcement or prosecution of any of the criminal laws of the 

17 United States or of that State or subdivision; and such 

18 term includes members of the National Guard (as defined 

19 in section 101 of title 10), members of the organized militia 

20 of a State (as defined in section 101 of title 10), and mem21 bers of the Armed Forces of the United States, while en22 gaged in suppressing acts of violence or restoring law and 

23 order during a civil disorder. 

24 ‘‘(d) NON-PREMPTION.—Nothing in this section shall be con25 strued as indicating an intent on the part of Congress to oc26 cupy the field in which any provision of this section operate to 

27 the exclusion of State or local laws on the same subject matter, 

28 nor shall any provision of this section be construed to invalidate 

29 any provision of State law, unless such provision is inconsistent 

30 with any of the purposes of this section or any provision there31 of. 

32 ‘‘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. 


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1 ‘‘§ 301. General provisions for subchapter 

2 ‘‘(a) DEFINITION.—In this subchapter, the term ‘foreign 

3 power’ has the meaning given that term in section 101(a) of 

4 the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

5 1801(a)). 

6 ‘‘(b) EXCLUSION RELATING TO LAWFUL DEMANDS OF CON7 GRESS.—Nothing in this subchapter prohibits the furnishing, 

8 upon lawful demand, of information to any regularly con9 stituted committee of the Senate or House of Representatives 

10 of the United States of America, or joint committee thereof. 

11 ‘‘§ 302. Gathering or transmitting defense informa12 tion 

13 ‘‘Whoever, with intent or reason to believe that the informa14 tion will be used to the injury of the United States, or to the 

15 advantage of any foreign power, knowingly— 

16 ‘‘(1) obtains information connected with the national de17 fense; or 

18 ‘‘(2) provides information connected with the national 

19 defense to any person not entitled to receive it; 

20 shall be imprisoned for life or for any term of years, and if 

21 death results, shall be subject to the death penalty. 

22 ‘‘§ 303. Losing defense information 

23 ‘‘Whoever, or having lawful possession or control of any in24 formation connected with the national defense— 

25 ‘‘(1) recklessly permits that information to be lost, sto26 len, or destroyed; or 

27 ‘‘(2) knowing that the information has been lost, or sto28 len, or destroyed, fails to make prompt report of that fact 

29 to an appropriate superior officer; 

30 shall be imprisoned not more than 20 years. 

31 ‘‘§ 304. Disclosure of classified and other similarly 

32 protected information 

33 ‘‘(a) OFFENSE.—Whoever knowingly provides protected in34 formation to a person not entitled to receive it, or knowingly 

35 uses protected information to the injury of the United States, 

36 or to the advantage of any foreign power shall be imprisoned 

37 not more than 20 years. 


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1 ‘‘(b) DEFINITIONS.—In this section— 

2 ‘‘(1) the term ‘protected information’ means any classi3 fied information or any Restricted Data (as defined for the 

4 purposes of the Atomic Energy Act of 1954); 

5 ‘‘(2) the term ‘classified information’ means information 

6 which, at the time of a violation of this section, is, for rea7 sons of national security, specifically designated by a 

8 United States Government authority for limited or re9 stricted dissemination or distribution— 

10 ‘‘(A) concerning the nature, preparation, or use of 

11 any code, cipher, or cryptographic system of the United 

12 States or any foreign power; 

13 ‘‘(B) concerning the design, construction, use, main14 tenance, or repair of any device, apparatus, or appli15 ance used or prepared or planned for use by the United 

16 States or any foreign power for cryptographic or com17 munication intelligence purposes; 

18 ‘‘(C) concerning the communication intelligence ac19 tivities of the United States or any foreign power; or 

20 ‘‘(D) obtained by the processes of communication in21 telligence from the communications of any foreign 

22 power, knowing the same to have been obtained by 

23 such processes; and 

24 ‘‘(3) the terms ‘code’, ‘cipher’, and ‘cryptographic sys25 tem’ include any method of secret writing and any mechan26 ical or electrical device or method used for the purpose of 

27 disguising or concealing the contents, significance, or 

28 meanings of communications. 

29 ‘‘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. 


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‘‘320. Reentry of removed alien. 

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

‘‘322. Increased penalty for certain terrorism related offenses. 

1 ‘‘§ 311. False statement in application and use of 

2 passport 

3 ‘‘Whoever— 

4 ‘‘(1) knowingly makes any false statement in an applica5 tion for passport with intent to induce or secure the 

6 issuance of a passport under the authority of the United 

7 States, either for his own use or the use of another, con8 trary to the laws regulating the issuance of passports or 

9 the rules prescribed pursuant to such laws; or 

10 ‘‘(2) knowingly uses or attempts to use, or furnishes to 

11 another for use any passport the issue of which was se12 cured in any way by reason of any false statement; 

13 shall be imprisoned not more than 15 years. 

14 ‘‘§ 312. Forgery or false use of passport 

15 ‘‘Whoever— 

16 ‘‘(1) falsely makes, forges, counterfeits, mutilates, or al17 ters any passport or instrument purporting to be a pass18 port, with intent that the same may be used; or 

19 ‘‘(2) knowingly uses, or attempts to use, or furnishes to 

20 another for use any such false, forged, counterfeited, muti21 lated, or altered passport or instrument purporting to be a 

22 passport, or any passport validly issued which has become 

23 void by the occurrence of any condition therein prescribed 

24 invalidating the same; 

25 shall be imprisoned not more than 15 years. 

26 ‘‘§ 313. Misuse of passport 

27 ‘‘Whoever— 

28 ‘‘(1) knowingly uses, or attempts to use, any passport 

29 issued or designed for the use of another; 

30 ‘‘(2) knowingly uses or attempts to use any passport in 

31 violation of the conditions or restrictions therein contained, 

32 or of the rules prescribed pursuant to the laws regulating 

33 the issuance of passports; or 


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1 ‘‘(3) knowingly furnishes, disposes of, or delivers a pass2 port to any person, for use by another than the person for 

3 whose use it was originally issued and designed; 

4 shall be imprisoned not more than 15 years (in the case of any 

5 other offense). 

6 ‘‘§ 314. Fraud and misuse of visas, permits, and 

7 other documents 

8 ‘‘(a) FORGERY AND SIMILAR CONDUCT.—Whoever— 

9 ‘‘(1) knowingly forges, counterfeits, alters, or falsely 

10 makes any immigrant or nonimmigrant visa, permit, border 

11 crossing card, alien registration receipt card, or other docu12 ment prescribed by statute or regulation for entry into or 

13 as evidence of authorized stay or employment in the United 

14 States, or utters, uses, attempts to use, possesses, obtains, 

15 accepts, or receives any such visa, permit, border crossing 

16 card, alien registration receipt card, or other document pre17 scribed by statute or regulation for entry into or as evi18 dence of authorized stay or employment in the United 

19 States, knowing it to be forged, counterfeited, altered, or 

20 falsely made, or to have been procured by means of any 

21 false claim or statement, or to have been otherwise pro22 cured by fraud or unlawfully obtained; 

23 ‘‘(2) except under direction of the Attorney General or 

24 the Secretary of Homeland Security, or other proper offi25 cer, knowingly possesses any blank permit, or engraves, 

26 sells, brings into the United States, or has in his control 

27 or possession any plate in the likeness of a plate designed 

28 for the printing of permits, or makes any print, photo29 graph, or impression in the likeness of any immigrant or 

30 nonimmigrant visa, permit or other document required for 

31 entry into the United States, or has in his possession a dis32 tinctive paper which has been adopted by the Attorney 

33 General or Secretary of Homeland Security for the printing 

34 of such visas, permits, or documents; 

35 ‘‘(3) when applying for an immigrant or nonimmigrant 

36 visa, permit, or other document required for entry into the 

37 United States, or for admission to the United States 


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1 personates another, or falsely appears in the name of a de2 ceased individual, or evades or attempts to evade the immi3 gration laws by appearing under an assumed or fictitious 

4 name without disclosing his true identity, or sells or other5 wise disposes of, or offers to sell or otherwise dispose of, 

6 or utters, such visa, permit, or other document, to any per7 son not authorized by law to receive such document; or 

8 ‘‘(4) knowingly makes under oath, or as permitted under 

9 penalty of perjury under section 1746 of title 28, knowingly 

10 subscribes as true, any false statement with respect to a 

11 material fact in any application, affidavit, or other docu12 ment required by the immigration laws or regulations pre13 scribed thereunder, or knowingly presents any such applica14 tion, affidavit, or other document which contains any such 

15 false statement or which fails to contain any reasonable 

16 basis in law or fact; 

17 shall be imprisoned not more than 15 years. 

18 ‘‘(b) USE OF FORGED OF SIMILAR DOCUMENTS.—Whoever 

19 uses— 

20 ‘‘(1) an identification document, knowing or having rea21 son to know that the document was not issued lawfully for 

22 the use of the possessor; 

23 ‘‘(2) an identification document knowing (or having rea24 son to know) that the document is false; or 

25 ‘‘(3) a false attestation, 

26 for the purpose of satisfying a requirement of section 274A(b) 

27 of the Immigration and Nationality Act, shall be imprisoned 

28 not more than 5 years. 

29 ‘‘(c) EXCLUSION.—This section does not prohibit any law30 fully authorized investigative, protective, or intelligence activity 

31 of a law enforcement agency of the United States, a State, or 

32 a subdivision of a State, or of an intelligence agency of the 

33 United States, or any activity authorized under title V of the 

34 Organized Crime Control Act of 1970 (18 U.S.C. note prec. 

35 3481). 


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1 ‘‘§ 315. Procurement of citizenship or naturaliza2 tion unlawfully 

3 ‘‘Whoever— 

4 ‘‘(1) knowingly procures or attempts to procure, contrary 

5 to law, the naturalization of any person, or documentary or 

6 other evidence of naturalization or of citizenship; or 

7 ‘‘(2) whether for himself or another person not entitled 

8 thereto, knowingly issues, procures or obtains or applies for 

9 or otherwise attempts to procure or obtain naturalization, 

10 or citizenship, or a declaration of intention to become a cit11 izen, or a certificate of arrival or any certificate or evidence 

12 of nationalization or citizenship, documentary or otherwise, 

13 or duplicates or copies of any of the foregoing; 

14 shall be imprisoned not more than 15 years. 

15 ‘‘§ 316. Sale of naturalization or citizenship papers 

16 ‘‘Whoever unlawfully sells or disposes of a declaration of in17 tention to become a citizen, certificate of naturalization, certifi18 cate of citizenship or copies or duplicates or other documentary 

19 evidence of naturalization or citizenship, shall be imprisoned 15 

20 years. 

21 ‘‘§ 317. Penalties related to removal 

22 ‘‘(a) PENALTY FOR FAILURE TO DEPART.— 

23 ‘‘(1) IN GENERAL.—Any alien against whom a final 

24 order of removal is outstanding by reason of being a mem25 ber of any of the classes described in section 237(a) of the 

26 Immigration and Nationality Act, who— 

27 ‘‘(A) knowingly fails or refuses to depart from the 

28 United States within a period of 90 days from the date 

29 of the final order of removal under administrative proc30 esses, or if judicial review is had, then from the date 

31 of the final order of the court, 

32 ‘‘(B) knowingly fails or refuses to make timely appli33 cation in good faith for travel or other documents nec34 essary to the alien’s departure, 

35 ‘‘(C) connives or conspires, or takes any other action, 

36 designed to prevent or hamper or with the purpose of 


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1 preventing or hampering the alien’s departure pursuant 

2 to such, or 

3 ‘‘(D) knowingly fails or refuses to present himself or 

4 herself for removal at the time and place required by 

5 the Attorney General pursuant to such order, 

6 shall be imprisoned not more than four years (or 10 years 

7 if the alien is a member of any of the classes described in 

8 paragraph (1)(E), (2), (3), or (4) of section 237(a) of the 

9 Immigration and Nationality Act). 

10 ‘‘(2) EXCEPTION.—It is not a violation of paragraph (1) 

11 to take any proper steps for the purpose of securing can12 cellation of or exemption from such order of removal or for 

13 the purpose of securing the alien’s release from incarcer14 ation or custody. 

15 ‘‘(3) SUSPENSION.—The court may for good cause sus16 pend the sentence of an alien under this subsection and 

17 order the alien’s release under such conditions as the court 

18 may prescribe. In determining whether good cause has been 

19 shown to justify releasing the alien, the court shall take 

20 into account such factors as— 

21 ‘‘(A) the age, health, and period of detention of the 

22 alien; 

23 ‘‘(B) the effect of the alien’s release upon the na24 tional security and public peace or safety; 

25 ‘‘(C) the likelihood of the alien’s resuming or fol26 lowing a course of conduct which made or would make 

27 the alien deportable; 

28 ‘‘(D) the character of the efforts made by such alien 

29 himself and by representatives of the country or coun30 tries to which the alien’s removal is directed to expedite 

31 the alien’s departure from the United States; 

32 ‘‘(E) the reason for the inability of the Government 

33 of the United States to secure passports, other travel 

34 documents, or removal facilities from the country or 

35 countries to which the alien has been ordered removed; 

36 and 


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1 ‘‘(F) the eligibility of the alien for discretionary relief 

2 under the immigration laws. 

3 ‘‘(b) FAILURE TO COMPLY WITH TERMS OF RELEASE

4 UNDER SUPERVISION.—An alien who knowingly fails to comply 

5 with regulations or requirements issued pursuant to section 

6 241(a)(3) of the Immigration and Nationality Act or knowingly 

7 give false information in response to an inquiry under such sec8 tion shall be imprisoned for not more than one year. 

9 ‘‘(c) PENALTIES RELATING TO VESSELS AND AIRCRAFT.— 

10 ‘‘(1) CIVIL PENALTIES.— 

11 ‘‘(A) FAILURE TO CARRY OUT CERTAIN ORDERS.—If 

12 the Attorney General is satisfied that a person has vio13 lated subsection (d) or (e) of section 241 of the Immi14 gration and Nationality Act, the person shall pay to the 

15 Commissioner the sum of $2,000 for each violation. 

16 ‘‘(B) FAILURE TO REMOVE ALIEN STOWAWAYS.—If 

17 the Attorney General is satisfied that a person has 

18 failed to remove an alien stowaway as required under 

19 section 241(d)(2) of the Immigration and Nationality 

20 Act, the person shall pay to the Commissioner the sum 

21 of $5,000 for each alien stowaway not removed. 

22 ‘‘(C) NO COMPROMISE.—The Attorney General may 

23 not compromise the amount of such penalty under this 

24 paragraph. 

25 ‘‘(2) CLEARING VESSELS AND AIRCRAFT.— 

26 ‘‘(A) CLEARANCE BEFORE DECISION ON LIABIL27 ITY.—A vessel or aircraft may be granted clearance be28 fore a decision on liability is made under paragraph (1) 

29 only if a bond approved by the Attorney General or an 

30 amount sufficient to pay the civil penalty is deposited 

31 with the Commissioner. 

32 ‘‘(B) PROHIBITION ON CLEARANCE WHILE PENALTY

33 UNPAID.—A vessel or aircraft may not be granted 

34 clearance if a civil penalty imposed under paragraph 

35 (1) is not paid. 

36 ‘‘(d) DISCONTINUING GRANTING VISAS TO NATIONALS OF

37 COUNTRY DENYING OR DELAYING ACCEPTING ALIEN.—On 


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1 being notified by the Attorney General that the government of 

2 a foreign country denies or unreasonably delays accepting an 

3 alien who is a citizen, subject, national, or resident of that 

4 country after the Attorney General asks whether the govern5 ment will accept the alien under this section, the Secretary of 

6 State shall order consular officers in that foreign country to 

7 discontinue granting immigrant visas or nonimmigrant visas, or 

8 both, to citizens, subjects, nationals, and residents of that 

9 country until the Attorney General notifies the Secretary that 

10 the country has accepted the alien. 

11 ‘‘§ 318. Bringing in and harboring certain aliens 

12 ‘‘(a) CRIMINAL PENALTIES.—(1)(A) Whoever— 

13 ‘‘(i) knowing that a person is an alien, brings to or at14 tempts to bring to the United States in any manner what15 soever such person at a place other than a designated port 

16 of entry or place other than as designated by the Commis17 sioner, regardless of whether such alien has received prior 

18 official authorization to come to, enter, or reside in the 

19 United States and regardless of any future official action 

20 which may be taken with respect to such alien; 

21 ‘‘(ii) knowing or in reckless disregard of the fact that an 

22 alien has come to, entered, or remains in the United States 

23 in violation of law, transports, or moves or attempts to 

24 transport or move such alien within the United States by 

25 means of transportation or otherwise, in furtherance of 

26 such violation of law; 

27 ‘‘(iii) knowing or in reckless disregard of the fact that 

28 an alien has come to, entered, or remains in the United 

29 States in violation of law, conceals, harbors, or shields from 

30 detection, or attempts to conceal, harbor, or shield from de31 tection, such alien in any place, including any building or 

32 any means of transportation; 

33 ‘‘(iv) encourages or induces an alien to come to, enter, 

34 or reside in the United States, knowing or in reckless dis35 regard of the fact that such coming to, entry, or residence 

36 is or will be in violation of law; or 


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1 ‘‘(v) engages in any conspiracy to commit any of the pre2 ceding acts; 

3 shall be punished as provided in subparagraph (B). 

4 ‘‘(B) Whoever violates subparagraph (A) shall, for each alien 

5 in respect to whom such a violation occurs— 

6 ‘‘(i) in the case of a violation of subparagraph (A)(i) or 

7 (v)(I) or in the case of a violation of subparagraph (A)(ii), 

8 (iii), or (iv) in which the offense was done for the purpose 

9 of commercial advantage or private financial gain, be im10 prisoned not more than 10 years; 

11 ‘‘(ii) in the case of a violation of subparagraph (A) (ii), 

12 (iii), (iv), or (v)(II) be imprisoned not more than 5 years; 

13 ‘‘(iii) in the case of a violation of subparagraph (A) (i), 

14 (ii), (iii), (iv), or (v) during and in relation to which the 

15 person causes serious bodily injury to, or places in jeopardy 

16 the life of, any person, be imprisoned not more than 20 

17 years; and 

18 ‘‘(iv) in the case of a violation of subparagraph (A) (i), 

19 (ii), (iii), (iv), or (v) resulting in the death of any person, 

20 be punished by death or imprisoned for any term of years 

21 or for life. 

22 ‘‘(2) Whoever, knowing or in reckless disregard of the fact 

23 that an alien has not received prior official authorization to 

24 come to, enter, or reside in the United States, brings to or at25 tempts to bring to the United States in any manner whatso26 ever, such alien, regardless of any official action which may 

27 later be taken with respect to such alien shall, for each alien 

28 in respect to whom a violation of this paragraph occurs— 

29 ‘‘(A) be imprisoned not more than one year; or 

30 ‘‘(B) in the case of— 

31 ‘‘(i) an offense committed with the intent or with 

32 reason to believe that the alien unlawfully brought into 

33 the United States will commit an offense against the 

34 United States or any State punishable by imprisonment 

35 for more than 1 year, 

36 ‘‘(ii) an offense done for the purpose of commercial 

37 advantage or private financial gain, or 


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1 ‘‘(iii) an offense in which the alien is not upon ar2 rival immediately brought and presented to an appro3 priate immigration officer at a designated port of 

4 entry, 

5 be imprisoned not less than 5 nor more than 15 years. 

6 ‘‘(3)(A) Whoever, during any 12-month period, knowingly 

7 hires for employment at least 10 individuals with actual knowl8 edge that the individuals are aliens described in subparagraph 

9 (B) shall be imprisoned for not more than 5 years. 

10 ‘‘(B) An alien described in this subparagraph is an alien 

11 who— 

12 ‘‘(i) is an unauthorized alien (as defined in section 

13 274A(h)(3)), and 

14 ‘‘(ii) has been brought into the United States in violation 

15 of this subsection. 

16 ‘‘(4) In the case of a person who has brought aliens into the 

17 United States in violation of this subsection, the sentence oth18 erwise provided for may be increased by up to 10 years if— 

19 ‘‘(A) the offense was part of an ongoing commercial or20 ganization or enterprise; 

21 ‘‘(B) aliens were transported in groups of 10 or more; 

22 and 

23 ‘‘(C)(i) aliens were transported in a manner that endan24 gered their lives; or 

25 ‘‘(ii) the aliens presented a life-threatening health risk to 

26 people in the United States. 

27 ‘‘(b) AUTHORITY TO ARREST.—No officer or person shall 

28 have authority to make any arrest for a violation of any provi29 sion of this section except officers and employees of the Service 

30 designated by the Attorney General, either individually or as a 

31 member of a class, and all other officers whose duty it is to 

32 enforce criminal laws. 

33 ‘‘(c) AUDIOVISUALLY PRESERVED DEPOSITIONS.—Notwith34 standing any provision of the Federal Rules of Evidence, the 

35 videotaped (or otherwise audiovisually preserved) deposition of 

36 a witness to a violation of subsection (a) who has been deported 

37 or otherwise expelled from the United States, or is otherwise 


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1 unable to testify, may be admitted into evidence in an action 

2 brought for that violation if the witness was available for cross 

3 examination and the deposition otherwise complies with the 

4 Federal Rules of Evidence. 

5 ‘‘(d) OUTREACH PROGRAM.—The Secretary of Homeland Se6 curity, in consultation with the Attorney General and the Sec7 retary of State, as appropriate, shall develop and implement an 

8 outreach program to educate the public in the United States 

9 and abroad about the penalties for bringing in and harboring 

10 aliens in violation of this section. 

11 ‘‘§ 319. Entry of alien at improper time or place; 

12 misrepresentation and concealment of 

13 facts 

14 ‘‘(a) ENTRY.—Any alien who— 

15 ‘‘(1) enters or attempts to enter the United States at 

16 any time or place other than as designated by immigration 

17 officers; 

18 ‘‘(2) eludes examination or inspection by immigration of19 ficers; or 

20 ‘‘(3) attempts to enter or obtains entry to the United 

21 States by a knowingly false or misleading representation or 

22 the knowingly concealment of a material fact; 

23 shall, for the first commission of any such offense, be impris24 oned not more than 6 months, and, for a subsequent commis25 sion of any such offense, be imprisoned not more than 2 years. 

26 ‘‘(b) APPREHENSION WHILE ENTERING.—Any alien who is 

27 apprehended while entering (or attempting to enter) the United 

28 States at a time or place other than as designated by immigra29 tion officers shall be subject to a civil penalty of— 

30 ‘‘(1) at least $50 and not more than $250 for each such 

31 entry (or attempted entry); or 

32 ‘‘(2) twice the amount specified in paragraph (1) in the 

33 case of an alien who has been previously subject to a civil 

34 penalty under this subsection. 

35 Civil penalties under this subsection are in addition to, and not 

36 in lieu of, any criminal or other civil penalties that may be im37 posed. 


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1 ‘‘(c) MARRIAGE.—An individual who knowingly enters into a 

2 marriage for the purpose of evading any provision of the immi3 gration laws shall be imprisoned for not more than 5 years. 

4 ‘‘(d) COMMERCIAL ENTERPRISE.—Whoever knowingly estab5 lishes a commercial enterprise for the purpose of evading any 

6 provision of the immigration laws shall be imprisoned for not 

7 more than 5 years. 

8 ‘‘§ 320. Reentry of removed alien 

9 ‘‘(a) OFFENSE.—Subject to subsection (b), any alien who— 

10 ‘‘(1) has been denied admission, excluded, deported, or 

11 removed or has departed the United States while an order 

12 of exclusion, deportation, or removal is outstanding; and 

13 ‘‘(2) thereafter enters, attempts to enter, or is at any 

14 time found in, the United States, unless (A) prior to his 

15 reembarkation at a place outside the United States or his 

16 application for admission from foreign contiguous territory, 

17 the Attorney General has expressly consented to such 

18 alien’s reapplying for admission; or (B) with respect to an 

19 alien previously denied admission and removed, unless such 

20 alien shall establish that he was not required to obtain such 

21 advance consent under this or any prior Act, 

22 shall be imprisoned not more than 2 years. 

23 ‘‘(b) INCREASED PENALTY.—In the case of any alien vio24 lating subsection (a)— 

25 ‘‘(1) whose removal was subsequent to a conviction for 

26 commission of three or more misdemeanors involving drugs, 

27 crimes against the person, or both, or a felony (other than 

28 an aggravated felony), such alien shall be imprisoned not 

29 more than 10 years; 

30 ‘‘(2) whose removal was subsequent to a conviction for 

31 commission of an aggravated felony, such alien shall be im32 prisoned not more than 20 years; 

33 ‘‘(3) who has been excluded from the United States pur34 suant to section 235(c) of the Immigration and Nationality 

35 Act because the alien was excludable under section 

36 212(a)(3)(B) of such Act or who has been removed from 

37 the United States pursuant to title V of such Act, and who 


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1 thereafter, without the permission of the Attorney General, 

2 enters the United States, or attempts to do so, shall be im3 prisoned for a period of 10 years, which sentence shall not 

4 run concurrently with any other sentence; or 

5 ‘‘(4) who was removed from the United States pursuant 

6 to section 241(a)(4)(B) of such Act who thereafter, without 

7 the permission of the Attorney General, enters, attempts to 

8 enter, or is at any time found in, the United States (unless 

9 the Attorney General has expressly consented to such 

10 alien’s reentry) shall be imprisoned for not more than 10 

11 years. 

12 For the purposes of this subsection, the term ‘removal’ includes 

13 any agreement in which an alien stipulates to removal during 

14 (or not during) a criminal trial under either Federal or State 

15 law. 

16 ‘‘(c) REENTRY.—Any alien deported pursuant to section 

17 242(h)(2) of the Immigration and Nationality Act who enters, 

18 attempts to enter, or is at any time found in, the United States 

19 (unless the Attorney General has expressly consented to such 

20 alien’s reentry) shall be incarcerated for the remainder of the 

21 sentence of imprisonment which was pending at the time of de22 portation without any reduction for parole or supervised re23 lease. Such alien shall be subject to such other penalties relat24 ing to the reentry of deported aliens as may be available under 

25 this section or any other provision of law. 

26 ‘‘(d) CHALLENGE OF VALIDITY OF ORDER.—In a criminal 

27 proceeding under this section, an alien may not challenge the 

28 validity of the deportation order described in subsection (a)(1) 

29 or subsection (b) unless the alien demonstrates that— 

30 ‘‘(1) the alien exhausted any administrative remedies 

31 that may have been available to seek relief against the 

32 order; 

33 ‘‘(2) the deportation proceedings at which the order was 

34 issued improperly deprived the alien of the opportunity for 

35 judicial review; and 

36 ‘‘(3) the entry of the order was fundamentally unfair. 


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1 ‘‘§ 321. Aiding or assisting certain aliens to enter 

2 the United States 

3 ‘‘Whoever knowingly aids or assists any alien inadmissible 

4 under section 212(a)(2) of the Immigration and Nationality 

5 Act (insofar as an alien inadmissible under such section has 

6 been convicted of an aggravated felony) or 212(a)(3) of such 

7 Act (other than subparagraph (E) thereof) to enter the United 

8 States, or who connives or conspires with any person or persons 

9 to allow, procure, or permit any such alien to enter the United 

10 States, shall be or imprisoned not more than 10 years. 

11 ‘‘§ 322. Increased penalty for certain terrorism re12 lated offenses 

13 ‘‘Whoever violates this subchapter shall, if the maximum im14 prisonment for the offense is less but for this section, be im15 prisoned not more than 25 years if the offense was committed 

16 to facilitate an act of international terrorism (as defined in sec17 tion 2331 of this title), and 20 years (if the offense was com18 mitted to facilitate a drug trafficking crime (as defined in sec19 tion 592). 

20 ‘‘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 

21 ‘‘§ 401. Definitions for chapter 

22 ‘‘As used in this chapter— 


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1 ‘‘(1) a term defined for the purposes of the Controlled 

2 Substances Act has the same meaning in this chapter; 

3 ‘‘(2) the term ‘large quantity of a major drug’ means— 

4 ‘‘(A) 1 kilogram or more of a mixture or substance 

5 containing a detectable amount of heroin; 

6 ‘‘(B) 5 kilograms or more of a mixture or substance 

7 containing a detectable amount of— 

8 ‘‘(i) coca leaves, except coca leaves and extracts 

9 of coca leaves from which cocaine, ecgonine, and 

10 derivatives of ecgonine or their salts have been re11 moved; 

12 ‘‘(ii) cocaine, its salts, optical and geometric iso13 mers, and salts of isomers; 

14 ‘‘(iii) ecgonine, its derivatives, their salts, iso15 mers, and salts of isomers; or 

16 ‘‘(iv) any compound, mixture, or preparation 

17 which contains any quantity of any of the sub18 stances referred to in clauses (i) through (iii); 

19 ‘‘(C) 50 grams or more of a mixture or substance de20 scribed in subparagraph (B) which contains cocaine 

21 base; 

22 ‘‘(D) 100 grams or more of phencyclidine (PCP) or 

23 1 kilogram or more of a mixture or substance con24 taining a detectable amount of phencyclidine (PCP); 

25 ‘‘(E) 10 grams or more of a mixture or substance 

26 containing a detectable amount of lysergic acid 

27 diethylamide (LSD); 

28 ‘‘(F) 400 grams or more of a mixture or substance 

29 containing a detectable amount of N-phenyl-N-[1-(2- 

30 phenylethyl)-4-piperidinyl] propanamide or 100 grams 

31 or more of a mixture or substance containing a detect32 able amount of any analogue of N-phenyl-N-[1-(2- 

33 phenylethyl)-4-piperidinyl] propanamide; 

34 ‘‘(G) 1000 kilograms or more of a mixture or sub35 stance containing a detectable amount of marihuana, or 

36 1,000 or more marihuana plants regardless of weight; 

37 or 


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1 ‘‘(H) 50 grams or more of methamphetamine, its 

2 salts, isomers, and salts of its isomers or 500 grams or 

3 more of a mixture or substance containing a detectable 

4 amount of methamphetamine, its salts, isomers, or 

5 salts of its isomers; 

6 ‘‘(3) the term ‘substantial quantity of a major drug’ 

7 means— 

8 ‘‘(A) 100 grams or more of a mixture or substance 

9 containing a detectable amount of heroin; 

10 ‘‘(B) 500 grams or more of a mixture or substance 

11 containing a detectable amount of— 

12 ‘‘(i) coca leaves, except coca leaves and extracts 

13 of coca leaves from which cocaine, ecgonine, and 

14 derivatives of ecgonine or their salts have been re15 moved; 

16 ‘‘(ii) cocaine, its salts, optical and geometric iso17 mers, and salts of isomers; 

18 ‘‘(iii) ecgonine, its derivatives, their salts, iso19 mers, and salts of isomers; or 

20 ‘‘(iv) any compound, mixture, or preparation 

21 which contains any quantity of any of the sub22 stances referred to in clauses (i) through (iii); 

23 ‘‘(C) 5 grams or more of a mixture or substance de24 scribed in subparagraph (B) which contains cocaine 

25 base; 

26 ‘‘(D) 10 grams or more of phencyclidine (PCP) or 

27 100 grams or more of a mixture or substance con28 taining a detectable amount of phencyclidine (PCP); 

29 ‘‘(E) 1 gram or more of a mixture or substance con30 taining a detectable amount of lysergic acid 

31 diethylamide (LSD); 

32 ‘‘(F) 40 grams or more of a mixture or substance 

33 containing a detectable amount of N-phenyl-N-[1-(2- 

34 phenylethyl)-4-piperidinyl] propanamide or 10 grams or 

35 more of a mixture or substance containing a detectable 

36 amount of any analogue of N-phenyl-N-[1-(2- 

37 phenylethyl)-4-piperidinyl] propanamide; 


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1 ‘‘(G) 100 kilograms or more of a mixture or sub2 stance containing a detectable amount of marihuana, or 

3 100 or more marihuana plants regardless of weight; or 

4 ‘‘(H) 5 grams or more of methamphetamine, its 

5 salts, isomers, and salts of its isomers or 50 grams or 

6 more of a mixture or substance containing a detectable 

7 amount of methamphetamine, its salts, isomers, or 

8 salts of its isomers; 

9 ‘‘(4) the term ‘date rape drug’ means gamma hydroxy10 butyric acid (including when scheduled as an approved drug 

11 product for purposes of section 3(a)(1)(B) of the Hillory J. 

12 Farias and Samantha Reid Date-Rape Drug Prohibition 

13 Act of 2000), or 1 gram of flunitrazepam; 

14 ‘‘(5) the term ‘repeat offender’ means a person is con15 victed under this chapter after a prior conviction for a fel16 ony drug offense; 

17 ‘‘(6) the term ‘career offender’ means a person is con18 victed under this chapter after two or more prior convic19 tions for a felony drug offense; 

20 ‘‘(7) the term ‘midlevel quantity of marijuana‘ means 50 

21 kilograms of marijuana or more than 50 marijuana plants; 

22 and 

23 ‘‘(8) the term ‘larger quantity of hashish’ means ten 

24 kilograms of hashish or one kilogram of hashish oil. 

25 ‘‘§ 402. Basic offenses 

26 ‘‘Except as authorized by the Controlled Substances Act 

27 whoever knowingly— 

28 ‘‘(1) manufactures, distributes, or dispenses, or possesses 

29 with intent to manufacture, distribute, or dispense, a con30 trolled substance; 

31 ‘‘(2) creates, distributes, or dispenses, or possesses with 

32 intent to distribute or dispense, a counterfeit substance; 

33 ‘‘(3) imports or exports a controlled substance in viola34 tion of section 1002, 1003, or 1007 of the Controlled Sub35 stances Import and Export Act; 


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1 ‘‘(4) brings or possesses on board a vessel, aircraft, or 

2 vehicle a controlled substance in violation of section 1005 

3 of that Act; or 

4 ‘‘(5) manufactures, possesses with intent to distribute, or 

5 distributes a controlled substance contrary to section 1009 

6 of that Act; 

7 shall be punished as provided in this chapter. 

8 ‘‘§ 403. Basic punishment structure 

9 ‘‘(a) LARGE QUANTITIES OF MAJOR DRUGS.— 

10 ‘‘(1) PRISON.—If the violation of section 402 involves a 

11 large quantity of a major drug, the offender shall be im12 prisoned any term of years not less than ten, or for life. 

13 If the offender is a repeat offender or if death or serious 

14 bodily injury results to any person from the offense, the 

15 term shall not be less than 20 years. If the defendant is 

16 a career offender, the term shall be life. 

17 ‘‘(2) FINE.—An offender to whom paragraph (1) applies 

18 shall be fined not more than $4,000,000, and if the of19 fender is a career offender, not more than $8,000,000. 

20 ‘‘(3) SUPERVISED RELEASE.—An offender to whom 

21 paragraph (1) applies shall be sentenced to supervised re22 lease for a period of 5 years, but if the offender is a career 

23 offender or if death or serious bodily injury results to any 

24 person from the offense, for a period of 10 years. 

25 ‘‘(b) SUBSTANTIAL QUANTITIES OF MAJOR DRUGS.— 

26 ‘‘(1) PRISON.—If the violation of section 402 involves a 

27 substantial quantity of a major drug, the offender shall be 

28 imprisoned not less than five years nor more than 40 years. 

29 If the offender is a repeat offender the term shall not be 

30 less than 10 years. If death or serious bodily injury results 

31 to any person from the offense, the term shall be life. 

32 ‘‘(2) FINE.—An offender to whom paragraph (1) applies 

33 shall be fined not more than $2,000,000, and if the of34 fender is a career offender, not more than $4,000,000. 

35 ‘‘(3) SUPERVISED RELEASE.—An offender to whom 

36 paragraph (1) applies shall be sentenced to supervised re37 lease for a period of 4 years, but if the offender is a repeat 


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1 offender or death or serious bodily injury result to any per2 son from the offense, for a period of 8 years. 

3 ‘‘(c) LESSER QUANTITIES OF MAJOR DRUGS AND ANY

4 QUANTITY OF CERTAIN OTHER SUBSTANCES.— 

5 ‘‘(1) PRISON.—If the violation of section 402 involves a 

6 quantity, lesser than those specified in subsection (a) or 

7 (b), of a major drug, or any quantity of another substance 

8 in schedule I or II, or a date rape drug, the offender shall 

9 be imprisoned not more than 20 years. If the offender is 

10 a repeat offender, the term shall not be less than 30 years. 

11 If death or serious bodily injury results to any person from 

12 the offense, the offender shall be imprisoned any term or 

13 years not less than 20, or for life. 

14 ‘‘(2) FINE.—An offender to whom paragraph (1) applies 

15 shall be fined not more than $1,000,000, and if the of16 fender is a repeat offender, not more than $2,000,000. 

17 ‘‘(3) SUPERVISED RELEASE.—An offender to whom 

18 paragraph (1) applies shall be sentence to supervised re19 lease for a period of 3 years, but if the defendant is a re20 peat offender for a period of 6 years. 

21 ‘‘(d) MIDLEVEL QUANTITIES OF MARIJUANA, LARGER

22 QUANTITIES OF HASHISH, AND CERTAIN SCHEDULE III SUB23 STANCES.— 

24 ‘‘(1) PRISON.—If the violation of section 402 involves a 

25 midlevel quantity of marijuana, a larger quantity of hash26 ish, or any quantity of a schedule III substance for which 

27 a penalty is not imposed in a previous subsection of this 

28 section, the offender shall be imprisoned not more than five 

29 years, or if a repeat offender, not more than 10 years. 

30 ‘‘(2) FINE.—An offender to whom paragraph (1) applies 

31 shall be fined not more than $250,000 and if the offender 

32 is a career offender, not more than $500,000. 

33 ‘‘(3) SUPERVISED RELEASE.—An offender to whom 

34 paragraph (1) applies shall be sentenced to supervised re35 lease for a period of 2 years, but if the defendant is a re36 peat offender, for a period of 4 years. 


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1 ‘‘(e) SCHEDULE IV SUBSTANCES.—If the violation of section 

2 402 involves a schedule IV substance, the offender shall be im3 prisoned not more than three years and to supervised release 

4 for one year. If the offender is a repeat offender, the offender 

5 shall be imprisoned not more than six years and shall be sen6 tenced to supervised release for two years. 

7 ‘‘(f) SCHEDULE V SUBSTANCES.—If the violation of section 

8 402 involves a schedule V substance, the offender shall be im9 prisoned not more than one year. If the offender is a repeat 

10 offender, the offender shall be imprisoned not more than two 

11 years. 

12 ‘‘§ 404. Offenses involving protected persons 

13 ‘‘(a) DISTRIBUTION WITH INTENT TO COMMIT A CRIME OF

14 VIOLENCE.— 

15 ‘‘(1) IN GENERAL.—Whoever, with intent to commit a 

16 crime of violence (including an offense that would also be 

17 punishable under section 201 if the conduct occurred in the 

18 special maritime and territorial jurisdiction of the United 

19 States), against an individual, violates section 402 by dis20 tributing a controlled substance or controlled substance 

21 analogue to that individual without that individual’s knowl22 edge shall be imprisoned not more than 20 years. 

23 ‘‘(2) DEFINITION.—As used in this subsection, the term 

24 ‘without that individual’s knowledge’ means that the indi25 vidual is unaware that a substance with the ability to alter 

26 that individual’s ability to appraise conduct or to decline 

27 participation in or communicate unwillingness to partici28 pate in conduct is administered to the individual. 

29 ‘‘(b) ENDANGERING HUMAN LIFE WHILE ILLEGALLY MAN30 UFACTURING CONTROLLED SUBSTANCE.—Whoever, while man31 ufacturing a controlled substance in violation of the Controlled 

32 Substances Act, or attempting or conspiring to do so, or trans33 porting materials, including chemicals, to do so, knowingly cre34 ates a risk of harm to human life shall be imprisoned not more 

35 than ten years. 

36 ‘‘(c) DISTRIBUTION TO MINORS.— 


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1 ‘‘(1) FIRST OFFENSES.—Except as provided in section 

2 405 and in paragraph (2), any person at least 18 years of 

3 age who violates section 402 by distributing a controlled 

4 substance to a person under 21 years of age is subject to 

5 (A) twice the maximum punishment authorized by section 

6 403, and (B) at least twice any term of supervised release 

7 authorized by section 403, for a first offense involving the 

8 same controlled substance and schedule. Except to the ex9 tent a greater minimum sentence is otherwise provided by 

10 section 403, a term of imprisonment under this subsection 

11 shall be not less than one year. The mandatory minimum 

12 sentencing provisions of this subsection shall not apply to 

13 offenses involving 5 grams or less of marihuana. 

14 ‘‘(2) SECOND AND SUBSEQUENT OFFENSES.—Except as 

15 provided in section 405, if the offender under paragraph 

16 (1) has a prior conviction under paragraph (1) (or under 

17 section 303(b)(2) of the Federal Food, Drug, and Cosmetic 

18 Act as in effect prior to the effective date of section 701(b) 

19 of the Controlled Substances Act) is subject to (A) three 

20 times the maximum punishment authorized by section 403, 

21 and (B) at least three times any term of supervised release 

22 authorized by section 403, for a second offense or subse23 quent offense involving the same controlled substance and 

24 schedule. Except to the extent a greater minimum sentence 

25 is otherwise provided by section 403, a term of imprison26 ment under this subsection shall be not less than one year. 

27 Penalties for third and subsequent convictions shall those 

28 provided by section 403(a) for offenses involving large 

29 quantities of major drugs under that section. 

30 ‘‘(d) ADULTS USING CHILDREN.—Whoever, being at least 21 

31 years of age, knowingly— 

32 ‘‘(1) employs, hires, uses, persuades, induces, entices, or 

33 coerces a child to violate section 402; or 

34 ‘‘(2) employs, hires, uses, persuades, induces, entices, or 

35 coerces a child to assist in avoiding detection or apprehen36 sion, for any offense under section 402, by any Federal, 

37 State, or local law enforcement official, 


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1 is punishable by a term of imprisonment and a fine, or both, 

2 up to triple those authorized by section 403. 

3 ‘‘(e) YOUNG ADULTS USING CHILDREN.— 

4 ‘‘(1) Whoever, not being a child, knowingly— 

5 ‘‘(A) employs, hires, uses, persuades, induces, en6 tices, or coerces, a child to violate any provision of this 

7 chapter or of the Controlled Substances Act or the 

8 Controlled Substances Import and Export Act; 

9 ‘‘(B) employs, hires, uses, persuades, induces, en10 tices, or coerces, child to assist in avoiding detection or 

11 apprehension, for any such violation, by any Federal, 

12 State, or local law enforcement official; or 

13 ‘‘(C) receives a controlled substance from a child, 

14 other than an immediate family member, in violation of 

15 section 402; 

16 shall be imprisoned for up to twice the maximum term other17 wise authorized and be sentenced at least twice any term of su18 pervised release otherwise authorized for a first offense. Except 

19 to the extent a greater minimum sentence is otherwise pro20 vided, a term of imprisonment under this subsection shall not 

21 be less than one year. 

22 ‘‘(2) Whoever violates paragraph (1) after a prior convic23 tion under paragraph (1) of this section, is punishable by 

24 a term of imprisonment up to three times that otherwise 

25 authorized, or both, and at least three times any term of 

26 supervised release otherwise authorized for a first offense. 

27 Except to the extent a greater minimum sentence is other28 wise provided, a term of imprisonment under this sub29 section shall not be less than one year. Penalties for third 

30 and subsequent convictions shall those provided by section 

31 403(a) for offenses involving large quantities of major 

32 drugs under that section. 

33 ‘‘(f) PROVIDING CONTROLLED SUBSTANCES TO CHIL34 DREN.—Whoever violates subsection (c) or (d)— 

35 ‘‘(1) by knowingly providing or distributing a controlled 

36 substance or a controlled substance analogue to a child; or 


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1 ‘‘(2) if the person employed, hired, or used is 14 years 

2 of age or younger; 

3 shall be subject to a term of imprisonment for not more than 

4 five years, in addition to any other punishment authorized by 

5 this chapter. 

6 ‘‘(g) PREGNANT PERSONS.—Except as authorized by the 

7 Controlled Substances Act, it shall be unlawful for any person 

8 to knowingly or intentionally provide or distribute any con9 trolled substance to a pregnant individual in violation of any 

10 provision of this title. Whoever violates this subsection shall be 

11 subject to the same penalties as are provided for a violation of 

12 subsection (c). 

13 ‘‘§ 405. Enhancement for offenses involving pro14 tected places 

15 ‘‘(a) CULTIVATION ON FEDERAL PROPERTY.—The maximum 

16 fine that may be imposed for a violation of section 402 by culti17 vating a controlled substance on Federal property shall be the 

18 greater of the amount otherwise provided in this chapter or— 

19 ‘‘(1) $500,000 if the defendant is an individual; or 

20 ‘‘(2) $1,000,000 if the defendant is other than an indi21 vidual. 

22 ‘‘(b) USE OF HAZARDOUS SUBSTANCE ON FEDERAL

23 LAND.—Whoever in the course of a violation of section 402 

24 knowingly uses a poison, chemical, or other hazardous sub25 stance on Federal land, and, by such use— 

26 ‘‘(1) creates a serious hazard to humans, wildlife, or do27 mestic animals, 

28 ‘‘(2) degrades or harms the environment or natural re29 sources, or 

30 ‘‘(3) pollutes an aquifer, spring, stream, river, or body of 

31 water, 

32 shall be imprisoned not more than five years. 

33 ‘‘(c) BOOBYTRAPS.— 

34 ‘‘(1) Whoever knowingly assembles, maintains,or places a 

35 boobytrap on Federal property where a controlled sub36 stance is being manufactured, distributed, or dispensed 

37 shall be imprisoned not more than ten years. 


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1 ‘‘(2) If the offender has one or more prior convictions for 

2 an offense under this subsection, the offender shall be im3 prisoned not more than 20 years. 

4 ‘‘(3) As used in this subsection, the term ‘boobytrap’ 

5 means any concealed or camouflaged device designed to 

6 cause bodily injury when triggered by any action of any 

7 unsuspecting person making contact with the device. Such 

8 term includes guns, ammunition, or explosive devices at9 tached to trip wires or other triggering mechanisms, sharp10 ened stakes, and lines or wires with hooks attached. 

11 ‘‘(d) SAFETY REST AREAS.— 

12 ‘‘(1) ENHANCEMENT.—Whoever violates section 402 by 

13 distributing or possessing with intent to distribute a con14 trolled substance in or on, or within 1,000 feet of, a truck 

15 stop or safety rest area is subject to— 

16 ‘‘(A) in the case of a first offense under this sub17 section subject to— 

18 ‘‘(i) twice the maximum punishment provided in 

19 section 403; and 

20 ‘‘(ii) twice any term of supervised release author21 ized by section 403 for a first offense; and 

22 ‘‘(B) in the case of an offense under this subsection 

23 after a prior conviction under this subsection— 

24 ‘‘(i) three times the maximum punishment au25 thorized by section 403; and 

26 ‘‘(ii) three times any term of supervised release 

27 authorized by section 403 for a first offense. 

28 ‘‘(2) DEFINITIONS.—As used in this subsection— 

29 ‘‘(A) the term ‘safety rest area’ means a roadside fa30 cility with parking facilities for the rest or other needs 

31 of motorists; and 

32 ‘‘(B) the term ‘truck stop’ means a facility (including 

33 any parking lot appurtenant thereto) that— 

34 ‘‘(i) has the capacity to provide fuel or service, 

35 or both, to any commercial motor vehicle (as de36 fined in section 31301 of title 49), operating in 

37 commerce (as defined in that section); and 


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1 ‘‘(ii) is located within 2,500 feet of the National 

2 System of Interstate and Defense Highways or the 

3 Federal-Aid Primary System. 

4 ‘‘§ 406. Maintaining drug-involved premises. 

5 ‘‘(a) Except as authorized by this title, it shall be unlawful 

6 to— 

7 ‘‘(1) knowingly open, lease, rent, use, or maintain any 

8 place, whether permanently or temporarily, for the purpose 

9 of manufacturing, distributing, or using any controlled sub10 stance; or 

11 ‘‘(2) manage or control any place, whether permanently 

12 or temporarily, either as an owner, lessee, agent, employee, 

13 occupant, or mortgagee, and knowingly and intentionally 

14 rent, lease, profit from, or make available for use, with or 

15 without compensation, the place for the purpose of unlaw16 fully manufacturing, storing, distributing, or using a con17 trolled substance. 

18 ‘‘(b) Whoever violates subsection (a) of this section shall be 

19 sentenced to a term of imprisonment of not more than 20 years 

20 or a fine of not more than $500,000, or both, or a fine of 

21 $2,000,000 for a person other than an individual. 

22 ‘‘(c) A violation of subsection (a) shall be considered an of23 fense against property for purposes of section 

24 3663A(c)(1)(A)(ii) of this title. 

25 ‘‘(d)(1) Whoever violates subsection (a) shall be subject to a 

26 civil penalty of not more than the greater of— 

27 ‘‘(A) $250,000; or 

28 ‘‘(B) 2 times the gross receipts, either known or esti29 mated, that were derived from each violation that is attrib30 utable to the person. 

31 ‘‘(2) If a civil penalty is calculated under paragraph (1)(B), 

32 and there is more than 1 defendant, the court may apportion 

33 the penalty between multiple violators, but each violator shall 

34 be jointly and severally liable for the civil penalty under this 

35 subsection. 


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1 ‘‘(e) Whoever violates subsection (a) shall be subject to de2 claratory and injunctive remedies as set forth in section 403(f) 

3 of the Controlled Substances Act. 

4 ‘‘§ 407. Distribution in or near schools 

5 ‘‘(a) IN GENERAL.—Whoever violates section 402 by distrib6 uting, possessing with intent to distribute, or manufacturing a 

7 controlled substance in or on, or within one thousand feet of, 

8 the real property comprising a public or private elementary, vo9 cational, or secondary school or a public or private college, jun10 ior college, or university, or a playground, or housing facility 

11 owned by a public housing authority, or within 100 feet of a 

12 public or private youth center, public swimming pool, or video 

13 arcade facility, is (except as provided in subsection (b)) subject 

14 to— 

15 ‘‘(1) twice the maximum punishment authorized by sec16 tion 403; and 

17 ‘‘(2) at least twice any term of supervised release author18 ized by section 403 for a first offense. 

19 A fine up to twice that authorized by section 403 may be im20 posed in addition to any term of imprisonment authorized by 

21 this subsection. Except to the extent a greater minimum sen22 tence is otherwise provided by section 403, a person shall be 

23 sentenced under this subsection to a term of imprisonment of 

24 not less than one year. The mandatory minimum sentencing 

25 provisions of this paragraph shall not apply to offenses involv26 ing 5 grams or less of marihuana. 

27 ‘‘(b) SECOND OR SUBSEQUENT OFFENSES.—Whoever vio28 lates subsection (a) after a prior conviction under subsection 

29 (a) is punishable— 

30 ‘‘(1) by the greater of— 

31 ‘‘(A) a term of imprisonment of not less than three 

32 years and not more than life imprisonment; or 

33 ‘‘(B) three times the maximum punishment author34 ized by section 403 for a first offense; and 

35 ‘‘(2) at least three times any term of supervised release 

36 authorized by section 403 for a first offense. 


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1 ‘‘A fine up to three times that authorized by section 403 may 

2 be imposed in addition to any term of imprisonment authorized 

3 by this subsection. Except to the extent a greater minimum 

4 sentence is otherwise provided by section 401(b), a person shall 

5 be sentenced under this subsection to a term of imprisonment 

6 of not less than three years. Penalties for third and subsequent 

7 convictions shall be governed by section 403. 

8 ‘‘(c) SPECIAL RULE FOR USING CHILDREN.—Notwith9 standing any other law, whoever, being at least 21 years of age, 

10 knowingly— 

11 ‘‘(1) employs, hires, uses, persuades, induces, entices, or 

12 coerces a child to violate this section; or 

13 ‘‘(2) employs, hires, uses, persuades, induces, entices, or 

14 coerces a child to assist in avoiding detection or apprehen15 sion for any offense under this section by any Federal, 

16 State, or local law enforcement official, 

17 is punishable by a term of imprisonment, a fine, or both, up 

18 to triple those authorized by section 403. 

19 ‘‘(d) SPECIAL RULE FOR MANDATORY MINIMUM SEN20 TENCES.—In the case of any mandatory minimum sentence im21 posed under subsection (b), imposition or execution of such 

22 sentence shall not be suspended and probation shall not be 

23 granted. An individual convicted under this section shall not be 

24 eligible for parole until the individual has served the mandatory 

25 minimum term of imprisonment as provided by this section. 

26 ‘‘(e) DEFINITIONS.—As used in this section— 

27 ‘‘(1) the term ‘playground’ means any outdoor facility 

28 (including any parking lot appurtenant thereto) intended 

29 for recreation, open to the public, and with any portion 

30 thereof containing three or more separate apparatus in31 tended for the recreation of children including, but not lim32 ited to, sliding boards, swingsets, and teeterboards; 

33 ‘‘(2) the term ‘youth center’ means any recreational fa34 cility and/or gymnasium (including any parking lot appur35 tenant thereto), intended primarily for use by persons 

36 under 18 years of age, which regularly provides athletic, 

37 civic, or cultural activities; 


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1 ‘‘(3) the term ‘video arcade facility’ means any facility, 

2 legally accessible to children, intended primarily for the use 

3 of pinball and video machines for amusement containing a 

4 minimum of ten machines that are either pinball or video 

5 machines; and 

6 ‘‘(4) the term ‘swimming pool’ includes any parking lot 

7 appurtenant thereto. 

8 ‘‘§ 408. Listed chemicals 

9 ‘‘(a) OFFENSE.—Whoever knowingly— 

10 ‘‘(1) possesses a listed chemical with intent to manufac11 ture a controlled substance except as authorized by the 

12 Controlled Substances Act; 

13 ‘‘(2) possesses or distributes, a listed chemical knowing, 

14 or having reasonable cause to believe, that the listed chem15 ical will be used to manufacture a controlled substance ex16 cept as authorized by the Controlled Substances Act; or 

17 ‘‘(3) with the intent of causing the evasion of the record18 keeping or reporting requirements of section 310 of the 

19 Controlled Substances Act, or the regulations issued under 

20 that section, receives or distributes a reportable amount of 

21 any listed chemical in units small enough so that the mak22 ing of records or filing of reports under that section is not 

23 required; 

24 shall be imprisoned not more than 20 years in the case of a 

25 violation of paragraph (1) or (2) involving a list I chemical or 

26 not more than 10 years in any other case. 

27 ‘‘(b) INJUNCTIONS.—In addition to any other applicable pen28 alty, any person convicted of a felony violation of this section 

29 relating to the receipt, distribution, manufacture, exportation, 

30 or importation of a listed chemical may be enjoined from en31 gaging in any transaction involving a listed chemical for not 

32 more than ten years. 

33 ‘‘(c) ADDITIONAL OFFENSES.— 

34 ‘‘(1) Whoever knowingly distributes a listed chemical in 

35 violation of the Controlled Substances Act (other than in 

36 violation of a recordkeeping or reporting requirement of 

37 section 310) shall be imprisoned not more than 5 years. 


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1 ‘‘(2) Whoever knowingly possesses any listed chemical, 

2 with knowledge that the recordkeeping or reporting require3 ments of section 310 of such Act have not been adhered 

4 to, if, after such knowledge is acquired, such person does 

5 not take immediate steps to remedy the violation shall be 

6 imprisoned not more than one year. 

7 ‘‘§ 409. Domestic regulatory offenses 

8 ‘‘(a) UNLAWFUL CONDUCT GENERALLY.—It shall be unlaw9 ful for any person— 

10 ‘‘(1) who is subject to the requirements of part C of the 

11 Controlled Substances Act to distribute or dispense a con12 trolled substance in violation of section 309 of that Act; 

13 ‘‘(2) who is a registrant to distribute or dispense a con14 trolled substance not authorized by his registration to an15 other registrant or other authorized person or to manufac16 ture a controlled substance not authorized by his registra17 tion; 

18 ‘‘(3) who is a registrant to distribute a controlled sub19 stance in violation of section 305 of the Controlled Sub20 stances Act; 

21 ‘‘(4) to remove, alter, or obliterate a symbol or label re22 quired by section 305 of the Controlled Substances Act; 

23 ‘‘(5) to refuse or negligently fail to make, keep, or fur24 nish any record, report, notification, declaration, order or 

25 order form, statement, invoice, or information required 

26 under the Controlled Substances Act or the Controlled Sub27 stances Import and Export Act; 

28 ‘‘(6) to refuse any entry into any premises or inspection 

29 authorized by the Controlled Substances Act or the Con30 trolled Substances Import and Export Act; 

31 ‘‘(7) to remove, break, injure, or deface a seal placed 

32 upon controlled substances pursuant to section 304(f) or 

33 511 of the Controlled Substances Act or to remove or dis34 pose of substances so placed under seal; 

35 ‘‘(8) to use, to his own advantage, or to reveal, other 

36 than to duly authorized officers or employees of the United 

37 States, or to the courts when relevant in any judicial proVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00129 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 ceeding under this title or title III, any information ac2 quired in the course of an inspection authorized by the 

3 Controlled Substances Act concerning any method or proc4 ess which as a trade secret is entitled to protection, or to 

5 use to his own advantage or reveal (other than as author6 ized by section 310 of that Act) any information that is 

7 confidential under such section; 

8 ‘‘(9) who is a regulated person to engage in a regulated 

9 transaction without obtaining the identification required by 

10 310(a)(3) of the Controlled Substances Act; 

11 ‘‘(10) negligently to fail to keep a record or make a re12 port under section 310 of that Act; or 

13 ‘‘(11) to distribute a laboratory supply to a person who 

14 uses, or attempts to use, that laboratory supply to manu15 facture a controlled substance or a listed chemical, in viola16 tion of the Controlled Substances Act or the Controlled 

17 Substances Import and Export Act, with reckless disregard 

18 for the illegal uses to which such a laboratory supply will 

19 be put. 

20 ‘‘(b) DEFINITION.—As used in subsection (a)(11), the term 

21 ‘laboratory supply’ means a listed chemical or any chemical, 

22 substance, or item on a special surveillance list published by 

23 the Attorney General, which contains chemicals, products, ma24 terials, or equipment used in the manufacture of controlled 

25 substances and listed chemicals. For purposes of that sub26 section, there is a rebuttable presumption of reckless disregard 

27 at trial if the Attorney General notifies a firm in writing that 

28 a laboratory supply sold by the firm, or any other person or 

29 firm, has been used by a customer of the notified firm, or dis30 tributed further by that customer, for the unlawful production 

31 of controlled substances or listed chemicals a firm distributes 

32 and 2 weeks or more after the notification the notified firm dis33 tributes a laboratory supply to the customer. 

34 ‘‘(c) SCHEDULE I AND II SUBSTANCES.—It shall be unlawful 

35 for any person who is a registrant to manufacture a controlled 

36 substance in schedule I or II which is— 


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1 ‘‘(1) not expressly authorized by the registration and by 

2 a quota assigned to that registrant pursuant to section 306 

3 of the Controlled Substances Act; or 

4 ‘‘(2) in excess of a quota assigned to that registrant pur5 suant to section 306. 

6 ‘‘(d)(1)(A) Except as provided in subparagraph (B) of this 

7 paragraph and paragraph (2), whoever violates this section 

8 shall, with respect to any such violation, be subject to a civil 

9 penalty of not more than $25,000. 

10 ‘‘(B) In the case of a violation of paragraph (5) or (10) of 

11 subsection (a), the civil penalty shall not exceed $10,000. 

12 ‘‘(2)(A) Whoever knowingly violates this section shall, except 

13 as otherwise provided in subparagraph (B), be imprisoned not 

14 more than one year. 

15 ‘‘(B) If a violation referred to in subparagraph (A) was com16 mitted after one or more prior convictions of the offender for 

17 an offense punishable under this paragraph (2), or for a crime 

18 under any other provision of any law of the United States re19 lating to controlled substances, narcotic drugs, marihuana, or 

20 depressant or stimulant substances, have become final, such 

21 person shall be sentenced to a term of imprisonment of not 

22 more than 2 years. 

23 ‘‘(C) In addition to the penalties set forth elsewhere in this 

24 title, any business that violates paragraph (11) of subsection 

25 (a) shall, with respect to the first such violation, be subject to 

26 a civil penalty of not more than $250,000, but shall not be sub27 ject to criminal penalties under this section, and shall, for any 

28 succeeding violation, be subject to a civil fine of not more than 

29 $250,000 or double the last previously imposed penalty, which30 ever is greater. 

31 ‘‘(3) Except under the conditions specified in paragraph (2) 

32 of this subsection, a violation of this section does not constitute 

33 a crime, and a judgment for the United States and imposition 

34 of a civil penalty pursuant to paragraph (1) shall not give rise 

35 to any disability or legal disadvantage based on conviction for 

36 a criminal offense. 


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1 ‘‘§ 410. Additional domestic regulatory offenses 

2 ‘‘(a) GENERALLY.—It shall be unlawful for any person know3 ingly— 

4 ‘‘(1) as a registrant to distribute a controlled substance 

5 classified in schedule I or II, in the course of legitimate 

6 business, except pursuant to an order or an order form as 

7 required by section 308 of the Controlled Substances Act; 

8 ‘‘(2) to use in the course of the manufacture, distribu9 tion, or dispensing of a controlled substance, or to use for 

10 the purpose of acquiring or obtaining a controlled sub11 stance, a registration number which is fictitious, revoked, 

12 suspended, expired, or issued to another person; 

13 ‘‘(3) to acquire or obtain possession of a controlled sub14 stance by misrepresentation, fraud, forgery, deception, or 

15 subterfuge; 

16 ‘‘(4)(A) to furnish false or fraudulent material informa17 tion in, or omit any material information from, any applica18 tion, report, record, or other document required to be 

19 made, kept, or filed under this chapter, the Controlled Sub20 stances Act, or the Controlled Substances Import and Ex21 port Act, or (B) to present false or fraudulent identification 

22 where the person is receiving or purchasing a listed chem23 ical and the person is required to present identification 

24 under section 310(a) of the Controlled Substances Act; 

25 ‘‘(5) to make, distribute, or possess any punch, die, 

26 plate, stone, or other thing designed to print, imprint, or 

27 reproduce the trademark, trade name, or other identifying 

28 mark, imprint, or device of another or any likeness of any 

29 of the foregoing upon any drug or container or labeling 

30 thereof so as to render such drug a counterfeit substance; 

31 ‘‘(6) to possess any three-neck round-bottom flask, 

32 tableting machine, encapsulating machine, or gelatin cap33 sule, or any equipment, chemical, product, or material 

34 which may be used to manufacture a controlled substance 

35 or listed chemical, knowing, intending, or having reasonable 

36 cause to believe, that it will be used to manufacture a con37 trolled substance or listed chemical in violation of this title, 


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1 the Controlled Substances Act, or the Controlled Sub2 stances Import and Export Act; 

3 ‘‘(7) to manufacture, distribute, export, or import any 

4 three-neck round-bottom flask, tableting machine, encap5 sulating machine, or gelatin capsule, or any equipment, 

6 chemical, product, or material which may be used to manu7 facture a controlled substance or listed chemical, knowing, 

8 intending, or having reasonable cause to believe, that it will 

9 be used to manufacture a controlled substance or listed 

10 chemical in violation of this title, the Controlled Substances 

11 Act, or the Controlled Substances Import and Export Act 

12 or, in the case of an exportation, in violation of this title, 

13 the Controlled Substances Act, the Controlled Substances 

14 Import and Export Act, or of the laws of the country to 

15 which it is exported; 

16 ‘‘(8) to create a chemical mixture for the purpose of 

17 evading a requirement of section 310 of the Controlled 

18 Substances Act or to receive a chemical mixture created for 

19 that purpose; or 

20 ‘‘(9) to distribute, import, or export a list I chemical 

21 without the registration required by the Controlled Sub22 stances Act or the Controlled Substances Import and Ex23 port Act. 

24 ‘‘(b) USE OF COMMUNICATION FACILITY.— 

25 ‘‘(1) It shall be unlawful for any person knowingly or in26 tentionally to use any communication facility in committing 

27 or in causing or facilitating the commission of any felony 

28 under this chapter or the Controlled Substances Act or the 

29 Controlled Substances Import and Export Act. 

30 ‘‘(2) Each separate use of a communication facility shall 

31 be a separate offense under this subsection. 

32 ‘‘(3) As used in this subsection, the term ‘communication 

33 facility’ means any and all public and private instrumental34 ities used or useful in the transmission of writing, signs, 

35 signals, pictures, or sounds of all kinds and includes mail, 

36 telephone, wire, radio, and all other means of communica37 tion. 


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1 ‘‘(c) ADVERTISING.— 

2 ‘‘(1) It shall be unlawful for any person to place in any 

3 newspaper, magazine, handbill, or other publications, any 

4 written advertisement knowing that it has the purpose of 

5 seeking or offering illegally to receive, buy, or distribute a 

6 schedule I controlled substance. 

7 ‘‘(2) As used in this subsection the term ‘advertisement’ 

8 includes, in addition to its ordinary meaning, such adver9 tisements as those for a catalog of schedule I controlled 

10 substances and any similar written advertisement that has 

11 the purpose of seeking or offering illegally to receive, buy, 

12 or distribute a schedule I controlled substance. The term 

13 ‘advertisement’ does not include material which merely ad14 vocates the use of a similar material, which advocates a po15 sition or practice, and does not attempt to propose or facili16 tate an actual transaction in a schedule I controlled sub17 stance. 

18 ‘‘(d) PENALTIES.— 

19 ‘‘(1) Except as provided in paragraph (2), whoever know20 ingly violates this section shall be imprisoned not more 

21 than 4 years; except that if any person commits such a vio22 lation after being convicted for a felony under any law of 

23 the United States relating to controlled substances, nar24 cotic drugs, marihuana, or depressant or stimulant sub25 stances, such person shall be sentenced to a term of impris26 onment of not more than 8 years. 

27 ‘‘(2) Whoever, with the intent to manufacture or to fa28 cilitate the manufacture of methamphetamine, violates 

29 paragraph (6) or (7) of subsection (a), shall be imprisoned 

30 not more than 10 years; except that if any person commits 

31 such a violation after one or more prior convictions of that 

32 persons for a violation of any law of the United States or 

33 any State relating to controlled substances or listed chemi34 cals, such person shall be imprisoned not more than 20 

35 years. 

36 ‘‘(e) INJUNCTION RELATING TO ENGAGING IN TRANS37 ACTIONS.— In addition to any other applicable penalty, any 


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1 person convicted of a felony violation of this section relating to 

2 the receipt, distribution, manufacture, exportation, or importa3 tion of a listed chemical may be enjoined from engaging in any 

4 transaction involving a listed chemical for not more than ten 

5 years. 

6 ‘‘(f) DECLARATORY AND OTHER RELIEF.— 

7 ‘‘(1) In addition to any penalty provided in this section, 

8 the Attorney General is authorized to commence a civil ac9 tion for appropriate declaratory or injunctive relief relating 

10 to a violation of this section, section 402, or section 406. 

11 ‘‘(2) Any action under this subsection may be brought in 

12 the district court of the United States for the district in 

13 which the defendant is located or resides or is doing busi14 ness. 

15 ‘‘(3) Any order or judgment issued by the court pursuant 

16 to this subsection shall be tailored to restrain the violation. 

17 ‘‘(4) The court shall proceed as soon as practicable to 

18 the hearing and determination of such an action. An action 

19 under this subsection is governed by the Federal Rules of 

20 Civil Procedure except that, if an indictment has been re21 turned against the respondent, discovery is governed by the 

22 Federal Rules of Criminal Procedure. 

23 ‘‘§ 411. Penalty for simple possession 

24 ‘‘(a) ELEMENTS OF OFFENSE.—It shall be unlawful for any 

25 person knowingly— 

26 ‘‘(1) to possess a controlled substance unless such sub27 stance was obtained directly, or pursuant to a valid pre28 scription or order, from a practitioner acting in the course 

29 of professional practice, or except as otherwise authorized 

30 by the Controlled Substances Act or the Controlled Sub31 stances Import and Export Act; or 

32 ‘‘(2) to possess any list I chemical obtained pursuant to 

33 or under authority of a registration issued to that person 

34 under section 303 of the Controlled Substances Act or sec35 tion 1008 of the Controlled Substances Import and Export 

36 Act, if that registration has been revoked or suspended, if 

37 that registration has expired, or if the registrant has ceased 


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1 to do business in the manner contemplated by his registra2 tion. 

3 ‘‘(b) PUNISHMENT.— 

4 ‘‘(1) GENERALLY.—Whoever violates subsection (a) shall 

5 be imprisoned not more than 1 year, except that the of6 fense is after a prior conviction of the offender under the 

7 Controlled Substances Act or the Controlled Substances 

8 Import and Export Act, or for any drug, narcotic, or chem9 ical offense chargeable under the law of any State, the of10 fender shall be imprisoned not less than 15 days nor more 

11 than 2 years and if the offense is after two or more such 

12 convictions, the offender shall be sentenced to a term of im13 prisonment for not less than 90 days but not more than 

14 3 years. 

15 ‘‘(2) COCAINE BASE.—Notwithstanding paragraph (a), a 

16 person convicted under this section for the possession of a 

17 mixture or substance which contains cocaine base shall be 

18 imprisoned not less than 5 years and not more than 20 

19 years if the conviction is a first conviction under this sub20 section and the amount of the mixture or substance exceeds 

21 5 grams, if the conviction is after a prior conviction for the 

22 possession of such a mixture or substance under this sub23 section becomes final and the amount of the mixture or 

24 substance exceeds 3 grams, or if the conviction is after 2 

25 or more prior convictions for the possession of such a mix26 ture or substance under this subsection become final and 

27 the amount of the mixture or substance exceeds 1 gram. 

28 ‘‘(3) FLUNITRAZEPAM.—Notwithstanding any penalty 

29 provided in this subsection, any person convicted under this 

30 subsection for the possession of flunitrazepam shall be im31 prisoned for not more than 3 years. The imposition or exe32 cution of a minimum sentence required to be imposed 

33 under this subsection shall not be suspended or deferred. 

34 ‘‘(4) COSTS.—Further, upon conviction, a person who 

35 violates this subsection shall be fined the reasonable costs 

36 of the investigation and prosecution of the offense, includ37 ing the costs of prosecution of an offense as defined in secVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00136 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 tions 1918 and 1920 of title 28, except that this sentence 

2 shall not apply and a fine under this section need not be 

3 imposed if the court determines the defendant lacks the 

4 ability to pay. 

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

6 narcotic, or chemical offense’ means any offense which pro7 scribes the possession, distribution, manufacture, cultivation, 

8 sale, transfer, or the attempt or conspiracy to possess, dis9 tribute, manufacture, cultivate, sell or transfer any substance 

10 the possession of which is prohibited under the Controlled Sub11 stances Act. 

12 ‘‘§ 412. Civil penalty for possession of small 

13 amounts of certain controlled substances 

14 ‘‘(a) IN GENERAL.—An individual who knowingly possesses 

15 a controlled substance described in section 403(a) in violation 

16 of section 411 in an amount that, as specified by regulation of 

17 the Attorney General, is a personal use amount shall be liable 

18 to the United States for a civil penalty in an amount not to 

19 exceed $10,000. 

20 ‘‘(b) INCOME AND NET ASSETS.—The income and net assets 

21 of an individual shall not be relevant to the determination 

22 whether to assess a civil penalty under this section or to pros23 ecute the individual criminally. However, in determining the 

24 amount of a penalty under this section, the income and net as25 sets of an individual shall be considered. 

26 ‘‘(c) PRIOR CONVICTION.—A civil penalty may not be as27 sessed under this section if the individual previously was con28 victed of a Federal or State offense relating to a controlled sub29 stance. 

30 ‘‘(d) LIMITATION ON NUMBER OF ASSESSMENTS.—A civil 

31 penalty may not be assessed on an individual under this section 

32 on more than two separate occasions. 

33 ‘‘(e) ASSESSMENT.—A civil penalty under this section may 

34 be assessed by the Attorney General only by an order made on 

35 the record after opportunity for a hearing in accordance with 

36 section 554 of title 5. The Attorney General shall provide writ37 ten notice to the individual who is the subject of the proposed 


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1 order informing the individual of the opportunity to receive 

2 such a hearing with respect to the proposed order. The hearing 

3 may be held only if the individual makes a request for the hear4 ing before the expiration of the 30-day period beginning on the 

5 date such notice is issued. 

6 ‘‘(f) COMPROMISE.—The Attorney General may compromise, 

7 modify, or remit, with or without conditions, any civil penalty 

8 imposed under this section. 

9 ‘‘(g) JUDICIAL REVIEW.—If the Attorney General issues an 

10 order pursuant to subsection (e) after a hearing described in 

11 such subsection, the individual who is the subject of the order 

12 may, before the expiration of the 30-day period beginning on 

13 the date the order is issued, bring a civil action in the appro14 priate district court of the United States. In such action, the 

15 law and the facts of the violation and the assessment of the 

16 civil penalty shall be determined de novo, and shall include the 

17 right of a trial by jury, the right to counsel, and the right to 

18 confront witnesses. The facts of the violation shall be proved 

19 beyond a reasonable doubt. 

20 ‘‘(h) CIVIL ACTION.—If an individual does not request a 

21 hearing pursuant to subsection (e) and the Attorney General 

22 issues an order pursuant to such subsection, or if an individual 

23 does not under subsection (g) seek judicial review of such an 

24 order, the Attorney General may commence a civil action in any 

25 appropriate district court of the United States for the purpose 

26 of recovering the amount assessed and an amount representing 

27 interest at a rate computed in accordance with section 1961 of 

28 title 28. Such interest shall accrue from the expiration of the 

29 30-day period described in subsection (g). In such an action, 

30 the decision of the Attorney General to issue the order, and the 

31 amount of the penalty assessed by the Attorney General, shall 

32 not be subject to review. 

33 ‘‘(i) LIMITATION.—The Attorney General may not under this 

34 section commence proceeding against an individual after the ex35 piration of the 5-year period beginning on the date on which 

36 the individual allegedly violated subsection (a). 


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1 ‘‘(j) EXPUNGEMENT PROCEDURES.—The Attorney General 

2 shall dismiss the proceedings under this section against an indi3 vidual upon application of such individual at any time after the 

4 expiration of 3 years if— 

5 ‘‘(1) the individual has not previously been assessed a 

6 civil penalty under this section; 

7 ‘‘(2) the individual has paid the assessment; 

8 ‘‘(3) the individual has complied with any conditions im9 posed by the Attorney General; 

10 ‘‘(4) the individual has not been convicted of a Federal 

11 or State offense relating to a controlled substance; and 

12 ‘‘(5) the individual agrees to submit to a drug test, and 

13 such test shows the individual to be drug free. 

14 A nonpublic record of a disposition under this subsection shall 

15 be retained by the Department of Justice solely for the purpose 

16 of determining in any subsequent proceeding whether the per17 son qualified for a civil penalty or expungement under this sec18 tion. If a record is expunged under this subsection, an indi19 vidual concerning whom such an expungement has been made 

20 shall not be held thereafter under any provision of law to be 

21 guilty of perjury, false swearing, or making a false statement 

22 by reason of his failure to recite or acknowledge a proceeding 

23 under this section or the results thereof in response to an in24 quiry made of him for any purpose. 

25 ‘‘§ 413. Continuing criminal enterprise 

26 ‘‘(a) ENGAGING IN ENTERPRISE.— 

27 ‘‘(1) Whoever engages in a continuing criminal enterprise 

28 shall be imprisoned for any term of years not less than 20, 

29 or for life. 

30 ‘‘(2) If a person engages in such activity after a prior 

31 conviction of that person under this section, the offender 

32 shall be imprisoned any term of years not less than 30, or 

33 for life. 

34 ‘‘(b) AGGRAVATED OFFENSE.—Whoever engages in a con35 tinuing criminal enterprise shall be imprisoned for life under 

36 subsection (a), if— 


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1 ‘‘(1) such person is the principal administrator, orga2 nizer, or leader of the enterprise or is one of several such 

3 principal administrators, organizers, or leaders; and 

4 ‘‘(2)(A) the violation referred to in subsection (c)(1) in5 volved at least 300 times the quantity of a substance de6 scribed in section 403(b); or 

7 ‘‘(B) the enterprise, or any other enterprise in which the 

8 defendant was the principal or one of several principal ad9 ministrators, organizers, or leaders, received $10 million 

10 dollars in gross receipts during any twelve-month period of 

11 its existence for the manufacture, importation, or distribu12 tion of a substance described in section 403(b). 

13 ‘‘(c) WHAT CONSTITUTES ‘ENGAGING’.—For purposes of 

14 this section, a person is engaged in a continuing criminal enter15 prise if— 

16 ‘‘(1) that person violates any provision of this chapter 

17 the punishment for which is a felony, and 

18 ‘‘(2) such violation is a part of a continuing series of vio19 lations of chapter— 

20 ‘‘(A) which are undertaken by such person in concert 

21 with five or more other persons with respect to whom 

22 such person occupies a position of organizer, a super23 visory position, or any other position of management, 

24 and 

25 ‘‘(B) from which such person obtains substantial in26 come or resources. 

27 ‘‘(d) SPECIAL RULE FOR SENTENCING.—In the case of any 

28 sentence imposed under this section, imposition or execution of 

29 such sentence shall not be suspended, probation shall not be 

30 granted, and the Act of July 15, 1932 (D.C. Code, secs. 24– 

31 203—24–207), shall not apply. 

32 ‘‘(e) DEATH PENALTY.— 

33 ‘‘(1) In addition to the other penalties set forth in this 

34 section whoever— 

35 ‘‘(A) while engaging in or working in furtherance of 

36 a continuing criminal enterprise, or engaging in an of37 fense punishable under section 403(a) intentionally kills 


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1 or counsels, commands, induces, procures, or causes 

2 the intentional killing of an individual and such killing 

3 results; and 

4 ‘‘(B) during the commission of, in furtherance of, or 

5 while attempting to avoid apprehension, prosecution or 

6 service of a prison sentence for, a felony violation of 

7 this chapter intentionally kills or counsels, commands, 

8 induces, procures, or causes the intentional killing of 

9 any Federal, State, or local law enforcement officer en10 gaged in, or on account of, the performance of such of11 ficer’s official duties and such killing results; 

12 shall be imprisoned any term of year not less than 20, or for 

13 life, or may be sentenced to death. 

14 ‘‘(2) As used in paragraph (1)(B), the term ‘law enforcement 

15 officer’ means a public servant authorized by law to conduct or 

16 engage in the prevention, investigation, prosecution or adju17 dication of an offense, and includes those engaged in correc18 tions, probation, or parole functions. 

19 ‘‘§ 414. Drug paraphernalia 

20 ‘‘(a) OFFENSE.—Whoever— 

21 ‘‘(1) sells or offers for sale drug paraphernalia; 

22 ‘‘(2) uses a facility of interstate or foreign commerce to 

23 transport drug paraphernalia; or 

24 ‘‘(3) imports or exports drug paraphernalia; 

25 shall be imprisoned not more than three years. 

26 ‘‘(b) FORFEITURE.—Any drug paraphernalia involved in any 

27 violation of subsection (a) of this section shall be subject to sei28 zure and forfeiture upon the conviction of a person for such 

29 violation. Any such paraphernalia shall be delivered to the Ad30 ministrator of General Services, General Services Administra31 tion, who may order such paraphernalia destroyed or may au32 thorize its use for law enforcement or educational purposes by 

33 Federal, State, or local authorities. 

34 ‘‘(c) DEFINITION.—The term ‘drug paraphernalia’ means 

35 any equipment, product, or material of any kind which is pri36 marily intended or designed for use in manufacturing, 

37 compounding, converting, concealing, producing, processing, 


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1 preparing, injecting, ingesting, inhaling, or otherwise intro2 ducing into the human body a controlled substance, possession 

3 of which is unlawful under the Controlled Substances Act (title 

4 II of Public Law 91–513). It includes items primarily intended 

5 or designed for use in ingesting, inhaling, or otherwise intro6 ducing marijuana, cocaine, hashish, hashish oil, PCP, meth7 amphetamine, or amphetamines into the human body, such 

8 as— 

9 ‘‘(1) metal, wooden, acrylic, glass, stone, plastic, or ce10 ramic pipes with or without screens, permanent screens, 

11 hashish heads, or punctured metal bowls; 

12 ‘‘(2) water pipes; 

13 ‘‘(3) carburetion tubes and devices; 

14 ‘‘(4) smoking and carburetion masks; 

15 ‘‘(5) roach clips: meaning objects used to hold burning 

16 material, such as a marihuana cigarette, that has become 

17 too small or too short to be held in the hand; 

18 ‘‘(6) miniature spoons with level capacities of one-tenth 

19 cubic centimeter or less; 

20 ‘‘(7) chamber pipes; 

21 ‘‘(8) carburetor pipes; 

22 ‘‘(9) electric pipes; 

23 ‘‘(10) air-driven pipes; 

24 ‘‘(11) chillums; 

25 ‘‘(12) bongs; 

26 ‘‘(13) ice pipes or chillers; 

27 ‘‘(14) wired cigarette papers; or 

28 ‘‘(15) cocaine freebase kits. 

29 ‘‘(e) FACTORS WHICH MAY BE CONSIDERED.—In deter30 mining whether an item constitutes drug paraphernalia, in ad31 dition to all other logically relevant factors, the following may 

32 be considered: 

33 ‘‘(1) Instructions, oral or written, provided with the item 

34 concerning its use. 

35 ‘‘(2) Descriptive materials accompanying the item which 

36 explain or depict its use. 

37 ‘‘(3) National and local advertising concerning its use. 


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1 ‘‘(4) The manner in which the item is displayed for sale. 

2 ‘‘(5) Whether the owner, or anyone in control of the 

3 item, is a legitimate supplier of like or related items to the 

4 community, such as a licensed distributor or dealer of to5 bacco products. 

6 ‘‘(6) Direct or circumstantial evidence of the radio of 

7 sales of the item to the total sales of the business enter8 prise. 

9 ‘‘(7) The existence and scope of legitimate uses of the 

10 item in the community. 

11 ‘‘(8) Expert testimony concerning its use. 

12 ‘‘(f) EXCLUSIONS.—This section shall not apply to— 

13 ‘‘(1) any person authorized by local, State, or Federal 

14 law to manufacture, possess, or distribute such items; or 

15 ‘‘(2) any item that, in the normal lawful course of busi16 ness, is imported, exported, transported, or sold through 

17 the mail or by any other means, and traditionally intended 

18 for use with tobacco products, including any pipe, paper, or 

19 accessory. 

20 ‘‘§ 415. Proceedings to establish prior convictions 

21 ‘‘(a) FILING OF INFORMATION.— 

22 ‘‘(1) No person who is convicted of an offense under this 

23 chapter shall be sentenced to increased punishment by rea24 son of one or more prior convictions, unless before trial, or 

25 before entry of a plea of guilty, the United States attorney 

26 files an information with the court (and serves a copy of 

27 such information on the person or counsel for the person) 

28 stating in writing the previous convictions to be relied 

29 upon. Upon a showing by the United States attorney that 

30 facts regarding prior convictions could not with due dili31 gence be obtained prior to trial or before entry of a plea 

32 of guilty, the court may postpone the trial or the taking of 

33 the plea of guilty for a reasonable period for the purpose 

34 of obtaining such facts. Clerical mistakes in the informa35 tion may be amended at any time prior to the pronounce36 ment of sentence. 


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1 ‘‘(2) An information may not be filed under this section 

2 if the increased punishment which may be imposed is im3 prisonment for a term in excess of three years unless the 

4 person either waived or was afforded prosecution by indict5 ment for the offense for which such increased punishment 

6 may be imposed. 

7 ‘‘(b) AFFIRMATION OR DENIAL OF PREVIOUS CONVIC8 TION.—If the United States attorney files an information under 

9 this section, the court shall after conviction but before pro10 nouncement of sentence inquire of the person with respect to 

11 whom the information was filed whether he affirms or denies 

12 that he has been previously convicted as alleged in the informa13 tion, and shall inform him that any challenge to a prior convic14 tion which is not made before sentence is imposed may not 

15 thereafter be raised to attack the sentence. 

16 ‘‘(c) DENIAL, WRITTEN RESPONSE, AND HEARING.— 

17 ‘‘(1) If the person denies any allegation of the informa18 tion of prior conviction, or claims that any conviction al19 leged is invalid, he shall file a written response to the infor20 mation. A copy of the response shall be served upon the 

21 United States attorney. The court shall hold a hearing to 

22 determine any issues raised by the response which would 

23 except the person from increased punishment. The failure 

24 of the United States attorney to include in the information 

25 the complete criminal record of the person or any facts in 

26 addition to the convictions to be relied upon shall not con27 stitute grounds for invalidating the notice given in the in28 formation required by subsection (a)(1). The hearing shall 

29 be before the court without a jury and either party may in30 troduce evidence. Except as otherwise provided in para31 graph (2) of this subsection, the United States attorney 

32 shall have the burden of proof beyond a reasonable doubt 

33 on any issue of fact. At the request of either party, the 

34 court shall enter findings of fact and conclusions of law. 

35 ‘‘(2) A person claiming that a conviction alleged in the 

36 information was obtained in violation of the Constitution of 

37 the United States shall set forth his claim, and the factual 


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1 basis therefor, with particularity in his response to the in2 formation. The person shall have the burden of proof by a 

3 preponderance of the evidence on any issue of fact raised 

4 by the response. Any challenge to a prior conviction, not 

5 raised by response to the information before an increased 

6 sentence is imposed in reliance thereon, shall be waived un7 less good cause be shown for failure to make a timely chal8 lenge. 

9 ‘‘(d) IMPOSITION OF SENTENCE.— 

10 ‘‘(1) If the person files no response to the information, 

11 or if the court determines, after hearing, that the person 

12 is subject to increased punishment by reason of prior con13 victions, the court shall proceed to impose sentence upon 

14 him as provided by this part. 

15 ‘‘(2) If the court determines that the person has not 

16 been convicted as alleged in the information, that a convic17 tion alleged in the information is invalid, or that the person 

18 is otherwise not subject to an increased sentence as a mat19 ter of law, the court shall, at the request of the United 

20 States attorney, postpone sentence to allow an appeal from 

21 that determination. If no such request is made, the court 

22 shall impose sentence as provided by this part. The person 

23 may appeal from an order postponing sentence as if sen24 tence had been pronounced and a final judgment of convic25 tion entered. 

26 ‘‘(e) CHALLENGES OF VALIDITY OF PRIOR CONVICTIONS.— 

27 No person who is convicted of an offense under this chapter 

28 may challenge the validity of any prior conviction alleged under 

29 this section which occurred more than five years before the 

30 date of the information alleging such prior conviction. 

31 ‘‘§ 416. Anhydrous ammonia 

32 ‘‘(a) It is unlawful for any person— 

33 ‘‘(1) to steal anhydrous ammonia, or 

34 ‘‘(2) to transport stolen anhydrous ammonia across State 

35 lines, 


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1 knowing, intending, or having reasonable cause to believe that 

2 such anhydrous ammonia will be used to manufacture a con3 trolled substance in violation of this part. 

4 ‘‘(b) Whoever violates subsection (a) shall be imprisoned in 

5 accordance with section 403(d) as if such violation were a viola6 tion of a provision of section 403. 

7 ‘‘§ 417. Controlled substances import and export 

8 listed chemical offenses 

9 ‘‘Whoever knowingly— 

10 ‘‘(1) imports or exports a listed chemical with intent to 

11 manufacture a controlled substance in violation of the Con12 trolled Substances Act or the Controlled Substances Import 

13 and Export Act; 

14 ‘‘(2) exports a listed chemical in violation of the laws of 

15 the country to which the chemical is exported or serves as 

16 a broker or trader for an international transaction involv17 ing a listed chemical, if the transaction is in violation of 

18 the laws of the country to which the chemical is exported; 

19 ‘‘(3) imports or exports a listed chemical knowing, or 

20 having reasonable cause to believe, that the chemical will 

21 be used to manufacture a controlled substance in violation 

22 of the Controlled Substances Act or the Controlled Sub23 stances Import or Export Act; 

24 ‘‘(4) exports a listed chemical, or serves as a broker or 

25 trader for an international transaction involving a listed 

26 chemical, knowing, or having reasonable cause to believe, 

27 that the chemical will be used to manufacture a controlled 

28 substance in violation of the laws of the country to which 

29 the chemical is exported; 

30 ‘‘(5) imports or exports a listed chemical, with the intent 

31 to evade the reporting or recordkeeping requirements of 

32 section 1018 applicable to such importation or exportation 

33 by falsely representing to the Attorney General that the im34 portation or exportation qualifies for a waiver of the 15-day 

35 notification requirement granted pursuant to section 

36 1018(e) (2) or (3) of the Controlled Substances Import and 

37 Export Act by misrepresenting the actual country of final 


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1 destination of the listed chemical or the actual listed chem2 ical being imported or exported; 

3 ‘‘(6) imports or exports a listed chemical in violation of 

4 section 1007 or 1018; or 

5 ‘‘(7) manufactures, possesses with intent to distribute, or 

6 distributes a listed chemical in violation of section 1009; 

7 shall be imprisoned not more than 20 years in the case of a 

8 violation of paragraph (1) or (3) involving a list I chemical or 

9 not more than 10 years in the case of a violation of this sub10 section other than a violation of paragraph (1) or (3) involving 

11 a list I chemical, or both. 

12 ‘‘§ 418. Prohibited acts related to foreign terrorist 

13 organizations or terrorist persons and 

14 groups 

15 ‘‘(a) OFFENSE.—Whoever, as made applicable in subsection 

16 (b), engages in conduct that would be punishable under section 

17 841(a) of this title if committed within the jurisdiction of the 

18 United States, knowing or intending to provide, directly or indi19 rectly, anything of pecuniary value to any person or organiza20 tion that has engaged or engages in terrorist activity (as de21 fined in section 212(a)(3)(B) of the Immigration and Nation22 ality Act) or terrorism (as defined in section 140(d)(2) of the 

23 Foreign Relations Authorization Act, Fiscal Years 1988 and 

24 1989), shall be sentenced to a term of imprisonment of not less 

25 than twice the minimum punishment under section 841(b)(1), 

26 and not more than life. Notwithstanding section 3583 of this 

27 title 18, any sentence imposed under this subsection shall in28 clude a term of supervised release of at least 5 years in addi29 tion to such term of imprisonment. 

30 ‘‘(b) APPLICABILITY.—The conduct described in subsection 

31 (a) is an offense if— 

32 ‘‘(1) the prohibited drug activity or the terrorist offense 

33 is in violation of the criminal laws of the United States; 

34 ‘‘(2) the offense, the prohibited drug activity, or the ter35 rorist offense occurs in or affects interstate or foreign com36 merce; 


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1 ‘‘(3) an offender provides anything of pecuniary value for 

2 a terrorist offense that causes or is designed to cause death 

3 or serious bodily injury to a national of the United States 

4 while that national is outside the United States, or sub5 stantial damage to the property of a legal entity organized 

6 under the laws of the United States (including any of its 

7 States, districts, commonwealths, territories, or posses8 sions) while that property is outside of the United States; 

9 ‘‘(4) the offense or the prohibited drug activity occurs in 

10 whole or in part outside of the United States (including on 

11 the high seas), and a perpetrator of the offense or the pro12 hibited drug activity is a national of the United States or 

13 a legal entity organized under the laws of the United States 

14 (including any of its States, districts, commonwealths, ter15 ritories, or possessions); or 

16 ‘‘(5) after the conduct required for the offense occurs an 

17 offender is brought into or found in the United States, even 

18 if the conduct required for the offense occurs outside the 

19 United States. 

20 ‘‘(c) PROOF REQUIREMENTS.—To violate subsection (a), a 

21 person must have knowledge that the person or organization 

22 has engaged or engages in terrorist activity (as defined in sec23 tion 212(a)(3)(B) of the Immigration and Nationality Act) or 

24 terrorism (as defined in section 140(d)(2) of the Foreign Rela25 tions Authorization Act, Fiscal Years 1988 and 1989). 

26 ‘‘(d) DEFINITION.—As used in this section, the term ‘any27 thing of pecuniary value’ has the meaning given the term in 

28 section 506. 

29 ‘‘CHAPTER 19—ORGANIZED CRIME 

‘‘Subchapter Sec. 

‘‘A. Racketeering ......................................................................... 501 

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

‘‘C. Criminal street gangs ........................................................ 521 

30 ‘‘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. 


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‘‘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 murderfor-hire. 

‘‘507. Violent crimes in aid of racketeering activity. 

‘‘508. Prohibition of unlicensed money transmitting businesses. 

1 ‘‘§ 501. Interference with commerce by threats or 

2 violence 

3 ‘‘(a) OFFENSE.—Whoever affects interstate or foreign com4 merce, by robbery or extortion or commits or threatens physical 

5 violence to any person or property in furtherance of a plan or 

6 purpose to do anything in violation of this section shall be im7 prisoned not more than 20 years. 

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

9 ‘‘(1) The term ‘robbery’ means the unlawful taking or 

10 obtaining of personal property from the person or presence 

11 of another, against his will, by means of actual or threat12 ened force, or violence, or fear of injury, immediate or fu13 ture, to his person or property, or property in his custody 

14 or possession, or the person or property of a relative or 

15 member of his family or of anyone in his company at the 

16 time of the taking or obtaining. 

17 ‘‘(2) The term ‘extortion’ means the obtaining of prop18 erty from another, with his consent, induced by wrongful 

19 use of actual or threatened force, violence, or fear, or under 

20 color of official right. 

21 ‘‘(c) EXCLUSIONS.—This section does not repeal, modify or 

22 affect section 6 or 20 of the Clayton Act, the Norris-LaGuardia 

23 Act, the Labor Management Relations Act, 1947, or the Rail24 way Labor Act. 

25 ‘‘§ 502. Interstate and foreign travel or transpor26 tation in aid of racketeering enterprises 

27 ‘‘(a) ELEMENTS OF OFFENSE.— 

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

29 or uses the mail or any facility in interstate or foreign com30 merce, with intent to— 

31 ‘‘(A) distribute the proceeds of any unlawful activity; 


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1 ‘‘(B) commit any crime of violence to further any un2 lawful activity; or 

3 ‘‘(C) otherwise promote, manage, establish, carry on, 

4 or facilitate the promotion, management, establishment, 

5 or carrying on, of any unlawful activity; 

6 and thereafter performs or attempts to engage in the conduct 

7 so intended shall be punished as provided in subsection (b). 

8 ‘‘(b) PUNISHMENT.—The punishment for an offense under 

9 subsection (a)— 

10 ‘‘(1) with respect to conduct described in subparagraph 

11 (A) or (C) shall be imprisoned not more than 5 years; or 

12 ‘‘(2) with respect to conduct described in subparagraph 

13 (B) shall be imprisoned for not more than 20 years and if 

14 death results shall be imprisoned for any term of years or 

15 for life. 

16 ‘‘(c) DEFINITIONS.—As used in this section the term ‘unlaw17 ful activity’ means— 

18 ‘‘(1) any business enterprise involving gambling, liquor 

19 on which the Federal excise tax has not been paid, nar20 cotics or controlled substances (as defined in section 102(6) 

21 of the Controlled Substances Act), or prostitution offenses 

22 in violation of the laws of the State in which they are com23 mitted or of the United States; 

24 ‘‘(2) extortion, bribery, or arson in violation of the laws 

25 of the State in which committed or of the United States; 

26 or 

27 ‘‘(3) any act which is indictable under subchapter II of 

28 chapter 53 of title 31, or under section 1451 or 1452. 

29 ‘‘§ 503. Interstate transportation of wagering par30 aphernalia 

31 ‘‘(a) OFFENSE.—Whoever, except a common carrier in the 

32 usual course of its business, knowingly carries or sends in 

33 interstate or foreign commerce any device to be used— 

34 ‘‘(1) bookmaking; 

35 ‘‘(2) wagering pools with respect to a sporting event; or 

36 ‘‘(3) in a numbers, policy, bolita, or similar game; 

37 shall be imprisoned for not more than five years. 


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1 ‘‘(b) EXCLUSION.—This section does not apply to— 

2 ‘‘(1) parimutuel betting equipment, parimutuel tickets 

3 where legally acquired, or parimutuel materials used or de4 signed for use at racetracks or other sporting events in 

5 connection with which betting is legal under applicable 

6 State law; 

7 ‘‘(2) the transportation of betting materials to be used 

8 in the placing of bets or wagers on a sporting event into 

9 a State in which such betting is legal under the statutes 

10 of that State; 

11 ‘‘(3) the carriage or transportation in interstate or for12 eign commerce of any newspaper or similar publication; 

13 ‘‘(4) equipment, tickets, or materials used or designed 

14 for use within a State in a lottery conducted by that State 

15 acting under authority of State law; or 

16 ‘‘(5) the transportation in foreign commerce to a destina17 tion in a foreign country of equipment, tickets, or materials 

18 designed to be used within that foreign country in a lottery 

19 which is authorized by the laws of that foreign country. 

20 ‘‘(c) EFFECT ON STATE PROSECUTIONS.—Nothing in this 

21 section creates immunity from criminal prosecution under any 

22 laws of a. 

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

24 ‘‘(1) the term‘foreign country’ means any empire, coun25 try, dominion, colony, or protectorate, or any subdivision 

26 thereof (other than the United States, its territories or pos27 sessions); and 

28 ‘‘(2) the term ‘lottery’ means the pooling of proceeds de29 rived from the sale of tickets or chances and allotting those 

30 proceeds or parts thereof by chance to one or more chance 

31 takers or ticket purchasers, but does not include the plac32 ing or accepting of bets or wagers on sporting events or 

33 contests. 

34 ‘‘§ 504. Offer, acceptance, or solicitation to influ35 ence operations of employee benefit plan 

36 ‘‘(a) OFFENSE.—Whoever, being— 


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1 ‘‘(1) an administrator, officer, trustee, custodian, coun2 sel, agent, or employee of any employee welfare benefit plan 

3 or employee pension benefit plan; 

4 ‘‘(2) an officer, counsel, agent, or employee of an em5 ployer or an employer any of whose employees are covered 

6 by such plan; 

7 ‘‘(3) an officer, counsel, agent, or employee of an em8 ployee organization any of whose members are covered by 

9 such plan; or 

10 ‘‘(4) a person who, or an officer, counsel, agent, or em11 ployee of an organization which, provides benefit plan serv12 ices to such plan; 

13 receives or agrees to receive or solicits anything of value be14 cause of or with intent to be influenced with respect to, any 

15 of the actions, decisions, or other duties relating to any ques16 tion or matter concerning such plan or any person who directly 

17 or indirectly gives or offers, or promises to give or offer, any18 thing prohibited by this section shall be imprisoned not more 

19 than three years. 

20 ‘‘(b) EXCLUSION.—This section does not prohibit the pay21 ment to or acceptance by any person of bona fide salary, com22 pensation, or other payments made for goods or facilities actu23 ally furnished or for services actually performed in the regular 

24 course of his duties as such person, administrator, officer, 

25 trustee, custodian, counsel, agent, or employee of such plan, 

26 employer, employee organization, or organization providing ben27 efit plan services to such plan. 

28 ‘‘(c) DEFINITIONS.—As used in this section— 

29 ‘‘(1) the term ‘any employee welfare benefit plan’ or ‘em30 ployee pension benefit plan’ means any employee welfare 

31 benefit plan or employee pension benefit plan, respectively, 

32 subject to any provision of title I of the Employee Retire33 ment Income Security Act of 1974; and 

34 ‘‘(2) the term ‘employee organization’ and ‘adminis35 trator’ have the meanings given those terms, respectively, 

36 in sections 3(4) and (3)(16) of the Employee Retirement 

37 Income Security Act of 1974. 


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1 ‘‘§ 505. Prohibition of illegal gambling businesses 

2 ‘‘(a) OFFENSE.—Whoever conducts, finances, manages, su3 pervises, directs, or owns all or part of an illegal gambling busi4 ness shall be imprisoned not more than five years. 

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

6 ‘‘(1) the term ‘illegal gambling business’ means a gam7 bling business which— 

8 ‘‘(A) is a violation of the law of a State or political 

9 subdivision in which it is conducted; 

10 ‘‘(B) involves five or more persons who conduct, fi11 nance, manage, supervise, direct, or own all or part of 

12 such business; and 

13 ‘‘(C) has been or remains in substantially continuous 

14 operation for a period in excess of 30 days or has a 

15 gross revenue of $2,000 in any single day; 

16 ‘‘(2) the term ‘gambling’ includes pool-selling, book17 making, maintaining slot machines, roulette wheels or dice 

18 tables, and conducting lotteries, policy, bolita or numbers 

19 games, or selling chances therein. 

20 ‘‘(c) ESTABLISHMENT OF PROBABLE CAUSE.—If five or 

21 more persons conduct, finance, manage, supervise, direct, or 

22 own all or part of a gambling business and such business oper23 ates for two or more successive days, then, for the purpose of 

24 obtaining warrants for arrests, interceptions, and other 

25 searches and seizures, probable cause that the business receives 

26 gross revenue in excess of $2,000 in any single day shall be 

27 deemed to have been established. 

28 ‘‘(d) FORFEITURE.—Any property, including money, used in 

29 violation of the provisions of this section may be seized and for30 feited to the United States. All provisions of law relating to the 

31 seizures, summary, and judicial forfeiture procedures, and con32 demnation of vessels, vehicles, merchandise, and baggage for 

33 violation of the customs laws; the disposition of such vessels, 

34 vehicles, merchandise, and baggage or the proceeds from such 

35 sale; the remission or mitigation of such forfeitures; and the 

36 compromise of claims and the award of compensation to in37 formers in respect of such forfeitures shall apply to seizures 


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1 and forfeitures incurred or alleged to have been incurred under 

2 the provisions of this section, insofar as applicable and not in3 consistent with such provisions. Such duties as are imposed 

4 upon the collector of customs or any other person in respect 

5 to the seizure and forfeiture of vessels, vehicles, merchandise, 

6 and baggage under the customs laws shall be performed with 

7 respect to seizures and forfeitures of property used or intended 

8 for use in violation of this section by such officers, agents, or 

9 other persons as may be designated for that purpose by the At10 torney General. 

11 ‘‘(e) EXCLUSION.—This section does not apply to any bingo 

12 game, lottery, or similar game of chance conducted by an orga13 nization exempt from tax under paragraph (3) of subsection (c) 

14 of section 501 of the Internal Revenue Code of 1986, as 

15 amended, if no part of the gross receipts derived from such ac16 tivity inures to the benefits of any private shareholder, member, 

17 or employee of such organization except as compensation for 

18 actual expenses incurred by him in the conduct of such activity. 

19 ‘‘§ 506. Use of interstate commerce facilities in the 

20 commission of murder-for-hire 

21 ‘‘(a) OFFENSE.—Whoever travels in or causes another (in22 cluding the intended victim) to travel in interstate or foreign 

23 commerce, or uses or causes another (including the intended 

24 victim) to use the mail or any facility of interstate or foreign 

25 commerce, with intent that a murder be committed in violation 

26 of the laws of any State or the United States as consideration 

27 for the receipt of, or as consideration for a promise or agree28 ment to pay, anything of pecuniary value shall be imprisoned 

29 for not more than ten years; and if personal injury results, 

30 shall be imprisoned for not more than twenty years; and if 

31 death results, shall be punished by death or life imprisonment. 

32 ‘‘(b) DEFINITION.—As used in this section and section 

33 507— 

34 ‘‘(1) the term ‘anything of pecuniary value’ means any35 thing of value in the form of money, a negotiable instru36 ment, a commercial interest, or anything else the primary 

37 significance of which is economic advantage; and 


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1 ‘‘(2) the term ‘facility of interstate or foreign commerce’ 

2 includes means of transportation and communication. 

3 ‘‘§ 507. Violent crimes in aid of racketeering activ4 ity 

5 ‘‘(a) OFFENSE.—Whoever, as consideration for the receipt 

6 of, or as consideration for a promise or agreement to pay, any7 thing of pecuniary value from an enterprise engaged in racket8 eering activity, or for the purpose of gaining entrance to or 

9 maintaining or increasing position in an enterprise engaged in 

10 racketeering activity, murders, kidnaps, maims, assaults with a 

11 dangerous weapon, commits assault resulting in serious bodily 

12 injury upon, or threatens to commit a crime of violence against 

13 any individual in violation of the laws of any State or the 

14 United States shall be punished— 

15 ‘‘(1) for murder, by death or life imprisonment; and for 

16 kidnapping, by imprisonment for any term of years or for 

17 life; 

18 ‘‘(2) for maiming, by imprisonment for not more than 

19 thirty years; 

20 ‘‘(3) for assault with a dangerous weapon or assault re21 sulting in serious bodily injury, by imprisonment for not 

22 more than twenty years; 

23 ‘‘(4) for threatening to commit a crime of violence, by 

24 imprisonment for not more than five years; 

25 ‘‘(5) for attempting or conspiring to commit murder or 

26 kidnapping, by imprisonment for not more than ten years; 

27 and 

28 ‘‘(6) for attempting or conspiring to commit a crime in29 volving maiming, assault with a dangerous weapon, or as30 sault resulting in serious bodily injury, by imprisonment for 

31 not more than three years. 

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

33 ‘‘(1) the term ‘racketeering activity’ has the meaning set 

34 forth in section 511; and 

35 ‘‘(2) the term ‘enterprise’ includes any partnership, cor36 poration, association, or other legal entity, and any union 

37 or group of individuals associated in fact although not a 


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1 legal entity, which is engaged in, or the activities of which 

2 affect, interstate or foreign commerce. 

3 ‘‘§ 508. Prohibition of unlicensed money transmit4 ting businesses 

5 ‘‘(a) OFFENSE.—Whoever knowingly conducts, controls, 

6 manages, supervises, directs, or owns all or part of an unli7 censed money transmitting business, shall be imprisoned not 

8 more than 5 years. 

9 ‘‘(b) DEFINITION.—As used in this section— 

10 ‘‘(1) the term ‘unlicensed money transmitting business’ 

11 means a money transmitting business which affects inter12 state or foreign commerce in any manner or degree and— 

13 ‘‘(A) is operated without an appropriate money 

14 transmitting license in a State where such operation is 

15 punishable as a misdemeanor or a felony under State 

16 law, whether or not the defendant knew that the oper17 ation was required to be licensed or that the operation 

18 was so punishable; 

19 ‘‘(B) fails to comply with the money transmitting 

20 business registration requirements under section 5330 

21 of title 31, or regulations prescribed under such sec22 tion; or 

23 ‘‘(C) otherwise involves the transportation or trans24 mission of funds that are known to the defendant to 

25 have been derived from a criminal offense or are in26 tended to be used to promote or support unlawful activ27 ity; and 

28 ‘‘(2) the term ‘money transmitting’ includes transferring 

29 funds on behalf of the public by any and all means includ30 ing but not limited to transfers within this country or to 

31 locations abroad by wire, check, draft, facsimile, or courier. 

32 ‘‘SUBCHAPTER B—RACKETEER INFLUENCED AND 

33 CORRUPT ORGANIZATIONS 

‘‘Sec. 

‘‘511. Definitions. 

‘‘512. Prohibited activities. 

‘‘513. Criminal penalties. 

‘‘514. Civil remedies. 


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‘‘515. Venue and process. 

‘‘516. Expedition of actions. 

‘‘517. Evidence. 

‘‘518. Civil investigative demand. 

1 ‘‘§ 511. Definitions 

2 ‘‘As used in this subchapter— 

3 ‘‘(1) the term ‘racketeering activity’ means— 

4 ‘‘(A) any act or threat involving murder, kidnapping, 

5 gambling, arson, robbery, bribery, extortion, dealing in 

6 obscene matter, or dealing in a controlled substance or 

7 listed chemical (as defined in section 102 of the Con8 trolled Substances Act), which is chargeable under 

9 State law and punishable by imprisonment for more 

10 than one year; 

11 ‘‘(B) any act which is indictable under any of the fol12 lowing provisions of this title: Section 991 (relating to 

13 bribery), section 1007 (relating to sports bribery), sec14 tions 692, 693, and 694 (relating to counterfeiting), 

15 section 647 (relating to theft from interstate shipment) 

16 if the act indictable under section 647 is felonious, sec17 tion 651 (relating to embezzlement from pension and 

18 welfare funds), sections 155, 156, 157, 159 (relating to 

19 extortionate credit transactions), section 783 (relating 

20 to fraud and related activity in connection with identi21 fication documents), section 784 (relating to fraud and 

22 related activity in connection with access devices), sec23 tion 1381 (relating to the transmission of gambling in24 formation), section 801 (relating to mail fraud), section 

25 803 (relating to wire fraud), section 804 (relating to fi26 nancial institution fraud), section 325 (relating to the 

27 procurement of citizenship or nationalization unlaw28 fully), section 316 (relating to the sale of naturalization 

29 or citizenship papers), 318 (relating to bringing in or 

30 harboring certain aliens), 321 (relating to aiding or as31 sisting certain aliens to enter the United States), (if 

32 the violation of section 318 or 321 was committed for 

33 financial gain) sections 1441–1443 (relating to obscene 

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1 tice), section 1135 (relating to obstruction of criminal 

2 investigations), section 1137 (relating to the obstruc3 tion of State or local law enforcement), section 1138 

4 (relating to tampering with a witness, victim, or an in5 formant), section 1139 (relating to retaliating against 

6 a witness, victim, or an informant), section 311 (relat7 ing to false statement in application and use of pass8 port), section 312 (relating to forgery or false use of 

9 passport), section 313 (relating to misuse of passport), 

10 section 314 (relating to fraud and misuse of visas, per11 mits, and other documents), sections 1261–1266 (relat12 ing to peonage, slavery, and trafficking in persons), 

13 section 501 (relating to interference with commerce, 

14 robbery, or extortion), section 502 (relating to racket15 eering), section 503 (relating to interstate transpor16 tation of wagering paraphernalia), section 504 (relating 

17 to unlawful welfare fund payments), section 505 (relat18 ing to the prohibition of illegal gambling businesses), 

19 section 1451 (relating to the laundering of monetary 

20 instruments), section 1452 (relating to engaging in 

21 monetary transactions in property derived from speci22 fied unlawful activity), section 506 (relating to use of 

23 interstate commerce facilities in the commission of 

24 murder-for-hire), section 508 (relating to prohibition of 

25 unlicensed money transmitting businesses), sections 

26 221, 222, and 223 (relating to sexual exploitation of 

27 children), sections 671 and 672 (relating to interstate 

28 transportation of stolen motor vehicles), sections 674 

29 and 675 (relating to interstate transportation of stolen 

30 property), section 676 (relating to trafficking in coun31 terfeit labels for phonorecords, computer programs or 

32 computer program documentation or packaging and 

33 copies of motion pictures or other audiovisual works), 

34 section 678 (relating to criminal infringement of a 

35 copyright), section 679 (relating to unauthorized fixa36 tion of and trafficking in sound recordings and music 

37 videos of live musical performances), section 680 (relatVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00158 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 ing to trafficking in goods or services bearing counter2 feit marks), section 682 (relating to trafficking in cer3 tain motor vehicles or motor vehicle parts), sections 

4 1411–1415 (relating to trafficking in contraband ciga5 rettes), sections 211–214 (relating to white slave traf6 fic), sections 621–627 (relating to biological weapons), 

7 sections 363 (relating to chemical weapons), section 

8 601 (relating to nuclear materials); 

9 ‘‘(C) any act which is indictable under section 302 

10 of the Labor Management Relations Act, 1947, section 

11 186 (dealing with restrictions on payments and loans 

12 to labor organizations) or section 501(c) (relating to 

13 embezzlement from union funds); 

14 ‘‘(D) any offense involving fraud connected with a 

15 case under title 11 (except a case under section 875 of 

16 this title), fraud in the sale of securities, or the felo17 nious manufacture, importation, receiving, concealment, 

18 buying, selling, or otherwise dealing in a controlled sub19 stance or listed chemical (as defined in section 102 of 

20 the Controlled Substances Act), punishable under any 

21 law of the United States; 

22 ‘‘(E) any act which is indictable under the Currency 

23 and Foreign Transactions Reporting Act; 

24 ‘‘(F) any act which is indictable under section 278 

25 of the Immigration and Nationality Act, if the act in26 dictable under such section of such Act was committed 

27 for the purpose of financial gain; or 

28 ‘‘(G) any act that is indictable under any provision 

29 listed in section 274(g)(5)(B); 

30 ‘‘(2) the term ‘person’ includes any individual or entity 

31 capable of holding a legal or beneficial interest in property; 

32 ‘‘(3) the term ‘enterprise’ includes any individual, part33 nership, corporation, association, or other legal entity, and 

34 any union or group of individuals associated in fact al35 though not a legal entity; 

36 ‘‘(4) the term ‘pattern of racketeering activity’ requires 

37 at least two acts of racketeering activity, one of which ocVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00159 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 curred after October 15, 1970 and the last of which oc2 curred within ten years (excluding any period of imprison3 ment) after the commission of a prior act of racketeering 

4 activity; 

5 ‘‘(5) the term ‘unlawful debt’ means a debt— 

6 ‘‘(A) incurred or contracted in gambling activity 

7 which was in violation of the law of the United States, 

8 a State or political subdivision thereof, or which is un9 enforceable under State or Federal law in whole or in 

10 part as to principal or interest because of the laws re11 lating to usury; and 

12 ‘‘(B) which was incurred in connection with the busi13 ness of gambling in violation of the law of the United 

14 States, a State or political subdivision thereof, or the 

15 business of lending money or a thing of value at a rate 

16 usurious under State or Federal law, where the usu17 rious rate is at least twice the enforceable rate; 

18 ‘‘(6) the term ‘racketeering investigator’ means any at19 torney or investigator so designated by the Attorney Gen20 eral and charged with the duty of enforcing or carrying 

21 into effect this chapter; 

22 ‘‘(7) the term ‘racketeering investigation’ means any in23 quiry conducted by any racketeering investigator for the 

24 purpose of ascertaining whether any person has been in25 volved in any violation of this subchapter or of any final 

26 order, judgment, or decree of any court of the United 

27 States, duly entered in any case or proceeding arising 

28 under this subchapter; 

29 ‘‘(8) the term ‘documentary material’ includes any book, 

30 paper, document, record, recording, or other material; and 

31 ‘‘(9) the term ‘Attorney General’ includes the Attorney 

32 General of the United States, the Deputy Attorney General 

33 of the United States, the Associate Attorney General of the 

34 United States, any Assistant Attorney General of the 

35 United States, or any employee of the Department of Jus36 tice or any employee of any department or agency of the 

37 United States so designated by the Attorney General to 


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1 carry out the powers conferred on the Attorney General by 

2 this chapter, and any department or agency so designated 

3 may use in investigations authorized by this subchapter ei4 ther the investigative provisions of this subchapter or the 

5 investigative power of such department or agency otherwise 

6 conferred by law. 

7 ‘‘§ 512. Prohibited activities 

8 ‘‘(a) USING OR INVESTING PROCEEDS.—It shall be unlawful 

9 for any person who has received any income derived, directly 

10 or indirectly, from a pattern of racketeering activity or through 

11 collection of an unlawful debt in which such person has partici12 pated as a principal within the meaning of section 2, this title 

13 title, to use or invest, directly or indirectly, any part of such 

14 income, or the proceeds of such income, in acquisition of any 

15 interest in, or the establishment or operation of, any enterprise 

16 which is engaged in, or the activities of which affect, interstate 

17 or foreign commerce. A purchase of securities on the open mar18 ket for purposes of investment, and without the intention of 

19 controlling or participating in the control of the issuer, or of 

20 assisting another to do so, shall not be unlawful under this sub21 section if the securities of the issuer held by the purchaser, the 

22 members of his immediate family, and his or their accomplices 

23 in any pattern or racketeering activity or the collection of an 

24 unlawful debt after such purchase do not amount in the aggre25 gate to one percent of the outstanding securities of any one 

26 class, and do not confer, either in law or in fact, the power to 

27 elect one or more directors of the issuer. 

28 ‘‘(b) MAINTAINING INTEREST OR CONTROL.—It shall be un29 lawful for any person through a pattern of racketeering activity 

30 or through collection of an unlawful debt to acquire or main31 tain, directly or indirectly, any interest in or control of any en32 terprise which is engaged in, or the activities of which affect, 

33 interstate or foreign commerce. 

34 ‘‘(c) CONDUCTING AFFAIRS.—It shall be unlawful for any 

35 person employed by or associated with any enterprise engaged 

36 in, or the activities of which affect, interstate or foreign com37 merce, to conduct or participate, directly or indirectly, in the 


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1 conduct of such enterprise’s affairs through a pattern of rack2 eteering activity or collection of unlawful debt. 

3 ‘‘§ 513. Criminal penalties 

4 ‘‘Whoever violates section 512 shall be imprisoned not more 

5 than 20 years (or for life if the violation is based on a racket6 eering activity for which the maximum penalty includes life im7 prisonment). 

8 ‘‘§ 514. Civil remedies 

9 ‘‘(a) PREVENTION AND RESTRAINT OF VIOLATIONS.—The 

10 district courts of the United States shall have jurisdiction to 

11 prevent and restrain violations of section 512 by issuing appro12 priate orders, including— 

13 ‘‘(1) ordering any person to divest any interest in any 

14 enterprise; and 

15 ‘‘(2) imposing reasonable restrictions on the future ac16 tivities or investments of any person, including— 

17 ‘‘(A) prohibiting that person from engaging in the 

18 same type of endeavor as the enterprise engaged in, the 

19 activities of which affect interstate or foreign com20 merce; or 

21 ‘‘(B) ordering dissolution or reorganization of any 

22 enterprise, making due provision for the rights of inno23 cent persons. 

24 ‘‘(b) PRELIMINARY MATTERS.—The Attorney General may 

25 institute proceedings under this section. Pending final deter26 mination thereof, the court may at any time enter such re27 straining orders or prohibitions, or take such other actions, in28 cluding the acceptance of satisfactory performance bonds, as it 

29 shall deem proper. 

30 ‘‘(c) PRIVATE RIGHT OF ACTION.—Any person injured in his 

31 business or property by reason of a violation of section 512 

32 may sue therefor in any appropriate United States district 

33 court and shall recover threefold the damages he sustains and 

34 the cost of the suit, including a reasonable attorney’s fee, ex35 cept that no person may rely upon any conduct that would have 

36 been actionable as fraud in the purchase or sale of securities 

37 to establish a violation of section 512. The exception contained 


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1 in the preceding sentence does not apply to an action against 

2 any person that is criminally convicted in connection with the 

3 fraud, in which case the statute of limitations shall start to run 

4 on the date on which the conviction becomes final. 

5 ‘‘(d) ESTOPPEL.—A final judgment or decree rendered in 

6 favor of the United States in any criminal proceeding brought 

7 by the United States under this chapter shall estop the defend8 ant from denying the essential allegations of the criminal of9 fense in any subsequent civil proceeding brought by the United 

10 States. 

11 ‘‘§ 515. Venue and process 

12 ‘‘(a) VENUE.—Any civil action or proceeding under this sub13 chapter may be instituted in the district court of the United 

14 States for any district in which such person resides, is found, 

15 has an agent, or transacts his affairs. 

16 ‘‘(b) SUMMONS.—In any action under section 514 in any dis17 trict court of the United States in which it is shown that the 

18 ends of justice require that other parties residing in any other 

19 district be brought before the court, the court may cause such 

20 parties to be summoned, and process for that purpose may be 

21 served in any judicial district of the United States by the mar22 shal thereof. 

23 ‘‘(c) SUBPOENAS.—In any civil or criminal action or pro24 ceeding instituted by the United States under this subchapter 

25 in the district court of the United States for any judicial dis26 trict, subpoenas issued by such court to compel the attendance 

27 of witnesses may be served in any other judicial district, except 

28 that in any civil action or proceeding no such subpena shall be 

29 issued for service upon any individual who resides in another 

30 district at a place more than one hundred miles from the place 

31 at which such court is held without approval given by a judge 

32 of such court upon a showing of good cause. 

33 ‘‘(d) OTHER PROCESS.—All other process in any action or 

34 proceeding under this subchapter may be served on any person 

35 in any judicial district in which such person resides, is found, 

36 has an agent, or transacts affairs. 


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1 ‘‘§ 516. Expedition of actions 

2 ‘‘In any civil action instituted under this subchapter by the 

3 United States in any district court of the United States, the 

4 Attorney General may file with the clerk of such court a certifi5 cate stating that in the Attorney General’s opinion the case is 

6 of general public importance. A copy of that certificate shall be 

7 furnished immediately by such clerk to the chief judge or, in 

8 the absence of the chief judge, to the presiding district judge 

9 of the district in which such action is pending. Upon receipt 

10 of such copy, such judge shall designate immediately a judge 

11 of that district to hear and determine the action. 

12 ‘‘§ 517. Evidence 

13 ‘‘In any proceeding ancillary to or in any civil action insti14 tuted by the United States under this subchapter the pro15 ceedings may be open or closed to the public at the discretion 

16 of the court after consideration of the rights of affected per17 sons. 

18 ‘‘§ 518. Civil investigative demand 

19 ‘‘(a) ISSUANCE.—If the Attorney General has reason to be20 lieve that any person or enterprise may be in possession, cus21 tody, or control of any documentary materials relevant to a 

22 racketeering investigation, the Attorney General may, before 

23 the institution of a civil or criminal proceeding thereon, issue 

24 in writing, and cause to be served upon such person, a civil in25 vestigative demand requiring such person to produce such ma26 terial for examination. 

27 ‘‘(b) CONTENTS.—Each such demand shall— 

28 ‘‘(1) state the nature of the conduct constituting the al29 leged racketeering violation which is under investigation 

30 and the provision of law applicable thereto; 

31 ‘‘(2) describe the class or classes of documentary mate32 rial produced thereunder with such definiteness and cer33 tainty as to permit such material to be fairly identified; 

34 ‘‘(3) state that the demand is returnable forthwith or 

35 prescribe a return date which will provide a reasonable pe36 riod of time within which the material so demanded may 


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1 be assembled and made available for inspection and copying 

2 or reproduction; and 

3 ‘‘(4) identify the custodian to whom such material shall 

4 be made available. 

5 ‘‘(c) LIMITATION.—No such demand shall— 

6 ‘‘(1) contain any requirement which would be held to be 

7 unreasonable if contained in a subpena duces tecum issued 

8 by a court of the United States in aid of a grand jury in9 vestigation of such alleged racketeering violation; or 

10 ‘‘(2) require the production of any documentary evidence 

11 which would be privileged from disclosure if demanded by 

12 a subpena duces tecum issued by a court of the United 

13 States in aid of a grand jury investigation of such alleged 

14 racketeering violation. 

15 ‘‘(d) SERVICE.—Service of any such demand or any petition 

16 filed under this section may be made upon a person by— 

17 ‘‘(1) delivering a duly executed copy thereof to any part18 ner, executive officer, managing agent, or general agent 

19 thereof, or to any agent thereof authorized by appointment 

20 or by law to receive service of process on behalf of such 

21 person, or upon any individual person; 

22 ‘‘(2) delivering a duly executed copy thereof to the prin23 cipal office or place of business of the person to be served; 

24 or 

25 ‘‘(3) depositing such copy in the United States mail, by 

26 registered or certified mail duly addressed to such person 

27 at its principal office or place of business. 

28 ‘‘(e) RETURN.—A verified return by the individual serving 

29 any such demand or petition setting forth the manner of such 

30 service shall be prima facie proof of such service. In the case 

31 of service by registered or certified mail, such return shall be 

32 accompanied by the return post office receipt of delivery of 

33 such demand. 

34 ‘‘(f) DOCUMENT CUSTODIAN.— 

35 ‘‘(1) The Attorney General shall designate a racketeering 

36 investigator to serve as racketeer document custodian, and 

37 such additional racketeering investigators as the Attorney 


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1 General shall determine from time to time to be necessary 

2 to serve as deputies to such officer. 

3 ‘‘(2) Any person upon whom any demand issued under 

4 this section has been duly served shall make such material 

5 available for inspection and copying or reproduction to the 

6 custodian designated therein at the principal place of busi7 ness of such person, or at such other place as such custo8 dian and such person thereafter may agree and prescribe 

9 in writing or as the court may direct, pursuant to this sec10 tion on the return date specified in such demand, or on 

11 such later date as such custodian may prescribe in writing. 

12 Such person may upon written agreement between such 

13 person and the custodian substitute for copies of all or any 

14 part of such material originals thereof. 

15 ‘‘(3) The custodian to whom any documentary material 

16 is so delivered shall take physical possession thereof, and 

17 shall be responsible for the use made thereof and for the 

18 return thereof pursuant to this chapter. The custodian may 

19 cause the preparation of such copies of such documentary 

20 material as may be required for official use under regula21 tions which shall be promulgated by the Attorney General. 

22 While in the possession of the custodian, no material so 

23 produced shall be available for examination, without the 

24 consent of the person who produced such material, by any 

25 individual other than the Attorney General. Under such 

26 reasonable terms and conditions as the Attorney General 

27 shall prescribe, documentary material while in the posses28 sion of the custodian shall be available for examination by 

29 the person who produced such material or any duly author30 ized representatives of such person. 

31 ‘‘(4) Whenever any attorney has been designated to ap32 pear on behalf of the United States before any court or 

33 grand jury in any case or proceeding involving any alleged 

34 violation of this chapter, the custodian may deliver to such 

35 attorney such documentary material in the possession of 

36 the custodian as such attorney determines to be required 

37 for use in the presentation of such case or proceeding on 


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1 behalf of the United States. Upon the conclusion of any 

2 such case or proceeding, such attorney shall return to the 

3 custodian any documentary material so withdrawn which 

4 has not passed into the control of such court or grand jury 

5 through the introduction thereof into the record of such 

6 case or proceeding. 

7 ‘‘(5) Upon the completion of— 

8 ‘‘(A) the racketeering investigation for which any 

9 documentary material was produced under this sub10 chapter, and 

11 ‘‘(B) any case or proceeding arising from such inves12 tigation, 

13 the custodian shall return to the person who produced such 

14 material all such material other than copies thereof made 

15 by the Attorney General pursuant to this subsection which 

16 has not passed into the control of any court or grand jury 

17 through the introduction thereof into the record of such 

18 case or proceeding. 

19 ‘‘(6) When any documentary material has been produced 

20 by any person under this section for use in any racket21 eering investigation, and no such case or proceeding arising 

22 therefrom has been instituted within a reasonable time 

23 after completion of the examination and analysis of all evi24 dence assembled in the course of such investigation, such 

25 person shall be entitled, upon written demand made upon 

26 the Attorney General, to the return of all documentary ma27 terial other than copies thereof made pursuant to this sub28 section so produced by such person. 

29 ‘‘(7) In the event of the death, disability, or separation 

30 from service of the custodian of any documentary material 

31 produced under any demand issued under this section or 

32 the official relief of such custodian from responsibility for 

33 the custody and control of such material, the Attorney Gen34 eral shall promptly— 

35 ‘‘(A) designate another racketeering investigator to 

36 serve as custodian thereof, and 


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1 ‘‘(B) transmit notice in writing to the person who 

2 produced such material as to the identity and address 

3 of the successor so designated. 

4 Any successor so designated shall have with regard to such 

5 materials all duties and responsibilities imposed by this sec6 tion upon the predecessor custodian with regard thereto, 

7 except that he shall not be held responsible for any default 

8 or dereliction which occurred before the successor’s des9 ignation as custodian. 

10 ‘‘(g) ENFORCEMENT PETITION.—Whenever any person fails 

11 to comply with any civil investigative demand duly served upon 

12 him under this section or whenever satisfactory copying or re13 production of any such material cannot be done and such per14 son refuses to surrender such material, the Attorney General 

15 may file, in the district court of the United States for any judi16 cial district in which such person resides, is found, or transacts 

17 business, and serve upon such person a petition for an order 

18 of such court for the enforcement of this section, except that 

19 if such person transacts business in more than one such district 

20 such petition shall be filed in the district in which such person 

21 maintains his principal place of business, or in such other dis22 trict in which such person transacts business as may be agreed 

23 upon by the parties to such petition. 

24 ‘‘(h) MODIFICATION OR SETTING ASIDE.—Within 20 days 

25 after the service of any such demand upon any person, or at 

26 any time before the return date specified in the demand, which27 ever period is shorter, such person may file, in the district 

28 court of the United States for the judicial district within which 

29 such person resides, is found, or transacts business, and serve 

30 upon such custodian a petition for an order of such court modi31 fying or setting aside such demand. The time allowed for com32 pliance with the demand in whole or in part as deemed proper 

33 and ordered by the court shall not run during the pendency of 

34 such petition in the court. Such petition shall specify each 

35 ground upon which the petitioner relies in seeking such relief, 

36 and may be based upon any failure of such demand to comply 


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1 with the provisions of this section or upon any constitutional 

2 or other legal right or privilege of such person. 

3 ‘‘(i) ORDERING CUSTODIAN TO PERFORM DUTY.—At any 

4 time during which any custodian is in custody or control of any 

5 documentary material delivered by any person in compliance 

6 with any such demand, such person may file, in the district 

7 court of the United States for the judicial district within which 

8 the office of such custodian is situated, and serve upon such 

9 custodian a petition for an order of such court requiring the 

10 performance by such custodian of any duty imposed upon him 

11 by this section. 

12 ‘‘(j) JURISDICTION.—Whenever any petition is filed in any 

13 district court of the United States under this section, such 

14 court shall have jurisdiction to hear and determine the matter 

15 so presented, and to enter such order or orders as may be re16 quired to carry into effect the provisions of this section. 

17 ‘‘SUBCHAPTER C—CRIMINAL STREET GANGS 

‘‘Sec. 

‘‘521. Criminal street gangs. 

18 ‘‘§ 521. Criminal street gangs 

19 ‘‘(a) DEFINITIONS.—In this section— 

20 ‘‘(1) the term ‘conviction’ includes a finding, under State 

21 or Federal law, that a person has committed an act of juve22 nile delinquency involving a violent or controlled substances 

23 felony; and 

24 ‘‘(2) the term ‘criminal street gang’ means an ongoing 

25 group, club, organization, or association of 5 or more per26 sons— 

27 ‘‘(A) that has as 1 of its primary purposes the com28 mission of 1 or more of the criminal offenses described 

29 in subsection (c); 

30 ‘‘(B) the members of which engage, or have engaged 

31 within the past 5 years, in a continuing series of of32 fenses described in subsection (c); and 

33 ‘‘(C) the activities of which affect interstate or for34 eign commerce. 


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1 ‘‘(b) PENALTY.—The sentence of a person convicted of an 

2 offense described in subsection (c) shall be increased by not 

3 more than 10 years if the offense is committed under the cir4 cumstances described in subsection (d). 

5 ‘‘(c) OFFENSES.—The offenses described in this section 

6 are— 

7 ‘‘(1) a Federal felony involving a controlled substance (as 

8 defined in section 102 of the Controlled Substances Act (21 

9 U.S.C. 802)) for which the maximum penalty is not less 

10 than 5 years; 

11 ‘‘(2) a Federal felony crime of violence that has as an 

12 element the use or attempted use of physical force against 

13 the person of another; and 

14 ‘‘(3) a conspiracy to commit an offense described in 

15 paragraph (1) or (2). 

16 ‘‘(d) CIRCUMSTANCES.—The circumstances described in this 

17 section are that the offense described in subsection (c) was 

18 committed by a person who— 

19 ‘‘(1) participates in a criminal street gang with knowl20 edge that its members engage in or have engaged in a con21 tinuing series of offenses described in subsection (c); 

22 ‘‘(2) intends to promote or further the felonious activities 

23 of the criminal street gang or maintain or increase his or 

24 her position in the gang; and 

25 ‘‘(3) has been convicted within the past 5 years for— 

26 ‘‘(A) an offense described in subsection (c); 

27 ‘‘(B) a State offense— 

28 ‘‘(i) involving a controlled substance (as defined 

29 in section 102 of the Controlled Substances Act (21 

30 U.S.C. 802)) for which the maximum penalty is not 

31 less than 5 years’ imprisonment; or 

32 ‘‘(ii) that is a felony crime of violence that has 

33 as an element the use or attempted use of physical 

34 force against the person of another; 

35 ‘‘(C) any Federal or State felony offense that by its 

36 nature involves a substantial risk that physical force 


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1 against the person of another may be used in the 

2 course of committing the offense; or 

3 ‘‘(D) a conspiracy to commit an offense described in 

4 subparagraph (A), (B), or (C). 

5 ‘‘CHAPTER 21—ARSON, FIREARMS, 

6 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 

7 ‘‘SUBCHAPTER A—ARSON 

‘‘Sec. 

‘‘571. Arson within special maritime and territorial jurisdiction. 

8 ‘‘§ 571. Arson within special maritime and terri9 torial jurisdiction 

10 ‘‘Whoever, within the special maritime and territorial juris11 diction of the United States, willfully and maliciously sets fire 

12 to or burns any building, structure or vessel, any machinery or 

13 building materials or supplies, military or naval stores, muni14 tions of war, or any structural aids or appliances for navigation 

15 or shipping shall be imprisoned for not more than 25 years. If 

16 the building is a dwelling or if the life of any person is placed 

17 in jeopardy, the offender shall be imprisoned for any term of 

18 years or for life. 

19 ‘‘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. 


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‘‘594. Prohibition on purchase, ownership, or possession of body armor by 

violent felons. 

1 ‘‘§ 581. Definitions 

2 ‘‘For the purposes of this subchapter— 

3 ‘‘(1) The term ‘firearm’ means (A) any weapon (includ4 ing a starter gun) which will or is designed to or may read5 ily be converted to expel a projectile by the action of an ex6 plosive; (B) the frame or receiver of any such weapon; (C) 

7 any firearm muffler or firearm silencer; or (D) any destruc8 tive device. Such term does not include an antique firearm. 

9 ‘‘(2) The term ‘destructive device’ means— 

10 ‘‘(A) any explosive, incendiary, or poison gas— 

11 ‘‘(i) bomb, 

12 ‘‘(ii) grenade, 

13 ‘‘(iii) rocket having a propellant charge of more 

14 than four ounces, 

15 ‘‘(iv) missile having an explosive or incendiary 

16 charge of more than one-quarter ounce, 

17 ‘‘(v) mine, or 

18 ‘‘(vi) device similar to any of the devices de19 scribed in the preceding clauses; 

20 ‘‘(B) any type of weapon (other than a shotgun or 

21 a shotgun shell which the Attorney General finds is 

22 generally recognized as particularly suitable for sport23 ing purposes) by whatever name known which will, or 

24 which may be readily converted to, expel a projectile by 

25 the action of an explosive or other propellant, and 

26 which has any barrel with a bore of more than one-half 

27 inch in diameter; and 

28 ‘‘(C) any combination of parts either designed or in29 tended for use in converting any device into any de30 structive device described in subparagraph (A) or (B) 

31 and from which a destructive device may be readily as32 sembled. 

33 Such term does not include any device which is neither de34 signed nor redesigned for use as a weapon; any device, al35 though originally designed for use as a weapon, which is reVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00172 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 designed for use as a signaling, pyrotechnic, line throwing, 

2 safety, or similar device; surplus ordnance sold, loaned, or 

3 given by the Secretary of the Army pursuant to the provi4 sions of section 4684(2), 4685, or 4686 of title 10; or any 

5 other device which the Attorney General finds is not likely 

6 to be used as a weapon, is an antique, or is a rifle which 

7 the owner intends to use solely for sporting, recreational or 

8 cultural purposes. 

9 ‘‘(3) The term ‘shotgun’ means a weapon designed or re10 designed, made or remade, and intended to be fired from 

11 the shoulder and designed or redesigned and made or re12 made to use the energy of an explosive to fire through a 

13 smooth bore either a number of ball shot or a single projec14 tile for each single pull of the trigger. 

15 ‘‘(4) The term ‘short-barreled shotgun’ means a shotgun 

16 having one or more barrels less than eighteen inches in 

17 length and any weapon made from a shotgun (whether by 

18 alteration, modification or otherwise) if such a weapon as 

19 modified has an overall length of less than twenty-six 

20 inches. 

21 ‘‘(5) The term ‘rifle’ means a weapon designed or rede22 signed, made or remade, and intended to be fired from the 

23 shoulder and designed or redesigned and made or remade 

24 to use the energy of an explosive to fire only a single pro25 jectile through a rifled bore for each single pull of the trig26 ger. 

27 ‘‘(6) The term ‘short-barreled rifle’ means a rifle having 

28 one or more barrels less than sixteen inches in length and 

29 any weapon made from a rifle (whether by alteration, modi30 fication, or otherwise) if such weapon, as modified, has an 

31 overall length of less than twenty-six inches. 

32 ‘‘(7) The term ‘importer’ means any person engaged in 

33 the business of importing or bringing firearms or ammuni34 tion into the United States for purposes of sale or distribu35 tion; and the term ‘licensed importer’ means any such per36 son licensed under the provisions of this chapter. 


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1 ‘‘(8) The term ‘manufacturer’ means any person engaged 

2 in the business of manufacturing firearms or ammunition 

3 for purposes of sale or distribution; and the term ‘licensed 

4 manufacturer’ means any such person licensed under the 

5 provisions of this chapter. 

6 ‘‘(9) The term ‘dealer’ means (A) any person engaged in 

7 the business of selling firearms at wholesale or retail, (B) 

8 any person engaged in the business of repairing firearms 

9 or of making or fitting special barrels, stocks, or trigger 

10 mechanisms to firearms, or (C) any person who is a pawn11 broker. The term ‘licensed dealer’ means any dealer who is 

12 licensed under the provisions of this chapter. 

13 ‘‘(10) The term ‘pawnbroker’ means any person whose 

14 business or occupation includes the taking or receiving, by 

15 way of pledge or pawn, of any firearm as security for the 

16 payment or repayment of money. 

17 ‘‘(11) The term ‘collector’ means any person who ac18 quires, holds, or disposes of firearms as curios or relics, as 

19 the Attorney General shall by regulation define, and the 

20 term ‘licensed collector’ means any such person licensed 

21 under the provisions of this chapter. 

22 ‘‘(12) The term ‘indictment’ includes an indictment or 

23 information in any court under which a crime punishable 

24 by imprisonment for a term exceeding one year may be 

25 prosecuted. 

26 ‘‘(13) The term ‘fugitive from justice’ means any person 

27 who has fled from any State to avoid prosecution for a 

28 crime or to avoid giving testimony in any criminal pro29 ceeding. 

30 ‘‘(14) The term ‘antique firearm’ means— 

31 ‘‘(A) any firearm (including any firearm with a 

32 matchlock, flintlock, percussion cap, or similar type of 

33 ignition system) manufactured in or before 1898; or 

34 ‘‘(B) any replica of any firearm described in sub35 paragraph (A) if such replica— 

36 ‘‘(i) is not designed or redesigned for using rim37 fire or conventional centerfire fixed ammunition; or 


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1 ‘‘(ii) uses rimfire or conventional centerfire fixed 

2 ammunition which is no longer manufactured in 

3 the United States and which is not readily available 

4 in the ordinary channels of commercial trade; or 

5 ‘‘(C) any muzzle loading rifle, muzzle loading shot6 gun, or muzzle loading pistol, which is designed to use 

7 black powder, or a black powder substitute, and which 

8 cannot use fixed ammunition. For purposes of this sub9 paragraph, the term ‘antique firearm’ shall not include 

10 any weapon which incorporates a firearm frame or re11 ceiver, any firearm which is converted into a muzzle 

12 loading weapon, or any muzzle loading weapon which 

13 can be readily converted to fire fixed ammunition by re14 placing the barrel, bolt, breechblock, or any combina15 tion thereof. 

16 ‘‘(15)(A) The term ‘ammunition’ means ammunition or 

17 cartridge cases, primers, bullets, or propellent powder de18 signed for use in any firearm. 

19 ‘‘(B) The term ‘armor piercing ammunition’ means— 

20 ‘‘(i) a projectile or projectile core which may be used 

21 in a handgun and which is constructed entirely (exclud22 ing the presence of traces of other substances) from 

23 one or a combination of tungsten alloys, steel, iron, 

24 brass, bronze, beryllium copper, or depleted uranium; 

25 or 

26 ‘‘(ii) a full jacketed projectile larger than .22 caliber 

27 designed and intended for use in a handgun and whose 

28 jacket has a weight of more than 25 percent of the 

29 total weight of the projectile. 

30 ‘‘(C) The term ‘armor piercing ammunition’ does not in31 clude shotgun shot required by Federal or State environ32 mental or game regulations for hunting purposes, a fran33 gible projectile designed for target shooting, a projectile 

34 which the Attorney General finds is primarily intended to 

35 be used for sporting purposes, or any other projectile or 

36 projectile core which the Attorney General finds is intended 


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1 to be used for industrial purposes, including a charge used 

2 in an oil and gas well perforating device. 

3 ‘‘(16) The term ‘published ordinance’ means a published 

4 law of any political subdivision of a State which the Attor5 ney General determines to be relevant to the enforcement 

6 of this chapter and which is contained on a list compiled 

7 by the Attorney General, which list shall be published in 

8 the Federal Register, revised annually, and furnished to 

9 each licensee under this chapter. 

10 ‘‘(17) The term ‘crime punishable by imprisonment for 

11 a term exceeding one year’ does not include— 

12 ‘‘(A) any Federal or State offenses pertaining to 

13 antitrust violations, unfair trade practices, restraints of 

14 trade, or other similar offenses relating to the regula15 tion of business practices, or 

16 ‘‘(B) any State offense classified by the laws of the 

17 State as a misdemeanor and punishable by a term of 

18 imprisonment of two years or less. 

19 What constitutes a conviction of such a crime shall be deter20 mined in accordance with the law of the jurisdiction in which 

21 the proceedings were held. Any conviction which has been ex22 punged, or set aside or for which a person has been pardoned 

23 or has had civil rights restored shall not be considered a convic24 tion for purposes of this chapter, unless such pardon, 

25 expungement, or restoration of civil rights expressly provides 

26 that the person may not ship, transport, possess, or receive 

27 firearms. 

28 ‘‘(18) The term ‘engaged in the business’ means— 

29 ‘‘(A) as applied to a manufacturer of firearms, a per30 son who devotes time, attention, and labor to manufac31 turing firearms as a regular course of trade or business 

32 with the principal objective of livelihood and profit 

33 through the sale or distribution of the firearms manu34 factured; 

35 ‘‘(B) as applied to a manufacturer of ammunition, a 

36 person who devotes time, attention, and labor to manu37 facturing ammunition as a regular course of trade or 


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1 business with the principal objective of livelihood and 

2 profit through the sale or distribution of the ammuni3 tion manufactured; 

4 ‘‘(C) as applied to a dealer in firearms, as defined 

5 in section 921(a)(11)(A), a person who devotes time, 

6 attention, and labor to dealing in firearms as a regular 

7 course of trade or business with the principal objective 

8 of livelihood and profit through the repetitive purchase 

9 and resale of firearms, but such term shall not include 

10 a person who makes occasional sales, exchanges, or 

11 purchases of firearms for the enhancement of a per12 sonal collection or for a hobby, or who sells all or part 

13 of his personal collection of firearms; 

14 ‘‘(D) as applied to a dealer in firearms, as defined 

15 in section 921(a)(11)(B), a person who devotes time, 

16 attention, and labor to engaging in such activity as a 

17 regular course of trade or business with the principal 

18 objective of livelihood and profit, but such term shall 

19 not include a person who makes occasional repairs of 

20 firearms, or who occasionally fits special barrels, 

21 stocks, or trigger mechanisms to firearms; 

22 ‘‘(E) as applied to an importer of firearms, a person 

23 who devotes time, attention, and labor to importing 

24 firearms as a regular course of trade or business with 

25 the principal objective of livelihood and profit through 

26 the sale or distribution of the firearms imported; and 

27 ‘‘(F) as applied to an importer of ammunition, a per28 son who devotes time, attention, and labor to importing 

29 ammunition as a regular course of trade or business 

30 with the principal objective of livelihood and profit 

31 through the sale or distribution of the ammunition im32 ported. 

33 ‘‘(19) The term ‘with the principal objective of livelihood 

34 and profit’ means that the intent underlying the sale or 

35 disposition of firearms is predominantly one of obtaining 

36 livelihood and pecuniary gain, as opposed to other intents, 

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1 tion: Provided, That proof of profit shall not be required 

2 as to a person who engages in the regular and repetitive 

3 purchase and disposition of firearms for criminal purposes 

4 or terrorism. For purposes of this paragraph, the term ‘ter5 rorism’ means activity, directed against United States per6 sons, which— 

7 ‘‘(A) is committed by an individual who is not a na8 tional or permanent resident alien of the United States; 

9 ‘‘(B) involves violent acts or acts dangerous to 

10 human life which would be a criminal violation if com11 mitted within the jurisdiction of the United States; and 

12 ‘‘(C) is intended— 

13 ‘‘(i) to intimidate or coerce a civilian population; 

14 ‘‘(ii) to influence the policy of a government by 

15 intimidation or coercion; or 

16 ‘‘(iii) to affect the conduct of a government by 

17 assassination or kidnapping. 

18 ‘‘(20) The term ‘machinegun’ has the meaning given 

19 such term in section 5845(b) of the National Firearms Act 

20 (26 U.S.C. 5845(b)). 

21 ‘‘(21) The terms ‘firearm silencer’ and ‘firearm muffler’ 

22 mean any device for silencing, muffling, or diminishing the 

23 report of a portable firearm, including any combination of 

24 parts, designed or redesigned, and intended for use in as25 sembling or fabricating a firearm silencer or firearm muf26 fler, and any part intended only for use in such assembly 

27 or fabrication. 

28 ‘‘(22) The term ‘school zone’ means— 

29 ‘‘(A) in, or on the grounds of, a public, parochial or 

30 private school; or 

31 ‘‘(B) within a distance of 1,000 feet from the 

32 grounds of a public, parochial or private school. 

33 ‘‘(23) The term ‘school’ means a school which provides 

34 elementary or secondary education, as determined under 

35 State law. 

36 ‘‘(24) The term ‘motor vehicle’ has the meaning given 

37 such term in section 13102 of title 49. 


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1 ‘‘(25) The term ‘semiautomatic rifle’ means any repeat2 ing rifle which utilizes a portion of the energy of a firing 

3 cartridge to extract the fired cartridge case and chamber 

4 the next round, and which requires a separate pull of the 

5 trigger to fire each cartridge. 

6 ‘‘(26) The term ‘handgun’ means— 

7 ‘‘(A) a firearm which has a short stock and is de8 signed to be held and fired by the use of a single hand; 

9 and 

10 ‘‘(B) any combination of parts from which a firearm 

11 described in subparagraph (A) can be assembled. 

12 ‘‘(27) The term ‘intimate partner’ means, with respect to 

13 a person, the spouse of the person, a former spouse of the 

14 person, an individual who is a parent of a child of the per15 son, and an individual who cohabitates or has cohabited 

16 with the person. 

17 ‘‘(28)(A) The term ‘misdemeanor crime of domestic vio18 lence’ means an offense that— 

19 ‘‘(i) is a misdemeanor under Federal, State, or Trib20 al law; and 

21 ‘‘(ii) has, as an element, the use or attempted use of 

22 physical force, or the threatened use of a deadly weap23 on, committed by a current or former spouse, parent, 

24 or guardian of the victim, by a person with whom the 

25 victim shares a child in common, by a person who is 

26 cohabiting with or has cohabited with the victim as a 

27 spouse, parent, or guardian, or by a person similarly 

28 situated to a spouse, parent, or guardian of the victim. 

29 ‘‘(B)(i) A person shall not be considered to have been 

30 convicted of such an offense for purposes of this chapter, 

31 unless— 

32 ‘‘(I) the person was represented by counsel in the 

33 case, or knowingly and intelligently waived the right to 

34 counsel in the case; and 

35 ‘‘(II) in the case of a prosecution for an offense de36 scribed in this paragraph for which a person was entiVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00179 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 tled to a jury trial in the jurisdiction in which the case 

2 was tried, either— 

3 ‘‘(aa) the case was tried by a jury; or 

4 ‘‘(bb) the person knowingly and intelligently 

5 waived the right to have the case tried by a jury, 

6 by guilty plea or otherwise. 

7 ‘‘(ii) A person shall not be considered to have been con8 victed of such an offense for purposes of this chapter if the 

9 conviction has been expunged or set aside, or is an offense 

10 for which the person has been pardoned or has had civil 

11 rights restored (if the law of the applicable jurisdiction pro12 vides for the loss of civil rights under such an offense) un13 less the pardon, expungement, or restoration of civil rights 

14 expressly provides that the person may not ship, transport, 

15 possess, or receive firearms. 

16 ‘‘(29) The term ‘secure gun storage or safety device’ 

17 means— 

18 ‘‘(A) a device that, when installed on a firearm, is 

19 designed to prevent the firearm from being operated 

20 without first deactivating the device; 

21 ‘‘(B) a device incorporated into the design of the 

22 firearm that is designed to prevent the operation of the 

23 firearm by anyone not having access to the device; or 

24 ‘‘(C) a safe, gun safe, gun case, lock box, or other 

25 device that is designed to be or can be used to store 

26 a firearm and that is designed to be unlocked only by 

27 means of a key, a combination, or other similar means. 

28 ‘‘(30) The term ‘body armor’ means any product sold or 

29 offered for sale, in interstate or foreign commerce, as per30 sonal protective body covering intended to protect against 

31 gunfire, regardless of whether the product is to be worn 

32 alone or is sold as a complement to another product or gar33 ment. 

34 ‘‘(31) A member of the Armed Forces on active duty is 

35 a resident of the State in which his permanent duty station 

36 is located. 


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1 ‘‘§ 582. Unlawful acts 

2 ‘‘(a) It shall be unlawful— 

3 ‘‘(1) for any person— 

4 ‘‘(A) except a licensed importer, licensed manufac5 turer, or licensed dealer, to engage in the business of 

6 importing, manufacturing, or dealing in firearms, or in 

7 the course of such business to ship, transport, or re8 ceive any firearm in interstate or foreign commerce; or 

9 ‘‘(B) except a licensed importer or licensed manufac10 turer, to engage in the business of importing or manu11 facturing ammunition, or in the course of such busi12 ness, to ship, transport, or receive any ammunition in 

13 interstate or foreign commerce; 

14 ‘‘(2) for any importer, manufacturer, dealer, or collector 

15 licensed under the provisions of this chapter to ship or 

16 transport in interstate or foreign commerce any firearm to 

17 any person other than a licensed importer, licensed manu18 facturer, licensed dealer, or licensed collector, except that— 

19 ‘‘(A) this paragraph and subsection (b)(3) shall not 

20 be held to preclude a licensed importer, licensed manu21 facturer, licensed dealer, or licensed collector from re22 turning a firearm or replacement firearm of the same 

23 kind and type to a person from whom it was received; 

24 and this paragraph shall not be held to preclude an in25 dividual from mailing a firearm owned in compliance 

26 with Federal, State, and local law to a licensed im27 porter, licensed manufacturer, licensed dealer, or li28 censed collector; 

29 ‘‘(B) this paragraph shall not be held to preclude a 

30 licensed importer, licensed manufacturer, or licensed 

31 dealer from depositing a firearm for conveyance in the 

32 mails to any officer, employee, agent, or watchman 

33 who, pursuant to the provisions of section 1715 of this 

34 title, is eligible to receive through the mails pistols, re35 volvers, and other firearms capable of being concealed 

36 on the person, for use in connection with his official 

37 duty; and 


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1 ‘‘(C) nothing in this paragraph shall be construed as 

2 applying in any manner in the District of Columbia, 

3 the Commonwealth of Puerto Rico, or any possession 

4 of the United States differently than it would apply if 

5 the District of Columbia, the Commonwealth of Puerto 

6 Rico, or the possession were in fact a State of the 

7 United States; 

8 ‘‘(3) for any person, other than a licensed importer, li9 censed manufacturer, licensed dealer, or licensed collector 

10 to transport into or receive in the State where he resides 

11 (or if the person is a corporation or other business entity, 

12 the State where it maintains a place of business) any fire 

13 arm purchased or otherwise obtained by such person out14 side that State, except that this paragraph (A) shall not 

15 preclude any person who lawfully acquires a firearm by be16 quest or intestate succession in a State other than his 

17 State of residence from transporting the firearm into or re18 ceiving it in that State, if it is lawful for such person to 

19 purchase or possess such firearm in that State, (B) shall 

20 not apply to the transportation or receipt of a firearm ob21 tained in conformity with subsection (b)(3) of this section, 

22 and (C) shall not apply to the transportation of any fire23 arm acquired in any State prior to the effective date of this 

24 chapter; 

25 ‘‘(4) for any person, other than a licensed importer, li26 censed manufacturer, licensed dealer, or licensed collector, 

27 to transport in interstate or foreign commerce any destruc28 tive device, machinegun (as defined in section 5845 of the 

29 Internal Revenue Code of 1986), short-barreled shotgun, or 

30 short-barreled rifle, except as specifically authorized by the 

31 Attorney General consistent with public safety and neces32 sity; 

33 ‘‘(5) for any person (other than a licensed importer, li34 censed manufacturer, licensed dealer, or licensed collector) 

35 to transfer, sell, trade, give, transport, or deliver any fire36 arm to any person (other than a licensed importer, licensed 

37 manufacturer, licensed dealer, or licensed collector) who the 


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1 transferor knows or has reasonable cause to believe does 

2 not reside in (or if the person is a corporation or other 

3 business entity, does not maintain a place of business in) 

4 the State in which the transferor resides; except that this 

5 paragraph shall not apply to (A) the transfer, transpor6 tation, or delivery of a firearm made to carry out a bequest 

7 of a firearm to, or an acquisition by intestate succession of 

8 a firearm by, a person who is permitted to acquire or pos9 sess a firearm under the laws of the State of his residence, 

10 and (B) the loan or rental of a firearm to any person for 

11 temporary use for lawful sporting purposes; 

12 ‘‘(6) for any person in connection with the acquisition or 

13 attempted acquisition of any firearm or ammunition from 

14 a licensed importer, licensed manufacturer, licensed dealer, 

15 or licensed collector, knowingly to make any false or ficti16 tious oral or written statement or to furnish or exhibit any 

17 false, fictitious, or misrepresented identification, intended 

18 or likely to deceive such importer, manufacturer, dealer, or 

19 collector with respect to any fact material to the lawfulness 

20 of the sale or other disposition of such firearm or ammuni21 tion under the provisions of this chapter; 

22 ‘‘(7) for any person to manufacture or import armor 

23 piercing ammunition, unless— 

24 ‘‘(A) the manufacture of such ammunition is for the 

25 use of the United States, any department or agency of 

26 the United States, any State, or any department, agen27 cy, or political subdivision of a State; 

28 ‘‘(B) the manufacture of such ammunition is for the 

29 purpose of exportation; or 

30 ‘‘(C) the manufacture or importation of such ammu31 nition is for the purpose of testing or experimentation 

32 and has been authorized by the Attorney General; 

33 ‘‘(8) for any manufacturer or importer to sell or deliver 

34 armor piercing ammunition, unless such sale or delivery— 

35 ‘‘(A) is for the use of the United States, any depart36 ment or agency of the United States, any State, or any 

37 department, agency, or political subdivision of a State; 


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1 ‘‘(B) is for the purpose of exportation; or 

2 ‘‘(C) is for the purpose of testing or experimentation 

3 and has been authorized by the Attorney General; and 

4 ‘‘(9) for any person, other than a licensed importer, li5 censed manufacturer, licensed dealer, or licensed collector, 

6 who does not reside in any State to receive any firearms 

7 unless such receipt is for lawful sporting purposes. 

8 ‘‘(b) It shall be unlawful for any licensed importer, licensed 

9 manufacturer, licensed dealer, or licensed collector to sell or de10 liver— 

11 ‘‘(1) any firearm or ammunition to any individual who 

12 the licensee knows or has reasonable cause to believe is less 

13 than eighteen years of age, and, if the firearm, or ammuni14 tion is other than a shotgun or rifle, or ammunition for a 

15 shotgun or rifle, to any individual who the licensee knows 

16 or has reasonable cause to believe is less than twenty-one 

17 years of age; 

18 ‘‘(2) any firearm to any person in any State where the 

19 purchase or possession by such person of such firearm 

20 would be in violation of any State law or any published or21 dinance applicable at the place of sale, delivery or other 

22 disposition, unless the licensee knows or has reasonable 

23 cause to believe that the purchase or possession would not 

24 be in violation of such State law or such published ordi25 nance; 

26 ‘‘(3) any firearm to any person who the licensee knows 

27 or has reasonable cause to believe does not reside in (or if 

28 the person is a corporation or other business entity, does 

29 not maintain a place of business in) the State in which the 

30 licensee’s place of business is located, except that this para31 graph (A) shall not apply to the sale or delivery of any rifle 

32 or shotgun to a resident of a State other than a State in 

33 which the licensee’s place of business is located if the trans34 feree meets in person with the transferor to accomplish the 

35 transfer, and the sale, delivery, and receipt fully comply 

36 with the legal conditions of sale in both such States (and 

37 any licensed manufacturer, importer or dealer shall be preVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00184 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 sumed, for purposes of this subparagraph, in the absence 

2 of evidence to the contrary, to have had actual knowledge 

3 of the State laws and published ordinances of both States), 

4 and (B) shall not apply to the loan or rental of a firearm 

5 to any person for temporary use for lawful sporting pur6 poses; 

7 ‘‘(4) to any person any destructive device, machinegun 

8 (as defined in section 5845 of the Internal Revenue Code 

9 of 1986), short-barreled shotgun, or short-barreled rifle, ex10 cept as specifically authorized by the Attorney General con11 sistent with public safety and necessity; and 

12 ‘‘(5) any firearm or armor-piercing ammunition to any 

13 person unless the licensee notes in his records, required to 

14 be kept pursuant to section 923 of this chapter, the name, 

15 age, and place of residence of such person if the person is 

16 an individual, or the identity and principal and local places 

17 of business of such person if the person is a corporation 

18 or other business entity. 

19 Paragraphs (1), (2), (3), and (4) of this subsection shall not 

20 apply to transactions between licensed importers, licensed man21 ufacturers, licensed dealers, and licensed collectors. Paragraph 

22 (4) of this subsection shall not apply to a sale or delivery to 

23 any research organization designated by the Attorney General. 

24 ‘‘(c) In any case not otherwise prohibited by this chapter, a 

25 licensed importer, licensed manufacturer, or licensed dealer 

26 may sell a firearm to a person who does not appear in person 

27 at the licensee’s business premises (other than another licensed 

28 importer, manufacturer, or dealer) only if— 

29 ‘‘(1) the transferee submits to the transferor a sworn 

30 statement in the following form: 

31 ‘‘‘Subject to penalties provided by law, I swear that, 

32 in the case of any firearm other than a shotgun or a 

33 rifle, I am twenty-one years or more of age, or that, 

34 in the case of a shotgun or a rifle, I am eighteen years 

35 or more of age; that I am not prohibited by the provi36 sions of subchapter B of chapter 21 of this title, from 

37 receiving a firearm in interstate or foreign commerce; 


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1 and that my receipt of this firearm will not be in viola2 tion of any statute of the State and published ordi3 nance applicable to the locality in which I reside. Fur4 ther, the true title, name, and address of the principal 

5 law enforcement officer of the locality to which the fire6 arm will be delivered are — — — — — — — — — 

7 — — — — — — — — — — — — — — — — 

8 — — — — — Signature — — — — — — — — 

9 — — Date — — — —.’ and containing blank spaces 

10 for the attachment of a true copy of any permit or 

11 other information required pursuant to such statute or 

12 published ordinance; 

13 ‘‘(2) the transferor has, prior to the shipment or delivery 

14 of the firearm, forwarded by registered or certified mail 

15 (return receipt requested) a copy of the sworn statement, 

16 together with a description of the firearm, in a form pre17 scribed by the Attorney General, to the chief law enforce18 ment officer of the transferee’s place of residence, and has 

19 received a return receipt evidencing delivery of the state20 ment or has had the statement returned due to the refusal 

21 of the named addressee to accept such letter in accordance 

22 with United States Post Office Department regulations; 

23 and 

24 ‘‘(3) the transferor has delayed shipment or delivery for 

25 a period of at least seven days following receipt of the noti26 fication of the acceptance or refusal of delivery of the state27 ment. 

28 A copy of the sworn statement and a copy of the notification 

29 to the local law enforcement officer, together with evidence of 

30 receipt or rejection of that notification shall be retained by the 

31 licensee as a part of the records required to be kept under sec32 tion 923(g). 

33 ‘‘(d) It shall be unlawful for any person to sell or otherwise 

34 dispose of any firearm or ammunition to any person knowing 

35 or having reasonable cause to believe that such person— 


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1 ‘‘(1) is under indictment for, or has been convicted in 

2 any court of, a crime punishable by imprisonment for a 

3 term exceeding one year; 

4 ‘‘(2) is a fugitive from justice; 

5 ‘‘(3) is an unlawful user of or addicted to any controlled 

6 substance (as defined in section 102 of the Controlled Sub7 stances Act (21 U.S.C. 802)); 

8 ‘‘(4) has been adjudicated as a mental defective or has 

9 been committed to any mental institution; 

10 ‘‘(5) is an alien and— 

11 ‘‘(A) is illegally or unlawfully in the United States; 

12 or 

13 ‘‘(B) except as provided in subsection (y)(2), has 

14 been admitted to the United States under a non15 immigrant visa (as that term is defined in section 

16 101(a)(26) of the Immigration and Nationality Act (8 

17 U.S.C. 1101(a)(26))); 

18 ‘‘(6) has been discharged from the Armed Forces under 

19 dishonorable conditions; 

20 ‘‘(7) was a citizen of the United States, and has re21 nounced that citizenship; 

22 ‘‘(8) is subject to a court order that restrains such per23 son from harassing, stalking, or threatening an intimate 

24 partner of such person or child of such intimate partner or 

25 person, or engaging in other conduct that would place an 

26 intimate partner in reasonable fear of bodily injury to the 

27 partner or child, except that this paragraph shall only 

28 apply to a court order that— 

29 ‘‘(A) was issued after a hearing of which such person 

30 received actual notice, and at which such person had 

31 the opportunity to participate; and 

32 ‘‘(B)(i) includes a finding that such person rep33 resents a credible threat to the physical safety of such 

34 intimate partner or child; or 

35 ‘‘(ii) by its terms explicitly prohibits the use, at36 tempted use, or threatened use of physical force against 


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1 such intimate partner or child that would reasonably be 

2 expected to cause bodily injury; or 

3 ‘‘(9) has been convicted in any court of a misdemeanor 

4 crime of domestic violence. 

5 This subsection does not apply with respect to the sale or dis6 position of a firearm or ammunition to a licensed importer, li7 censed manufacturer, licensed dealer, or licensed collector who 

8 pursuant to subsection (b) of section 585 is not precluded from 

9 dealing in firearms or ammunition, or to a person who has been 

10 granted relief from disabilities pursuant to subsection (c) of 

11 section 585. 

12 ‘‘(e) It shall be unlawful for any person knowingly to deliver 

13 or cause to be delivered to any common or contract carrier for 

14 transportation or shipment in interstate or foreign commerce, 

15 to persons other than licensed importers, licensed manufactur16 ers, licensed dealers, or licensed collectors, any package or 

17 other container in which there is any firearm or ammunition 

18 without written notice to the carrier that such firearm or am19 munition is being transported or shipped; except that any pas20 senger who owns or legally possesses a firearm or ammunition 

21 being transported aboard any common or contract carrier for 

22 movement with the passenger in interstate or foreign commerce 

23 may deliver said firearm or ammunition into the custody of the 

24 pilot, captain, conductor or operator of such common or con25 tract carrier for the duration of the trip without violating any 

26 of the provisions of this chapter. No common or contract car27 rier shall require or cause any label, tag, or other written notice 

28 to be placed on the outside of any package, luggage, or other 

29 container that such package, luggage, or other container con30 tains a firearm. 

31 ‘‘(f)(1) It shall be unlawful for any common or contract car32 rier to transport or deliver in interstate or foreign commerce 

33 any firearm or ammunition with knowledge or reasonable cause 

34 to believe that the shipment transportation, or receipt thereof 

35 would be in violation of this chapter. 

36 ‘‘(2) It shall be unlawful for any common or contract carrier 

37 to deliver in interstate or foreign commerce any firearm withVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00188 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 out obtaining written acknowledgement of receipt from the re2 cipient of the package or other container in which there is a 

3 firearm. 

4 ‘‘(g) It shall be unlawful for any person— 

5 ‘‘(1) who has been convicted in any court of, a crime 

6 punishable by imprisonment for a term exceeding one year; 

7 ‘‘(2) who is a fugitive from justice; 

8 ‘‘(3) who is an unlawful user of or addicted to any con9 trolled substance (as defined in section 102 of the Con10 trolled Substances Act (21 U.S.C. 802)); 

11 ‘‘(4) who has been adjudicated as a mental defective or 

12 who has been committed to a mental institution; 

13 ‘‘(5) who, being an alien— 

14 ‘‘(A) is illegally or unlawfully in the United States; 

15 or 

16 ‘‘(B) except as provided in subsection (y)(2), has 

17 been admitted to the United States under a non18 immigrant visa (as that term is defined in section 

19 101(a)(26) of the Immigration and Nationality Act (8 

20 U.S.C. 1101(a)(26))); 

21 ‘‘(6) who has been discharged from the Armed Forces 

22 under dishonorable conditions; 

23 ‘‘(7) who, having been a citizen of the United States, has 

24 renounced his citizenship; 

25 ‘‘(8) who is subject to a court order that— 

26 ‘‘(A) was issued after a hearing of which such person 

27 received actual notice, and at which such person had an 

28 opportunity to participate; 

29 ‘‘(B) restrains such person from harassing, stalking, 

30 or threatening an intimate partner of such person or 

31 child of such intimate partner or person, or engaging 

32 in other conduct that would place an intimate partner 

33 in reasonable fear of bodily injury to the partner or 

34 child; and 

35 ‘‘(C)(i) includes a finding that such person rep36 resents a credible threat to the physical safety of such 

37 intimate partner or child; or 


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1 ‘‘(ii) by its terms explicitly prohibits the use, at2 tempted use, or threatened use of physical force against 

3 such intimate partner or child that would reasonably be 

4 expected to cause bodily injury; or 

5 ‘‘(9) who has been convicted in any court of a mis6 demeanor crime of domestic violence, 

7 to ship or transport in interstate or foreign commerce, or pos8 sess in or affecting commerce, any firearm or ammunition; or 

9 to receive any firearm or ammunition which has been shipped 

10 or transported in interstate or foreign commerce. 

11 ‘‘(h) It shall be unlawful for any individual, who to that indi12 vidual’s knowledge and while being employed for any person de13 scribed in any paragraph of subsection (g) of this section, in 

14 the course of such employment— 

15 ‘‘(1) to receive, possess, or transport any firearm or am16 munition in or affecting interstate or foreign commerce; or 

17 ‘‘(2) to receive any firearm or ammunition which has 

18 been shipped or transported in interstate or foreign com19 merce. 

20 ‘‘(i) It shall be unlawful for any person to transport or ship 

21 in interstate or foreign commerce, any stolen firearms or stolen 

22 ammunition, knowing or having reasonable cause to believe that 

23 the firearm or ammunition was stolen. 

24 ‘‘(j) It shall be unlawful for any person to receive, possess, 

25 conceal, store, barter, sell, or dispose of any stolen firearm or 

26 stolen ammunition, or pledge or accept as security for a loan 

27 any stolen firearm or stolen ammunition, which is moving as, 

28 which is a part of, which constitutes, or which has been shipped 

29 or transported in, interstate or foreign commerce, either before 

30 or after it was stolen, knowing or having reasonable cause to 

31 believe that the firearm or ammunition was stolen. 

32 ‘‘(k) It shall be unlawful for any person knowingly to trans33 port, ship, or receive, in interstate or foreign commerce, any 

34 firearm which has had the importer’s or manufacturer’s serial 

35 number removed, obliterated, or altered or to possess or receive 

36 any firearm which has had the importer’s or manufacturer’s se37 rial number removed, obliterated, or altered and has, at any 


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1 time, been shipped or transported in interstate or foreign com2 merce. 

3 ‘‘(l) Except as provided in section 585(d), it shall be unlaw4 ful for any person knowingly to import or bring into the United 

5 States or any possession thereof any firearm or ammunition; 

6 and it shall be unlawful for any person knowingly to receive 

7 any firearm or ammunition which has been imported or 

8 brought into the United States or any possession thereof in vio9 lation of the provisions of this chapter. 

10 ‘‘(m) It shall be unlawful for any licensed importer, licensed 

11 manufacturer, licensed dealer, or licensed collector knowingly to 

12 make any false entry in, to fail to make appropriate entry in, 

13 or to fail to properly maintain, any record which he is required 

14 to keep pursuant to section 583 or regulations promulgated 

15 thereunder. 

16 ‘‘(n) It shall be unlawful for any person who is under indict17 ment for a crime punishable by imprisonment for a term ex18 ceeding one year to ship or transport in interstate or foreign 

19 commerce any firearm or ammunition or receive any firearm or 

20 ammunition which has been shipped or transported in inter21 state or foreign commerce. 

22 ‘‘(o)(1) Except as provided in paragraph (2), it shall be un23 lawful for any person to transfer or possess a machinegun. 

24 ‘‘(2) This subsection does not apply with respect to— 

25 ‘‘(A) a transfer to or by, or possession by or under the 

26 authority of, the United States or any department or agen27 cy thereof or a State, or a department, agency, or political 

28 subdivision thereof; or 

29 ‘‘(B) any lawful transfer or lawful possession of a ma30 chinegun that was lawfully possessed before the date this 

31 subsection takes effect. 

32 ‘‘(p)(1) It shall be unlawful for any person to manufacture, 

33 import, sell, ship, deliver, possess, transfer, or receive any fire34 arm— 

35 ‘‘(A) that, after removal of grips, stocks, and magazines, 

36 is not as detectable as the Security Exemplar, by walkVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00191 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 through metal detectors calibrated and operated to detect 

2 the Security Exemplar; or 

3 ‘‘(B) any major component of which, when subjected to 

4 inspection by the types of x-ray machines commonly used 

5 at airports, does not generate an image that accurately de6 picts the shape of the component. Barium sulfate or other 

7 compounds may be used in the fabrication of the compo8 nent. 

9 ‘‘(2) For purposes of this subsection— 

10 ‘‘(A) the term ‘firearm’ does not include the frame or re11 ceiver of any such weapon; 

12 ‘‘(B) the term ‘major component’ means, with respect to 

13 a firearm, the barrel, the slide or cylinder, or the frame or 

14 receiver of the firearm; and 

15 ‘‘(C) the term ‘Security Exemplar’ means an object, to 

16 be fabricated at the direction of the Attorney General, that 

17 is— 

18 ‘‘(i) constructed of, during the 12-month period be19 ginning on the date of the enactment of this subsection, 

20 3.7 ounces of material type 17–4 PH stainless steel in 

21 a shape resembling a handgun; and 

22 ‘‘(ii) suitable for testing and calibrating metal detec23 tors: Provided, however, That at the close of such 12- 

24 month period, and at appropriate times thereafter the 

25 Attorney General shall promulgate regulations to per26 mit the manufacture, importation, sale, shipment, deliv27 ery, possession, transfer, or receipt of firearms pre28 viously prohibited under this subparagraph that are as 

29 detectable as a ‘Security Exemplar’ which contains 3.7 

30 ounces of material type 17–4 PH stainless steel, in a 

31 shape resembling a handgun, or such lesser amount as 

32 is detectable in view of advances in state-of-the-art de33 velopments in weapons detection technology. 

34 ‘‘(3) Under such rules and regulations as the Attorney Gen35 eral shall prescribe, this subsection shall not apply to the man36 ufacture, possession, transfer, receipt, shipment, or delivery of 

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1 suant to a contract with a licensed manufacturer, for the pur2 pose of examining and testing such firearm to determine 

3 whether paragraph (1) applies to such firearm. The Attorney 

4 General shall ensure that rules and regulations adopted pursu5 ant to this paragraph do not impair the manufacture of proto6 type firearms or the development of new technology. 

7 ‘‘(4) The Attorney General shall permit the conditional im8 portation of a firearm by a licensed importer or licensed manu9 facturer, for examination and testing to determine whether or 

10 not the unconditional importation of such firearm would violate 

11 this subsection. 

12 ‘‘(5) This subsection shall not apply to any firearm which— 

13 ‘‘(A) has been certified by the Secretary of Defense or 

14 the Director of Central Intelligence, after consultation with 

15 the Attorney General and the Administrator of the Federal 

16 Aviation Administration, as necessary for military or intel17 ligence applications; and 

18 ‘‘(B) is manufactured for and sold exclusively to military 

19 or intelligence agencies of the United States. 

20 ‘‘(6) This subsection shall not apply with respect to any fire21 arm manufactured in, imported into, or possessed in the United 

22 States before the date of the enactment of the Undetectable 

23 Firearms Act of 1988. 

24 ‘‘(q)(1) The Congress finds and declares that— 

25 ‘‘(A) crime, particularly crime involving drugs and guns, 

26 is a pervasive, nationwide problem; 

27 ‘‘(B) crime at the local level is exacerbated by the inter28 state movement of drugs, guns, and criminal gangs; 

29 ‘‘(C) firearms and ammunition move easily in interstate 

30 commerce and have been found in increasing numbers in 

31 and around schools, as documented in numerous hearings 

32 in both the Committee on the Judiciary of the House of 

33 Representatives and the Committee on the Judiciary of the 

34 Senate; 

35 ‘‘(D) in fact, even before the sale of a firearm, the gun, 

36 its component parts, ammunition, and the raw materials 


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1 from which they are made have considerably moved in 

2 interstate commerce; 

3 ‘‘(E) while criminals freely move from State to State, or4 dinary citizens and foreign visitors may fear to travel to or 

5 through certain parts of the country due to concern about 

6 violent crime and gun violence, and parents may decline to 

7 send their children to school for the same reason; 

8 ‘‘(F) the occurrence of violent crime in school zones has 

9 resulted in a decline in the quality of education in our 

10 country; 

11 ‘‘(G) this decline in the quality of education has an ad12 verse impact on interstate commerce and the foreign com13 merce of the United States; 

14 ‘‘(H) States, localities, and school systems find it almost 

15 impossible to handle gun-related crime by themselves--even 

16 States, localities, and school systems that have made strong 

17 efforts to prevent, detect, and punish gun-related crime 

18 find their efforts unavailing due in part to the failure or 

19 inability of other States or localities to take strong meas20 ures; and 

21 ‘‘(I) the Congress has the power, under the interstate 

22 commerce clause and other provisions of the Constitution, 

23 to enact measures to ensure the integrity and safety of the 

24 Nation’s schools by enactment of this subsection. 

25 ‘‘(2)(A) It shall be unlawful for any individual knowingly to 

26 possess a firearm that has moved in or that otherwise affects 

27 interstate or foreign commerce at a place that the individual 

28 knows, or has reasonable cause to believe, is a school zone. 

29 ‘‘(B) Subparagraph (A) does not apply to the possession of 

30 a firearm— 

31 ‘‘(i) on private property not part of school grounds; 

32 ‘‘(ii) if the individual possessing the firearm is licensed 

33 to do so by the State in which the school zone is located 

34 or a political subdivision of the State, and the law of the 

35 State or political subdivision requires that, before an indi36 vidual obtains such a license, the law enforcement authoriVerDate Nov 24 2008 02:54 Apr 08, 2009 Jkt 079200 PO 00000 Frm 00194 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 ties of the State or political subdivision verify that the indi2 vidual is qualified under law to receive the license; 

3 ‘‘(iii) that is— 

4 ‘‘(I) not loaded; and 

5 ‘‘(II) in a locked container, or a locked firearms rack 

6 that is on a motor vehicle; 

7 ‘‘(iv) by an individual for use in a program approved by 

8 a school in the school zone; 

9 ‘‘(v) by an individual in accordance with a contract en10 tered into between a school in the school zone and the indi11 vidual or an employer of the individual; 

12 ‘‘(vi) by a law enforcement officer acting in his or her 

13 official capacity; or 

14 ‘‘(vii) that is unloaded and is possessed by an individual 

15 while traversing school premises for the purpose of gaining 

16 access to public or private lands open to hunting, if the 

17 entry on school premises is authorized by school authori18 ties. 

19 ‘‘(3)(A) Except as provided in subparagraph (B), it shall be 

20 unlawful for any person, knowingly or with reckless disregard 

21 for the safety of another, to discharge or attempt to discharge 

22 a firearm that has moved in or that otherwise affects interstate 

23 or foreign commerce at a place that the person knows is a 

24 school zone. 

25 ‘‘(B) Subparagraph (A) does not apply to the discharge of 

26 a firearm— 

27 ‘‘(i) on private property not part of school grounds; 

28 ‘‘(ii) as part of a program approved by a school in the 

29 school zone, by an individual who is participating in the 

30 program; 

31 ‘‘(iii) by an individual in accordance with a contract en32 tered into between a school in a school zone and the indi33 vidual or an employer of the individual; or 

34 ‘‘(iv) by a law enforcement officer acting in his or her 

35 official capacity. 

36 ‘‘(4) Nothing in this subsection shall be construed as pre37 empting or preventing a State or local government from enactVerDate Nov 24 2008 02:54 Apr 08, 2009 Jkt 079200 PO 00000 Frm 00195 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 ing a statute establishing gun free school zones as provided in 

2 this subsection. 

3 ‘‘(r) It shall be unlawful for any person to assemble from im4 ported parts any semiautomatic rifle or any shotgun which is 

5 identical to any rifle or shotgun prohibited from importation 

6 under section 585(d)(3) as not being particularly suitable for 

7 or readily adaptable to sporting purposes except that this sub8 section shall not apply to— 

9 ‘‘(1) the assembly of any such rifle or shotgun for sale 

10 or distribution by a licensed manufacturer to the United 

11 States or any department or agency thereof or to any State 

12 or any department, agency, or political subdivision thereof; 

13 or 

14 ‘‘(2) the assembly of any such rifle or shotgun for the 

15 purposes of testing or experimentation authorized by the 

16 Attorney General. 

17 ‘‘(s)(1) Beginning on the date that is 90 days after the date 

18 of enactment of this subsection and ending on the day before 

19 the date that is 60 months after such date of enactment, it 

20 shall be unlawful for any licensed importer, licensed manufac21 turer, or licensed dealer to sell, deliver, or transfer a handgun 

22 (other than the return of a handgun to the person from whom 

23 it was received) to an individual who is not licensed under sec24 tion 583, unless— 

25 ‘‘(A) after the most recent proposal of such transfer by 

26 the transferee— 

27 ‘‘(i) the transferor has— 

28 ‘‘(I) received from the transferee a statement of 

29 the transferee containing the information described 

30 in paragraph (3); 

31 ‘‘(II) verified the identity of the transferee by ex32 amining the identification document presented; 

33 ‘‘(III) within 1 day after the transferee furnishes 

34 the statement, provided notice of the contents of 

35 the statement to the chief law enforcement officer 

36 of the place of residence of the transferee; and 


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1 ‘‘(IV) within 1 day after the transferee furnishes 

2 the statement, transmitted a copy of the statement 

3 to the chief law enforcement officer of the place of 

4 residence of the transferee; and 

5 ‘‘(ii)(I) 5 business days (meaning days on which 

6 State offices are open) have elapsed from the date the 

7 transferor furnished notice of the contents of the state8 ment to the chief law enforcement officer, during which 

9 period the transferor has not received information from 

10 the chief law enforcement officer that receipt or posses11 sion of the handgun by the transferee would be in vio12 lation of Federal, State, or local law; or 

13 ‘‘(II) the transferor has received notice from the 

14 chief law enforcement officer that the officer has no in15 formation indicating that receipt or possession of the 

16 handgun by the transferee would violate Federal, State, 

17 or local law; 

18 ‘‘(B) the transferee has presented to the transferor a 

19 written statement, issued by the chief law enforcement offi20 cer of the place of residence of the transferee during the 

21 10-day period ending on the date of the most recent pro22 posal of such transfer by the transferee, stating that the 

23 transferee requires access to a handgun because of a threat 

24 to the life of the transferee or of any member of the house25 hold of the transferee; 

26 ‘‘(C)(i) the transferee has presented to the transferor a 

27 permit that— 

28 ‘‘(I) allows the transferee to possess or acquire a 

29 handgun; and 

30 ‘‘(II) was issued not more than 5 years earlier by the 

31 State in which the transfer is to take place; and 

32 ‘‘(ii) the law of the State provides that such a permit is 

33 to be issued only after an authorized government official 

34 has verified that the information available to such official 

35 does not indicate that possession of a handgun by the 

36 transferee would be in violation of the law; 


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1 ‘‘(D) the law of the State requires that, before any li2 censed importer, licensed manufacturer, or licensed dealer 

3 completes the transfer of a handgun to an individual who 

4 is not licensed under section 583, an authorized govern5 ment official verify that the information available to such 

6 official does not indicate that possession of a handgun by 

7 the transferee would be in violation of law; 

8 ‘‘(E) the Attorney General has approved the transfer 

9 under section 5812 of the Internal Revenue Code of 1986; 

10 or 

11 ‘‘(F) on application of the transferor, the Attorney Gen12 eral has certified that compliance with subparagraph 

13 (A)(i)(III) is impracticable because— 

14 ‘‘(i) the ratio of the number of law enforcement offi15 cers of the State in which the transfer is to occur to 

16 the number of square miles of land area of the State 

17 does not exceed 0.0025; 

18 ‘‘(ii) the business premises of the transferor at which 

19 the transfer is to occur are extremely remote in relation 

20 to the chief law enforcement officer; and 

21 ‘‘(iii) there is an absence of telecommunications fa22 cilities in the geographical area in which the business 

23 premises are located. 

24 ‘‘(2) A chief law enforcement officer to whom a transferor 

25 has provided notice pursuant to paragraph (1)(A)(i)(III) shall 

26 make a reasonable effort to ascertain within 5 business days 

27 whether receipt or possession would be in violation of the law, 

28 including research in whatever State and local recordkeeping 

29 systems are available and in a national system designated by 

30 the Attorney General. 

31 ‘‘(3) The statement referred to in paragraph (1)(A)(i)(I) 

32 shall contain only— 

33 ‘‘(A) the name, address, and date of birth appearing on 

34 a valid identification document (as defined in section 

35 1028(d)(1) of the transferee containing a photograph of the 

36 transferee and a description of the identification used; 

37 ‘‘(B) a statement that the transferee— 


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1 ‘‘(i) is not under indictment for, and has not been 

2 convicted in any court of, a crime punishable by impris3 onment for a term exceeding 1 year, and has not been 

4 convicted in any court of a misdemeanor crime of do5 mestic violence; 

6 ‘‘(ii) is not a fugitive from justice; 

7 ‘‘(iii) is not an unlawful user of or addicted to any 

8 controlled substance (as defined in section 102 of the 

9 Controlled Substances Act); 

10 ‘‘(iv) has not been adjudicated as a mental defective 

11 or been committed to a mental institution; 

12 ‘‘(v) is not an alien who— 

13 ‘‘(I) is illegally or unlawfully in the United 

14 States; or 

15 ‘‘(II) subject to subsection (y)(2), has been ad16 mitted to the United States under a nonimmigrant 

17 visa (as that term is defined in section 101(a)(26) 

18 of the Immigration and Nationality Act (8 U.S.C. 

19 1101(a)(26))); 

20 ‘‘(vi) has not been discharged from the Armed 

21 Forces under dishonorable conditions; and 

22 ‘‘(vii) is not a person who, having been a citizen of 

23 the United States, has renounced such citizenship; 

24 ‘‘(C) the date the statement is made; and 

25 ‘‘(D) notice that the transferee intends to obtain a hand26 gun from the transferor. 

27 ‘‘(4) Any transferor of a handgun who, after such transfer, 

28 receives a report from a chief law enforcement officer con29 taining information that receipt or possession of the handgun 

30 by the transferee violates Federal, State, or local law shall, 

31 within 1 business day after receipt of such request, commu32 nicate any information related to the transfer that the trans33 feror has about the transfer and the transferee to— 

34 ‘‘(A) the chief law enforcement officer of the place of 

35 business of the transferor; and 

36 ‘‘(B) the chief law enforcement officer of the place of 

37 residence of the transferee. 


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1 ‘‘(5) Any transferor who receives information, not otherwise 

2 available to the public, in a report under this subsection shall 

3 not disclose such information except to the transferee, to law 

4 enforcement authorities, or pursuant to the direction of a court 

5 of law. 

6 ‘‘(6)(A) Any transferor who sells, delivers, or otherwise 

7 transfers a handgun to a transferee shall retain the copy of the 

8 statement of the transferee with respect to the handgun trans9 action, and shall retain evidence that the transferor has com10 plied with subclauses (III) and (IV) of paragraph (1)(A)(i) with 

11 respect to the statement. 

12 ‘‘(B) Unless the chief law enforcement officer to whom a 

13 statement is transmitted under paragraph (1)(A)(i)(IV) deter14 mines that a transaction would violate Federal, State, or local 

15 law— 

16 ‘‘(i) the officer shall, within 20 business days after the 

17 date the transferee made the statement on the basis of 

18 which the notice was provided, destroy the statement, any 

19 record containing information derived from the statement, 

20 and any record created as a result of the notice required 

21 by paragraph (1)(A)(i)(III); 

22 ‘‘(ii) the information contained in the statement shall not 

23 be conveyed to any person except a person who has a need 

24 to know in order to carry out this subsection; and 

25 ‘‘(iii) the information contained in the statement shall 

26 not be used for any purpose other than to carry out this 

27 subsection. 

28 ‘‘(C) If a chief law enforcement officer determines that an 

29 individual is ineligible to receive a handgun and the individual 

30 requests the officer to provide the reason for such determina31 tion, the officer shall provide such reasons to the individual in 

32 writing within 20 business days after receipt of the request. 

33 ‘‘(7) A chief law enforcement officer or other person respon34 sible for providing criminal history background information 

35 pursuant to this subsection shall not be liable in an action at 

36 law for damages— 


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1 ‘‘(A) for failure to prevent the sale or transfer of a hand2 gun to a person whose receipt or possession of the handgun 

3 is unlawful under this section; or 

4 ‘‘(B) for preventing such a sale or transfer to a person 

5 who may lawfully receive or possess a handgun. 

6 ‘‘(8) For purposes of this subsection, the term ‘chief law en7 forcement officer’ means the chief of police, the sheriff, or an 

8 equivalent officer or the designee of any such individual. 

9 ‘‘(9) The Attorney General shall take necessary actions to 

10 ensure that the provisions of this subsection are published and 

11 disseminated to licensed dealers, law enforcement officials, and 

12 the public. 

13 ‘‘(t)(1) Beginning on the date that is 30 days after the At14 torney General notifies licensees under section 103(d) of the 

15 Brady Handgun Violence Prevention Act that the national in16 stant criminal background check system is established, a li17 censed importer, licensed manufacturer, or licensed dealer shall 

18 not transfer a firearm to any other person who is not licensed 

19 under this chapter, unless— 

20 ‘‘(A) before the completion of the transfer, the licensee 

21 contacts the national instant criminal background check 

22 system established under section 103 of that Act; 

23 ‘‘(B)(i) the system provides the licensee with a unique 

24 identification number; or 

25 ‘‘(ii) 3 business days (meaning a day on which State of26 fices are open) have elapsed since the licensee contacted the 

27 system, and the system has not notified the licensee that 

28 the receipt of a firearm by such other person would violate 

29 subsection (g) or (n) of this section; and 

30 ‘‘(C) the transferor has verified the identity of the trans31 feree by examining a valid identification document (as de32 fined in section 1028(d) of this title) of the transferee con33 taining a photograph of the transferee. 

34 ‘‘(2) If receipt of a firearm would not violate subsection (g) 

35 or (n) or State law, the system shall— 

36 ‘‘(A) assign a unique identification number to the trans37 fer; 


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1 ‘‘(B) provide the licensee with the number; and 

2 ‘‘(C) destroy all records of the system with respect to the 

3 call (other than the identifying number and the date the 

4 number was assigned) and all records of the system relat5 ing to the person or the transfer. 

6 ‘‘(3) Paragraph (1) shall not apply to a firearm transfer be7 tween a licensee and another person if— 

8 ‘‘(A)(i) such other person has presented to the licensee 

9 a permit that— 

10 ‘‘(I) allows such other person to possess or acquire 

11 a firearm; and 

12 ‘‘(II) was issued not more than 5 years earlier by the 

13 State in which the transfer is to take place; and 

14 ‘‘(ii) the law of the State provides that such a permit is 

15 to be issued only after an authorized government official 

16 has verified that the information available to such official 

17 does not indicate that possession of a firearm by such other 

18 person would be in violation of law; 

19 ‘‘(B) the Attorney General has approved the transfer 

20 under section 5812 of the Internal Revenue Code of 1986; 

21 or 

22 ‘‘(C) on application of the transferor, the Attorney Gen23 eral has certified that compliance with paragraph (1)(A) is 

24 impracticable because— 

25 ‘‘(i) the ratio of the number of law enforcement offi26 cers of the State in which the transfer is to occur to 

27 the number of square miles of land area of the State 

28 does not exceed 0.0025; 

29 ‘‘(ii) the business premises of the licensee at which 

30 the transfer is to occur are extremely remote in relation 

31 to the chief law enforcement officer (as defined in sub32 section (s)(8)); and 

33 ‘‘(iii) there is an absence of telecommunications fa34 cilities in the geographical area in which the business 

35 premises are located. 

36 ‘‘(4) If the national instant criminal background check sys37 tem notifies the licensee that the information available to the 


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1 system does not demonstrate that the receipt of a firearm by 

2 such other person would violate subsection (g) or (n) or State 

3 law, and the licensee transfers a firearm to such other person, 

4 the licensee shall include in the record of the transfer the 

5 unique identification number provided by the system with re6 spect to the transfer. 

7 ‘‘(5) If the licensee knowingly transfers a firearm to such 

8 other person and knowingly fails to comply with paragraph (1) 

9 of this subsection with respect to the transfer and, at the time 

10 such other person most recently proposed the transfer, the na11 tional instant criminal background check system was operating 

12 and information was available to the system demonstrating that 

13 receipt of a firearm by such other person would violate sub14 section (g) or (n) of this section or State law, the Attorney 

15 General may, after notice and opportunity for a hearing, sus16 pend for not more than 6 months or revoke any license issued 

17 to the licensee under section 583, and may impose on the li18 censee a civil fine of not more than $5,000. 

19 ‘‘(6) Neither a local government nor an employee of the Fed20 eral Government or of any State or local government, respon21 sible for providing information to the national instant criminal 

22 background check system shall be liable in an action at law for 

23 damages— 

24 ‘‘(A) for failure to prevent the sale or transfer of a fire25 arm to a person whose receipt or possession of the firearm 

26 is unlawful under this section; or 

27 ‘‘(B) for preventing such a sale or transfer to a person 

28 who may lawfully receive or possess a firearm. 

29 ‘‘(u) It shall be unlawful for a person to steal or unlawfully 

30 take or carry away from the person or the premises of a person 

31 who is licensed to engage in the business of importing, manu32 facturing, or dealing in firearms, any firearm in the licensee’s 

33 business inventory that has been shipped or transported in 

34 interstate or foreign commerce. 

35 ‘‘(v)(1) It shall be unlawful for a person to sell, deliver, or 

36 otherwise transfer to a person who the transferor knows or has 

37 reasonable cause to believe is a juvenile— 


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1 ‘‘(A) a handgun; or 

2 ‘‘(B) ammunition that is suitable for use only in a hand3 gun. 

4 ‘‘(2) It shall be unlawful for any person who is a juvenile to 

5 knowingly possess— 

6 ‘‘(A) a handgun; or 

7 ‘‘(B) ammunition that is suitable for use only in a hand8 gun. 

9 ‘‘(3) This subsection does not apply to— 

10 ‘‘(A) a temporary transfer of a handgun or ammunition 

11 to a juvenile or to the possession or use of a handgun or 

12 ammunition by a juvenile if the handgun and ammunition 

13 are possessed and used by the juvenile— 

14 ‘‘(i) in the course of employment, in the course of 

15 ranching or farming related to activities at the resi16 dence of the juvenile (or on property used for ranching 

17 or farming at which the juvenile, with the permission 

18 of the property owner or lessee, is performing activities 

19 related to the operation of the farm or ranch), target 

20 practice, hunting, or a course of instruction in the safe 

21 and lawful use of a handgun; 

22 ‘‘(ii) with the prior written consent of the juvenile’s 

23 parent or guardian who is not prohibited by Federal, 

24 State, or local law from possessing a firearm, except— 

25 ‘‘(I) during transportation by the juvenile of an 

26 unloaded handgun in a locked container directly 

27 from the place of transfer to a place at which an 

28 activity described in clause (i) is to take place and 

29 transportation by the juvenile of that handgun, un30 loaded and in a locked container, directly from the 

31 place at which such an activity took place to the 

32 transferor; or 

33 ‘‘(II) with respect to ranching or farming activi34 ties as described in clause (i), a juvenile may pos35 sess and use a handgun or ammunition with the 

36 prior written approval of the juvenile’s parent or 

37 legal guardian and at the direction of an adult who 


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1 is not prohibited by Federal, State or local law 

2 from possessing a firearm; or 

3 ‘‘(iii) the juvenile has the prior written consent in the 

4 juvenile’s possession at all times when a handgun is in 

5 the possession of the juvenile; and 

6 ‘‘(iv) in accordance with State and local law; 

7 ‘‘(B) a juvenile who is a member of the Armed Forces 

8 of the United States or the National Guard who possesses 

9 or is armed with a handgun in the line of duty; 

10 ‘‘(C) a transfer by inheritance of title (but not posses11 sion) of a handgun or ammunition to a juvenile; or 

12 ‘‘(D) the possession of a handgun or ammunition by a 

13 juvenile taken in defense of the juvenile or other persons 

14 against an intruder into the residence of the juvenile or a 

15 residence in which the juvenile is an invited guest. 

16 ‘‘(4) A handgun or ammunition, the possession of which is 

17 transferred to a juvenile in circumstances in which the trans18 feror is not in violation of this subsection shall not be subject 

19 to permanent confiscation by the Government if its possession 

20 by the juvenile subsequently becomes unlawful because of the 

21 conduct of the juvenile, but shall be returned to the lawful 

22 owner when such handgun or ammunition is no longer required 

23 by the Government for the purposes of investigation or prosecu24 tion. 

25 ‘‘(5) For purposes of this subsection, the term ‘juvenile’ 

26 means a person who is less than 18 years of age. 

27 ‘‘(6)(A) In a prosecution of a violation of this subsection, the 

28 court shall require the presence of a juvenile defendant’s parent 

29 or legal guardian at all proceedings. 

30 ‘‘(B) The court may use the contempt power to enforce sub31 paragraph (A). 

32 ‘‘(C) The court may excuse attendance of a parent or legal 

33 guardian of a juvenile defendant at a proceeding in a prosecu34 tion of a violation of this subsection for good cause shown. 

35 ‘‘(w) PROVISIONS RELATING TO ALIENS ADMITTED UNDER

36 NONIMMIGRANT VISAS.— 

37 ‘‘(1) DEFINITIONS.—In this subsection— 


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1 ‘‘(A) the term ‘alien’ has the same meaning as in 

2 section 101(a)(3) of the Immigration and Nationality 

3 Act (8 U.S.C. 1101(a)(3)); and 

4 ‘‘(B) the term ‘nonimmigrant visa’ has the same 

5 meaning as in section 101(a)(26) of the Immigration 

6 and Nationality Act (8 U.S.C. 1101(a)(26)). 

7 ‘‘(2) EXCEPTIONS.—Subsections (d)(5)(B), (g)(5)(B), 

8 and (s)(3)(B)(v)(II) do not apply to any alien who has been 

9 lawfully admitted to the United States under a non10 immigrant visa, if that alien is— 

11 ‘‘(A) admitted to the United States for lawful hunt12 ing or sporting purposes or is in possession of a hunt13 ing license or permit lawfully issued in the United 

14 States; 

15 ‘‘(B) an official representative of a foreign govern16 ment who is— 

17 ‘‘(i) accredited to the United States Government 

18 or the Government’s mission to an international or19 ganization having its headquarters in the United 

20 States; or 

21 ‘‘(ii) en route to or from another country to 

22 which that alien is accredited; 

23 ‘‘(C) an official of a foreign government or a distin24 guished foreign visitor who has been so designated by 

25 the Department of State; or 

26 ‘‘(D) a foreign law enforcement officer of a friendly 

27 foreign government entering the United States on offi28 cial law enforcement business. 

29 ‘‘(3) WAIVER.— 

30 ‘‘(A) CONDITIONS FOR WAIVER.—Any individual who 

31 has been admitted to the United States under a non32 immigrant visa may receive a waiver from the require33 ments of subsection (g)(5), if— 

34 ‘‘(i) the individual submits to the Attorney Gen35 eral a petition that meets the requirements of sub36 paragraph (C); and 

37 ‘‘(ii) the Attorney General approves the petition. 


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1 ‘‘(B) PETITION.—Each petition under subparagraph 

2 (B) shall— 

3 ‘‘(i) demonstrate that the petitioner has resided 

4 in the United States for a continuous period of not 

5 less than 180 days before the date on which the pe6 tition is submitted under this paragraph; and 

7 ‘‘(ii) include a written statement from the em8 bassy or consulate of the petitioner, authorizing the 

9 petitioner to acquire a firearm or ammunition and 

10 certifying that the alien would not, absent the ap11 plication of subsection (g)(5)(B), otherwise be pro12 hibited from such acquisition under subsection (g). 

13 ‘‘(C) APPROVAL OF PETITION.—The Attorney Gen14 eral shall approve a petition submitted in accordance 

15 with this paragraph, if the Attorney General deter16 mines that waiving the requirements of subsection 

17 (g)(5)(B) with respect to the petitioner— 

18 ‘‘(i) would be in the interests of justice; and 

19 ‘‘(ii) would not jeopardize the public safety. 

20 ‘‘(x) SECURE GUN STORAGE OR SAFETY DEVICE.— 

21 ‘‘(1) IN GENERAL.—Except as provided under paragraph 

22 (2), it shall be unlawful for any licensed importer, licensed 

23 manufacturer, or licensed dealer to sell, deliver, or transfer 

24 any handgun to any person other than any person licensed 

25 under this chapter, unless the transferee is provided with 

26 a secure gun storage or safety device (as defined in section 

27 921(a)(34)) for that handgun. 

28 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not apply to— 

29 ‘‘(A)(i) the manufacture for, transfer to, or posses30 sion by, the United States, a department or agency of 

31 the United States, a State, or a department, agency, or 

32 political subdivision of a State, of a handgun; or 

33 ‘‘(ii) the transfer to, or possession by, a law en34 forcement officer employed by an entity referred to 

35 in clause (i) of a handgun for law enforcement pur36 poses (whether on or off duty); or 


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1 ‘‘(B) the transfer to, or possession by, a rail police 

2 officer employed by a rail carrier and certified or com3 missioned as a police officer under the laws of a State 

4 of a handgun for purposes of law enforcement (whether 

5 on or off duty); 

6 ‘‘(C) the transfer to any person of a handgun listed 

7 as a curio or relic by the Secretary pursuant to section 

8 921(a)(13); or 

9 ‘‘(D) the transfer to any person of a handgun for 

10 which a secure gun storage or safety device is tempo11 rarily unavailable for the reasons described in the ex12 ceptions stated in section 923(e), if the licensed manu13 facturer, licensed importer, or licensed dealer delivers 

14 to the transferee within 10 calendar days from the date 

15 of the delivery of the handgun to the transferee a se16 cure gun storage or safety device for the handgun. 

17 ‘‘(3) LIABILITY FOR USE.— 

18 ‘‘(A) IN GENERAL.—Notwithstanding any other pro19 vision of law, a person who has lawful possession and 

20 control of a handgun, and who uses a secure gun stor21 age or safety device with the handgun, shall be entitled 

22 to immunity from a qualified civil liability action. 

23 ‘‘(B) PROSPECTIVE ACTIONS.—A qualified civil liabil24 ity action may not be brought in any Federal or State 

25 court. 

26 ‘‘(C) DEFINED TERM.—As used in this paragraph, 

27 the term ‘qualified civil liability action’— 

28 ‘‘(i) means a civil action brought by any person 

29 against a person described in subparagraph (A) for 

30 damages resulting from the criminal or unlawful 

31 misuse of the handgun by a third party, if— 

32 ‘‘(I) the handgun was accessed by another 

33 person who did not have the permission or au34 thorization of the person having lawful posses35 sion and control of the handgun to have access 

36 to it; and 


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1 ‘‘(II) at the time access was gained by the 

2 person not so authorized, the handgun had 

3 been made inoperable by use of a secure gun 

4 storage or safety device; and 

5 ‘‘(ii) shall not include an action brought against 

6 the person having lawful possession and control of 

7 the handgun for negligent entrustment or neg8 ligence per se. 

9 ‘‘§ 583. Licensing 

10 ‘‘(a) No person shall engage in the business of importing, 

11 manufacturing, or dealing in firearms, or importing or manu12 facturing ammunition, until he has filed an application with 

13 and received a license to do so from the Attorney General. The 

14 application shall be in such form and contain only that infor15 mation necessary to determine eligibility for licensing as the 

16 Attorney General shall by regulation prescribe and shall include 

17 a photograph and fingerprints of the applicant. Each applicant 

18 shall pay a fee for obtaining such a license, a separate fee being 

19 required for each place in which the applicant is to do business, 

20 as follows: 

21 ‘‘(1) If the applicant is a manufacturer— 

22 ‘‘(A) of destructive devices, ammunition for destruc23 tive devices or armor piercing ammunition, a fee of 

24 $1,000 per year; 

25 ‘‘(B) of firearms other than destructive devices, a fee 

26 of $50 per year; or 

27 ‘‘(C) of ammunition for firearms, other than ammu28 nition for destructive devices or armor piercing ammu29 nition, a fee of $10 per year. 

30 ‘‘(2) If the applicant is an importer— 

31 ‘‘(A) of destructive devices, ammunition for destruc32 tive devices or armor piercing ammunition, a fee of 

33 $1,000 per year; or 

34 ‘‘(B) of firearms other than destructive devices or 

35 ammunition for firearms other than destructive devices, 

36 or ammunition other than armor piercing ammunition, 

37 a fee of $50 per year. 


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1 ‘‘(3) If the applicant is a dealer— 

2 ‘‘(A) in destructive devices or ammunition for de3 structive devices, a fee of $1,000 per year; or 

4 ‘‘(B) who is not a dealer in destructive devices, a fee 

5 of $200 for 3 years, except that the fee for renewal of 

6 a valid license shall be $90 for 3 years. 

7 ‘‘(b) Any person desiring to be licensed as a collector shall 

8 file an application for such license with the Attorney General. 

9 The application shall be in such form and contain only that in10 formation necessary to determine eligibility as the Attorney 

11 General shall by regulation prescribe. The fee for such license 

12 shall be $10 per year. Any license granted under this sub13 section shall only apply to transactions in curios and relics. 

14 ‘‘(c) Upon the filing of a proper application and payment of 

15 the prescribed fee, the Attorney General shall issue to a quali16 fied applicant the appropriate license which, subject to the pro17 visions of this chapter and other applicable provisions of law, 

18 shall entitle the licensee to transport, ship, and receive firearms 

19 and ammunition covered by such license in interstate or foreign 

20 commerce during the period stated in the license. Nothing in 

21 this chapter shall be construed to prohibit a licensed manufac22 turer, importer, or dealer from maintaining and disposing of a 

23 personal collection of firearms, subject only to such restrictions 

24 as apply in this chapter to dispositions by a person other than 

25 a licensed manufacturer, importer, or dealer. If any firearm is 

26 so disposed of by a licensee within one year after its transfer 

27 from his business inventory into such licensee’s personal collec28 tion or if such disposition or any other acquisition is made for 

29 the purpose of willfully evading the restrictions placed upon li30 censees by this chapter, then such firearm shall be deemed part 

31 of such licensee’s business inventory, except that any licensed 

32 manufacturer, importer, or dealer who has maintained a fire33 arm as part of a personal collection for one year and who sells 

34 or otherwise disposes of such firearm shall record the descrip35 tion of the firearm in a bound volume, containing the name and 

36 place of residence and date of birth of the transferee if the 

37 transferee is an individual, or the identity and principal and 


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1 local places of business of the transferee if the transferee is a 

2 corporation or other business entity: Provided, That no other 

3 recordkeeping shall be required. 

4 ‘‘(d)(1) Any application submitted under subsection (a) or 

5 (b) of this section shall be approved if— 

6 ‘‘(A) the applicant is twenty-one years of age or over; 

7 ‘‘(B) the applicant (including, in the case of a corpora8 tion, partnership, or association, any individual possessing, 

9 directly or indirectly, the power to direct or cause the direc10 tion of the management and policies of the corporation, 

11 partnership, or association) is not prohibited from trans12 porting, shipping, or receiving firearms or ammunition in 

13 interstate or foreign commerce under section 582(g) and 

14 (n); 

15 ‘‘(C) the applicant has not willfully violated any of the 

16 provisions of this chapter or regulations issued thereunder; 

17 ‘‘(D) the applicant has not willfully failed to disclose any 

18 material information required, or has not made any false 

19 statement as to any material fact, in connection with his 

20 application; 

21 ‘‘(E) the applicant has in a State (i) premises from 

22 which he conducts business subject to license under this 

23 chapter or from which he intends to conduct such business 

24 within a reasonable period of time, or (ii) in the case of a 

25 collector, premises from which he conducts his collecting 

26 subject to license under this chapter or from which he in27 tends to conduct such collecting within a reasonable period 

28 of time; 

29 ‘‘(F) the applicant certifies that— 

30 ‘‘(i) the business to be conducted under the license 

31 is not prohibited by State or local law in the place 

32 where the licensed premise is located; 

33 ‘‘(ii)(I) within 30 days after the application is ap34 proved the business will comply with the requirements 

35 of State and local law applicable to the conduct of the 

36 business; and 


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1 ‘‘(II) the business will not be conducted under the li2 cense until the requirements of State and local law ap3 plicable to the business have been met; and 

4 ‘‘(iii) that the applicant has sent or delivered a form 

5 to be prescribed by the Attorney General, to the chief 

6 law enforcement officer of the locality in which the 

7 premises are located, which indicates that the applicant 

8 intends to apply for a Federal firearms license; and 

9 ‘‘(G) in the case of an application to be licensed as a 

10 dealer, the applicant certifies that secure gun storage or 

11 safety devices will be available at any place in which fire12 arms are sold under the license to persons who are not li13 censees (subject to the exception that in any case in which 

14 a secure gun storage or safety device is temporarily un15 available because of theft, casualty loss, consumer sales, 

16 backorders from a manufacturer, or any other similar rea17 son beyond the control of the licensee, the dealer shall not 

18 be considered to be in violation of the requirement under 

19 this subparagraph to make available such a device). 

20 ‘‘(2) The Attorney General must approve or deny an applica21 tion for a license within the 60-day period beginning on the 

22 date it is received. If the Attorney General fails to act within 

23 such period, the applicant may file an action under section 

24 1361 of title 28 to compel the Attorney General to act. If the 

25 Attorney General approves an applicant’s application, such ap26 plicant shall be issued a license upon the payment of the pre27 scribed fee. 

28 ‘‘(e) The Attorney General may, after notice and opportunity 

29 for hearing, revoke any license issued under this section if the 

30 holder of such license has willfully violated any provision of this 

31 chapter or any rule or regulation prescribed by the Attorney 

32 General under this chapter or fails to have secure gun storage 

33 or safety devices available at any place in which firearms are 

34 sold under the license to persons who are not licensees (except 

35 that in any case in which a secure gun storage or safety device 

36 is temporarily unavailable because of theft, casualty loss, con37 sumer sales, backorders from a manufacturer, or any other 


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1 similar reason beyond the control of the licensee, the dealer 

2 shall not be considered to be in violation of the requirement to 

3 make available such a device). The Attorney General may, after 

4 notice and opportunity for hearing, revoke the license of a deal5 er who willfully transfers armor piercing ammunition. The At6 torney General’s action under this subsection may be reviewed 

7 only as provided in subsection (f) of this section. 

8 ‘‘(f)(1) Any person whose application for a license is denied 

9 and any holder of a license which is revoked shall receive a 

10 written notice from the Attorney General stating specifically 

11 the grounds upon which the application was denied or upon 

12 which the license was revoked. Any notice of a revocation of a 

13 license shall be given to the holder of such license before the 

14 effective date of the revocation. 

15 ‘‘(2) If the Attorney General denies an application for, or re16 vokes, a license, he shall, upon request by the aggrieved party, 

17 promptly hold a hearing to review his denial or revocation. In 

18 the case of a revocation of a license, the Attorney General shall 

19 upon the request of the holder of the license stay the effective 

20 date of the revocation. A hearing held under this paragraph 

21 shall be held at a location convenient to the aggrieved party. 

22 ‘‘(3) If after a hearing held under paragraph (2) the Attor23 ney General decides not to reverse his decision to deny an ap24 plication or revoke a license, the Attorney General shall give 

25 notice of his decision to the aggrieved party. The aggrieved 

26 party may at any time within sixty days after the date notice 

27 was given under this paragraph file a petition with the United 

28 States district court for the district in which he resides or has 

29 his principal place of business for a de novo judicial review of 

30 such denial or revocation. In a proceeding conducted under this 

31 subsection, the court may consider any evidence submitted by 

32 the parties to the proceeding whether or not such evidence was 

33 considered at the hearing held under paragraph (2). If the 

34 court decides that the Attorney General was not authorized to 

35 deny the application or to revoke the license, the court shall 

36 order the Attorney General to take such action as may be nec37 essary to comply with the judgment of the court. 


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1 ‘‘(4) If criminal proceedings are instituted against a licensee 

2 alleging any violation of this chapter or of rules or regulations 

3 prescribed under this chapter, and the licensee is acquitted of 

4 such charges, or such proceedings are terminated, other than 

5 upon motion of the Government before trial upon such charges, 

6 the Attorney General shall be absolutely barred from denying 

7 or revoking any license granted under this chapter where such 

8 denial or revocation is based in whole or in part on the facts 

9 which form the basis of such criminal charges. No proceedings 

10 for the revocation of a license shall be instituted by the Attor11 ney General more than one year after the filing of the indict12 ment or information. 

13 ‘‘(g)(1)(A) Each licensed importer, licensed manufacturer, 

14 and licensed dealer shall maintain such records of importation, 

15 production, shipment, receipt, sale, or other disposition of fire16 arms at his place of business for such period, and in such form, 

17 as the Attorney General may by regulations prescribe. Such im18 porters, manufacturers, and dealers shall not be required to 

19 submit to the Attorney General reports and information with 

20 respect to such records and the contents thereof, except as ex21 pressly required by this section. The Attorney General, when he 

22 has reasonable cause to believe a violation of this chapter has 

23 occurred and that evidence thereof may be found on such prem24 ises, may, upon demonstrating such cause before a Federal 

25 magistrate judge and securing from such magistrate judge a 

26 warrant authorizing entry, enter during business hours the 

27 premises (including places of storage) of any licensed firearms 

28 importer, licensed manufacturer, licensed dealer, licensed col29 lector, or any licensed importer or manufacturer of ammuni30 tion, for the purpose of inspecting or examining— 

31 ‘‘(i) any records or documents required to be kept by 

32 such licensed importer, licensed manufacturer, licensed 

33 dealer, or licensed collector under this chapter or rules or 

34 regulations under this chapter, and 

35 ‘‘(ii) any firearms or ammunition kept or stored by such 

36 licensed importer, licensed manufacturer, licensed dealer, or 

37 licensed collector, at such premises. 


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1 ‘‘(B) The Attorney General may inspect or examine the in2 ventory and records of a licensed importer, licensed manufac3 turer, or licensed dealer without such reasonable cause or war4 rant— 

5 ‘‘(i) in the course of a reasonable inquiry during the 

6 course of a criminal investigation of a person or persons 

7 other than the licensee; 

8 ‘‘(ii) for ensuring compliance with the record keeping re9 quirements of this chapter— 

10 ‘‘(I) not more than once during any 12-month pe11 riod; or 

12 ‘‘(II) at any time with respect to records relating to 

13 a firearm involved in a criminal investigation that is 

14 traced to the licensee; or 

15 ‘‘(iii) when such inspection or examination may be re16 quired for determining the disposition of one or more par17 ticular firearms in the course of a bona fide criminal inves18 tigation. 

19 ‘‘(C) The Attorney General may inspect the inventory and 

20 records of a licensed collector without such reasonable cause or 

21 warrant— 

22 ‘‘(i) for ensuring compliance with the record keeping re23 quirements of this chapter not more than once during any 

24 twelve-month period; or 

25 ‘‘(ii) when such inspection or examination may be re26 quired for determining the disposition of one or more par27 ticular firearms in the course of a bona fide criminal inves28 tigation. 

29 ‘‘(D) At the election of a licensed collector, the annual in30 spection of records and inventory permitted under this para31 graph shall be performed at the office of the Attorney General 

32 designated for such inspections which is located in closest prox33 imity to the premises where the inventory and records of such 

34 licensed collector are maintained. The inspection and examina35 tion authorized by this paragraph shall not be construed as au36 thorizing the Attorney General to seize any records or other 

37 documents other than those records or documents constituting 


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1 material evidence of a violation of law. If the Attorney General 

2 seizes such records or documents, copies shall be provided the 

3 licensee within a reasonable time. The Attorney General may 

4 make available to any Federal, State, or local law enforcement 

5 agency any information which he may obtain by reason of this 

6 chapter with respect to the identification of persons prohibited 

7 from purchasing or receiving firearms or ammunition who have 

8 purchased or received firearms or ammunition, together with a 

9 description of such firearms or ammunition, and he may pro10 vide information to the extent such information may be con11 tained in the records required to be maintained by this chapter, 

12 when so requested by any Federal, State, or local law enforce13 ment agency. 

14 ‘‘(2) Each licensed collector shall maintain in a bound vol15 ume the nature of which the Attorney General may by regula16 tions prescribe, records of the receipt, sale, or other disposition 

17 of firearms. Such records shall include the name and address 

18 of any person to whom the collector sells or otherwise disposes 

19 of a firearm. Such collector shall not be required to submit to 

20 the Attorney General reports and information with respect to 

21 such records and the contents thereof, except as expressly re22 quired by this section. 

23 ‘‘(3)(A) Each licensee shall prepare a report of multiple sales 

24 or other dispositions whenever the licensee sells or otherwise 

25 disposes of, at one time or during any five consecutive business 

26 days, two or more pistols, or revolvers, or any combination of 

27 pistols and revolvers totalling two or more, to an unlicensed 

28 person. The report shall be prepared on a form specified by the 

29 Attorney General and forwarded to the office specified thereon 

30 and to the department of State police or State law enforcement 

31 agency of the State or local law enforcement agency of the local 

32 jurisdiction in which the sale or other disposition took place, 

33 not later than the close of business on the day that the multiple 

34 sale or other disposition occurs. 

35 ‘‘(B) Except in the case of forms and contents thereof re36 garding a purchaser who is prohibited by subsection (g) or (n) 

37 of section 582 of this title from receipt of a firearm, the deVerDate Nov 24 2008 02:54 Apr 08, 2009 Jkt 079200 PO 00000 Frm 00216 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 partment of State police or State law enforcement agency or 

2 local law enforcement agency of the local jurisdiction shall not 

3 disclose any such form or the contents thereof to any person 

4 or entity, and shall destroy each such form and any record of 

5 the contents thereof no more than 20 days from the date such 

6 form is received. No later than the date that is 6 months after 

7 the effective date of this subparagraph, and at the end of each 

8 6-month period thereafter, the department of State police or 

9 State law enforcement agency or local law enforcement agency 

10 of the local jurisdiction shall certify to the Attorney General of 

11 the United States that no disclosure contrary to this subpara12 graph has been made and that all forms and any record of the 

13 contents thereof have been destroyed as provided in this sub14 paragraph. 

15 ‘‘(4) Where a firearms or ammunition business is discon16 tinued and succeeded by a new licensee, the records required 

17 to be kept by this chapter shall appropriately reflect such facts 

18 and shall be delivered to the successor. Where discontinuance 

19 of the business is absolute, such records shall be delivered with20 in thirty days after the business discontinuance to the Attorney 

21 General. However, where State law or local ordinance requires 

22 the delivery of records to other responsible authority, the Attor23 ney General may arrange for the delivery of such records to 

24 such other responsible authority. 

25 ‘‘(5)(A) Each licensee shall, when required by letter issued 

26 by the Attorney General, and until notified to the contrary in 

27 writing by the Attorney General, submit on a form specified by 

28 the Attorney General, for periods and at the times specified in 

29 such letter, all record information required to be kept by this 

30 chapter or such lesser record information as the Attorney Gen31 eral in such letter may specify. 

32 ‘‘(B) The Attorney General may authorize such record infor33 mation to be submitted in a manner other than that prescribed 

34 in subparagraph (A) of this paragraph when it is shown by a 

35 licensee that an alternate method of reporting is reasonably 

36 necessary and will not unduly hinder the effective administra37 tion of this chapter. A licensee may use an alternate method 


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1 of reporting if the licensee describes the proposed alternate 

2 method of reporting and the need therefor in a letter applica3 tion submitted to the Attorney General, and the Attorney Gen4 eral approves such alternate method of reporting. 

5 ‘‘(6) Each licensee shall report the theft or loss of a firearm 

6 from the licensee’s inventory or collection, within 48 hours after 

7 the theft or loss is discovered, to the Attorney General and to 

8 the appropriate local authorities. 

9 ‘‘(7) Each licensee shall respond immediately to, and in no 

10 event later than 24 hours after the receipt of, a request by the 

11 Attorney General for information contained in the records re12 quired to be kept by this chapter as may be required for deter13 mining the disposition of 1 or more firearms in the course of 

14 a bona fide criminal investigation. The requested information 

15 shall be provided orally or in writing, as the Attorney General 

16 may require. The Attorney General shall implement a system 

17 whereby the licensee can positively identify and establish that 

18 an individual requesting information via telephone is employed 

19 by and authorized by the agency to request such information. 

20 ‘‘(h) Licenses issued under the provisions of subsection (c) 

21 of this section shall be kept posted and kept available for in22 spection on the premises covered by the license. 

23 ‘‘(i) Licensed importers and licensed manufacturers shall 

24 identify by means of a serial number engraved or cast on the 

25 receiver or frame of the weapon, in such manner as the Attor26 ney General shall by regulations prescribe, each firearm im27 ported or manufactured by such importer or manufacturer. 

28 ‘‘(j) A licensed importer, licensed manufacturer, or licensed 

29 dealer may, under rules or regulations prescribed by the Attor30 ney General, conduct business temporarily at a location other 

31 than the location specified on the license if such temporary lo32 cation is the location for a gun show or event sponsored by any 

33 national, State, or local organization, or any affiliate of any 

34 such organization devoted to the collection, competitive use, or 

35 other sporting use of firearms in the community, and such loca36 tion is in the State which is specified on the license. Records 

37 of receipt and disposition of firearms transactions conducted at 


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1 such temporary location shall include the location of the sale 

2 or other disposition and shall be entered in the permanent 

3 records of the licensee and retained on the location specified on 

4 the license. Nothing in this subsection shall authorize any li5 censee to conduct business in or from any motorized or towed 

6 vehicle. Notwithstanding the provisions of subsection (a) of this 

7 section, a separate fee shall not be required of a licensee with 

8 respect to business conducted under this subsection. Any in9 spection or examination of inventory or records under this 

10 chapter by the Attorney General at such temporary location 

11 shall be limited to inventory consisting of, or records relating 

12 to, firearms held or disposed at such temporary location. Noth13 ing in this subsection shall be construed to authorize the Attor14 ney General to inspect or examine the inventory or records of 

15 a licensed importer, licensed manufacturer, or licensed dealer at 

16 any location other than the location specified on the license. 

17 Nothing in this subsection shall be construed to diminish in 

18 any manner any right to display, sell, or otherwise dispose of 

19 firearms or ammunition, which is in effect before the date of 

20 the enactment of the Firearms Owners’ Protection Act, includ21 ing the right of a licensee to conduct ‘curios or relics’ firearms 

22 transfers and business away from their business premises with 

23 another licensee without regard as to whether the location of 

24 where the business is conducted is located in the State specified 

25 on the license of either licensee. 

26 ‘‘(k) Licensed importers and licensed manufacturers shall 

27 mark all armor piercing projectiles and packages containing 

28 such projectiles for distribution in the manner prescribed by 

29 the Attorney General by regulation. The Attorney General shall 

30 furnish information to each dealer licensed under this chapter 

31 defining which projectiles are considered armor piercing ammu32 nition. 

33 ‘‘(l) The Attorney General shall notify the chief law enforce34 ment officer in the appropriate State and local jurisdictions of 

35 the names and addresses of all persons in the State to whom 

36 a firearms license is issued. 


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1 ‘‘§ 584. Penalties 

2 ‘‘(a)(1) Except as otherwise provided in this subsection, sub3 section (b), (c), (f), or (p) of this section, or in section 592, 

4 whoever— 

5 ‘‘(A) knowingly makes any false statement or representa6 tion with respect to the information required by this chap7 ter to be kept in the records of a person licensed under this 

8 chapter or in applying for any license or exemption or relief 

9 from disability under the provisions of this chapter; 

10 ‘‘(B) knowingly violates subsection (a)(4), (f), (k), or (q) 

11 of section 582; 

12 ‘‘(C) knowingly imports or brings into the United States 

13 or any possession thereof any firearm or ammunition in 

14 violation of section 582(l); or 

15 ‘‘(D) knowingly violates any other provision of this chap16 ter, 

17 shall be imprisoned not more than five years. 

18 ‘‘(2) Whoever knowingly violates subsection (a)(6), (d), (g), 

19 (h), (i), (j), or (o) of section 582 shall be imprisoned not more 

20 than 10 years. 

21 ‘‘(3) Any licensed dealer, licensed importer, licensed manu22 facturer, or licensed collector who knowingly— 

23 ‘‘(A) makes any false statement or representation with 

24 respect to the information required by the provisions of this 

25 chapter to be kept in the records of a person licensed under 

26 this chapter, or 

27 ‘‘(B) violates subsection (m) of section 582, 

28 shall be imprisoned not more than one year. 

29 ‘‘(4) Whoever violates section 582(q) shall be imprisoned for 

30 not more than 5 years. Notwithstanding any other provision of 

31 law, the term of imprisonment imposed under this paragraph 

32 shall not run concurrently with any other term of imprisonment 

33 imposed under any other provision of law. Except for the au34 thorization of a term of imprisonment of not more than 5 years 

35 made in this paragraph, for the purpose of any other law a vio36 lation of section 582(q) shall be deemed to be a misdemeanor. 


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1 ‘‘(5) Whoever knowingly violates subsection (s) or (t) of sec2 tion 582 shall be imprisoned for not more than 1 year. 

3 ‘‘(6)(A)(i) A juvenile who violates section 582(x) shall be im4 prisoned not more than 1 year, except that a juvenile described 

5 in clause (ii) shall be sentenced to probation on appropriate 

6 conditions and shall not be incarcerated unless the juvenile fails 

7 to comply with a condition of probation. 

8 ‘‘(ii) A juvenile is described in this clause if— 

9 ‘‘(I) the offense of which the juvenile is charged is pos10 session of a handgun or ammunition in violation of section 

11 582(x)(2); and 

12 ‘‘(II) the juvenile has not been convicted in any court of 

13 an offense (including an offense under section 582(x) or a 

14 similar State law, but not including any other offense con15 sisting of conduct that if engaged in by an adult would not 

16 constitute an offense) or adjudicated as a juvenile delin17 quent for conduct that if engaged in by an adult would con18 stitute an offense. 

19 ‘‘(B) A person other than a juvenile who knowingly violates 

20 section 582(x)— 

21 ‘‘(i) shall be imprisoned not more than 1 year; and 

22 ‘‘(ii) if the person sold, delivered, or otherwise trans23 ferred a handgun or ammunition to a juvenile knowing or 

24 having reasonable cause to know that the juvenile intended 

25 to carry or otherwise possess or discharge or otherwise use 

26 the handgun or ammunition in the commission of a crime 

27 of violence, shall be imprisoned not more than 10 years. 

28 ‘‘(7) Whoever knowingly violates section 594 shall be impris29 oned not more than 3 years. 

30 ‘‘(b) Whoever, with intent to commit therewith an offense 

31 punishable by imprisonment for a term exceeding one year, or 

32 with knowledge or reasonable cause to believe that an offense 

33 punishable by imprisonment for a term exceeding one year is 

34 to be committed therewith, ships, transports, or receives a fire35 arm or any ammunition in interstate or foreign commerce shall 

36 be imprisoned not more than ten years. 


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1 ‘‘(c)(1)(A) Except to the extent that a greater minimum sen2 tence is otherwise provided by this subsection or by any other 

3 provision of law, whoever, during and in relation to any crime 

4 of violence or drug trafficking crime (including a crime of vio5 lence or drug trafficking crime that provides for an enhanced 

6 punishment if committed by the use of a deadly or dangerous 

7 weapon or device) for which the person may be prosecuted in 

8 a court of the United States, uses or carries a firearm, or who, 

9 in furtherance of any such crime, possesses a firearm, shall, in 

10 addition to the punishment provided for such crime of violence 

11 or drug trafficking crime— 

12 ‘‘(i) be sentenced to a term of imprisonment of not less 

13 than 5 years; 

14 ‘‘(ii) if the firearm is brandished, be sentenced to a term 

15 of imprisonment of not less than 7 years; and 

16 ‘‘(iii) if the firearm is discharged, be sentenced to a term 

17 of imprisonment of not less than 10 years. 

18 ‘‘(B) If the firearm possessed by a person convicted of a vio19 lation of this subsection— 

20 ‘‘(i) is a short-barreled rifle, short-barreled shotgun, or 

21 semiautomatic assault weapon, the person shall be sen22 tenced to a term of imprisonment of not less than 10 years; 

23 or 

24 ‘‘(ii) is a machinegun or a destructive device, or is 

25 equipped with a firearm silencer or firearm muffler, the 

26 person shall be sentenced to a term of imprisonment of not 

27 less than 30 years. 

28 ‘‘(C) In the case of a second or subsequent conviction under 

29 this subsection, the person shall— 

30 ‘‘(i) be sentenced to a term of imprisonment of not less 

31 than 25 years; and 

32 ‘‘(ii) if the firearm involved is a machinegun or a de33 structive device, or is equipped with a firearm silencer or 

34 firearm muffler, be sentenced to imprisonment for life. 

35 ‘‘(D) Notwithstanding any other provision of law— 

36 ‘‘(i) a court shall not place on probation any person con37 victed of a violation of this subsection; and 


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1 ‘‘(ii) no term of imprisonment imposed on a person 

2 under this subsection shall run concurrently with any other 

3 term of imprisonment imposed on the person, including any 

4 term of imprisonment imposed for the crime of violence or 

5 drug trafficking crime during which the firearm was used, 

6 carried, or possessed. 

7 ‘‘(2) For purposes of this subsection, the term ‘drug traf8 ficking crime’ means any felony punishable under the Con9 trolled Substances Act (21 U.S.C. 801 et seq.), the Controlled 

10 Substances Import and Export Act (21 U.S.C. 951 et seq.), or 

11 the Maritime Drug Law Enforcement Act (46 U.S.C. App. 

12 1901 et seq.). 

13 ‘‘(3) For purposes of this subsection the term ‘crime of vio14 lence’ means an offense that is a felony and— 

15 ‘‘(A) has as an element the use, attempted use, or 

16 threatened use of physical force against the person or prop17 erty of another, or 

18 ‘‘(B) that by its nature, involves a substantial risk that 

19 physical force against the person or property of another 

20 may be used in the course of committing the offense. 

21 ‘‘(4) For purposes of this subsection, the term ‘brandish’ 

22 means, with respect to a firearm, to display all or part of the 

23 firearm, or otherwise make the presence of the firearm known 

24 to another person, in order to intimidate that person, regard25 less of whether the firearm is directly visible to that person. 

26 ‘‘(5) Except to the extent that a greater minimum sentence 

27 is otherwise provided under this subsection, or by any other 

28 provision of law, whoever, during and in relation to any crime 

29 of violence or drug trafficking crime (including a crime of vio30 lence or drug trafficking crime that provides for an enhanced 

31 punishment if committed by the use of a deadly or dangerous 

32 weapon or device) for which the person may be prosecuted in 

33 a court of the United States, uses or carries armor piercing 

34 ammunition, or who, in furtherance of any such crime, pos35 sesses armor piercing ammunition, shall, in addition to the 

36 punishment provided for such crime of violence or drug traf37 ficking crime or conviction under this section— 


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1 ‘‘(A) be sentenced to a term of imprisonment of not less 

2 than 15 years; and 

3 ‘‘(B) if death results from the use of such ammunition 

4 be punished as provided in section 101. 

5 ‘‘(d)(1) Any firearm or ammunition involved in or used in 

6 any knowing violation of subsection (a)(4), (a)(6), (f), (g), (h), 

7 (i), (j), or (k) of section 582, or knowing importation or bring8 ing into the United States or any possession thereof any fire9 arm or ammunition in violation of section 582(l), or knowing 

10 violation of section 584, or willful violation of any other provi11 sion of this chapter or any rule or regulation promulgated 

12 thereunder, or any violation of any other criminal law of the 

13 United States, or any firearm or ammunition intended to be 

14 used in any offense referred to in paragraph (3) of this sub15 section, where such intent is demonstrated by clear and con16 vincing evidence, shall be subject to seizure and forfeiture, and 

17 all provisions of the Internal Revenue Code of 1986 relating to 

18 the seizure, forfeiture, and disposition of firearms, as defined 

19 in section 5845(a) of that Code, shall, so far as applicable, ex20 tend to seizures and forfeitures under the provisions of this 

21 chapter: Provided, That upon acquittal of the owner or pos22 sessor, or dismissal of the charges against him other than upon 

23 motion of the Government prior to trial, or lapse of or court 

24 termination of the restraining order to which he is subject, the 

25 seized or relinquished firearms or ammunition shall be returned 

26 forthwith to the owner or possessor or to a person delegated 

27 by the owner or possessor unless the return of the firearms or 

28 ammunition would place the owner or possessor or his delegate 

29 in violation of law. Any action or proceeding for the forfeiture 

30 of firearms or ammunition shall be commenced within one hun31 dred and twenty days of such seizure. 

32 ‘‘(2)(A) In any action or proceeding for the return of fire33 arms or ammunition seized under the provisions of this chap34 ter, the court shall allow the prevailing party, other than the 

35 United States, a reasonable attorney’s fee, and the United 

36 States shall be liable therefor. 


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1 ‘‘(B) In any other action or proceeding under the provisions 

2 of this chapter, the court, when it finds that such action was 

3 without foundation, or was initiated vexatiously, frivolously, or 

4 in bad faith, shall allow the prevailing party, other than the 

5 United States, a reasonable attorney’s fee, and the United 

6 States shall be liable therefor. 

7 ‘‘(C) Only those firearms or quantities of ammunition par8 ticularly named and individually identified as involved in or 

9 used in any violation of the provisions of this chapter or any 

10 rule or regulation issued thereunder, or any other criminal law 

11 of the United States or as intended to be used in any offense 

12 referred to in paragraph (3) of this subsection, where such in13 tent is demonstrated by clear and convincing evidence, shall be 

14 subject to seizure, forfeiture, and disposition. 

15 ‘‘(D) The United States shall be liable for attorneys’ fees 

16 under this paragraph only to the extent provided in advance by 

17 appropriation Acts. 

18 ‘‘(3) The offenses referred to in paragraphs (1) and (2)(C) 

19 of this subsection are— 

20 ‘‘(A) any crime of violence, as that term is defined in 

21 section 584(c)(3) of this title; 

22 ‘‘(B) any offense punishable under the Controlled Sub23 stances Act (21 U.S.C. 801 et seq.) or the Controlled Sub24 stances Import and Export Act (21 U.S.C. 951 et seq.); 

25 ‘‘(C) any offense described in section 582(a)(1), 

26 582(a)(3), 582(a)(5), or 582(b)(3) of this title, where the 

27 firearm or ammunition intended to be used in any such of28 fense is involved in a pattern of activities which includes a 

29 violation of any offense described in section 582(a)(1), 

30 582(a)(3), 582(a)(5), or 582(b)(3) of this title; 

31 ‘‘(D) any offense described in section 582(d) of this title 

32 where the firearm or ammunition is intended to be used in 

33 such offense by the transferor of such firearm or ammuni34 tion; 

35 ‘‘(E) any offense described in section 582(i), 582(j), 

36 582(l), 582(n), or 584(b) of this title; and 


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1 ‘‘(F) any offense which may be prosecuted in a court of 

2 the United States which involves the exportation of fire3 arms or ammunition. 

4 ‘‘(e)(1) In the case of a person who violates section 582(g) 

5 of this title and has three previous convictions by any court re6 ferred to in section 582(g)(1) of this title for a violent felony 

7 or a serious drug offense, or both, committed on occasions dif8 ferent from one another, such person shall be imprisoned not 

9 less than fifteen years, and, notwithstanding any other provi10 sion of law, the court shall not suspend the sentence of, or 

11 grant a probationary sentence to, such person with respect to 

12 the conviction under section 582(g). 

13 ‘‘(2) As used in this subsection— 

14 ‘‘(A) the term ‘serious drug offense’ means— 

15 ‘‘(i) an offense under chapter 17 or the Maritime 

16 Drug Law Enforcement Act (46 U.S.C. App. 1901 et 

17 seq.) for which a maximum term of imprisonment of 

18 ten years or more is prescribed by law; or 

19 ‘‘(ii) an offense under State law, involving manufac20 turing, distributing, or possessing with intent to manu21 facture or distribute, a controlled substance (as defined 

22 in section 102 of the Controlled Substances Act (21 

23 U.S.C. 802)), for which a maximum term of imprison24 ment of ten years or more is prescribed by law; 

25 ‘‘(B) the term ‘violent felony’ means any crime punish26 able by imprisonment for a term exceeding one year, or any 

27 act of juvenile delinquency involving the use or carrying of 

28 a firearm, knife, or destructive device that would be punish29 able by imprisonment for such term if committed by an 

30 adult, that— 

31 ‘‘(i) has as an element the use, attempted use, or 

32 threatened use of physical force against the person of 

33 another; or 

34 ‘‘(ii) is burglary, arson, or extortion, involves use of 

35 explosives, or otherwise involves conduct that presents 

36 a serious potential risk of physical injury to another; 

37 and 


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1 ‘‘(C) the term ‘conviction’ includes a finding that a per2 son has committed an act of juvenile delinquency involving 

3 a violent felony. 

4 ‘‘(f) In the case of a person who knowingly violates section 

5 582(p), such person shall be or imprisoned not more than 5 

6 years. 

7 ‘‘(g) Whoever, with the intent to engage in conduct which— 

8 ‘‘(1) constitutes an offense listed in section 1961(1), 

9 ‘‘(2) is punishable under chapter 17 or the Maritime 

10 Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.), 

11 ‘‘(3) violates any State law relating to any controlled 

12 substance (as defined in section 102(6) of the Controlled 

13 Substances Act (21 U.S.C. 802(6))), or 

14 ‘‘(4) constitutes a crime of violence (as defined in sub15 section (c)(3)), 

16 travels from any State or foreign country into any other State 

17 and acquires, transfers, or attempts to acquire or transfer, a 

18 firearm in such other State in furtherance of such purpose, 

19 shall be imprisoned not more than 10 years. 

20 ‘‘(h) Whoever knowingly transfers a firearm, knowing that 

21 such firearm will be used to commit a crime of violence (as de22 fined in subsection (c)(3)) or drug trafficking crime (as defined 

23 in subsection (c)(2)) shall be imprisoned not more than 10 

24 years. 

25 ‘‘(i)(1) A person who knowingly violates section 582(u) shall 

26 be imprisoned not more than 10 years. 

27 ‘‘(2) Nothing contained in this subsection shall be construed 

28 as indicating an intent on the part of Congress to occupy the 

29 field in which provisions of this subsection operate to the exclu30 sion of State laws on the same subject matter, nor shall any 

31 provision of this subsection be construed as invalidating any 

32 provision of State law unless such provision is inconsistent with 

33 any of the purposes of this subsection. 

34 ‘‘(j) A person who, in the course of a violation of subsection 

35 (c), causes the death of a person through the use of a firearm, 

36 shall— 


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1 ‘‘(1) if the killing is a murder (as defined in section 

2 1111), be punished by death or by imprisonment for any 

3 term of years or for life; and 

4 ‘‘(2) if the killing is manslaughter (as defined in section 

5 1112), be punished as provided in that section. 

6 ‘‘(k) A person who, with intent to engage in or to promote 

7 conduct that— 

8 ‘‘(1) is punishable under chapter 17 or the Maritime 

9 Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.); 

10 ‘‘(2) violates any law of a State relating to any controlled 

11 substance (as defined in section 102 of the Controlled Sub12 stances Act, 21 U.S.C. 802); or 

13 ‘‘(3) constitutes a crime of violence (as defined in sub14 section (c)(3)), 

15 smuggles or knowingly brings into the United States a firearm, 

16 or attempts to do so, shall be imprisoned not more than 10 

17 years. 

18 ‘‘(l) A person who steals any firearm which is moving as, or 

19 is a part of, or which has moved in, interstate or foreign com20 merce shall be imprisoned for not more than 10 years. 

21 ‘‘(m) A person who steals any firearm from a licensed im22 porter, licensed manufacturer, licensed dealer, or licensed col23 lector shall be imprisoned not more than 10 years. 

24 ‘‘(n) A person who, with the intent to engage in conduct that 

25 constitutes a violation of section 582(a)(1)(A), travels from any 

26 State or foreign country into any other State and acquires, or 

27 attempts to acquire, a firearm in such other State in further28 ance of such purpose shall be imprisoned for not more than 10 

29 years. 

30 ‘‘(o) A person who conspires to commit an offense under sub31 section (c) shall be imprisoned for not more than 20 years; and 

32 if the firearm is a machinegun or destructive device, or is 

33 equipped with a firearm silencer or muffler, shall be imprisoned 

34 for any term of years or life. 

35 ‘‘(p) PENALTIES RELATING TO SECURE GUN STORAGE OR

36 SAFETY DEVICE.— 

37 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) SUSPENSION OR REVOCATION OF LICENSE; 

2 CIVIL PENALTIES.—With respect to each violation of 

3 section 922(z)(1) by a licensed manufacturer, licensed 

4 importer, or licensed dealer, the Secretary may, after 

5 notice and opportunity for hearing— 

6 ‘‘(i) suspend for not more than 6 months, or re7 voke, the license issued to the licensee under this 

8 chapter that was used to conduct the firearms 

9 transfer; or 

10 ‘‘(ii) subject the licensee to a civil penalty in an 

11 amount equal to not more than $2,500. 

12 ‘‘(B) REVIEW.—An action of the Secretary under 

13 this paragraph may be reviewed only as provided under 

14 section 923(f). 

15 ‘‘(2) ADMINISTRATIVE REMEDIES.—The suspension or 

16 revocation of a license or the imposition of a civil penalty 

17 under paragraph (1) shall not preclude any administrative 

18 remedy that is otherwise available to the Secretary. 

19 ‘‘§ 585. Exceptions: Relief from disabilities 

20 ‘‘(a)(1) The provisions of this chapter, except for sections 

21 582(d)(9) and 582(g)(9) and provisions relating to firearms 

22 subject to the prohibitions of section 582(p), shall not apply 

23 with respect to the transportation, shipment, receipt, posses24 sion, or importation of any firearm or ammunition imported 

25 for, sold or shipped to, or issued for the use of, the United 

26 States or any department or agency thereof or any State or 

27 any department, agency, or political subdivision thereof. 

28 ‘‘(2) The provisions of this chapter, except for provisions re29 lating to firearms subject to the prohibitions of section 582(p), 

30 shall not apply with respect to (A) the shipment or receipt of 

31 firearms or ammunition when sold or issued by the Secretary 

32 of the Army pursuant to section 4308 of title 10 before the re33 peal of such section by section 1624(a) of the Corporation for 

34 the Promotion of Rifle Practice and Firearms Safety Act, and 

35 (B) the transportation of any such firearm or ammunition car36 ried out to enable a person, who lawfully received such firearm 


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1 or ammunition from the Secretary of the Army, to engage in 

2 military training or in competitions. 

3 ‘‘(3) Unless otherwise prohibited by this chapter, except for 

4 provisions relating to firearms subject to the prohibitions of 

5 section 582(p), or any other Federal law, a licensed importer, 

6 licensed manufacturer, or licensed dealer may ship to a member 

7 of the United States Armed Forces on active duty outside the 

8 United States or to clubs, recognized by the Department of De9 fense, whose entire membership is composed of such members, 

10 and such members or clubs may receive a firearm or ammuni11 tion determined by the Attorney General to be generally recog12 nized as particularly suitable for sporting purposes and in13 tended for the personal use of such member or club. 

14 ‘‘(4) When established to the satisfaction of the Attorney 

15 General to be consistent with the provisions of this chapter, ex16 cept for provisions relating to firearms subject to the prohibi17 tions of section 582(p), and other applicable Federal and State 

18 laws and published ordinances, the Attorney General may au19 thorize the transportation, shipment, receipt, or importation 

20 into the United States to the place of residence of any member 

21 of the United States Armed Forces who is on active duty out22 side the United States (or who has been on active duty outside 

23 the United States within the 60-day period immediately pre24 ceding the transportation, shipment, receipt, or importation), of 

25 any firearm or ammunition which is (A) determined by the At26 torney General to be generally recognized as particularly suit27 able for sporting purposes, or determined by the Department 

28 of Defense to be a type of firearm normally classified as a war 

29 souvenir, and (B) intended for the personal use of such mem30 ber. 

31 ‘‘(5) For the purpose of paragraph (3), the term ‘United 

32 States’ means each of the several States and the District of Co33 lumbia. 

34 ‘‘(b) A licensed importer, licensed manufacturer, licensed 

35 dealer, or licensed collector who is indicted for a crime punish36 able by imprisonment for a term exceeding one year, may, not37 withstanding any other provision of this chapter, continue operVerDate Nov 24 2008 02:54 Apr 08, 2009 Jkt 079200 PO 00000 Frm 00230 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 ation pursuant to his existing license (if prior to the expiration 

2 of the term of the existing license timely application is made 

3 for a new license) during the term of such indictment and until 

4 any conviction pursuant to the indictment becomes final. 

5 ‘‘(c) A person who is prohibited from possessing, shipping, 

6 transporting, or receiving firearms or ammunition may make 

7 application to the Attorney General for relief from the disabil8 ities imposed by Federal laws with respect to the acquisition, 

9 receipt, transfer, shipment, transportation, or possession of 

10 firearms, and the Attorney General may grant such relief if it 

11 is established to his satisfaction that the circumstances regard12 ing the disability, and the applicant’s record and reputation, 

13 are such that the applicant will not be likely to act in a manner 

14 dangerous to public safety and that the granting of the relief 

15 would not be contrary to the public interest. Any person whose 

16 application for relief from disabilities is denied by the Attorney 

17 General may file a petition with the United States district 

18 court for the district in which he resides for a judicial review 

19 of such denial. The court may in its discretion admit additional 

20 evidence where failure to do so would result in a miscarriage 

21 of justice. A licensed importer, licensed manufacturer, licensed 

22 dealer, or licensed collector conducting operations under this 

23 chapter, who makes application for relief from the disabilities 

24 incurred under this chapter, shall not be barred by such dis25 ability from further operations under his license pending final 

26 action on an application for relief filed pursuant to this section. 

27 Whenever the Attorney General grants relief to any person pur28 suant to this section he shall promptly publish in the Federal 

29 Register notice of such action, together with the reasons there30 for. 

31 ‘‘(d) The Attorney General shall authorize a firearm or am32 munition to be imported or brought into the United States or 

33 any possession thereof if the firearm or ammunition— 

34 ‘‘(1) is being imported or brought in for scientific or re35 search purposes, or is for use in connection with competi36 tion or training pursuant to chapter 401 of title 10; 


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1 ‘‘(2) is an unserviceable firearm, other than a machine2 gun as defined in section 5845(b) of the Internal Revenue 

3 Code of 1986 (not readily restorable to firing condition), 

4 imported or brought in as a curio or museum piece; 

5 ‘‘(3) is of a type that does not fall within the definition 

6 of a firearm as defined in section 5845(a) of the Internal 

7 Revenue Code of 1986 and is generally recognized as par8 ticularly suitable for or readily adaptable to sporting pur9 poses, excluding surplus military firearms, except in any 

10 case where the Attorney General has not authorized the im11 portation of the firearm pursuant to this paragraph, it 

12 shall be unlawful to import any frame, receiver, or barrel 

13 of such firearm which would be prohibited if assembled; or 

14 ‘‘(4) was previously taken out of the United States or a 

15 possession by the person who is bringing in the firearm or 

16 ammunition. 

17 The Attorney General shall permit the conditional importation 

18 or bringing in of a firearm or ammunition for examination and 

19 testing in connection with the making of a determination as to 

20 whether the importation or bringing in of such firearm or am21 munition will be allowed under this subsection. 

22 ‘‘(e) Notwithstanding any other provision of this title, the 

23 Attorney General shall authorize the importation of, by any li24 censed importer, the following: 

25 ‘‘(1) All rifles and shotguns listed as curios or relics by 

26 the Attorney General pursuant to section 581(11), and 

27 ‘‘(2) All handguns, listed as curios or relics by the Attor28 ney General pursuant to section 581(11), provided that 

29 such handguns are generally recognized as particularly 

30 suitable for or readily adaptable to sporting purposes. 

31 ‘‘(f) The Attorney General shall not authorize, under sub32 section (d), the importation of any firearm the importation of 

33 which is prohibited by section 582(p). 

34 ‘‘§ 586. Remedy for erroneous denial of firearm 

35 ‘‘Any person denied a firearm pursuant to subsection (s) or 

36 (t) of section 582— 


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1 ‘‘(1) due to the provision of erroneous information relat2 ing to the person by any State or political subdivision 

3 thereof, or by the national instant criminal background 

4 check system established under section 103 of the Brady 

5 Handgun Violence Prevention Act; or 

6 ‘‘(2) who was not prohibited from receipt of a firearm 

7 pursuant to subsection (g) or (n) of section 582, 

8 may bring an action against the State or political subdivision 

9 responsible for providing the erroneous information, or respon10 sible for denying the transfer, or against the United States, as 

11 the case may be, for an order directing that the erroneous in12 formation be corrected or that the transfer be approved, as the 

13 case may be. In any action under this section, the court, in its 

14 discretion, may allow the prevailing party a reasonable attor15 ney’s fee as part of the costs. 

16 ‘‘§ 587. Rules and regulations 

17 ‘‘(a) The Attorney General may prescribe only such rules and 

18 regulations as are necessary to carry out the provisions of this 

19 chapter, including— 

20 ‘‘(1) regulations providing that a person licensed under 

21 this chapter, when dealing with another person so licensed, 

22 shall provide such other licensed person a certified copy of 

23 this license; 

24 ‘‘(2) regulations providing for the issuance, at a reason25 able cost, to a person licensed under this chapter, of cer26 tified copies of his license for use as provided under regula27 tions issued under paragraph (1) of this subsection; and 

28 ‘‘(3) regulations providing for effective receipt and secure 

29 storage of firearms relinquished by or seized from persons 

30 described in subsection (d)(8) or (g)(8) of section 582. 

31 No such rule or regulation prescribed after the date of the en32 actment of the Firearms Owners’ Protection Act may require 

33 that records required to be maintained under this chapter or 

34 any portion of the contents of such records, be recorded at or 

35 transferred to a facility owned, managed, or controlled by the 

36 United States or any State or any political subdivision thereof, 

37 nor that any system of registration of firearms, firearms ownVerDate Nov 24 2008 02:54 Apr 08, 2009 Jkt 079200 PO 00000 Frm 00233 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 ers, or firearms transactions or dispositions be established. 

2 Nothing in this section expands or restricts the Attorney Gen3 eral’s authority to inquire into the disposition of any firearm 

4 in the course of a criminal investigation. 

5 ‘‘(b) The Attorney General shall give not less than ninety 

6 days public notice, and shall afford interested parties oppor7 tunity for hearing, before prescribing such rules and regula8 tions. 

9 ‘‘(c) The Attorney General shall not prescribe rules or regu10 lations that require purchasers of black powder under the ex11 emption provided in section 615 to complete affidavits or forms 

12 attesting to that exemption. 

13 ‘‘§ 588. Interstate transportation of firearms 

14 ‘‘Notwithstanding any other provision of any law or any rule 

15 or regulation of a State or any political subdivision thereof, any 

16 person who is not otherwise prohibited by this chapter from 

17 transporting, shipping, or receiving a firearm shall be entitled 

18 to transport a firearm for any lawful purpose from any place 

19 where he may lawfully possess and carry such firearm to any 

20 other place where he may lawfully possess and carry such fire21 arm if, during such transportation the firearm is unloaded, and 

22 neither the firearm nor any ammunition being transported is 

23 readily accessible or is directly accessible from the passenger 

24 compartment of such transporting vehicle: Provided, That in 

25 the case of a vehicle without a compartment separate from the 

26 driver’s compartment the firearm or ammunition shall be con27 tained in a locked container other than the glove compartment 

28 or console. 

29 ‘‘§ 589. Carrying of concealed firearms by quali30 fied law enforcement officers 

31 ‘‘(a) Notwithstanding any other provision of the law of any 

32 State or any political subdivision thereof, an individual who is 

33 a qualified law enforcement officer and who is carrying the 

34 identification required by subsection (d) may carry a concealed 

35 firearm that has been shipped or transported in interstate or 

36 foreign commerce, subject to subsection (b). 


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1 ‘‘(b) This section shall not be construed to supersede or limit 

2 the laws of any State that— 

3 ‘‘(1) permit private persons or entities to prohibit or re4 strict the possession of concealed firearms on their prop5 erty; or 

6 ‘‘(2) prohibit or restrict the possession of firearms on 

7 any State or local government property, installation, build8 ing, base, or park. 

9 ‘‘(c) As used in this section, the term ‘qualified law enforce10 ment officer’ means an employee of a governmental agency 

11 who— 

12 ‘‘(1) is authorized by law to engage in or supervise the 

13 prevention, detection, investigation, or prosecution of, or 

14 the incarceration of any person for, any violation of law, 

15 and has statutory powers of arrest; 

16 ‘‘(2) is authorized by the agency to carry a firearm; 

17 ‘‘(3) is not the subject of any disciplinary action by the 

18 agency; 

19 ‘‘(4) meets standards, if any, established by the agency 

20 which require the employee to regularly qualify in the use 

21 of a firearm; 

22 ‘‘(5) is not under the influence of alcohol or another in23 toxicating or hallucinatory drug or substance; and 

24 ‘‘(6) is not prohibited by Federal law from receiving a 

25 firearm. 

26 ‘‘(d) The identification required by this subsection is the 

27 photographic identification issued by the governmental agency 

28 for which the individual is employed as a law enforcement offi29 cer. 

30 ‘‘(e) As used in this section, the term ‘firearm’ does not in31 clude— 

32 ‘‘(1) any machinegun (as defined in section 5845 of the 

33 National Firearms Act); 

34 ‘‘(2) any firearm silencer (as defined in section 581 of 

35 this title); and 

36 ‘‘(3) any destructive device (as defined in section 581 of 

37 this title). 


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1 ‘‘§ 590. Carrying of concealed firearms by quali2 fied retired law enforcement officers 

3 ‘‘(a) Notwithstanding any other provision of the law of any 

4 State or any political subdivision thereof, an individual who is 

5 a qualified retired law enforcement officer and who is carrying 

6 the identification required by subsection (d) may carry a con7 cealed firearm that has been shipped or transported in inter8 state or foreign commerce, subject to subsection (b). 

9 ‘‘(b) This section shall not be construed to supersede or limit 

10 the laws of any State that— 

11 ‘‘(1) permit private persons or entities to prohibit or re12 strict the possession of concealed firearms on their prop13 erty; or 

14 ‘‘(2) prohibit or restrict the possession of firearms on 

15 any State or local government property, installation, build16 ing, base, or park. 

17 ‘‘(c) As used in this section, the term ‘qualified retired law 

18 enforcement officer’ means an individual who— 

19 ‘‘(1) retired in good standing from service with a public 

20 agency as a law enforcement officer, other than for reasons 

21 of mental instability; 

22 ‘‘(2) before such retirement, was authorized by law to 

23 engage in or supervise the prevention, detection, investiga24 tion, or prosecution of, or the incarceration of any person 

25 for, any violation of law, and had statutory powers of ar26 rest; 

27 ‘‘(3)(A) before such retirement, was regularly employed 

28 as a law enforcement officer for an aggregate of 15 years 

29 or more; or 

30 ‘‘(B) retired from service with such agency, after com31 pleting any applicable probationary period of such service, 

32 due to a service-connected disability, as determined by such 

33 agency; 

34 ‘‘(4) has a nonforfeitable right to benefits under the re35 tirement plan of the agency; 

36 ‘‘(5) during the most recent 12-month period, has met, 

37 at the expense of the individual, the State’s standards for 


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1 training and qualification for active law enforcement offi2 cers to carry firearms; 

3 ‘‘(6) is not under the influence of alcohol or another in4 toxicating or hallucinatory drug or substance; and 

5 ‘‘(7) is not prohibited by Federal law from receiving a 

6 firearm. 

7 ‘‘(d) The identification required by this subsection is— 

8 ‘‘(1) a photographic identification issued by the agency 

9 from which the individual retired from service as a law en10 forcement officer that indicates that the individual has, not 

11 less recently than one year before the date the individual 

12 is carrying the concealed firearm, been tested or otherwise 

13 found by the agency to meet the standards established by 

14 the agency for training and qualification for active law en15 forcement officers to carry a firearm of the same type as 

16 the concealed firearm; or 

17 ‘‘(2)(A) a photographic identification issued by the agen18 cy from which the individual retired from service as a law 

19 enforcement officer; and 

20 ‘‘(B) a certification issued by the State in which the indi21 vidual resides that indicates that the individual has, not 

22 less recently than one year before the date the individual 

23 is carrying the concealed firearm, been tested or otherwise 

24 found by the State to meet the standards established by the 

25 State for training and qualification for active law enforce26 ment officers to carry a firearm of the same type as the 

27 concealed firearm. 

28 ‘‘(e) As used in this section, the term ‘firearm’ does not in29 clude— 

30 ‘‘(1) any machinegun (as defined in section 5845 of the 

31 National Firearms Act); 

32 ‘‘(2) any firearm silencer (as defined in section 581 of 

33 this title); and 

34 ‘‘(3) a destructive device (as defined in section 581 of 

35 this title). 


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1 ‘‘§ 591. Effect on State law 

2 ‘‘No provision of this subchapter shall be construed as indi3 cating an intent on the part of the Congress to occupy the field 

4 in which such provision operates to the exclusion of the law of 

5 any State on the same subject matter, unless there is a direct 

6 and positive conflict between such provision and the law of the 

7 State so that the two cannot be reconciled or consistently stand 

8 together. 

9 ‘‘§ 592. Use of restricted ammunition 

10 ‘‘(a)(1) Whoever, during and in relation to the commission 

11 of a crime of violence or drug trafficking crime (including a 

12 crime of violence or drug trafficking crime which provides for 

13 an enhanced punishment if committed by the use of a deadly 

14 or dangerous weapon or device) for which he may be prosecuted 

15 in a court of the United States, uses or carries a firearm and 

16 is in possession of armor piercing ammunition capable of being 

17 fired in that firearm, shall, in addition to the punishment pro18 vided for the commission of such crime of violence or drug traf19 ficking crime be sentenced to a term of imprisonment for not 

20 less than five years. 

21 ‘‘(2) For purposes of this subsection, the term ‘drug traf22 ficking crime’ means any felony punishable under the Con23 trolled Substances Act (21 U.S.C. 801 et seq.), the Controlled 

24 Substances Import and Export Act (21 U.S.C. 951 et seq.), or 

25 the Maritime Drug Law Enforcement Act (46 U.S.C. App. 

26 1901 et seq.). 

27 ‘‘(b) Notwithstanding any other provision of law, the court 

28 shall not suspend the sentence of any person convicted of a vio29 lation of this section, nor place the person on probation, nor 

30 shall the terms of imprisonment run concurrently with any 

31 other terms of imprisonment, including that imposed for the 

32 crime in which the armor piercing ammunition was used or 

33 possessed. 

34 ‘‘§ 593. Possession of firearms and dangerous 

35 weapons in Federal facilities 

36 ‘‘(a) Except as provided in subsection (d), whoever knowingly 

37 possesses or causes to be present a firearm or other dangerous 


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1 weapon in a Federal facility (other than a Federal court facil2 ity), or attempts to do so, shall be imprisoned not more than 

3 1 year. 

4 ‘‘(b) Whoever, with intent that a firearm or other dangerous 

5 weapon be used in the commission of a crime, knowingly pos6 sesses or causes to be present such firearm or dangerous weap7 on in a Federal facility, or attempts to do so, shall be impris8 oned not more than 5 years. 

9 ‘‘(c) A person who kills any person in the course of a viola10 tion of subsection (a) or (b), or in the course of an attack on 

11 a Federal facility involving the use of a firearm or other dan12 gerous weapon shall be punished as provided in subchapter A 

13 of chapter 10. 

14 ‘‘(d) Subsection (a) shall not apply to— 

15 ‘‘(1) the lawful performance of official duties by an offi16 cer, agent, or employee of the United States, a State, or 

17 a political subdivision thereof, who is authorized by law to 

18 engage in or supervise the prevention, detection, investiga19 tion, or prosecution of any violation of law; 

20 ‘‘(2) the possession of a firearm or other dangerous 

21 weapon by a Federal official or a member of the Armed 

22 Forces if such possession is authorized by law; or 

23 ‘‘(3) the lawful carrying of firearms or other dangerous 

24 weapons in a Federal facility incident to hunting or other 

25 lawful purposes. 

26 ‘‘(e)(1) Except as provided in paragraph (2), whoever know27 ingly possesses or causes to be present a firearm in a Federal 

28 court facility, or attempts to do so, shall be imprisoned not 

29 more than 2 years. 

30 ‘‘(2) Paragraph (1) shall not apply to conduct which is de31 scribed in paragraph (1) or (2) of subsection (d). 

32 ‘‘(f) Nothing in this section limits the power of a court of 

33 the United States to punish for contempt or to promulgate 

34 rules or orders regulating, restricting, or prohibiting the posses35 sion of weapons within any building housing such court or any 

36 of its proceedings, or upon any grounds appurtenant to such 

37 building. 


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1 ‘‘(g) As used in this section: 

2 ‘‘(1) The term ‘Federal facility’ means a building or part 

3 thereof owned or leased by the Federal Government, where 

4 Federal employees are regularly present for the purpose of 

5 performing their official duties. 

6 ‘‘(2) The term ‘dangerous weapon’ means a weapon, de7 vice, instrument, material, or substance, animate or inani8 mate, that is used for, or is readily capable of, causing 

9 death or serious bodily injury, except that such term does 

10 not include a pocket knife with a blade of less than 2 1/ 

11 2 inches in length. 

12 ‘‘(3) The term ‘Federal court facility’ means the court13 room, judges’ chambers, witness rooms, jury deliberation 

14 rooms, attorney conference rooms, prisoner holding cells, 

15 offices of the court clerks, the United States attorney, and 

16 the United States marshal, probation and parole offices, 

17 and adjoining corridors of any court of the United States. 

18 ‘‘(h) Notice of the provisions of subsections (a) and (b) shall 

19 be posted conspicuously at each public entrance to each Federal 

20 facility, and notice of subsection (e) shall be posted conspicu21 ously at each public entrance to each Federal court facility, and 

22 no person shall be convicted of an offense under subsection (a) 

23 or (e) with respect to a Federal facility if such notice is not 

24 so posted at such facility, unless such person had actual notice 

25 of subsection (a) or (e), as the case may be. 

26 ‘‘§ 594. Prohibition on purchase, ownership, or 

27 possession of body armor by violent felons 

28 ‘‘(a) IN GENERAL.—Except as provided in subsection (b), it 

29 shall be unlawful for a person to purchase, own, or possess 

30 body armor, if that person has been convicted of a felony that 

31 is— 

32 ‘‘(1) a crime of violence; or 

33 ‘‘(2) an offense under State law that would constitute a 

34 crime of violence under paragraph (1) if it occurred within 

35 the special maritime and territorial jurisdiction of the 

36 United States. 

37 ‘‘(b) AFFIRMATIVE DEFENSE.— 


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1 ‘‘(1) IN GENERAL.—It shall be an affirmative defense 

2 under this section that— 

3 ‘‘(A) the defendant obtained prior written certifi4 cation from his or her employer that the defendant’s 

5 purchase, use, or possession of body armor was nec6 essary for the safe performance of lawful business ac7 tivity; and 

8 ‘‘(B) the use and possession by the defendant were 

9 limited to the course of such performance. 

10 ‘‘(2) EMPLOYER.—In this subsection, the term ‘em11 ployer’ means any other individual employed by the defend12 ant’s business that supervises defendant’s activity. If that 

13 defendant has no supervisor, prior written certification is 

14 acceptable from any other employee of the business. 

15 ‘‘SUBCHAPTER C—EXPLOSIVES 

‘‘Sec. 

‘‘601. Prohibited transactions involving nuclear materials. 

16 ‘‘§ 601. Prohibited transactions involving nuclear 

17 materials 

18 ‘‘(a) Whoever, if one of the circumstances described in sub19 section (c) of this section occurs— 

20 ‘‘(1) without lawful authority, intentionally receives, pos21 sesses, uses, transfers, alters, disposes of, or disperses any 

22 nuclear material or nuclear byproduct material and— 

23 ‘‘(A) thereby knowingly causes the death of or seri24 ous bodily injury to any person or substantial damage 

25 to property or to the environment; or 

26 ‘‘(B) circumstances exist, or have been represented 

27 to the defendant to exist, that are likely to cause the 

28 death or serious bodily injury to any person, or sub29 stantial damage to property or to the environment; 

30 ‘‘(2) with intent to deprive another of nuclear material 

31 or nuclear byproduct material, knowingly— 

32 ‘‘(A) takes and carries away nuclear material or nu33 clear byproduct material of another without authority; 


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1 ‘‘(B) makes an unauthorized use, disposition, or 

2 transfer, of nuclear material or nuclear byproduct ma3 terial belonging to another; or 

4 ‘‘(C) uses fraud and thereby obtains nuclear material 

5 or nuclear byproduct material belonging to another; 

6 ‘‘(3) knowingly— 

7 ‘‘(A) uses force; or 

8 ‘‘(B) threatens or places another in fear that any 

9 person other than the actor will imminently be subject 

10 to bodily injury; 

11 and thereby takes nuclear material or nuclear byproduct 

12 material belonging to another from the person or presence 

13 of any other; 

14 ‘‘(4) intentionally intimidates any person and thereby ob15 tains nuclear material or nuclear byproduct material be16 longing to another; 

17 ‘‘(5) with intent to compel any person, international or18 ganization, or governmental entity to do or refrain from 

19 doing any act, knowingly threatens to engage in conduct 

20 described in paragraph (2)(A) or (3) of this subsection; 

21 ‘‘(6) knowingly threatens to use nuclear material or nu22 clear byproduct material to cause death or serious bodily 

23 injury to any person or substantial damage to property or 

24 to the environment under circumstances in which the threat 

25 may reasonably be understood as an expression of serious 

26 purposes; 

27 ‘‘(7) attempts to commit an offense under paragraph (1), 

28 (2), (3), or (4) of this subsection; or 

29 ‘‘(8) is a party to a conspiracy of two or more persons 

30 to commit an offense under paragraph (1), (2), (3), or (4) 

31 of this subsection, if any of the parties intentionally en32 gages in any conduct in furtherance of such offense; 

33 shall be punished as provided in subsection (b) of this section. 

34 ‘‘(b) The punishment for an offense under— 

35 ‘‘(1) paragraphs (1) through (7) of subsection (a) of this 

36 section is— 

37 ‘‘(A) a fine under this title; and 


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1 ‘‘(B) imprisonment— 

2 ‘‘(i) for any term of years or for life (I) if, while 

3 committing the offense, the offender knowingly 

4 causes the death of any person; or (II) if, while 

5 committing an offense under paragraph (1) or (3) 

6 of subsection (a) of this section, the offender, under 

7 circumstances manifesting extreme indifference to 

8 the life of an individual, knowingly engages in any 

9 conduct and thereby recklessly causes the death of 

10 or serious bodily injury to any person; and 

11 ‘‘(ii) for not more than 20 years in any other 

12 case; and 

13 ‘‘(2) paragraph (8) of subsection (a) of this section is— 

14 ‘‘(A) a fine under this title; and 

15 ‘‘(B) imprisonment— 

16 ‘‘(i) for not more than 20 years if the offense 

17 which is the object of the conspiracy is punishable 

18 under paragraph (1)(B)(i); and 

19 ‘‘(ii) for not more than 10 years in any other 

20 case. 

21 ‘‘(c) The circumstances referred to in subsection (a) of this 

22 section are that— 

23 ‘‘(1) the offense is committed in the United States or the 

24 special maritime and territorial jurisdiction of the United 

25 States, or the special aircraft jurisdiction of the United 

26 States (as defined in section 46501 of title 49); 

27 ‘‘(2) an offender or a victim is— 

28 ‘‘(A) a national of the United States; or 

29 ‘‘(B) a United States corporation or other legal enti30 ty; 

31 ‘‘(3) after the conduct required for the offense occurs the 

32 defendant is found in the United States, even if the con33 duct required for the offense occurs outside the United 

34 States; 

35 ‘‘(4) the conduct required for the offense occurs with re36 spect to the carriage of a consignment of nuclear material 

37 or nuclear byproduct material for peaceful purposes by any 


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1 means of transportation intended to go beyond the territory 

2 of the state where the shipment originates beginning with 

3 the departure from a facility of the shipper in that state 

4 and ending with the arrival at a facility of the receiver 

5 within the state of ultimate destination and either of such 

6 states is the United States; or 

7 ‘‘(5) either— 

8 ‘‘(A) the governmental entity under subsection (a)(5) 

9 is the United States; or 

10 ‘‘(B) the threat under subsection (a)(6) is directed at 

11 the United States. 

12 ‘‘(d) The Attorney General may request assistance from the 

13 Secretary of Defense under chapter 18 of title 10 in the en14 forcement of this section and the Secretary of Defense may 

15 provide such assistance in accordance with chapter 18 of title 

16 10, except that the Secretary of Defense may provide such as17 sistance through any Department of Defense personnel. 

18 ‘‘(e)(1) The Attorney General may also request assistance 

19 from the Secretary of Defense under this subsection in the en20 forcement of this section. Notwithstanding section 1385 of this 

21 title, the Secretary of Defense may, in accordance with other 

22 applicable law, provide such assistance to the Attorney General 

23 if— 

24 ‘‘(A) an emergency situation exists (as jointly determined 

25 by the Attorney General and the Secretary of Defense in 

26 their discretion); and 

27 ‘‘(B) the provision of such assistance will not adversely 

28 affect the military preparedness of the United States (as 

29 determined by the Secretary of Defense in such Secretary’s 

30 discretion). 

31 ‘‘(2) As used in this subsection, the term ‘emergency situa32 tion’ means a circumstance— 

33 ‘‘(A) that poses a serious threat to the interests of the 

34 United States; and 

35 ‘‘(B) in which— 

36 ‘‘(i) enforcement of the law would be seriously im37 paired if the assistance were not provided; and 


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1 ‘‘(ii) civilian law enforcement personnel are not capa2 ble of enforcing the law. 

3 ‘‘(3) Assistance under this section may include— 

4 ‘‘(A) use of personnel of the Department of Defense to 

5 arrest persons and conduct searches and seizures with re6 spect to violations of this section; and 

7 ‘‘(B) such other activity as is incidental to the enforce8 ment of this section, or to the protection of persons or 

9 property from conduct that violates this section. 

10 ‘‘(4) The Secretary of Defense may require reimbursement 

11 as a condition of assistance under this section. 

12 ‘‘(5) The Attorney General may delegate the Attorney Gen13 eral’s function under this subsection only to a Deputy, Asso14 ciate, or Assistant Attorney General. 

15 ‘‘(f) As used in this section— 

16 ‘‘(1) the term ‘nuclear material’ means material con17 taining any— 

18 ‘‘(A) plutonium; 

19 ‘‘(B) uranium not in the form of ore or ore residue 

20 that contains the mixture of isotopes as occurring in 

21 nature; 

22 ‘‘(C) enriched uranium, defined as uranium that con23 tains the isotope 233 or 235 or both in such amount 

24 that the abundance ratio of the sum of those isotopes 

25 to the isotope 238 is greater than the ratio of the iso26 tope 235 to the isotope 238 occurring in nature; or 

27 ‘‘(D) uranium 233; 

28 ‘‘(2) the term ‘nuclear byproduct material’ means any 

29 material containing any radioactive isotope created through 

30 an irradiation process in the operation of a nuclear reactor 

31 or accelerator; 

32 ‘‘(3) the term ‘international organization’ means a public 

33 international organization designated as such pursuant to 

34 section 1 of the International Organizations Immunities 

35 Act (22 U.S.C. 288) or a public organization created pur36 suant to treaty or other agreement under international law 

37 as an instrument through or by which two or more foreign 


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1 governments engage in some aspect of their conduct of 

2 international affairs; and 

3 ‘‘(4) the term ‘United States corporation or other legal 

4 entity’ means any corporation or other entity organized 

5 under the laws of the United States or any State of the 

6 United States. 

7 ‘‘SUBCHAPTER D—IMPORTATION, MANUFACTURE, 

8 DISTRIBUTION, AND STORAGE OF EXPLOSIVE MA9 TERIALS 

‘‘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. 

10 ‘‘§ 611. Definitions 

11 ‘‘In this subchapter the following definitions apply: 

12 ‘‘(1) The term ‘explosive materials’ means explosives, 

13 blasting agents, and detonators. 

14 ‘‘(2) Except for the purposes of subsections (d), (e), (f), 

15 (g), (h), (i), and (j) of section 614, the term ‘explosives’ 

16 means any chemical compound mixture, or device, the pri17 mary or common purpose of which is to function by explo18 sion; the term includes, but is not limited to, dynamite and 

19 other high explosives, black powder, pellet powder, initi20 ating explosives, detonators, safety fuses, squibs, deto21 nating cord, igniter cord, and igniters. The Attorney Gen22 eral shall publish and revise at least annually in the Fed23 eral Register a list of these and any additional explosives 

24 which he determines to be within the coverage of this chap25 ter. For the purposes of subsections (d), (e), (f), (g), (h), 

26 and (i) of section 614, the term ‘explosive’ is defined in 

27 subsection (j) of such section 614. 

28 ‘‘(3) The term ‘blasting agent’ means any material or 

29 mixture, consisting of fuel and oxidizer, intended for blast30 ing, not otherwise defined as an explosive: Provided, That 


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1 the finished product, as mixed for use or shipment, cannot 

2 be detonated by means of a numbered 8 test blasting cap 

3 when unconfined. 

4 ‘‘(4) The term ‘detonator’ means any device containing 

5 a detonating charge that is used for initiating detonation 

6 in an explosive; the term includes electric blasting caps of 

7 instantaneous and delay types, blasting caps for use with 

8 safety fuses and detonating-cord delay connectors. 

9 ‘‘(5) The term ‘importer’ means any person engaged in 

10 the business of importing or bringing explosive materials 

11 into the United States for purposes of sale or distribution. 

12 ‘‘(6) The term ‘manufacturer’ means any person engaged 

13 in the business of manufacturing explosive materials for 

14 purposes of sale or distribution or for that person’s own 

15 use. 

16 ‘‘(7) The term ‘dealer’ means any person engaged in the 

17 business of distributing explosive materials at wholesale or 

18 retail. 

19 ‘‘(8) The term ‘permittee’ means any user of explosives 

20 for a lawful purpose, who has obtained either a user permit 

21 or a limited permit under the provisions of this chapter. 

22 ‘‘(9) The term ‘Attorney General’ means the Attorney 

23 General of the United States. 

24 ‘‘(10) The term ‘crime punishable by imprisonment for 

25 a term exceeding one year’ shall not mean (1) any Federal 

26 or State offenses pertaining to antitrust violations, unfair 

27 trade practices, restraints of trade, or other similar of28 fenses relating to the regulation of business practices as the 

29 Attorney General may by regulation designate, or (2) any 

30 State offense (other than one involving a firearm or explo31 sive) classified by the laws of the State as a misdemeanor 

32 and punishable by a term of imprisonment of two years or 

33 less. 

34 ‘‘(11) The term ‘crime punishable by imprisonment for 

35 a term exceeding one year’ shall not mean (A) any Federal 

36 or State offenses pertaining to antitrust violations, unfair 

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1 fenses relating to the regulation of business practices as the 

2 Attorney General may by regulation designate, or (B) any 

3 State offense (other than one involving a firearm or explo4 sive) classified by the laws of the State as a misdemeanor 

5 and punishable by a term of imprisonment of two years or 

6 less. 

7 ‘‘(12) The term ‘licensee’ means any importer, manufac8 turer, or dealer licensed under the provisions of this chap9 ter. 

10 ‘‘(13) The term ‘distribute’ means sell, issue, give, trans11 fer, or otherwise dispose of. 

12 ‘‘(14) The term ‘convention on the Marking of Plastic 

13 Explosives’ means the Convention on the Marking of Plas14 tic Explosives for the Purpose of Detection, Done at Mon15 treal on 1 March 1991. 

16 ‘‘(15) The term ‘detection agent’ means any one of the 

17 substances specified in this subsection when introduced into 

18 a plastic explosive or formulated in such explosive as a part 

19 of the manufacturing process in such a manner as to 

20 achieve homogeneous distribution in the finished explosive, 

21 including— 

22 ‘‘(A) Ethylene glycol dinitrate (EGDN), 

23 C2H4(NO3)2, molecular weight 152, when the minimum 

24 concentration in the finished explosive is 0.2 percent by 

25 mass; 

26 ‘‘(B) 2,3-Dimethyl-2,3-dinitrobutane (DMNB); 

27 ‘‘(C) Para-Mononitrotoluene (p-MNT); C7H7NO2, 

28 molecular weight 137, when the minimum concentra29 tion in the finished explosive is 0.5 percent by mass; 

30 ‘‘(D) Ortho-Mononitrotoluene (o-MNT), 

31 C7H7NO2, molecular weight 137, when the minimum con32 centration in the finished explosive is 0.5 percent by mass; 

33 and 

34 ‘‘(E) any other substance in the concentration speci35 fied by the Attorney General, after consultation with 

36 the Secretary of State and the Secretary of Defense, 

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1 nical Annex to the Convention on the Marking of Plas2 tic Explosives. 

3 ‘‘(16) The term ‘plastic explosive’ means an explosive 

4 material in flexible or elastic sheet form formulated with 

5 one or more high explosives which in their pure form has 

6 a vapor pressure less than 10-<SUP>4 Pa at a tem7 perature of 25/C., is formulated with a binder material, and 

8 is as a mixture malleable or flexible at normal room tem9 perature. 

10 ‘‘(17) The term ‘alien’ means any person who is not a 

11 citizen or national of the United States. 

12 ‘‘(18) The term ‘responsible person’ means an individual 

13 who has the power to direct the management and policies 

14 of the applicant pertaining to explosive materials. 

15 ‘‘§ 612. Unlawful acts 

16 ‘‘(a) It shall be unlawful for any person— 

17 ‘‘(1) to engage in the business of importing, manufac18 turing, or dealing in explosive materials without a license 

19 issued under this chapter; 

20 ‘‘(2) knowingly to withhold information or to make any 

21 false or fictitious oral or written statement or to furnish or 

22 exhibit any false, fictitious, or misrepresented identifica23 tion, intended or likely to deceive for the purpose of obtain24 ing explosive materials, or a license, permit, exemption, or 

25 relief from disability under the provisions of this chapter; 

26 ‘‘(3) other than a licensee or permittee knowingly— 

27 ‘‘(A) to transport, ship, cause to be transported, or 

28 receive any explosive materials; or 

29 ‘‘(B) to distribute explosive materials to any person 

30 other than a licensee or permittee; or 

31 ‘‘(4) who is a holder of a limited permit— 

32 ‘‘(A) to transport, ship, cause to be transported, or 

33 receive in interstate or foreign commerce any explosive 

34 materials; or 

35 ‘‘(B) to receive explosive materials from a licensee or 

36 permittee, whose premises are located outside the State 

37 of residence of the limited permit holder, or on more 


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1 than 6 separate occasions, during the period of the per2 mit, to receive explosive materials from 1 or more li3 censees or permittees whose premises are located within 

4 the State of residence of the limited permit holder. 

5 ‘‘(b) It shall be unlawful for any licensee or permittee to 

6 knowingly distribute any explosive materials to any person 

7 other than— 

8 ‘‘(1) a licensee; 

9 ‘‘(2) a holder of a user permit; or 

10 ‘‘(3) a holder of a limited permit who is a resident of the 

11 State where distribution is made and in which the premises 

12 of the transferor are located. 

13 ‘‘(c) It shall be unlawful for any licensee to distribute explo14 sive materials to any person who the licensee has reason to be15 lieve intends to transport such explosive materials into a State 

16 where the purchase, possession, or use of explosive materials is 

17 prohibited or which does not permit its residents to transport 

18 or ship explosive materials into it or to receive explosive mate19 rials in it. 

20 ‘‘(d) It shall be unlawful for any person knowingly to dis21 tribute explosive materials to any individual who— 

22 ‘‘(1) is under twenty-one years of age; 

23 ‘‘(2) has been convicted in any court of a crime punish24 able by imprisonment for a term exceeding one year; 

25 ‘‘(3) is under indictment for a crime punishable by im26 prisonment for a term exceeding one year; 

27 ‘‘(4) is a fugitive from justice; 

28 ‘‘(5) is an unlawful user of or addicted to any controlled 

29 substance (as defined in section 102 of the Controlled Sub30 stances Act (21 U.S.C. 802)); 

31 ‘‘(6) has been adjudicated a mental defective or who has 

32 been committed to a mental institution; 

33 ‘‘(7) is an alien, other than an alien who— 

34 ‘‘(A) is lawfully admitted for permanent residence 

35 (as defined in section 101(a)(20) of the Immigration 

36 and Nationality Act); 


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1 ‘‘(B) is in lawful nonimmigrant status, is a refugee 

2 admitted under section 207 of the Immigration and 

3 Nationality Act (8 U.S.C. 1157), or is in asylum status 

4 under section 208 of the Immigration and Nationality 

5 Act (8 U.S.C. 1158), and— 

6 ‘‘(i) is a foreign law enforcement officer of a 

7 friendly foreign government, as determined by the 

8 Attorney General in consultation with the Secretary 

9 of State, entering the United States on official law 

10 enforcement business, and the shipping, trans11 porting, possession, or receipt of explosive materials 

12 is in furtherance of this official law enforcement 

13 business; or 

14 ‘‘(ii) is a person having the power to direct or 

15 cause the direction of the management and policies 

16 of a corporation, partnership, or association li17 censed pursuant to section 843(a), and the ship18 ping, transporting, possession, or receipt of explo19 sive materials is in furtherance of such power; 

20 ‘‘(C) is a member of a North Atlantic Treaty Organi21 zation (NATO) or other friendly foreign military force, 

22 as determined by the Attorney General in consultation 

23 with the Secretary of Defense, who is present in the 

24 United States under military orders for training or 

25 other military purpose authorized by the United States 

26 and the shipping, transporting, possession, or receipt of 

27 explosive materials is in furtherance of the authorized 

28 military purpose; or 

29 ‘‘(D) is lawfully present in the United States in co30 operation with the Director of Central Intelligence, and 

31 the shipment, transportation, receipt, or possession of 

32 the explosive materials is in furtherance of such co33 operation; 

34 ‘‘(8) has been discharged from the armed forces under 

35 dishonorable conditions; or 

36 ‘‘(9) having been a citizen of the United States, has re37 nounced the citizenship of that person. 


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1 ‘‘(e) It shall be unlawful for any licensee knowingly to dis2 tribute any explosive materials to any person in any State 

3 where the purchase, possession, or use by such person of such 

4 explosive materials would be in violation of any State law or 

5 any published ordinance applicable at the place of distribution. 

6 ‘‘(f) It shall be unlawful for any licensee or permittee will7 fully to manufacture, import, purchase, distribute, or receive 

8 explosive materials without making such records as the Attor9 ney General may by regulation require, including, but not lim10 ited to, a statement of intended use, the name, date, place of 

11 birth, social security number or taxpayer identification number, 

12 and place of residence of any natural person to whom explosive 

13 materials are distributed. If explosive materials are distributed 

14 to a corporation or other business entity, such records shall in15 clude the identity and principal and local places of business and 

16 the name, date, place of birth, and place of residence of the 

17 natural person acting as agent of the corporation or other busi18 ness entity in arranging the distribution. 

19 ‘‘(g) It shall be unlawful for any licensee or permittee know20 ingly to make any false entry in any record which he is re21 quired to keep pursuant to this section or regulations promul22 gated under section 617. 

23 ‘‘(h) It shall be unlawful for any person to receive, possess, 

24 transport, ship, conceal, store, barter, sell, dispose of, or pledge 

25 or accept as security for a loan, any stolen explosive materials 

26 which are moving as, which are part of, which constitute, or 

27 which have been shipped or transported in, interstate or foreign 

28 commerce, either before or after such materials were stolen, 

29 knowing or having reasonable cause to believe that the explo30 sive materials were stolen. 

31 ‘‘(i) It shall be unlawful for any person— 

32 ‘‘(1) who is under indictment for, or who has been con33 victed in any court of, a crime punishable by imprisonment 

34 for a term exceeding one year; 

35 ‘‘(2) who is a fugitive from justice; 


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1 ‘‘(3) who is an unlawful user of or addicted to any con2 trolled substance (as defined in section 102 of the Con3 trolled Substances Act (21 U.S.C. 802)); 

4 ‘‘(4) who has been adjudicated as a mental defective or 

5 who has been committed to a mental institution; 

6 ‘‘(5) who is an alien, other than an alien who— 

7 ‘‘(A) is lawfully admitted for permanent residence 

8 (as that term is defined in section 101(a)(20) of the 

9 Immigration and Nationality Act); 

10 ‘‘(B) is in lawful nonimmigrant status, is a refugee 

11 admitted under section 207 of the Immigration and 

12 Nationality Act (8 U.S.C. 1157), or is in asylum status 

13 under section 208 of the Immigration and Nationality 

14 Act (8 U.S.C. 1158), and— 

15 ‘‘(i) is a foreign law enforcement officer of a 

16 friendly foreign government, as determined by the 

17 Attorney General in consultation with the Secretary 

18 of State, entering the United States on official law 

19 enforcement business, and the shipping, trans20 porting, possession, or receipt of explosive materials 

21 is in furtherance of this official law enforcement 

22 business; or 

23 ‘‘(ii) is a person having the power to direct or 

24 cause the direction of the management and policies 

25 of a corporation, partnership, or association li26 censed pursuant to section 843(a), and the ship27 ping, transporting, possession, or receipt of explo28 sive materials is in furtherance of such power; 

29 ‘‘(C) is a member of a North Atlantic Treaty Organi30 zation (NATO) or other friendly foreign military force, 

31 as determined by the Attorney General in consultation 

32 with the Secretary of Defense, who is present in the 

33 United States under military orders for training or 

34 other military purpose authorized by the United States 

35 and the shipping, transporting, possession, or receipt of 

36 explosive materials is in furtherance of the authorized 

37 military purpose; or 


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1 ‘‘(D) is lawfully present in the United States in co2 operation with the Director of Central Intelligence, and 

3 the shipment, transportation, receipt, or possession of 

4 the explosive materials is in furtherance of such co5 operation; 

6 ‘‘(6) who has been discharged from the armed forces 

7 under dishonorable conditions; or 

8 ‘‘(7) who, having been a citizen of the United States, has 

9 renounced the citizenship of that person. 

10 ‘‘(j) It shall be unlawful for any person to store any explosive 

11 material in a manner not in conformity with regulations pro12 mulgated by the Attorney General. In promulgating such regu13 lations, the Attorney General shall take into consideration the 

14 class, type, and quantity of explosive materials to be stored, as 

15 well as the standards of safety and security recognized in the 

16 explosives industry. 

17 ‘‘(k) It shall be unlawful for any person who has knowledge 

18 of the theft or loss of any explosive materials from his stock, 

19 to fail to report such theft or loss within twenty-four hours of 

20 discovery thereof, to the Attorney General and to appropriate 

21 local authorities. 

22 ‘‘(l) It shall be unlawful for any person to manufacture any 

23 plastic explosive that does not contain a detection agent. 

24 ‘‘(m)(1) It shall be unlawful for any person to import or 

25 bring into the United States, or export from the United States, 

26 any plastic explosive that does not contain a detection agent. 

27 ‘‘(2) This subsection does not apply to the importation or 

28 bringing into the United States, or the exportation from the 

29 United States, of any plastic explosive that was imported or 

30 brought into, or manufactured in the United States prior to the 

31 date of enactment of this subsection by or on behalf of any 

32 agency of the United States performing military or police func33 tions (including any military reserve component) or by or on 

34 behalf of the National Guard of any State, not later than 15 

35 years after the date of entry into force of the Convention on 

36 the Marking of Plastic Explosives, with respect to the United 

37 States. 


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1 ‘‘(n)(1) It shall be unlawful for any person to ship, trans2 port, transfer, receive, or possess any plastic explosive that does 

3 not contain a detection agent. 

4 ‘‘(2) This subsection does not apply to— 

5 ‘‘(A) the shipment, transportation, transfer, receipt, or 

6 possession of any plastic explosive that was imported or 

7 brought into, or manufactured in the United States prior 

8 to the date of enactment of this subsection by any person 

9 during the period beginning on that date and ending 3 

10 years after that date of enactment; or 

11 ‘‘(B) the shipment, transportation, transfer, receipt, or 

12 possession of any plastic explosive that was imported or 

13 brought into, or manufactured in the United States prior 

14 to the date of enactment of this subsection by or on behalf 

15 of any agency of the United States performing a military 

16 or police function (including any military reserve compo17 nent) or by or on behalf of the National Guard of any 

18 State, not later than 15 years after the date of entry into 

19 force of the Convention on the Marking of Plastic Explo20 sives, with respect to the United States. 

21 ‘‘(o) It shall be unlawful for any person, other than an agen22 cy of the United States (including any military reserve compo23 nent) or the National Guard of any State, possessing any plas24 tic explosive on the date of enactment of this subsection, to fail 

25 to report to the Attorney General within 120 days after such 

26 date of enactment the quantity of such explosives possessed, 

27 the manufacturer or importer, any marks of identification on 

28 such explosives, and such other information as the Attorney 

29 General may prescribe by regulation. 

30 ‘‘(p) DISTRIBUTION OF INFORMATION RELATING TO EXPLO31 SIVES, DESTRUCTIVE DEVICES, AND WEAPONS OF MASS DE32 STRUCTION.— 

33 ‘‘(1) DEFINITIONS.—In this subsection— 

34 ‘‘(A) the term ‘destructive device’ has the same 

35 meaning as in section 581; 

36 ‘‘(B) the term ‘explosive’ has the same meaning as 

37 in section 614; and 


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1 ‘‘(C) the term ‘weapon of mass destruction’ has the 

2 same meaning as in section 271. 

3 ‘‘(2) PROHIBITION.—It shall be unlawful for any per4 son— 

5 ‘‘(A) to teach or demonstrate the making or use of 

6 an explosive, a destructive device, or a weapon of mass 

7 destruction, or to distribute by any means information 

8 pertaining to, in whole or in part, the manufacture or 

9 use of an explosive, destructive device, or weapon of 

10 mass destruction, with the intent that the teaching, 

11 demonstration, or information be used for, or in fur12 therance of, an activity that constitutes a Federal 

13 crime of violence; or 

14 ‘‘(B) to teach or demonstrate to any person the mak15 ing or use of an explosive, a destructive device, or a 

16 weapon of mass destruction, or to distribute to any per17 son, by any means, information pertaining to, in whole 

18 or in part, the manufacture or use of an explosive, de19 structive device, or weapon of mass destruction, know20 ing that such person intends to use the teaching, dem21 onstration, or information for, or in furtherance of, an 

22 activity that constitutes a Federal crime of violence. 

23 ‘‘§ 613. Licenses and user permits 

24 ‘‘(a) An application for a user permit or limited permit or 

25 a license to import, manufacture, or deal in explosive materials 

26 shall be in such form and contain such information as the At27 torney General shall by regulation prescribe, including the 

28 names of and appropriate identifying information regarding all 

29 employees who will be authorized by the applicant to possess 

30 explosive materials, as well as fingerprints and a photograph of 

31 each responsible person. Each applicant for a license or permit 

32 shall pay a fee to be charged as set by the Attorney General, 

33 said fee not to exceed $50 for a limited permit and $200 for 

34 any other license or permit. Each license or user permit shall 

35 be valid for not longer than 3 years from the date of issuance 

36 and each limited permit shall be valid for not longer than 1 

37 year from the date of issuance. Each license or permit shall be 


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1 renewable upon the same conditions and subject to the same 

2 restrictions as the original license or permit, and upon payment 

3 of a renewal fee not to exceed one-half of the original fee. 

4 ‘‘(b) Upon the filing of a proper application and payment of 

5 the prescribed fee, and subject to the provisions of this chapter 

6 and other applicable laws, the Attorney General shall issue to 

7 such applicant the appropriate license or permit if— 

8 ‘‘(1) the applicant (or, if the applicant is a corporation, 

9 partnership, or association, each responsible person with re10 spect to the applicant) is not a person described in section 

11 612(i); 

12 ‘‘(2) the applicant has not willfully violated any of the 

13 provisions of this chapter or regulations issued hereunder; 

14 ‘‘(3) the applicant has in a State premises from which 

15 he conducts or intends to conduct business; 

16 ‘‘(4)(A) the Secretary verifies by inspection or, if the ap17 plication is for an original limited permit or the first or sec18 ond renewal of such a permit, by such other means as the 

19 Attorney General determines appropriate, that the appli20 cant has a place of storage for explosive materials which 

21 meets such standards of public safety and security against 

22 theft as the Attorney General by regulations shall pre23 scribe; and 

24 ‘‘(B) subparagraph (A) shall not apply to an applicant 

25 for the renewal of a limited permit if the Secretary has 

26 verified, by inspection within the preceding 3 years, the 

27 matters described in subparagraph (A) with respect to the 

28 applicant; 

29 ‘‘(5) the applicant has demonstrated and certified in 

30 writing that he is familiar with all published State laws and 

31 local ordinances relating to explosive materials for the loca32 tion in which he intends to do business; 

33 ‘‘(6) none of the employees of the applicant who will be 

34 authorized by the applicant to possess explosive materials 

35 is any person described in section 612(i); and 

36 ‘‘(7) in the case of a limited permit, the applicant has 

37 certified in writing that the applicant will not receive exploVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00257 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 sive materials on more than 6 separate occasions during 

2 the 12-month period for which the limited permit is valid. 

3 ‘‘(c) The Attorney General shall approve or deny an applica4 tion within a period of 90 days for licenses and permits, begin5 ning on the date such application is received by the Attorney 

6 General. 

7 ‘‘(d) The Attorney General may revoke any license or permit 

8 issued under this section if in the opinion of the Attorney Gen9 eral the holder thereof has violated any provision of this chap10 ter or any rule or regulation prescribed by the Attorney Gen11 eral under this chapter, or has become ineligible to acquire ex12 plosive materials under section 612(d). The Attorney General’s 

13 action under this subsection may be reviewed only as provided 

14 in subsection (e)(2) of this section. 

15 ‘‘(e)(1) Any person whose application is denied or whose li16 cense or permit is revoked shall receive a written notice from 

17 the Attorney General stating the specific grounds upon which 

18 such denial or revocation is based. Any notice of a revocation 

19 of a license or permit shall be given to the holder of such li20 cense or permit prior to or concurrently with the effective date 

21 of the revocation. 

22 ‘‘(2) If the Attorney General denies an application for, or re23 vokes a license, or permit, he shall, upon request by the ag24 grieved party, promptly hold a hearing to review his denial or 

25 revocation. In the case of a revocation, the Attorney General 

26 may upon a request of the holder stay the effective date of the 

27 revocation. A hearing under this section shall be at a location 

28 convenient to the aggrieved party. The Attorney General shall 

29 give written notice of his decision to the aggrieved party within 

30 a reasonable time after the hearing. The aggrieved party may, 

31 within sixty days after receipt of the Secretary’s written deci32 sion, file a petition with the United States court of appeals for 

33 the district in which he resides or has his principal place of 

34 business for a judicial review of such denial or revocation, pur35 suant to sections 701 through 706 of title 5. 

36 ‘‘(f) Licensees and holders of user permits shall make avail37 able for inspection at all reasonable times their records kept 


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1 pursuant to this chapter or the regulations issued hereunder, 

2 and licensees and permittees shall submit to the Attorney Gen3 eral such reports and information with respect to such records 

4 and the contents thereof as he shall by regulations prescribe. 

5 The Attorney General may enter during business hours the 

6 premises (including places of storage) of any licensee or holder 

7 of a user permit, for the purpose of inspecting or examining 

8 (1) any records or documents required to be kept by such li9 censee or permittee, under the provisions of this chapter or reg10 ulations issued hereunder, and (2) any explosive materials kept 

11 or stored by such licensee or permittee at such premises. Upon 

12 the request of any State or any political subdivision thereof, the 

13 Attorney General may make available to such State or any po14 litical subdivision thereof, any information which he may obtain 

15 by reason of the provisions of this chapter with respect to the 

16 identification of persons within such State or political subdivi17 sion thereof, who have purchased or received explosive mate18 rials, together with a description of such explosive materials. 

19 The Attorney General may inspect the places of storage for ex20 plosive materials of an applicant for a limited permit or, at the 

21 time of renewal of such permit, a holder of a limited permit, 

22 only as provided in subsection (b)(4). 

23 ‘‘(g) Licenses and user permits issued under the provisions 

24 of subsection (b) of this section shall be kept posted and kept 

25 available for inspection on the premises covered by the license 

26 and permit. 

27 ‘‘(h)(1) If the Attorney General receives, from an employer, 

28 the name and other identifying information of a responsible 

29 person or an employee who will be authorized by the employer 

30 to possess explosive materials in the course of employment with 

31 the employer, the Secretary shall determine whether the re32 sponsible person or employee is one of the persons described in 

33 any paragraph of section 612(i). In making the determination, 

34 the Attorney General may take into account a letter or docu35 ment issued under paragraph (2). 

36 ‘‘(2)(A) If the Attorney General determines that the respon37 sible person or the employee is not one of the persons described 


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1 in any paragraph of section 612(i), the Attorney General shall 

2 notify the employer in writing or electronically of the deter3 mination and issue, to the responsible person or employee, a 

4 letter of clearance, which confirms the determination. 

5 ‘‘(B) If the Attorney General determines that the responsible 

6 person or employee is one of the persons described in any para7 graph of section 612(i), the Attorney General shall notify the 

8 employer in writing or electronically of the determination and 

9 issue to the responsible person or the employee, as the case 

10 may be, a document that— 

11 ‘‘(i) confirms the determination; 

12 ‘‘(ii) explains the grounds for the determination; 

13 ‘‘(iii) provides information on how the disability may be 

14 relieved; and 

15 ‘‘(iv) explains how the determination may be appealed. 

16 ‘‘(i) FURNISHING OF SAMPLES.— 

17 ‘‘(1) In general-Licensed manufacturers and licensed im18 porters and persons who manufacture or import explosive 

19 materials or ammonium nitrate shall, when required by let20 ter issued by the Secretary, furnish— 

21 ‘‘(A) samples of such explosive materials or ammo22 nium nitrate; 

23 ‘‘(B) information on chemical composition of those 

24 products; and 

25 ‘‘(C) any other information that the Secretary deter26 mines is relevant to the identification of the explosive 

27 materials or to identification of the ammonium nitrate. 

28 ‘‘(2) REIMBURSEMENT.—The Attorney General shall, by 

29 regulation, authorize reimbursement of the fair market 

30 value of samples furnished pursuant to this subsection, as 

31 well as the reasonable costs of shipment. 

32 ‘‘§ 614. Penalties 

33 ‘‘(a) Any person— 

34 ‘‘(1) who violates any of subsections (a) through (i) or 

35 (l) through (o) of section 614 shall be imprisoned for not 

36 more than 10 years; and 


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1 ‘‘(2) violates subsection (p)(2) of section 612, shall be im2 prisoned not more than 20 years. 

3 ‘‘(b) Whoever violates any other provision of section 612 of 

4 this chapter shall be imprisoned not more than one year. 

5 ‘‘(c)(1) Any explosive materials involved or used or intended 

6 to be used in any violation of the provisions of this chapter or 

7 any other rule or regulation promulgated thereunder or any 

8 violation of any criminal law of the United States shall be sub9 ject to seizure and forfeiture, and all provisions of the Internal 

10 Revenue Code of 1986 relating to the seizure, forfeiture, and 

11 disposition of firearms, as defined in section 5845(a) of that 

12 Code, shall, so far as applicable, extend to seizures and forfeit13 ures under the provisions of this chapter. 

14 ‘‘(2) Notwithstanding paragraph (1), in the case of the sei15 zure of any explosive materials for any offense for which the 

16 materials would be subject to forfeiture in which it would be 

17 impracticable or unsafe to remove the materials to a place of 

18 storage or would be unsafe to store them, the seizing officer 

19 may destroy the explosive materials forthwith. Any destruction 

20 under this paragraph shall be in the presence of at least 1 

21 credible witness. The seizing officer shall make a report of the 

22 seizure and take samples as the Attorney General may by regu23 lation prescribe. 

24 ‘‘(3) Within 60 days after any destruction made pursuant to 

25 paragraph (2), the owner of (including any person having an 

26 interest in) the property so destroyed may make application to 

27 the Attorney General for reimbursement of the value of the 

28 property. If the claimant establishes to the satisfaction of the 

29 Attorney General that— 

30 ‘‘(A) the property has not been used or involved in a vio31 lation of law; or 

32 ‘‘(B) any unlawful involvement or use of the property 

33 was without the claimant’s knowledge, consent, or willful 

34 blindness, 

35 the Attorney General shall make an allowance to the claimant 

36 not exceeding the value of the property destroyed. 


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1 ‘‘(d) Whoever transports or receives, or attempts to transport 

2 or receive, in interstate or foreign commerce any explosive with 

3 the knowledge or intent that it will be used to kill, injure, or 

4 intimidate any individual or unlawfully to damage or destroy 

5 any building, vehicle, or other real or personal property, shall 

6 be imprisoned for not more than ten years; and if personal in7 jury results to any person, including any public safety officer 

8 performing duties as a direct or proximate result of conduct 

9 prohibited by this subsection, shall be imprisoned for not more 

10 than twenty years; and if death results to any person, including 

11 any public safety officer performing duties as a direct or proxi12 mate result of conduct prohibited by this subsection, shall be 

13 subject to imprisonment for any term of years, or to the death 

14 penalty or to life imprisonment. 

15 ‘‘(e) Whoever, through the use of the mail, telephone, tele16 graph, or other instrument of interstate or foreign commerce, 

17 or in or affecting interstate or foreign commerce, willfully 

18 makes any threat, or maliciously conveys false information 

19 knowing the same to be false, concerning an attempt or alleged 

20 attempt being made, or to be made, to kill, injure, or intimidate 

21 any individual or unlawfully to damage or destroy any building, 

22 vehicle, or other real or personal property by means of fire or 

23 an explosive shall be imprisoned for not more than 10 years. 

24 ‘‘(f)(1) Whoever maliciously damages or destroys, or at25 tempts to damage or destroy, by means of fire or an explosive, 

26 any building, vehicle, or other personal or real property in 

27 whole or in part owned or possessed by, or leased to, the 

28 United States, or any department or agency thereof, or any in29 stitution or organization receiving Federal financial assistance, 

30 shall be imprisoned for not less than 5 years and not more than 

31 20 years. 

32 ‘‘(2) Whoever engages in conduct prohibited by this sub33 section, and as a result of such conduct, directly or proximately 

34 causes personal injury or creates a substantial risk of injury to 

35 any person, including any public safety officer performing du36 ties, shall be imprisoned for not less than 7 years and not more 

37 than 40 years. 


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1 ‘‘(3) Whoever engages in conduct prohibited by this sub2 section, and as a result of such conduct directly or proximately 

3 causes the death of any person, including any public safety offi4 cer performing duties, shall be subject to the death penalty, or 

5 imprisoned for not less than 20 years or for life. 

6 ‘‘(g)(1) Except as provided in paragraph (2), whoever pos7 sesses an explosive in an airport that is subject to the regu8 latory authority of the Federal Aviation Administration, or in 

9 any building in whole or in part owned, possessed, or used by, 

10 or leased to, the United States or any department or agency 

11 thereof, except with the written consent of the agency, depart12 ment, or other person responsible for the management of such 

13 building or airport, shall be imprisoned for not more than five 

14 years. 

15 ‘‘(2) The provisions of this subsection shall not be applicable 

16 to— 

17 ‘‘(A) the possession of ammunition (as that term is de18 fined in regulations issued pursuant to this chapter) in an 

19 airport that is subject to the regulatory authority of the 

20 Federal Aviation Administration if such ammunition is ei21 ther in checked baggage or in a closed container; or 

22 ‘‘(B) the possession of an explosive in an airport if the 

23 packaging and transportation of such explosive is exempt 

24 from, or subject to and in accordance with, regulations of 

25 the Pipeline and Hazardous Materials Safety Administra26 tion for the handling of hazardous materials pursuant to 

27 chapter 51 of title 49. 

28 ‘‘(h) Whoever— 

29 ‘‘(1) uses fire or an explosive to commit any felony which 

30 may be prosecuted in a court of the United States, or 

31 ‘‘(2) carries an explosive during the commission of any 

32 felony which may be prosecuted in a court of the United 

33 States, 

34 including a felony which provides for an enhanced punishment 

35 if committed by the use of a deadly or dangerous weapon or 

36 device shall, in addition to the punishment provided for such 

37 felony, be sentenced to imprisonment for 10 years. In the case 


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1 of a second or subsequent conviction under this subsection, 

2 such person shall be sentenced to imprisonment for 20 years. 

3 Notwithstanding any other provision of law, the court shall not 

4 place on probation or suspend the sentence of any person con5 victed of a violation of this subsection, nor shall the term of 

6 imprisonment imposed under this subsection run concurrently 

7 with any other term of imprisonment including that imposed 

8 for the felony in which the explosive was used or carried. 

9 ‘‘(i) Whoever maliciously damages or destroys, or attempts to 

10 damage or destroy, by means of fire or an explosive, any build11 ing, vehicle, or other real or personal property used in inter12 state or foreign commerce or in any activity affecting interstate 

13 or foreign commerce shall be imprisoned for not less than 5 

14 years and not more than 20 years; and if personal injury re15 sults to any person, including any public safety officer per16 forming duties as a direct or proximate result of conduct pro17 hibited by this subsection, shall be imprisoned for not less than 

18 7 years and not more than 40 years; and if death results to 

19 any person, including any public safety officer performing du20 ties as a direct or proximate result of conduct prohibited by 

21 this subsection, shall also be subject to imprisonment for any 

22 term of years, or to the death penalty or to life imprisonment. 

23 ‘‘(j) For the purposes of subsections (d), (e), (f), (g), (h), 

24 and (i) of this section and section 612(p)(2), the term ‘explo25 sive’ means gunpowders, powders used for blasting, all forms 

26 of high explosives, blasting materials, fuzes (other than electric 

27 circuit breakers), detonators, and other detonating agents, 

28 smokeless powders, other explosive or incendiary devices within 

29 the meaning of paragraph (5) of section 232 of this title, and 

30 any chemical compounds, mechanical mixture, or device that 

31 contains any oxidizing and combustible units, or other ingredi32 ents, in such proportions, quantities, or packing that ignition 

33 by fire, by friction, by concussion, by percussion, or by detona34 tion of the compound, mixture, or device or any part thereof 

35 may cause an explosion. 

36 ‘‘(k) A person who steals any explosives materials which are 

37 moving as, or are a part of, or which have moved in, interstate 


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1 or foreign commerce shall be imprisoned for not more than 10 

2 years. 

3 ‘‘(l) A person who steals any explosive material from a li4 censed importer, licensed manufacturer, or licensed dealer, or 

5 from any permittee shall be imprisoned not more than 10 

6 years. 

7 ‘‘(m) A person who conspires to commit an offense under 

8 subsection (h) shall be imprisoned for any term of years not 

9 exceeding 20. 

10 ‘‘(n) Whoever knowingly transfers any explosive materials, 

11 knowing or having reasonable cause to believe that such explo12 sive materials will be used to commit a crime of violence (as 

13 defined in section 584(c)(3)) or drug trafficking crime (as de14 fined in section 584(c)(2)) shall be subject to the same pen15 alties as may be imposed under subsection (h) for a first con16 viction for the use or carrying of an explosive material. 

17 ‘‘(o) THEFT REPORTING REQUIREMENT.— 

18 ‘‘(1) IN GENERAL.—A holder of a license or permit who 

19 knows that explosive materials have been stolen from that 

20 licensee or permittee, shall report the theft to the Attorney 

21 General not later than 24 hours after the discovery of the 

22 theft. 

23 ‘‘(2) PENALTY.—A holder of a license or permit who 

24 does not report a theft in accordance with paragraph (1), 

25 shall be imprisoned not more than 5 years. 

26 ‘‘§ 615. Exceptions; relief from disabilities 

27 ‘‘(a) Except in the case of subsection (l), (m), (n), or (o) of 

28 section 612 and subsections (d), (e), (f), (g), (h), and (i) of sec29 tion 614 of this title, this chapter does not apply to— 

30 ‘‘(1) any aspect of the transportation of explosive mate31 rials via railroad, water, highway, or air which are regu32 lated by the United States Department of Transportation 

33 and agencies thereof, and which pertain to safety; 

34 ‘‘(2) the use of explosive materials in medicines and me35 dicinal agents in the forms prescribed by the official United 

36 States Pharmacopeia, or the National Formulary; 


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1 ‘‘(3) the transportation, shipment, receipt, or importa2 tion of explosive materials for delivery to any agency of the 

3 United States or to any State or political subdivision there4 of; 

5 ‘‘(4) small arms ammunition and components thereof; 

6 ‘‘(5) commercially manufactured black powder in quan7 tities not to exceed fifty pounds, percussion caps, safety 

8 and pyrotechnic fuses, quills, quick and slow matches, and 

9 friction primers, intended to be used solely for sporting, 

10 recreational, or cultural purposes in antique firearms as de11 fined in section 581(a)(16) of title 18 of the United States 

12 Code, or in antique devices as exempted from the term ‘de13 structive device’ in section 581(a)(4) of title 18 of the 

14 United States Code; and 

15 ‘‘(6) the manufacture under the regulation of the mili16 tary department of the United States of explosive materials 

17 for, or their distribution to or storage or possession by the 

18 military or naval services or other agencies of the United 

19 States; or to arsenals, navy yards, depots, or other estab20 lishments owned by, or operated by or on behalf of, the 

21 United States. 

22 ‘‘(b)(1) A person who is prohibited from shipping, trans23 porting, receiving, or possessing any explosive under section 

24 612(i) may apply to the Attorney General for relief from such 

25 prohibition. 

26 ‘‘(2) The Attorney General may grant the relief requested 

27 under paragraph (1) if the Attorney General determines that 

28 the circumstances regarding the applicability of section 612(i), 

29 and the applicant’s record and reputation, are such that the 

30 applicant will not be likely to act in a manner dangerous to 

31 public safety and that the granting of such relief is not con32 trary to the public interest. 

33 ‘‘(3) A licensee or permittee who applies for relief, under this 

34 subsection, from the disabilities incurred under this chapter as 

35 a result of an indictment for or conviction of a crime punish36 able by imprisonment for a term exceeding 1 year shall not be 

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1 cense or permit pending final action on an application for relief 

2 filed pursuant to this section. 

3 ‘‘(c) It is an affirmative defense against any proceeding in4 volving subsections (l) through (o) of section 612 if the pro5 ponent proves by a preponderance of the evidence that the plas6 tic explosive— 

7 ‘‘(1) consisted of a small amount of plastic explosive in8 tended for and utilized solely in lawful— 

9 ‘‘(A) research, development, or testing of new or 

10 modified explosive materials; 

11 ‘‘(B) training in explosives detection or development 

12 or testing of explosives detection equipment; or 

13 ‘‘(C) forensic science purposes; or 

14 ‘‘(2) was plastic explosive that, within 3 years after the 

15 date of enactment of the Antiterrorism and Effective Death 

16 Penalty Act of 1996, will be or is incorporated in a military 

17 device within the territory of the United States and re18 mains an integral part of such military device, or is in19 tended to be, or is incorporated in, and remains an integral 

20 part of a military device that is intended to become, or has 

21 become, the property of any agency of the United States 

22 performing military or police functions (including any mili23 tary reserve component) or the National Guard of any 

24 State, wherever such device is located. 

25 ‘‘(3) For purposes of this subsection, the term ‘military 

26 device’ includes, shells, bombs, projectiles, mines, missiles, 

27 rockets, shaped charges, grenades, perforators, and similar 

28 devices lawfully manufactured exclusively for military or 

29 police purposes. 

30 ‘‘§ 616. Additional powers of the Attorney General 

31 ‘‘(a) The Attorney General is authorized to inspect the site 

32 of any accident, or fire, in which there is reason to believe that 

33 explosive materials were involved, in order that if any such inci34 dent has been brought about by accidental means, precautions 

35 may be taken to prevent similar accidents from occurring. In 

36 order to carry out the purpose of this subsection, the Attorney 

37 General is authorized to enter into or upon any property where 


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1 explosive materials have been used, are suspected of having 

2 been used, or have been found in an otherwise unauthorized lo3 cation. Nothing in this chapter shall be construed as modifying 

4 or otherwise affecting in any way the investigative authority of 

5 any other Federal agency. In addition to any other investiga6 tory authority they have with respect to violations of provisions 

7 of this chapter, the Federal Bureau of Investigation, together 

8 with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, 

9 shall have authority to conduct investigations with respect to 

10 violations of subsection (d), (e), (f), (g), (h), or (i) of section 

11 614. 

12 ‘‘(b) The Attorney General is authorized to establish a na13 tional repository of information on incidents involving arson 

14 and the suspected criminal misuse of explosives. All Federal 

15 agencies having information concerning such incidents shall re16 port the information to the Attorney General pursuant to such 

17 regulations as deemed necessary to carry out the provisions of 

18 this subsection. The repository shall also contain information 

19 on incidents voluntarily reported to the Attorney General by 

20 State and local authorities. 

21 ‘‘§ 617. Rules and regulations 

22 ‘‘The administration of this subchapter shall be vested in the 

23 Attorney General. The Attorney General may prescribe such 

24 rules and regulations as he deems reasonably necessary to 

25 carry out the provisions of this chapter. The Attorney General 

26 shall give reasonable public notice, and afford to interested par27 ties opportunity for hearing, prior to prescribing such rules and 

28 regulations. 

29 ‘‘§ 618. Effect on State law 

30 ‘‘No provision of this subchapter shall be construed as indi31 cating an intent on the part of the Congress to occupy the field 

32 in which such provision operates to the exclusion of the law of 

33 any State on the same subject matter, unless there is a direct 

34 and positive conflict between such provision and the law of the 

35 State so that the two cannot be reconciled or consistently stand 

36 together. 


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1 ‘‘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. 

2 ‘‘§ 621. Prohibitions with respect to biological 

3 weapons 

4 ‘‘(a) IN GENERAL.—Whoever knowingly develops, produces, 

5 stockpiles, transfers, acquires, retains, or possesses any biologi6 cal agent, toxin, or delivery system for use as a weapon, or 

7 knowingly assists a foreign state or any organization to do so 

8 shall be imprisoned for life or any term of years. There is 

9 extraterritorial Federal jurisdiction over an offense under this 

10 section committed by or against a national of the United 

11 States. 

12 ‘‘(b) ADDITIONAL OFFENSE.—Whoever knowingly possesses 

13 any biological agent, toxin, or delivery system of a type or in 

14 a quantity that, under the circumstances, is not reasonably jus15 tified by a prophylactic, protective, bona fide research, or other 

16 peaceful purpose, shall be imprisoned not more than 10 years. 

17 In this subsection, the terms ‘biological agent’ and ‘toxin’ do 

18 not encompass any biological agent or toxin that is in its natu19 rally occurring environment, if the biological agent or toxin has 

20 not been cultivated, collected, or otherwise extracted from its 

21 natural source. 

22 ‘‘(c) DEFINITION.—For purposes of this section, the term 

23 ‘for use as a weapon’ includes the development, production, 

24 transfer, acquisition, retention, or possession of any biological 

25 agent, toxin, or delivery system for other than prophylactic, 

26 protective, bona fide research, or other peaceful purposes. 

27 ‘‘§ 622. Requests for military assistance to enforce 

28 prohibition in certain emergencies 

29 ‘‘The Attorney General may request the Secretary of Defense 

30 to provide assistance under section 382 of title 10 in support 


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1 of Department of Justice activities relating to the enforcement 

2 of section 621 in an emergency situation involving a biological 

3 weapon of mass destruction. The authority to make such a re4 quest may be exercised by another official of the Department 

5 of Justice in accordance with section 382(f)(2) of title 10. 

6 ‘‘§ 623. Possession by restricted persons 

7 ‘‘(a) IN GENERAL.—(1) No restricted person shall ship or 

8 transport in or affecting interstate or foreign commerce, or pos9 sess in or affecting interstate or foreign commerce, any biologi10 cal agent or toxin, or receive any biological agent or toxin that 

11 has been shipped or transported in interstate or foreign com12 merce, if the biological agent or toxin is listed as a select agent 

13 in Appendix A of part 72 of title 42, Code of Federal Regula14 tions, pursuant to section 351A of the Public Health Service 

15 Act, and is not exempted under subsection (h) of section 72.6, 

16 or Appendix A of part 72, of title 42, Code of Federal Regula17 tions. 

18 ‘‘(2) Whoever knowingly violates this section shall be impris19 oned not more than 10 years, but the prohibition contained in 

20 this section shall not apply with respect to any duly authorized 

21 United States governmental activity. 

22 ‘‘(b) TRANSFER TO UNREGISTERED PERSON.— 

23 ‘‘(1) SELECT AGENTS.—Whoever transfers a select agent 

24 to a person who the transferor knows or has reasonable 

25 cause to believe is not registered as required by regulations 

26 under subsection (b) or (c) of section 351A of the Public 

27 Health Service Act shall be imprisoned for not more than 

28 5 years. 

29 ‘‘(2) CERTAIN OTHER BIOLOGICAL AGENTS AND TOX30 INS.—Whoever transfers a biological agent or toxin listed 

31 pursuant to section 212(a)(1) of the Agricultural Bioter32 rorism Protection Act of 2002 to a person who the trans33 feror knows or has reasonable cause to believe is not reg34 istered as required by regulations under subsection (b) or 

35 (c) of section 212 of such Act shall be imprisoned for not 

36 more than 5 years. 

37 ‘‘(c) UNREGISTERED FOR POSSESSION.— 


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1 ‘‘(1) SELECT AGENTS.—Whoever knowingly possesses a 

2 biological agent or toxin where such agent or toxin is a se3 lect agent for which such person has not obtained a reg4 istration required by regulations under section 351A(c) of 

5 the Public Health Service Act shall be or imprisoned for 

6 not more than 5 years. 

7 ‘‘(2) CERTAIN OTHER BIOLOGICAL AGENTS AND TOX8 INS.—Whoever knowingly possesses a biological agent or 

9 toxin where such agent or toxin is a biological agent or 

10 toxin listed pursuant to section 212(a)(1) of the Agricul11 tural Bioterrorism Protection Act of 2002 for which such 

12 person has not obtained a registration required by regula13 tions under section 212(c) of such Act shall be imprisoned 

14 for not more than 5 years. 

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

16 ‘‘(1) The term ‘select agent’ means a biological agent or 

17 toxin to which subsection (a) applies. Such term (including 

18 for purposes of subsection (a)) does not include any such 

19 biological agent or toxin that is in its naturally-occurring 

20 environment, if the biological agent or toxin has not been 

21 cultivated, collected, or otherwise extracted from its natural 

22 source. 

23 ‘‘(2) The term ‘restricted person’ means an individual 

24 who— 

25 ‘‘(A) is under indictment for a crime punishable by 

26 imprisonment for a term exceeding 1 year; 

27 ‘‘(B) has been convicted in any court of a crime pun28 ishable by imprisonment for a term exceeding 1 year; 

29 ‘‘(C) is a fugitive from justice; 

30 ‘‘(D) is an unlawful user of any controlled substance 

31 (as defined in section 102 of the Controlled Substances 

32 Act (21 U.S.C. 802)); 

33 ‘‘(E) is an alien illegally or unlawfully in the United 

34 States; 

35 ‘‘(F) has been adjudicated as a mental defective or 

36 has been committed to any mental institution; 


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1 ‘‘(G)(i) is an alien (other than an alien lawfully ad2 mitted for permanent residence) who is a national of a 

3 country as to which the Secretary of State, pursuant 

4 to section 6(j) of the Export Administration Act of 

5 1979 (50 U.S.C. App. 2405(j)), section 620A of chap6 ter 1 of part M of the Foreign Assistance Act of 1961 

7 (22 U.S.C. 2371), or section 40(d) of chapter 3 of the 

8 Arms Export Control Act (22 U.S.C. 2780(d)), has 

9 made a determination (that remains in effect) that 

10 such country has repeatedly provided support for acts 

11 of international terrorism, or (ii) acts for or on behalf 

12 of, or operates subject to the direction or control of, a 

13 government or official of a country described in this 

14 subparagraph; 

15 ‘‘(H) has been discharged from the Armed Services 

16 of the United States under dishonorable conditions; or 

17 ‘‘(I) is a member of, acts for or on behalf of, or oper18 ates subject to the direction or control of, a terrorist 

19 organization as defined in section 212(a)(3)(B)(vi) of 

20 the Immigration and Nationality Act (8 U.S.C. 

21 1182(a)(3)(B)(vi)). 

22 ‘‘(3) The term ‘alien’ has the same meaning as in section 

23 101(a)(3) of the Immigration and Nationality Act (8 

24 U.S.C. 1101(a)(3)). 

25 ‘‘(4) The term ‘lawfully admitted for permanent resi26 dence’ has the same meaning as in section 101(a)(20) of 

27 the Immigration and Nationality Act (8 U.S.C. 

28 1101(a)(20)). 

29 ‘‘§ 624. Variola virus 

30 ‘‘(a) UNLAWFUL CONDUCT.— 

31 ‘‘(1) IN GENERAL.—Except as provided in paragraph 

32 (2), it shall be unlawful for any person to knowingly 

33 produce, engineer, synthesize, acquire, transfer directly or 

34 indirectly, receive, possess, import, export, or use, or pos35 sess and threaten to use, variola virus. 


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1 ‘‘(2) EXCEPTION.—This subsection does not apply to 

2 conduct by, or under the authority of, the Secretary of 

3 Health and Human Services. 

4 ‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is 

5 within the jurisdiction of the United States if— 

6 ‘‘(1) the offense occurs in or affects interstate or foreign 

7 commerce; 

8 ‘‘(2) the offense occurs outside of the United States and 

9 is committed by a national of the United States; 

10 ‘‘(3) the offense is committed against a national of the 

11 United States while the national is outside the United 

12 States; 

13 ‘‘(4) the offense is committed against any property that 

14 is owned, leased, or used by the United States or by any 

15 department or agency of the United States, whether the 

16 property is within or outside the United States; or 

17 ‘‘(5) an offender aids or abets any person over whom ju18 risdiction exists under this subsection in committing an of19 fense under this section or conspires with any person over 

20 whom jurisdiction exists under this subsection to commit 

21 an offense under this section. 

22 ‘‘(c) CRIMINAL PENALTIES.— 

23 ‘‘(1) IN GENERAL.—Whoever violates subsection (a) shall 

24 be sentenced to a term of imprisonment not less than 25 

25 years or to imprisonment for life. 

26 ‘‘(2) OTHER CIRCUMSTANCES.—Whoever, in the course 

27 of a violation of subsection (a), uses or possesses and 

28 threatens to use, any item or items described in subsection 

29 (a), shall be imprisoned for not less than 30 years or im30 prisoned for life. 

31 ‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another 

32 results from a person’s violation of subsection (a), the per33 son shall be punished by imprisonment for life. 

34 ‘‘(d) DEFINITION.—As used in this section, the term ‘variola 

35 virus’ means a virus that can cause human smallpox or any de36 rivative of the variola major virus that contains more than 85 


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1 percent of the gene sequence of the variola major virus or the 

2 variola minor virus. 

3 ‘‘§ 625. Seizure, forfeiture, and destruction 

4 ‘‘(a) IN GENERAL.—(1) Except as provided in paragraph 

5 (2), the Attorney General may request the issuance, in the 

6 same manner as provided for a search warrant, of a warrant 

7 authorizing the seizure of any biological agent, toxin, or deliv8 ery system that— 

9 ‘‘(A) pertains to conduct prohibited under section 621; or 

10 ‘‘(B) is of a type or in a quantity that under the cir11 cumstances has no apparent justification for prophylactic, 

12 protective, or other peaceful purposes. 

13 ‘‘(2) In exigent circumstances, seizure and destruction of any 

14 biological agent, toxin, or delivery system described in subpara15 graphs (A) and (B) of paragraph (1) may be made upon prob16 able cause without the necessity for a warrant. 

17 ‘‘(b) PROCEDURE.—Property seized pursuant to subsection 

18 (a) shall be forfeited to the United States after notice to poten19 tial claimants and an opportunity for a hearing. At such hear20 ing, the Government shall bear the burden of persuasion by a 

21 preponderance of the evidence. Except as inconsistent herewith, 

22 the same procedures and provisions of law relating to a for23 feiture under the customs laws shall extend to a seizure or for24 feiture under this section. The Attorney General may provide 

25 for the destruction or other appropriate disposition of any bio26 logical agent, toxin, or delivery system seized and forfeited pur27 suant to this section. 

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

29 against a forfeiture under subsection (a)(1)(B) of this section 

30 that— 

31 ‘‘(1) such biological agent, toxin, or delivery system is for 

32 a prophylactic, protective, or other peaceful purpose; and 

33 ‘‘(2) such biological agent, toxin, or delivery system, is 

34 of a type and quantity reasonable for that purpose. 

35 ‘‘§ 626. Injunctions 

36 ‘‘(a) IN GENERAL.—The United States may obtain in a civil 

37 action an injunction against— 


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1 ‘‘(1) the conduct prohibited under section 621 of this 

2 title; 

3 ‘‘(2) the preparation, solicitation, attempt, threat, or 

4 conspiracy to engage in conduct prohibited under section 

5 621; or 

6 ‘‘(3) the development, production, stockpiling, transfer7 ring, acquisition, retention, or possession, or the attempted 

8 development, production, stockpiling, transferring, acquisi9 tion, retention, or possession of any biological agent, toxin, 

10 or delivery system of a type or in a quantity that under the 

11 circumstances has no apparent justification for prophy12 lactic, protective, or other peaceful purposes. 

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

14 against an injunction under subsection (a)(3) of this section 

15 that— 

16 ‘‘(1) the conduct sought to be enjoined is for a prophy17 lactic, protective, or other peaceful purpose; and 

18 ‘‘(2) such biological agent, toxin, or delivery system is of 

19 a type and quantity reasonable for that purpose. 

20 ‘‘§ 627. Definitions 

21 ‘‘As used in this chapter— 

22 ‘‘(1) the term ‘biological agent’ means any microorga23 nism (including bacteria, viruses, fungi, rickettsiae or pro24 tozoa), or infectious substance, or any naturally occurring, 

25 bioengineered or synthesized component of any such micro26 organism or infectious substance, capable of causing— 

27 ‘‘(A) death, disease, or other biological malfunction 

28 in a human, an animal, a plant, or another living orga29 nism; 

30 ‘‘(B) deterioration of food, water, equipment, sup31 plies, or material of any kind; or 

32 ‘‘(C) deleterious alteration of the environment; 

33 ‘‘(2) the term ‘toxin’ means the toxic material or product 

34 of plants, animals, microorganisms (including bacteria, vi35 ruses, fungi, rickettsiae or protozoa), or infectious sub36 stances, or a recombinant or synthesized molecule, what37 ever their origin and method of production, and includes— 


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1 ‘‘(A) any poisonous substance or biological product 

2 that may be engineered as a result of biotechnology 

3 produced by a living organism; or 

4 ‘‘(B) any poisonous isomer or biological product, 

5 homolog, or derivative of such a substance; 

6 ‘‘(3) the term ‘delivery system’ means— 

7 ‘‘(A) any apparatus, equipment, device, or means of 

8 delivery specifically designed to deliver or disseminate 

9 a biological agent, toxin, or vector; or 

10 ‘‘(B) any vector; and 

11 ‘‘(4) the term ‘vector’ means a living organism, or mol12 ecule, including a recombinant or synthesized molecule, ca13 pable of carrying a biological agent or toxin to a host. 

14 ‘‘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. 

15 ‘‘§ 631. Prohibited activities 

16 ‘‘(a) UNLAWFUL CONDUCT.—Except as provided in sub17 section (b), it shall be unlawful for any person knowingly— 

18 ‘‘(1) to develop, produce, otherwise acquire, transfer di19 rectly or indirectly, receive, stockpile, retain, own, possess, 

20 or use, or threaten to use, any chemical weapon; or 

21 ‘‘(2) to assist or induce, in any way, any person to vio22 late paragraph (1). 

23 ‘‘(b) EXEMPTED AGENCIES AND PERSONS.— 

24 ‘‘(1) IN GENERAL.—Subsection (a) does not apply to the 

25 retention, ownership, possession, transfer, or receipt of a 

26 chemical weapon by a department, agency, or other entity 

27 of the United States, or by a person described in paragraph 

28 (2), pending destruction of the weapon. 

29 ‘‘(2) EXEMPTED PERSONS.—A person referred to in 

30 paragraph (1) is— 


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1 ‘‘(A) any person, including a member of the Armed 

2 Forces of the United States, who is authorized by law 

3 or by an appropriate officer of the United States to re4 tain, own, possess, transfer, or receive the chemical 

5 weapon; or 

6 ‘‘(B) in an emergency situation, any otherwise non7 culpable person if the person is attempting to destroy 

8 or seize the weapon. 

9 ‘‘(c) JURISDICTION.—Conduct prohibited by subsection (a) is 

10 within the jurisdiction of the United States if the prohibited 

11 conduct— 

12 ‘‘(1) takes place in the United States; 

13 ‘‘(2) takes place outside of the United States and is com14 mitted by a national of the United States; 

15 ‘‘(3) is committed against a national of the United 

16 States while the national is outside the United States; or 

17 ‘‘(4) is committed against any property that is owned, 

18 leased, or used by the United States or by any department 

19 or agency of the United States, whether the property is 

20 within or outside the United States. 

21 ‘‘§ 632. Penalties 

22 ‘‘(a) CRIMINAL PENALTIES.— 

23 ‘‘(1) IN GENERAL.—Whoever violates section 631 of this 

24 title shall be imprisoned for any term of years. 

25 ‘‘(2) DEATH PENALTY.—Whoever violates section 631 of 

26 this title and by whose action the death of another person 

27 is the result shall be punished by death or imprisoned for 

28 life. 

29 ‘‘(b) CIVIL PENALTIES.— 

30 ‘‘(1) IN GENERAL.—The Attorney General may bring a 

31 civil action in the appropriate United States district court 

32 against any person who violates section 631 of this title 

33 and, upon proof of such violation by a preponderance of the 

34 evidence, such person shall be subject to pay a civil penalty 

35 in an amount not to exceed $100,000 for each such viola36 tion. 


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1 ‘‘(2) RELATION TO OTHER PROCEEDINGS.—The imposi2 tion of a civil penalty under this subsection does not pre3 clude any other criminal or civil statutory, common law, or 

4 administrative remedy, which is available by law to the 

5 United States or any other person. 

6 ‘‘(c) REIMBURSEMENT OF COSTS.—The court shall order 

7 any person convicted of an offense under subsection (a) to re8 imburse the United States for any expenses incurred by the 

9 United States incident to the seizure, storage, handling, trans10 portation, and destruction or other disposition of any property 

11 that was seized in connection with an investigation of the com12 mission of the offense by that person. A person ordered to re13 imburse the United States for expenses under this subsection 

14 shall be jointly and severally liable for such expenses with each 

15 other person, if any, who is ordered under this subsection to 

16 reimburse the United States for the same expenses. 

17 ‘‘§ 633. Individual self-defense devices 

18 ‘‘This subchapter does not prohibit any individual self-de19 fense device, including one using a pepper spray or chemical 

20 mace. 

21 ‘‘§ 634. Injunctions 

22 ‘‘The United States may obtain in a civil action an injunc23 tion against— 

24 ‘‘(1) the conduct prohibited under section 631 or 674; or 

25 ‘‘(2) the preparation or solicitation to engage in conduct 

26 prohibited under section 631 or 675. 

27 ‘‘§ 635. Requests for military assistance to enforce 

28 prohibition in certain emergencies 

29 ‘‘The Attorney General may request the Secretary of Defense 

30 to provide assistance under section 382 of title 10 in support 

31 of Department of Justice activities relating to the enforcement 

32 of section 631 in an emergency situation involving a chemical 

33 weapon. The authority to make such a request may be exer34 cised by another official of the Department of Justice in ac35 cordance with section 382(f)(2) of title 10. 

36 ‘‘§ 636. Definitions 

37 ‘‘In this chapter the following apply: 


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1 ‘‘(1) CHEMICAL WEAPON.—The term ‘chemical weapon’ 

2 means the following, together or separately: 

3 ‘‘(A) A toxic chemical and its precursors, except 

4 where intended for a purpose not prohibited under this 

5 chapter as long as the type and quantity is consistent 

6 with such a purpose. 

7 ‘‘(B) A munition or device, specifically designed to 

8 cause death or other harm through toxic properties of 

9 those toxic chemicals specified in subparagraph (A), 

10 which would be released as a result of the employment 

11 of such munition or device. 

12 ‘‘(C) Any equipment specifically designed for use di13 rectly in connection with the employment of munitions 

14 or devices specified in subparagraph (B). 

15 ‘‘(2) CHEMICAL WEAPONS CONVENTION; CONVENTION.— 

16 The terms ‘Chemical Weapons Convention’ and ‘Conven17 tion’ mean the Convention on the Prohibition of the Devel18 opment, Production, Stockpiling and Use of Chemical 

19 Weapons and on Their Destruction, opened for signature 

20 on January 13, 1993. 

21 ‘‘(3) KEY COMPONENT OF A BINARY OR MULTICOMPO22 NENT CHEMICAL SYSTEM.—The term ‘key component of a 

23 binary or multicomponent chemical system’ means the pre24 cursor which plays the most important role in determining 

25 the toxic properties of the final product and reacts rapidly 

26 with other chemicals in the binary or multicomponent sys27 tem. 

28 ‘‘(4) PRECURSOR.— 

29 ‘‘(A) IN GENERAL.—The term ‘precursor’ means any 

30 chemical reactant which takes part at any stage in the 

31 production by whatever method of a toxic chemical. 

32 The term includes any key component of a binary or 

33 multicomponent chemical system. 

34 ‘‘(B) LIST OF PRECURSORS.—Precursors which have 

35 been identified for the application of verification meas36 ures under Article VI of the Convention are listed in 


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1 schedules contained in the Annex on Chemicals of the 

2 Chemical Weapons Convention. 

3 ‘‘(5) PURPOSES NOT PROHIBITED BY THIS CHAPTER.— 

4 The term ‘purposes not prohibited by this chapter’ means 

5 the following: 

6 ‘‘(A) PEACEFUL PURPOSES.—Any peaceful purpose 

7 related to an industrial, agricultural, research, medical, 

8 or pharmaceutical activity or other activity. 

9 ‘‘(B) PROTECTIVE PURPOSES.—Any purpose directly 

10 related to protection against toxic chemicals and to 

11 protection against chemical weapons. 

12 ‘‘(C) UNRELATED MILITARY PURPOSES.—Any mili13 tary purpose of the United States that is not connected 

14 with the use of a chemical weapon or that is not de15 pendent on the use of the toxic or poisonous properties 

16 of the chemical weapon to cause death or other harm. 

17 ‘‘(D) LAW ENFORCEMENT PURPOSES.—Any law en18 forcement purpose, including any domestic riot control 

19 purpose and including imposition of capital punish20 ment. 

21 ‘‘(6) TOXIC CHEMICAL.— 

22 ‘‘(A) IN GENERAL.—The term ‘toxic chemical’ means 

23 any chemical which through its chemical action on life 

24 processes can cause death, temporary incapacitation or 

25 permanent harm to humans or animals. The term in26 cludes all such chemicals, regardless of their origin or 

27 of their method of production, and regardless of wheth28 er they are produced in facilities, in munitions or else29 where. 

30 ‘‘(B) LIST OF TOXIC CHEMICALS.—Toxic chemicals 

31 which have been identified for the application of 

32 verification measures under Article VI of the Conven33 tion are listed in schedules contained in the Annex on 

34 Chemicals of the Chemical Weapons Convention. 

35 ‘‘CHAPTER 23—THEFT AND RELATED CRIMES 

‘‘Subchapter Sec. 

‘‘A. Embezzlement and theft ................................................... 641 


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‘‘B. Stolen property .................................................................... 671 

‘‘C. Counterfeiting and forgery ............................................. 691 

1 ‘‘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. 

2 ‘‘§ 641. Public money, property or records 

3 ‘‘(a) OFFENSE.—Whoever— 

4 ‘‘(1) embezzles, steals, purloins, or knowingly converts to 

5 his use or the use of another, or without authority, sells, 

6 conveys or disposes of any record, voucher, money, or thing 

7 of value of the United States or of any department or agen8 cy thereof, or any property made or being made under con9 tract for the United States or any department or agency 

10 thereof; or 

11 ‘‘(2) receives, conceals, or retains the same with intent 

12 to convert it to his use or gain, knowing it to have been 

13 embezzled, stolen, purloined or converted; 

14 shall be imprisoned not more than ten years; but if the value 

15 of such property in the aggregate, combining amounts from all 

16 the counts for which the defendant is convicted in a single case, 

17 does not exceed the sum of $1,000, he shall be imprisoned not 

18 more than one year. 

19 ‘‘(b) DEFINITION.—As used in this section the term ‘value’ 

20 means face, par, or market value, or cost price, either wholesale 

21 or retail, whichever is greater. 


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1 ‘‘§ 642. Accounting generally for public money 

2 ‘‘Whoever, being an officer, employee or agent of the United 

3 States or of any department or agency thereof, having received 

4 public money which he is not authorized to retain as salary, 

5 pay, or emolument, fails to render his accounts for the same 

6 as provided by law is guilty of embezzlement, and shall be or 

7 imprisoned not more than ten years; but if the amount embez8 zled does not exceed $1,000, he shall be imprisoned not more 

9 than one year. 

10 ‘‘§ 643. Officer or employee of United States con11 verting property of another 

12 ‘‘Whoever, being an officer or employee of the United States 

13 or of any department or agency thereof, embezzles or wrong14 fully converts to his own use the money or property of another 

15 which comes into his possession or under his control in the exe16 cution of such office or employment, or under color or claim 

17 of authority as such officer or employee, shall be imprisoned 

18 not more than ten years; but if the sum embezzled is $1,000 

19 or less, he shall be imprisoned not more than one year. 

20 ‘‘§ 644. Theft, embezzlement, or misapplication by 

21 bank officer or employee 

22 ‘‘(a) OFFENSE.—Whoever, being an officer, director, agent 

23 or employee of, or connected in any capacity with any Federal 

24 Reserve bank, member bank, depository institution holding 

25 company, national bank, insured bank, branch or agency of a 

26 foreign bank, or organization operating under section 25 or 

27 section 25(a) of the Federal Reserve Act, or a receiver of a na28 tional bank, insured bank, branch, agency, or organization or 

29 any agent or employee of the receiver, or a Federal Reserve 

30 Agent, or an agent or employee of a Federal Reserve Agent or 

31 of the Board of Governors of the Federal Reserve System, em32 bezzles, abstracts, purloins or knowingly misapplies any of the 

33 moneys, funds or credits of such bank, branch, agency, or orga34 nization or holding company or any moneys, funds, assets or 

35 securities intrusted to the custody or care of such bank, 

36 branch, agency, or organization, or holding company or to the 

37 custody or care of any such agent, officer, director, employee 


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1 or receiver, shall be imprisoned not more than 30 years; but 

2 if the amount embezzled, abstracted, purloined or misapplied 

3 does not exceed $1,000, he shall be imprisoned not more than 

4 one year. 

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

6 ‘‘(1) the term ‘member bank’ means any national bank, 

7 state bank, or bank and trust company which has become 

8 a member of one of the Federal Reserve banks; 

9 ‘‘(2) the term ‘insured bank’ means any bank, banking 

10 association, trust company, savings bank, or other banking 

11 institution, the deposits of which are insured by the Fed12 eral Deposit Insurance Corporation; 

13 ‘‘(3) the term ‘branch or agency of a foreign bank’ 

14 means a branch or agency described in section 20(9) of this 

15 title; and 

16 ‘‘(4) the term ‘depository institution holding company’ 

17 has the meaning given such term in section 3 of the Fed18 eral Deposit Insurance Act. 

19 ‘‘§ 645. Lending, credit, and insurance institutions 

20 ‘‘Whoever, being an officer, agent or employee of or con21 nected in any capacity with the Federal Deposit Insurance Cor22 poration, National Credit Union Administration, Office of 

23 Thrift Supervision, the Resolution Trust Corporation, any Fed24 eral home loan bank, the Federal Housing Finance Agency, 

25 Farm Credit Administration, Department of Housing and 

26 Urban Development, Federal Crop Insurance Corporation, the 

27 Secretary of Agriculture acting through the Farmers Home Ad28 ministration or successor agency, the Rural Development Ad29 ministration or successor agency, or the Farm Credit System 

30 Insurance Corporation, a Farm Credit Bank, a bank for co31 operatives or any lending, mortgage, insurance, credit or sav32 ings and loan corporation or association authorized or acting 

33 under the laws of the United States or any institution, other 

34 than an insured bank (as defined in section 656), the accounts 

35 of which are insured by the Federal Deposit Insurance Cor36 poration, or by the National Credit Union Administration 

37 Board or any small business investment company, or any comVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00283 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 munity development financial institution receiving financial as2 sistance under the Riegle Community Development and Regu3 latory Improvement Act of 1994, and whoever, being a receiver 

4 of any such institution, or agent or employee of the receiver, 

5 embezzles, abstracts, purloins or knowingly misapplies any 

6 moneys, funds, credits, securities or other things of value be7 longing to such institution, or pledged or otherwise intrusted to 

8 its care, shall be imprisoned not more than 30 years; but if the 

9 amount or value embezzled, abstracted, purloined or misapplied 

10 does not exceed $1,000, he shall be imprisoned not more than 

11 one year. 

12 ‘‘§ 646. Property mortgaged or pledged to farm 

13 credit agencies 

14 ‘‘Whoever, with intent to defraud, knowingly conceals, re15 moves, disposes of, or converts to his own use or to that of an16 other, any property mortgaged or pledged to, or held by, the 

17 Farm Credit Administration, any Federal intermediate credit 

18 bank, or the Federal Crop Insurance Corporation, the Sec19 retary of Agriculture acting through the Farmers Home Ad20 ministration or successor agency, the Rural Development Ad21 ministration or successor agency, any regional agricultural 

22 credit corporation, or any bank for cooperatives, shall be im23 prisoned not more than five years; but if the value of such 

24 property does not exceed $1,000, he shall be imprisoned not 

25 more than one year. 

26 ‘‘§ 647. Interstate or foreign shipments by carrier; 

27 State prosecutions 

28 ‘‘(a) OFFENSE.—Whoever— 

29 ‘‘(1) embezzles, steals, or unlawfully takes, carries away, 

30 or conceals, or by fraud or deception obtains from any 

31 pipeline system, railroad car, wagon, motortruck, or other 

32 vehicle, or from any tank or storage facility, station, station 

33 house, platform or depot or from any steamboat, vessel, or 

34 wharf, or from any aircraft, air terminal, airport, aircraft 

35 terminal or air navigation facility with intent to convert to 

36 his own use any goods or chattels moving as or which are 


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1 a part of or which constitute an interstate or foreign ship2 ment of freight, express, or other property; 

3 ‘‘(2) buys or receives or has in his possession any such 

4 goods or chattels, knowing the same to have been embez5 zled or stolen; 

6 ‘‘(3) embezzles, steals, or unlawfully takes, carries away, 

7 or by fraud or deception obtains with intent to convert to 

8 his own use any baggage which shall have come into the 

9 possession of any common carrier for transportation in 

10 interstate or foreign commerce or breaks into, steals, takes, 

11 carries away, or conceals any of the contents of such bag12 gage, or buys, receives, or has in his possession any such 

13 baggage or any article therefrom of whatever nature, know14 ing the same to have been embezzled or stolen; or 

15 ‘‘(4) embezzles, steals, or unlawfully takes by any fraud16 ulent device, scheme, or game, from any railroad car, bus, 

17 vehicle, steamboat, vessel, or aircraft operated by any com18 mon carrier moving in interstate or foreign commerce or 

19 from any passenger thereon any money, baggage, goods, or 

20 chattels, or whoever buys, receives, or has in his possession 

21 any such money, baggage, goods, or chattels, knowing the 

22 same to have been embezzled or stolen; 

23 shall be imprisoned not more than ten years, but if the amount 

24 or value of such money, baggage, goods or chattels does not ex25 ceed $1,000, shall be imprisoned not more than one year. 

26 ‘‘(b) BAR TO PROSECUTION.—A judgment of conviction or 

27 acquittal on the merits under the laws of any State shall be 

28 a bar to any prosecution under this section for the same act 

29 or acts. Nothing contained in this section shall be construed as 

30 indicating an intent on the part of Congress to occupy the field 

31 in which provisions of this section operate to the exclusion of 

32 State laws on the same subject matter, nor shall any provision 

33 of this section be construed as invalidating any provision of 

34 State law unless such provision is inconsistent with any of the 

35 purposes of this section or any provision thereof. 


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1 ‘‘§ 648. Carrier’s funds derived from commerce; 

2 State prosecutions 

3 ‘‘(a) OFFENSE.—Whoever, being a president, director, offi4 cer, or manager of any firm, association, or corporation en5 gaged in commerce as a common carrier, or whoever, being an 

6 employee of such common carrier riding in or upon any rail7 road car, motortruck, steamboat, vessel, aircraft or other vehi8 cle of such carrier moving in interstate commerce, embezzles, 

9 steals, abstracts, or knowingly misapplies, or knowingly permits 

10 to be misapplied, any of the moneys, funds, credits, securities, 

11 property, or assets of such firm, association, or corporation 

12 arising or accruing from, or used in, such commerce, in whole 

13 or in part, or knowingly converts the same to his own use or 

14 to the use of another, shall be imprisoned not more than ten 

15 years. 

16 ‘‘(b) VENUE.—The offense shall be deemed to have been 

17 committed not only in the district where the violation first oc18 curred but also in any district in which the defendant may have 

19 taken or had possession of such moneys, funds, credits, securi20 ties, property or assets. 

21 ‘‘(c) BAR TO PROSECUTION.—A judgment of conviction or 

22 acquittal on the merits under the laws of any State shall be 

23 a bar to any prosecution hereunder for the same act or acts. 

24 ‘‘§ 649. Within special maritime and territorial ju25 risdiction 

26 ‘‘Whoever, within the special maritime and territorial juris27 diction of the United States, takes and carries away, with in28 tent to steal or purloin, any personal property of another shall, 

29 if the property taken is of a value exceeding $1,000, or is taken 

30 from the person of another, be imprisoned not more than five 

31 years, and in all other cases, imprisoned not more than one 

32 year. 

33 ‘‘§ 650. Receiving stolen property within special 

34 maritime and territorial jurisdiction 

35 ‘‘Whoever, within the special maritime and territorial juris36 diction of the United States, buys, receives, or conceals any 

37 money, goods, bank notes, or other thing which may be the 


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1 subject of larceny, which has been feloniously taken, stolen, or 

2 embezzled, from any other person, knowing the same to have 

3 been so taken, stolen, or embezzled, shall be imprisoned not 

4 more than three years, but if the amount or value of thing so 

5 taken, stolen or embezzled does not exceed $1,000, the offender 

6 shall be imprisoned not more than one year. 

7 ‘‘§ 651. Theft or embezzlement from employee ben8 efit plan 

9 ‘‘(a) OFFENSE.—Whoever embezzles, steals, or unlawfully 

10 and knowingly abstracts or converts any property of any em11 ployee welfare benefit plan or employee pension benefit plan, or 

12 of any fund connected therewith, shall be imprisoned not more 

13 than five years. 

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

15 employee welfare benefit plan or employee pension benefit plan’ 

16 means any employee benefit plan subject to any provision of 

17 title I of the Employee Retirement Income Security Act of 

18 1974. 

19 ‘‘§ 652. Theft or embezzlement from employment 

20 and training funds; improper inducement; 

21 obstruction of investigations 

22 ‘‘(a) THEFT OR EMBEZZLEMENT FROM EMPLOYMENT AND

23 TRAINING FUNDS.—Whoever, being an officer, director, agent, 

24 or employee of, or connected in any capacity with any agency 

25 or organization receiving financial assistance or any funds 

26 under the Job Training Partnership Act or title I of the Work27 force Investment Act of 1998 knowingly enrolls an ineligible 

28 participant, embezzles, knowingly misapplies, steals, or obtains 

29 by fraud any property that is the subject of a financial assist30 ance agreement or contract pursuant to such Act shall be im31 prisoned for not more than 2 years, but if the amount so em32 bezzled, misapplied, stolen, or obtained by fraud does not ex33 ceed $1,000, the offender shall be imprisoned not more than 

34 1 year. 

35 ‘‘(b) IMPROPER INDUCEMENT.—Whoever, by threat or pro36 curing dismissal of any person from employment or of refusal 

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1 nection with a financial assistance agreement or contract under 

2 the Job Training Partnership Act or title I of the Workforce 

3 Investment Act of 1998 induces any person to give up any 

4 money or thing of any value to any person (including such or5 ganization or agency receiving funds) shall be imprisoned not 

6 more than 1 year. 

7 ‘‘§ 653. Theft or bribery concerning programs re8 ceiving Federal funds 

9 ‘‘(a) OFFENSE.—Whoever, as made applicable by subsection 

10 (b)— 

11 ‘‘(1) being an agent of an organization, or of a State, 

12 local, or Indian tribal government, or any agency thereof— 

13 ‘‘(A) embezzles, steals, obtains by fraud, or otherwise 

14 without authority knowingly converts or intentionally 

15 misapplies, property that— 

16 ‘‘(i) is valued at $5,000 or more, and 

17 ‘‘(ii) is owned by, or is under the care, custody, 

18 or control of such organization, government, or 

19 agency; or 

20 ‘‘(B) corruptly solicits or demands for the benefit of 

21 any person, or accepts or agrees to accept, anything of 

22 value from any person, intending to be influenced or re23 warded in connection with any business, transaction, or 

24 series of transactions of such organization, government, 

25 or agency involving any thing of value of $5,000 or 

26 more; or 

27 ‘‘(2) corruptly gives, offers, or agrees to give anything of 

28 value to any person, with intent to influence or reward an 

29 agent of an organization or of a State, local or Indian trib30 al government, or any agency thereof, in connection with 

31 any business, transaction, or series of transactions of such 

32 organization, government, or agency involving anything of 

33 value of $5,000 or more; 

34 shall be imprisoned not more than 10 years. 

35 ‘‘(b) APPLICABILITY.—Subsection (a) applies if the organiza36 tion, government, or agency receives, in any one year period, 

37 benefits in excess of $10,000 under a Federal program involvVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00288 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 ing a grant, contract, subsidy, loan, guarantee, insurance, or 

2 other form of Federal assistance. 

3 ‘‘(c) EXCLUSION.—This section does not apply to bona fide 

4 salary, wages, fees, or other compensation paid, or expenses 

5 paid or reimbursed, in the usual course of business. 

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

7 ‘‘(1) the term ‘agent’ means a person authorized to act 

8 on behalf of another person or a government and, in the 

9 case of an organization or government, includes a servant 

10 or employee, and a partner, director, officer, manager, and 

11 representative; 

12 ‘‘(2) the term ‘government agency’ means a subdivision 

13 of the executive, legislative, judicial, or other branch of gov14 ernment, including a department, independent establish15 ment, commission, administration, authority, board, and 

16 bureau, and a corporation or other legal entity established, 

17 and subject to control, by a government or governments for 

18 the execution of a governmental or intergovernmental pro19 gram; 

20 ‘‘(3) the term ‘local’ means of or pertaining to a political 

21 subdivision within a State; and 

22 ‘‘(4) the term ‘in any one-year period’ means a contin23 uous period that commences no earlier than twelve months 

24 before the commission of the offense or that ends no later 

25 than twelve months after the commission of the offense. 

26 Such period may include time both before and after the 

27 commission of the offense. 

28 ‘‘§ 654. Theft of major artwork 

29 ‘‘(a) OFFENSES.—A person who— 

30 ‘‘(1) steals or obtains by fraud from the care, custody, 

31 or control of a museum any object of cultural heritage; or 

32 ‘‘(2) knowing that an object of cultural heritage has been 

33 stolen or obtained by fraud, if in fact the object was stolen 

34 or obtained from the care, custody, or control of a museum 

35 (whether or not that fact is known to the person), receives, 

36 conceals, exhibits, or disposes of the object, 

37 shall be imprisoned not more than 10 years. 


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1 ‘‘(b) DEFINITIONS.—In this section— 

2 ‘‘(1) the term ‘museum’ means an organized and perma3 nent institution, the activities of which affect interstate or 

4 foreign commerce, that— 

5 ‘‘(A) is situated in the United States; 

6 ‘‘(B) is established for an essentially educational or 

7 aesthetic purpose; 

8 ‘‘(C) has a professional staff; and 

9 ‘‘(D) owns, utilizes, and cares for tangible objects 

10 that are exhibited to the public on a regular schedule; 

11 and 

12 ‘‘(2) the term ‘object of cultural heritage’ means an ob13 ject that is— 

14 ‘‘(A) over 100 years old and worth in excess of 

15 $5,000; or 

16 ‘‘(B) worth at least $100,000. 

17 ‘‘§ 655. Theft or embezzlement in connection with 

18 health care 

19 ‘‘Whoever knowingly embezzles, steals, or otherwise without 

20 authority converts or intentionally misapplies any of the mon21 eys, funds, securities, premiums, credits, property, or other as22 sets of a health care benefit program, shall be imprisoned not 

23 more than 10 years, but if the value of such property does not 

24 exceed the sum of $100 the offender shall be imprisoned not 

25 more than one year. 

26 ‘‘§ 656. Embezzlement of labor organization assets. 

27 ‘‘(a) OFFENSE.—Whoever, being an officer or employee of a 

28 labor organization, embezzles, steals, or unlawfully and know29 ingly abstracts or converts any of the property of the organiza30 tion shall be imprisoned for not more than five years. 

31 ‘‘(b) DEFINITION.—As used in this section the term ‘labor 

32 organization’ has the meaning given that term in the National 

33 Labor Relations Act. 

34 ‘‘SUBCHAPTER B—STOLEN PROPERTY 

‘‘Sec. 

‘‘670. Definitions for subchapter. 

‘‘671. Transportation of stolen vehicles. 

‘‘672. Sale or receipt of stolen vehicles. 


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‘‘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. 

1 ‘‘§ 670. Definitions for subchapter 

2 ‘‘The following definitions apply in this subchapter: 

3 ‘‘(1) The term ‘aircraft’ means any contrivance now 

4 known or hereafter invented, used, or designed for naviga5 tion of or for flight in the air. 

6 ‘‘(2) The term ‘cattle’ means one or more bulls, steers, 

7 oxen, cows, heifers, or calves, or the carcass or carcasses 

8 thereof. 

9 ‘‘(3) The term ‘livestock’ means any domestic animals 

10 raised for home use, consumption, or profit, such as horses, 

11 pigs, llamas, goats, fowl, sheep, buffalo, and cattle, or the 

12 carcasses thereof. 

13 ‘‘(4) The term ‘money’ means the legal tender of the 

14 United States or of any foreign country, or any counterfeit 

15 thereof. 

16 ‘‘(5) The term ‘motor vehicle’ means an automobile, 

17 automobile truck, automobile wagon, motorcycle, or any 

18 other self-propelled vehicle designed for running on land 

19 but not on rails. 

20 ‘‘(6) The term ‘securities’ means any note, stock certifi21 cate, bond, debenture, check, draft, warrant, traveler’s 

22 check, letter of credit, warehouse receipt, negotiable bill of 

23 lading, evidence of indebtedness, certificate of interest or 

24 participation in any profit-sharing agreement, collateral25 trust certificate, preorganization certificate or subscription, 

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1 cate; valid or blank motor vehicle title; certificate of inter2 est in property, tangible or intangible; instrument or docu3 ment or writing evidencing ownership of goods, wares, and 

4 merchandise, or transferring or assigning any right, title, 

5 or interest in or to goods, wares, and merchandise; or, in 

6 general, any instrument commonly known as a ‘security’, or 

7 any certificate of interest or participation in, temporary or 

8 interim certificate for, receipt for, warrant, or right to sub9 scribe to or purchase any of the foregoing, or any forged, 

10 counterfeited, or spurious representation of any of the fore11 going. 

12 ‘‘(7) The term ‘tax stamp’ means any tax stamp, tax 

13 token, tax meter imprint, or any other form of evidence of 

14 an obligation running to a State, or evidence of the dis15 charge thereof. 

16 ‘‘(8) The term ‘value’ means the face, par, or market 

17 value, whichever is the greatest, and the aggregate value of 

18 all goods, wares, and merchandise, securities, and money 

19 referred to in a single indictment shall constitute the value 

20 thereof. 

21 ‘‘(9) The term ‘vessel’ means any watercraft or other 

22 contrivance used or designed for transportation or naviga23 tion on, under, or immediately above, water. 

24 ‘‘§ 671. Transportation of stolen vehicles 

25 ‘‘Whoever transports in interstate or foreign commerce a 

26 motor vehicle, vessel, or aircraft, knowing the same to have 

27 been stolen, shall be imprisoned not more than 10 years. 

28 ‘‘§ 672. Sale or receipt of stolen vehicles 

29 ‘‘Whoever receives, possesses, conceals, stores, barters, sells, 

30 or disposes of any motor vehicle, vessel, or aircraft, which has 

31 crossed a State or United States boundary after being stolen, 

32 knowing the same to have been stolen, shall be imprisoned not 

33 more than 10 years. 

34 ‘‘§ 673. Transportation of stolen goods, securities, 

35 moneys, fraudulent State tax stamps, or 

36 articles used in counterfeiting 

37 ‘‘Whoever— 


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1 ‘‘(1) transports, transmits, or transfers in interstate or 

2 foreign commerce any goods, wares, merchandise, securities 

3 or money, of the value of $5,000 or more, knowing the 

4 same to have been stolen, converted or taken by fraud; 

5 ‘‘(2) having devised or intending to devise any scheme or 

6 artifice to defraud, or for obtaining money or property by 

7 means of false or fraudulent pretenses, representations, or 

8 promises, transports or causes to be transported, or in9 duces any person or persons to travel in, or to be trans10 ported in interstate or foreign commerce in the execution 

11 or concealment of a scheme or artifice to defraud that per12 son or those persons of money or property having a value 

13 of $5,000 or more; 

14 ‘‘(3) with unlawful intent, transports in interstate or for15 eign commerce any falsely made, forged, altered, or coun16 terfeited securities or tax stamps, knowing the same to 

17 have been falsely made, forged, altered, or counterfeited; 

18 ‘‘(4) with unlawful intent, transports in interstate or for19 eign commerce any traveler’s check bearing a forged 

20 countersignature; or 

21 ‘‘(5) with unlawful intent, transports in interstate or for22 eign commerce, any tool, implement, or thing used or fitted 

23 to be used in falsely making, forging, altering, or counter24 feiting any security or tax stamps, or any part thereof; 

25 shall be imprisoned not more than ten years. 

26 ‘‘§ 674. Sale or receipt of stolen goods, securities, 

27 moneys, or fraudulent State tax stamps 

28 ‘‘Whoever— 

29 ‘‘(1) receives, possesses, conceals, stores, barters, sells, or 

30 disposes of any goods, wares, or merchandise, securities, or 

31 money of the value of $5,000 or more, or pledges or ac32 cepts as security for a loan any goods, wares, or merchan33 dise, or securities, of the value of $500 or more, which have 

34 crossed a State or United States boundary after being sto35 len, unlawfully converted, or taken, knowing the same to 

36 have been stolen, unlawfully converted, or taken; 


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1 ‘‘(2) receives, possesses, conceals, stores, barters, sells, or 

2 disposes of any falsely made, forged, altered, or counter3 feited securities or tax stamps, or pledges or accepts as se4 curity for a loan any falsely made, forged, altered, or coun5 terfeited securities or tax stamps, moving as, or which are 

6 a part of, or which constitute interstate or foreign com7 merce, knowing the same to have been so falsely made, 

8 forged, altered, or counterfeited; or 

9 ‘‘(3) receives in interstate or foreign commerce, or con10 ceals, stores, barters, sells, or disposes of, any tool, imple11 ment, or thing used or intended to be used in falsely mak12 ing, forging, altering, or counterfeiting any security or tax 

13 stamp, or any part thereof, moving as, or which is a part 

14 of, or which constitutes interstate or foreign commerce, 

15 knowing that the same is fitted to be used, or has been 

16 used, in falsely making, forging, altering, or counterfeiting 

17 any security or tax stamp, or any part thereof; 

18 shall be imprisoned not more than ten years. 

19 ‘‘§ 675. Trafficking in counterfeit labels, illicit la20 bels, or counterfeit documentation or 

21 packaging 

22 ‘‘(a) OFFENSE.—Whoever, as made applicable by subsection 

23 (c), knowingly traffics in— 

24 ‘‘(1) a counterfeit label or illicit label affixed to, enclos25 ing, or accompanying, or designed to be affixed to, enclose, 

26 or accompany— 

27 ‘‘(A) a phonorecord; 

28 ‘‘(B) a copy of a computer program; 

29 ‘‘(C) a copy of a motion picture or other audiovisual 

30 work; 

31 ‘‘(D) a copy of a literary work; 

32 ‘‘(E) a copy of a pictorial, graphic, or sculptural 

33 work; 

34 ‘‘(F) a work of visual art; or 

35 ‘‘(G) documentation or packaging; or 

36 ‘‘(2) counterfeit documentation or packaging, shall be 

37 imprisoned for not more than 5 years. 


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

2 ‘‘(1) the term ‘counterfeit label’ means an identifying 

3 label or container that appears to be genuine, but is not; 

4 ‘‘(2) the term ‘traffic’ has the meaning givent that term 

5 in section 680; 

6 ‘‘(3) the terms ‘copy’, ‘phonorecord’, ‘motion picture’, 

7 ‘computer program’, ‘audiovisual work’, ‘literary work’, 

8 ‘pictorial, graphic, or sculptural work’, ‘sound recording’, 

9 ‘work of visual art’, and ‘copyright owner’ have, respec10 tively, the meanings given those terms in section 101 (re11 lating to definitions) of title 17; 

12 ‘‘(4) the term ‘illicit label’ means a genuine certificate, 

13 licensing document, registration card, or similar labeling 

14 component— 

15 ‘‘(A) that is used by the copyright owner to verify 

16 that a phonorecord, a copy of a computer program, a 

17 copy of a motion picture or other audiovisual work, a 

18 copy of a literary work, a copy of a pictorial, graphic, 

19 or sculptural work, a work of visual art, or documenta20 tion or packaging is not counterfeit or infringing of any 

21 copyright; and 

22 ‘‘(B) that is, without the authorization of the copy23 right owner— 

24 ‘‘(i) distributed or intended for distribution not 

25 in connection with the copy, phonorecord, or work 

26 of visual art to which such labeling component was 

27 intended to be affixed by the respective copyright 

28 owner; or 

29 ‘‘(ii) in connection with a genuine certificate or 

30 licensing document, knowingly falsified in order to 

31 designate a higher number of licensed users or cop32 ies than authorized by the copyright owner, unless 

33 that certificate or document is used by the copy34 right owner solely for the purpose of monitoring or 

35 tracking the copyright owner’s distribution channel 

36 and not for the purpose of verifying that a copy or 

37 phonorecord is noninfringing; 


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1 ‘‘(5) the term ‘documentation or packaging’ means docu2 mentation or packaging, in physical form, for a phono3 record, copy of a computer program, copy of a motion pic4 ture or other audiovisual work, copy of a literary work, 

5 copy of a pictorial, graphic, or sculptural work, or work of 

6 visual art; and 

7 ‘‘(6) the term ‘counterfeit documentation or packaging’ 

8 means documentation or packaging that appears to be gen9 uine, but is not. 

10 ‘‘(c) APPLICATION.—Subsection (a) applies if— 

11 ‘‘(1) the offense is committed within the special maritime 

12 and territorial jurisdiction of the United States; or within 

13 the special aircraft jurisdiction of the United States (as de14 fined in section 46501 of title 49); 

15 ‘‘(2) the mail or a facility of interstate or foreign com16 merce is used or intended to be used in the commission of 

17 the offense; 

18 ‘‘(3) the counterfeit label or illicit label is affixed to, en19 closes, or accompanies, or is designed to be affixed to, en20 close, or accompany— 

21 ‘‘(A) a phonorecord of a copyrighted sound recording 

22 or copyrighted musical work; 

23 ‘‘(B) a copy of a copyrighted computer program; 

24 ‘‘(C) a copy of a copyrighted motion picture or other 

25 audiovisual work; 

26 ‘‘(D) a copy of a literary work; 

27 ‘‘(E) a copy of a pictorial, graphic, or sculptural 

28 work; 

29 ‘‘(F) a work of visual art; or 

30 ‘‘(G) copyrighted documentation or packaging; or 

31 ‘‘(4) the counterfeited documentation or packaging is 

32 copyrighted. 

33 ‘‘(d) FORFEITURE AND DESTRUCTION OF PROPERTY; RES34 TITUTION.—Forfeiture, destruction, and restitution relating to 

35 this section shall be subject to section 2323, to the extent pro36 vided in that section, in addition to any other similar remedies 

37 provided by law. 


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1 ‘‘(e) CIVIL REMEDIES.— 

2 ‘‘(1) IN GENERAL.—Any copyright owner who is injured, 

3 or is threatened with injury, by a violation of subsection (a) 

4 may bring a civil action in an appropriate United States 

5 district court. 

6 ‘‘(2) DISCRETION OF COURT.—In any action brought 

7 under paragraph (1), the court— 

8 ‘‘(A) may grant 1 or more temporary or permanent 

9 injunctions on such terms as the court determines to 

10 be reasonable to prevent or restrain a violation of sub11 section (a); 

12 ‘‘(B) at any time while the action is pending, may 

13 order the impounding, on such terms as the court de14 termines to be reasonable, of any article that is in the 

15 custody or control of the alleged violator and that the 

16 court has reasonable cause to believe was involved in a 

17 violation of subsection (a); and 

18 ‘‘(C) may award to the injured party— 

19 ‘‘(i) reasonable attorney fees and costs; and 

20 ‘‘(ii)(I) actual damages and any additional prof21 its of the violator, as provided in paragraph (3); or 

22 ‘‘(II) statutory damages, as provided in para23 graph (4). 

24 ‘‘(3) ACTUAL DAMAGES AND PROFITS.— 

25 ‘‘(A) IN GENERAL.—The injured party is entitled to 

26 recover— 

27 ‘‘(i) the actual damages suffered by the injured 

28 party as a result of a violation of subsection (a), 

29 as provided in subparagraph (B) of this paragraph; 

30 and 

31 ‘‘(ii) any profits of the violator that are attrib32 utable to a violation of subsection (a) and are not 

33 taken into account in computing the actual dam34 ages. 

35 ‘‘(B) CALCULATION OF DAMAGES.—The court shall 

36 calculate actual damages by multiplying— 


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1 ‘‘(i) the value of the phonorecords, copies, or 

2 works of visual art which are, or are intended to 

3 be, affixed with, enclosed in, or accompanied by 

4 any counterfeit labels, illicit labels, or counterfeit 

5 documentation or packaging, by 

6 ‘‘(ii) the number of phonorecords, copies, or 

7 works of visual art which are, or are intended to 

8 be, affixed with, enclosed in, or accompanied by 

9 any counterfeit labels, illicit labels, or counterfeit 

10 documentation or packaging. 

11 ‘‘(C) DEFINITION.—For purposes of this paragraph, 

12 the ‘value’ of a phonorecord, copy, or work of visual art 

13 is— 

14 ‘‘(i) in the case of a copyrighted sound recording 

15 or copyrighted musical work, the retail value of an 

16 authorized phonorecord of that sound recording or 

17 musical work; 

18 ‘‘(ii) in the case of a copyrighted computer pro19 gram, the retail value of an authorized copy of that 

20 computer program; 

21 ‘‘(iii) in the case of a copyrighted motion picture 

22 or other audiovisual work, the retail value of an au23 thorized copy of that motion picture or audiovisual 

24 work; 

25 ‘‘(iv) in the case of a copyrighted literary work, 

26 the retail value of an authorized copy of that lit27 erary work; 

28 ‘‘(v) in the case of a pictorial, graphic, or sculp29 tural work, the retail value of an authorized copy 

30 of that work; and 

31 ‘‘(vi) in the case of a work of visual art, the re32 tail value of that work. 

33 ‘‘(4) STATUTORY DAMAGES.—The injured party may 

34 elect, at any time before final judgment is rendered, to re35 cover, instead of actual damages and profits, an award of 

36 statutory damages for each violation of subsection (a) in a 


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1 sum of not less than $2,500 or more than $25,000, as the 

2 court considers appropriate. 

3 ‘‘(5) SUBSEQUENT VIOLATION.—The court may increase 

4 an award of damages under this subsection by 3 times the 

5 amount that would otherwise be awarded, as the court con6 siders appropriate, if the court finds that a person has sub7 sequently violated subsection (a) within 3 years after a 

8 final judgment was entered against that person for a viola9 tion of that subsection. 

10 ‘‘(6) LIMITATION ON ACTIONS.—A civil action may not 

11 be commenced under section unless it is commenced within 

12 3 years after the date on which the claimant discovers the 

13 violation of subsection (a). 

14 ‘‘§ 676. Criminal infringement of a copyright 

15 ‘‘(a) SECTION 506a OFFENSES IN GENERAL.—Whoever vio16 lates section 506(a) (relating to criminal offenses) of title 17 

17 shall be punished as provided in subsections (b), (c), and (d) 

18 and such penalties shall be in addition to any other provisions 

19 of title 17 or any other law. 

20 ‘‘(b) SUBSECTION (a)(1)(A) OFFENSES.—Whoever commits 

21 an offense under section 506(a)(1)(A) of title 17— 

22 ‘‘(1) shall be imprisoned not more than 5 years, if the 

23 offense consists of the reproduction or distribution, includ24 ing by electronic means, during any 180-day period, of at 

25 least 10 copies or phonorecords, of 1 or more copyrighted 

26 works, which have a total retail value of more than $2,500; 

27 ‘‘(2) shall be imprisoned not more than 10 years if the 

28 offense is a felony and is a second or subsequent offense 

29 under subsection (a); and 

30 ‘‘(3) shall be imprisoned not more than 1 year in any 

31 other case. 

32 ‘‘(c) SUBSECTION (a)(1)(B) OFFENSES.—Whoever commits 

33 an offense under section 506(a)(1)(B) of title 17— 

34 ‘‘(1) shall be imprisoned not more than 3 years, if the 

35 offense consists of the reproduction or distribution of 10 or 

36 more copies or phonorecords of 1 or more copyrighted 

37 works, which have a total retail value of $2,500 or more; 


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1 ‘‘(2) shall be imprisoned not more than 6 years, or if the 

2 offense is a felony and is a second or subsequent offense 

3 under subsection (a); and 

4 ‘‘(3) shall be imprisoned not more than 1 year, or if the 

5 offense consists of the reproduction or distribution of 1 or 

6 more copies or phonorecords of 1 or more copyrighted 

7 works, which have a total retail value of more than $1,000. 

8 ‘‘(d) SUBSECTION (a)(1)(C) OFFENSES.—Whoever commits 

9 an offense under section 506(a)(1)(C) of title 17— 

10 ‘‘(1) shall be imprisoned not more than 3 years; 

11 ‘‘(2) shall be imprisoned not more than 5 years if the of12 fense was committed for purposes of commercial advantage 

13 or private financial gain; 

14 ‘‘(3) shall be imprisoned not more than 6 years if the of15 fense is a second or subsequent offense; and 

16 ‘‘(4) shall be imprisoned not more than 10 years if the 

17 offense is a second or subsequent offense under paragraph 

18 (2). 

19 ‘‘(e) VICTIM IMPACT.— 

20 ‘‘(1) IN GENERAL.—During preparation of the 

21 presentence report pursuant to Rule 32(c) of the Federal 

22 Rules of Criminal Procedure, victims of the offense shall be 

23 permitted to submit, and the probation officer shall receive, 

24 a victim impact statement that identifies the victim of the 

25 offense and the extent and scope of the injury and loss suf26 fered by the victim, including the estimated economic im27 pact of the offense on that victim. 

28 ‘‘(2) PERSONS PERMITTED TO SUBMIT.—Persons per29 mitted to submit victim impact statements shall include— 

30 ‘‘(A) producers and sellers of legitimate works af31 fected by conduct involved in the offense; 

32 ‘‘(B) holders of intellectual property rights in such 

33 works; and 

34 ‘‘(C) the legal representatives of such producers, sell35 ers, and holders. 

36 ‘‘(f) DEFINITIONS.—As used in this section— 


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1 ‘‘(1) the terms ‘phonorecord’ and ‘copies’ have, respec2 tively, the meanings set forth in section 101 (relating to 

3 definitions) of title 17; 

4 ‘‘(2) the terms ‘reproduction’ and ‘distribution’ refer to 

5 the exclusive rights of a copyright owner under clauses (1) 

6 and (3) respectively of section 106 (relating to exclusive 

7 rights in copyrighted works), as limited by sections 107 

8 through 122, of title 17; 

9 ‘‘(3) the term ‘financial gain’ has the meaning given the 

10 term in section 101 of title 17; and 

11 ‘‘(4) the term ‘work being prepared for commercial dis12 tribution’ has the meaning given the term in section 506(a) 

13 of title 17. 

14 ‘‘§ 677. Copyright infringement 

15 ‘‘(a) CRIMINAL INFRINGEMENT.— 

16 ‘‘(1) IN GENERAL.—Whoever knowingly infringes a copy17 right shall be punished as provided under section 676, if 

18 the infringement was committed— 

19 ‘‘(A) for purposes of commercial advantage or pri20 vate financial gain; 

21 ‘‘(B) by the reproduction or distribution, including 

22 by electronic means, during any 180-day period, of 1 

23 or more copies or phonorecords of 1 or more copy24 righted works, which have a total retail value of more 

25 than $1,000; or 

26 ‘‘(C) by the distribution of a work being prepared for 

27 commercial distribution, by making it available on a 

28 computer network accessible to members of the public, 

29 if such person knew or should have known that the 

30 work was intended for commercial distribution. 

31 ‘‘(2) EVIDENCE.—For purposes of this subsection, evi32 dence of reproduction or distribution of a copyrighted work, 

33 by itself, shall not be sufficient to establish knowing in34 fringement of a copyright. 

35 ‘‘(3) DEFINITION.—In this subsection, the term ‘work 

36 being prepared for commercial distribution’ means— 


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1 ‘‘(A) a computer program, a musical work, a motion 

2 picture or other audiovisual work, or a sound recording, 

3 if, at the time of unauthorized distribution— 

4 ‘‘(i) the copyright owner has a reasonable expec5 tation of commercial distribution; and 

6 ‘‘(ii) the copies or phonorecords of the work have 

7 not been commercially distributed; or 

8 ‘‘(B) a motion picture, if, at the time of unauthor9 ized distribution, the motion picture— 

10 ‘‘(i) has been made available for viewing in a mo11 tion picture exhibition facility; and 

12 ‘‘(ii) has not been made available in copies for 

13 sale to the general public in the United States in 

14 a format intended to permit viewing outside a mo15 tion picture exhibition facility. 

16 ‘‘(b) FORFEITURE AND DESTRUCTION.—When any person is 

17 convicted of any violation of subsection (a), the court in its 

18 judgment of conviction shall, in addition to the penalty therein 

19 prescribed, order the forfeiture and destruction or other dis20 position of all infringing copies or phonorecords and all imple21 ments, devices, or equipment used in the manufacture of such 

22 infringing copies or phonorecords. 

23 ‘‘(c) FRAUDULENT COPYRIGHT NOTICE.—Whoever, with 

24 fraudulent intent, places on any article a notice of copyright or 

25 words of the same purport that such person knows to be false, 

26 or who, with fraudulent intent, publicly distributes or imports 

27 for public distribution any article bearing such notice or words 

28 that such person knows to be false, shall be fined not more 

29 than $2,500. 

30 ‘‘(d) FRAUDULENT REMOVAL OF COPYRIGHT NOTICE.— 

31 Whoever, with fraudulent intent, removes or alters any notice 

32 of copyright appearing on a copy of a copyrighted work shall 

33 be fined not more than $2,500. 

34 ‘‘(e) FALSE REPRESENTATION.—Whoever knowingly makes 

35 a false representation of a material fact in the application for 

36 copyright registration provided for by section 409 of title 17, 


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1 or in any written statement filed in connection with the appli2 cation, shall be fined not more than $2,500. 

3 ‘‘(f) RIGHTS OF ATTRIBUTION AND INTEGRITY.—Nothing in 

4 this section applies to infringement of the rights conferred by 

5 section 106A(a) of title 17. 

6 ‘‘§ 678. Unauthorized fixation of and trafficking in 

7 sound recordings and music videos of live 

8 musical performances 

9 ‘‘(a) OFFENSE.—Whoever, without the consent of the per10 former or performers involved, knowingly and for purposes of 

11 commercial advantage or private financial gain— 

12 ‘‘(1) fixes the sounds or sounds and images of a live mu13 sical performance in a copy or phonorecord, or reproduces 

14 copies or phonorecords of such a performance from an un15 authorized fixation; 

16 ‘‘(2) transmits or otherwise communicates to the public 

17 the sounds or sounds and images of a live musical perform18 ance; or 

19 ‘‘(3) distributes or offers to distribute, sells or offers to 

20 sell, rents or offers to rent, or traffics in any copy or pho21 norecord fixed as described in paragraph (1), regardless of 

22 whether the fixations occurred in the United States; 

23 shall be imprisoned for not more than 5 years or if the offense 

24 is a second or subsequent offense, shall be imprisoned for not 

25 more than 10 years. 

26 ‘‘(b) FORFEITURE AND DESTRUCTION OF PROPERTY; RES27 TITUTION.—Forfeiture, destruction, and restitution relating to 

28 this section shall be subject to section 2323, to the extent pro29 vided in that section, in addition to any other similar remedies 

30 provided by law. 

31 ‘‘(c) SEIZURE AND FORFEITURE.—If copies or phonorecords 

32 of sounds or sounds and images of a live musical performance 

33 are fixed outside of the United States without the consent of 

34 the performer or performers involved, such copies or 

35 phonorecords are subject to seizure and forfeiture in the United 

36 States in the same manner as property imported in violation 

37 of the customs laws. The Secretary of Homeland Security shall 


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1 issue regulations by which any performer may, upon payment 

2 of a specified fee, be entitled to notification by United States 

3 Customs and Border Protection of the importation of copies or 

4 phonorecords that appear to consist of unauthorized fixations 

5 of the sounds or sounds and images of a live musical perform6 ance. 

7 ‘‘(d) VICTIM IMPACT STATEMENT.—(1) During preparation 

8 of the presentence report pursuant to Rule 32(c) of the Federal 

9 Rules of Criminal Procedure, victims of the offense shall be 

10 permitted to submit, and the probation officer shall receive, a 

11 victim impact statement that identifies the victim of the offense 

12 and the extent and scope of the injury and loss suffered by the 

13 victim, including the estimated economic impact of the offense 

14 on that victim. 

15 ‘‘(2) Persons permitted to submit victim impact statements 

16 shall include— 

17 ‘‘(A) producers and sellers of legitimate works affected 

18 by conduct involved in the offense; 

19 ‘‘(B) holders of intellectual property rights in such 

20 works; and 

21 ‘‘(C) the legal representatives of such producers, sellers, 

22 and holders. 

23 ‘‘(e) DEFINITIONS.—As used in this section— 

24 ‘‘(1) the terms ‘copy’, ‘fixed’, ‘musical work’, ‘phono25 record’, ‘reproduce’, ‘sound recordings’, and ‘transmit’ 

26 mean those terms within the meaning of title 17; and 

27 ‘‘(2) the term ‘traffic’ has the meaning given that term 

28 in section 680. 

29 ‘‘(f) APPLICABILITY.—This section shall apply to any con30 duct that occurs on or after the date of the enactment of the 

31 Uruguay Round Agreements Act. 

32 ‘‘§ 679. Unauthorized recording of motion pictures 

33 in a motion picture exhibition facility 

34 ‘‘(a) OFFENSE.—Whoever, without the authorization of the 

35 copyright owner, knowingly uses or attempts to use an audio36 visual recording device to transmit or make a copy of a motion 

37 picture or other audiovisual work protected under title 17, or 


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1 any part thereof, from a performance of such work in a motion 

2 picture exhibition facility, shall— 

3 ‘‘(1) be imprisoned for not more than 3 years; or 

4 ‘‘(2) if the offense is a second or subsequent offense, be 

5 imprisoned for no more than 6 years. 

6 The possession by a person of an audiovisual recording device 

7 in a motion picture exhibition facility may be considered as evi8 dence in any proceeding to determine whether that person com9 mitted an offense under this subsection, but shall not, by itself, 

10 be sufficient to support a conviction of that person for such of11 fense. 

12 ‘‘(b) FORFEITURE AND DESTRUCTION OF PROPERTY; RES13 TITUTION.—Forfeiture, destruction, and restitution relating to 

14 this section shall be subject to section 2323, to the extent pro15 vided in that section, in addition to any other similar remedies 

16 provided by law. 

17 ‘‘(c) AUTHORIZED ACTIVITIES.—This section does not pre18 vent any lawfully authorized investigative, protective, or intel19 ligence activity by an officer, agent, or employee of the United 

20 States, a State, or a political subdivision of a State, or by a 

21 person acting under a contract with the United States, a State, 

22 or a political subdivision of a State. 

23 ‘‘(d) IMMUNITY FOR THEATERS.—With reasonable cause, the 

24 owner or lessee of a motion picture exhibition facility where a 

25 motion picture or other audiovisual work is being exhibited, the 

26 authorized agent or employee of such owner or lessee, the licen27 sor of the motion picture or other audiovisual work being exhib28 ited, or the agent or employee of such licensor— 

29 ‘‘(1) may detain, in a reasonable manner and for a rea30 sonable time, any person suspected of a violation of this 

31 section with respect to that motion picture or audiovisual 

32 work for the purpose of questioning or summoning a law 

33 enforcement officer; and 

34 ‘‘(2) shall not be held liable in any civil or criminal ac35 tion arising out of a detention under paragraph (1). 

36 ‘‘(e) VICTIM IMPACT STATEMENT.— 


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1 ‘‘(1) IN GENERAL.—During the preparation of the 

2 presentence report under rule 32(c) of the Federal Rules 

3 of Criminal Procedure, victims of an offense under this sec4 tion shall be permitted to submit to the probation officer 

5 a victim impact statement that identifies the victim of the 

6 offense and the extent and scope of the injury and loss suf7 fered by the victim, including the estimated economic im8 pact of the offense on that victim. 

9 ‘‘(2) CONTENTS.—A victim impact statement submitted 

10 under this subsection shall include— 

11 ‘‘(A) producers and sellers of legitimate works af12 fected by conduct involved in the offense; 

13 ‘‘(B) holders of intellectual property rights in the 

14 works described in subparagraph (A); and 

15 ‘‘(C) the legal representatives of such producers, sell16 ers, and holders. 

17 ‘‘(f) STATE LAW NOT PREEMPTED.—Nothing in this section 

18 may be construed to annul or limit any rights or remedies 

19 under the laws of any State. 

20 ‘‘(g) DEFINITIONS.—In this section, the following definitions 

21 shall apply: 

22 ‘‘(1) TITLE 17 DEFINITIONS.—The terms ‘audiovisual 

23 work’, ‘copy’, ‘copyright owner’, ‘motion picture’, ‘motion 

24 picture exhibition facility’, and ‘transmit’ have, respectively, 

25 the meanings given those terms in section 101 of title 17. 

26 ‘‘(2) AUDIOVISUAL RECORDING DEVICE.—The term 

27 ‘audiovisual recording device’ means a digital or analog 

28 photographic or video camera, or any other technology or 

29 device capable of enabling the recording or transmission of 

30 a copyrighted motion picture or other audiovisual work, or 

31 any part thereof, regardless of whether audiovisual record32 ing is the sole or primary purpose of the device. 

33 ‘‘§ 680. Trafficking in counterfeit goods or services 

34 ‘‘(a) OFFENSE.— 

35 ‘‘(1) IN GENERAL.—Whoever intentionally traffics or at36 tempts to traffic in goods or services and knowingly uses 

37 a counterfeit mark on or in connection with such goods or 


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1 services, or intentionally traffics or attempts to traffic in 

2 labels, patches, stickers, wrappers, badges, emblems, medal3 lions, charms, boxes, containers, cans, cases, hangtags, doc4 umentation, or packaging of any type or nature, knowing 

5 that a counterfeit mark has been applied thereto, the use 

6 of which is likely to cause confusion, to cause mistake, or 

7 to deceive, shall, if an individual, be imprisoned not more 

8 than 10 years, and, if a person other than an individual, 

9 be fined not more than $5,000,000. In the case of an of10 fense by a person under this section that occurs after that 

11 person is convicted of another offense under this section, 

12 the person convicted, if an individual, shall be fined not 

13 more than $5,000,000 or imprisoned not more than 20 

14 years, or both, and if other than an individual, shall be 

15 fined not more than $15,000,000. 

16 ‘‘(2) SERIOUS BODILY HARM OR DEATH.— 

17 ‘‘(A) SERIOUS BODILY HARM.—If the offender know18 ingly or recklessly causes serious bodily injury from 

19 conduct in violation of paragraph (1), the penalty shall 

20 be imprisonment for not more than 20 years. 

21 ‘‘(B) DEATH.—If the offender knowingly or reck22 lessly causes or attempts to cause death from conduct 

23 in violation of paragraph (1), the penalty shall be a fine 

24 under this title or imprisonment for any term of years 

25 or for life, or both. 

26 ‘‘(b)(1) The following property shall be subject to forfeiture 

27 to the United States and no property right shall exist in such 

28 property: 

29 ‘‘(A) Any article bearing or consisting of a counterfeit 

30 mark used in committing a violation of subsection (a). 

31 ‘‘(B) Any property used, in any manner or part, to com32 mit or to facilitate the commission of a violation of sub33 section (a). 

34 ‘‘(2) The provisions of chapter 46 of this title relating to civil 

35 forfeitures, including section 983 of this title, shall extend to 

36 any seizure or civil forfeiture under this section. At the conclu37 sion of the forfeiture proceedings, the court, unless otherwise 


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1 requested by an agency of the United States, shall order that 

2 any forfeited article bearing or consisting of a counterfeit mark 

3 be destroyed or otherwise disposed of according to law. 

4 ‘‘(3)(A) The court, in imposing sentence on a person con5 victed of an offense under this section, shall order, in addition 

6 to any other sentence imposed, that the person forfeit to the 

7 United States— 

8 ‘‘(i) any property constituting or derived from any pro9 ceeds the person obtained, directly or indirectly, as the re10 sult of the offense; 

11 ‘‘(ii) any of the person’s property used, or intended to be 

12 used, in any manner or part, to commit, facilitate, aid, or 

13 abet the commission of the offense; and 

14 ‘‘(iii) any article that bears or consists of a counterfeit 

15 mark used in committing the offense. 

16 ‘‘(B) The forfeiture of property under subparagraph (A), in17 cluding any seizure and disposition of the property and any re18 lated judicial or administrative proceeding, shall be governed by 

19 the procedures set forth in section 413 of the Comprehensive 

20 Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 

21 853), other than subsection (d) of that section. Notwith22 standing section 413(h) of that Act, at the conclusion of the 

23 forfeiture proceedings, the court shall order that any forfeited 

24 article or component of an article bearing or consisting of a 

25 counterfeit mark be destroyed. 

26 ‘‘(4) When a person is convicted of an offense under this sec27 tion, the court, pursuant to sections 3556, 3663A, and 3664, 

28 shall order the person to pay restitution to the owner of the 

29 mark and any other victim of the offense as an offense against 

30 property referred to in section 3663A(c)(1)(A)(ii). 

31 ‘‘(5) The term ‘victim’, as used in paragraph (4), has the 

32 meaning given that term in section 3663A(a)(2). 

33 ‘‘(c) All defenses, affirmative defenses, and limitations on 

34 remedies that would be applicable in an action under the 

35 Lanham Act shall be applicable in a prosecution under this sec36 tion. In a prosecution under this section, the defendant shall 


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1 have the burden of proof, by a preponderance of the evidence, 

2 of any such affirmative defense. 

3 ‘‘(d)(1) During preparation of the presentence report pursu4 ant to Rule 32(c) of the Federal Rules of Criminal Procedure, 

5 victims of the offense shall be permitted to submit, and the 

6 probation officer shall receive, a victim impact statement that 

7 identifies the victim of the offense and the extent and scope of 

8 the injury and loss suffered by the victim, including the esti9 mated economic impact of the offense on that victim. 

10 ‘‘(2) Persons permitted to submit victim impact statements 

11 shall include— 

12 ‘‘(A) producers and sellers of legitimate goods or services 

13 affected by conduct involved in the offense; 

14 ‘‘(B) holders of intellectual property rights in such goods 

15 or services; and 

16 ‘‘(C) the legal representatives of such producers, sellers, 

17 and holders. 

18 ‘‘(e) For the purposes of this section— 

19 ‘‘(1) the term ‘counterfeit mark’ means— 

20 ‘‘(A) a spurious mark— 

21 ‘‘(i) that is used in connection with trafficking in 

22 any goods, services, labels, patches, stickers, wrap23 pers, badges, emblems, medallions, charms, boxes, 

24 containers, cans, cases, hangtags, documentation, 

25 or packaging of any type or nature; 

26 ‘‘(ii) that is identical with, or substantially indis27 tinguishable from, a mark registered on the prin28 cipal register in the United States Patent and 

29 Trademark Office and in use, whether or not the 

30 defendant knew such mark was so registered; 

31 ‘‘(iii) that is applied to or used in connection 

32 with the goods or services for which the mark is 

33 registered with the United States Patent and 

34 Trademark Office, or is applied to or consists of a 

35 label, patch, sticker, wrapper, badge, emblem, me36 dallion, charm, box, container, can, case, hangtag, 

37 documentation, or packaging of any type or nature 


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1 that is designed, marketed, or otherwise intended 

2 to be used on or in connection with the goods or 

3 services for which the mark is registered in the 

4 United States Patent and Trademark Office; and 

5 ‘‘(iv) the use of which is likely to cause confu6 sion, to cause mistake, or to deceive; or 

7 ‘‘(B) a spurious designation that is identical with, or 

8 substantially indistinguishable from, a designation as to 

9 which the remedies of the Lanham Act are made avail10 able by reason of section 220506 of title 36, 

11 but such term does not include any mark or designation 

12 used in connection with goods or services, or a mark or 

13 designation applied to labels, patches, stickers, wrappers, 

14 badges, emblems, medallions, charms, boxes, containers, 

15 cans, cases, hangtags, documentation, or packaging of any 

16 type or nature used in connection with such goods or serv17 ices, of which the manufacturer or producer was, at the 

18 time of the manufacture or production in question, author19 ized to use the mark or designation for the type of goods 

20 or services so manufactured or produced, by the holder of 

21 the right to use such mark or designation. 

22 ‘‘(2) the term ‘traffic’ means to transport, transfer, or 

23 otherwise dispose of, to another, for purposes of commer24 cial advantage or private financial gain, or to make, import, 

25 export, obtain control of, or possess, with intent to so 

26 transport, transfer, or otherwise dispose of; 

27 ‘‘(3) the term ‘financial gain’ includes the receipt, or ex28 pected receipt, of anything of value; and 

29 ‘‘(4) the term ‘Lanham Act’ means the Act entitled ‘An 

30 Act to provide for the registration and protection of trade31 marks used in commerce, to carry out the provisions of cer32 tain international conventions, and for other purposes’, ap33 proved July 5, 1946 (15 U.S.C. 1051 et seq.). 

34 ‘‘(f) Nothing in this section shall entitle the United States 

35 to bring a criminal cause of action under this section for the 

36 repackaging of genuine goods or services not intended to de37 ceive or confuse. 


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1 ‘‘(g)(1) Beginning with the first year after the date of enact2 ment of this subsection, the Attorney General shall include in 

3 the report of the Attorney General to Congress on the business 

4 of the Department of Justice prepared pursuant to section 522 

5 of title 28, an accounting, on a district by district basis, of the 

6 following with respect to all actions taken by the Department 

7 of Justice that involve trafficking in counterfeit labels for 

8 phonorecords, copies of computer programs or computer pro9 gram documentation or packaging, copies of motion pictures or 

10 other audiovisual works (as defined in section 2318 of this 

11 title), criminal infringement of copyrights (as defined in section 

12 2319 of this title), unauthorized fixation of and trafficking in 

13 sound recordings and music videos of live musical performances 

14 (as defined in section 2319A of this title), or trafficking in 

15 goods or services bearing counterfeit marks (as defined in sec16 tion 2320 of this title): 

17 ‘‘(A) The number of open investigations. 

18 ‘‘(B) The number of cases referred by the United States 

19 Customs Service. 

20 ‘‘(C) The number of cases referred by other agencies or 

21 sources. 

22 ‘‘(D) The number and outcome, including settlements, 

23 sentences, recoveries, and penalties, of all prosecutions 

24 brought under sections 2318, 2319, 2319A, and 2320 of 

25 title 18. 

26 ‘‘(2)(A) The report under paragraph (1), with respect to 

27 criminal infringement of copyright, shall include the following: 

28 ‘‘(i) The number of infringement cases in these cat29 egories: audiovisual (videos and films); audio (sound re30 cordings); literary works (books and musical compositions); 

31 computer programs; video games; and, others. 

32 ‘‘(ii) The number of online infringement cases. 

33 ‘‘(iii) The number and dollar amounts of fines assessed 

34 in specific categories of dollar amounts. These categories 

35 shall be: no fines ordered; fines under $500; fines from 

36 $500 to $1,000; fines from $1,000 to $5,000; fines from 

37 $5,000 to $10,000; and fines over $10,000. 


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1 ‘‘(iv) The total amount of restitution ordered in all copy2 right infringement cases. 

3 ‘‘(B) In this paragraph, the term ‘online infringement cases’ 

4 as used in paragraph (2) means those cases where the in5 fringer— 

6 ‘‘(i) advertised or publicized the infringing work on the 

7 Internet; or 

8 ‘‘(ii) made the infringing work available on the Internet 

9 for download, reproduction, performance, or distribution by 

10 other persons. 

11 ‘‘(C) The information required under subparagraph (A) shall 

12 be submitted in the report required in fiscal year 2005 and 

13 thereafter. 

14 ‘‘(h) TRANSSHIPMENT AND EXPORTATION.—No goods or 

15 services, the trafficking in of which is prohibited by this sec16 tion, shall be transshipped through or exported from the United 

17 States. Any such transshipment or exportation shall be deemed 

18 a violation of section 42 of an Act to provide for the registra19 tion of trademarks used in commerce, to carry out the provi20 sions of certain international conventions, and for other pur21 poses, approved July 5, 1946 (commonly referred to as the 

22 ‘Trademark Act of 1946’ or the ‘Lanham Act’). 

23 ‘‘§ 681. Trafficking in certain motor vehicles or 

24 motor vehicle parts 

25 ‘‘(a) OFFENSE.—Whoever buys, receives, possesses, or ob26 tains control of, with intent to sell or otherwise dispose of, a 

27 motor vehicle or motor vehicle part, knowing that an identifica28 tion number for such motor vehicle or part has been removed, 

29 obliterated, tampered with, or altered, shall be imprisoned not 

30 more than ten years. 

31 ‘‘(b) NONAPPLICABILITY.—Subsection (a) does not apply if 

32 the removal, obliteration, tampering, or alteration— 

33 ‘‘(1) is caused by collision or fire; or 

34 ‘‘(2) is not a violation of section 718. 

35 ‘‘(c) DEFINITIONS.—As used in this section, the terms ‘iden36 tification number’ and ‘motor vehicle’ have the meaning given 

37 those terms in section 718. 


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1 ‘‘§ 682.Chop shops 

2 ‘‘(a) IN GENERAL.— 

3 ‘‘(1) UNLAWFUL ACTION.—Whoever knowingly owns, op4 erates, maintains, or controls a chop shop or conducts oper5 ations in a chop shop shall be punished by imprisonment 

6 for not more than 15 years. If a conviction of a person 

7 under this paragraph is for a violation committed after the 

8 first conviction of such person under this paragraph, the 

9 maximum punishment shall be doubled with respect to any 

10 fine and imprisonment. 

11 ‘‘(2) INJUNCTIONS.—The Attorney General shall, as ap12 propriate, in the case of any person who violates paragraph 

13 (1), commence a civil action for permanent or temporary 

14 injunction to restrain such violation. 

15 ‘‘(b) DEFINITION.—For purposes of this section, the term 

16 ‘chop shop’ means any building, lot, facility, or other structure 

17 or premise where one or more persons engage in receiving, con18 cealing, destroying, disassembling, dismantling, reassembling, 

19 or storing any passenger motor vehicle or passenger motor ve20 hicle part which has been unlawfully obtained in order to alter, 

21 counterfeit, deface, destroy, disguise, falsify, forge, obliterate, 

22 or remove the identity, including the vehicle identification num23 ber or derivative thereof, of such vehicle or vehicle part and to 

24 distribute, sell, or dispose of such vehicle or vehicle part in 

25 interstate or foreign commerce. 

26 ‘‘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. 


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‘‘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. 

1 ‘‘§ 691. Counterfeit acts committed outside the 

2 United States 

3 ‘‘Whoever outside the United States, engages in the act of— 

4 ‘‘(1) making, dealing, or possessing any counterfeit obli5 gation or other security of the United States; or 

6 ‘‘(2) making, dealing, or possessing any plate, stone, 

7 analog, digital, or electronic image, or other thing, or any 

8 part thereof, used to counterfeit such obligation or security, 

9 if such act would constitute a violation of section 692, 693, or 

10 694 if committed within the United States, shall be punished 

11 as is provided for the like offense within the United States. 

12 ‘‘§ 692. Obligations or securities of United States 

13 ‘‘Whoever, with intent to defraud, falsely makes, forges, 

14 counterfeits, or alters any obligation or other security of the 

15 United States, shall be imprisoned not more than 20 years. 

16 ‘‘§ 693. Uttering counterfeit obligations or securi17 ties 

18 ‘‘Whoever, with intent to defraud, passes, utters, publishes, 

19 or sells, or attempts to pass, utter, publish, or sell, or with like 

20 intent brings into the United States or keeps in possession or 

21 conceals any falsely made, forged, counterfeited, or altered obli22 gation or other security of the United States, shall be impris23 oned not more than 20 years. 


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1 ‘‘§ 694. Dealing in counterfeit obligations or secu2 rities 

3 ‘‘Whoever buys, sells, exchanges, transfers, receives, or deliv4 ers any false, forged, counterfeited, or altered obligation or 

5 other security of the United States, with the intent that the 

6 same be passed, published, or used as true and genuine, shall 

7 be imprisoned not more than 20 years. 

8 ‘‘§ 695. Plates, stones, or analog, digital, or elec9 tronic images for counterfeiting obliga10 tions or securities 

11 ‘‘(a) OFFENSE.—Whoever— 

12 ‘‘(1) having control, custody, or possession of any plate, 

13 stone, or other thing, or any part thereof, from which has 

14 been printed, or which may be prepared by direction of the 

15 Secretary of the Treasury for the purpose of printing, any 

16 obligation or other security of the United States, uses such 

17 plate, stone, or other thing, or any part thereof, or know18 ingly suffers the same to be used for the purpose of print19 ing any such or similar obligation or other security, or any 

20 part thereof, except as may be printed for the use of the 

21 United States by order of the proper officer thereof; 

22 ‘‘(2) makes or executes any plate, stone, or other thing 

23 in the likeness of any plate designated for the printing of 

24 such obligation or other security; 

25 ‘‘(3) with intent to defraud, makes, executes, acquires, 

26 scans,captures, records, receives, transmits, reproduces, 

27 sells, or has in such person’s control, custody, or posses28 sion, an analog, digital, or electronic image of any obliga29 tion or other security of the United States; 

30 ‘‘(4) sells any such plate, stone, or other thing, or brings 

31 into the United States any such plate, stone, or other 

32 thing, except under the direction of the Secretary of the 

33 Treasury or other proper officer, or with any other intent, 

34 in either case, than that such plate, stone, or other thing 

35 be used for the printing of the obligations or other securi36 ties of the United States; 


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1 ‘‘(5) has in his control, custody, or possession any plate, 

2 stone, or other thing in any manner made after or in the 

3 similitude of any plate, stone, or other thing, from which 

4 any such obligation or other security has been printed, with 

5 intent to use such plate, stone, or other thing, or to suffer 

6 the same to be used in forging or counterfeiting any such 

7 obligation or other security, or any part thereof; 

8 ‘‘(6) has in his possession or custody, except under au9 thority from the Secretary of the Treasury or other proper 

10 officer, any obligation or other security made or executed, 

11 in whole or in part, after the similitude of any obligation 

12 or other security issued under the authority of the United 

13 States, with intent to sell or otherwise use the same; or 

14 ‘‘(7) prints, photographs, or in any other manner makes 

15 or executes any engraving, photograph, print, or impression 

16 in the likeness of any such obligation or other security, or 

17 any part thereof, or sells any such engraving, photograph, 

18 print, or impression, except to the United States, or brings 

19 into the United States, any such engraving, photograph, 

20 print, or impression, except by direction of some proper of21 ficer of the United States; 

22 shall be imprisoned not more than 25 years. 

23 ‘‘(b) DEFINITION.—For purposes of this section, the term 

24 ‘analog, digital, or electronic image’ includes any analog, dig25 ital, or electronic method used for the making, execution, acqui26 sition, scanning, capturing, recording, retrieval, transmission, 

27 or reproduction of any obligation or security, unless such use 

28 is authorized by the Secretary of the Treasury. The Secretary 

29 shall establish a system (pursuant to section 504) to ensure 

30 that the legitimate use of such electronic methods and retention 

31 of such reproductions by businesses, hobbyists, press and oth32 ers shall not be unduly restricted. 

33 ‘‘§ 696. Deterrents to counterfeiting of obligations 

34 and securities 

35 ‘‘(a) OFFENSE.—Whoever— 

36 ‘‘(1) has in his control or possession, after a distinctive 

37 paper has been adopted by the Secretary of the Treasury 


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1 for the obligations and other securities of the United 

2 States, any similar paper adapted to the making of any 

3 such obligation or other security, except under the author4 ity of the Secretary of the Treasury; or 

5 ‘‘(2) has in his control or possession, after a distinctive 

6 counterfeit deterrent has been adopted by the Secretary of 

7 the Treasury for the obligations and other securities of the 

8 United States by publication in the Federal Register, any 

9 essentially identical feature or device adapted to the mak10 ing of any such obligation or security, except under the au11 thority of the Secretary of the Treasury; 

12 shall be imprisoned for not more than 25 years. 

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

14 ‘‘(1) the term ‘distinctive paper’ includes any distinctive 

15 medium of which currency is made, whether of wood pulp, 

16 rag, plastic substrate, or other natural or artificial fibers 

17 or materials; and 

18 ‘‘(2) the term ‘distinctive counterfeit deterrent’ includes 

19 any ink, watermark, seal, security thread, optically variable 

20 device, or other feature or device; 

21 ‘‘(A) in which the United States has an exclusive 

22 property interest; or 

23 ‘‘(B) which is not otherwise in commercial use or in 

24 the public domain and which the Secretary designates 

25 as being necessary in preventing the counterfeiting of 

26 obligations or other securities of the United States. 

27 ‘‘§ 697. Taking impressions of tools used for obli28 gations or securities 

29 ‘‘Whoever, without authority from the United States, takes, 

30 procures, or makes an impression, stamp, analog, digital, or 

31 electronic image, or imprint of, from or by the use of any tool, 

32 implement, instrument, or thing used or fitted or intended to 

33 be used in printing, stamping, or impressing, or in making 

34 other tools, implements, instruments, or things to be used or 

35 fitted or intended to be used in printing, stamping, or impress36 ing any obligation or other security of the United States, shall 

37 be imprisoned not more than 25 years. 


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1 ‘‘§ 698. Possessing or selling impressions of tools 

2 used for obligations or securities 

3 ‘‘Whoever— 

4 ‘‘(1) with intent to defraud, possesses, keeps, safeguards, 

5 or controls, without authority from the United States, any 

6 imprint, stamp, analog, digital, or electronic image, or im7 pression, taken or made upon any substance or material 

8 whatsoever, of any tool, implement, instrument or thing, 

9 used, fitted or intended to be used, for any of the purposes 

10 mentioned in section 476 of this title; or 

11 ‘‘(2) with intent to defraud, sells, gives, or delivers any 

12 such imprint, stamp, analog, digital, or electronic image, or 

13 impression to any other person; 

14 shall be imprisoned not more than 25 years. 

15 ‘‘§ 699. Foreign obligations or securities 

16 ‘‘Whoever, within the United States, with intent to defraud, 

17 falsely makes, alters, forges, or counterfeits any bond, certifi18 cate, obligation, or other security of any foreign government, 

19 purporting to be or in imitation of any such security issued 

20 under the authority of such foreign government, or any treas21 ury note, bill, or promise to pay, lawfully issued by such foreign 

22 government and intended to circulate as money, shall be im23 prisoned not more than 20 years. 

24 ‘‘§ 700. Uttering counterfeit foreign obligations or 

25 securities 

26 ‘‘Whoever, within the United States, knowingly and with in27 tent to defraud, utters, passes, or puts off, in payment or nego28 tiation, any false, forged, or counterfeited bond, certificate, ob29 ligation, security, treasury note, bill, or promise to pay, men30 tioned in section 478 of this title, whether or not the same was 

31 made, altered, forged, or counterfeited within the United 

32 States, shall be imprisoned not more than 20 years. 

33 ‘‘§ 701. Possessing counterfeit foreign obligations 

34 or securities 

35 ‘‘Whoever, within the United States, knowingly and with in36 tent to defraud, possesses or delivers any false, forged, or coun37 terfeit bond, certificate, obligation, security, treasury note, bill, 


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1 promise to pay, bank note, or bill issued by a bank or corpora2 tion of any foreign country, shall be imprisoned not more than 

3 20 years. 

4 ‘‘§ 702. Plates, stones, or analog, digital, or elec5 tronic images for counterfeiting foreign 

6 obligations or securities 

7 ‘‘Whoever— 

8 ‘‘(1) within the United States except by lawful authority, 

9 controls, holds, or possesses any plate, stone, or other 

10 thing, or any part thereof, from which has been printed or 

11 may be printed any counterfeit note, bond, obligation, or 

12 other security, in whole or in part, of any foreign govern13 ment, bank, or corporation, or uses such plate, stone, or 

14 other thing, or knowingly permits or suffers the same to be 

15 used in counterfeiting such foreign obligations, or any part 

16 thereof; 

17 ‘‘(2) except by lawful authority, makes or engraves any 

18 plate, stone, or other thing in the likeness or similitude of 

19 any plate, stone, or other thing designated for the printing 

20 of the genuine issues of the obligations of any foreign gov21 ernment, bank, or corporation; 

22 ‘‘(3) with intent to defraud, makes, executes, acquires, 

23 scans, captures, records, receives, transmits, reproduces, 

24 sells, or has in such person’s control, custody, or posses25 sion, an analog, digital, or electronic image of any bond, 

26 certificate, obligation, or other security of any foreign gov27 ernment, or of any treasury note, bill, or promise to pay, 

28 lawfully issued by such foreign government and intended to 

29 circulate as money; 

30 ‘‘(4) except by lawful authority, prints, photographs, or 

31 makes, executes, or sells any engraving, photograph, print, 

32 or impression in the likeness of any genuine note, bond, ob33 ligation, or other security, or any part thereof, of any for34 eign government, bank, or corporation; or 

35 ‘‘(5) brings into the United States any counterfeit plate, 

36 stone, or other thing, engraving, photograph, print, or 


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1 other impressions of the notes, bonds, obligations, or other 

2 securities of any foreign government, bank, or corporation; 

3 shall be imprisoned not more than 25 years. 

4 ‘‘§ 703. Uttering counterfeit foreign bank notes 

5 ‘‘Whoever, within the United States, utters, passes, puts off, 

6 or tenders in payment, with intent to defraud, any such false, 

7 forged, altered, or counterfeited bank note or bill, mentioned in 

8 section 482 of this title, knowing the same to be so false, 

9 forged, altered, and counterfeited, whether or not the same was 

10 made, forged, altered, or counterfeited within the United 

11 States, shall be imprisoned not more than 20 years. 

12 ‘‘§ 704. Connecting parts of different notes 

13 ‘‘Whoever so places or connects together different parts of 

14 two or more notes, bills, or other genuine instruments issued 

15 under the authority of the United States, or by any foreign 

16 government, or corporation, as to produce one instrument, with 

17 intent to defraud, shall be guilty of forgery in the same manner 

18 as if the parts so put together were falsely made or forged, and 

19 shall be imprisoned not more than 10 years. 

20 ‘‘§ 705. Tokens or paper used as money 

21 ‘‘(a) OFFENSE.—Whoever— 

22 ‘‘(1) being 18 years of age or over, not lawfully author23 ized, makes, issues, or passes any coin, card, token, or de24 vice in metal, or its compounds, intended to be used as 

25 money, or whoever, being 18 years of age or over, with in26 tent to defraud, makes, utters, inserts, or uses any card, 

27 token, slug, disk, device, paper, or other thing similar in 

28 size and shape to any of the lawful coins or other currency 

29 of the United States or any coin or other currency not legal 

30 tender in the United States, to procure anything of value, 

31 or the use or enjoyment of any property or service from 

32 any automatic merchandise vending machine, postage33 stamp machine, turnstile, fare box, coinbox telephone, park34 ing meter or other lawful receptacle, depository, or contriv35 ance designed to receive or to be operated by lawful coins 

36 or other currency of the United States; or 


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1 ‘‘(2) manufactures, sells, offers, or advertises for sale, or 

2 exposes or keeps with intent to furnish or sell any token, 

3 slug, disk, device, paper, or other thing similar in size and 

4 shape to any of the lawful coins or other currency of the 

5 United States, or any token, disk, paper, or other device 

6 issued or authorized in connection with rationing or food 

7 and fiber distribution by any agency of the United States, 

8 with knowledge or reason to believe that such tokens, slugs, 

9 disks, devices, papers, or other things are intended to be 

10 used unlawfully or fraudulently to procure anything of 

11 value, or the use or enjoyment of any property or service 

12 from any automatic merchandise vending machine, postage13 stamp machine, turnstile, fare box, coinbox telephone, park14 ing meter, or other lawful receptacle, depository, or contriv15 ance designed to receive or to be operated by lawful coins 

16 or other currency of the United States; 

17 shall be imprisoned not more than one year. 

18 ‘‘(b) NONPREEMPTION.—Nothing contained in this section 

19 shall create immunity from criminal prosecution under the laws 

20 of any State. 

21 ‘‘§ 706. Bonds and obligations of certain lending 

22 agencies 

23 ‘‘Whoever— 

24 ‘‘(1) falsely makes, forges, counterfeits or alters any 

25 note, bond, debenture, coupon, obligation, instrument, or 

26 writing in imitation or purporting to be in imitation of, a 

27 note, bond, debenture, coupon, obligation, instrument or 

28 writing, issued by the Reconstruction Finance Corporation, 

29 Federal Deposit Insurance Corporation, National Credit 

30 Union Administration, Home Owners’ Loan Corporation, 

31 Farm Credit Administration, Department of Housing and 

32 Urban Development, or any land bank, intermediate credit 

33 bank, insured credit union, bank for cooperatives or any 

34 lending, mortgage, insurance, credit or savings and loan 

35 corporation or association authorized or acting under the 

36 laws of the United States; or 


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1 ‘‘(2) passes, utters, or publishes, or attempts to pass, 

2 utter or publish any note, bond, debenture, coupon, obliga3 tion, instrument or document knowing the same to have 

4 been falsely made, forged, counterfeited or altered, contrary 

5 to the provisions of this section; 

6 shall be imprisoned not more than 10 years. 

7 ‘‘§ 707. Contracts, deeds, and powers of attorney 

8 ‘‘Whoever— 

9 ‘‘(1) falsely makes, alters, forges, or counterfeits any 

10 deed, power of attorney, order, certificate, receipt, contract, 

11 or other writing, for the purpose of obtaining or receiving, 

12 or of enabling any other person, either directly or indi13 rectly, to obtain or receive from the United States or any 

14 officers or agents thereof, any sum of money; 

15 ‘‘(2) utters or publishes as true any such false, forged, 

16 altered, or counterfeited writing, with intent to defraud the 

17 United States, knowing the same to be false, altered, 

18 forged, or counterfeited; or 

19 ‘‘(3) transmits to, or presents at any office or officer of 

20 the United States, any such writing in support of, or in re21 lation to, any account or claim, with intent to defraud the 

22 United States, knowing the same to be false, altered, 

23 forged, or counterfeited; 

24 shall be imprisoned not more than ten years. 

25 ‘‘§ 708. Military or naval discharge certificates 

26 ‘‘Whoever forges, counterfeits, or falsely alters any certificate 

27 of discharge from the military or naval service of the United 

28 States, or uses, unlawfully possesses or exhibits any such cer29 tificate, knowing the same to be forged, counterfeited, or falsely 

30 altered, shall be imprisoned not more than one year. 

31 ‘‘§ 709. Military, naval, or official passes 

32 ‘‘Whoever falsely makes, forges, counterfeits, alters, or 

33 tampers with any naval, military, or official pass or permit, 

34 issued by or under the authority of the United States, or with 

35 intent to defraud uses or possesses any such pass or permit, 

36 or personates or falsely represents himself to be or not to be 

37 a person to whom such pass or permit has been duly issued, 


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1 or knowingly allows any other person to have or use any such 

2 pass or permit, issued for his use alone, shall be imprisoned not 

3 more than five years. 

4 ‘‘§ 710. Money orders 

5 ‘‘Whoever— 

6 ‘‘(1) with intent to defraud, falsely makes, forges, coun7 terfeits, engraves, or prints any order in imitation of or 

8 purporting to be a blank money order or a money order 

9 issued by or under the direction of the Post Office Depart10 ment or Postal Service; 

11 ‘‘(2) forges or counterfeits the signature or initials of 

12 any person authorized to issue money orders upon or to 

13 any money order, postal note, or blank therefor provided or 

14 issued by or under the direction of the Post Office Depart15 ment or Postal Service, or post office department or cor16 poration of any foreign country, and payable in the United 

17 States, or any material signature or indorsement thereon, 

18 or any material signature to any receipt or certificate of 

19 identification thereof; 

20 ‘‘(3) falsely alters, in any material respect, any such 

21 money order or postal note; 

22 ‘‘(4) with intent to defraud, passes, utters or publishes 

23 or attempts to pass, utter or publish any such forged or al24 tered money order or postal note, knowing any material ini25 tials, signature, stamp impression or indorsement thereon 

26 to be false, forged, or counterfeited, or any material alter27 ation therein to have been falsely made; 

28 ‘‘(5) issues any money order or postal note without hav29 ing previously received or paid the full amount of money 

30 payable therefor, with the purpose of fraudulently obtaining 

31 or receiving, or fraudulently enabling any other person, ei32 ther directly or indirectly, to obtain or receive from the 

33 United States or Postal Service, or any officer, employee, 

34 or agent thereof, any sum of money whatever; 

35 ‘‘(6) embezzles, steals, or knowingly converts to his own 

36 use or to the use of another, or without authority converts 

37 or disposes of any blank money order form provided by or 


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1 under the authority of the Post Office Department or Post2 al Service; 

3 ‘‘(7) receives or possesses any such money order form 

4 with the intent to convert it to his own use or gain or use 

5 or gain of another knowing it to have been embezzled, sto6 len or converted; 

7 ‘‘(8) with intent to defraud the United States, the Postal 

8 Service, or any person, transmits, presents, or causes to be 

9 transmitted or presented, any money order or postal note 

10 knowing the same— 

11 ‘‘(A) to contain any forged or counterfeited signa12 ture, initials, or any stamped impression, 

13 ‘‘(B) to contain any material alteration therein un14 lawfully made, 

15 ‘‘(C) to have been unlawfully issued without previous 

16 payment of the amount required to be paid upon such 

17 issue, or 

18 ‘‘(D) to have been stamped without lawful authority; 

19 or 

20 ‘‘(9) steals, or with intent to defraud or without being 

21 lawfully authorized by the Post Office Department or Post22 al Service, receives, possesses, disposes of or attempts to 

23 dispose of any postal money order machine or any stamp, 

24 tool, or instrument specifically designed to be used in pre25 paring or filling out the blanks on postal money order 

26 forms; 

27 shall be imprisoned not more than five years. 

28 ‘‘§ 711. Postage stamps, postage meter stamps, and 

29 postal cards 

30 ‘‘Whoever— 

31 ‘‘(1) forges or counterfeits any postage stamp, postage 

32 meter stamp, or any stamp printed upon any stamped en33 velope, or postal card, or any die, plate, or engraving there34 of; 

35 ‘‘(2) makes or prints, or knowingly uses or sells, or pos36 sesses with intent to use or sell, any such forged or counVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00324 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 terfeited postage stamp, postage meter stamp, stamped en2 velope, postal card, die, plate, or engraving; 

3 ‘‘(3) makes, or knowingly uses or sells, or possesses with 

4 intent to use or sell, any paper bearing the watermark of 

5 any stamped envelope, or postal card, or any fraudulent 

6 imitation thereof; 

7 ‘‘(4) makes or prints, or authorizes to be made or print8 ed, any postage stamp, postage meter stamp, stamped en9 velope, or postal card, of the kind authorized and provided 

10 by the Post Office Department or by the Postal Service, 

11 without the special authority and direction of the Depart12 ment or Postal Service; or 

13 ‘‘(5) after such postage stamp, postage meter stamp, 

14 stamped envelope, or postal card has been printed, with in15 tent to defraud, delivers the same to any person not au16 thorized by an instrument in writing, duly executed under 

17 the hand of the Postmaster General and the seal of the 

18 Post Office Department or the Postal Service, to receive it; 

19 shall be imprisoned not more than five years. 

20 ‘‘§ 712. Printing and filming of United States and 

21 foreign obligations and securities 

22 ‘‘Notwithstanding any other provision of this subchapter, the 

23 following are permitted: 

24 ‘‘(1) The printing, publishing, or importation, or the 

25 making or importation of the necessary plates for such 

26 printing or publishing, of illustrations of— 

27 ‘‘(A) postage stamps of the United States, 

28 ‘‘(B) revenue stamps of the United States, 

29 ‘‘(C) any other obligation or other security of the 

30 United States, and 

31 ‘‘(D) postage stamps, revenue stamps, notes, bonds, 

32 and any other obligation or other security of any for33 eign government, bank, or corporation. 

34 Illustrations permitted by the foregoing provisions of this 

35 section shall be made in accordance with the following con36 ditions— 


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1 ‘‘(i) all illustrations shall be in black and white, ex2 cept that illustrations of postage stamps issued by the 

3 United States or by any foreign government and 

4 stamps issued under the Migratory Bird Hunting 

5 Stamp Act of 1934 may be in color; 

6 ‘‘(ii) all illustrations (including illustrations of 

7 uncanceled postage stamps in color and illustrations of 

8 stamps issued under the Migratory Bird Hunting 

9 Stamp Act of 1934 in color) shall be of a size less than 

10 three-fourths or more than one and one-half, in linear 

11 dimension, of each part of any matter so illustrated 

12 which is covered by subparagraph (A), (B), (C), or (D) 

13 of this paragraph, except that black and white illustra14 tions of postage and revenue stamps issued by the 

15 United States or by any foreign government and col16 ored illustrations of canceled postage stamps issued by 

17 the United States may be in the exact linear dimension 

18 in which the stamps were issued; and 

19 ‘‘(iii) the negatives and plates used in making the il20 lustrations shall be destroyed after their final use in ac21 cordance with this section. The Secretary of the Treas22 ury shall prescribe regulations to permit color illustra23 tions of such currency of the United States as the Sec24 retary determines may be appropriate for such pur25 poses. 

26 ‘‘(2) The provisions of this section shall not permit the 

27 reproduction of illustrations of obligations or other securi28 ties, by or through electronic methods used for the acquisi29 tion, recording, retrieval, transmission, or reproduction of 

30 any obligation or other security, unless such use is author31 ized by the Secretary of the Treasury. The Secretary shall 

32 establish a system to ensure that the legitimate use of such 

33 electronic methods and retention of such reproductions by 

34 businesses, hobbyists, press or others shall not be unduly 

35 restricted. 

36 ‘‘(3) The making or importation of motion-picture films, 

37 microfilms, or slides, for projection upon a screen or for 


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1 use in telecasting, of postage and revenue stamps and other 

2 obligations and securities of the United States, and postage 

3 and revenue stamps, notes, bonds, and other obligations or 

4 securities of any foreign government, bank, or corporation. 

5 No prints or other reproductions shall be made from such 

6 films or slides, except for the purposes of paragraph (1), 

7 without the permission of the Secretary of the Treasury. 

8 For the purposes of this section the term ‘postage stamp’ 

9 includes postage meter stamps. 

10 ‘‘§ 713. Seals of courts; signatures of judges or 

11 court officers 

12 ‘‘Whoever forges the signature of any judge, register, or 

13 other officer of any court of the United States, or of any Terri14 tory thereof, or forges or counterfeits the seal of any such 

15 court, or knowingly concurs in using any such forged or coun16 terfeit signature or seal, for the purpose of authenticating any 

17 proceeding or document, or tenders in evidence any such pro18 ceeding or document with a false or counterfeit signature of 

19 any such judge, register, or other officer, or a false or counter20 feit seal of the court, subscribed or attached thereto, knowing 

21 such signature or seal to be false or counterfeit, shall be im22 prisoned not more than five years. 

23 ‘‘§ 714. Seals of departments or agencies 

24 ‘‘(a) OFFENSE.—Whoever— 

25 ‘‘(1) falsely makes, forges, counterfeits, mutilates, or al26 ters the seal of any department or agency of the United 

27 States, or any facsimile thereof; 

28 ‘‘(2) knowingly uses, affixes, or impresses any such 

29 fraudulently made, forged, counterfeited, mutilated, or al30 tered seal or facsimile thereof to or upon any certificate, 

31 instrument, commission, document, or paper of any de32 scription; or 

33 ‘‘(3) with fraudulent intent, possesses, sells, offers for 

34 sale, furnishes, offers to furnish, gives away, offers to give 

35 away, transports, offers to transport, imports, or offers to 

36 import any such seal or facsimile thereof, knowing the 


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1 same to have been so falsely made, forged, counterfeited, 

2 mutilated, or altered, 

3 shall be imprisoned not more than 5 years. 

4 ‘‘(b) INCREASED PENALTY.—Notwithstanding subsection (a) 

5 or any other provision of law, if a forged, counterfeited, muti6 lated, or altered seal of a department or agency of the United 

7 States, or any facsimile thereof, is— 

8 ‘‘(1) so forged, counterfeited, mutilated, or altered; 

9 ‘‘(2) used, affixed, or impressed to or upon any certifi10 cate, instrument, commission, document, or paper of any 

11 description; or 

12 ‘‘(3) with fraudulent intent, possessed, sold, offered for 

13 sale, furnished, offered to furnish, given away, offered to 

14 give away, transported, offered to transport, imported, or 

15 offered to import, 

16 with the intent or effect of facilitating an alien’s application 

17 for, or receipt of, a Federal benefit to which the alien is not 

18 entitled, the penalties which may be imposed for each offense 

19 under subsection (a) shall be two times the maximum fine, and 

20 3 times the maximum term of imprisonment, or both, that 

21 would otherwise be imposed for an offense under subsection 

22 (a). 

23 ‘‘(c) DEFINITIONS.—For purposes of this section— 

24 ‘‘(1) the term ‘Federal benefit’ means— 

25 ‘‘(A) the issuance of any grant, contract, loan, pro26 fessional license, or commercial license provided by any 

27 agency of the United States or by appropriated funds 

28 of the United States; and 

29 ‘‘(B) any retirement, welfare, Social Security, health 

30 (including treatment of an emergency medical condition 

31 in accordance with section 1903(v) of the Social Secu32 rity Act (19 U.S.C. 1396b(v))), disability, veterans, 

33 public housing, education, supplemental nutrition as34 sistance program benefits, or unemployment benefit, or 

35 any similar benefit for which payments or assistance 

36 are provided by an agency of the United States or by 

37 appropriated funds of the United States; and 


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1 ‘‘(2) each instance of forgery, counterfeiting, mutilation, 

2 or alteration shall constitute a separate offense under this 

3 section. 

4 ‘‘§ 715. Forging endorsements on Treasury checks 

5 or bonds or securities of the United States 

6 ‘‘(a) IN GENERAL.—Whoever, with intent to defraud— 

7 ‘‘(1) falsely makes or forges any endorsement or signa8 ture on a Treasury check or bond or security of the United 

9 States; or 

10 ‘‘(2) passes, utters, or publishes, or attempts to pass, 

11 utter, or publish, any Treasury check or bond or security 

12 of the United States bearing a falsely made or forged en13 dorsement or signature; 

14 shall be imprisoned not more than ten years. 

15 ‘‘(b) SALE EXCHANGE AND SIMILAR CONDUCT.—Whoever, 

16 with knowledge that such Treasury check or bond or security 

17 of the United States is stolen or bears a falsely made or forged 

18 endorsement or signature buys, sells, exchanges, receives, deliv19 ers, retains, or conceals any such Treasury check or bond or 

20 security of the United States shall be imprisoned not more than 

21 ten years. 

22 ‘‘(c) REDUCED PENALTY.—If the face value of the Treasury 

23 check or bond or security of the United States or the aggregate 

24 face value, if more than one Treasury check or bond or security 

25 of the United States, does not exceed $1,000, in any of the 

26 above-mentioned offenses, the penalty shall be imprisonment 

27 for not more than one year. 

28 ‘‘§ 716. Altering or removing motor vehicle identi29 fication numbers 

30 ‘‘(a) OFFENSE.—Whoever— 

31 ‘‘(1) knowingly removes, obliterates, tampers with, or al32 ters an identification number for a motor vehicle or motor 

33 vehicle part; or 

34 ‘‘(2) with intent to further the theft of a motor vehicle, 

35 knowingly removes, obliterates, tampers with, or alters a 

36 decal or device affixed to a motor vehicle pursuant to the 

37 Motor Vehicle Theft Prevention Act, 


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1 shall be imprisoned not more than 5 years. 

2 ‘‘(b) EXCLUSION.— 

3 ‘‘(1) GENERALLY.—Subsection (a) does not apply to a 

4 removal, obliteration, tampering, or alteration by a person 

5 specified in paragraph (2) (unless such person knows that 

6 the vehicle or part involved is stolen). 

7 ‘‘(2) PERSONS REFERRED TO IN PARAGRAPH (1).—The 

8 persons referred to in paragraph (1) of this subsection 

9 are— 

10 ‘‘(A) a motor vehicle scrap processor or a motor ve11 hicle demolisher who complies with applicable State law 

12 with respect to such vehicle or part; 

13 ‘‘(B) a person who repairs such vehicle or part, if the 

14 removal, obliteration, tampering, or alteration is rea15 sonably necessary for the repair; 

16 ‘‘(C) a person who restores or replaces an identifica17 tion number for such vehicle or part in accordance with 

18 applicable State law; and 

19 ‘‘(D) a person who removes, obliterates, tampers 

20 with, or alters a decal or device affixed to a motor vehi21 cle pursuant to the Motor Vehicle Theft Prevention 

22 Act, if that person is the owner of the motor vehicle, 

23 or is authorized to remove, obliterate, tamper with or 

24 alter the decal or device by— 

25 ‘‘(i) the owner or his authorized agent; 

26 ‘‘(ii) applicable State or local law; or 

27 ‘‘(iii) regulations promulgated by the Attorney 

28 General to implement the Motor Vehicle Theft Pre29 vention Act. 

30 ‘‘(c) DEFINITIONS FOR SECTION.—As used in this section— 

31 ‘‘(1) the term ‘identification number’ means a number or 

32 symbol that is inscribed or affixed for purposes of identi33 fication under chapter 301 and part C of subtitle VI of title 

34 49; 

35 ‘‘(2) the term ‘motor vehicle’ has the meaning given that 

36 term in section 32101 of title 49; 


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1 ‘‘(3) the term ‘motor vehicle demolisher’ means a person, 

2 including any motor vehicle dismantler or motor vehicle re3 cycler, who is engaged in the business of reducing motor 

4 vehicles or motor vehicle parts to metallic scrap that is un5 suitable for use as either a motor vehicle or a motor vehicle 

6 part; 

7 ‘‘(4) the term ‘motor vehicle scrap processor’ means a 

8 person— 

9 ‘‘(A) who is engaged in the business of purchasing 

10 motor vehicles or motor vehicle parts for reduction to 

11 metallic scrap for recycling; 

12 ‘‘(B) who, from a fixed location, uses machinery to 

13 process metallic scrap into prepared grades; and 

14 ‘‘(C) whose principal product is metallic scrap for re15 cycling; 

16 but such term does not include any activity of any such 

17 person relating to the recycling of a motor vehicle or a 

18 motor vehicle part as a used motor vehicle or a used motor 

19 vehicle part; and 

20 ‘‘(5) the term ‘tampers with’ includes covering a pro21 gram decal or device affixed to a motor vehicle pursuant to 

22 the Motor Vehicle Theft Prevention Act for the purpose of 

23 obstructing its visibility. 

24 ‘‘§ 717. Securities of the States and private entities 

25 ‘‘(a) COUNTERFEIT SECURITIES.—Whoever makes, utters or 

26 possesses a counterfeited security of a State or a political sub27 division thereof or of an organization, or whoever makes, utters 

28 or possesses a forged security of a State or political subdivision 

29 thereof or of an organization that operates in or affecting com30 merce, with intent to deceive another person shall be impris31 oned for not more than ten years. 

32 ‘‘(b) IMPLEMENTS.—Whoever makes, receives, possesses, 

33 sells or otherwise transfers an implement designed for or par34 ticularly suited for making a counterfeit or forged security with 

35 the intent that it be so used shall be punished by imprisonment 

36 for not more than ten years. 

37 ‘‘(c) DEFINITIONS.—As used in this section— 


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1 ‘‘(1) the term ‘counterfeited’ means a document that 

2 purports to be genuine but is not, because it has been false3 ly made or manufactured in its entirety; 

4 ‘‘(2) the term ‘forged’ means a document that purports 

5 to be genuine but is not because it has been falsely altered, 

6 completed, signed, or endorsed, or contains a false addition 

7 thereto or insertion therein, or is a combination of parts of 

8 two or more genuine documents; and 

9 ‘‘(3) the term ‘security’ means— 

10 ‘‘(A) a note, stock certificate, treasury stock certifi11 cate, bond, treasury bond, debenture, certificate of de12 posit, interest coupon, bill, check, draft, warrant, debit 

13 instrument as defined in section 916(c) of the Elec14 tronic Fund Transfer Act, money order, traveler’s 

15 check, letter of credit, warehouse receipt, negotiable bill 

16 of lading, evidence of indebtedness, certificate of inter17 est in or participation in any profit-sharing agreement, 

18 collateral-trust certificate, pre-reorganization certificate 

19 of subscription, transferable share, investment contract, 

20 voting trust certificate, or certificate of interest in tan21 gible or intangible property; 

22 ‘‘(B) an instrument evidencing ownership of goods, 

23 wares, or merchandise; 

24 ‘‘(C) any other written instrument commonly known 

25 as a security; 

26 ‘‘(D) a certificate of interest in, certificate of partici27 pation in, certificate for, receipt for, or warrant or op28 tion or other right to subscribe to or purchase, any of 

29 the foregoing; or 

30 ‘‘(E) a blank form of any of the foregoing. 

31 ‘‘§ 718. Fictitious obligations 

32 ‘‘(a) OFFENSE.—Whoever, with the intent to defraud— 

33 ‘‘(1) draws, prints, processes, produces, publishes, or 

34 otherwise makes, or attempts or causes the same, within 

35 the United States; 


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1 ‘‘(2) passes, utters, presents, offers, brokers, issues, sells, 

2 or attempts or causes the same, or with like intent pos3 sesses, within the United States; or 

4 ‘‘(3) utilizes interstate or foreign commerce, including 

5 the use of the mails or wire, radio, or other electronic com6 munication, to transmit, transport, ship, move, transfer, or 

7 attempts or causes the same, to, from, or through the 

8 United States, 

9 any false or fictitious instrument, document, or other item ap10 pearing, representing, purporting, or contriving through scheme 

11 or artifice, to be an actual security or other financial instru12 ment issued under the authority of the United States, a foreign 

13 government, a State or other political subdivision of the United 

14 States, or an organization, shall be imprisoned for not more 

15 than 25 years. 

16 ‘‘(b) DEFINITIONS.—For purposes of this section, any term 

17 used in this section that is defined in section 718(c) has the 

18 same meaning given such term in section 718(c). 

19 ‘‘(c) AUTHORITY OF THE UNITED STATES SECRET SERV20 ICE.—The United States Secret Service, in addition to any 

21 other agency having such authority, shall have authority to in22 vestigate offenses under this section. 

23 ‘‘CHAPTER 25—FRAUD AND FALSE STATEMENT 

24 CRIMES 

‘‘Subchapter Sec. 

‘‘A. Fraud and false statements ............................................. 771 

‘‘B. Mail fraud ............................................................................... 801 

25 ‘‘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. 


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‘‘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. 

1 ‘‘§ 771. Definitions 

2 ‘‘As used in this subchapter— 

3 ‘‘(1) the term ‘member bank’ means any national bank, 

4 state bank, or bank or trust company, which has become 

5 a member of one of the Federal Reserve banks; 

6 ‘‘(2) the term ‘insured bank’ includes any state bank, 

7 banking association, trust company, savings bank, or other 

8 banking institution, the deposits of which are insured by 

9 the Federal Deposit Insurance Corporation; 

10 ‘‘(3) the term ‘branch or agency of a foreign bank’ 

11 means a branch or agency described in paragraph (E) of 

12 the definition of financial institution in section 1 of this 

13 title; and 

14 ‘‘(4) the term ‘depository institution holding company’ 

15 has the meaning given such term in section 3(w)(1) of the 

16 Federal Deposit Insurance Act. 

17 ‘‘§ 772. Statements or entries generally 

18 ‘‘(a) OFFENSE.—Except as otherwise provided in this sec19 tion, whoever, in any matter within the jurisdiction of the exec20 utive, legislative, or judicial branch of the Government of the 

21 United States, knowingly— 


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1 ‘‘(1) falsifies, conceals, or covers up by any trick, 

2 scheme, or device a material fact; 

3 ‘‘(2) makes any materially false, fictitious, or fraudulent 

4 statement or representation; or 

5 ‘‘(3) makes or uses any false writing or document know6 ing the same to contain any materially false, fictitious, or 

7 fraudulent statement or entry; 

8 shall be imprisoned not more than 5 years or, if the offense in9 volves international or domestic terrorism (as defined in section 

10 2331), imprisoned not more than 8 years. If the matter relates 

11 to an offense under chapter 13 or section 1265, then the term 

12 of imprisonment imposed under this section shall be not more 

13 than 8 years. 

14 ‘‘(b) EXCLUSION.—Subsection (a) does not apply to a party 

15 to a judicial proceeding, or that party’s counsel, for statements, 

16 representations, writings or documents submitted by such party 

17 or counsel to a judge or magistrate in that proceeding. 

18 ‘‘(c) APPLICATION TO MATTERS WITHIN THE JURISDICTION

19 OF THE LEGISLATIVE BRANCH.—With respect to any matter 

20 within the jurisdiction of the legislative branch, subsection (a) 

21 shall apply only to— 

22 ‘‘(1) administrative matters, including a claim for pay23 ment, a matter related to the procurement of property or 

24 services, personnel or employment practices, or support 

25 services, or a document required by law, rule, or regulation 

26 to be submitted to the Congress or any office or officer 

27 within the legislative branch; or 

28 ‘‘(2) any investigation or review, conducted pursuant to 

29 the authority of any committee, subcommittee, commission 

30 or office of the Congress, consistent with applicable rules 

31 of the House or Senate. 

32 ‘‘§ 773. Bank entries, reports and transactions 

33 ‘‘Whoever— 

34 ‘‘(1) being an officer, director, agent or employee of any 

35 Federal Reserve bank, member bank, depository institution 

36 holding company, national bank, insured bank, branch or 

37 agency of a foreign bank, or organization operating under 


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1 section 25 or section 25(a) of the Federal Reserve Act, 

2 without authority from the directors of such bank, branch, 

3 agency, or organization or company, issues or puts in cir4 culation any notes of such bank, branch, agency, or organi5 zation or company; 

6 ‘‘(2) without such authority, makes, draws, issues, puts 

7 forth, or assigns any certificate of deposit, draft, order, bill 

8 of exchange, acceptance, note, debenture, bond, or other 

9 obligation, or mortgage, judgment or decree; 

10 ‘‘(3) makes any false entry in any book, report, or state11 ment of such bank, company, branch, agency, or organiza12 tion with intent to injure or defraud such bank, company, 

13 branch, agency, or organization, or any other company, 

14 body politic or corporate, or any individual person, or to de15 ceive any officer of such bank, company, branch, agency, or 

16 organization, or the Comptroller of the Currency, or the 

17 Federal Deposit Insurance Corporation, or any agent or ex18 aminer appointed to examine the affairs of such bank, com19 pany, branch, agency, or organization, or the Board of 

20 Governors of the Federal Reserve System; or 

21 ‘‘(4) with intent to defraud the United States or any 

22 agency thereof, or any financial institution referred to in 

23 this section, participates or shares in or receives (directly 

24 or indirectly) any money, profit, property, or benefits 

25 through any transaction, loan, commission, contract, or any 

26 other act of any such financial institution; 

27 shall be imprisoned not more than 30 years. 

28 ‘‘§ 774. Federal credit institution entries, reports, 

29 and transactions 

30 ‘‘Whoever, being an officer, agent or employee of or con31 nected in any capacity with the Federal Deposit Insurance Cor32 poration, National Credit Union Administration, Office of 

33 Thrift Supervision, any Federal home loan bank, the Federal 

34 Housing Finance Agency, the Resolution Trust Corporation, 

35 Farm Credit Administration, Department of Housing and 

36 Urban Development, Federal Crop Insurance Corporation, the 

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1 ministration or successor agency, the Rural Development Ad2 ministration or successor agency, or the Farm Credit System 

3 Insurance Corporation, a Farm Credit Bank, a bank for co4 operatives or any lending, mortgage, insurance, credit or sav5 ings and loan corporation or association authorized or acting 

6 under the laws of the United States or any institution, other 

7 than an insured bank, the accounts of which are insured by the 

8 Federal Deposit Insurance Corporation, or by the National 

9 Credit Union Administration Board or any small business in10 vestment company, with intent to defraud any such institution 

11 or any other company, body politic or corporate, or any indi12 vidual, or to deceive any officer, auditor, examiner or agent of 

13 any such institution or of department or agency of the United 

14 States, makes any false entry in any book, report or statement 

15 of or to any such institution, or without being duly authorized, 

16 draws any order or bill of exchange, makes any acceptance, or 

17 issues, puts forth or assigns any note, debenture, bond or other 

18 obligation, or draft, bill of exchange, mortgage, judgment, or 

19 decree, or, with intent to defraud the United States or any 

20 agency thereof, or any corporation, institution, or association 

21 referred to in this section, participates or shares in or receives 

22 directly or indirectly any money, profit, property, or benefits 

23 through any transaction, loan, commission, contract, or any 

24 other act of any such corporation, institution, or association, 

25 shall be imprisoned not more than 30 years. 

26 ‘‘§ 775. Federal Deposit Insurance Corporation 

27 transactions 

28 ‘‘Whoever, for the purpose of influencing in any way the ac29 tion of the Federal Deposit Insurance Corporation, knowingly 

30 makes or invites reliance on a false, forged, or counterfeit 

31 statement, document, or thing shall be imprisoned not more 

32 than 30 years. 

33 ‘‘§ 776. Department of Housing and Urban Devel34 opment and Federal Housing Administra35 tion transactions 

36 ‘‘Whoever, for the purpose of obtaining any loan or advance 

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1 tion with the intent that such loan or advance of credit shall 

2 be offered to or accepted by the Department of Housing and 

3 Urban Development for insurance, or for the purpose of obtain4 ing any extension or renewal of any loan, advance of credit, or 

5 mortgage insured by such Department, or the acceptance, re6 lease, or substitution of any security on such a loan, advance 

7 of credit, or for the purpose of influencing in any way the ac8 tion of such Department, makes, passes, utters, or publishes 

9 any statement, knowing the same to be false, or alters, forges, 

10 or counterfeits any instrument, paper, or document, or utters, 

11 publishes, or passes as true any instrument, paper, or docu12 ment, knowing it to have been altered, forged, or counterfeited, 

13 or knowingly overvalues any security, asset, or income, shall be 

14 imprisoned not more than two years. 

15 ‘‘§ 777. Department of Housing and Urban Devel16 opment transactions 

17 ‘‘Whoever— 

18 ‘‘(1) with intent to defraud, makes any false entry in any 

19 book of the Department of Housing and Urban Develop20 ment or makes any false report or statement to or for such 

21 Department; 

22 ‘‘(2) receives any compensation, rebate, or reward, with 

23 intent to defraud such Department or with intent unlaw24 fully to defeat its purposes; or 

25 ‘‘(3) induces or influences such Department to purchase 

26 or acquire any property or to enter into any contract and 

27 knowingly fails to disclose any interest which that person 

28 has in such property or in the property to which such con29 tract relates, or any special benefit which he expects to re30 ceive as a result of such contract; 

31 shall be imprisoned not more than one year. 

32 ‘‘§ 778. Farm loan bonds and credit bank deben33 tures 

34 ‘‘Whoever deceives, defrauds, or imposes upon, or attempts 

35 to deceive, defraud, or impose upon any person, partnership, 

36 corporation, or association by making any false pretense or rep37 resentation concerning the character, issue, security, contents, 


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1 conditions, or terms of any farm loan bond, or coupon, issued 

2 by any Federal land bank or banks; or of any debenture, cou3 pon, or other obligation, issued by any Federal intermediate 

4 credit bank or banks; or by falsely pretending or representing 

5 that any farm loan bond, or coupon, is anything other than, 

6 or different from, what it purports to be on the face of said 

7 bond or coupon, shall be imprisoned not more than one year. 

8 ‘‘§ 779. Loan and credit applications generally; re9 newals and discounts; crop insurance 

10 ‘‘Whoever knowingly makes any false statement or report, or 

11 knowingly overvalues any land, property or security, for the 

12 purpose of influencing in any way the action of the Federal 

13 Housing Administration the Farm Credit Administration, Fed14 eral Crop Insurance Corporation or a company the Corporation 

15 reinsures, the Secretary of Agriculture acting through the 

16 Farmers Home Administration or successor agency, the Rural 

17 Development Administration or successor agency, any Farm 

18 Credit Bank, production credit association, agricultural credit 

19 association, bank for cooperatives, or any division, officer, or 

20 employee thereof, or of any regional agricultural credit corpora21 tion established pursuant to law, or a Federal land bank, a 

22 Federal land bank association, a Federal Reserve bank, a small 

23 business investment company, as defined in section 103 of the 

24 Small Business Investment Act of 1958, or the Small Business 

25 Administration in connection with any provision of that Act, a 

26 Federal credit union, an insured State-chartered credit union, 

27 any institution the accounts of which are insured by the Fed28 eral Deposit Insurance Corporation, the Office of Thrift Super29 vision, any Federal home loan bank, the Federal Housing Fi30 nance Agency, the Federal Deposit Insurance Corporation, the 

31 Resolution Trust Corporation, the Farm Credit System Insur32 ance Corporation, or the National Credit Union Administration 

33 Board, a branch or agency of a foreign bank (as such terms 

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

35 International Banking Act of 1978), or an organization oper36 ating under section 25 or section 25(a) of the Federal Reserve 

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1 chase agreement, repurchase agreement, commitment, loan, or 

2 insurance agreement or application for insurance or a guar3 antee, or any change or extension of any of the same, by re4 newal, deferment of action or otherwise, or the acceptance, re5 lease, or substitution of security therefor, shall be imprisoned 

6 not more than 30 years. 

7 ‘‘§ 780. Naturalization, citizenship, or alien reg8 istry 

9 ‘‘(a) OFFENSE.—Whoever— 

10 ‘‘(1) knowingly makes any false statement under oath, in 

11 any case, proceeding, or matter relating to, or under, or by 

12 virtue of any law of the United States relating to natu13 ralization, citizenship, or registry of aliens; 

14 ‘‘(2) knowingly, with intent to avoid any duty or liability 

15 imposed or required by law, denies that he has been natu16 ralized or admitted to be a citizen, after having been so 

17 naturalized or admitted; 

18 ‘‘(3) uses or attempts to use any certificate of arrival, 

19 declaration of intention, certificate of naturalization, certifi20 cate of citizenship or other documentary evidence of natu21 ralization or of citizenship, or any duplicate or copy there22 of, knowing the same to have been procured by fraud or 

23 false evidence or without required appearance or hearing of 

24 the applicant in court or otherwise unlawfully obtained; 

25 ‘‘(4) knowingly makes any false certificate, acknowledg26 ment or statement concerning the appearance before him or 

27 the taking of an oath or affirmation or the signature, attes28 tation or execution by any person with respect to any appli29 cation, declaration, petition, affidavit, deposition, certificate 

30 of naturalization, certificate of citizenship or other paper or 

31 writing required or authorized by the laws relating to immi32 gration, naturalization, citizenship, or registry of aliens; 

33 ‘‘(5) knowingly makes any false statement or claim that 

34 he is, or at any time has been, a citizen or national of the 

35 United States, with the intent to obtain on behalf of him36 self, or any other person, any Federal or State benefit or 


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1 service, or to engage unlawfully in employment in the 

2 United States; or 

3 ‘‘(6) knowingly makes any false statement or claim that 

4 he is a citizen of the United States in order to register to 

5 vote or to vote in any Federal, State, or local election (in6 cluding an initiative, recall, or referendum); 

7 shall be imprisoned not more than five years. 

8 ‘‘(b) EXCLUSION.—Subsection (a)(5) does not apply to an 

9 alien if each natural parent of the alien (or, in the case of an 

10 adopted alien, each adoptive parent of the alien) is or was a 

11 citizen (whether by birth or naturalization), the alien perma12 nently resided in the United States prior to attaining the age 

13 of 16, and the alien reasonably believed at the time of making 

14 the false statement or claim that he or she was a citizen of the 

15 United States. 

16 ‘‘§ 781. Highway projects 

17 ‘‘Whoever— 

18 ‘‘(1) knowingly makes any false statement, false rep19 resentation, or false report as to the character, quality, 

20 quantity, or cost of the material used or to be used, or the 

21 quantity or quality of the work performed or to be per22 formed, or the costs thereof in connection with the submis23 sion of plans, maps, specifications, contracts, or costs of 

24 construction of any highway or related project submitted 

25 for approval to the Secretary of Transportation; 

26 ‘‘(2) knowingly makes any false statement, false rep27 resentation, false report, or false claim with respect to the 

28 character, quality, quantity, or cost of any work performed 

29 or to be performed, or materials furnished or to be fur30 nished, in connection with the construction of any highway 

31 or related project approved by the Secretary of Transpor32 tation; or 

33 ‘‘(3) knowingly makes any false statement or false rep34 resentation as to a material fact in any statement, certifi35 cate, or report submitted pursuant to the provisions of the 

36 Federal-Aid Road Act approved July 11, 1916 (39 Stat. 

37 355), as amended and supplemented; 


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1 shall be imprisoned not more than five years. 

2 ‘‘§ 782. False statements and concealment of facts 

3 in relation to documents required by the 

4 Employee Retirement Income Security Act 

5 of 1974 

6 ‘‘Whoever, in any document required by title I of the Em7 ployee Retirement Income Security Act of 1974 to be pub8 lished, or kept as part of the records of any employee welfare 

9 benefit plan or employee pension benefit plan, or certified to 

10 the administrator of any such plan, makes any false statement 

11 or representation of fact, knowing it to be false, or knowingly 

12 conceals, covers up, or fails to disclose any fact the disclosure 

13 of which is required by such title or is necessary to verify, ex14 plain, clarify or check for accuracy and completeness any report 

15 required by such title to be published or any information re16 quired by such title to be certified, shall be imprisoned not 

17 more than five years. 

18 ‘‘§ 783. Fraud and related activity in connection 

19 with identification documents, authen20 tication features, and information 

21 ‘‘(a) OFFENSE.—Whoever, as made applicable by subsection 

22 (c)— 

23 ‘‘(1) knowingly and without lawful authority produces an 

24 identification document, authentication feature, or a false 

25 identification document; 

26 ‘‘(2) knowingly transfers an identification document, au27 thentication feature, or a false identification document 

28 knowing that such document or feature was stolen or pro29 duced without lawful authority; 

30 ‘‘(3) knowingly possesses with intent to use unlawfully or 

31 transfer unlawfully five or more identification documents 

32 (other than those issued lawfully for the use of the pos33 sessor), authentication features, or false identification docu34 ments; 

35 ‘‘(4) knowingly possesses an identification document 

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1 ument, with the intent such document or feature be used 

2 to defraud the United States; 

3 ‘‘(5) knowingly produces, transfers, or possesses a docu4 ment-making implement or authentication feature with the 

5 intent such document-making implement or authentication 

6 feature will be used in the production of a false identifica7 tion document or another document-making implement or 

8 authentication feature which will be so used; 

9 ‘‘(6) knowingly possesses an identification document or 

10 authentication feature that is or appears to be an identi11 fication document or authentication feature of the United 

12 States or a sponsoring entity of an event designated as a 

13 special event of national significance which is stolen or pro14 duced without lawful authority knowing that such docu15 ment or feature was stolen or produced without such au16 thority; 

17 ‘‘(7) knowingly transfers, posseses, or uses, without law18 ful authority, a means of identification of another person 

19 with the intent to commit, or to aid or abet, or in connec20 tion with, any unlawful activity that constitutes a violation 

21 of Federal law, or that constitutes a felony under any ap22 plicable State or local law; or 

23 ‘‘(8) knowingly traffics in false or actual authentication 

24 features for use in false identification documents, docu25 ment-making implements, or means of identification; 

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

27 ‘‘(b) PUNISHMENT.—The punishment for an offense under 

28 subsection (a) of this section is— 

29 ‘‘(1) except as provided in paragraphs (3) and (4), a fine 

30 under this title or imprisonment for not more than 15 

31 years, or both, if the offense is— 

32 ‘‘(A) the production or transfer of an identification 

33 document, authentication feature, or false identification 

34 document that is or appears to be— 

35 ‘‘(i) an identification document or authentication 

36 feature issued by or under the authority of the 

37 United States; or 


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1 ‘‘(ii) a birth certificate, or a driver’s license or 

2 personal identification card; 

3 ‘‘(B) the production or transfer of more than five 

4 identification documents, authentication features, or 

5 false identification documents; 

6 ‘‘(C) an offense under paragraph (5) of such sub7 section; or 

8 ‘‘(D) an offense under paragraph (7) of such sub9 section that involves the transfer, possession, or use of 

10 1 or more means of identification if, as a result of the 

11 offense, any individual committing the offense obtains 

12 anything of value aggregating $1,000 or more during 

13 any 1-year period; 

14 ‘‘(2) except as provided in paragraphs (3) and (4), a fine 

15 under this title or imprisonment for not more than 5 years, 

16 or both, if the offense is— 

17 ‘‘(A) any other production, transfer, or use of a 

18 means of identification, an identification document, au19 thentication feature, or a false identification document; 

20 or 

21 ‘‘(B) an offense under paragraph (3) or (7) of such 

22 subsection; 

23 ‘‘(3) a fine under this title or imprisonment for not more 

24 than 20 years, or both, if the offense is committed— 

25 ‘‘(A) to facilitate a drug trafficking crime (as defined 

26 in section 592(a)(2)); 

27 ‘‘(B) in connection with a crime of violence (as de28 fined in section 584(c)(3)); or 

29 ‘‘(C) after a prior conviction under this section be30 comes final; 

31 ‘‘(4) a fine under this title or imprisonment for not more 

32 than 30 years, or both, if the offense is committed to facili33 tate an act of domestic terrorism (as defined under section 

34 283) or an act of international terrorism (as defined in sec35 tion 283(1)); and 

36 ‘‘(5) a fine under this title or imprisonment for not more 

37 than one year, or both, in any other case. 


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1 ‘‘(c) APPLICABILITY.—Subsection (a) applies if— 

2 ‘‘(1) the identification document, authentication feature, 

3 or false identification document is or appears to be issued 

4 by or under the authority of the United States or a spon5 soring entity of an event designated as a special event of 

6 national significance or the document-making implement is 

7 designed or suited for making such an identification docu8 ment, authentication feature, or false identification docu9 ment; 

10 ‘‘(2) the offense is an offense under subsection (a)(4) of 

11 this section; or 

12 ‘‘(3) either— 

13 ‘‘(A) the production, transfer, possession, or use pro14 hibited by this section is in or affects interstate or for15 eign commerce, including the transfer of a document by 

16 electronic means; or 

17 ‘‘(B) the means of identification, identification docu18 ment, false identification document, or document-mak19 ing implement is transported in the mail in the course 

20 of the production, transfer, possession, or use prohib21 ited by this section. 

22 ‘‘(d) DEFINITIONS.—In this section and section 784— 

23 ‘‘(1) the term ‘authentication feature’ means any 

24 hologram, watermark, certification, symbol, code, image, se25 quence of numbers or letters, or other feature that either 

26 individually or in combination with another feature is used 

27 by the issuing authority on an identification document, doc28 ument-making implement, or means of identification to de29 termine if the document is counterfeit, altered, or otherwise 

30 falsified; 

31 ‘‘(2) the term ‘document-making implement’ means any 

32 implement, impression, template, computer file, computer 

33 disc, electronic device, or computer hardware or software, 

34 that is specifically configured or primarily used for making 

35 an identification document, a false identification document, 

36 or another document-making implement; 


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1 ‘‘(3) the term ‘identification document’ means a docu2 ment made or issued by or under the authority of the 

3 United States Government, a State, political subdivision of 

4 a State, or a sponsoring entity of an event designated as 

5 a special event of national significance, a foreign govern6 ment, political subdivision of a foreign government, an 

7 international governmental or an international quasi-gov8 ernmental organization which, when completed with infor9 mation concerning a particular individual, is of a type in10 tended or commonly accepted for the purpose of identifica11 tion of individuals; 

12 ‘‘(4) the term ‘false identification document’ means a 

13 document of a type intended or commonly accepted for the 

14 purposes of identification of individuals that— 

15 ‘‘(A) is not issued by or under the authority of a 

16 governmental entity or was issued under the authority 

17 of a governmental entity but was subsequently altered 

18 for purposes of deceit; and 

19 ‘‘(B) appears to be issued by or under the authority 

20 of the United States Government, a State, a political 

21 subdivision of a State, or a sponsoring entity of an 

22 event designated as a special event of national signifi23 cance, a foreign government, a political subdivision of 

24 a foreign government, or an international governmental 

25 or quasi-governmental organization; 

26 ‘‘(5) the term ‘false authentication feature’ means an au27 thentication feature that— 

28 ‘‘(A) is genuine in origin, but, without the authoriza29 tion of the issuing authority, has been tampered with 

30 or altered for purposes of deceit; 

31 ‘‘(B) is genuine, but has been distributed, or is in32 tended for distribution, without the authorization of the 

33 issuing authority and not in connection with a lawfully 

34 made identification document, document-making imple35 ment, or means of identification to which such authen36 tication feature is intended to be affixed or embedded 

37 by the respective issuing authority; or 


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1 ‘‘(C) appears to be genuine, but is not; 

2 ‘‘(6) the term ‘issuing authority’— 

3 ‘‘(A) means any governmental entity or agency that 

4 is authorized to issue identification documents, means 

5 of identification, or authentication features; and 

6 ‘‘(B) includes the United States Government, a 

7 State, a political subdivision of a State, or a sponsoring 

8 entity of an event designated as a special event of na9 tional significance, a foreign government, a political 

10 subdivision of a foreign government, or an international 

11 government or quasi-governmental organization; 

12 ‘‘(7) the term ‘means of identification’ means any name 

13 or number that may be used, alone or in conjunction with 

14 any other information, to identify a specific individual, in15 cluding any— 

16 ‘‘(A) name, social security number, date of birth, of17 ficial State or government issued driver’s license or 

18 identification number, alien registration number, gov19 ernment passport number, employer or taxpayer identi20 fication number; 

21 ‘‘(B) unique biometric data, such as fingerprint, 

22 voice print, retina or iris image, or other unique phys23 ical representation; 

24 ‘‘(C) unique electronic identification number, ad25 dress, or routing code; or 

26 ‘‘(D) telecommunication identifying information or 

27 access device (as defined in section 1029(e)); 

28 ‘‘(8) the term ‘personal identification card’ means an 

29 identification document issued by a State or local govern30 ment solely for the purpose of identification; 

31 ‘‘(9) the term ‘produce’ includes alter, authenticate, or 

32 assemble; 

33 ‘‘(10) the term ‘transfer’ includes selecting an identifica34 tion document, false identification document, or document35 making implement and placing or directing the placement 

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1 ment, or document-making implement on an online location 

2 where it is available to others; 

3 ‘‘(11) the term ‘traffic’ means— 

4 ‘‘(A) to transport, transfer, or otherwise dispose of, 

5 to another, as consideration for anything of value; or 

6 ‘‘(B) to make or obtain control of with intent to so 

7 transport, transfer, or otherwise dispose of. 

8 ‘‘(e) EXCLUSION.—This section does not prohibit any law9 fully authorized investigative, protective, or intelligence activity 

10 of a law enforcement agency of the United States, a State, or 

11 a political subdivision of a State, or of an intelligence agency 

12 of the United States, or any activity authorized under chapter 

13 224 of this title. 

14 ‘‘(f) RULE OF CONSTRUCTION.—For purpose of subsection 

15 (a)(7), a single identification document or false identification 

16 document that contains 1 or more means of identification shall 

17 be construed to be 1 means of identification. 

18 ‘‘§ 784. Aggravated identity theft 

19 ‘‘(a) OFFENSES.— 

20 ‘‘(1) IN GENERAL.—Whoever, during and in relation to 

21 any felony violation enumerated in subsection (c), know22 ingly transfers, possesses, or uses, without lawful authority, 

23 a means of identification of another person shall, in addi24 tion to the punishment provided for such felony, be sen25 tenced to a term of imprisonment of 2 years. 

26 ‘‘(2) TERRORISM OFFENSE.—Whoever, during and in re27 lation to any felony violation enumerated in section 

28 273(g)(5)(B), knowingly transfers, possesses, or uses, with29 out lawful authority, a means of identification of another 

30 person or a false identification document shall, in addition 

31 to the punishment provided for such felony, be sentenced 

32 to a term of imprisonment of 5 years. 

33 ‘‘(b) CONSECUTIVE SENTENCE.—Notwithstanding any other 

34 provision of law— 

35 ‘‘(1) a court shall not place on probation any person con36 victed of a violation of this section; 


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1 ‘‘(2) except as provided in paragraph (4), no term of im2 prisonment imposed on a person under this section shall 

3 run concurrently with any other term of imprisonment im4 posed on the person under any other provision of law, in5 cluding any term of imprisonment imposed for the felony 

6 during which the means of identification was transferred, 

7 possessed, or used; 

8 ‘‘(3) in determining any term of imprisonment to be im9 posed for the felony during which the means of identifica10 tion was transferred, possessed, or used, a court shall not 

11 in any way reduce the term to be imposed for such crime 

12 so as to compensate for, or otherwise take into account, 

13 any separate term of imprisonment imposed or to be im14 posed for a violation of this section; and 

15 ‘‘(4) a term of imprisonment imposed on a person for a 

16 violation of this section may, in the discretion of the court, 

17 run concurrently, in whole or in part, only with another 

18 term of imprisonment that is imposed by the court at the 

19 same time on that person for an additional violation of this 

20 section, provided that such discretion shall be exercised in 

21 accordance with any applicable guidelines and policy state22 ments issued by the Sentencing Commission pursuant to 

23 section 994 of title 28. 

24 ‘‘(c) DEFINITION.—For purposes of this section, the term 

25 ‘felony violation enumerated in subsection (c)’ means any of26 fense that is a felony violation of— 

27 ‘‘(1) section 641 (relating to theft of public money, prop28 erty, or rewards), section 644 (relating to theft, embezzle29 ment, or misapplication by bank officer or employee), or 

30 section 651 (relating to theft from employee benefit plans); 

31 ‘‘(2) section 1091 (relating to false personation of citi32 zenship); 

33 ‘‘(3) section 582(a)(6) (relating to false statements in 

34 connection with the acquisition of a firearm); 

35 ‘‘(4) any provision contained in this subchapter (relating 

36 to fraud and false statements), other than this section or 

37 section 783(a)(7); 


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1 ‘‘(5) any provision contained in subchapter B of chapter 

2 25 (relating to mail, bank, and wire fraud); 

3 ‘‘(6) any provision contained in subchapter F of chapter 

4 15 (relating to nationality and citizenship); 

5 ‘‘(7) section 523 of the Gramm-Leach-Bliley Act (15 

6 U.S.C. 6823) (relating to obtaining customer information 

7 by false pretenses); 

8 ‘‘(8) section 243 or 266 of the Immigration and Nation9 ality Act (8 U.S.C. 1253 and 1306) (relating to knowingly 

10 failing to leave the United States after deportation and cre11 ating a counterfeit alien registration card); 

12 ‘‘(9) any provision contained in chapter 8 of title II of 

13 the Immigration and Nationality Act (8 U.S.C. 1321 et 

14 seq.) (relating to various immigration offenses); or 

15 ‘‘(10) section 208, 811, 1107(b), 1128B(a), or 1632 of 

16 the Social Security Act (42 U.S.C. 408, 1011, 1307(b), 

17 1320a–7b(a), and 1383a) (relating to false statements re18 lating to programs under the Act). 

19 ‘‘§ 785. Fraudulent use of credit card 

20 ‘‘(a) OFFENSE.—Whoever— 

21 ‘‘(1) knowingly in a transaction affecting interstate or 

22 foreign commerce, uses any counterfeit, fictitious, altered, 

23 forged, lost, stolen, or fraudulently obtained credit card to 

24 obtain money, goods, services, or anything else of value 

25 which within any one-year period has a value aggregating 

26 $1,000 or more; 

27 ‘‘(2) with unlawful intent, transports in interstate or for28 eign commerce a counterfeit, fictitious, altered, forged, lost, 

29 stolen, or fraudulently obtained credit card knowing the 

30 same to be counterfeit, fictitious, altered, forged, lost, sto31 len, or fraudulently obtained; 

32 ‘‘(3) with unlawful intent, uses any instrumentality of 

33 interstate or foreign commerce to sell or transport a coun34 terfeit, fictitious, altered, forged, lost, stolen, or fraudu35 lently obtained credit card knowing the same to be counter36 feit, fictitious, altered, forged, lost, stolen, or fraudulently 

37 obtained; 


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1 ‘‘(4) knowingly receives, conceals, uses, or transports 

2 money, goods, services, or anything else of value (except 

3 tickets for interstate or foreign transportation) which— 

4 ‘‘(A)(i) within any one-year period has a value aggre5 gating $1,000 or more; or 

6 ‘‘(ii) has moved in interstate or foreign commerce; 

7 and 

8 ‘‘(B) has been obtained with a counterfeit, fictitious, 

9 altered, forged, lost, stolen, or fraudulently obtained 

10 credit card; 

11 ‘‘(5) knowingly receives, conceals, uses, sells, or trans12 ports in interstate or foreign commerce one or more tickets 

13 for interstate or foreign transportation, which (1) within 

14 any one-year period have a value aggregating $500 or 

15 more, and (2) have been purchased or obtained with one 

16 or more counterfeit, fictitious, altered, forged, lost, stolen, 

17 or fraudulently obtained credit cards; or 

18 ‘‘(6) in a transaction affecting interstate or foreign com19 merce furnishes money, property, services, or anything else 

20 of value, which within any one-year period has a value ag21 gregating $1,000 or more, through the use of any counter22 feit, fictitious, altered, forged, lost, stolen, or fraudulently 

23 obtained credit card knowing the same to be counterfeit, 

24 fictitious, altered, forged, lost, stolen, or fraudulently ob25 tained; 

26 shall be imprisoned not more than ten years. 

27 ‘‘(b) DEFINITIONS.—A term used in this section that has a 

28 definition for the purposes of the Consumer Credit Protection 

29 Act has that same definition for the purposes of this section. 

30 ‘‘§ 786. Fraud and related activity in connection 

31 with access devices 

32 ‘‘(a) OFFENSE.—Whoever— 

33 ‘‘(1) knowingly and with intent to defraud produces, 

34 uses, or traffics in one or more counterfeit access devices; 

35 ‘‘(2) knowingly and with intent to defraud traffics in or 

36 uses one or more unauthorized access devices during any 


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1 one-year period, and by such conduct obtains anything of 

2 value aggregating $1,000 or more during that period; 

3 ‘‘(3) knowingly and with intent to defraud possesses fif4 teen or more devices which are counterfeit or unauthorized 

5 access devices; 

6 ‘‘(4) knowingly and with intent to defraud produces, 

7 traffics in, has control or custody of, or possesses device8 making equipment; 

9 ‘‘(5) knowingly and with intent to defraud effects trans10 actions, with 1 or more access devices issued to another 

11 person or persons, to receive payment or any other thing 

12 of value during any 1-year period the aggregate value of 

13 which is equal to or greater than $1,000; 

14 ‘‘(6) without the authorization of the issuer of the access 

15 device, knowingly and with intent to defraud solicits a per16 son for the purpose of— 

17 ‘‘(A) offering an access device; or 

18 ‘‘(B) selling information regarding or an application 

19 to obtain an access device; 

20 ‘‘(7) knowingly and with intent to defraud uses, pro21 duces, traffics in, has control or custody of, or possesses a 

22 telecommunications instrument that has been modified or 

23 altered to obtain unauthorized use of telecommunications 

24 services; 

25 ‘‘(8) knowingly and with intent to defraud uses, pro26 duces, traffics in, has control or custody of, or possesses a 

27 scanning receiver; 

28 ‘‘(9) knowingly uses, produces, traffics in, has control or 

29 custody of, or possesses hardware or software, knowing it 

30 has been configured to insert or modify telecommunication 

31 identifying information associated with or contained in a 

32 telecommunications instrument so that such instrument 

33 may be used to obtain telecommunications service without 

34 authorization; or 

35 ‘‘(10) without the authorization of the credit card system 

36 member or its agent, knowingly and with intent to defraud 

37 causes or arranges for another person to present to the 


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1 member or its agent, for payment, 1 or more evidences or 

2 records of transactions made by an access device; 

3 shall, if the offense affects interstate or foreign commerce, be 

4 punished as provided in subsection (c) of this section. 

5 ‘‘(b) PENALTIES.—The punishment for an offense under 

6 subsection (a) is— 

7 ‘‘(1) in the case of an offense that does not occur after 

8 a conviction for another offense under this section— 

9 ‘‘(A) if the offense is under paragraph (1), (2), (3), 

10 (6), (7), or (10) of subsection (a), a fine under this 

11 title or imprisonment for not more than 10 years, or 

12 both; and 

13 ‘‘(B) if the offense is under paragraph (4), (5), (8), 

14 or (9) of subsection (a), a fine under this title or im15 prisonment for not more than 15 years, or both; and 

16 ‘‘(2) in the case of an offense that occurs after a convic17 tion for another offense under this section, a fine under 

18 this title or imprisonment for not more than 20 years, or 

19 both. 

20 ‘‘(c) EXTRATERRITORIAL JURISDICATION.—There is 

21 extraterritorial jurisdiction over an offense under this sub22 section if— 

23 ‘‘(1) the offense involves an access device issued, owned, 

24 managed, or controlled by a financial institution, account 

25 issuer, credit card system member, or other entity within 

26 the jurisdiction of the United States; and 

27 ‘‘(2) the person transports, delivers, conveys, transfers to 

28 or through, or otherwise stores, secrets, or holds within the 

29 jurisdiction of the United States, any article used to assist 

30 in the commission of the offense or the proceeds of such 

31 offense or property derived therefrom. 

32 ‘‘(d) AUTHORITY OF UNITED STATES SECRET SERVICE.— 

33 The United States Secret Service shall, in addition to any other 

34 agency having such authority, have the authority to investigate 

35 offenses under this section. Such authority of the United States 

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1 ment which shall be entered into by the Secretary of the Treas2 ury and the Attorney General. 

3 ‘‘(e) OFFICIAL DUTY EXCLUSION.—This section does not 

4 prohibit any lawfully authorized investigative, protective, or in5 telligence activity of a law enforcement agency of the United 

6 States, a State, or a political subdivision of a State, or of an 

7 intelligence agency of the United States, or any activity author8 ized under chapter 224 of this title. 

9 ‘‘(f) BUSSINESS EXCLUSION.—It is not a violation of sub10 section (a)(9) for an officer, employee, or agent of, or a person 

11 engaged in business with, a facilities-based carrier, to engage 

12 in conduct (other than trafficking) otherwise prohibited by that 

13 subsection for the purpose of protecting the property or legal 

14 rights of that carrier, unless such conduct is for the purpose 

15 of obtaining telecommunications service provided by another fa16 cilities-based carrier without the authorization of such carrier. 

17 ‘‘(g) AFFIRMATIVE DEFENSE.—In a prosecution for a viola18 tion of subsection (a)(9), (other than a violation consisting of 

19 producing or trafficking) it is an affirmative defense that the 

20 conduct charged was engaged in for research or development in 

21 connection with a lawful purpose. 

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

23 ‘‘(1) the term ‘access device’ means any card, plate, code, 

24 account number, electronic serial number, mobile identifica25 tion number, personal identification number, or other tele26 communications service, equipment, or instrument identi27 fier, or other means of account access that can be used, 

28 alone or in conjunction with another access device, to ob29 tain money, goods, services, or any other thing of value, or 

30 that can be used to initiate a transfer of funds (other than 

31 a transfer originated solely by paper instrument); 

32 ‘‘(2) the term ‘counterfeit access device’ means any ac33 cess device that is counterfeit, fictitious, altered, or forged, 

34 or an identifiable component of an access device or a coun35 terfeit access device; 


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1 ‘‘(3) the term ‘unauthorized access device’ means any ac2 cess device that is lost, stolen, expired, revoked, canceled, 

3 or obtained with intent to defraud; 

4 ‘‘(4) the term ‘produce’ includes design, alter, authen5 ticate, duplicate, or assemble; 

6 ‘‘(5) the term ‘traffic’ means transfer, or otherwise dis7 pose of, to another, or obtain control of with intent to 

8 transfer or dispose of; 

9 ‘‘(6) the term ‘device-making equipment’ means any 

10 equipment, mechanism, or impression designed or primarily 

11 used for making an access device or a counterfeit access de12 vice; 

13 ‘‘(7) the term ‘credit card system member’ means a fi14 nancial institution or other entity that is a member of a 

15 credit card system, including an entity, whether affiliated 

16 with or identical to the credit card issuer, that is the sole 

17 member of a credit card system; 

18 ‘‘(8) the term ‘scanning receiver’ means a device or ap19 paratus that can be used to intercept a wire or electronic 

20 communication in violation of chapter 119 or to intercept 

21 an electronic serial number, mobile identification number, 

22 or other identifier of any telecommunications service, equip23 ment, or instrument; 

24 ‘‘(9) the term ‘telecommunications service’ has the mean25 ing given such term in section 3 of title I of the Commu26 nications Act of 1934 (47 U.S.C. 153); 

27 ‘‘(10) the term ‘facilities-based carrier’ means an entity 

28 that owns communications transmission facilities, is respon29 sible for the operation and maintenance of those facilities, 

30 and holds an operating license issued by the Federal Com31 munications Commission under the authority of title III of 

32 the Communications Act of 1934; and 

33 ‘‘(11) the term ‘telecommunication identifying informa34 tion’ means electronic serial number or any other number 

35 or signal that identifies a specific telecommunications in36 strument or account, or a specific communication trans37 mitted from a telecommunications instrument. 


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1 ‘‘§ 787. Fraud and related activity in connection 

2 with computers 

3 ‘‘(a) OFFENSE.—Whoever— 

4 ‘‘(1) having knowingly accessed a computer without au5 thorization or exceeding authorized access, and by means of 

6 such conduct having obtained information that has been de7 termined by the United States Government pursuant to an 

8 Executive order or statute to require protection against un9 authorized disclosure for reasons of national defense or for10 eign relations, or any restricted data, as defined in para11 graph y. of section 11 of the Atomic Energy Act of 1954, 

12 with reason to believe that such information so obtained 

13 could be used to the injury of the United States, or to the 

14 advantage of any foreign nation knowingly communicates, 

15 delivers, transmits, or causes to be communicated, deliv16 ered, or transmitted, or attempts to communicate, deliver, 

17 transmit or cause to be communicated, delivered, or trans18 mitted the same to any person not entitled to receive it, or 

19 knowingly retains the same and fails to deliver it to the of20 ficer or employee of the United States entitled to receive 

21 it; 

22 ‘‘(2) intentionally accesses a computer without authoriza23 tion or exceeds authorized access, and thereby obtains— 

24 ‘‘(A) information contained in a financial record of 

25 a financial institution, or of a card issuer as defined in 

26 section 1602(n) of title 15, or contained in a file of a 

27 consumer reporting agency on a consumer, as such 

28 terms are defined in the Fair Credit Reporting Act (15 

29 U.S.C. 1681 et seq.); 

30 ‘‘(B) information from any department or agency of 

31 the United States; or 

32 ‘‘(C) information from any protected computer; 

33 ‘‘(3) intentionally, without authorization to access any 

34 nonpublic computer of a department or agency of the 

35 United States, accesses such a computer of that depart36 ment or agency that is exclusively for the use of the Gov37 ernment of the United States or, in the case of a computer 


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1 not exclusively for such use, is used by or for the Govern2 ment of the United States and such conduct affects that 

3 use by or for the Government of the United States; 

4 ‘‘(4) knowingly and with intent to defraud, accesses a 

5 protected computer without authorization, or exceeds au6 thorized access, and by means of such conduct furthers the 

7 intended fraud and obtains anything of value, unless the 

8 object of the fraud and the thing obtained consists only of 

9 the use of the computer and the value of such use is not 

10 more than $5,000 in any 1-year period; 

11 ‘‘(5)(A) knowingly causes the transmission of a program, 

12 information, code, or command, and as a result of such 

13 conduct, intentionally causes damage without authorization, 

14 to a protected computer; 

15 ‘‘(B) intentionally accesses a protected computer without 

16 authorization, and as a result of such conduct, recklessly 

17 causes damage; or 

18 ‘‘(C) intentionally accesses a protected computer without 

19 authorization, and as a result of such conduct, causes dam20 age and loss; 

21 ‘‘(6) knowingly and with intent to defraud traffics (as 

22 defined in section 1029) in any password or similar infor23 mation through which a computer may be accessed without 

24 authorization, if— 

25 ‘‘(A) such trafficking affects interstate or foreign 

26 commerce; or 

27 ‘‘(B) such computer is used by or for the Govern28 ment of the United States; or 

29 ‘‘(7) with intent to extort from any person any money or 

30 other thing of value, transmits in interstate or foreign com31 merce any communication containing any— 

32 ‘‘(A) threat to cause damage to a protected com33 puter; 

34 ‘‘(B) threat to obtain information from a protected 

35 computer without authorization or in excess of author36 ization or to impair the confidentiality of information 


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1 obtained from a protected computer without authoriza2 tion or by exceeding authorized access; or 

3 ‘‘(C) demand or request for money or other thing of 

4 value in relation to damage to a protected computer, 

5 where such damage was caused to facilitate the extor6 tion; 

7 shall be punished as provided in subsection (c) of this section. 

8 ‘‘(b) PUNISHMENT.—The punishment for an offense under 

9 subsection (a) or (b) of this section is— 

10 ‘‘(1)(A) a fine under this title or imprisonment for not 

11 more than ten years, or both, in the case of an offense 

12 under subsection (a)(1) of this section which does not occur 

13 after a conviction for another offense under this section, or 

14 an attempt to commit an offense punishable under this 

15 subparagraph; and 

16 ‘‘(B) a fine under this title or imprisonment for not more 

17 than twenty years, or both, in the case of an offense under 

18 subsection (a)(1) of this section which occurs after a con19 viction for another offense under this section, or an at20 tempt to commit an offense punishable under this subpara21 graph; 

22 ‘‘(2)(A) except as provided in subparagraph (B), a fine 

23 under this title or imprisonment for not more than one 

24 year, or both, in the case of an offense under subsection 

25 (a)(2), (a)(3), (a)(5)(A)(iii), or (a)(6) of this section which 

26 does not occur after a conviction for another offense under 

27 this section, or an attempt to commit an offense punishable 

28 under this subparagraph; 

29 ‘‘(B) a fine under this title or imprisonment for not more 

30 than 5 years, or both, in the case of an offense under sub31 section (a)(2) or an attempt to commit an offense punish32 able under this subparagraph, if— 

33 ‘‘(i) the offense was committed for purposes of com34 mercial advantage or private financial gain; 

35 ‘‘(ii) the offense was committed in furtherance of any 

36 criminal or tortious act in violation of the Constitution 

37 or laws of the United States or of any State; or 


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1 ‘‘(iii) the value of the information obtained exceeds 

2 $5,000; and 

3 ‘‘(C) a fine under this title or imprisonment for not more 

4 than ten years, or both, in the case of an offense under 

5 subsection (a)(2), (a)(3) or (a)(6) of this section which oc6 curs after a conviction for another offense under such sub7 section, or an attempt to commit an offense punishable 

8 under this subparagraph; 

9 ‘‘(3)(A) a fine under this title or imprisonment for not 

10 more than five years, or both, in the case of an offense 

11 under subsection (a)(4) or (a)(7) of this section which does 

12 not occur after a conviction for another offense under this 

13 section, or an attempt to commit an offense punishable 

14 under this subparagraph; and 

15 ‘‘(B) a fine under this title or imprisonment for not more 

16 than ten years, or both, in the case of an offense under 

17 subsection (a)(4), (a)(5)(A)(iii), or (a)(7) of this section 

18 which occurs after a conviction for another offense under 

19 this section, or an attempt to commit an offense punishable 

20 under this subparagraph; 

21 ‘‘(4)(A) except as provided in paragraph (5), a fine 

22 under this title, imprisonment for not more than 10 years, 

23 or both, in the case of an offense under subsection 

24 (a)(5)(A)(i), or an attempt to commit an offense punishable 

25 under that subsection; 

26 ‘‘(B) a fine under this title, imprisonment for not more 

27 than 5 years, or both, in the case of an offense under sub28 section (a)(5)(A)(ii), or an attempt to commit an offense 

29 punishable under that subsection; and 

30 ‘‘(C) except as provided in paragraph (5), a fine under 

31 this title, imprisonment for not more than 20 years, or 

32 both, in the case of an offense under subsection 

33 (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to commit an 

34 offense punishable under either subsection, that occurs 

35 after a conviction for another offense under this section; 

36 and 


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1 ‘‘(5)(A) if the offender knowingly or recklessly causes or 

2 attempts to cause serious bodily injury from conduct in vio3 lation of subsection (a)(5)(A)(i), a fine under this title or 

4 imprisonment for not more than 20 years, or both; and 

5 ‘‘(B) if the offender knowingly or recklessly causes or at6 tempts to cause death from conduct in violation of sub7 section (a)(5)(A)(i), a fine under this title or imprisonment 

8 for any term of years or for life, or both. 

9 ‘‘(c) INVESTIGATIVE AUTHORITY.— 

10 ‘‘(1) UNITED STATES SECRET SERVICE.—The United 

11 States Secret Service shall, in addition to any other agency 

12 having such authority, have the authority to investigate of13 fenses under this section. 

14 ‘‘(2) FEDERAL BUREAU OF INVESTIGATION.—The Fed15 eral Bureau of Investigation shall have primary authority 

16 to investigate offenses under subsection (a)(1) for any 

17 cases involving espionage, foreign counterintelligence, infor18 mation protected against unauthorized disclosure for rea19 sons of national defense or foreign relations, or Restricted 

20 Data (as that term is defined in section 11y of the Atomic 

21 Energy Act of 1954 (42 U.S.C. 2014(y)), except for of22 fenses affecting the duties of the United States Secret 

23 Service pursuant to section 3056(a) of this title. 

24 ‘‘(3) AGREEMENT.—Such authority shall be exercised in 

25 accordance with an agreement which shall be entered into 

26 by the Secretary of the Treasury and the Attorney General. 

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

28 ‘‘(1) the term ‘computer’ means an electronic, magnetic, 

29 optical, electrochemical, or other high speed data processing 

30 device performing logical, arithmetic, or storage functions, 

31 and includes any data storage facility or communications 

32 facility directly related to or operating in conjunction with 

33 such device, but such term does not include an automated 

34 typewriter or typesetter, a portable hand held calculator, or 

35 other similar device; 

36 ‘‘(2) the term ‘protected computer’ means a computer— 


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1 ‘‘(A) exclusively for the use of a financial institution 

2 or the United States Government, or, in the case of a 

3 computer not exclusively for such use, used by or for 

4 a financial institution or the United States Government 

5 and the conduct constituting the offense affects that 

6 use by or for the financial institution or the Govern7 ment; or 

8 ‘‘(B) which is used in interstate or foreign commerce 

9 or communication, including a computer located outside 

10 the United States that is used in a manner that affects 

11 interstate or foreign commerce or communication of the 

12 United States; 

13 ‘‘(3) the term ‘financial record’ means information de14 rived from any record held by a financial institution per15 taining to a customer’s relationship with the financial insti16 tution; 

17 ‘‘(4) the term ‘exceeds authorized access’ means to ac18 cess a computer with authorization and to use such access 

19 to obtain or alter information in the computer that the 

20 accesser is not entitled so to obtain or alter; 

21 ‘‘(5) the term ‘department of the United States’ means 

22 the legislative or judicial branch of the Government or one 

23 of the executive departments enumerated in section 101 of 

24 title 5; 

25 ‘‘(6) the term ‘damage’ means any impairment to the in26 tegrity or availability of data, a program, a system, or in27 formation; 

28 ‘‘(7) the term ‘government entity’ includes the Govern29 ment of the United States, any State or political subdivi30 sion of the United States, any foreign country, and any 

31 state, province, municipality, or other political subdivision 

32 of a foreign country; 

33 ‘‘(8) the term ‘conviction’ shall include a conviction 

34 under the law of any State for a crime punishable by im35 prisonment for more than 1 year, an element of which is 

36 unauthorized access, or exceeding authorized access, to a 

37 computer; and 


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1 ‘‘(9) the term ‘loss’ means any reasonable cost to any 

2 victim, including the cost of responding to an offense, con3 ducting a damage assessment, and restoring the data, pro4 gram, system, or information to its condition prior to the 

5 offense, and any revenue lost, cost incurred, or other con6 sequential damages incurred because of interruption of 

7 service. 

8 ‘‘(e) EXCLUSION.—This section does not prohibit any law9 fully authorized investigative, protective, or intelligence activity 

10 of a law enforcement agency of the United States, a State, or 

11 a political subdivision of a State, or of an intelligence agency 

12 of the United States. 

13 ‘‘(f) CIVIL ACTION.—Whoever suffers damage or loss by rea14 son of a violation of this section may maintain a civil action 

15 against the violator to obtain compensatory damages and in16 junctive relief or other equitable relief. A civil action for a viola17 tion of this section may be brought only if the conduct involves 

18 1 of the factors set forth in clause (i), (ii), (iii), (iv), or (v) of 

19 subsection (a)(5)(B). Damages for a violation involving only 

20 conduct described in subsection (a)(5)(B)(i) are limited to eco21 nomic damages. No action may be brought under this sub22 section unless such action is begun within 2 years of the date 

23 of the act complained of or the date of the discovery of the 

24 damage. No action may be brought under this subsection for 

25 the negligent design or manufacture of computer hardware, 

26 computer software, or firmware. 

27 ‘‘§ 788. Major fraud against the United States 

28 ‘‘(a) OFFENSE.—Whoever knowingly executes, or attempts to 

29 execute, any scheme or artifice with the intent— 

30 ‘‘(1) to defraud the United States; or 

31 ‘‘(2) to obtain money or property by means of false or 

32 fraudulent pretenses, representations, or promises, 

33 in any procurement of property or services as a prime con34 tractor with the United States or as a subcontractor or supplier 

35 on a contract in which there is a prime contract with the 

36 United States, if the value of the contract, subcontract, or any 

37 constituent part thereof, for such property or services is 


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1 $1,000,000 or more shall, subject to the applicability of sub2 section (c) of this section, be imprisoned not more than 10 

3 years. 

4 ‘‘(b) INCREASED FINE.—The fine imposed for an offense 

5 under this section may exceed the maximum otherwise provided 

6 by law, if such fine does not exceed $5,000,000 and— 

7 ‘‘(1) the gross loss to the Government or the gross gain 

8 to a defendant is $500,000 or greater; or 

9 ‘‘(2) the offense involves a conscious or reckless risk of 

10 serious personal injury. 

11 ‘‘(c) INCREASED FINE ON MULTIPLE COUNTS.—The max12 imum fine imposed upon a defendant for a prosecution includ13 ing a prosecution with multiple counts under this section shall 

14 not exceed $10,000,000. 

15 ‘‘(d) DISCLAIMER.—Nothing in this section shall preclude a 

16 court from imposing any other sentences available under this 

17 title, including a fine up to twice the amount of the gross loss 

18 or gross gain involved in the offense pursuant to section 

19 3571(d). 

20 ‘‘(e) LIMITATION.—A prosecution of an offense under this 

21 section may be commenced any time not later than 7 years 

22 after the offense is committed, plus any additional time other23 wise allowed by law. 

24 ‘‘(f) WHISTLEBLOWER.—Any individual who— 

25 ‘‘(1) is discharged, demoted, suspended, threatened, har26 assed, or in any other manner discriminated against in the 

27 terms and conditions of employment by an employer be28 cause of lawful acts done by the employee on behalf of the 

29 employee or others in furtherance of a prosecution under 

30 this section (including investigation for, initiation of, testi31 mony for, or assistance in such prosecution), and 

32 ‘‘(2) was not a participant in the unlawful activity that 

33 is the subject of such prosecution; 

34 may, in a civil action, obtain all relief necessary to make such 

35 individual whole. Such relief shall include reinstatement with 

36 the same seniority status such individual would have had but 

37 for the discrimination, 2 times the amount of back pay, interest 


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1 on the back pay, and compensation for any special damages 

2 sustained as a result of the discrimination, including litigation 

3 costs and reasonable attorney’s fees. 

4 ‘‘§ 789. Concealment of assets from conservator, 

5 receiver, or liquidating agent of financial 

6 institution 

7 ‘‘Whoever— 

8 ‘‘(1) knowingly conceals an asset or property from the 

9 Federal Deposit Insurance Corporation, acting as conser10 vator or receiver or in the Corporation’s corporate capacity 

11 with respect to any asset acquired or liability assumed by 

12 the Corporation under section 11, 12, or 13 of the Federal 

13 Deposit Insurance Act, the Resolution Trust Corporation, 

14 any conservator appointed by the Comptroller of the Cur15 rency or the Director of the Office of Thrift Supervision, 

16 or the National Credit Union Administration Board, acting 

17 as conservator or liquidating agent; 

18 ‘‘(2) corruptly impedes the functions of such Corpora19 tion, Board, or conservator; or 

20 ‘‘(3) corruptly places an asset or property beyond the 

21 reach of such Corporation, Board, or conservator, 

22 shall be imprisoned not more than 5 years. 

23 ‘‘§ 790. Crimes by or affecting persons engaged in 

24 the business of insurance whose activities 

25 affect interstate commerce 

26 ‘‘(a) FALSE STATEMENT OFFENSE.—(1) Whoever is engaged 

27 in the business of insurance whose activities affect interstate 

28 commerce and knowingly, with the intent to deceive, makes any 

29 false material statement or report or knowingly and materially 

30 overvalues any land, property or security— 

31 ‘‘(A) in connection with any financial reports or docu32 ments presented to any insurance regulatory official or 

33 agency or an agent or examiner appointed by such official 

34 or agency to examine the affairs of such person, and 

35 ‘‘(B) for the purpose of influencing the actions of such 

36 official or agency or such an appointed agent or examiner, 

37 shall be punished as provided in paragraph (2). 


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1 ‘‘(2) The punishment for an offense under paragraph (1) is 

2 a fine as established under this title or imprisonment for not 

3 more than 10 years, or both, except that the term of imprison4 ment shall be not more than 15 years if the statement or re5 port or overvaluing of land, property, or security jeopardized 

6 the safety and soundness of an insurer and was a significant 

7 cause of such insurer being placed in conservation, rehabilita8 tion, or liquidation by an appropriate court. 

9 ‘‘(b) EMBEZZLEMENT AND SIMILAR CONDUCT.—(1) Who10 ever— 

11 ‘‘(A) acting as, or being an officer, director, agent, or 

12 employee of, any person engaged in the business of insur13 ance whose activities affect interstate commerce, or 

14 ‘‘(B) is engaged in the business of insurance whose ac15 tivities affect interstate commerce or is involved (other than 

16 as an insured or beneficiary under a policy of insurance) 

17 in a transaction relating to the conduct of affairs of such 

18 a business, 

19 knowingly embezzles, abstracts, purloins, or misappropriates 

20 any of the moneys, funds, premiums, credits, or other property 

21 of such person so engaged shall be punished as provided in 

22 paragraph (2). 

23 ‘‘(2) The punishment for an offense under paragraph (1) is 

24 a fine as provided under this title or imprisonment for not 

25 more than 10 years, or both, except that if such embezzlement, 

26 abstraction, purloining, or misappropriation described in para27 graph (1) jeopardized the safety and soundness of an insurer 

28 and was a significant cause of such insurer being placed in con29 servation, rehabilitation, or liquidation by an appropriate court, 

30 such imprisonment shall be not more than 15 years. If the 

31 amount or value so embezzled, abstracted, purloined, or mis32 appropriated does not exceed $5,000, whoever violates para33 graph (1) shall be imprisoned not more than one year. 

34 ‘‘(c) FALSE ENTRIES.—(1) Whoever is engaged in the busi35 ness of insurance and whose activities affect interstate com36 merce or is involved (other than as an insured or beneficiary 

37 under a policy of insurance) in a transaction relating to the 


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1 conduct of affairs of such a business, knowingly makes any 

2 false entry of material fact in any book, report, or statement 

3 of such person engaged in the business of insurance with intent 

4 to deceive any person, including any officer, employee, or agent 

5 of such person engaged in the business of insurance, any insur6 ance regulatory official or agency, or any agent or examiner ap7 pointed by such official or agency to examine the affairs of 

8 such person, about the financial condition or solvency of such 

9 business shall be punished as provided in paragraph (2). 

10 ‘‘(2) The punishment for an offense under paragraph (1) is 

11 a fine as provided under this title or imprisonment for not 

12 more than 10 years, or both, except that if the false entry in 

13 any book, report, or statement of such person jeopardized the 

14 safety and soundness of an insurer and was a significant cause 

15 of such insurer being placed in conservation, rehabilitation, or 

16 liquidation by an appropriate court, such imprisonment shall be 

17 not more than 15 years. 

18 ‘‘(d) OBSTRUCTION.—Whoever, by threats or force or by any 

19 threatening letter or communication, corruptly influences, ob20 structs, or impedes or endeavors corruptly to influence, ob21 struct, or impede the due and proper administration of the law 

22 under which any proceeding involving the business of insurance 

23 whose activities affect interstate commerce is pending before 

24 any insurance regulatory official or agency or any agent or ex25 aminer appointed by such official or agency to examine the af26 fairs of a person engaged in the business of insurance whose 

27 activities affect interstate commerce, shall be imprisoned not 

28 more than 10 years. 

29 ‘‘(e) DISQUALIFICATION FOR INSURANCE BUSINESS.—(1)(A) 

30 Any individual who has been convicted of any criminal felony 

31 involving dishonesty or a breach of trust, or who has been con32 victed of an offense under this section, and who knowingly en33 gages in the business of insurance whose activities affect inter34 state commerce or participates in such business, shall be im35 prisoned not more than 5 years. 

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1 ingly permits the participation described in subparagraph (A) 

2 shall be imprisoned not more than 5 years. 

3 ‘‘(2) A person described in paragraph (1)(A) may engage in 

4 the business of insurance or participate in such business if such 

5 person has the written consent of any insurance regulatory offi6 cial authorized to regulate the insurer, which consent specifi7 cally refers to this subsection. 

8 ‘‘(f) DEFINITIONS.—As used in this section— 

9 ‘‘(1) the term ‘business of insurance’ means— 

10 ‘‘(A) the writing of insurance, or 

11 ‘‘(B) the reinsuring of risks, 

12 by an insurer, including all acts necessary or incidental to 

13 such writing or reinsuring and the activities of persons who 

14 act as, or are, officers, directors, agents, or employees of 

15 insurers or who are other persons authorized to act on be16 half of such persons; and 

17 ‘‘(2) the term ‘insurer’ means any entity the business ac18 tivity of which is the writing of insurance or the reinsuring 

19 of risks, and includes any person who acts as, or is, an offi20 cer, director, agent, or employee of that business. 

21 ‘‘§ 791. Civil penalties and injunctions for viola22 tions of section 790 

23 ‘‘(a) CIVIL PENALTY.—The Attorney General may bring a 

24 civil action in the appropriate United States district court 

25 against any person who engages in conduct constituting an of26 fense under section 790 and, upon proof of such conduct by a 

27 preponderance of the evidence, such person shall be subject to 

28 a civil penalty of not more than $50,000 for each violation or 

29 the amount of compensation which the person received or of30 fered for the prohibited conduct, whichever amount is greater. 

31 If the offense has contributed to the decision of a court of ap32 propriate jurisdiction to issue an order directing the conserva33 tion, rehabilitation, or liquidation of an insurer, such penalty 

34 shall be remitted to the appropriate regulatory official for the 

35 benefit of the policyholders, claimants, and creditors of such in36 surer. The imposition of a civil penalty under this subsection 

37 does not preclude any other criminal or civil statutory, common 


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1 law, or administrative remedy, which is available by law to the 

2 United States or any other person. 

3 ‘‘(b) ORDER PROHIBITING.—If the Attorney General has 

4 reason to believe that a person is engaged in conduct consti5 tuting an offense under section 790, the Attorney General may 

6 petition an appropriate United States district court for an 

7 order prohibiting that person from engaging in such conduct. 

8 The court may issue an order prohibiting that person from en9 gaging in such conduct if the court finds that the conduct con10 stitutes such an offense. The filing of a petition under this sec11 tion does not preclude any other remedy which is available by 

12 law to the United States or any other person. 

13 ‘‘§ 792. False statements relating to health care 

14 matters 

15 ‘‘Whoever, in any matter involving a health care benefit pro16 gram, knowingly— 

17 ‘‘(1) falsifies, conceals, or covers up by any trick, 

18 scheme, or device a material fact; or 

19 ‘‘(2) makes any materially false, fictitious, or fraudulent 

20 statements or representations, or makes or uses any mate21 rially false writing or document knowing the same to con22 tain any materially false, fictitious, or fraudulent statement 

23 or entry, in connection with the delivery of or payment for 

24 health care benefits, items, or services, shall be imprisoned 

25 not more than 5 years. 

26 ‘‘§ 793. Entry by false pretenses to any real prop27 erty, vessel, or aircraft of the United 

28 States or secure area of any airport or 

29 seaport 

30 ‘‘(a) OFFENSE.—Whoever, by any fraud or false pretense, 

31 enters— 

32 ‘‘(1) any real property belonging in whole or in part to, 

33 or leased by, the United States; 

34 ‘‘(2) any vessel or aircraft belonging in whole or in part 

35 to, or leased by, the United States; 

36 ‘‘(3) any secure or restricted area of any seaport, des37 ignated as secure in an approved security plan, as required 


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1 under section 70103 of title 46 and the rules and regula2 tions promulgated under that section; or 

3 ‘‘(4) any secure area of any airport, shall be punished as 

4 provided in subsection (b). 

5 ‘‘(b) The punishment for an offense under subsection (a) 

6 is— 

7 ‘‘(1) imprisonment for not more than 10 years, if the of8 fense is committed with the intent to commit a felony; or 

9 ‘‘(2) imprisonment for not more than 6 months, in any 

10 other case. 

11 ‘‘(c) As used in this section— 

12 ‘‘(1) the term ‘secure area’ means an area access to 

13 which is restricted by the airport authority, captain of the 

14 seaport, or a public agency; and 

15 ‘‘(2) the term ‘airport’ has the meaning given such term 

16 in section 47102 of title 49. 

17 ‘‘§ 794. Fraud and related activity in connection 

18 with electronic mail 

19 ‘‘(a) IN GENERAL.—Whoever, in or affecting interstate or 

20 foreign commerce, knowingly— 

21 ‘‘(1) accesses a protected computer without authoriza22 tion, and intentionally initiates the transmission of multiple 

23 commercial electronic mail messages from or through such 

24 computer, 

25 ‘‘(2) uses a protected computer to relay or retransmit 

26 multiple commercial electronic mail messages, with the in27 tent to deceive or mislead recipients, or any Internet access 

28 service, as to the origin of such messages, 

29 ‘‘(3) materially falsifies header information in multiple 

30 commercial electronic mail messages and intentionally initi31 ates the transmission of such messages, 

32 ‘‘(4) registers, using information that materially falsifies 

33 the identity of the actual registrant, for five or more elec34 tronic mail accounts or online user accounts or two or more 

35 domain names, and intentionally initiates the transmission 

36 of multiple commercial electronic mail messages from any 

37 combination of such accounts or domain names, or 


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1 ‘‘(5) falsely represents oneself to be the registrant or the 

2 legitimate successor in interest to the registrant of 5 or 

3 more Internet Protocol addresses, and intentionally initi4 ates the transmission of multiple commercial electronic mail 

5 messages from such addresses shall be punished as pro6 vided in subsection (b). 

7 ‘‘(b) PENALTIES.—The punishment for an offense under 

8 subsection (a) is— 

9 ‘‘(1) a fine under this title, imprisonment for not more 

10 than 5 years, or both, if— 

11 ‘‘(A) the offense is committed in furtherance of any 

12 felony under the laws of the United States or of any 

13 State; or 

14 ‘‘(B) the defendant has previously been convicted 

15 under this section or section 1030, or under the law of 

16 any State for conduct involving the transmission of 

17 multiple commercial electronic mail messages or unau18 thorized access to a computer system; 

19 ‘‘(2) a fine under this title, imprisonment for not more 

20 than 3 years, or both, if— 

21 ‘‘(A) the offense is an offense under subsection 

22 (a)(1); 

23 ‘‘(B) the offense is an offense under subsection 

24 (a)(4) and involved 20 or more falsified electronic mail 

25 or online user account registrations, or 10 or more fal26 sified domain name registrations; 

27 ‘‘(C) the volume of electronic mail messages trans28 mitted in furtherance of the offense exceeded 2,500 

29 during any 24-hour period, 25,000 during any 30-day 

30 period, or 250,000 during any 1-year period; 

31 ‘‘(D) the offense caused loss to one or more persons 

32 aggregating $5,000 or more in value during any 1-year 

33 period; 

34 ‘‘(E) as a result of the offense any individual com35 mitting the offense obtained anything of value aggre36 gating $5,000 or more during any 1-year period; or 


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1 ‘‘(F) the offense was undertaken by the defendant in 

2 concert with three or more other persons with respect 

3 to whom the defendant occupied a position of organizer 

4 or leader; and 

5 ‘‘(3) a fine under this title or imprisonment for not more 

6 than 1 year, or both, in any other case. 

7 ‘‘(c) DEFINITIONS.—For the purposes of this section— 

8 ‘‘(1) the term ‘loss’ has the meaning given that term in 

9 section 787; 

10 ‘‘(2) for purposes of paragraphs (3) and (4) of sub11 section (a), header information or registration information 

12 is materially falsified if it is altered or concealed in a man13 ner that would impair the ability of a recipient of the mes14 sage, an Internet access service processing the message on 

15 behalf of a recipient, a person alleging a violation of this 

16 section, or a law enforcement agency to identify, locate, or 

17 respond to a person who initiated the electronic mail mes18 sage or to investigate the alleged violation; 

19 ‘‘(3) the term ‘multiple’ means more than 100 electronic 

20 mail messages during a 24-hour period, more than 1,000 

21 electronic mail messages during a 30-day period, or more 

22 than 10,000 electronic mail messages during a 1-year pe23 riod; and 

24 ‘‘(4) any other term has the meaning given that term by 

25 section 3 of the CAN–SPAM Act of 2003. 

26 ‘‘§ 795. False information and hoaxes 

27 ‘‘(a) CRIMINAL VIOLATION.— 

28 ‘‘(1) IN GENERAL.—Whoever engages in any conduct 

29 with intent to convey false or misleading information under 

30 circumstances where such information may reasonably be 

31 believed and where such information indicates that an ac32 tivity has taken, is taking, or will take place that would 

33 constitute a violation of subchapter A of chapter 33 and 

34 subchapters B, D, E, and F of chapter 21, section 236 of 

35 the Atomic Energy Act of 1954 (42 U.S.C. 2284), or sec36 tion 46502, the second sentence of section 46504, section 

37 46505(b)(3) or (c), section 46506 if homicide or attempted 


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1 homicide is involved, or section 60123(b) of title 49, 

2 shall— 

3 ‘‘(A) be imprisoned not more than 5 years; 

4 ‘‘(B) if serious bodily injury results, be imprisoned 

5 not more than 20 years; and 

6 ‘‘(C) if death results, be imprisoned for any number 

7 of years up to life. 

8 ‘‘(2) ARMED FORCES.—Whoever makes a false state9 ment, with intent to convey false or misleading information, 

10 about the death, injury, capture, or disappearance of a 

11 member of the Armed Forces of the United States during 

12 a war or armed conflict in which the United States is en13 gaged— 

14 ‘‘(A) shall be imprisoned not more than 5 years; 

15 ‘‘(B) if serious bodily injury results, shall be impris16 oned not more than 20 years; and 

17 ‘‘(C) if death results, shall be imprisoned for any 

18 number of years or for life. 

19 ‘‘(b) CIVIL ACTION.—Whoever engages in any conduct with 

20 intent to convey false or misleading information under cir21 cumstances where such information may reasonably be believed 

22 and where such information indicates that an activity has 

23 taken, is taking, or will take place that would constitute a vio24 lation of subchapter A of chapter 33 and subchapters B, D, E, 

25 and F of chapter 21, section 236 of the Atomic Energy Act of 

26 1954 (42 U.S.C. 2284), or section 46502, the second sentence 

27 of section 46504, section 46505 (b)(3) or (c), section 46506 if 

28 homicide or attempted homicide is involved, or section 

29 60123(b) of title 49 is liable in a civil action to any party in30 curring expenses incident to any emergency or investigative re31 sponse to that conduct, for those expenses. 

32 ‘‘(c) REIMBURSEMENT.— 

33 ‘‘(1) IN GENERAL.—The court, in imposing a sentence 

34 on a defendant who has been convicted of an offense under 

35 subsection (a), shall order the defendant to reimburse any 

36 state or local government, or private not-for-profit organi37 zation that provides fire or rescue service incurring exVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00372 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 penses incident to any emergency or investigative response 

2 to that conduct, for those expenses. 

3 ‘‘(2) LIABILITY.—A person ordered to make reimburse4 ment under this subsection shall be jointly and severally 

5 liable for such expenses with each other person, if any, who 

6 is ordered to make reimbursement under this subsection for 

7 the same expenses. 

8 ‘‘(3) CIVIL JUDGMENT.—An order of reimbursement 

9 under this subsection shall, for the purposes of enforce10 ment, be treated as a civil judgment. 

11 ‘‘(d) ACTIVITIES OF LAW ENFORCEMENT.—This section does 

12 not prohibit any lawfully authorized investigative, protective, or 

13 intelligence activity of a law enforcement agency of the United 

14 States, a State, or political subdivision of a State, or of an in15 telligence agency of the United States. 

16 ‘‘§ 796. Fraud and related activity in connection 

17 with obtaining confidential phone records 

18 information of a covered entity 

19 ‘‘(a) CRIMINAL VIOLATION.—Whoever, in interstate or for20 eign commerce, knowingly and intentionally obtains, or at21 tempts to obtain, confidential phone records information of a 

22 covered entity, by— 

23 ‘‘(1) making false or fraudulent statements or represen24 tations to an employee of a covered entity; 

25 ‘‘(2) making such false or fraudulent statements or rep26 resentations to a customer of a covered entity; 

27 ‘‘(3) providing a document to a covered entity knowing 

28 that such document is false or fraudulent; or 

29 ‘‘(4) accessing customer accounts of a covered entity via 

30 the Internet, or by means of conduct that violates section 

31 1030 of this title, without prior authorization from the cus32 tomer to whom such confidential phone records information 

33 relates; 

34 shall be imprisoned for not more than 10 years. 

35 ‘‘(b) PROHIBITION ON SALE OR TRANSFER OF CONFIDEN36 TIAL PHONE RECORDS INFORMATION.— 


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1 ‘‘(1) Except as otherwise permitted by applicable law, 

2 whoever, in interstate or foreign commerce, knowingly and 

3 intentionally sells or transfers, or attempts to sell or trans4 fer, confidential phone records information of a covered en5 tity, without prior authorization from the customer to 

6 whom such confidential phone records information relates, 

7 or knowing or having reason to know such information was 

8 obtained fraudulently, shall be imprisoned not more than 

9 10 years. 

10 ‘‘(2) For purposes of this subsection, the exceptions 

11 specified in section 222(d) of the Communications Act of 

12 1934 shall apply for the use of confidential phone records 

13 information by any covered entity, as defined in subsection 

14 (h). 

15 ‘‘(c) PROHIBITION ON PURCHASE OR RECEIPT OF CON16 FIDENTIAL PHONE RECORDS INFORMATION.— 

17 ‘‘(1) Except as otherwise permitted by applicable law, 

18 whoever, in interstate or foreign commerce, knowingly and 

19 intentionally purchases or receives, or attempts to purchase 

20 or receive, confidential phone records information of a cov21 ered entity, without prior authorization from the customer 

22 to whom such confidential phone records information re23 lates, or knowing or having reason to know such informa24 tion was obtained fraudulently, shall be imprisoned not 

25 more than 10 years. 

26 ‘‘(2) For purposes of this subsection, the exceptions 

27 specified in section 222(d) of the Communications Act of 

28 1934 shall apply for the use of confidential phone records 

29 information by any covered entity, as defined in subsection 

30 (h). 

31 ‘‘(d) ENHANCED PENALTIES FOR AGGRAVATED CASES.— 

32 Whoever violates, or attempts to violate, subsection (a), (b), or 

33 (c) while violating another law of the United States or as part 

34 of a pattern of any illegal activity involving more than 

35 $100,000, or more than 50 customers of a covered entity, in 

36 a 12-month period shall, in addition to the penalties provided 


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1 for in such subsection, be imprisoned for not more than 5 

2 years. 

3 ‘‘(e) ENHANCED PENALTIES FOR USE OF INFORMATION IN

4 FURTHERANCE OF CERTAIN CRIMINAL OFFENSES.— 

5 ‘‘(1) Whoever, violates, or attempts to violate, subsection 

6 (a), (b), or (c) knowing that such information may be used 

7 in furtherance of, or with the intent to commit, an offense 

8 described in section 2261, 2261A, 2262, or any other crime 

9 of violence shall, in addition to the penalties provided for 

10 in such subsection, be imprisoned not more than 5 years. 

11 ‘‘(2) Whoever, violates, or attempts to violate, subsection 

12 (a), (b), or (c) knowing that such information may be used 

13 in furtherance of, or with the intent to commit, an offense 

14 under section 111, 115, 1114, 1503, 1512, 1513, or to in15 timidate, threaten, harass, injure, or kill any Federal, 

16 State, or local law enforcement officer shall, in addition to 

17 the penalties provided for in such subsection, be and im18 prisoned not more than 5 years. 

19 ‘‘(f) EXTRATERRITORIAL JURISDICTION.—There is 

20 extraterritorial jurisdiction over an offense under this section. 

21 ‘‘(g) NONAPPLICABILITY TO LAW ENFORCEMENT AGEN22 CIES.—This section does not prohibit any lawfully authorized 

23 investigative, protective, or intelligence activity of a law en24 forcement agency of the United States, a State, or political 

25 subdivision of a State, or of an intelligence agency of the 

26 United States. 

27 ‘‘(h) DEFINITIONS.—In this section: 

28 ‘‘(1) CONFIDENTIAL PHONE RECORDS INFORMATION.— 

29 The term ‘confidential phone records information’ means 

30 information that— 

31 ‘‘(A) relates to the quantity, technical configuration, 

32 type, destination, location, or amount of use of a serv33 ice offered by a covered entity, subscribed to by any 

34 customer of that covered entity, and kept by or on be35 half of that covered entity solely by virtue of the rela36 tionship between that covered entity and the customer; 


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1 ‘‘(B) is made available to a covered entity by a cus2 tomer solely by virtue of the relationship between that 

3 covered entity and the customer; or 

4 ‘‘(C) is contained in any bill, itemization, or account 

5 statement provided to a customer by or on behalf of a 

6 covered entity solely by virtue of the relationship be7 tween that covered entity and the customer. 

8 ‘‘(2) COVERED ENTITY.—The term ‘covered entity’— 

9 ‘‘(A) has the same meaning given the term ‘tele10 communications carrier’ in section 3 of the Commu11 nications Act of 1934 (47 U.S.C. 153); and 

12 ‘‘(B) includes any provider of IP-enabled voice serv13 ice. 

14 ‘‘(3) CUSTOMER.—The term ‘customer’ means, with re15 spect to a covered entity, any individual, partnership, asso16 ciation, joint stock company, trust, or corporation, or au17 thorized representative of such customer, to whom the cov18 ered entity provides a product or service. 

19 ‘‘(4) IP-ENABLED VOICE SERVICE.—The term ‘IP-en20 abled voice service’ means the provision of real-time voice 

21 communications offered to the public, or such class of users 

22 as to be effectively available to the public, transmitted 

23 through customer premises equipment using TCP/IP pro24 tocol, or a successor protocol, (whether part of a bundle of 

25 services or separately) with interconnection capability such 

26 that the service can originate traffic to, or terminate traffic 

27 from, the public switched telephone network, or a successor 

28 network. 

29 ‘‘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. 


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1 ‘‘§ 801. Frauds and swindles 

2 ‘‘Whoever, having devised or intending to devise any scheme 

3 or artifice to defraud, or for obtaining money or property by 

4 means of false or fraudulent pretenses, representations, or 

5 promises, or to sell, dispose of, loan, exchange, alter, give away, 

6 distribute, supply, or furnish or procure for unlawful use any 

7 counterfeit or spurious coin, obligation, security, or other arti8 cle, or anything represented to be or intimated or held out to 

9 be such counterfeit or spurious article, for the purpose of exe10 cuting such scheme or artifice or attempting so to do, places 

11 in any post office or authorized depository for mail matter, any 

12 matter or thing whatever to be sent or delivered by the Postal 

13 Service, or deposits or causes to be deposited any matter or 

14 thing whatever to be sent or delivered by any private or com15 mercial interstate carrier, or takes or receives therefrom, any 

16 such matter or thing, or knowingly causes to be delivered by 

17 mail or such carrier according to the direction thereon, or at 

18 the place at which it is directed to be delivered by the person 

19 to whom it is addressed, any such matter or thing, shall be im20 prisoned not more than 20 years. If the violation affects a fi21 nancial institution, such person shall be imprisoned not more 

22 than 30 years. 

23 ‘‘§ 802. Fictitious name or address 

24 ‘‘Whoever, for the purpose of conducting, promoting, or car25 rying on by means of the Postal Service, any scheme or device 

26 mentioned in section 801 or any other unlawful business, uses 

27 or assumes, or requests to be addressed by, any fictitious, false, 

28 or assumed title, name, or address or name other than his own 

29 proper name, or takes or receives from any post office or au30 thorized depository of mail matter, any letter, postal card, 

31 package, or other mail matter addressed to any such fictitious, 

32 false, or assumed title, name, or address, or name other than 

33 his or her own proper name, shall be imprisoned not more than 

34 five years. 

35 ‘‘§ 803. Fraud by wire, radio, or television 

36 ‘‘Whoever, having devised or intending to devise any scheme 

37 or artifice to defraud, or for obtaining money or property by 


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1 means of false or fraudulent pretenses, representations, or 

2 promises, transmits or causes to be transmitted by means of 

3 wire, radio, or television communication in interstate or foreign 

4 commerce, any writings, signs, signals, pictures, or sounds for 

5 the purpose of executing such scheme or artifice, shall be im6 prisoned not more than 20 years. If the violation affects a fi7 nancial institution, such person shall be imprisoned not more 

8 than 30 years. 

9 ‘‘§ 804. Bank fraud 

10 ‘‘Whoever knowingly executes, a scheme or artifice— 

11 ‘‘(1) to defraud a financial institution; or 

12 ‘‘(2) to obtain any of the moneys, funds, credits, assets, 

13 securities, or other property owned by, or under the cus14 tody or control of, a financial institution, by means of false 

15 or fraudulent pretenses, representations, or promises; 

16 shall be imprisoned not more than 30 years. 

17 ‘‘§ 805. Definition of ‘scheme or artifice to defraud’ 

18 ‘‘For the purposes of this subchapter, the term ‘scheme or 

19 artifice to defraud’ includes a scheme or artifice to deprive an20 other of the intangible right of honest services. 

21 ‘‘§ 806. Health care fraud 

22 ‘‘Whoever knowingly executes a scheme or artifice— 

23 ‘‘(1) to defraud any health care benefit program; or 

24 ‘‘(2) to obtain, by means of false or fraudulent pretenses, 

25 representations, or promises, any of the money or property 

26 owned by, or under the custody or control of, any health 

27 care benefit program; 

28 in connection with the delivery of or payment for health care 

29 benefits, items, or services, shall be imprisoned not more than 

30 10 years. If the violation results in serious bodily injury (as de31 fined in section 1204 of this title), such person shall be impris32 oned not more than 20 years; and if the violation results in 

33 death, such person shall be imprisoned for any term of years 

34 or for life. 

35 ‘‘§ 807. Securities fraud 

36 ‘‘Whoever knowingly executes a scheme or artifice— 


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1 ‘‘(1) to defraud any person in connection with any secu2 rity of an issuer with a class of securities registered under 

3 section 12 of the Securities Exchange Act of 1934 or that 

4 is required to file reports under section 15(d) of the Securi5 ties Exchange Act of 1934; or 

6 ‘‘(2) to obtain, by means of false or fraudulent pretenses, 

7 representations, or promises, any money or property in con8 nection with the purchase or sale of any security of an 

9 issuer with a class of securities registered under section 12 

10 of the Securities Exchange Act of 1934 or that is required 

11 to file reports under section 15(d) of the Securities Ex12 change Act of 1934; 

13 shall be imprisoned not more than 25 years. 

14 ‘‘§ 808. Failure of corporate officers to certify fi15 nancial reports 

16 ‘‘(a) CERTIFICATION OF PERIODIC FINANCIAL REPORTS.— 

17 Each periodic report containing financial statements filed by an 

18 issuer with the Securities Exchange Commission pursuant to 

19 section 13(a) or 15(d) of the Securities Exchange Act of 1934 

20 shall be accompanied by a written statement by the chief execu21 tive officer and chief financial officer (or equivalent thereof) of 

22 the issuer. 

23 ‘‘(b) CONTENT.—The statement required under subsection 

24 (a) shall certify that the periodic report containing the financial 

25 statements fully complies with the requirements of section 

26 13(a) or 15(d) of the Securities Exchange Act of 1934 and 

27 that information contained in the periodic report fairly pre28 sents, in all material respects, the financial condition and re29 sults of operations of the issuer. 

30 ‘‘(c) CRIMINAL PENALTIES.—Whoever knowingly— 

31 ‘‘(1) certifies any statement as set forth in subsections 

32 (a) and (b) knowing that the periodic report accompanying 

33 the statement does not comport with all the requirements 

34 set forth in this section shall be imprisoned not more than 

35 10 years; or 

36 ‘‘(2) certifies any statement as set forth in subsections 

37 (a) and (b) knowing that the periodic report accompanying 


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1 the statement does not comport with all the requirements 

2 set forth in this section 

3 shall be imprisoned not more than 20 years. 

4 ‘‘CHAPTER 27—CRIMES RELATED TO FEDERAL 

5 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 

6 ‘‘SUBTITLE A—COINS AND CURRENCY 

‘‘Sec. 

‘‘851. Mutilation, diminution, and falsification of coins. 

‘‘852. Mutilation of national bank obligations. 

7 ‘‘§ 851. Mutilation, diminution, and falsification of 

8 coins 

9 ‘‘Whoever— 

10 ‘‘(1) fraudulently alters, defaces, mutilates, impairs, di11 minishes, falsifies, scales, or lightens any of the coins 

12 coined at the mints of the United States, or any foreign 

13 coins which are by law made current or are in actual use 

14 or circulation as money within the United States; or 

15 ‘‘(2) fraudulently possesses, passes, utters, publishes, or 

16 sells, or attempts to pass, utter, publish, or sell, or brings 

17 into the United States, any such coin, knowing the same 

18 to be altered, defaced, mutilated, impaired, diminished, fal19 sified, scaled, or lightened; 

20 shall be imprisoned not more than five years. 

21 ‘‘§ 852. Mutilation of national bank obligations 

22 ‘‘Whoever mutilates, cuts, defaces, disfigures, or perforates, 

23 or unites or cements together, or does any other thing to any 

24 bank bill, draft, note, or other evidence of debt issued by any 

25 national banking association, or Federal Reserve bank, or the 

26 Federal Reserve System, with intent to render such bank bill, 


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1 draft, note, or other evidence of debt unfit to be reissued, shall 

2 be imprisoned not more than six months. 

3 ‘‘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. 

4 ‘‘§ 861. Entry of goods falsely classified 

5 ‘‘Whoever knowingly effects any entry of goods, wares, or 

6 merchandise, at less than the true weight or measure thereof, 

7 or upon a false classification as to quality or value, or by the 

8 payment of less than the amount of duty legally due, shall be 

9 imprisoned not more than two years. 

10 ‘‘§ 862. Entry of goods by means of false state11 ments 

12 ‘‘(a) OFFENSE.—Whoever— 

13 ‘‘(1) enters or introduces, or attempts to enter or intro14 duce, into the commerce of the United States any imported 

15 merchandise by means of any fraudulent or false invoice, 

16 declaration, affidavit, letter, paper, or by means of any 

17 false statement, written or verbal, or by means of any false 

18 or fraudulent practice or appliance, or makes any false 

19 statement in any declaration without reasonable cause to 

20 believe the truth of such statement, or procures the making 

21 of any such false statement as to any matter material 

22 thereto without reasonable cause to believe the truth of 

23 such statement, whether or not the United States shall or 

24 may be deprived of any lawful duties; or 

25 ‘‘(2) knowingly engages in an act or omission whereby 

26 the United States is or may be deprived of any lawful du27 ties accruing upon merchandise embraced or referred to in 

28 such invoice, declaration, affidavit, letter, paper, or state29 ment, or affected by such act or omission; 

30 shall be imprisoned not more than two years. 


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1 ‘‘(b) DEFINITION.—As used in this section, the term ‘com2 merce of the United States’ does not include commerce with 

3 Virgin Islands, American Samoa, Wake Island, Midway Islands, 

4 Kingman Reef, Johnston Island, or Guam. 

5 ‘‘§ 863. Smuggling goods into the United States 

6 ‘‘(a) OFFENSE.—Whoever— 

7 ‘‘(1) knowingly and with intent to defraud the United 

8 States, smuggles, or clandestinely introduces or attempts to 

9 smuggle or clandestinely introduce into the United States 

10 any merchandise which should have been invoiced, or 

11 makes out or passes, or attempts to pass, through the cus12 tomhouse any false, forged, or fraudulent invoice, or other 

13 document or paper; or 

14 ‘‘(2) fraudulently or knowingly imports or brings into the 

15 United States, any merchandise contrary to law, or re16 ceives, conceals, buys, sells, or in any manner facilitates the 

17 transportation, concealment, or sale of such merchandise 

18 after importation, knowing the same to have been imported 

19 or brought into the United States contrary to law; 

20 shall be imprisoned not more than 20 years. 

21 ‘‘(b) DEFINITION.—The term ‘United States’, as used in this 

22 section, does not include Virgin Islands, American Samoa, 

23 Wake Island, Midway Islands, Kingman Reef, Johnston Island, 

24 or Guam. 

25 ‘‘§ 864. Smuggling goods into foreign countries 

26 ‘‘(a) OFFENSE.—Whoever, owning in whole or in part any 

27 vessel of the United States, employs, or participates in, or al28 lows the employment of, such vessel for the purpose of smug29 gling, or attempting to smuggle, or assisting in smuggling, any 

30 merchandise into the territory of any foreign government in 

31 violation of the laws there in force, if under the laws of such 

32 foreign government any penalty or forfeiture is provided for 

33 violation of the laws of the United States respecting the cus34 toms revenue, and any citizen of, or person domiciled in, or any 

35 corporation incorporated in, the United States, controlling or 

36 substantially participating in the control of any such vessel, di37 rectly or indirectly, whether through ownership of corporate 


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1 shares or otherwise, and allowing the employment of said vessel 

2 for any such purpose, and any person found, or discovered to 

3 have been, on board of any such vessel so employed and partici4 pating or assisting in any such purpose, shall be imprisoned not 

5 more than two years. 

6 ‘‘(b) HIRING OR CHARTERING OF VESSELS.—It shall con7 stitute an offense under this section to hire out or charter a 

8 vessel if the lessor or charterer has knowledge or reasonable 

9 grounds for belief that the lessee or person chartering the ves10 sel intends to employ such vessel for any of the purposes de11 scribed in this section and if such vessel is, during the time 

12 such lease or charter is in effect, employed for any such pur13 pose. 

14 ‘‘§ 865. Removing goods from customs custody; 

15 breaking seals 

16 ‘‘Whoever knowingly— 

17 ‘‘(1) without authority, affixes or attaches a customs 

18 seal, fastening, or mark, or any seal, fastening, or mark 

19 purporting to be a customs seal, fastening, or mark to any 

20 vessel, vehicle, warehouse, or package; 

21 ‘‘(2) without authority, removes, breaks, injures, or de22 faces any customs seal or other fastening or mark placed 

23 upon any vessel, vehicle, warehouse, or package containing 

24 merchandise or baggage in bond or in customs custody; 

25 ‘‘(3) enters any bonded warehouse or any vessel or vehi26 cle laden with or containing bonded merchandise with in27 tent unlawfully to remove therefrom any merchandise or 

28 baggage therein, or unlawfully removes any merchandise or 

29 baggage in such vessel, vehicle, or bonded warehouse or 

30 otherwise in customs custody or control; or 

31 ‘‘(4) receives or transports any merchandise or baggage 

32 unlawfully removed from any such vessel, vehicle, or ware33 house, knowing the same to have been unlawfully removed; 

34 shall be imprisoned not more than 10 years. 


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1 ‘‘§ 866. Importation or exportation of stolen motor 

2 vehicles, off-highway mobile equipment, 

3 vessels, or aircraft 

4 ‘‘(a) OFFENSE.—Whoever knowingly imports, exports, or at5 tempts to import or export— 

6 ‘‘(1) any motor vehicle, off-highway mobile equipment, 

7 vessel, aircraft, or part of any motor vehicle, off-highway 

8 mobile equipment, vessel, or aircraft, knowing the same to 

9 have been stolen; or 

10 ‘‘(2) any motor vehicle or off-highway mobile equipment 

11 or part of any motor vehicle or off-highway mobile equip12 ment, knowing that the identification number of such 

13 motor vehicle, equipment, or part has been removed, oblit14 erated, tampered with, or altered; 

15 shall be imprisoned not more than 10 years. 

16 ‘‘(b) EXCLUSION.—Subsection (a)(2) does not apply if the 

17 removal, obliteration, tampering, or alteration— 

18 ‘‘(1) is caused by collision or fire; or 

19 ‘‘(2)(A) in the case of a motor vehicle, is not a violation 

20 of section 718 of this title (relating to altering or removing 

21 motor vehicle identification numbers); or 

22 ‘‘(B) in the case of off-highway mobile equipment, would 

23 not be a violation of section 718 of this title if such equip24 ment were a motor vehicle. 

25 ‘‘(c) DEFINITIONS.—As used in this section— 

26 ‘‘(1) the term ‘motor vehicle’ has the meaning given that 

27 term in section 32101 of title 49; 

28 ‘‘(2) the term ‘off-highway mobile equipment’ means any 

29 self-propelled agricultural equipment, self-propelled con30 struction equipment, and self-propelled special use equip31 ment, used or designed for running on land but not on rail 

32 or highway; 

33 ‘‘(3) the term ‘vessel’ has the meaning given that term 

34 in section 401 of the Tariff Act of 1930; 

35 ‘‘(4) the term ‘aircraft’ has the meaning given that term 

36 in section 40102(a) of title 49; and 

37 ‘‘(5) the term ‘identification number’— 


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1 ‘‘(A) in the case of a motor vehicle, has the meaning 

2 given that term in section 718 of this title; and 

3 ‘‘(B) in the case of any other vehicle or equipment 

4 covered by this section, means a number or symbol as5 signed to the vehicle or equipment, or part thereof, by 

6 the manufacturer primarily for the purpose of identi7 fying such vehicle, equipment, or part. 

8 ‘‘§ 867. Smuggling goods from the United States 

9 ‘‘(a) OFFENSE.—Whoever fraudulently or knowingly exports 

10 or sends from the United States any merchandise, article, or 

11 object contrary to any law or regulation of the United States, 

12 or receives, conceals, buys, sells, or in any manner facilitates 

13 the transportation, concealment, or sale of such merchandise, 

14 article or object, prior to exportation, knowing the same to be 

15 intended for exportation contrary to any law or regulation of 

16 the United States, shall be imprisoned not more than 10 years. 

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

18 States’ has the meaning given that term in section 863. 

19 ‘‘§ 868. Border tunnels and passages 

20 ‘‘(a) CONSTRUCTION.—Whoever knowingly constructs or fi21 nances the construction of a tunnel or subterranean passage 

22 that crosses the international border between the United States 

23 and another country, other than a lawfully authorized tunnel 

24 or passage known to the Secretary of Homeland Security and 

25 subject to inspection by Immigration and Customs Enforce26 ment, shall be imprisoned for not more than 20 years. 

27 ‘‘(b) DISREGARDING CONSTRUCTION.—Whoever knows or 

28 recklessly disregards the construction or use of a tunnel or pas29 sage described in subsection (a) on land that the person owns 

30 or controls shall be imprisoned for not more than 10 years. 

31 ‘‘(c) USE.— 

32 ‘‘(1) OFFENSE.—Whoever uses a tunnel or passage de33 scribed in subsection (a) to unlawfully smuggle an alien, 

34 goods (in violation of section 863), controlled substances, 

35 weapons of mass destruction (including biological weapons), 

36 or a member of a terrorist organization shall be subject to 

37 a maximum term of imprisonment that is twice the maxVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00385 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 imum term of imprisonment that would have otherwise 

2 been applicable had the unlawful activity not made use of 

3 such a tunnel or passage. 

4 ‘‘(2) DEFINITION.—As used in this subsection, the term 

5 ‘terrorist organization’ means an organization designated 

6 as a terrorist organization under section 219 of the Immi7 gration and Nationality Act. 

8 ‘‘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. 

9 ‘‘§ 871. Indian country defined 

10 ‘‘The term ‘Indian country’, as used in this subchapter, 

11 means— 

12 ‘‘(1) all land within the limits of any Indian reservation 

13 under the jurisdiction of the United States Government, 

14 notwithstanding the issuance of any patent, and, including 

15 rights-of-way running through the reservation; 

16 ‘‘(2) all dependent Indian communities within the bor17 ders of the United States whether within the original or 

18 subsequently acquired territory thereof, and whether within 

19 or without the limits of a State; and 

20 ‘‘(3) all Indian allotments, the Indian titles to which 

21 have not been extinguished, including rights-of-way running 

22 through the same. 

23 ‘‘§ 872. Laws governing 

24 ‘‘(a) GENERALLY.—Except as otherwise expressly provided 

25 by law, the general laws of the United States as to the punish26 ment of offenses committed in any place within the sole and 

27 exclusive jurisdiction of the United States, except the District 

28 of Columbia, shall extend to the Indian country. 


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1 ‘‘(b) LIMITATION.—This section does not extend to offenses 

2 committed by one Indian against the person or property of an3 other Indian, nor to any Indian committing any offense in the 

4 Indian country who has been punished by the local law of the 

5 tribe, or to any case where, by treaty stipulations, the exclusive 

6 jurisdiction over such offenses is or may be secured to the In7 dian tribes respectively. 

8 ‘‘§ 873. Offenses committed within Indian country 

9 ‘‘(a) MAJOR CRIMES.—Any Indian who commits against the 

10 person or property of another Indian or other person any of the 

11 following offenses, namely, murder, manslaughter, kidnapping, 

12 maiming, a felony under subchapter A of chapter 13, incest, as13 sault with intent to commit murder, assault with a dangerous 

14 weapon, assault resulting in serious bodily injury (as defined in 

15 section 1365 of this title), an assault against an individual who 

16 has not attained the age of 16 years, arson, burglary, robbery, 

17 and a felony under section 661 of this title within the Indian 

18 country, shall be subject to the same law and penalties as all 

19 other persons committing any of the above offenses, within the 

20 exclusive jurisdiction of the United States. 

21 ‘‘(b) DEFINITION OF CERTAIN OFFENSES.—Any offense re22 ferred to in subsection (a) of this section that is not defined 

23 and punished by Federal law in force within the exclusive juris24 diction of the United States shall be defined and punished in 

25 accordance with the laws of the State in which such offense 

26 was committed as are in force at the time of such offense. 

27 ‘‘§ 874. State jurisdiction over offenses committed 

28 by or against Indians in the Indian coun29 try 

30 ‘‘(a) IN GENERAL.—Each State listed in the following table 

31 shall have jurisdiction over offenses committed by or against 

32 Indians in the areas of Indian country listed opposite the name 

33 of the State to the same extent that such State has jurisdiction 

34 over offenses committed elsewhere within the State, and the 

35 criminal laws of such State shall have the same force and effect 

36 within such Indian country as they have elsewhere within the 

37 State: 


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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. 

1 ‘‘(b) NON-CRIMINAL MATTERS NOT AFFECTED.—Nothing in 

2 this section— 

3 ‘‘(1) authorizes the alienation, encumbrance, or taxation 

4 of any real or personal property, including water rights, be5 longing to any Indian or any Indian tribe, band, or commu6 nity that is held in trust by the United States or is subject 

7 to a restriction against alienation imposed by the United 

8 States; 

9 ‘‘(2) authorizes regulation of the use of such property in 

10 a manner inconsistent with any Federal treaty, agreement, 

11 or statute or with any regulation made pursuant thereto; 

12 or 

13 ‘‘(3) deprives any Indian or any Indian tribe, band, or 

14 community of any right, privilege, or immunity afforded 

15 under Federal treaty, agreement, or statute with respect to 

16 hunting, trapping, or fishing or the control, licensing, or 

17 regulation thereof. 

18 ‘‘(c) NONAPPLICATION.—Sections 872 and 873 do not apply 

19 within the areas of Indian country listed in subsection (a) as 

20 areas over which a State has exclusive jurisdiction. 


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1 ‘‘§ 875. Embezzlement and theft from Indian tribal 

2 organizations 

3 ‘‘(a) OFFENSE.—Whoever embezzles, steals, unlawfully con4 verts, knowingly misapplies, or knowingly permits to be mis5 applied, any of the property belonging to any Indian tribal or6 ganization or entrusted to the custody or care of any officer, 

7 employee, or agent of an Indian tribal organization shall be im8 prisoned not more than five years; but if the value of such 

9 property does not exceed the sum of $1,000, shall be impris10 oned not more than one year. 

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

12 tribal organization’ means any tribe, band, or community of In13 dians which is subject to the laws of the United States relating 

14 to Indian affairs or any corporation, association, or group 

15 which is organized under any of such laws. 

16 ‘‘§ 876. Theft from gaming establishments on In17 dian lands 

18 ‘‘Whoever abstracts, purloins, knowingly misapplies, or takes 

19 and carries away with intent to steal, any money, funds, or 

20 other property belonging to a gaming establishment operated 

21 by or for or licensed by an Indian tribe pursuant to an ordi22 nance or resolution approved by the National Indian Gaming 

23 Commission shall be imprisoned for not more than ten years, 

24 but if the value of such property does not exceed $1,000, shall 

25 be imprisoned not more than one year. 

26 ‘‘§ 877. Theft by officers or employees of gaming 

27 establishments on Indian lands 

28 ‘‘Whoever, being an officer, employee, or individual licensee 

29 of a gaming establishment operated by or for or licensed by an 

30 Indian tribe pursuant to an ordinance or resolution approved 

31 by the National Indian Gaming Commission, embezzles, ab32 stracts, purloins, knowingly misapplies, or takes and carries 

33 away with intent to steal, any moneys, funds, assets, or other 

34 property of such establishment shall be imprisoned for not 

35 more than 20 years, but if the value of such property is $1,000 

36 or less shall be imprisoned not more than five years. 


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1 ‘‘§ 878. Reporting of child abuse 

2 ‘‘(a) BASIC REPORTING OFFENSE.—Whoever— 

3 ‘‘(1) is a— 

4 ‘‘(A) physician, surgeon, dentist, podiatrist, chiro5 practor, nurse, dental hygienist, optometrist, medical 

6 examiner, emergency medical technician, paramedic, or 

7 health care provider, 

8 ‘‘(B) teacher, school counselor, instructional aide, 

9 teacher’s aide, teacher’s assistant, or bus driver em10 ployed by any tribal, Federal, public or private school, 

11 ‘‘(C) administrative officer, supervisor of child wel12 fare and attendance, or truancy officer of any tribal, 

13 Federal, public or private school, 

14 ‘‘(D) child day care worker, headstart teacher, public 

15 assistance worker, worker in a group home or residen16 tial or day care facility, or social worker, 

17 ‘‘(E) psychiatrist, psychologist, or psychological as18 sistant, 

19 ‘‘(F) licensed or unlicensed marriage, family, or child 

20 counselor, 

21 ‘‘(G) person employed in the mental health profes22 sion, or 

23 ‘‘(H) law enforcement officer, probation officer, 

24 worker in a juvenile rehabilitation or detention facility, 

25 or person employed in a public agency who is respon26 sible for enforcing statutes and judicial orders; 

27 ‘‘(2) knows, or has reasonable suspicion, that— 

28 ‘‘(A) a child was abused in Indian country, or 

29 ‘‘(B) actions are being taken, or are going to be 

30 taken, that would reasonably be expected to result in 

31 abuse of a child in Indian country; and 

32 ‘‘(3) fails to immediately report such abuse or actions de33 scribed in paragraph (2) to the local child protective serv34 ices agency or local law enforcement agency, 

35 shall be imprisoned for not more than 6 months. 

36 ‘‘(b) OFFENSE BY SUPERVISORS.—Whoever— 


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1 ‘‘(1) supervises, or has authority over, a person described 

2 in subsection (a)(1), and 

3 ‘‘(2) inhibits or prevents that person from making the re4 port described in subsection (a), 

5 shall be imprisoned for not more than 6 months. 

6 ‘‘(c) DEFINITIONS.—As used in this section— 

7 ‘‘(1) the term ‘abuse’ includes— 

8 ‘‘(A) any case in which— 

9 ‘‘(i) a child is dead or exhibits evidence of skin 

10 bruising, bleeding, malnutrition, failure to thrive, 

11 burns, fracture of any bone, subdural hematoma, 

12 soft tissue swelling, and 

13 ‘‘(ii) such condition is not justifiably explained or 

14 may not be the product of an accidental occurrence; 

15 and 

16 ‘‘(B) any case in which a child is subjected to sexual 

17 assault, sexual molestation, sexual exploitation, sexual 

18 contact, or prostitution; 

19 ‘‘(2) the term ‘child’ means an individual who— 

20 ‘‘(A) is not married, and 

21 ‘‘(B) has not attained 18 years of age; 

22 ‘‘(3) the term ‘local child protective services agency’ 

23 means that agency of the Federal Government, of a State, 

24 or of an Indian tribe that has the primary responsibility for 

25 child protection on any Indian reservation or within any 

26 community in Indian country; and 

27 ‘‘(4) the term ‘local law enforcement agency’ means that 

28 Federal, tribal, or State law enforcement agency that has 

29 the primary responsibility for the investigation of an in30 stance of alleged child abuse within the portion of Indian 

31 country involved. 

32 ‘‘(d) IMMUNITY FROM CIVIL OR CRIMINAL LIABILITY FOR

33 REPORTING.—Any person making a report described in sub34 section (a) which is based upon their reasonable belief and 

35 which is made in good faith shall be immune from civil or 

36 criminal liability for making that report. 


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1 ‘‘§ 879. Illegal trafficking in Native American 

2 human remains and cultural items 

3 ‘‘(a) HUMAN REMAINS.—Whoever knowingly sells, pur4 chases, uses for profit, or transports for sale or profit, the 

5 human remains of a Native American without the right of pos6 session to those remains as provided in the Native American 

7 Graves Protection and Repatriation Act shall be imprisoned not 

8 more than 12 months, and in the case of a second or subse9 quent violation, be imprisoned not more than 5 years. 

10 ‘‘(b) CULTURAL ITEMS.—Whoever knowingly sells, pur11 chases, uses for profit, or transports for sale or profit any Na12 tive American cultural items obtained in violation of the Native 

13 American Grave Protection and Repatriation Act shall be im14 prisoned not more than one year, and in the case of a second 

15 or subsequent violation, be imprisoned not more than 5 years. 

16 ‘‘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. 

17 ‘‘§ 881. Concealment of assets; false oaths and 

18 claims; bribery 

19 ‘‘Whoever— 

20 ‘‘(1) knowingly conceals from a custodian, trustee, mar21 shal, or other officer of the court charged with the control 

22 or custody of property, or, in connection with a case under 

23 title 11, from creditors or the United States Trustee, any 

24 property belonging to the estate of a debtor; 

25 ‘‘(2) knowingly makes a false oath or account in or in 

26 relation to any case under title 11; 

27 ‘‘(3) knowingly makes a false declaration, certificate, 

28 verification, or statement under penalty of perjury as per29 mitted under section 1746 of title 28, in or in relation to 

30 any case under title 11; 


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1 ‘‘(4) knowingly presents any false claim for proof against 

2 the estate of a debtor, or uses any such claim in any case 

3 under title 11, in a personal capacity or as or through an 

4 agent, proxy, or attorney; 

5 ‘‘(5) knowingly receives any material amount of property 

6 from a debtor after the filing of a case under title 11, with 

7 intent to defeat the provisions of title 11; 

8 ‘‘(6) knowingly and corruptly gives, offers, receives, or 

9 attempts to obtain any money or property, remuneration, 

10 compensation, reward, advantage, or promise thereof for 

11 acting or forbearing to act in any case under title 11; 

12 ‘‘(7) in a personal capacity or as an agent or officer of 

13 any person or corporation, in contemplation of a case under 

14 title 11 by or against the person or any other person or 

15 corporation, or with intent to defeat the provisions of title 

16 11, knowingly transfers or conceals any of his property or 

17 the property of such other person or corporation; 

18 ‘‘(8) after the filing of a case under title 11 or in con19 templation thereof, knowingly conceals, destroys, mutilates, 

20 falsifies, or makes a false entry in any recorded information 

21 (including books, documents, records, and papers) relating 

22 to the property or financial affairs of a debtor; or 

23 ‘‘(9) after the filing of a case under title 11, knowingly 

24 withholds from a custodian, trustee, marshal, or other offi25 cer of the court or a United States Trustee entitled to its 

26 possession, any recorded information (including books, doc27 uments, records, and papers) relating to the property or fi28 nancial affairs of a debtor, 

29 shall be imprisoned not more than 5 years. 

30 ‘‘§ 882. Embezzlement against estate 

31 ‘‘(a) OFFENSE.—Whoever, being described in subsection (b), 

32 knowingly and unlawfully appropriates to the person’s own use, 

33 embezzles, spends, or transfers any property or secretes or de34 stroys any document belonging to the estate of a debtor shall 

35 be imprisoned not more than 5 years. 

36 ‘‘(b) PERSON TO WHOM SECTION APPLIES.—A person de37 scribed in this subsection is one who has access to property or 


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1 documents belonging to an estate by virtue of the person’s par2 ticipation in the administration of the estate as a trustee, cus3 todian, marshal, attorney, or other officer of the court or as an 

4 agent, employee, or other person engaged by such an officer to 

5 perform a service with respect to the estate. 

6 ‘‘§ 883. Adverse interest and conduct of officers 

7 ‘‘Whoever, being a custodian, trustee, marshal, or other offi8 cer of the court— 

9 ‘‘(1) knowingly purchases any property of the estate of 

10 which the person is such an officer in a case under title 11; 

11 ‘‘(2) knowingly refuses to permit a reasonable oppor12 tunity for the inspection by parties in interest of the docu13 ments and accounts relating to the affairs of estates in the 

14 person’s charge by parties when directed by the court to do 

15 so; or 

16 ‘‘(3) knowingly refuses to permit a reasonable oppor17 tunity for the inspection by the United States Trustee of 

18 the documents and accounts relating to the affairs of an 

19 estate in the person’s charge, 

20 shall be fined under this title and shall forfeit the person’s of21 fice, which shall thereupon become vacant. 

22 ‘‘§ 884. Fee agreements in cases under title 11 and 

23 receiverships 

24 ‘‘Whoever, being a party in interest, whether as a debtor, 

25 creditor, receiver, trustee or representative of any of them, or 

26 attorney for any such party in interest, in any receivership or 

27 case under title 11 in any United States court or under its su28 pervision, knowingly and corruptly enters into any agreement, 

29 express or implied, with another such party in interest or attor30 ney for another such party in interest, for the purpose of fixing 

31 the fees or other compensation to be paid to any party in inter32 est or to any attorney for any party in interest for services ren33 dered in connection therewith, from the assets of the estate, 

34 shall be imprisoned not more than one year. 

35 ‘‘§ 885. Bankruptcy fraud 

36 ‘‘Whoever for the purpose of executing or concealing a 

37 scheme or artifice to defraud— 


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1 ‘‘(1) files a petition under title 11, including a fraudulent 

2 involuntary bankruptcy petition under section 303 of such 

3 title; 

4 ‘‘(2) files a document in a proceeding under title 11; or 

5 ‘‘(3) makes a false or fraudulent representation, claim, 

6 or promise concerning or in relation to a proceeding under 

7 title 11, at any time before or after the filing of the peti8 tion, or in relation to a proceeding falsely asserted to be 

9 pending under such title, 

10 shall be imprisoned not more than 5 years. 

11 ‘‘§ 886. Designation of United States attorneys and 

12 agents of the Federal Bureau of Investiga13 tion to address abusive reaffirmations of 

14 debt and materially fraudulent statements 

15 in bankruptcy schedules 

16 ‘‘(a) IN GENERAL.—The Attorney General of the United 

17 States shall designate the individuals described in subsection 

18 (b) to have primary responsibility in carrying out enforcement 

19 activities in addressing violations of section 871 or 875 relating 

20 to abusive reaffirmations of debt. In addition to addressing the 

21 violations referred to in the preceding sentence, the individuals 

22 described under subsection (b) shall address violations of sec23 tion 871 or 875 relating to materially fraudulent statements in 

24 bankruptcy schedules that are intentionally false or inten25 tionally misleading. 

26 ‘‘(b) UNITED STATES ATTORNEYS AND AGENTS OF THE

27 FEDERAL BUREAU OF INVESTIGATION.—The individuals re28 ferred to in subsection (a) are— 

29 ‘‘(1) the United States attorney for each judicial district 

30 of the United States; and 

31 ‘‘(2) an agent of the Federal Bureau of Investigation for 

32 each field office of the Federal Bureau of Investigation. 

33 ‘‘(c) BANKRUPTCY INVESTIGATIONS.—Each United States 

34 attorney designated under this section shall, in addition to any 

35 other responsibilities, have primary responsibility for carrying 

36 out the duties of a United States attorney under section 3057. 


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1 ‘‘(d) BANKRUPTCY PROCEDURES.—The bankruptcy courts 

2 shall establish procedures for referring any case that may con3 tain a materially fraudulent statement in a bankruptcy sched4 ule to the individuals designated under this section. 

5 ‘‘§ 887. Definition 

6 ‘‘As used in this subchapter, the term ‘debtor’ means a debt7 or concerning whom a petition has been filed under title 11. 

8 ‘‘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. 

9 ‘‘§ 891. Conspiracy against rights 

10 ‘‘If two or more persons— 

11 ‘‘(1) conspire to injure, oppress, threaten, or intimidate 

12 any person in any State in the free exercise or enjoyment 

13 of any right or privilege secured to that person by the Con14 stitution or laws of the United States, or because of that 

15 person’s having so exercised the same; or 

16 ‘‘(2) go in disguise on the highway, or on the premises 

17 of another, with intent to prevent or hinder that other’s 

18 free exercise or enjoyment of any right or privilege so se19 cured; 

20 each shall be imprisoned not more than ten years; and if death 

21 results from the acts committed in violation of this section or 

22 if such acts include kidnapping or an attempt to kidnap, aggra23 vated sexual abuse or an attempt to commit aggravated sexual 

24 abuse, or an attempt to kill, each shall be imprisoned for any 

25 term of years or for life, or may be sentenced to death. 

26 ‘‘§ 892. Deprivation of rights under color of law 

27 ‘‘Whoever, under color of any law, statute, ordinance, regula28 tion, or custom, knowingly subjects any person in any State to 


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1 the deprivation of any rights, privileges, or immunities secured 

2 or protected by the Constitution or laws of the United States, 

3 or to different punishments, pains, or penalties, on account of 

4 such person being an alien, or by reason of his color, or race, 

5 than are prescribed for the punishment of citizens, shall be im6 prisoned not more than one year; and if bodily injury results 

7 from the acts committed in violation of this section or if such 

8 acts include the use, attempted use, or threatened use of a dan9 gerous weapon, explosives, or fire, shall be imprisoned not more 

10 than ten years; and if death results from the acts committed 

11 in violation of this section or if such acts include kidnapping 

12 or an attempt to kidnap, aggravated sexual abuse, or an at13 tempt to commit aggravated sexual abuse, or an attempt to 

14 kill, shall be imprisoned for any term of years or for life, or 

15 may be sentenced to death. 

16 ‘‘§ 893. Exclusion of jurors on account of race or 

17 color 

18 ‘‘No citizen possessing all other qualifications which are or 

19 may be prescribed by law shall be disqualified for service as 

20 grand or petit juror in any court of the United States, or of 

21 any State on account of race, color, or previous condition of 

22 servitude; and whoever, being an officer or other person 

23 charged with any duty in the selection or summoning of jurors, 

24 excludes or fails to summon any citizen for such cause, shall 

25 be fined not more than $5,000. 

26 ‘‘§ 894. Discrimination against person wearing 

27 uniform of armed forces 

28 ‘‘Whoever, being a proprietor, manager, or employee of a 

29 theater or other public place of entertainment or amusement in 

30 the District of Columbia, or in any territory, or possession of 

31 the United States, causes any person wearing the uniform of 

32 any of the armed forces of the United States to be discrimi33 nated against because of that uniform, shall be fined under this 

34 title. 

35 ‘‘§ 895. Federally protected activities 

36 ‘‘(a) CONSTRUCTION.— 


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1 ‘‘(1) Nothing in this section shall be construed as indi2 cating an intent on the part of Congress to prevent any 

3 State, any possession or Commonwealth of the United 

4 States, or the District of Columbia, from exercising juris5 diction over any offense over which it would have jurisdic6 tion in the absence of this section, nor shall anything in 

7 this section be construed as depriving State and local law 

8 enforcement authorities of responsibility for prosecuting 

9 acts that may be violations of this section and that are vio10 lations of State and local law. No prosecution of any of11 fense described in this section shall be undertaken by the 

12 United States except upon the certification in writing of 

13 the Attorney General, the Deputy Attorney General, the 

14 Associate Attorney General, or any Assistant Attorney Gen15 eral specially designated by the Attorney General that in 

16 his judgment a prosecution by the United States is in the 

17 public interest and necessary to secure substantial justice, 

18 which function of certification may not be delegated. 

19 ‘‘(2) Nothing in this subsection shall be construed to 

20 limit the authority of Federal officers, or a Federal grand 

21 jury, to investigate possible violations of this section. 

22 ‘‘(b) OFFENSE.—Whoever by force or threat of force know23 ingly injures, intimidates or interferes with— 

24 ‘‘(1) any person because he is or has been, or in order 

25 to intimidate such person or any other person or any class 

26 of persons from— 

27 ‘‘(A) voting or qualifying to vote, qualifying or cam28 paigning as a candidate for elective office, or qualifying 

29 or acting as a poll watcher, or any legally authorized 

30 election official, in any primary, special, or general elec31 tion; 

32 ‘‘(B) participating in or enjoying any benefit, service, 

33 privilege, program, facility, or activity provided or ad34 ministered by the United States; 

35 ‘‘(C) applying for or enjoying employment, or any 

36 perquisite thereof, by any agency of the United States; 


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1 ‘‘(D) serving, or attending upon any court in connec2 tion with possible service, as a grand or petit juror in 

3 any court of the United States; or 

4 ‘‘(E) participating in or enjoying the benefits of any 

5 program or activity receiving Federal financial assist6 ance; 

7 ‘‘(2) any person because of his race, color, religion or na8 tional origin and because he is or has been— 

9 ‘‘(A) enrolling in or attending any public school or 

10 public college; 

11 ‘‘(B) participating in or enjoying any benefit service, 

12 privilege, program, facility or activity provided or ad13 ministered by any State or subdivision thereof; 

14 ‘‘(C) applying for or enjoying employment, or any 

15 perquisite thereof, by any private employer or any 

16 agency of any State or subdivision thereof, or joining 

17 or using the services or advantages of any labor organi18 zation, hiring hall, or employment agency; 

19 ‘‘(D) serving, or attending upon any court of any 

20 State in connection with possible service, as a grand or 

21 petit juror; 

22 ‘‘(E) traveling in or using any facility of interstate 

23 commerce, or using any vehicle, terminal, or facility of 

24 any common carrier by motor, rail, water, or air; 

25 ‘‘(F) enjoying the goods, services, facilities, privi26 leges, advantages, or accommodations of any inn, hotel, 

27 motel, or other establishment which provides lodging to 

28 transient guests, or of any restaurant, cafeteria, lunch29 room, lunch counter, soda fountain, or other facility 

30 which serves the public and which is principally en31 gaged in selling food or beverages for consumption on 

32 the premises, or of any gasoline station, or of any mo33 tion picture house, theater, concert hall, sports arena, 

34 stadium, or any other place of exhibition or entertain35 ment which serves the public, or of any other establish36 ment which serves the public and (i) which is located 

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1 ments or within the premises of which is physically lo2 cated any of the aforesaid establishments, and (ii) 

3 which holds itself out as serving patrons of such estab4 lishments; 

5 ‘‘(3) during or incident to a riot or civil disorder, any 

6 person engaged in a business in commerce or affecting 

7 commerce, including, but not limited to, any person en8 gaged in a business which sells or offers for sale to inter9 state travelers a substantial portion of the articles, com10 modities, or services which it sells or where a substantial 

11 portion of the articles or commodities which it sells or of12 fers for sale have moved in commerce; or 

13 ‘‘(4) any person because that person is or has been, or 

14 in order to intimidate such person or any other person or 

15 any class of persons from— 

16 ‘‘(A) participating, without discrimination on account 

17 of race, color, religion or national origin, in any of the 

18 benefits or activities described in subparagraphs (1)(A) 

19 through (1)(E) or subparagraphs (2)(A) through 

20 (2)(F); or 

21 ‘‘(B) affording another person or class of persons op22 portunity or protection to so participate; or 

23 ‘‘(5) any citizen because that person is or has been, or 

24 in order to intimidate such citizen or any other citizen from 

25 lawfully aiding or encouraging other persons to participate, 

26 without discrimination on account of race, color, religion or 

27 national origin, in any of the benefits or activities described 

28 in subparagraphs (1)(A) through (1)(E) or subparagraphs 

29 (2)(A) through (2)(F), or participating lawfully in speech 

30 or peaceful assembly opposing any denial of the opportunity 

31 to so participate— 

32 shall be imprisoned not more than one year; and if bodily in33 jury results from the acts committed in violation of this section 

34 or if such acts include the use, attempted use, or threatened 

35 use of a dangerous weapon, explosives, or fire, shall be impris36 oned not more than ten years; and if death results from the 

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1 clude kidnapping or an attempt to kidnap, aggravated sexual 

2 abuse or an attempt to commit aggravated sexual abuse, or an 

3 attempt to kill, shall be imprisoned for any term of years or 

4 for life or may be sentenced to death. 

5 ‘‘(c) DEFINITION.—As used in this section, the term ‘partici6 pating lawfully in speech or peaceful assembly’ shall not mean 

7 the aiding, abetting, or inciting of other persons to riot or to 

8 commit any act of physical violence upon any individual or 

9 against any real or personal property in furtherance of a riot. 

10 Nothing in subparagraph (2)(F) or (4)(A) of this subsection 

11 shall apply to the proprietor of any establishment which pro12 vides lodging to transient guests, or to any employee acting on 

13 behalf of such proprietor, with respect to the enjoyment of the 

14 goods, services, facilities, privileges, advantages, or accommoda15 tions of such establishment if such establishment is located 

16 within a building which contains not more than five rooms for 

17 rent or hire and which is actually occupied by the proprietor 

18 as the proprietor’s residence. 

19 ‘‘(d) LAW ENFORCEMENT DUTIES NOT AFFECTED.—Noth20 ing in this section shall be construed so as to deter any law 

21 enforcement officer from lawfully carrying out the duties of his 

22 office; and no law enforcement officer shall be considered to be 

23 in violation of this section for lawfully carrying out the duties 

24 of his office or lawfully enforcing ordinances and laws of the 

25 United States, the District of Columbia, any of the several 

26 States, or any political subdivision of a State. For purposes of 

27 the preceding sentence, the term ‘law enforcement officer’ 

28 means any officer of the United States, the District of Colum29 bia, a State, or political subdivision of a State, who is empow30 ered by law to conduct investigations of, or make arrests be31 cause of, offenses against the United States, the District of Co32 lumbia, a State, or a political subdivision of a State. 

33 ‘‘§ 896. Deprivation of relief benefits 

34 ‘‘Whoever directly or indirectly deprives, attempts to deprive, 

35 or threatens to deprive any person of any employment, position, 

36 work, compensation, or other benefit provided for or made pos37 sible in whole or in part by any Act of Congress appropriating 


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1 funds for work relief or relief purposes, on account of political 

2 affiliation, race, color, sex, religion, or national origin, shall be 

3 imprisoned not more than one year. 

4 ‘‘§ 897. Damage to religious property; obstruction 

5 of persons in the free exercise of religious 

6 beliefs 

7 ‘‘(a) RELIGIOUS PROPERTY OFFENSE RELATING TO RELI8 GIOUS CHARACTER.—Whoever, in or affecting interstate or for9 eign commerce— 

10 ‘‘(1) knowingly defaces, damages, or destroys any reli11 gious real property, because of the religious character of 

12 that property; or 

13 ‘‘(2) knowingly obstructs, by force or threat of force, any 

14 person in the enjoyment of that person’s free exercise of re15 ligious beliefs; 

16 shall be punished as provided in subsection (c). 

17 ‘‘(b) PROPERTY OFFENSE MOTIVATED BY RACIAL AND

18 OTHER CHARACTERISTICS.—Whoever knowingly defaces, dam19 ages, or destroys any religious real property because of the 

20 race, color, or ethnic characteristics of any individual associated 

21 with that religious property, shall be punished as provided in 

22 subsection (c). 

23 ‘‘(c) PUNISHMENT.—The punishment for a violation of sub24 section (a) is— 

25 ‘‘(1) if death results from acts committed in violation of 

26 this section or if such acts include kidnapping or an at27 tempt to kidnap, aggravated sexual abuse or an attempt to 

28 commit aggravated sexual abuse, or an attempt to kill, im29 prisonment for any term of years or for life, or death; 

30 ‘‘(2) if bodily injury results to any person, including any 

31 public safety officer performing duties as a direct or proxi32 mate result of conduct prohibited by this section, and the 

33 violation is by means of fire or an explosive, or imprison34 ment for more that 40 years; 

35 ‘‘(3) if bodily injury to any person, including any public 

36 safety officer performing duties as a direct or proximate re37 sult of conduct prohibited by this section, results from the 


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1 acts committed in violation of this section or if such acts 

2 include the use, attempted use, or threatened use of a dan3 gerous weapon, explosives, or fire, imprisonment for not 

4 more than 20 years; and 

5 ‘‘(4) in any other case, imprisonment for not more than 

6 one year. 

7 ‘‘(d) CERTIFICATION.—No prosecution of any offense de8 scribed in this section shall be undertaken by the United States 

9 except upon the certification in writing of the Attorney General 

10 or his designee that in his judgment a prosecution by the 

11 United States is in the public interest and necessary to secure 

12 substantial justice. 

13 ‘‘(e) DEFINITION.—As used in this section, the term ‘reli14 gious real property’ means any church, synagogue, mosque, re15 ligious cemetery, or other religious real property, including fix16 tures or religious objects contained within a place of religious 

17 worship. 

18 ‘‘(f) LIMITATION.—No person shall be prosecuted, tried, or 

19 punished for any noncapital offense under this section unless 

20 the indictment is found or the information is instituted not 

21 later than 7 years after the date on which the offense was com22 mitted. 

23 ‘‘§ 898. Freedom of access to clinic entrances 

24 ‘‘(a) PROHIBITED ACTIVITIES.—Whoever— 

25 ‘‘(1) by force or threat of force or by physical obstruc26 tion, knowingly injures, intimidates or interferes with any 

27 person because that person is or has been, or in order to 

28 intimidate such person or any other person or any class of 

29 persons from, obtaining or providing reproductive health 

30 services; 

31 ‘‘(2) by force or threat of force or by physical obstruc32 tion, knowingly injures, intimidates or interferes with any 

33 person lawfully exercising or seeking to exercise the First 

34 Amendment right of religious freedom at a place of reli35 gious worship; or 

36 ‘‘(3) knowingly damages or destroys the property of a fa37 cility, or attempts to do so, because such facility provides 


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1 reproductive health services, or knowingly damages or de2 stroys the property of a place of religious worship, 

3 shall be subject to the penalties provided in subsection (b) and 

4 the civil remedies provided in subsection (c), except that a par5 ent or legal guardian of a minor shall not be subject to any 

6 penalties or civil remedies under this section for such activities 

7 insofar as they are directed exclusively at that minor. 

8 ‘‘(b) PENALTIES.—Whoever violates this section shall— 

9 ‘‘(1) in the case of a first offense, be imprisoned not 

10 more than one year; and 

11 ‘‘(2) in the case of a second or subsequent offense after 

12 a prior conviction under this section, be imprisoned not 

13 more than 3 years; 

14 except that for an offense involving exclusively a nonviolent 

15 physical obstruction, the fine shall, notwithstanding section 

16 3571, not be more than $10,000 and the length of imprison17 ment shall be not more than six months, or both, for the first 

18 offense; and the fine shall, notwithstanding section 3571, be 

19 not more than $25,000 and the length of imprisonment shall 

20 be not more than 18 months, or both, for a subsequent offense; 

21 and except that if bodily injury results, the length of imprison22 ment shall be not more than 10 years, and if death results, it 

23 shall be for any term of years or for life. 

24 ‘‘(c) CIVIL REMEDIES.— 

25 ‘‘(1) RIGHT OF ACTION.— 

26 ‘‘(A) IN GENERAL.—Any person aggrieved by reason 

27 of the conduct prohibited by subsection (a) may com28 mence a civil action for the relief set forth in subpara29 graph (B), except that such an action may be brought 

30 under subsection (a)(1) only by a person involved in 

31 providing or seeking to provide, or obtaining or seeking 

32 to obtain, services in a facility that provides reproduc33 tive health services, and such an action may be brought 

34 under subsection (a)(2) only by a person lawfully exer35 cising or seeking to exercise the First Amendment right 

36 of religious freedom at a place of religious worship or 


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1 by the entity that owns or operates such place of reli2 gious worship. 

3 ‘‘(B) RELIEF.—In any action under subparagraph 

4 (A), the court may award appropriate relief, including 

5 temporary, preliminary or permanent injunctive relief 

6 and compensatory and punitive damages, as well as the 

7 costs of suit and reasonable fees for attorneys and ex8 pert witnesses. With respect to compensatory damages, 

9 the plaintiff may elect, at any time prior to the ren10 dering of final judgment, to recover, in lieu of actual 

11 damages, an award of statutory damages in the 

12 amount of $5,000 per violation. 

13 ‘‘(2) ACTION BY ATTORNEY GENERAL OF THE UNITED

14 STATES.— 

15 ‘‘(A) IN GENERAL.—If the Attorney General of the 

16 United States has reasonable cause to believe that any 

17 person or group of persons is being, has been, or may 

18 be injured by conduct constituting a violation of this 

19 section, the Attorney General may commence a civil ac20 tion in any appropriate United States District Court. 

21 ‘‘(B) RELIEF.—In any action under subparagraph 

22 (A), the court may award appropriate relief, including 

23 temporary, preliminary or permanent injunctive relief, 

24 and compensatory damages to persons aggrieved as de25 scribed in paragraph (1)(B). The court, to vindicate the 

26 public interest, may also assess a civil penalty against 

27 each respondent— 

28 ‘‘(i) in an amount not exceeding $10,000 for a 

29 nonviolent physical obstruction and $15,000 for 

30 other first violations; and 

31 ‘‘(ii) in an amount not exceeding $15,000 for a 

32 nonviolent physical obstruction and $25,000 for 

33 any other subsequent violation. 

34 ‘‘(3) ACTIONS BY STATE ATTORNEYS GENERAL.— 

35 ‘‘(A) IN GENERAL.—If the Attorney General of a 

36 State has reasonable cause to believe that any person 

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1 jured by conduct constituting a violation of this section, 

2 such Attorney General may commence a civil action in 

3 the name of such State, as parens patriae on behalf of 

4 natural persons residing in such State, in any appro5 priate United States District Court. 

6 ‘‘(B) RELIEF.—In any action under subparagraph 

7 (A), the court may award appropriate relief, including 

8 temporary, preliminary or permanent injunctive relief, 

9 compensatory damages, and civil penalties as described 

10 in paragraph (2)(B). 

11 ‘‘(d) RULES OF CONSTRUCTION.—Nothing in this section 

12 shall be construed— 

13 ‘‘(1) to prohibit any expressive conduct (including peace14 ful picketing or other peaceful demonstration) protected 

15 from legal prohibition by the First Amendment to the Con16 stitution; 

17 ‘‘(2) to create new remedies for interference with activi18 ties protected by the free speech or free exercise clauses of 

19 the First Amendment to the Constitution, occurring outside 

20 a facility, regardless of the point of view expressed, or to 

21 limit any existing legal remedies for such interference; 

22 ‘‘(3) to provide exclusive criminal penalties or civil rem23 edies with respect to the conduct prohibited by this section, 

24 or to preempt State or local laws that may provide such 

25 penalties or remedies; or 

26 ‘‘(4) to interfere with the enforcement of State or local 

27 laws regulating the performance of abortions or other re28 productive health services. 

29 ‘‘(e) DEFINITIONS.—As used in this section— 

30 ‘‘(1) the term ‘facility’ includes a hospital, clinic, physi31 cian’s office, or other facility that provides reproductive 

32 health services, and includes the building or structure in 

33 which the facility is located; 

34 ‘‘(2) the term ‘interfere with’ means to restrict a per35 son’s freedom of movement; 


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1 ‘‘(3) the term ‘intimidate’ means to place a person in 

2 reasonable apprehension of bodily harm to him-or herself or 

3 to another; 

4 ‘‘(4) the term ‘physical obstruction’ means rendering im5 passable ingress to or egress from a facility that provides 

6 reproductive health services or to or from a place of reli7 gious worship, or rendering passage to or from such a facil8 ity or place of religious worship unreasonably difficult or 

9 hazardous; and 

10 ‘‘(5) the term ‘reproductive health services’ means repro11 ductive health services provided in a hospital, clinic, physi12 cian’s office, or other facility, and includes medical, sur13 gical, counselling or referral services relating to the human 

14 reproductive system, including services relating to preg15 nancy or the termination of a pregnancy. 

16 ‘‘§ 899. Voting Rights Act violations 

17 ‘‘(a) Whoever deprives any person of any right secured by 

18 section 2, 3, 4, 5, 7, or 10 of the Voting Rights Act of 1965 

19 or violates section 11(a) of such Act, shall be imprisoned not 

20 more than five years. 

21 ‘‘(b) Whoever, within a year following an election in a polit22 ical subdivision in which an examiner has been appointed under 

23 the Voting Rights Act of 1965— 

24 ‘‘(1) destroys, defaces, mutilates, or otherwise alters the 

25 marking of a paper ballot which has been cast in such elec26 tion; or 

27 ‘‘(2) alters any official record of voting in such election 

28 tabulated from a voting machine or otherwise; 

29 shall be imprisoned not more than five years. 

30 ‘‘(c) Whoever conspires to violate subsection (a) or (b) of sec31 tion 12 of the Voting Rights Act of 1965, or interferes with 

32 any right secured by section 2, 3, 4, 5, 7, 10, or 11(a) of such 

33 Act shall be imprisoned not more than five years. 

34 ‘‘§900. Prevention of intimidation in fair housing 

35 cases 

36 ‘‘Whoever by force or threat of force willfully injures, intimi37 dates or interferes with— 


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1 ‘‘(1) any person because of that person’s race, color, reli2 gion, sex, handicap (as such term is defined in section 802 

3 of the Fair Housing Act), familial status (as such term is 

4 defined in section 802 of that Act), or national origin and 

5 because that person is or has been selling, purchasing, 

6 renting, financing, occupying, or contracting or negotiating 

7 for the sale, purchase, rental, financing or occupation of 

8 any dwelling, or applying for or participating in any serv9 ice, organization, or facility relating to the business of sell10 ing or renting dwellings; or 

11 ‘‘(2) any person because that person is or has been, or 

12 in order to intimidate such person or any other person or 

13 any class of persons from— 

14 ‘‘(A) participating, without discrimination on account 

15 of race, color, religion, sex, handicap (as such term is 

16 defined in section 802 of the Fair Housing Act), famil17 ial status (as such term is defined in section 802 of 

18 that Act), or national origin, in any of the activities, 

19 services, organizations or facilities described in section 

20 901(a) of that Act; 

21 ‘‘(B) affording another person or class of persons op22 portunity or protection so to participate; or 

23 ‘‘(C) any citizen because that citizen is or has been, 

24 or in order to discourage such citizen or any other cit25 izen from lawfully aiding or encouraging other persons 

26 to participate, without discrimination on account of 

27 race, color, religion, sex, handicap (as such term is de28 fined in section 802 of the Fair Housing Act), familial 

29 status (as such term is defined in section 802 of that 

30 Act), or national origin, in any of the activities, serv31 ices, organizations or facilities described in subsection 

32 901(a), or participating lawfully in speech or peaceful 

33 assembly opposing any denial of the opportunity to so 

34 participate; 

35 shall be imprisoned not more than one year; and if bodily in36 jury results from the acts committed in violation of this section 

37 or if such acts include the use, attempted use, or threatened 


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1 use of a dangerous weapon, explosives, or fire shall be impris2 oned not more than ten years; and if death results from the 

3 acts committed in violation of this section or if such acts in4 clude kidnapping or an attempt to kidnap, aggravated sexual 

5 abuse or an attempt to commit aggravated sexual abuse, or an 

6 attempt to kill, shall be imprisoned for any term of years or 

7 for life. 

8 ‘‘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. 

9 ‘‘§ 921. Agents of foreign governments 

10 ‘‘(a) OFFENSE.—Whoever, other than a diplomatic or con11 sular officer or attache, acts in the United States as an agent 

12 of a foreign government without prior notification to the Attor13 ney General if required in subsection (b), shall be imprisoned 

14 not more than ten years. 

15 ‘‘(b) RULES AND REGULATIONS.—The Attorney General 

16 shall promulgate rules and regulations establishing require17 ments for notification. 

18 ‘‘(c) TRANSMISSION.—The Attorney General shall, upon re19 ceipt, promptly transmit one copy of each notification state20 ment filed under this section to the Secretary of State for such 

21 comment and use as the Secretary of State may determine to 

22 be appropriate from the point of view of the foreign relations 

23 of the United States. Failure of the Attorney General to do so 

24 shall not be a bar to prosecution under this section. 

25 ‘‘(d) DEFINITION.—As used in this section, the term ‘agent 

26 of a foreign government’ means an individual who agrees to op27 erate within the United States subject to the direction or con28 trol of a foreign government or official, except that such term 

29 does not include— 


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1 ‘‘(1) a duly accredited diplomatic or consular officer of 

2 a foreign government, who is so recognized by the Depart3 ment of State; 

4 ‘‘(2) any officially and publicly acknowledged and spon5 sored official or representative of a foreign government; 

6 ‘‘(3) any officially and publicly acknowledged and spon7 sored member of the staff of, or employee of, an officer, of8 ficial, or representative described in paragraph (1) or (2), 

9 who is not a United States citizen; or 

10 ‘‘(4) any person engaged in a legal commercial trans11 action. 

12 ‘‘(e) ADDITIONAL BASIS FOR DETERMINING AGENCY.—Not13 withstanding subsection (d)(4), any person engaged in a legal 

14 commercial transaction shall be considered to be an agent of 

15 a foreign government for purposes of this section if— 

16 ‘‘(1) such person agrees to operate within the United 

17 States subject to the direction or control of a foreign gov18 ernment or official; and 

19 ‘‘(2) such person— 

20 ‘‘(A) is an agent of Cuba or any other country that 

21 the President determines (and so reports to the Con22 gress) poses a threat to the national security interest 

23 of the United States for purposes of this section, unless 

24 the Attorney General, after consultation with the Sec25 retary of State, determines and so reports to the Con26 gress that the national security or foreign policy inter27 ests of the United States require that the provisions of 

28 this section do not apply in specific circumstances to 

29 agents of such country; or 

30 ‘‘(B) has been convicted of, or has entered a plea of 

31 nolo contendere with respect to, any offense under sec32 tion 301 through 303, 601, or 261 of this title or 

33 under section 11 of the Export Administration Act of 

34 1979, except that the provisions of this subsection shall 

35 not apply to a person described in this clause for a pe36 riod of more than five years beginning on the date of 


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1 the conviction or the date of entry of the plea of nolo 

2 contendere, as the case may be. 

3 ‘‘§ 922. Diplomatic codes and correspondence 

4 ‘‘Whoever, by virtue of his employment by the United States, 

5 obtains from another or has or has had custody of or access 

6 to, any official diplomatic code or any matter prepared in any 

7 such code, or which purports to have been prepared in any such 

8 code, and without authorization or competent authority, know9 ingly publishes or furnishes to another any such code or mat10 ter, or any matter which was obtained while in the process of 

11 transmission between any foreign government and its diplo12 matic mission in the United States, shall be or imprisoned not 

13 more than ten years. 

14 ‘‘§ 923. False statements influencing foreign gov15 ernment 

16 ‘‘Whoever, in relation to any dispute or controversy between 

17 a foreign government and the United States, knowingly makes 

18 any untrue statement, either orally or in writing, under oath 

19 before any person authorized and empowered to administer 

20 oaths, which the affiant has knowledge or reason to believe will, 

21 or may be used to influence the measures or conduct of any 

22 foreign government, or of any officer or agent of any foreign 

23 government, to the injury of the United States, or with a view 

24 or intent to influence any measure of or action by the United 

25 States or any department or agency thereof, to the injury of 

26 the United States, shall be imprisoned not more than ten years. 

27 ‘‘§ 924. Conspiracy to kill, kidnap, maim, or injure 

28 persons or damage property in a foreign 

29 country 

30 ‘‘(a) OFFENSE AGAINST PERSONS.— 

31 ‘‘(1) ELEMENTS.—Whoever, within the jurisdiction of 

32 the United States, conspires with one or more other per33 sons, regardless of where such other person or persons are 

34 located, to commit at any place outside the United States 

35 an act that would constitute the offense of murder, kidnap36 ping, or maiming if committed in the special maritime and 

37 territorial jurisdiction of the United States shall, if any of 


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1 the conspirators commits an act within the jurisdiction of 

2 the United States to effect any object of the conspiracy, be 

3 punished as provided in paragraph (2). 

4 ‘‘(2) PUNISHMENT.—The punishment for an offense under 

5 paragraph (1) is— 

6 ‘‘(A) imprisonment for any term of years or for life if the 

7 offense is conspiracy to murder or kidnap; and 

8 ‘‘(B) imprisonment for not more than 35 years if the of9 fense is conspiracy to maim. 

10 ‘‘(b) OFFENSE AGAINST PROPERTY.—Whoever, within the 

11 jurisdiction of the United States, conspires with one or more 

12 persons, regardless of where such other person or persons are 

13 located, to damage or destroy specific property situated within 

14 a foreign country and belonging to a foreign government or to 

15 any political subdivision thereof with which the United States 

16 is at peace, or any railroad, canal, bridge, airport, airfield, or 

17 other public utility, public conveyance, or public structure, or 

18 any religious, educational, or cultural property so situated, 

19 shall, if any of the conspirators commits an act within the ju20 risdiction of the United States to effect any object of the con21 spiracy, be imprisoned not more than 25 years. 

22 ‘‘§ 925. Enlistment in foreign service 

23 ‘‘(a) OFFENSE.—Whoever, within the United States, enlists 

24 or enters himself, or hires or retains another to enlist or enter 

25 himself, or to go beyond the jurisdiction of the United States 

26 with intent to be enlisted or entered in the service of any for27 eign prince, state, colony, district, or people as a soldier or as 

28 a marine or seaman on board any vessel of war, letter of 

29 marque, or privateer, shall be imprisoned not more than three 

30 years. 

31 ‘‘(b) EXCLUSIONS.— 

32 ‘‘(1) This section does not apply to citizens or subjects 

33 of any country engaged in war with a country with which 

34 the United States is at war, unless such citizen or subject 

35 of such foreign country shall hire or solicit a citizen of the 

36 United States to enlist or go beyond the jurisdiction of the 

37 United States with intent to enlist or enter the service of 


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1 a foreign country. Enlistments under this subsection shall 

2 be under regulations prescribed by the Secretary of the 

3 Army. 

4 ‘‘(2) This section and sections 957 and 958 do not apply 

5 to any subject or citizen of any foreign prince, state, col6 ony, district, or people who is transiently within the United 

7 States and enlists or enters himself on board any vessel of 

8 war, letter of marque, or privateer, which at the time of its 

9 arrival within the United States was fitted and equipped as 

10 such, or hires or retains another subject or citizen of the 

11 same foreign prince, state, colony, district, or people who 

12 is transiently within the United States to enlist or enter 

13 himself to serve such foreign prince, state, colony, district, 

14 or people on board such vessel of war, letter of marque, or 

15 privateer, if the United States shall then be at peace with 

16 such foreign prince, state, colony, district, or people. 

17 ‘‘§ 926. Expedition against friendly nation 

18 ‘‘Whoever, within the United States, knowingly begins or 

19 sets on foot or provides or prepares a means for or furnishes 

20 the money for, or takes part in, any military or naval expedi21 tion or enterprise to be carried on from thence against the ter22 ritory or dominion of any foreign prince or state, or of any col23 ony, district, or people with whom the United States is at 

24 peace, shall be imprisoned not more than three years. 

25 ‘‘§ 927. Detention of armed vessel 

26 ‘‘(a) AUTHORITY OF PRESIDENT.—During a war in which 

27 the United States is a neutral nation, the President, or any 

28 person authorized by him, may detain any armed vessel owned 

29 wholly or in part by citizens of the United States, or any vessel, 

30 domestic or foreign (other than one which has entered the ports 

31 of the United States as a public vessel), which is manifestly 

32 built for warlike purposes or has been converted or adapted 

33 from a private vessel to one suitable for warlike use, until the 

34 owner or master, or person having charge of such vessel, shall 

35 furnish proof satisfactory to the President, or to the person 

36 duly authorized by him, that the vessel will not be employed to 

37 cruise against or commit or attempt to commit hostilities upon 


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1 the subjects, citizens, or property of any foreign prince or state, 

2 or of any colony, district, or people with which the United 

3 States is at peace, and that the said vessel will not be sold or 

4 delivered to any belligerent nation, or to an agent, officer, or 

5 citizen of such nation, by them or any of them, within the juris6 diction of the United States, or upon the high seas. 

7 ‘‘(b) OFFENSE.—Whoever, in violation of this section takes, 

8 or attempts to take, or authorizes the taking of any such ves9 sel, out of port or from the United States, shall be imprisoned 

10 not more than ten years. 

11 ‘‘(c) FORFEITURE.—In addition, such vessel, her tackle, ap12 parel, furniture, equipment, and her cargo shall be forfeited to 

13 the United States. 

14 ‘‘§ 928. Protection of property occupied by foreign 

15 governments 

16 ‘‘(a) PROPERTY OFFENSE.—Whoever knowingly injures, 

17 damages, or destroys, or attempts to injure, damage, or de18 stroy, any property, real or personal, located within the United 

19 States and belonging to or utilized or occupied by any foreign 

20 government or international organization, by a foreign official 

21 or official guest, shall be imprisoned not more than five years. 

22 ‘‘(b) THREAT AND HARASSMENT OFFENSE.—Whoever, 

23 knowingly with intent to intimidate, coerce, threaten, or har24 ass— 

25 ‘‘(1) forcibly thrusts any part of himself or any object 

26 within or upon that portion of any building or premises lo27 cated within the United States, which portion is used or oc28 cupied for official business or for diplomatic, consular, or 

29 residential purposes by— 

30 ‘‘(A) a foreign government, including such use as a 

31 mission to an international organization; 

32 ‘‘(B) an international organization; 

33 ‘‘(C) a foreign official; or 

34 ‘‘(D) an official guest; or 

35 ‘‘(2) refuses to depart from such portion of such building 

36 or premises after a request— 


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1 ‘‘(A) by an employee of a foreign government or of 

2 an international organization, if such employee is au3 thorized to make such request by the senior official of 

4 the unit of such government or organization which oc5 cupies such portion of such building or premises; 

6 ‘‘(B) by a foreign official or any member of the for7 eign official’s staff who is authorized by the foreign of8 ficial to make such request; 

9 ‘‘(C) by an official guest or any member of the offi10 cial guest’s staff who is authorized by the official guest 

11 to make such request; or 

12 ‘‘(D) by any person present having law enforcement 

13 powers; 

14 shall be imprisoned not more than six months. 

15 ‘‘(c) DEFINITIONS.—For the purpose of this section ‘foreign 

16 government’, ‘foreign official’, ‘international organization’, and 

17 ‘official guest’ shall have the same meanings as those provided 

18 in section 136. 

19 ‘‘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. 

20 ‘‘§ 941. Obstruction of mails generally 

21 ‘‘Whoever knowingly obstructs the passage of the mail, or 

22 any carrier or conveyance carrying the mail, shall be impris23 oned not more than six months. 

24 ‘‘§ 942. Obstruction of correspondence 

25 ‘‘Whoever takes any letter, postal card, or package out of 

26 any post office or any authorized depository for mail matter, 

27 or from any letter or mail carrier, or which has been in any 

28 post office or authorized depository, or in the custody of any 


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1 letter or mail carrier, before it has been delivered to the person 

2 to whom it was directed, with intent to obstruct the cor3 respondence, or to pry into the business or secrets of another, 

4 or opens, secretes, embezzles, or destroys the same, shall be im5 prisoned not more than five years. 

6 ‘‘§ 943. Delay or destruction of mail or newspapers 

7 ‘‘(a) MAIL MATTER.—Whoever, being a Postal Service offi8 cer or employee, unlawfully secretes, destroys, detains, delays, 

9 or opens any letter, postal card, package, bag, or mail en10 trusted to that officer or employee or which shall come into his 

11 or her possession, and which was intended to be conveyed by 

12 mail, or carried or delivered by any carrier or other employee 

13 of the Postal Service, or forwarded through or delivered from 

14 any post office or station thereof established by authority of the 

15 Postmaster General or the Postal Service, shall be imprisoned 

16 not more than five years. 

17 ‘‘(b) NEWSPAPER.—Whoever, being a Postal Service officer 

18 or employee, improperly detains, delays, or destroys any news19 paper, or permits any other person to detain, delay, or destroy 

20 the same, or opens, or permits any other person to open, any 

21 mail or package of newspapers not directed to the office where 

22 he is employed; or Whoever, without authority, opens, or de23 stroys any mail or package of newspapers not directed to him, 

24 shall be imprisoned not more than one year. 

25 ‘‘§ 944. Keys or locks stolen or reproduced 

26 ‘‘Whoever— 

27 ‘‘(1) steals, purloins, embezzles, or obtains by false pre28 tense any key suited to any lock adopted by the Post Office 

29 Department or the Postal Service and in use on any of the 

30 mails or bags thereof, or any key to any lock box, lock 

31 drawer, or other authorized receptacle for the deposit or de32 livery of mail matter; 

33 ‘‘(2) knowingly and unlawfully makes, forges, or counter34 feits any such key, or possesses any such mail lock or key 

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1 lawfully or improperly used, sold, or otherwise disposed of; 

2 or 

3 ‘‘(3) being engaged as a contractor or otherwise in the 

4 manufacture of any such mail lock or key, delivers any fin5 ished or unfinished lock or the interior part thereof, or key, 

6 used or designed for use by the department, to any person 

7 not duly authorized under the hand of the Postmaster Gen8 eral and the seal of the Post Office Department or the 

9 Postal Service, to receive the same, unless the person re10 ceiving it is the contractor for furnishing the same or en11 gaged in the manufacture thereof in the manner authorized 

12 by the contract, or the agent of such manufacturer; 

13 shall be imprisoned not more than ten years. 

14 ‘‘§ 945. Destruction of letter boxes or mail 

15 ‘‘Whoever knowingly injures, tears down or destroys any let16 ter box or other receptacle intended or used for the receipt or 

17 delivery of mail on any mail route, or breaks open the same 

18 or knowingly injures, defaces or destroys any mail deposited 

19 therein, shall be imprisoned not more than three years. 

20 ‘‘§ 946. Theft of property used by Postal Service 

21 ‘‘Whoever steals, purloins, or embezzles any property used by 

22 the Postal Service, or appropriates any such property to any 

23 other than its proper use, or conveys away any such property 

24 to the hindrance or detriment of the public service, shall be im25 prisoned not more than three years, but if the value of such 

26 property does not exceed $1,000, the offender shall be impris27 oned not more than one year. 

28 ‘‘§ 947. Theft or receipt of stolen mail matter gen29 erally 

30 ‘‘Whoever— 

31 ‘‘(1) steals, takes, or abstracts, or by fraud or deception 

32 obtains, or attempts so to obtain, from or out of any mail, 

33 post office, or station thereof, letter box, mail receptacle, or 

34 any mail route or other authorized depository for mail mat35 ter, or from a letter or mail carrier, any letter, postal card, 

36 package, bag, or mail, or abstracts or removes from any 

37 such letter, package, bag, or mail, any article or thing conVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00417 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 tained therein, or secretes, embezzles, or destroys any such 

2 letter, postal card, package, bag, or mail, or any article or 

3 thing contained therein; 

4 ‘‘(2) steals, takes, or abstracts, or by fraud or deception 

5 obtains any letter, postal card, package, bag, or mail, or 

6 any article or thing contained therein which has been left 

7 for collection upon or adjacent to a collection box or other 

8 authorized depository of mail matter; or 

9 ‘‘(3) buys, receives, or conceals, or unlawfully has in his 

10 possession, any letter, postal card, package, bag, or mail, 

11 or any article or thing contained therein, which has been 

12 so stolen, taken, embezzled, or abstracted, as herein de13 scribed, knowing the same to have been stolen, taken, em14 bezzled, or abstracted; 

15 shall be imprisoned not more than five years. 

16 ‘‘§ 948. Theft of mail matter by officer or employee 

17 ‘‘Whoever, being a Postal Service officer or employee, embez18 zles any letter, postal card, package, bag, or mail, or any article 

19 or thing contained therein entrusted to him or which comes 

20 into his possession intended to be conveyed by mail, or carried 

21 or delivered by any carrier, messenger, agent, or other person 

22 employed in any department of the Postal Service, or forwarded 

23 through or delivered from any post office or station thereof es24 tablished by authority of the Postmaster General or of the 

25 Postal Service; or steals, abstracts, or removes from any such 

26 letter, package, bag, or mail, any article or thing contained 

27 therein, shall be imprisoned not more than five years. 

28 ‘‘§ 949. Misappropriation of postal funds 

29 ‘‘(a) OFFENSE.—Whoever, being a Postal Service officer or 

30 employee, loans, uses, pledges, hypothecates, or converts to his 

31 own use, or deposits in any bank, or exchanges for other funds 

32 or property, except as authorized by law, any money or prop33 erty coming into his hands or under his control in any manner, 

34 in the execution or under color of his office, employment, or 

35 service, whether or not the same shall be the money or property 

36 of the United States; or fails or refuses to remit to or deposit 

37 in the Treasury of the United States or in a designated deposiVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00418 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 tory, or to account for or turn over to the proper officer or 

2 agent, any such money or property, when required to do so by 

3 law or the regulations of the Postal Service, or upon demand 

4 or order of the Postal Service, either directly or through a duly 

5 authorized officer or agent, is guilty of embezzlement; and 

6 every such person, as well as every other person advising or 

7 knowingly participating therein, shall be imprisoned not more 

8 than ten years; but if the amount or value thereof does not ex9 ceed $1,000, he shall be imprisoned not more than one year. 

10 ‘‘(b) EXCLUSION.—This section does not prohibit any Postal 

11 Service officer or employee from depositing, under the direction 

12 of the Postal Service, in a national bank designated by the Sec13 retary of the Treasury for that purpose, to his own credit as 

14 Postal Service officer or employee any funds in his charge, nor 

15 prevent his negotiating drafts or other evidences of debt 

16 through such bank, or through United States disbursing offi17 cers, or otherwise, when instructed or required so to do by the 

18 Postal Service, for the purpose of remitting surplus funds from 

19 one post office to another. 

20 ‘‘§ 950. Injurious articles as nonmailable 

21 ‘‘(a) IN GENERAL.—All kinds of poison, and all articles and 

22 compositions containing poison, and all poisonous animals, in23 sects, reptiles, and all explosives, inflammable materials, infer24 nal machines, and mechanical, chemical, or other devices or 

25 compositions which may ignite or explode, and all disease 

26 germs or scabs, and all other natural or artificial articles, com27 positions, or material which may kill or injure another, or in28 jure the mails or other property, whether or not sealed as first29 class matter, are nonmailable matter and shall not be conveyed 

30 in the mails or delivered from any post office or station thereof, 

31 nor by any officer or employee of the Postal Service. 

32 ‘‘(b) EXCEPTIONS.—The Postal Service may permit the 

33 transmission in the mails, under such rules and regulations as 

34 it shall prescribe as to preparation and packing, of any such 

35 articles which are not outwardly or of their own force dan36 gerous or injurious to life, health, or property. 


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1 ‘‘(c) SCORPIANS.—The Postal Service is authorized and di2 rected to permit the transmission in the mails, under regula3 tions to be prescribed by it, of live scorpions which are to be 

4 used for purposes of medical research or for the manufacture 

5 of antivenom. Such regulations shall include such provisions 

6 with respect to the packaging of such live scorpions for trans7 mission in the mails as the Postal Service deems necessary or 

8 desirable for the protection of Postal Service personnel and of 

9 the public generally and for ease of handling by such personnel 

10 and by any individual connected with such research or manu11 facture. Nothing contained in this paragraph shall be construed 

12 to authorize the transmission in the mails of live scorpions by 

13 means of aircraft engaged in the carriage of passengers for 

14 compensation or hire. 

15 ‘‘(d) POISONOUS DRUGS AND MEDICINES.—The trans16 mission in the mails of poisonous drugs and medicines may be 

17 limited by the Postal Service to shipments of such articles from 

18 the manufacturer thereof or dealer therein to licensed physi19 cians, surgeons, dentists, pharmacists, druggists, cosmetolo20 gists, barbers, and veterinarians under such rules and regula21 tions as it shall prescribe. 

22 ‘‘(e) POISONS FOR SCIENTIFIC USE.—The transmission in 

23 the mails of poisons for scientific use, and which are not out24 wardly dangerous or of their own force dangerous or injurious 

25 to life, health, or property, may be limited by the Postal Service 

26 to shipments of such articles between the manufacturers there27 of, dealers therein, bona fide research or experimental scientific 

28 laboratories, and such other persons who are employees of the 

29 Federal, a State, or local government, whose official duties are 

30 comprised, in whole or in part, of the use of such poisons, and 

31 who are designated by the head of the agency in which they 

32 are employed to receive or send such articles, under such rules 

33 and regulations as the Postal Service shall prescribe. 

34 ‘‘(f) INTOXICATING LIQUORS.—All spirituous, vinous, malted, 

35 fermented, or other intoxicating liquors of any kind are non36 mailable and shall not be deposited in or carried through the 

37 mails. 


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1 ‘‘(g) KNIVES.—All knives having a blade which opens auto2 matically (1) by hand pressure applied to a button or other de3 vice in the handle of the knife, or (2) by operation of inertia, 

4 gravity, or both, are nonmailable and shall not be deposited in 

5 or carried by the mails or delivered by any officer or employee 

6 of the Postal Service. Such knives may be conveyed in the 

7 mails, under such regulations as the Postal Service shall pre8 scribe— 

9 ‘‘(1) to civilian or Armed Forces supply or procurement 

10 officers and employees of the Federal Government ordering, 

11 procuring, or purchasing such knives in connection with the 

12 activities of the Federal Government; 

13 ‘‘(2) to supply or procurement officers of the National 

14 Guard, the Air National Guard, or militia of a State order15 ing, procuring, or purchasing such knives in connection 

16 with the activities of such organizations; 

17 ‘‘(3) to supply or procurement officers or employees of 

18 any State, or any political subdivision of a State, ordering, 

19 procuring, or purchasing such knives in connection with the 

20 activities of such government; and 

21 ‘‘(4) to manufacturers of such knives or bona fide deal22 ers therein in connection with any shipment made pursuant 

23 to an order from any person designated in paragraphs (1), 

24 (2), and (3). 

25 The Postal Service may require, as a condition of conveying 

26 any such knife in the mails, that any person proposing to mail 

27 such knife explain in writing to the satisfaction of the Postal 

28 Service that the mailing of such knife will not be in violation 

29 of this section. 

30 ‘‘(h) ADVERTISING, PROMOTIONAL, OR SALES MATTER.— 

31 Any advertising, promotional, or sales matter which solicits or 

32 induces the mailing of anything declared nonmailable by this 

33 section is likewise nonmailable unless such matter contains 

34 wrapping or packaging instructions which are in accord with 

35 regulations promulgated by the Postal Service. 

36 ‘‘(i) BALLISTIC KNIVES.— 


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1 ‘‘(1) GENERALLY.—Any ballistic knife shall be subject to 

2 the same restrictions and penalties provided under sub3 section (g) for knives described in the first sentence of that 

4 subsection. 

5 ‘‘(2) DEFINITION.—As used in this subsection, the term 

6 ‘ballistic knife’ means a knife with a detachable blade that 

7 is propelled by a spring-operated mechanism. 

8 ‘‘(j) OFFENSES.— 

9 ‘‘(1) COMPLIANCE WITH RULES AND REGULATIONS.— 

10 Whoever knowingly deposits for mailing or delivery, or 

11 knowingly causes to be delivered by mail, according to the 

12 direction thereon, or at any place at which it is directed to 

13 be delivered by the person to whom it is addressed, any14 thing declared nonmailable by this section, unless in ac15 cordance with the rules and regulations authorized to be 

16 prescribed by the Postal Service, shall be imprisoned not 

17 more than one year. 

18 ‘‘(2) WITH INTENT TO KILL OR INJURE ANOTHER OR TO

19 INJURE THE MAILS OR PROPERTY.—Whoever knowingly de20 posits for mailing or delivery, or knowingly causes to be de21 livered by mail, according to the direction thereon or at any 

22 place to which it is directed to be delivered by the person 

23 to whom it is addressed, anything declared nonmailable by 

24 this section, whether or not transmitted in accordance with 

25 the rules and regulations authorized to be prescribed by the 

26 Postal Service, with intent to kill or injure another, or in27 jure the mails or other property, shall be imprisoned not 

28 more than twenty years. 

29 ‘‘(3) DEATH PENALTY.—Whoever is convicted of any 

30 crime prohibited by this section, which has resulted in the 

31 death of any person, shall be subject also to the death pen32 alty or to imprisonment for life. 

33 ‘‘§ 951. Franking privilege 

34 ‘‘Whoever makes use of any official envelope, label, or 

35 indorsement authorized by law, to avoid the payment of postage 

36 or registry fee on his private letter, packet, package, or other 

37 matter in the mail, shall be fined under this title. 


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1 ‘‘SUBCHAPTER H—SPECIAL MARITIME AND TERRI2 TORIAL JURISDICTION OF THE UNITED STATES 

‘‘Sec. 

‘‘961. Laws of States adopted for areas within Federal jurisdiction. 

3 ‘‘§ 961. Laws of States adopted for areas within 

4 Federal jurisdiction 

5 ‘‘(a) OFFENSE.—Whoever within the reserved or acquired 

6 special maritime or territorial jurisdiction of the United States, 

7 or on, above, or below any portion of the territorial sea of the 

8 United States not within the jurisdiction of any State, is guilty 

9 of any act or omission which, although not made punishable by 

10 any enactment of Congress, would be punishable if committed 

11 or omitted within the jurisdiction of the State in which such 

12 place is situated, by the laws thereof in force at the time of 

13 such act or omission, shall be guilty of a like offense and sub14 ject to a like punishment. 

15 ‘‘(b) OPERATING A MOTOR VEHICLE UNDER THE INFLU16 ENCE OF ALCOHOL.— 

17 ‘‘(1) LIMITATION ON RIGHT OR PRIVILEGE TO OPERATE

18 A MOTOR VEHICLE.—Subject to paragraph (2) and for pur19 poses of subsection (a) of this section, that which may or 

20 shall be imposed through judicial or administrative action 

21 under the law of a State for a conviction for operating a 

22 motor vehicle under the influence of a drug or alcohol, shall 

23 be considered to be a punishment provided by that law. 

24 Any limitation on the right or privilege to operate a motor 

25 vehicle imposed under this subsection shall apply only to 

26 the special maritime and territorial jurisdiction of the 

27 United States. 

28 ‘‘(2) ADDITIONAL PUNISHMENT.—In addition to any term of 

29 imprisonment provided for operating a motor vehicle under the 

30 influence of a drug or alcohol imposed under the law of a State, 

31 the punishment for such an offense under this section shall in32 clude an additional term of imprisonment of not more than 1 

33 year, or if serious bodily injury of a child is caused, not more 

34 than 5 years, or if death of a child is caused, not more than 

35 10 years, and an additional fine under this title, or both, if— 


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1 ‘‘(A) a child (other than the offender) was present in the 

2 motor vehicle when the offense was committed; and 

3 ‘‘(B) the law of the State in which the offense occurred 

4 does not provide an additional term of imprisonment under 

5 the circumstances described in subparagraph (A). 

6 ‘‘(c) TERRITORIAL SEA.—Whenever any waters of the terri7 torial sea of the United States lie outside the territory of any 

8 State, such waters (including the airspace above and the seabed 

9 and subsoil below, and artificial islands and fixed structures 

10 erected thereon) shall be deemed, for purposes of subsection 

11 (a), to lie within the area of the State that it would lie within 

12 if the boundaries of such State were extended seaward to the 

13 outer limit of the territorial sea of the United States. 

14 ‘‘CHAPTER 29—CRIMES RELATED TO PROTEC15 TION OF GOVERNMENT FUNCTIONS AND IN16 TEGRITY 

‘‘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 

17 ‘‘SUBCHAPTER A—BRIBERY, GRAFT, AND 

18 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. 


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‘‘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. 

1 ‘‘§ 991. Bribery of public officials and witnesses 

2 ‘‘(a) DEFINITIONS.—As used in this section— 

3 ‘‘(1) the term ‘public official’ means Member of Con4 gress, Delegate, or Resident Commissioner, either before or 

5 after such official has qualified, or an officer or employee 

6 or person acting for or on behalf of the United States, or 

7 any department, agency or branch of Government thereof, 

8 including the District of Columbia, in any official function, 

9 under or by authority of any such department, agency, or 

10 branch of Government, or a juror; 

11 ‘‘(2) the term ‘person who has been selected to be a pub12 lic official’ means any person who has been nominated or 

13 appointed to be a public official, or has been officially in14 formed that such person will be so nominated or appointed; 

15 and 

16 ‘‘(3) the term ‘official act’ means any decision or action 

17 on any question, matter, cause, suit, proceeding or con18 troversy, which may at any time be pending, or which may 

19 by law be brought before any public official, in such offi20 cial’s official capacity, or in such official’s place of trust or 

21 profit. 

22 ‘‘(b) BRIBERY.—Whoever— 

23 ‘‘(1) corruptly gives, offers or promises anything of value 

24 to any public official or person who has been selected to be 


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1 a public official, or offers or promises any public official or 

2 any person who has been selected to be a public official to 

3 give anything of value to any other person or entity, with 

4 intent— 

5 ‘‘(A) to influence any official act; or 

6 ‘‘(B) to influence such public official or person who 

7 has been selected to be a public official to commit or 

8 aid in committing, or collude in, or allow, any fraud, 

9 or make opportunity for the commission of any fraud, 

10 on the United States; or 

11 ‘‘(C) to induce such public official or such person 

12 who has been selected to be a public official to do or 

13 omit to do any act in violation of the lawful duty of 

14 such official or person; 

15 ‘‘(2) being a public official or person selected to be a 

16 public official, corruptly demands, seeks, receives, accepts, 

17 or agrees to receive or accept anything of value personally 

18 or for any other person or entity, in return for— 

19 ‘‘(A) being influenced in the performance of any offi20 cial act; 

21 ‘‘(B) being influenced to commit or aid in commit22 ting, or to collude in, or allow, any fraud, or make op23 portunity for the commission of any fraud on the 

24 United States; or 

25 ‘‘(C) being induced to do or omit to do any act in 

26 violation of the official duty of such official or person; 

27 ‘‘(3) corruptly gives, offers, or promises anything of 

28 value to any person, or offers or promises such person to 

29 give anything of value to any other person or entity, with 

30 intent to influence the testimony under oath or affirmation 

31 of such first-mentioned person as a witness upon a trial, 

32 hearing, or other proceeding, before any court, any com33 mittee of either House or both Houses of Congress, or any 

34 agency, commission, or officer authorized by the laws of the 

35 United States to hear evidence or take testimony, or with 

36 intent to influence such person to absent himself therefrom; 

37 or 


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1 ‘‘(4) corruptly demands, seeks, receives, accepts, or 

2 agrees to receive or accept anything of value personally or 

3 for any other person or entity in return for being influ4 enced in testimony under oath or affirmation as a witness 

5 upon any such trial, hearing, or other proceeding, or in re6 turn for absenting himself therefrom; 

7 shall be imprisoned for not more than fifteen years and may 

8 be disqualified from holding any office of honor, trust, or profit 

9 under the United States. 

10 ‘‘(c) UNLAWFUL REWARDS.—Whoever— 

11 ‘‘(1) otherwise than as provided by law for the proper 

12 discharge of official duty— 

13 ‘‘(A) gives, offers, or promises anything of value to 

14 any public official, former public official, or person se15 lected to be a public official, for or because of any offi16 cial act performed or to be performed by such public 

17 official, former public official, or person selected to be 

18 a public official; or 

19 ‘‘(B) being a public official, former public official, or 

20 person selected to be a public official, otherwise than 

21 as provided by law for the proper discharge of official 

22 duty, demands, seeks, receives, accepts, or agrees to re23 ceive or accept anything of value personally for or be24 cause of any official act performed or to be performed 

25 by such official or person; 

26 ‘‘(2) gives, offers, or promises anything of value to any 

27 person, for or because of the testimony under oath or affir28 mation given or to be given by such person as a witness 

29 upon a trial, hearing, or other proceeding, before any court, 

30 any committee of either House or both Houses of Congress, 

31 or any agency, commission, or officer authorized by the 

32 laws of the United States to hear evidence or take testi33 mony, or for or because of such person’s absence there34 from; 

35 ‘‘(3) demands, seeks, receives, accepts, or agrees to re36 ceive or accept anything of value personally for or because 

37 of the testimony under oath or affirmation given or to be 


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1 given by such person as a witness upon any such trial, 

2 hearing, or other proceeding, or for or because of such per3 son’s absence therefrom; 

4 shall be imprisoned for not more than two years. 

5 ‘‘(d) EXCLUSION.—Paragraphs (3) and (4) of subsection (b) 

6 and paragraphs (2) and (3) of subsection (c) shall not be con7 strued to prohibit the payment or receipt of witness fees pro8 vided by law, or the payment, by the party upon whose behalf 

9 a witness is called and receipt by a witness, of the reasonable 

10 cost of travel and subsistence incurred and the reasonable value 

11 of time lost in attendance at any such trial, hearing, or pro12 ceeding, or in the case of expert witnesses, a reasonable fee for 

13 time spent in the preparation of such opinion, and in appearing 

14 and testifying. 

15 ‘‘§ 992. Definitions for certain sections 

16 ‘‘(a) 993, 995, 997, 998, AND 999.—For the purpose of sec17 tions 993, 995, 997, 998, and 999 the term ‘special Govern18 ment employee’ means— 

19 ‘‘(1) an officer or employee of the executive or legislative 

20 branch of the United States Government, of any inde21 pendent agency of the United States or of the District of 

22 Columbia, who is retained, designated, appointed, or em23 ployed to perform, with or without compensation, for not 

24 to exceed one 130 during any period of 365 consecutive 

25 days, temporary duties either on a full-time or intermittent 

26 basis, a part-time United States commissioner, a part-time 

27 United States magistrate judge, or, regardless of the num28 ber of days of appointment, an independent counsel ap29 pointed under chapter 40 of title 28 and any person ap30 pointed by that independent counsel under section 594(c) 

31 of title 28; 

32 ‘‘(2) every person serving as a part-time local representa33 tive of a Member of Congress in the Member’s home dis34 trict or State; and 

35 ‘‘(3) notwithstanding section 29(c) and (d) of the Act of 

36 August 10, 1956 (70A Stat. 632; 5 U.S.C. 30r(c) and (d)), 

37 a Reserve officer of the Armed Forces, or an officer of the 


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1 National Guard of the United States, unless otherwise an 

2 officer or employee of the United States, while on active 

3 duty solely for training; 

4 except that a Reserve officer of the Armed Forces or an officer 

5 of the National Guard of the United States who is voluntarily 

6 serving a period of extended active duty in excess of 130 days 

7 shall be classified as an officer of the United States within the 

8 meaning of section 993 and sections 995 through 999 and 

9 1005, and a Reserve officer of the Armed Forces or an officer 

10 of the National Guard of the United States who is serving in11 voluntarily shall be classified as a special Government em12 ployee. The terms ‘officer or employee’ and ‘special Government 

13 employee’ as used in sections 993, 995, 997 through 999, and 

14 1005, does not include enlisted members of the Armed Forces. 

15 ‘‘(b) 995 AND 997.—For the purposes of sections 995 and 

16 997, the term ‘official responsibility’ means the direct adminis17 trative or operating authority, whether intermediate or final, 

18 and either exercisable alone or with others, and either person19 ally or through subordinates, to approve, disapprove, or other20 wise direct Government action. 

21 ‘‘(c) EXCLUSION FROM ‘OFFICER’ AND ‘EMPLOYEE’.— Ex22 cept as otherwise provided in such sections, the terms ‘officer’ 

23 and ‘employee’ in sections 993, 995, 997 through 999, and 

24 1005 does not include the President, the Vice President, a 

25 Member of Congress, or a Federal judge. 

26 ‘‘(d) ‘MEMBER OF CONGRESS’.—The term ‘Member of Con27 gress’ in sections 994 and 997 means— 

28 ‘‘(1) a United States Senator; and 

29 ‘‘(2) a Representative in, or a Delegate or Resident Com30 missioner to, the House of Representatives. 

31 ‘‘(e) ADDITIONAL DEFINITIONS.—As used in this sub32 chapter— 

33 ‘‘(1) the term ‘executive branch’ includes each executive 

34 agency as defined in title 5, and any other entity or admin35 istrative unit in the executive branch; 

36 ‘‘(2) the term ‘judicial branch’ means the Supreme Court 

37 of the United States; the United States courts of appeals; 


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1 the United States district courts; the Court of International 

2 Trade; the United States bankruptcy courts; any court cre3 ated pursuant to article I of the United States Constitu4 tion, including the Court of Appeals for the Armed Forces, 

5 the United States Court of Federal Claims, and the United 

6 States Tax Court, but not including a court of a territory 

7 or possession of the United States; the Federal Judicial 

8 Center; and any other agency, office, or entity in the judi9 cial branch; and 

10 ‘‘(3) the term ‘legislative branch’ means— 

11 ‘‘(A) the Congress; and 

12 ‘‘(B) the Office of the Architect of the Capitol, the 

13 United States Botanic Garden, the Government Ac14 countability Office, the Government Printing Office, the 

15 Library of Congress, the Office of Technology Assess16 ment, the Congressional Budget Office, the United 

17 States Capitol Police, and any other agency, entity, of18 fice, or commission established in the legislative 

19 branch. 

20 ‘‘§ 993. Compensation to Members of Congress, of21 ficers, and others in matters affecting the 

22 Government 

23 ‘‘(a) FEDERAL MATTERS.—Whoever, otherwise than as pro24 vided by law for the proper discharge of official duties— 

25 ‘‘(1) demands, seeks, receives, accepts, or agrees to re26 ceive or accept any compensation for any representational 

27 services, as agent or attorney or otherwise, rendered or to 

28 be rendered either personally or by another— 

29 ‘‘(A) at a time when such person is a Member of 

30 Congress, Member of Congress Elect, Delegate, Dele31 gate Elect, Resident Commissioner, or Resident Com32 missioner Elect; or 

33 ‘‘(B) at a time when such person is an officer or em34 ployee or Federal judge of the United States in the ex35 ecutive, legislative, or judicial branch of the Govern36 ment, or in any agency of the United States, 


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1 in relation to any proceeding, application, request for a rul2 ing or other determination, contract, claim, controversy, 

3 charge, accusation, arrest, or other particular matter in 

4 which the United States is a party or has a direct and sub5 stantial interest, before any department, agency, court, 

6 court-martial, officer, or any civil, military, or naval com7 mission; or 

8 ‘‘(2) knowingly gives, promises, or offers any compensa9 tion for any such representational services rendered or to 

10 be rendered at a time when the person to whom the com11 pensation is given, promised, or offered, is or was such a 

12 Member, Member Elect, Delegate, Delegate Elect, Commis13 sioner, Commissioner Elect, Federal judge, officer, or em14 ployee; 

15 shall be subject to the penalties set forth in section 216 of this 

16 title. 

17 ‘‘(b) DISTRICT OF COLUMBIA.—Whoever, otherwise than as 

18 provided by law for the proper discharge of official duties— 

19 ‘‘(1) demands, seeks, receives, accepts, or agrees to re20 ceive or accept any compensation for any representational 

21 services, as agent or attorney or otherwise, rendered or to 

22 be rendered either personally or by another, at a time when 

23 such person is an officer or employee of the District of Co24 lumbia, in relation to any proceeding, application, request 

25 for a ruling or other determination, contract, claim, con26 troversy, charge, accusation, arrest, or other particular 

27 matter in which the District of Columbia is a party or has 

28 a direct and substantial interest, before any department, 

29 agency, court, officer, or commission; or 

30 ‘‘(2) knowingly gives, promises, or offers any compensa31 tion for any such representational services rendered or to 

32 be rendered at a time when the person to whom the com33 pensation is given, promised, or offered, is or was an officer 

34 or employee of the District of Columbia; 

35 shall be subject to the penalties set forth in section 216 of this 

36 title. 


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1 ‘‘(c) SPECIAL GOVERNMENT EMPLOYEES.—A special Gov2 ernment employee shall be subject to subsections (a) and (b) 

3 only in relation to a particular matter involving a specific party 

4 or parties— 

5 ‘‘(1) in which such employee has at any time participated 

6 personally and substantially as a Government employee or 

7 as a special Government employee through decision, ap8 proval, disapproval, recommendation, the rendering of ad9 vice, investigation or otherwise; or 

10 ‘‘(2) which is pending in the department or agency of the 

11 Government in which such employee is serving except that 

12 paragraph (2) of this subsection shall not apply in the case 

13 of a special Government employee who has served in such 

14 department or agency no more than sixty days during the 

15 immediately preceding period of three hundred and sixty16 five consecutive days. 

17 ‘‘(d) EXCLUSION.—Nothing in this section prevents an offi18 cer or employee, including a special Government employee, 

19 from acting, with or without compensation, as agent or attor20 ney for or otherwise representing his parents, spouse, child, or 

21 any person for whom, or for any estate for which, he is serving 

22 as guardian, executor, administrator, trustee, or other personal 

23 fiduciary except— 

24 ‘‘(1) in those matters in which he has participated per25 sonally and substantially as a Government employee or as 

26 a special Government employee through decision, approval, 

27 disapproval, recommendation, the rendering of advice, in28 vestigation, or otherwise; or 

29 ‘‘(2) in those matters that are the subject of his official 

30 responsibility, 

31 subject to approval by the Government official responsible for 

32 appointment to his position. 

33 ‘‘(e) CERTIFICATION OF NATIONAL INTEREST.—Nothing in 

34 this section prevents a special Government employee from act35 ing as agent or attorney for another person in the performance 

36 of work under a grant by, or a contract with or for the benefit 

37 of, the United States if the head of the department or agency 


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1 concerned with the grant or contract certifies in writing that 

2 the national interest so requires and publishes such certifi3 cation in the Federal Register. 

4 ‘‘(f) TESTIMONY AND STATEMENTS.—Nothing in this section 

5 prevents an individual from giving testimony under oath or 

6 from making statements required to be made under penalty of 

7 perjury. 

8 ‘‘§ 994. Practice in United States Court of Federal 

9 Claims or the United States Court of Ap10 peals for the Federal Circuit by Members 

11 of Congress 

12 ‘‘Whoever, being a Member of Congress or Member of Con13 gress Elect, practices in the United States Court of Federal 

14 Claims or the United States Court of Appeals for the Federal 

15 Circuit shall be subject to the penalties set forth in section 

16 1004 of this title. 

17 ‘‘§ 995. Activities of officers and employees in 

18 claims against and other matters affecting 

19 the Government 

20 ‘‘(a) FEDERAL MATTERS.—Whoever, being an officer or em21 ployee of the United States in the executive, legislative, or judi22 cial branch of the Government or in any agency of the United 

23 States, other than in the proper discharge of his official du24 ties— 

25 ‘‘(1) acts as agent or attorney for prosecuting any claim 

26 against the United States, or receives any gratuity, or any 

27 share of or interest in any such claim, in consideration of 

28 assistance in the prosecution of such claim; or 

29 ‘‘(2) acts as agent or attorney for anyone before any de30 partment, agency, court, court-martial, officer, or civil, 

31 military, or naval commission in connection with any cov32 ered matter in which the United States is a party or has 

33 a direct and substantial interest; 

34 shall be subject to the penalties set forth in section 216 of this 

35 title. 

36 ‘‘(b) DISTRICT OF COLUMBIA.—Whoever, being an officer or 

37 employee of the District of Columbia or an officer or employee 


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1 of the Office of the United States Attorney for the District of 

2 Columbia, otherwise than in the proper discharge of official du3 ties— 

4 ‘‘(1) acts as agent or attorney for prosecuting any claim 

5 against the District of Columbia, or receives any gratuity, 

6 or any share of or interest in any such claim in consider7 ation of assistance in the prosecution of such claim; or 

8 ‘‘(2) acts as agent or attorney for anyone before any de9 partment, agency, court, officer, or commission in connec10 tion with any covered matter in which the District of Co11 lumbia is a party or has a direct and substantial interest; 

12 shall be subject to the penalties set forth in section 216 of this 

13 title. 

14 ‘‘(c) SPECIAL GOVERNMENT EMPLOYEES.—A special Gov15 ernment employee shall be subject to subsections (a) and (b) 

16 only in relation to a covered matter involving a specific party 

17 or parties— 

18 ‘‘(1) in which he has at any time participated personally 

19 and substantially as a Government employee or special 

20 Government employee through decision, approval, dis21 approval, recommendation, the rendering of advice, inves22 tigation, or otherwise; or 

23 ‘‘(2) which is pending in the department or agency of the 

24 Government in which he is serving. 

25 Paragraph (2) shall not apply in the case of a special Govern26 ment employee who has served in such department or agency 

27 no more than sixty days during the immediately preceding pe28 riod of three hundred and sixty-five consecutive days. 

29 ‘‘(d) EXCLUSION WITH RESPECT TO CERTAIN PERSONS.— 

30 ‘‘(1) GENERALLY.—Nothing in subsection (a) or (b) pre31 vents an officer or employee, if not inconsistent with the 

32 faithful performance of that officer’s or employee’s duties, 

33 from acting without compensation as agent or attorney for, 

34 or otherwise representing— 

35 ‘‘(A) any person who is the subject of disciplinary, 

36 loyalty, or other personnel administration proceedings 

37 in connection with those proceedings; or 


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1 ‘‘(B) except as provided in paragraph (2), any coop2 erative, voluntary, professional, recreational, or similar 

3 organization or group not established or operated for 

4 profit, if a majority of the organization’s or group’s 

5 members are current officers or employees of the 

6 United States or of the District of Columbia, or their 

7 spouses or dependent children. 

8 ‘‘(2) EXCEPTION.—Paragraph (1)(B) does not apply 

9 with respect to a covered matter that— 

10 ‘‘(A) is a claim under subsection (a)(1) or (b)(1); 

11 ‘‘(B) is a judicial or administrative proceeding where 

12 the organization or group is a party; or 

13 ‘‘(C) involves a grant, contract, or other agreement 

14 (including a request for any such grant, contract, or 

15 agreement) providing for the disbursement of Federal 

16 funds to the organization or group. 

17 ‘‘(e) EXCLUSION WITH RESPECT FAMILY MEMBERS.—Noth18 ing in subsection (a) or (b) prevents an officer or employee, in19 cluding a special Government employee, from acting, with or 

20 without compensation, as agent or attorney for, or otherwise 

21 representing, his parents, spouse, child, or any person for 

22 whom, or for any estate for which, he is serving as guardian, 

23 executor, administrator, trustee, or other personal fiduciary ex24 cept— 

25 ‘‘(1) in those matters in which he has participated per26 sonally and substantially as a Government employee or spe27 cial Government employee through decision, approval, dis28 approval, recommendation, the rendering of advice, inves29 tigation, or otherwise, or 

30 ‘‘(2) in those matters which are the subject of his official 

31 responsibility, 

32 subject to approval by the Government official responsible for 

33 appointment to his position. 

34 ‘‘(f) CERTIFICATION OF NATIONAL INTEREST.—Nothing in 

35 subsection (a) or (b) prevents a special Government employee 

36 from acting as agent or attorney for another person in the per37 formance of work under a grant by, or a contract with or for 


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1 the benefit of, the United States if the head of the department 

2 or agency concerned with the grant or contract certifies in writ3 ing that the national interest so requires and publishes such 

4 certification in the Federal Register. 

5 ‘‘(g) TESTIMONY AND STATEMENTS.—Nothing in this sec6 tion prevents an officer or employee from giving testimony 

7 under oath or from making statements required to be made 

8 under penalty for perjury or contempt. 

9 ‘‘(h) DEFINITION.—For the purpose of this section, the term 

10 ‘covered matter’ means any judicial or other proceeding, appli11 cation, request for a ruling or other determination, contract, 

12 claim, controversy, investigation, charge, accusation, arrest, or 

13 other particular matter. 

14 ‘‘(i) ADDITIONAL EXCLUSIONS.—Nothing in this section pre15 vents an employee from acting pursuant to— 

16 ‘‘(1) chapter 71 of title 5; 

17 ‘‘(2) section 1004 or chapter 12 of title 39; 

18 ‘‘(3) section 3 of the Tennessee Valley Authority Act of 

19 1933 (16 U.S.C. 831b); 

20 ‘‘(4) chapter 10 of title I of the Foreign Service Act of 

21 1980 (22 U.S.C. 4104 et seq.); or 

22 ‘‘(5) any provision of any other Federal or District of 

23 Columbia law that authorizes labor-management relations 

24 between an agency or instrumentality of the United States 

25 or the District of Columbia and any labor organization that 

26 represents its employees. 

27 ‘‘§ 996. Exemption of retired officers of the uni28 formed services 

29 ‘‘Sections 993 and 995 of this title shall not apply to a re30 tired officer of the uniformed services of the United States 

31 while not on active duty and not otherwise an officer or em32 ployee of the United States, or to any person specially excepted 

33 by Act of Congress. 


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1 ‘‘§ 997. Restrictions on former officers, employees, 

2 and elected officials of the executive and 

3 legislative branches 

4 ‘‘(a) RESTRICTIONS ON ALL OFFICERS AND EMPLOYEES OF

5 THE EXECUTIVE BRANCH AND CERTAIN OTHER AGENCIES.— 

6 ‘‘(1) PERMANENT RESTRICTIONS ON REPRESENTATION

7 ON PARTICULAR MATTERS.—Whoever is an officer or em8 ployee (including any special Government employee) of the 

9 executive branch of the United States (including any inde10 pendent agency of the United States), or of the District of 

11 Columbia, and who, after the termination of his or her 

12 service or employment with the United States or the Dis13 trict of Columbia, knowingly makes, with the intent to in14 fluence, any communication to or appearance before any of15 ficer or employee of any department, agency, court, or 

16 court-martial of the United States or the District of Co17 lumbia, on behalf of any other person (except the United 

18 States or the District of Columbia) in connection with a 

19 particular matter— 

20 ‘‘(A) in which the United States or the District of 

21 Columbia is a party or has a direct and substantial in22 terest, 

23 ‘‘(B) in which the person participated personally and 

24 substantially as such officer or employee, and 

25 ‘‘(C) which involved a specific party or specific par26 ties at the time of such participation, 

27 shall be punished as provided in section 1004 of this title. 

28 ‘‘(2) TWO-YEAR RESTRICTIONS CONCERNING PAR29 TICULAR MATTERS UNDER OFFICIAL RESPONSIBILITY.— 

30 Any person subject to the restrictions contained in para31 graph (1) who, within 2 years after the termination of his 

32 or her service or employment with the United States or the 

33 District of Columbia, knowingly makes, with the intent to 

34 influence, any communication to or appearance before any 

35 officer or employee of any department, agency, court, or 

36 court-martial of the United States or the District of Co37 lumbia, on behalf of any other person (except the United 


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•HR 1772 IH 

1 States or the District of Columbia), in connection with a 

2 particular matter— 

3 ‘‘(A) in which the United States or the District of 

4 Columbia is a party or has a direct and substantial in5 terest, 

6 ‘‘(B) which such person knows or reasonably should 

7 know was actually pending under his or her official re8 sponsibility as such officer or employee within a period 

9 of 1 year before the termination of his or her service 

10 or employment with the United States or the District 

11 of Columbia, and 

12 ‘‘(C) which involved a specific party or specific par13 ties at the time it was so pending, 

14 shall be punished as provided in section 1004. 

15 ‘‘(3) CLARIFICATION OF RESTRICTIONS.—The restric16 tions contained in paragraphs (1) and (2) shall apply— 

17 ‘‘(A) in the case of an officer or employee of the ex18 ecutive branch of the United States (including any 

19 independent agency), only with respect to communica20 tions to or appearances before any officer or employee 

21 of any department, agency, court, or court-martial of 

22 the United States on behalf of any other person (except 

23 the United States), and only with respect to a matter 

24 in which the United States is a party or has a direct 

25 and substantial interest; and 

26 ‘‘(B) in the case of an officer or employee of the Dis27 trict of Columbia, only with respect to communications 

28 to or appearances before any officer or employee of any 

29 department, agency, or court of the District of Colum30 bia on behalf of any other person (except the District 

31 of Columbia), and only with respect to a matter in 

32 which the District of Columbia is a party or has a di33 rect and substantial interest. 

34 ‘‘(b) ONE-YEAR RESTRICTIONS ON AIDING OR ADVISING.— 

35 ‘‘(1) IN GENERAL.—Any person who is a former officer 

36 or employee of the executive branch of the United States 

37 (including any independent agency) and is subject to the 


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1 restrictions contained in subsection (a)(1), or any person 

2 who is a former officer or employee of the legislative branch 

3 or a former Member of Congress, who personally and sub4 stantially participated in any ongoing trade or treaty nego5 tiation on behalf of the United States within the 1-year pe6 riod preceding the date on which his or her service or em7 ployment with the United States terminated, and who had 

8 access to information concerning such trade or treaty nego9 tiation which is exempt from disclosure under section 552 

10 of title 5, which is so designated by the appropriate depart11 ment or agency, and which the person knew or should have 

12 known was so designated, shall not, on the basis of that in13 formation, knowingly represent, aid, or advise any other 

14 person (except the United States) concerning such ongoing 

15 trade or treaty negotiation for a period of 1 year after his 

16 or her service or employment with the United States termi17 nates. Whoever violates this subsection shall be punished as 

18 provided in section 1004 of this title. 

19 ‘‘(2) DEFINITION.—For purposes of this paragraph— 

20 ‘‘(A) the term ‘trade negotiation’ means negotiations 

21 which the President determines to undertake to enter 

22 into a trade agreement pursuant to section 1102 of the 

23 Omnibus Trade and Competitiveness Act of 1988, and 

24 does not include any action taken before that deter25 mination is made; and 

26 ‘‘(B) the term ‘treaty’ means an international agree27 ment made by the President that requires the advice 

28 and consent of the Senate. 

29 ‘‘(c) ONE-YEAR RESTRICTIONS ON CERTAIN SENIOR PER30 SONNEL OF THE EXECUTIVE BRANCH AND INDEPENDENT

31 AGENCIES.— 

32 ‘‘(1) RESTRICTIONS.—In addition to the restrictions set 

33 forth in subsections (a) and (b), any person who is an offi34 cer or employee (including any special Government em35 ployee) of the executive branch of the United States (in36 cluding an independent agency), who is referred to in para37 graph (2), and who, within 1 year after the termination of 


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1 his or her service or employment as such officer or em2 ployee, knowingly makes, with the intent to influence, any 

3 communication to or appearance before any officer or em4 ployee of the department or agency in which such person 

5 served within 1 year before such termination, on behalf of 

6 any other person (except the United States), in connection 

7 with any matter on which such person seeks official action 

8 by any officer or employee of such department or agency, 

9 shall be punished as provided in section 1004 of this title. 

10 ‘‘(2) PERSONS TO WHOM RESTRICTIONS APPLY.—(A) 

11 Paragraph (1) shall apply to a person (other than a person 

12 subject to the restrictions of subsection (d))— 

13 ‘‘(i) employed at a rate of pay specified in or fixed 

14 according to subchapter II of chapter 53 of title 5, 

15 ‘‘(ii) employed in a position which is not referred to 

16 in clause (i) and for which that person is paid at a rate 

17 of basic pay which is equal to or greater than 86.5 per18 cent of the rate of basic pay for level II of the Execu19 tive Schedule, or, for a period of 2 years following the 

20 enactment of the National Defense Authorization Act 

21 for Fiscal Year 2004, a person who, on the day prior 

22 to the enactment of that Act, was employed in a posi23 tion which is not referred to in clause (i) and for which 

24 the rate of basic pay, exclusive of any locality-based 

25 pay adjustment under section 5304 or section 5304a of 

26 title 5, was equal to or greater than the rate of basic 

27 pay payable for level 5 of the Senior Executive Service 

28 on the day prior to the enactment of that Act, 

29 ‘‘(iii) appointed by the President to a position under 

30 section 105(a)(2)(B) of title 3 or by the Vice President 

31 to a position under section 106(a)(1)(B) of title 3, 

32 ‘‘(iv) employed in a position which is held by an ac33 tive duty commissioned officer of the uniformed serv34 ices who is serving in a grade or rank for which the 

35 pay grade (as specified in section 201 of title 37) is pay 

36 grade O–7 or above, or 


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1 ‘‘(v) assigned from a private sector organization to 

2 an agency under chapter 37 of title 5. 

3 ‘‘(B) Paragraph (1) shall not apply to a special Govern4 ment employee who serves less than 60 days in the 1-year 

5 period before his or her service or employment as such em6 ployee terminates. 

7 ‘‘(C) At the request of a department or agency, the Di8 rector of the Office of Government Ethics may waive the 

9 restrictions contained in paragraph (1) with respect to any 

10 position, or category of positions, referred to in clause (ii) 

11 or (iv) of subparagraph (A), in such department or agency 

12 if the Director determines that— 

13 ‘‘(i) the imposition of the restrictions with respect to 

14 such position or positions would create an undue hard15 ship on the department or agency in obtaining qualified 

16 personnel to fill such position or positions, and 

17 ‘‘(ii) granting the waiver would not create the poten18 tial for use of undue influence or unfair advantage. 

19 ‘‘(d) RESTRICTIONS ON VERY SENIOR PERSONNEL OF THE

20 EXECUTIVE BRANCH AND INDEPENDENT AGENCIES.— 

21 ‘‘(1) RESTRICTIONS.—In addition to the restrictions set 

22 forth in subsections (a) and (b), any person who— 

23 ‘‘(A) serves in the position of Vice President of the 

24 United States, 

25 ‘‘(B) is employed in a position in the executive 

26 branch of the United States (including any independent 

27 agency) at a rate of pay payable for level I of the Exec28 utive Schedule or employed in a position in the Execu29 tive Office of the President at a rate of pay payable for 

30 level II of the Executive Schedule, or 

31 ‘‘(C) is appointed by the President to a position 

32 under section 105(a)(2)(A) of title 3 or by the Vice 

33 President to a position under section 106(a)(1)(A) of 

34 title 3, 

35 and who, within 1 year after the termination of that per36 son’s service in that position, knowingly makes, with the in37 tent to influence, any communication to or appearance beVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00441 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 fore any person described in paragraph (2), on behalf of 

2 any other person (except the United States), in connection 

3 with any matter on which such person seeks official action 

4 by any officer or employee of the executive branch of the 

5 United States, shall be punished as provided in section 

6 1004 of this title. 

7 ‘‘(2) PERSONS WHO MAY NOT BE CONTACTED.—The per8 sons referred to in paragraph (1) with respect to appear9 ances or communications by a person in a position de10 scribed in subparagraph (A), (B), or (C) of paragraph (1) 

11 are— 

12 ‘‘(A) any officer or employee of any department or 

13 agency in which such person served in such position 

14 within a period of 1 year before such person’s service 

15 or employment with the United States Government ter16 minated, and 

17 ‘‘(B) any person appointed to a position in the exec18 utive branch which is listed in section 5312, 5313, 

19 5314, 5315, or 5316 of title 5. 

20 ‘‘(e) RESTRICTIONS ON MEMBERS OF CONGRESS AND OFFI21 CERS AND EMPLOYEES OF THE LEGISLATIVE BRANCH.— 

22 ‘‘(1) MEMBERS OF CONGRESS AND ELECTED OFFI23 CERS.—(A) Any person who is a Member of Congress or 

24 an elected officer of either House of Congress and who, 

25 within 1 year after that person leaves office, knowingly 

26 makes, with the intent to influence, any communication to 

27 or appearance before any of the persons described in sub28 paragraph (B) or (C), on behalf of any other person (ex29 cept the United States) in connection with any matter on 

30 which such former Member of Congress or elected officer 

31 seeks action by a Member, officer, or employee of either 

32 House of Congress, in his or her official capacity, shall be 

33 punished as provided in section 1004 of this title. 

34 ‘‘(B) The persons referred to in subparagraph (A) with 

35 respect to appearances or communications by a former 

36 Member of Congress are any Member, officer, or employee 


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1 of either House of Congress, and any employee of any other 

2 legislative office of the Congress. 

3 ‘‘(C) The persons referred to in subparagraph (A) with 

4 respect to appearances or communications by a former 

5 elected officer are any Member, officer, or employee of the 

6 House of Congress in which the elected officer served. 

7 ‘‘(2) PERSONAL STAFF.—(A) Any person who is an em8 ployee of a Senator or an employee of a Member of the 

9 House of Representatives and who, within 1 year after the 

10 termination of that employment, knowingly makes, with the 

11 intent to influence, any communication to or appearance 

12 before any of the persons described in subparagraph (B), 

13 on behalf of any other person (except the United States) 

14 in connection with any matter on which such former em15 ployee seeks action by a Member, officer, or employee of ei16 ther House of Congress, in his or her official capacity, shall 

17 be punished as provided in section 1004 of this title. 

18 ‘‘(B) The persons referred to in subparagraph (A) with 

19 respect to appearances or communications by a person who 

20 is a former employee are the following: 

21 ‘‘(i) The Senator or Member of the House of Rep22 resentatives for whom that person was an employee. 

23 ‘‘(ii) Any employee of that Senator or Member of the 

24 House of Representatives. 

25 ‘‘(3) COMMITTEE STAFF.—Any person who is an em26 ployee of a committee of Congress and who, within 1 year 

27 after the termination of that person’s employment on such 

28 committee, knowingly makes, with the intent to influence, 

29 any communication to or appearance before any person who 

30 is a Member or an employee of that committee or who was 

31 a Member of the committee in the year immediately prior 

32 to the termination of such person’s employment by the 

33 committee, on behalf of any other person (except the 

34 United States) in connection with any matter on which 

35 such former employee seeks action by a Member, officer, or 

36 employee of either House of Congress, in his or her official 


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1 capacity, shall be punished as provided in section 1004 of 

2 this title. 

3 ‘‘(4) LEADERSHIP STAFF.—(A) Any person who is an 

4 employee on the leadership staff of the House of Represent5 atives or an employee on the leadership staff of the Senate 

6 and who, within 1 year after the termination of that per7 son’s employment on such staff, knowingly makes, with the 

8 intent to influence, any communication to or appearance 

9 before any of the persons described in subparagraph (B), 

10 on behalf of any other person (except the United States) 

11 in connection with any matter on which such former em12 ployee seeks action by a Member, officer, or employee of ei13 ther House of Congress, in his or her official capacity, shall 

14 be punished as provided in section 1004 of this title. 

15 ‘‘(B) The persons referred to in subparagraph (A) with 

16 respect to appearances or communications by a former em17 ployee are the following: 

18 ‘‘(i) In the case of a former employee on the leader19 ship staff of the House of Representatives, those per20 sons are any Member of the leadership of the House 

21 of Representatives and any employee on the leadership 

22 staff of the House of Representatives. 

23 ‘‘(ii) In the case of a former employee on the leader24 ship staff of the Senate, those persons are any Member 

25 of the leadership of the Senate and any employee on 

26 the leadership staff of the Senate. 

27 ‘‘(5) OTHER LEGISLATIVE OFFICES.—(A) Any person 

28 who is an employee of any other legislative office of the 

29 Congress and who, within 1 year after the termination of 

30 that person’s employment in such office, knowingly makes, 

31 with the intent to influence, any communication to or ap32 pearance before any of the persons described in subpara33 graph (B), on behalf of any other person (except the 

34 United States) in connection with any matter on which 

35 such former employee seeks action by any officer or em36 ployee of such office, in his or her official capacity, shall 

37 be punished as provided in section 1004 of this title. 


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1 ‘‘(B) The persons referred to in subparagraph (A) with 

2 respect to appearances or communications by a former em3 ployee are the employees and officers of the former legisla4 tive office of the Congress of the former employee. 

5 ‘‘(6) LIMITATION ON RESTRICTIONS.—(A) The restric6 tions contained in paragraphs (2), (3), and (4) apply only 

7 to acts by a former employee who, for at least 60 days, in 

8 the aggregate, during the 1-year period before that former 

9 employee’s service as such employee terminated, was paid 

10 a rate of basic pay equal to or greater than an amount 

11 which is 75 percent of the basic rate of pay payable for a 

12 Member of the House of Congress in which such employee 

13 was employed. 

14 ‘‘(B) The restrictions contained in paragraph (5) apply 

15 only to acts by a former employee who, for at least 60 

16 days, in the aggregate, during the 1-year period before that 

17 former employee’s service as such employee terminated, was 

18 employed in a position for which the rate of basic pay, ex19 clusive of any locality-based pay adjustment under section 

20 5302 of title 5 (or any comparable adjustment pursuant to 

21 interim authority of the President), is equal to or greater 

22 than the basic rate of pay payable for level V of the Senior 

23 Executive Service. 

24 ‘‘(7) DEFINITIONS.—As used in this subsection— 

25 ‘‘(A) the term ‘committee of Congress’ includes 

26 standing committees, joint committees, and select com27 mittees; 

28 ‘‘(B) a person is an employee of a House of Congress 

29 if that person is an employee of the Senate or an em30 ployee of the House of Representatives; 

31 ‘‘(C) the term ‘employee of the House of Representa32 tives’ means an employee of a Member of the House of 

33 Representatives, an employee of a committee of the 

34 House of Representatives, an employee of a joint com35 mittee of the Congress whose pay is disbursed by the 

36 Clerk of the House of Representatives, and an emVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00445 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 ployee on the leadership staff of the House of Rep2 resentatives; 

3 ‘‘(D) the term ‘employee of the Senate’ means an 

4 employee of a Senator, an employee of a committee of 

5 the Senate, an employee of a joint committee of the 

6 Congress whose pay is disbursed by the Secretary of 

7 the Senate, and an employee on the leadership staff of 

8 the Senate; 

9 ‘‘(E) a person is an employee of a Member of the 

10 House of Representatives if that person is an employee 

11 of a Member of the House of Representatives under the 

12 clerk hire allowance; 

13 ‘‘(F) a person is an employee of a Senator if that 

14 person is an employee in a position in the office of a 

15 Senator; 

16 ‘‘(G) the term ‘employee of any other legislative of17 fice of the Congress’ means an officer or employee of 

18 the Architect of the Capitol, the United States Botanic 

19 Garden, the Government Accountability Office, the 

20 Government Printing Office, the Library of Congress, 

21 the Office of Technology Assessment, the Congressional 

22 Budget Office, the Copyright Royalty Tribunal, the 

23 United States Capitol Police, and any other agency, en24 tity, or office in the legislative branch not covered by 

25 paragraph (1), (2), (3), or (4) of this subsection; 

26 ‘‘(H) the term ‘employee on the leadership staff of 

27 the House of Representatives’ means an employee of 

28 the office of a Member of the leadership of the House 

29 of Representatives described in subparagraph (L), and 

30 any elected minority employee of the House of Rep31 resentatives; 

32 ‘‘(I) the term ‘employee on the leadership staff of the 

33 Senate’ means an employee of the office of a Member 

34 of the leadership of the Senate described in subpara35 graph (M); 

36 ‘‘(J) the term ‘Member of Congress’ means a Sen37 ator or a Member of the House of Representatives; 


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1 ‘‘(K) the term ‘Member of the House of Representa2 tives’ means a Representative in, or a Delegate or Resi3 dent Commissioner to, the Congress; 

4 ‘‘(L) the term ‘Member of the leadership of the 

5 House of Representatives’ means the Speaker, majority 

6 leader, minority leader, majority whip, minority whip, 

7 chief deputy majority whip, chief deputy minority whip, 

8 chairman of the Democratic Steering Committee, chair9 man and vice chairman of the Democratic Caucus, 

10 chairman, vice chairman, and secretary of the Repub11 lican Conference, chairman of the Republican Research 

12 Committee, and chairman of the Republican Policy 

13 Committee, of the House of Representatives (or any 

14 similar position created on or after the effective date 

15 set forth in section 102(a) of the Ethics Reform Act of 

16 1989); and 

17 ‘‘(M) the term ‘Member of the leadership of the Sen18 ate’ means the Vice President, and the President pro 

19 tempore, Deputy President pro tempore, majority lead20 er, minority leader, majority whip, minority whip, 

21 chairman and secretary of the Conference of the Major22 ity, chairman and secretary of the Conference of the 

23 Minority, chairman and co-chairman of the Majority 

24 Policy Committee, and chairman of the Minority Policy 

25 Committee, of the Senate (or any similar position cre26 ated on or after the effective date set forth in section 

27 102(a) of the Ethics Reform Act of 1989). 

28 ‘‘(f) RESTRICTIONS RELATING TO FOREIGN ENTITIES.— 

29 ‘‘(1) RESTRICTIONS.—Any person who is subject to the 

30 restrictions contained in subsection (c), (d), or (e) and who 

31 knowingly, within 1 year after leaving the position, office, 

32 or employment referred to in such subsection— 

33 ‘‘(A) represents a foreign entity before any officer or 

34 employee of any department or agency of the United 

35 States with the intent to influence a decision of such 

36 officer or employee in carrying out his or her official 

37 duties, or 


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1 ‘‘(B) aids or advises a foreign entity with the intent 

2 to influence a decision of any officer or employee of any 

3 department or agency of the United States, in carrying 

4 out his or her official duties, 

5 shall be punished as provided in section 1004 of this title. 

6 ‘‘(2) SPECIAL RULE FOR TRADE REPRESENTATIVE.— 

7 With respect to a person who is the United States Trade 

8 Representative or Deputy United States Trade Representa9 tive, the restrictions described in paragraph (1) shall apply 

10 to representing, aiding, or advising foreign entities at any 

11 time after the termination of that person’s service as the 

12 United States Trade Representative. 

13 ‘‘(3) DEFINITION.—For purposes of this subsection, the 

14 term ‘foreign entity’ means the government of a foreign 

15 country as defined in section 1(e) of the Foreign Agents 

16 Registration Act of 1938, as amended, or a foreign political 

17 party as defined in section 1(f) of that Act. 

18 ‘‘(g) SPECIAL RULES FOR DETAILEES.—For purposes of this 

19 section, a person who is detailed from one department, agency, 

20 or other entity to another department, agency, or other entity 

21 shall, during the period such person is detailed, be deemed to 

22 be an officer or employee of both departments, agencies, or 

23 such entities. 

24 ‘‘(h) DESIGNATIONS OF SEPARATE STATUTORY AGENCIES

25 AND BUREAUS.— 

26 ‘‘(1) DESIGNATIONS.—For purposes of subsection (c) 

27 and except as provided in paragraph (2), whenever the Di28 rector of the Office of Government Ethics determines that 

29 an agency or bureau within a department or agency in the 

30 executive branch exercises functions which are distinct and 

31 separate from the remaining functions of the department or 

32 agency and that there exists no potential for use of undue 

33 influence or unfair advantage based on past Government 

34 service, the Director shall by rule designate such agency or 

35 bureau as a separate department or agency. On an annual 

36 basis the Director of the Office of Government Ethics shall 

37 review the designations and determinations made under 


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1 this subparagraph and, in consultation with the department 

2 or agency concerned, make such additions and deletions as 

3 are necessary. Departments and agencies shall cooperate to 

4 the fullest extent with the Director of the Office of Govern5 ment Ethics in the exercise of his or her responsibilities 

6 under this paragraph. 

7 ‘‘(2) INAPPLICABILITY OF DESIGNATIONS.—No agency or 

8 bureau within the Executive Office of the President may be 

9 designated under paragraph (1) as a separate department 

10 or agency. No designation under paragraph (1) shall apply 

11 to persons referred to in subsection (c)(2)(A)(i) or (iii). 

12 ‘‘(i) DEFINITIONS.—For purposes of this section— 

13 ‘‘(1) the term ‘officer or employee’, when used to de14 scribe the person to whom a communication is made or be15 fore whom an appearance is made, with the intent to influ16 ence, shall include— 

17 ‘‘(A) in subsections (a), (c), and (d), the President 

18 and the Vice President; and 

19 ‘‘(B) in subsection (f), the President, the Vice Presi20 dent, and Members of Congress; 

21 ‘‘(2) the term ‘participated’ means an action taken as an 

22 officer or employee through decision, approval, disapproval, 

23 recommendation, the rendering of advice, investigation, or 

24 other such action; and 

25 ‘‘(3) the term ‘particular matter’ includes any investiga26 tion, application, request for a ruling or determination, 

27 rulemaking, contract, controversy, claim, charge, accusa28 tion, arrest, or judicial or other proceeding. 

29 ‘‘(j) EXCEPTIONS.— 

30 ‘‘(1) OFFICIAL GOVERNMENT DUTIES.—The restrictions 

31 contained in this section shall not apply to acts done in car32 rying out official duties on behalf of the United States or 

33 the District of Columbia or as an elected official of a State 

34 or local government. 

35 ‘‘(2) STATE AND LOCAL GOVERNMENTS AND INSTITU36 TIONS, HOSPITALS, AND ORGANIZATIONS.—The restrictions 

37 contained in subsections (c), (d), and (e) shall not apply to 


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1 acts done in carrying out official duties as an employee 

2 of— 

3 ‘‘(A) an agency or instrumentality of a State or local 

4 government if the appearance, communication, or rep5 resentation is on behalf of such government, or 

6 ‘‘(B) an accredited, degree-granting institution of 

7 higher education, as defined in section 101 of the 

8 Higher Education Act of 1965, or a hospital or medical 

9 research organization, exempted and defined under sec10 tion 501(c)(3) of the Internal Revenue Code of 1986, 

11 if the appearance, communication, or representation is 

12 on behalf of such institution, hospital, or organization. 

13 ‘‘(3) INTERNATIONAL ORGANIZATIONS.—The restrictions 

14 contained in this section shall not apply to an appearance 

15 or communication on behalf of, or advice or aid to, an 

16 international organization in which the United States par17 ticipates, if the Secretary of State certifies in advance that 

18 such activity is in the interests of the United States. 

19 ‘‘(4) SPECIAL KNOWLEDGE.—The restrictions contained 

20 in subsections (c), (d), and (e) shall not prevent an indi21 vidual from making or providing a statement, which is 

22 based on the individual’s own special knowledge in the par23 ticular area that is the subject of the statement, if no com24 pensation is thereby received. 

25 ‘‘(5) EXCEPTION FOR SCIENTIFIC OR TECHNOLOGICAL

26 INFORMATION.—The restrictions contained in subsections 

27 (a), (c), and (d) shall not apply with respect to the making 

28 of communications solely for the purpose of furnishing sci29 entific or technological information, if such communications 

30 are made under procedures acceptable to the department or 

31 agency concerned or if the head of the department or agen32 cy concerned with the particular matter, in consultation 

33 with the Director of the Office of Government Ethics, 

34 makes a certification, published in the Federal Register, 

35 that the former officer or employee has outstanding quali36 fications in a scientific, technological, or other technical 

37 discipline, and is acting with respect to a particular matter 


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1 which requires such qualifications, and that the national in2 terest would be served by the participation of the former 

3 officer or employee. For purposes of this paragraph, the 

4 term ‘officer or employee’ includes the Vice President. 

5 ‘‘(6) EXCEPTION FOR TESTIMONY.—Nothing in this sec6 tion shall prevent an individual from giving testimony 

7 under oath, or from making statements required to be 

8 made under penalty of perjury. Notwithstanding the pre9 ceding sentence— 

10 ‘‘(A) a former officer or employee of the executive 

11 branch of the United States (including any independent 

12 agency) who is subject to the restrictions contained in 

13 subsection (a)(1) with respect to a particular matter 

14 may not, except pursuant to court order, serve as an 

15 expert witness for any other person (except the United 

16 States) in that matter; and 

17 ‘‘(B) a former officer or employee of the District of 

18 Columbia who is subject to the restrictions contained in 

19 subsection (a)(1) with respect to a particular matter 

20 may not, except pursuant to court order, serve as an 

21 expert witness for any other person (except the District 

22 of Columbia) in that matter. 

23 ‘‘(7) POLITICAL PARTIES AND CAMPAIGN COMMITTEES.— 

24 (A) Except as provided in subparagraph (B), the restric25 tions contained in subsections (c), (d), and (e) shall not 

26 apply to a communication or appearance made solely on be27 half of a candidate in his or her capacity as a candidate, 

28 an authorized committee, a national committee, a national 

29 Federal campaign committee, a State committee, or a polit30 ical party. 

31 ‘‘(B) Subparagraph (A) shall not apply to— 

32 ‘‘(i) any communication to, or appearance before, the 

33 Federal Election Commission by a former officer or 

34 employee of the Federal Election Commission; or 

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1 nication or appearance, the person is employed by a 

2 person or entity other than— 

3 ‘‘(I) a candidate, an authorized committee, a na4 tional committee, a national Federal campaign 

5 committee, a State committee, or a political party; 

6 or 

7 ‘‘(II) a person or entity who represents, 

8 aids, or advises only persons or entities de9 scribed in subclause (I). 

10 ‘‘(C) For purposes of this paragraph— 

11 ‘‘(i) the term ‘candidate’ means any person who 

12 seeks nomination for election, or election, to Federal or 

13 State office or who has authorized others to explore on 

14 his or her behalf the possibility of seeking nomination 

15 for election, or election, to Federal or State office; 

16 ‘‘(ii) the term ‘authorized committee’ means any po17 litical committee designated in writing by a candidate 

18 as authorized to receive contributions or make expendi19 tures to promote the nomination for election, or the 

20 election, of such candidate, or to explore the possibility 

21 of seeking nomination for election, or the election, of 

22 such candidate, except that a political committee that 

23 receives contributions or makes expenditures to pro24 mote more than 1 candidate may not be designated as 

25 an authorized committee for purposes of subparagraph 

26 (A); 

27 ‘‘(iii) the term ‘national committee’ means the orga28 nization which, by virtue of the bylaws of a political 

29 party, is responsible for the day-to-day operation of 

30 such political party at the national level; 

31 ‘‘(iv) the term ‘national Federal campaign com32 mittee’ means an organization that, by virtue of the by33 laws of a political party, is established primarily for the 

34 purpose of providing assistance, at the national level, to 

35 candidates nominated by that party for election to the 

36 office of Senator or Representative in, or Delegate or 

37 Resident Commissioner to, the Congress; 


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1 ‘‘(v) the term ‘State committee’ means the organiza2 tion which, by virtue of the bylaws of a political party, 

3 is responsible for the day-to-day operation of such po4 litical party at the State level; and 

5 ‘‘(vi) the term ‘political party’ means an association, 

6 committee, or organization that nominates a candidate 

7 for election to any Federal or State elected office whose 

8 name appears on the election ballot as the candidate of 

9 such association, committee, or organization. 

10 ‘‘(k) WAIVER.—(1)(A) The President may grant a waiver of 

11 a restriction imposed by this section to any officer or employee 

12 described in paragraph (2) if the President determines and cer13 tifies in writing that it is in the public interest to grant the 

14 waiver and that the services of the officer or employee are criti15 cally needed for the benefit of the Federal Government. Not 

16 more than 25 officers and employees currently employed by the 

17 Federal Government at any one time may have been granted 

18 waivers under this paragraph. 

19 ‘‘(B)(i) A waiver granted under this paragraph to any person 

20 shall apply only with respect to activities engaged in by that 

21 person after that person’s Federal Government employment is 

22 terminated and only to that person’s employment at a Govern23 ment-owned, contractor operated entity with which the person 

24 served as an officer or employee immediately before the per25 son’s Federal Government employment began. 

26 ‘‘(ii) Notwithstanding clause (i), a waiver granted under this 

27 paragraph to any person who was an officer or employee of 

28 Lawrence Livermore National Laboratory, Los Alamos Na29 tional Laboratory, or Sandia National Laboratory immediately 

30 before the person’s Federal Government employment began 

31 shall apply to that person’s employment by any such national 

32 laboratory after the person’s employment by the Federal Gov33 ernment is terminated. 

34 ‘‘(2) Waivers under paragraph (1) may be granted only to 

35 civilian officers and employees of the executive branch, other 

36 than officers and employees in the Executive Office of the 

37 President. 


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1 ‘‘(3) A certification under paragraph (1) shall take effect 

2 upon its publication in the Federal Register and shall iden3 tify— 

4 ‘‘(A) the officer or employee covered by the waiver by name 

5 and by position, and 

6 ‘‘(B) the reasons for granting the waiver. 

7 A copy of the certification shall also be provided to the Director 

8 of the Office of Government Ethics. 

9 ‘‘(4) The President may not delegate the authority provided 

10 by this subsection. 

11 ‘‘(5)(A) Each person granted a waiver under this subsection 

12 shall prepare reports, in accordance with subparagraph (B), 

13 stating whether the person has engaged in activities otherwise 

14 prohibited by this section for each six-month period described 

15 in subparagraph (B), and if so, what those activities were. 

16 ‘‘(B) A report under subparagraph (A) shall cover each six17 month period beginning on the date of the termination of the 

18 person’s Federal Government employment (with respect to 

19 which the waiver under this subsection was granted) and end20 ing two years after that date. Such report shall be filed with 

21 the President and the Director of the Office of Government 

22 Ethics not later than 60 days after the end of the six-month 

23 period covered by the report. All reports filed with the Director 

24 under this paragraph shall be made available for public inspec25 tion and copying. 

26 ‘‘(C) If a person fails to file any report in accordance with 

27 subparagraphs (A) and (B), the President shall revoke the 

28 waiver and shall notify the person of the revocation. The rev29 ocation shall take effect upon the person’s receipt of the notifi30 cation and shall remain in effect until the report is filed. 

31 ‘‘(D) Any person who is granted a waiver under this sub32 section shall be ineligible for appointment in the civil service 

33 unless all reports required of such person by subparagraphs (A) 

34 and (B) have been filed. 

35 ‘‘(E) As used in this subsection, the term ‘civil service’ has 

36 the meaning given that term in section 2101 of title 5. 


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1 ‘‘(l) CONTRACT ADVICE BY FORMER DETAILS.—Who2 ever, being an employee of a private sector organization as3 signed to an agency under chapter 37 of title 5, within one 

4 year after the end of that assignment, knowingly represents 

5 or aids, counsels, or assists in representing any other per6 son (except the United States) in connection with any con7 tract with that agency shall be punished as provided in sec8 tion 1004 of this title. 

9 ‘‘§ 998. Acts affecting a personal financial interest 

10 ‘‘(a) OFFENSE.—Except as permitted by subsection (b), who11 ever, being an officer or employee of the executive branch of 

12 the United States Government, or of any independent agency 

13 of the United States, a Federal Reserve bank director, officer, 

14 or employee, or an officer or employee of the District of Colum15 bia, including a special Government employee, participates per16 sonally and substantially as a Government officer or employee, 

17 through decision, approval, disapproval, recommendation, the 

18 rendering of advice, investigation, or otherwise, in a judicial or 

19 other proceeding, application, request for a ruling or other de20 termination, contract, claim, controversy, charge, accusation, 

21 arrest, or other particular matter in which, to his knowledge, 

22 he, his spouse, minor child, general partner, organization in 

23 which he is serving as officer, director, trustee, general partner 

24 or employee, or any person or organization with whom he is ne25 gotiating or has any arrangement concerning prospective em26 ployment, has a financial interest shall be subject to the pen27 alties set forth in section 1004 of this title. 

28 ‘‘(b) EXCLUSIONS.—Subsection (a) shall not apply— 

29 ‘‘(1) if the officer or employee first advises the Govern30 ment official responsible for appointment to his or her posi31 tion of the nature and circumstances of the judicial or 

32 other proceeding, application, request for a ruling or other 

33 determination, contract, claim, controversy, charge, accusa34 tion, arrest, or other particular matter and makes full dis35 closure of the financial interest and receives in advance a 

36 written determination made by such official that the inter37 est is not so substantial as to be deemed likely to affect the 


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1 integrity of the services which the Government may expect 

2 from such officer or employee; 

3 ‘‘(2) if, by regulation issued by the Director of the Office 

4 of Government Ethics, applicable to all or a portion of all 

5 officers and employees covered by this section, and pub6 lished in the Federal Register, the financial interest has 

7 been exempted from the requirements of subsection (a) as 

8 being too remote or too inconsequential to affect the integ9 rity of the services of the Government officers or employees 

10 to which such regulation applies; 

11 ‘‘(3) in the case of a special Government employee serv12 ing on an advisory committee within the meaning of the 

13 Federal Advisory Committee Act (including an individual 

14 being considered for an appointment to such a position), 

15 the official responsible for the employee’s appointment, 

16 after review of the financial disclosure report filed by the 

17 individual pursuant to the Ethics in Government Act of 

18 1978, certifies in writing that the need for the individual’s 

19 services outweighs the potential for a conflict of interest 

20 created by the financial interest involved; or 

21 ‘‘(4) if the financial interest that would be affected by 

22 the particular matter involved is that resulting solely from 

23 the interest of the officer or employee, or his or her spouse 

24 or minor child, in birthrights— 

25 ‘‘(A) in an Indian tribe, band, nation, or other orga26 nized group or community, including any Alaska Native 

27 village corporation as defined in or established pursu28 ant to the Alaska Native Claims Settlement Act, which 

29 is recognized as eligible for the special programs and 

30 services provided by the United States to Indians be31 cause of their status as Indians, 

32 ‘‘(B) in an Indian allotment the title to which is held 

33 in trust by the United States or which is inalienable by 

34 the allottee without the consent of the United States, 

35 or 

36 ‘‘(C) in an Indian claims fund held in trust or ad37 ministered by the United States, 


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1 if the particular matter does not involve the Indian allot2 ment or claims fund or the Indian tribe, band, nation, or3 ganized group or community, or Alaska Native village cor4 poration as a specific party or parties. 

5 ‘‘(c) DEEMING PROVISION.—(1) For the purpose of para6 graph (1) of subsection (b), in the case of class A and B direc7 tors of Federal Reserve banks, the Board of Governors of the 

8 Federal Reserve System shall be deemed to be the Government 

9 official responsible for appointment. 

10 ‘‘(2) The potential availability of an exemption under any 

11 particular paragraph of subsection (b) does not preclude an ex12 emption being granted pursuant to another paragraph of sub13 section (b). 

14 ‘‘(d) PUBLIC AVAILABILITY.— 

15 ‘‘(1) GENERALLY.—Upon request, a copy of any deter16 mination granting an exemption under subsection (b)(1) or 

17 (b)(3) shall be made available to the public by the agency 

18 granting the exemption pursuant to the procedures set 

19 forth in section 105 of the Ethics in Government Act of 

20 1978. In making such determination available, the agency 

21 may withhold from disclosure any information contained in 

22 the determination that would be exempt from disclosure 

23 under section 552 of title 5. For purposes of determina24 tions under subsection (b)(3), the information describing 

25 each financial interest shall be no more extensive than that 

26 required of the individual in his or her financial disclosure 

27 report under the Ethics in Government Act of 1978. 

28 ‘‘(2) UNIFORM REGULATIONS.—The Office of Govern29 ment Ethics, after consultation with the Attorney General, 

30 shall issue uniform regulations for the issuance of waivers 

31 and exemptions under subsection (b) which shall— 

32 ‘‘(A) list and describe exemptions; and 

33 ‘‘(B) provide guidance with respect to the types of inter34 ests that are not so substantial as to be deemed likely to 

35 affect the integrity of the services the Government may ex36 pect from the employee. 


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1 ‘‘§ 999. Salary of Government officials and employ2 ees payable only by United States 

3 ‘‘(a) OFFENSE.—Whoever— 

4 ‘‘(1) receives any salary, or any contribution to or sup5 plementation of salary, as compensation for his services as 

6 an officer or employee of the executive branch of the 

7 United States Government, of any independent agency of 

8 the United States, or of the District of Columbia, from any 

9 source other than the Government of the United States, ex10 cept as may be contributed out of the treasury of any 

11 State, county, or municipality; or 

12 ‘‘(2) whoever, whether an individual, partnership, asso13 ciation, corporation, or other organization pays, makes any 

14 contribution to, or in any way supplements, the salary of 

15 any such officer or employee under circumstances which 

16 would make its receipt a violation of this subsection; 

17 shall be subject to the penalties set forth in section 1004 of 

18 this title. 

19 ‘‘(b) EXCLUSION.—Nothing herein prevents an officer or em20 ployee of the executive branch of the United States Govern21 ment, or of any independent agency of the United States, or 

22 of the District of Columbia, from continuing to participate in 

23 a bona fide pension, retirement, group life, health or accident 

24 insurance, profit-sharing, stock bonus, or other employee wel25 fare or benefit plan maintained by a former employer. 

26 ‘‘(c) SPECIAL GOVERNMENT EMPLOYEE.—This section does 

27 not apply to a special Government employee or to an officer or 

28 employee of the Government serving without compensation, 

29 whether or not he is a special Government employee, or to any 

30 person paying, contributing to, or supplementing his salary as 

31 such. 

32 ‘‘(d) PAYMENTS UNDER CHAPTER 41 of Title 5.—This sec33 tion does not prohibit payment or acceptance of contributions, 

34 awards, or other expenses under the terms of chapter 41 of 

35 title 5. 

36 ‘‘(e) RELOCATION EXPENSES.—This section does not pro37 hibit the payment of actual relocation expenses incident to parVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00458 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 ticipation, or the acceptance of same by a participant in an ex2 ecutive exchange or fellowship program in an executive agency, 

3 if such program has been established by statute or Executive 

4 order of the President, offers appointments not to exceed three 

5 hundred and sixty-five days, and permits no extensions in ex6 cess of ninety additional days or, in the case of participants in 

7 overseas assignments, in excess of 365 days. 

8 ‘‘(f) INJURIES DURING CERTAIN OFFENSE.—This section 

9 does not prohibit acceptance or receipt, by any officer or em10 ployee injured during the commission of an offense described 

11 in section 102(7) or 102(8) of this title, of contributions or 

12 payments from an organization which is described in section 

13 501(c)(3) of the Internal Revenue Code of 1986 and which is 

14 exempt from taxation under section 501(a) of such Code. 

15 ‘‘(g) PRIVATE SECTOR ORGANIZATION.— 

16 ‘‘(1) GENERALLY.—This section does not prohibit an 

17 employee of a private sector organization, while assigned to 

18 an agency under chapter 37 of title 5, from continuing to 

19 receive pay and benefits from such organization in accord20 ance with such chapter. 

21 ‘‘(2) DEFINITION.—As used in this subsection, the term 

22 ‘agency’ means an agency (as defined by section 3701 of 

23 title 5) and the Office of the Chief Technology Officer of 

24 the District of Columbia. 

25 ‘‘(h) RESERVER COMPONENTS OF ARMED FORCES.—This 

26 section does not prohibit a member of the reserve components 

27 of the armed forces on active duty pursuant to a call or order 

28 to active duty under a provision of law referred to in section 

29 101(a)(13) of title 10 from receiving from any person that em30 ployed such member before the call or order to active duty any 

31 payment of any part of the salary or wages that such person 

32 would have paid the member if the member’s employment had 

33 not been interrupted by such call or order to active duty. 

34 ‘‘§ 1000. Offer to procure appointive public office 

35 ‘‘Whoever pays or offers or promises any money or thing of 

36 value, to any person, firm, or corporation in consideration of 

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1 ive office or place under the United States for any person, shall 

2 be imprisoned not more than one year. 

3 ‘‘§ 1001. Acceptance or solicitation To obtain ap4 pointive public office 

5 ‘‘(a) PROMISE OF OFFICE.—Whoever solicits or receives, ei6 ther as a political contribution, or for personal emolument, any 

7 money or thing of value, in consideration of the promise of sup8 port or use of influence in obtaining for any person any ap9 pointive office or place under the United States, shall be im10 prisoned not more than one year. 

11 ‘‘(b) ADDING PERSON TO OBTAIN EMPLOYMENT.—Whoever 

12 solicits or receives any thing of value in consideration of aiding 

13 a person to obtain employment under the United States either 

14 by referring his name to an executive department or agency of 

15 the United States or by requiring the payment of a fee because 

16 such person has secured such employment shall be imprisoned 

17 not more than one year. 

18 ‘‘(c) EXCLUSION.—This section does not apply to such serv19 ices rendered by an employment agency pursuant to the written 

20 request of an executive department or agency of the United 

21 States. 

22 ‘‘§ 1002. Acceptance of loan or gratuity by finan23 cial institution examiner 

24 ‘‘Whoever, being an examiner or assistant examiner, accepts 

25 a loan or gratuity from any bank, branch, agency, organization, 

26 corporation, association, or institution examined by the exam27 iner or from any person connected with it, shall— 

28 ‘‘(1) be imprisoned not more than 1 year; and 

29 ‘‘(2) shall be disqualified from holding office as an exam30 iner. 

31 ‘‘§ 1003. Receipt of commissions or gifts for pro32 curing loans 

33 ‘‘(a) OFFENSE.—Whoever— 

34 ‘‘(1) corruptly gives, offers, or promises anything of 

35 value to any person, with intent to influence or reward an 

36 officer, director, employee, agent, or attorney of a financial 


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1 institution in connection with any business or transaction 

2 of such institution; or 

3 ‘‘(2) as an officer, director, employee, agent, or attorney 

4 of a financial institution, corruptly solicits or demands for 

5 the benefit of any person, or corruptly accepts or agrees to 

6 accept, anything of value from any person, intending to be 

7 influenced or rewarded in connection with any business or 

8 transaction of such institution; 

9 shall be imprisoned not more than 30 years, but if the value 

10 of the thing given, offered, promised, solicited, demanded, ac11 cepted, or agreed to be accepted does not exceed $1000, shall 

12 be imprisoned not more than one year. 

13 ‘‘(b) EXCLUSION.—This section shall not apply to bona fide 

14 salary, wages, fees, or other compensation paid, or expenses 

15 paid or reimbursed, in the usual course of business. 

16 ‘‘(c) GUIDELINES.—Federal agencies with responsibility for 

17 regulating a financial institution shall jointly establish such 

18 guidelines as are appropriate to assist an officer, director, em19 ployee, agent, or attorney of a financial institution to comply 

20 with this section. Such agencies shall make such guidelines 

21 available to the public. 

22 ‘‘§ 1004. Penalties and injunctions 

23 ‘‘(a) CRIMINAL PENALTIES.—The punishment for an offense 

24 under section 993, 994, 995, 997, 998, or 999 of this title is 

25 the following: 

26 ‘‘(1) Whoever engages in the conduct constituting the of27 fense shall be imprisoned for not more than one year. 

28 ‘‘(2) Whoever knowingly engages in the conduct consti29 tuting the offense shall be imprisoned for not more than 

30 five years. 

31 ‘‘(b) CIVIL ACTION.—The Attorney General may bring a civil 

32 action in the appropriate United States district court against 

33 any person who engages in conduct constituting an offense 

34 under section 993, 994, 995, 997, 998, or 999 of this title and, 

35 upon proof of such conduct by a preponderance of the evidence, 

36 such person shall be subject to a civil penalty of not more than 

37 $50,000 for each violation or the amount of compensation 


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1 which the person received or offered for the prohibited conduct, 

2 whichever amount is greater. The imposition of a civil penalty 

3 under this subsection does not preclude any other criminal or 

4 civil statutory, common law, or administrative remedy, which is 

5 available by law to the United States or any other person. 

6 ‘‘(c) COURT ORDER.—If the Attorney General has reason to 

7 believe that a person is engaging in conduct constituting an of8 fense under section 993, 994, 995, 997, 998, or 999 of this 

9 title, the Attorney General may petition an appropriate United 

10 States district court for an order prohibiting that person from 

11 engaging in such conduct. The court may issue an order pro12 hibiting that person from engaging in such conduct if the court 

13 finds that the conduct constitutes such an offense. The filing 

14 of a petition under this section does not preclude any other 

15 remedy which is available by law to the United States or any 

16 other person. 

17 ‘‘§ 1005. Voiding transactions in violation of chap18 ter; recovery by the United States 

19 ‘‘In addition to any other remedies provided by law the 

20 President or, under regulations prescribed by him, the head of 

21 any department or agency involved, may declare void and re22 scind any contract, loan, grant, subsidy, license, right, permit, 

23 franchise, use, authority, privilege, benefit, certificate, ruling, 

24 decision, opinion, or rate schedule awarded, granted, paid, fur25 nished, or published, or the performance of any service or 

26 transfer or delivery of any thing to, by or for any agency of 

27 the United States or officer or employee of the United States 

28 or person acting on behalf thereof, in relation to which there 

29 has been a final conviction for any violation of this chapter, 

30 and the United States shall be entitled to recover in addition 

31 to any penalty prescribed by law or in a contract the amount 

32 expended or the thing transferred or delivered on its behalf, or 

33 the reasonable value thereof. 

34 ‘‘§ 1006. Officers and employees acting as agents 

35 of foreign principals 

36 ‘‘(a) OFFENSE.—Whoever, being a public official, is or acts 

37 as an agent of a foreign principal required to register under the 


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1 Foreign Agents Registration Act of 1938 or a lobbyist required 

2 to register under the Lobbying Disclosure Act of 1995 in con3 nection with the representation of a foreign entity, as defined 

4 in section 3(6) of that Act shall be imprisoned for not more 

5 than two years. 

6 ‘‘(b) EXCLUSION.—Nothing in this section shall apply to the 

7 employment of any agent of a foreign principal as a special 

8 Government employee in any case in which the head of the em9 ploying agency certifies that such employment is required in 

10 the national interest. A copy of any certification under this 

11 paragraph shall be forwarded by the head of such agency to the 

12 Attorney General who shall cause the same to be filed with the 

13 registration statement and other documents filed by such 

14 agent, and made available for public inspection in accordance 

15 with section 6 of the Foreign Agents Registration Act of 1938, 

16 as amended. 

17 ‘‘(c) DEFINITION.—As used in this section ‘public official’ 

18 means Member of Congress, Delegate, or Resident Commis19 sioner, either before or after he has qualified, or an officer or 

20 employee or person acting for or on behalf of the United 

21 States, or any department, agency, or branch of Government 

22 thereof, including the District of Columbia, in any official func23 tion, under or by authority of any such department, agency, or 

24 branch of Government. 

25 ‘‘§ 1007. Bribery in sporting contests 

26 ‘‘(a) OFFENSE.—Whoever knowingly engages in any scheme 

27 in or affecting interstate or foreign commerce to influence any 

28 sporting contest in any way by bribery, shall be imprisoned not 

29 more than 5 years. 

30 ‘‘(b) NONPREEMPTION.—This section shall not be construed 

31 as indicating an intent on the part of Congress to occupy the 

32 field in which this section operates to the exclusion of a law 

33 of any State, and no law of any State, which would be valid 

34 in the absence of the section shall be declared invalid, and no 

35 local authorities shall be deprived of any jurisdiction over any 

36 offense over which they would have jurisdiction in the absence 

37 of this section. 


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1 ‘‘(c) DEFINITION.—As used in this section, the term ‘sport2 ing contest’ means any contest in any sport, between individual 

3 contestants or teams of contestants (without regard to the 

4 amateur or professional status of the contestants therein), the 

5 occurrence of which is publicly announced before its occurrence. 

6 ‘‘§ 1008. Continuing financial crimes enterprise 

7 ‘‘(a) OFFENSE.—Whoever— 

8 ‘‘(1) organizes, manages, or supervises a continuing fi9 nancial crimes enterprise; and 

10 ‘‘(2) receives $5,000,000 or more in gross receipts from 

11 such enterprise during any 24-month period, 

12 shall be imprisoned for a term of not less than 10 years and 

13 which may be life. 

14 ‘‘(b) DEFINITION.—As used in subsection (a), the term ‘con15 tinuing financial crimes enterprise’ means a series of violations 

16 under section 1003, 644, 645, 773, 774, 775, 779, 789, 804, 

17 801, and 803 affecting a financial institution, committed by at 

18 least 4 persons acting in concert. 

19 ‘‘SUBCHAPTER B—CLAIMS AND SERVICES IN 

20 MATTERS AFFECTING GOVERNMENT 

‘‘Sec. 

‘‘1017. False, fictitious, or fraudulent claims. 

21 ‘‘§ 1017. False, fictitious, or fraudulent claims 

22 ‘‘Whoever makes or presents to any person or officer in the 

23 civil, military, or naval service of the United States, or to any 

24 department or agency thereof, any claim upon or against the 

25 United States, or any department or agency thereof, knowing 

26 such claim to be false, fictitious, or fraudulent, shall be impris27 oned not more than five years. 

28 ‘‘SUBCHAPTER C—CONTEMPTS 

‘‘Sec. 

‘‘1021. Power of court. 

‘‘1022. Contempts constituting crimes. 

29 ‘‘§ 1021. Power of court 

30 ‘‘A court of the United States shall have power to punish by 

31 fine or imprisonment, or both, at its discretion, such contempt 

32 of its authority, and none other, as— 


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1 ‘‘(1) misbehavior of any person in its presence or so near 

2 thereto as to obstruct the administration of justice; 

3 ‘‘(2) misbehavior of any of its officers in their official 

4 transactions; or 

5 ‘‘(3) disobedience or resistance to its lawful writ, process, 

6 order, rule, decree, or command. 

7 ‘‘§ 1022. Contempts constituting crimes 

8 ‘‘(a) OFFENSE.—Whoever disobeys any lawful writ, process, 

9 order, rule, decree, or command of any district court of the 

10 United States or any court of the District of Columbia, by 

11 doing any act or thing therein, or thereby forbidden, if the act 

12 or thing so done be of such character as to constitute also a 

13 criminal offense under any statute of the United States or 

14 under the laws of any State in which the act was committed, 

15 shall be prosecuted for such contempt as provided in section 

16 3691 and shall be imprisoned any term of years or for life. 

17 ‘‘(b) PAYMENT OF FINE AND LIMITATIONS ON FINE AND

18 IMPRISONMENT.—Such fine shall be paid to the United States 

19 or to the complainant or other party injured by the act consti20 tuting the contempt, or may, where more than one is so dam21 aged, be divided or apportioned among them as the court may 

22 direct, but in no case shall the fine to be paid to the United 

23 States exceed, in case the accused is a natural person, the sum 

24 of $1,000, nor shall such imprisonment exceed the term of six 

25 months. 

26 ‘‘(c) APPLICABILITY OF SECTION.—This section shall not be 

27 construed to relate to contempts committed in the presence of 

28 the court, or so near thereto as to obstruct the administration 

29 of justice, nor to contempts committed in disobedience of any 

30 lawful writ, process, order, rule, decree, or command entered in 

31 any suit or action brought or prosecuted in the name of, or on 

32 behalf of, the United States, but the same, and all other cases 

33 of contempt not specifically embraced in this section may be 

34 punished in conformity to the prevailing usages at law. 


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1 ‘‘SUBCHAPTER D—ELECTIONS AND POLITICAL 

2 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. 

3 ‘‘§ 1031. Intimidation of voters 

4 ‘‘Whoever intimidates, threatens, coerces, or attempts to in5 timidate, threaten, or coerce, any other person for the purpose 

6 of interfering with the right of such other person to vote or to 

7 vote as he may choose, or of causing such other person to vote 

8 for, or not to vote for, any candidate for the office of President, 

9 Vice President, Presidential elector, Member of the Senate, 

10 Member of the House of Representatives, Delegate from the 

11 District of Columbia, or Resident Commissioner, at any elec12 tion held solely or in part for the purpose of electing such can13 didate, shall be imprisoned not more than one year. 

14 ‘‘§ 1032. Deprivation of employment or other ben15 efit for political contribution 

16 ‘‘(a) OFFENSE.—Whoever knowingly causes or attempts to 

17 cause any person to make a contribution of a thing of value 

18 (including services) for the benefit of any candidate or any po19 litical party, by means of the denial or deprivation, or the 

20 threat of the denial or deprivation, of— 

21 ‘‘(1) any employment, position, or work in or for any 

22 agency or other entity of the Government of the United 

23 States, a State, or a political subdivision of a State, or any 

24 compensation or benefit of such employment, position, or 

25 work; or 

26 ‘‘(2) any payment or benefit of a program of the United 

27 States, a State, or a political subdivision of a State; 

28 if such employment, position, work, compensation, payment, or 

29 benefit is provided for or made possible in whole or in part by 

30 an Act of Congress, shall be imprisoned not more than one 

31 year. 

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


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1 ‘‘(1) the term ‘candidate’ means an individual who seeks 

2 nomination for election, or election, to Federal, State, or 

3 local office, whether or not such individual is elected, and, 

4 for purposes of this paragraph, an individual shall be 

5 deemed to seek nomination for election, or election, to Fed6 eral, State, or local office, if he has (A) taken the action 

7 necessary under the law of a State to qualify himself for 

8 nomination for election, or election, or (B) received con9 tributions or made expenditures, or has given his consent 

10 for any other person to receive contributions or make ex11 penditures, with a view to bringing about his nomination 

12 for election, or election, to such office; and 

13 ‘‘(2) the term ‘election’ means (A) a general, special pri14 mary, or runoff election, (B) a convention or caucus of a 

15 political party held to nominate a candidate, (C) a primary 

16 election held for the selection of delegates to a nominating 

17 convention of a political party, (D) a primary election held 

18 for the expression of a preference for the nomination of 

19 persons for election to the office of President, and (E) the 

20 election of delegates to a constitutional convention for pro21 posing amendments to the Constitution of the United 

22 States or of any State. 

23 ‘‘§ 1033. Solicitation of political contributions 

24 ‘‘(a) OFFENSE.—It shall be unlawful for— 

25 ‘‘(1) a candidate for the Congress; 

26 ‘‘(2) an individual elected to or serving in the office of 

27 Senator or Representative in, or Delegate or Resident Com28 missioner to, the Congress; 

29 ‘‘(3) an officer or employee of the United States or any 

30 department or agency thereof; or 

31 ‘‘(4) a person receiving any salary or compensation for 

32 services from money derived from the Treasury of the 

33 United States; to knowingly solicit any contribution within 

34 the meaning of section 301(8) of the Federal Election 

35 Campaign Act of 1971 from any other such officer, em36 ployee, or person. Whoever violates this section shall be im37 prisoned not more than 3 years. 


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1 ‘‘(b) EXCLUSION.—The prohibition in subsection (a) shall 

2 not apply to any activity of an employee (as defined in section 

3 7322(1) of title 5) or any individual employed in or under the 

4 United States Postal Service or the Postal Rate Commission, 

5 unless that activity is prohibited by section 7323 or 7324 of 

6 such title. 

7 ‘‘§ 1034. Coercion of political activity 

8 ‘‘It shall be unlawful for any person to intimidate, threaten, 

9 command, or coerce, or attempt to intimidate, threaten, com10 mand, or coerce, any employee of the Federal Government as 

11 defined in section 7322(1) of title 5, to engage in, or not to 

12 engage in, any political activity, including, voting or refusing to 

13 vote for any candidate or measure in any election, making or 

14 refusing to make any political contribution, or working or re15 fusing to work on behalf of any candidate. Whoever violates 

16 this section shall be imprisoned not more than three years. 

17 ‘‘§ 1035. Voting by aliens 

18 ‘‘(a) ELEMENTS OF OFFENSE.—It shall be unlawful for any 

19 alien to vote in any election held solely or in part for the pur20 pose of electing a candidate for the office of President, Vice 

21 President, Presidential elector, Member of the Senate, Member 

22 of the House of Representatives, Delegate from the District of 

23 Columbia, or Resident Commissioner, unless— 

24 ‘‘(1) the election is held partly for some other purpose; 

25 ‘‘(2) aliens are authorized to vote for such other purpose 

26 under a State constitution or statute or a local ordinance; 

27 and 

28 ‘‘(3) voting for such other purpose is conducted inde29 pendently of voting for a candidate for such Federal offices, 

30 in such a manner that an alien has the opportunity to vote 

31 for such other purpose, but not an opportunity to vote for 

32 a candidate for any one or more of such Federal offices. 

33 ‘‘(b) PUNISHMENT.—Whoever violates this section shall be 

34 imprisoned not more than one year. 

35 ‘‘(c) EXCLUSION.—Subsection (a) does not apply to an alien 

36 if— 


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1 ‘‘(1) each natural parent of the alien (or, in the case of 

2 an adopted alien, each adoptive parent of the alien) is or 

3 was a citizen (whether by birth or naturalization); 

4 ‘‘(2) the alien permanently resided in the United States 

5 prior to attaining the age of 16; and 

6 ‘‘(3) the alien reasonably believed at the time of voting 

7 in violation of such subsection that he or she was a citizen 

8 of the United States. 

9 ‘‘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. 

10 ‘‘§ 1051. Desecration of the flag of the United 

11 States; penalties 

12 ‘‘(a) OFFENSE.—Whoever knowingly mutilates, defaces, 

13 physically defiles, burns, maintains on the floor or ground, or 

14 tramples upon any flag of the United States shall be impris15 oned for not more than one year. 

16 ‘‘(b) EXCLUSIONS.—This subsection does not prohibit any 

17 conduct consisting of the disposal of a flag when it has become 

18 worn or soiled. 

19 ‘‘(c) DEFINITION.—As used in this section, the term ‘flag of 

20 the United States’ means any flag of the United States, or any 

21 part thereof, made of any substance, of any size, in a form that 

22 is commonly displayed. 

23 ‘‘(d) NONPREEMPTION.—Nothing in this section shall be 

24 construed as indicating an intent on the part of Congress to 

25 deprive any State of jurisdiction over any offense over which 

26 it would have jurisdiction in the absence of this section. 

27 ‘‘(e) EXPEDITED APPEAL.— 


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1 ‘‘(1) NATURE OF CLAIM.—An appeal may be taken di2 rectly to the Supreme Court of the United States from any 

3 interlocutory or final judgment, decree, or order issued by 

4 a United States district court ruling upon the constitu5 tionality of subsection (a). 

6 ‘‘(2) PROCEDURAL EXPEDITION.—The Supreme Court shall, 

7 if it has not previously ruled on the question, accept jurisdic8 tion over the appeal and advance on the docket and expedite 

9 to the greatest extent possible. 

10 ‘‘§ 1052. Official badges, identification cards, other 

11 insignia 

12 ‘‘Whoever manufactures, sells, or possesses any badge, iden13 tification card, or other insignia, of the design prescribed by 

14 the head of any department or agency of the United States for 

15 use by any officer or employee thereof, or any colorable imita16 tion thereof, or photographs, prints, or in any other manner 

17 makes or executes any engraving, photograph, print, or impres18 sion in the likeness of any such badge, identification card, or 

19 other insignia, or any colorable imitation thereof, except as au20 thorized under regulations made pursuant to law, shall be im21 prisoned not more than six months. 

22 ‘‘§ 1053. Uniform of armed forces and Public 

23 Health Service 

24 ‘‘Whoever, in any place within the jurisdiction of the United 

25 States or in the Canal Zone, without authority, wears the uni26 form or a distinctive part thereof or anything similar to a dis27 tinctive part of the uniform of any of the armed forces of the 

28 United States, Public Health Service or any auxiliary of such, 

29 shall be imprisoned not more than six months. 

30 ‘‘§ 1054. Military medals or decorations 

31 ‘‘(a) IN GENERAL.—Whoever knowingly wears, purchases, 

32 attempts to purchase, solicits for purchase, mails, ships, im33 ports, exports, produces blank certificates of receipt for, manu34 factures, sells, attempts to sell, advertises for sale, trades, bar35 ters, or exchanges for anything of value any decoration or 

36 medal authorized by Congress for the armed forces of the 

37 United States, or any of the service medals or badges awarded 


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1 to the members of such forces, or the ribbon, button, or rosette 

2 of any such badge, decoration or medal, or any colorable imita3 tion thereof, except when authorized under regulations made 

4 pursuant to law, shall be imprisoned not more than six months. 

5 ‘‘(b) FALSE CLAIM ABOUT RECEIPT OF MILITARY DECORA6 TIONS OR MEDALS.—Whoever falsely represents himself or her7 self, verbally or in writing, to have been awarded any decora8 tion or medal authorized by Congress for the Armed Forces of 

9 the United States, any of the service medals or badges awarded 

10 to the members of such forces, the ribbon, button, or rosette 

11 of any such badge, decoration, or medal, or any colorable imita12 tion of such item shall be imprisoned not more than six 

13 months. 

14 ‘‘(c) ENHANCED PENALTY FOR OFFENSES INVOLVING CON15 GRESSIONAL MEDAL OF HONOR.— 

16 ‘‘(1) IN GENERAL.—If a decoration or medal involved in 

17 an offense under subsection (a) or (b) is a Congressional 

18 Medal of Honor, in lieu of the punishment provided in that 

19 subsection, the offender shall be imprisoned not more than 

20 1 year. 

21 ‘‘(2) CONGRESSIONAL MEDAL OF HONOR DEFINED.—In 

22 this subsection, the term ‘Congressional Medal of Honor’ 

23 means— 

24 ‘‘(A) a medal of honor awarded under section 3741, 

25 6241, or 8741 of title 10 or section 491 of title 14; 

26 ‘‘(B) a duplicate medal of honor issued under section 

27 3754, 6256, or 8754 of title 10 or section 504 of title 

28 14; or 

29 ‘‘(C) a replacement of a medal of honor provided 

30 under section 3747, 6253, or 8747 of title 10 or sec31 tion 501 of title 14. 

32 ‘‘(d) ENHANCED PENALTY FOR OFFENSES INVOLVING CER33 TAIN OTHER MEDALS.—If a decoration or medal involved in an 

34 offense described in subsection (a) or (b) is a distinguished35 service cross awarded under section 3742 of title 10, a Navy 

36 cross awarded under section 6242 of title 10, an Air Force 

37 cross awarded under section 8742 of section 10, a silver star 


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1 awarded under section 3746, 6244, or 8746 of title 10, a Pur2 ple Heart awarded under section 1129 of title 10, or any re3 placement or duplicate medal for such medal as authorized by 

4 law, in lieu of the punishment provided in the applicable sub5 section, the offender shall be imprisoned not more than 1 year. 

6 ‘‘§ 1055. False advertising or misuse of names to 

7 indicate Federal agency 

8 ‘‘(a) OFFENSE.—Whoever— 

9 ‘‘(1) except as permitted by the laws of the United 

10 States, uses the words ‘national’, ‘Federal’, ‘United States’, 

11 ‘reserve’, or ‘Deposit Insurance’ as part of the business or 

12 firm name of a person, corporation, partnership, business 

13 trust, association or other business entity engaged in the 

14 banking, loan, building and loan, brokerage, factorage, in15 surance, indemnity, savings or trust business; 

16 ‘‘(2) falsely advertises or represents, or publishes or dis17 plays any sign, symbol or advertisement reasonably cal18 culated to convey the impression that a nonmember bank, 

19 banking association, firm or partnership is a member of the 

20 Federal reserve system; 

21 ‘‘(3) except as expressly authorized by Federal law, uses 

22 the words ‘Federal Deposit’, ‘Federal Deposit Insurance’, 

23 or ‘Federal Deposit Insurance Corporation’ or a combina24 tion of any three of these words, as the name or a part 

25 thereof under which he or it does business, or advertises or 

26 otherwise represents falsely by any device whatsoever that 

27 his or its deposit liabilities, obligations, certificates, or 

28 shares are insured or guaranteed by the Federal Deposit 

29 Insurance Corporation, or by the United States or by any 

30 instrumentality thereof, or whoever advertises that his or 

31 its deposits, shares, or accounts are federally insured, or 

32 falsely advertises or otherwise represents by any device 

33 whatsoever the extent to which or the manner in which the 

34 deposit liabilities of an insured bank or banks are insured 

35 by the Federal Deposit Insurance Corporation; 

36 ‘‘(4) other than a bona fide organization or association 

37 of Federal or State credit unions or except as permitted by 


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1 the laws of the United States, uses as a firm or business 

2 name or transacts business using the words ‘National Cred3 it Union’, ‘National Credit Union Administration’, ‘Na4 tional Credit Union Board’, ‘National Credit Union Share 

5 Insurance Fund’, ‘Share Insurance’, or ‘Central Liquidity 

6 Facility’, or the letters ‘NCUA’, ‘NCUSIF’, or ‘CLF’, or 

7 any other combination or variation of those words or letters 

8 alone or with other words or letters, or any device or sym9 bol or other means, reasonably calculated to convey the 

10 false impression that such name or business has some con11 nection with, or authorization from, the National Credit 

12 Union Administration, the Government of the United 

13 States, or any agency thereof, which does not in fact exist, 

14 or falsely advertises or otherwise represents by any device 

15 whatsoever that his or its business, product, or service has 

16 been in any way endorsed, authorized, or approved by the 

17 National Credit Union Administration, the Government of 

18 the United States, or any agency thereof, or falsely adver19 tises or otherwise represents by any device whatsoever that 

20 his or its deposit liabilities, obligations, certificates, shares, 

21 or accounts are insured under the Federal Credit Union 

22 Act or by the United States or any instrumentality thereof, 

23 or being an insured credit union as defined in that Act 

24 falsely advertises or otherwise represents by any device 

25 whatsoever the extent to which or the manner in which 

26 share holdings in such credit union are insured under such 

27 Act; 

28 ‘‘(5) not being organized under the Farm Credit Act of 

29 1971, advertises or represents that it makes Federal Farm 

30 loans or advertises or offers for sale as Federal Farm loan 

31 bonds any bond not issued under the Farm Credit Act of 

32 1971, or uses the word ‘Federal’ or the words ‘United 

33 States’ or any other words implying Government owner34 ship, obligation or supervision in advertising or offering for 

35 sale any bond, note, mortgage or other security not issued 

36 by the Government of the United States under the Farm 

37 Credit Act of 1971; 


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1 Whoever uses the words ‘Federal Home Loan Bank’ or any 

2 combination or variation of these words alone or with other 

3 words as a business name or part of a business name, or falsely 

4 publishes, advertises or represents by any device or symbol or 

5 other means reasonably calculated to convey the impression 

6 that he or it is a Federal Home Loan Bank or member of or 

7 subscriber for the stock of a Federal Home Loan Bank; 

8 ‘‘(6) uses the words ‘Federal intermediate credit bank’ as 

9 part of the business or firm name for any person, corpora10 tion, partnership, business trust, association or other busi11 ness entity not organized as an intermediate credit bank 

12 under the laws of the United States; 

13 ‘‘(7) uses as a firm or business name the words ‘Depart14 ment of Housing and Urban Development’, ‘Housing and 

15 Home Finance Agency’, ‘Federal Housing Administration’, 

16 ‘Government National Mortgage Association’, ‘United 

17 States Housing Authority’, or ‘Public Housing Administra18 tion’ or the letters ‘HUD’, ‘FHA’, ‘PHA’, or ‘USHA’, or 

19 any combination or variation of those words or the letters 

20 ‘HUD’, ‘FHA’, ‘PHA’, or ‘USHA’ alone or with other 

21 words or letters reasonably calculated to convey the false 

22 impression that such name or business has some connection 

23 with, or authorization from, the Department of Housing 

24 and Urban Development, the Housing and Home Finance 

25 Agency, the Federal Housing Administration, the Govern26 ment National Mortgage Association, the United States 

27 Housing Authority, the Public Housing Administration, the 

28 Government of the United States, or any agency thereof, 

29 which does not in fact exist, or falsely claims that any re30 pair, improvement, or alteration of any existing structure 

31 is required or recommended by the Department of Housing 

32 and Urban Development, the Housing and Home Finance 

33 Agency, the Federal Housing Administration, the Govern34 ment National Mortgage Association, the United States 

35 Housing Authority, the Public Housing Administration, the 

36 Government of the United States, or any agency thereof, 

37 for the purpose of inducing any person to enter into a conVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00474 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 tract for the making of such repairs, alterations, or im2 provements, or falsely advertises or falsely represents by 

3 any device whatsoever that any housing unit, project, busi4 ness, or product has been in any way endorsed, authorized, 

5 inspected, appraised, or approved by the Department of 

6 Housing and Urban Development, the Housing and Home 

7 Finance Agency, the Federal Housing Administration, the 

8 Government National Mortgage Association, the United 

9 States Housing Authority, the Public Housing Administra10 tion, the Government of the United States, or any agency 

11 thereof; 

12 ‘‘(8) except with the written permission of the Director 

13 of the Federal Bureau of Investigation, knowingly uses the 

14 words ‘Federal Bureau of Investigation’ or the initials 

15 ‘F.B.I.’, or any colorable imitation of such words or initials, 

16 in connection with any advertisement, circular, book, pam17 phlet or other publication, play, motion picture, broadcast, 

18 telecast, or other production, in a manner reasonably cal19 culated to convey the impression that such advertisement, 

20 circular, book, pamphlet or other publication, play, motion 

21 picture, broadcast, telecast, or other production, is ap22 proved, endorsed, or authorized by the Federal Bureau of 

23 Investigation; 

24 ‘‘(9) except with written permission of the Director of 

25 the United States Secret Service, knowingly uses the words 

26 ‘Secret Service’, ‘Secret Service Uniformed Division’, the 

27 initials ‘U.S.S.S.’, ‘U.D.’, or any colorable imitation of such 

28 words or initials, in connection with, or as a part of any 

29 advertisement, circular, book, pamphlet or other publica30 tion, play, motion picture, broadcast, telecast, other produc31 tion, product, or item, in a manner reasonably calculated 

32 to convey the impression that such advertisement, circular, 

33 book, pamphlet or other publication, product, or item, is 

34 approved, endorsed, or authorized by or associated in any 

35 manner with, the United States Secret Service, or the 

36 United States Secret Service Uniformed Division; 


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1 ‘‘(10) except with the written permission of the Director 

2 of the United States Mint, knowingly uses the words 

3 ‘United States Mint’ or ‘U.S. Mint’ or any colorable imita4 tion of such words, in connection with any advertisement, 

5 circular, book, pamphlet, or other publication, play, motion 

6 picture, broadcast, telecast, or other production, in a man7 ner reasonably calculated to convey the impression that 

8 such advertisement, circular, book, pamphlet, or other pub9 lication, play, motion picture, broadcast, telecast, or other 

10 production, is approved, endorsed, or authorized by or asso11 ciated in any manner with, the United States Mint; 

12 ‘‘(11) uses the words ‘Overseas Private Investment’, 

13 ‘Overseas Private Investment Corporation’, or ‘OPIC’, as 

14 part of the business or firm name of a person, corporation, 

15 partnership, business trust, association, or business entity; 

16 ‘‘(12) except with the written permission of the Adminis17 trator of the Drug Enforcement Administration, knowingly 

18 uses the words ‘Drug Enforcement Administration’ or the 

19 initials ‘DEA’ or any colorable imitation of such words or 

20 initials, in connection with any advertisement, circular, 

21 book, pamphlet, software or other publication, play, motion 

22 picture, broadcast, telecast, or other production, in a man23 ner reasonably calculated to convey the impression that 

24 such advertisement, circular, book, pamphlet, software or 

25 other publication, play, motion picture, broadcast, telecast, 

26 or other production is approved, endorsed, or authorized by 

27 the Drug Enforcement Administration; or 

28 ‘‘(13) except with the written permission of the Director of 

29 the United States Marshals Service, knowingly uses the words 

30 ‘United States Marshals Service’, ‘U.S. Marshals Service’, 

31 ‘United States Marshal’, ‘U.S. Marshal’, ‘U.S.M.S.’, or any 

32 colorable imitation of any such words, or the likeness of a 

33 United States Marshals Service badge, logo, or insignia on any 

34 item of apparel, in connection with any advertisement, circular, 

35 book, pamphlet, software, or other publication, or any play, mo36 tion picture, broadcast, telecast, or other production, in a man37 ner that is reasonably calculated to convey the impression that 


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1 the wearer of the item of apparel is acting pursuant to the legal 

2 authority of the United States Marshals Service, or to convey 

3 the impression that such advertisement, circular, book, pam4 phlet, software, or other publication, or such play, motion pic5 ture, broadcast, telecast, or other production, is approved, en6 dorsed, or authorized by the United States Marshals Service; 

7 shall be imprisoned not more than one year. 

8 ‘‘(b) EXCLUSIONS.— 

9 ‘‘(1) LAWFUL BEFORE ENACTMENT.—This section does 

10 not make unlawful the use of any name or title which was 

11 lawful on June 25, 1948. 

12 ‘‘(2) INSURANCE.—This section shall not make unlawful 

13 the use of the word ‘national’ as part of the name of any 

14 business or firm engaged in the insurance or indemnity 

15 business, whether such firm was engaged in the insurance 

16 or indemnity business prior or subsequent to the date of 

17 enactment of this paragraph. 

18 ‘‘(c) ENJOINING OF VIOLATION.—A violation of this section 

19 may be enjoined at the suit of the United States Attorney, 

20 upon complaint by any duly authorized representative of any 

21 department or agency of the United States. 

22 ‘‘§ 1056. Misuse of names, words, emblems, or in23 signia 

24 ‘‘Whoever, in the course of collecting or aiding in the collec25 tion of private debts or obligations, or being engaged in fur26 nishing private police, investigation, or other private detective 

27 services, uses or employs in any communication, correspond28 ence, notice, advertisement, or circular the words ‘national’, 

29 ‘Federal’, or ‘United States’, the initials ‘U.S.’, or any emblem, 

30 insignia, or name, for the purpose of conveying and in a man31 ner reasonably calculated to convey the false impression that 

32 such communication is from a department, agency, bureau, or 

33 instrumentality of the United States or in any manner rep34 resents the United States, shall be imprisoned not more than 

35 one year. 


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1 ‘‘§ 1057. Use of likenesses of the great seal of the 

2 United States, the seals of the President 

3 and Vice President, the seal of the United 

4 States Senate, the seal of the United 

5 States House of Representatives, and the 

6 seal of the United States Congress 

7 ‘‘(a) DISPLAY.—Whoever knowingly displays any printed or 

8 other likeness of the great seal of the United States, or of the 

9 seals of the President or the Vice President of the United 

10 States, or the seal of the United States Senate, or the seal of 

11 the United States House of Representatives, or the seal of the 

12 United States Congress, or any facsimile thereof, in, or in con13 nection with, any advertisement, poster, circular, book, pam14 phlet, or other publication, public meeting, play, motion pic15 ture, telecast, or other production, or on any building, monu16 ment, or stationery, for the purpose of conveying, or in a man17 ner reasonably calculated to convey, a false impression of spon18 sorship or approval by the Government of the United States or 

19 by any department, agency, or instrumentality thereof, shall be 

20 imprisoned not more than six months. 

21 ‘‘(b) LIKENESS ON ARTICLES.—Whoever, except as author22 ized under regulations promulgated by the President and pub23 lished in the Federal Register, knowingly manufactures, repro24 duces, sells, or purchases for resale, either separately or ap25 pended to any article manufactured or sold, any likeness of the 

26 seals of the President or Vice President, or any substantial 

27 part thereof, except for manufacture or sale of the article for 

28 the official use of the Government of the United States, shall 

29 be imprisoned not more than six months. 

30 ‘‘(c) SEAL OF THE UNITED STATES.—Whoever, except as di31 rected by the United States Senate, or the Secretary of the 

32 Senate on its behalf, knowingly uses, manufactures, reproduces, 

33 sells or purchases for resale, either separately or appended to 

34 any article manufactured or sold, any likeness of the seal of the 

35 United States Senate, or any substantial part thereof, except 

36 for manufacture or sale of the article for the official use of the 


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1 Government of the United States, shall be imprisoned not more 

2 than six months. 

3 ‘‘(d) SEAL OF UNITED STATES HOUSE OF REPRESENTA4 TIVES.—Whoever, except as directed by the United States 

5 House of Representatives, or the Clerk of the House of Rep6 resentatives on its behalf, knowingly uses, manufactures, repro7 duces, sells or purchases for resale, either separately or ap8 pended to any article manufactured or sold, any likeness of the 

9 seal of the United States House of Representatives, or any sub10 stantial part thereof, except for manufacture or sale of the arti11 cle for the official use of the Government of the United States, 

12 shall be imprisoned not more than six months. 

13 ‘‘(e) SEAL OF CONGRESS.—Whoever, except as directed by 

14 the United States Congress, or the Secretary of the Senate and 

15 the Clerk of the House of Representatives, acting jointly on its 

16 behalf, knowingly uses, manufactures, reproduces, sells or pur17 chases for resale, either separately or appended to any article 

18 manufactured or sold, any likeness of the seal of the United 

19 States Congress, or any substantial part thereof, except for 

20 manufacture or sale of the article for the official use of the 

21 Government of the United States, shall be imprisoned not more 

22 than six months. 

23 ‘‘(f) VIOLATION MAY BE ENJOINED.—A violation of the pro24 visions of this section may be enjoined at the suit of the Attor25 ney General— 

26 ‘‘(1) in the case of the great seal of the United States 

27 and the seals of the President and Vice President, upon 

28 complaint by any authorized representative of any depart29 ment or agency of the United States; 

30 ‘‘(2) in the case of the seal of the United States Senate, 

31 upon complaint by the Secretary of the Senate; 

32 ‘‘(3) in the case of the seal of the United States House 

33 of Representatives, upon complaint by the Clerk of the 

34 House of Representatives; and 

35 ‘‘(4) in the case of the seal of the United States Con36 gress, upon complaint by the Secretary of the Senate and 

37 the Clerk of the House of Representatives, acting jointly. 


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1 ‘‘§ 1058. Public employee insignia and uniform 

2 ‘‘(a) Whoever— 

3 ‘‘(1) knowingly transfers, transports, or receives, in 

4 interstate or foreign commerce, a counterfeit official insig5 nia or uniform; 

6 ‘‘(2) knowingly transfers, in interstate or foreign com7 merce, a genuine official insignia or uniform to an indi8 vidual, knowing that such individual is not authorized to 

9 possess it under the law of the place in which the badge 

10 is the official insignia or uniform; 

11 ‘‘(3) knowingly receives a genuine official insignia or uni12 form in a transfer prohibited by paragraph (2); or 

13 ‘‘(4) being a person not authorized to possess a genuine 

14 official insignia or uniform under the law of the place in 

15 which the badge is the official insignia or uniform, know16 ingly transports that badge in interstate or foreign com17 merce, 

18 shall be imprisoned not more than 6 months. 

19 ‘‘(b) It is a defense to a prosecution under this section that 

20 the insignia or uniform is other than a counterfeit insignia or 

21 uniform and is not used to mislead or deceive, or is used or 

22 is intended to be used exclusively— 

23 ‘‘(1) as a memento, or in a collection or exhibit; 

24 ‘‘(2) for decorative purposes; 

25 ‘‘(3) for a dramatic presentation, such as a theatrical, 

26 film, or television production; or 

27 ‘‘(4) for any other recreational purpose. 

28 ‘‘(c) It is a defense to a prosecution under this section that 

29 the official insignia or uniform is not used or intended to be 

30 used to mislead or deceive, or is a counterfeit insignia or uni31 form and is used or is intended to be used exclusively— 

32 ‘‘(1) for a dramatic presentation, such as a theatrical, 

33 film, or television production; or 

34 ‘‘(2) for legitimate law enforcement purposes. 

35 ‘‘(d) As used in this section— 


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1 ‘‘(1) the term ‘genuine police badge’ means an official 

2 badge issued by public authority to identify an individual 

3 as a law enforcement officer having police powers; 

4 ‘‘(2) the term ‘counterfeit police badge’ means an item 

5 that so resembles a police badge that it would deceive an 

6 ordinary individual into believing it was a genuine police 

7 badge; and 

8 ‘‘(3) the term ‘official insignia or uniform’ means an ar9 ticle of distinctive clothing or insignia, including a badge, 

10 emblem or identification card, that is an indicium of the 

11 authority of a public employee; 

12 ‘‘(4) the term ‘public employee’ means any officer or em13 ployee of the Federal Government or of a State or local 

14 government; and 

15 ‘‘(5) the term ‘uniform’ means distinctive clothing or 

16 other items of dress, whether real or counterfeit, worn dur17 ing the performance of official duties and which identifies 

18 the wearer as a public agency employee. 

19 ‘‘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. 

20 ‘‘§ 1071. Prisoners in custody of institution or offi21 cer 

22 ‘‘(a) ADULTS.—Whoever escapes or attempts to escape from 

23 the custody of the Attorney General or his authorized rep24 resentative, or from any institution or facility in which he is 

25 confined by direction of the Attorney General, or from any cus26 tody under or by virtue of any process issued under the laws 

27 of the United States by any court, judge, or magistrate judge, 

28 or from the custody of an officer or employee of the United 

29 States pursuant to lawful arrest, shall, if the custody or con30 finement is by virtue of an arrest on a charge of felony, or con31 viction of any offense, be imprisoned not more than five years; 

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1 sion or expulsion proceedings under the immigration laws, or 

2 by virtue of an arrest or charge of or for a misdemeanor, and 

3 prior to conviction, be imprisoned not more than one year. 

4 ‘‘(b) JUVENILES.—Whoever escapes or attempts to escape 

5 from the custody of the Attorney General or his authorized rep6 resentative, or from any institution or facility in which he is 

7 confined by direction of the Attorney General, or from any cus8 tody under or by virtue of any process issued under the laws 

9 of the United States by any court, judge, or magistrate judge, 

10 or from the custody of an officer or employee of the United 

11 States pursuant to lawful arrest, shall, if the custody or con12 finement is by virtue of a lawful arrest for a violation of any 

13 law of the United States not punishable by death or life impris14 onment and committed before such person’s eighteenth birth15 day, and as to whom the Attorney General has not specifically 

16 directed the institution of criminal proceedings, or by virtue of 

17 a commitment as a juvenile delinquent under section 5034 of 

18 this title, be imprisoned not more than one year. Nothing in 

19 this section affects the discretionary authority vested in the At20 torney General pursuant to section 5032 of this title. 

21 ‘‘§ 1072. Instigating or assisting escape 

22 ‘‘(a) ADULTS.—Whoever rescues or attempts to rescue or in23 stigates, aids or assists the escape, or attempt to escape, of any 

24 person arrested upon a warrant or other process issued under 

25 any law of the United States, or committed to the custody of 

26 the Attorney General or to any institution or facility by his di27 rection, shall, if the custody or confinement is by virtue of an 

28 arrest on a charge of felony, or conviction of any offense, be 

29 imprisoned not more than five years; or, if the custody or con30 finement is for extradition, or for exclusion or expulsion pro31 ceedings under the immigration laws, or by virtue of an arrest 

32 or charge of or for a misdemeanor, and prior to conviction, be 

33 imprisoned not more than one year. 

34 ‘‘(b) JUVENILES.—Whoever rescues or attempts to rescue or 

35 instigates, aids, or assists the escape or attempted escape of 

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1 rant or other process issued under any law of the United States 

2 or from any institution or facility in which he is confined by 

3 direction of the Attorney General, shall, if the custody or con4 finement is by virtue of a lawful arrest for a violation of any 

5 law of the United States not punishable by death or life impris6 onment and committed before such person’s eighteenth birth7 day, and as to whom the Attorney General has not specifically 

8 directed the institution of criminal proceedings, or by virtue of 

9 a commitment as a juvenile delinquent under section 5034 of 

10 this title, be imprisoned not more than one year. 

11 ‘‘§ 1073. Officer permitting escape 

12 ‘‘Whoever, having in his custody any prisoner by virtue of 

13 process issued under the laws of the United States by any 

14 court, judge, or magistrate judge, voluntarily suffers such pris15 oner to escape, shall be imprisoned not more than 5 years; or 

16 if he negligently suffers such person to escape, he shall be im17 prisoned not more than one year. 

18 ‘‘§ 1074. High speed flight from immigration 

19 checkpoint 

20 ‘‘Whoever flees or evades a checkpoint operated by the Immi21 gration and Naturalization Service, or any other Federal law 

22 enforcement agency, in a motor vehicle and flees Federal, 

23 State, or local law enforcement agents in excess of the legal 

24 speed limit shall be imprisoned not more than five years. 

25 ‘‘§ 1075. Escape from hospitalization 

26 ‘‘Whoever escapes or attempts to escape from the custody of 

27 any facility or from any place in which or to which he is con28 fined pursuant to this section 1826 of title 28 or section 4243 

29 of this title, or whoever rescues or attempts to rescue or insti30 gates, aids, or assists the escape or attempt to escape of such 

31 a person, shall be imprisoned not more than three years. 

32 ‘‘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. 


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1 ‘‘§ 1091. Citizen of the United States 

2 ‘‘Whoever falsely represents oneself to be a citizen of the 

3 United States shall be imprisoned not more than three years. 

4 ‘‘§ 1092. Officer or employee of the United States 

5 ‘‘Whoever falsely assumes or pretends to be an officer or em6 ployee acting under the authority of the United States or any 

7 department, agency or officer thereof, and acts as such, or in 

8 such pretended character demands or obtains any money, 

9 paper, document, or thing of value, shall be imprisoned not 

10 more than three years. 

11 ‘‘§ 1093. Impersonator making arrest or search 

12 ‘‘Whoever falsely represents oneself to be an officer, agent, 

13 or employee of the United States, and in such assumed char14 acter arrests or detains any person or in any manner searches 

15 the person, buildings, or other property of any person, shall be 

16 imprisoned not more than three years. 

17 ‘‘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. 

18 ‘‘§ 1101. Concealing person from arrest 

19 ‘‘Whoever harbors or conceals any person for whose arrest 

20 a warrant or process has been issued under the provisions of 

21 any law of the United States, so as to prevent his discovery and 

22 arrest, after notice or knowledge of the fact that a warrant or 

23 process has been issued for the apprehension of such person, 

24 shall be imprisoned not more than one year; except that if the 

25 warrant or process issued on a charge of felony, or after convic26 tion of such person of any offense, the punishment shall be a 

27 fine under this title, or imprisonment for not more than five 

28 years, or both. 

29 ‘‘§ 1102. Concealing escaped prisoner 

30 ‘‘Whoever harbors or conceals any prisoner after that pris31 oner’s escape from the custody of the Attorney General or from 


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1 a Federal penal or correctional institution, shall be imprisoned 

2 not more than three years. 

3 ‘‘§ 1103. Flight to avoid prosecution or giving tes4 timony 

5 ‘‘(a) OFFENSE.—Whoever moves or travels in interstate or 

6 foreign commerce with intent— 

7 ‘‘(1) to avoid prosecution, or custody or confinement 

8 after conviction, under the laws of the place from which he 

9 flees, for a crime, or an attempt to commit a crime, punish10 able by death or which is a felony under the laws of the 

11 place from which the fugitive flees; 

12 ‘‘(2) to avoid giving testimony in any criminal pro13 ceedings in such place in which the commission of an of14 fense punishable by death or which is a felony under the 

15 laws of such place, is charged; or 

16 ‘‘(3) to avoid service of, or contempt proceedings for al17 leged disobedience of, lawful process requiring attendance 

18 and the giving of testimony or the production of documen19 tary evidence before an agency of a State empowered by 

20 the law of such State to conduct investigations of alleged 

21 criminal activities; 

22 shall be imprisoned not more than five years. 

23 ‘‘(b) SPECIAL VENUE AND APPROVAL REQUIRED.—Viola24 tions of this section may be prosecuted only in the Federal ju25 dicial district in which the original crime was alleged to have 

26 been committed, or in which the person was held in custody or 

27 confinement, or in which an avoidance of service of process or 

28 a contempt referred to in subsection (a)(3) is alleged to have 

29 been committed, and only upon formal approval in writing by 

30 the Attorney General, the Deputy Attorney General, the Asso31 ciate Attorney General, or an Assistant Attorney General of the 

32 United States, which function of approving prosecutions may 

33 not be delegated. 


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1 ‘‘§ 1104. Flight to avoid prosecution for damaging 

2 or destroying any building or other real 

3 or personal property 

4 ‘‘(a) OFFENSE.—Whoever moves or travels in interstate or 

5 foreign commerce with intent— 

6 ‘‘(1) to avoid prosecution, or custody, or confinement 

7 after conviction, under the laws of the place from which he 

8 flees, for attempting to or damaging or destroying by fire 

9 or explosive any building, structure, facility, vehicle, dwell10 ing house, synagogue, church, religious center or edu11 cational institution, public or private; or 

12 ‘‘(2) to avoid giving testimony in any criminal proceeding 

13 relating to any such offense; 

14 shall be imprisoned not more than five years. 

15 ‘‘(b) VENUE.—Violations of this section may be prosecuted 

16 in the Federal judicial district in which the original crime was 

17 alleged to have been committed or in which the person was held 

18 in custody or confinement. 

19 ‘‘(c) RULE OF CONSTRUCTION.—This section shall not be 

20 construed as indicating an intent on the part of Congress to 

21 prevent the exercise by a State of any jurisdiction over any of22 fense over which that State would have jurisdiction in the ab23 sence of such section. 

24 ‘‘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. 

25 ‘‘§ 1131. Assault on process server 

26 ‘‘Whoever— 


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1 ‘‘(1) knowingly obstructs, resists, or opposes any officer 

2 of the United States, or other person duly authorized, in 

3 serving, or attempting to serve or execute, any legal or ju4 dicial writ or process of any court of the United States, or 

5 United States magistrate judge; or 

6 ‘‘(2) assaults, beats, or wounds any officer or other per7 son duly authorized, knowing him to be such officer, or 

8 other person so duly authorized, in serving or executing any 

9 such writ, rule, order, process, warrant, or other legal or 

10 judicial writ or process; 

11 shall, except as otherwise provided by law, be imprisoned not 

12 more than one year. 

13 ‘‘§ 1132. Influencing or injuring officer or juror 

14 generally 

15 ‘‘(a) ELEMENTS OF THE OFFENSE.—Whoever corruptly, or 

16 by threats or force, or by any threatening letter or communica17 tion, endeavors to influence, intimidate, or impede any grand 

18 or petit juror, or officer in or of any court of the United States, 

19 or officer who may be serving at any examination or other pro20 ceeding before any United States magistrate judge or other 

21 committing magistrate, in the discharge of duty, or injures any 

22 such grand or petit juror in his or her person or property on 

23 account of any verdict or indictment assented to by him or her, 

24 or on account of being or having been such juror, or injures 

25 any such officer, magistrate judge, or other committing mag26 istrate in his or her person or property on account of the per27 formance of his official duties, or corruptly or by threats or 

28 force, or by any threatening letter or communication, influ29 ences, obstructs, or impedes, or endeavors to influence, ob30 struct, or impede, the due administration of justice, shall be 

31 punished as provided in subsection (b). If the offense under 

32 this section occurs in connection with a trial of a criminal case, 

33 and the act in violation of this section involves the threat of 

34 physical force or physical force, the maximum term of impris35 onment which may be imposed for the offense shall be the high36 er of that otherwise provided by law or the maximum term that 

37 could have been imposed for any offense charged in such case. 


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1 ‘‘(b) PUNISHMENT.—The punishment for an offense under 

2 this section is— 

3 ‘‘(1) in the case of a killing, the punishment provided in 

4 chapter 10; 

5 ‘‘(2) in the case of an attempted killing, or a case in 

6 which the offense was committed against a petit juror and, 

7 imprisonment for not more than 20 years; and 

8 ‘‘(3) in any other case, imprisonment for not more than 

9 10 years. 

10 ‘‘§ 1133. Obstruction of proceedings before depart11 ments, agencies, and committees 

12 ‘‘Whoever— 

13 ‘‘(1) with intent to avoid, evade, prevent, or obstruct 

14 compliance, in whole or in part, with any civil investigative 

15 demand duly and properly made under the Antitrust Civil 

16 Process Act, knowingly withholds, misrepresents, removes 

17 from any place, conceals, covers up, destroys, mutilates, al18 ters, or by other means falsifies any documentary material, 

19 answers to written interrogatories, or oral testimony, which 

20 is the subject of such demand; or attempts to do so or so21 licits another to do so; or 

22 ‘‘(2) corruptly, or by threats or force, or by any threat23 ening letter or communication influences, obstructs, or im24 pedes the due and proper administration of the law under 

25 which any pending proceeding is being had before any de26 partment or agency of the United States, or the due and 

27 proper exercise of the power of inquiry under which any in28 quiry or investigation is being had by either House, or any 

29 committee of either House or any joint committee of the 

30 Congress; 

31 shall be imprisoned not more than 5 years or, if the offense in32 volves international or domestic terrorism (as defined in section 

33 283), imprisoned not more than 8 years. 

34 ‘‘§ 1134. Obstruction of court orders 

35 ‘‘(a) OFFENSE.—Whoever, by threats or force, knowingly 

36 prevents, obstructs, impedes, or interferes with the due exercise 

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1 ment, or decree of a court of the United States, shall be impris2 oned not more than one year. 

3 ‘‘(b) INJUNCTIVE AND OTHER RELIEF AVAILABLE.—No in4 junctive or other civil relief against the conduct made criminal 

5 by this section shall be denied on the ground that such conduct 

6 is a crime. 

7 ‘‘§ 1135. Obstruction of criminal investigations 

8 ‘‘(a) IN GENERAL.—Whoever knowingly attempts by means 

9 of bribery to obstruct, delay, or prevent the communication of 

10 information relating to a violation of any criminal statute of 

11 the United States by any person to a criminal investigator shall 

12 be imprisoned not more than five years. 

13 ‘‘(b) FINANCIAL INSTITUTIONS.—(1) Whoever, being an offi14 cer of a financial institution, with the intent to obstruct a judi15 cial proceeding, notifies any other person about the existence 

16 or contents of a subpoena for records of that financial institu17 tion, or information that has been furnished to the grand jury 

18 in response to that subpoena, shall be imprisoned not more 

19 than 5 years. 

20 ‘‘(2) Whoever, being an officer of a financial institution noti21 fies— 

22 ‘‘(A) a customer of that financial institution whose 

23 records are sought by a grand jury subpoena; or 

24 ‘‘(B) any other person named in that subpoena; 

25 about the existence or contents of that subpoena or information 

26 that has been furnished to the grand jury in response to that 

27 subpoena, shall be imprisoned not more than one year. 

28 ‘‘(3) As used in this subsection— 

29 ‘‘(A) the term ‘an officer of a financial institution’ means 

30 an officer, director, partner, employee, agent, or attorney of 

31 or for a financial institution; and 

32 ‘‘(B) the term ‘subpoena for records’ means a Federal 

33 grand jury subpoena or a Department of Justice subpoena 

34 (issued under section 3486 of title 18), for customer 

35 records that has been served relating to a violation of, or 

36 a conspiracy to violate— 


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1 ‘‘(i) section 1003, 644, 645, 773, 774, 775, 779, 

2 804, 1451, 1452, or chapter 53 of title 31; or 

3 ‘‘(ii) section 801 or 803 affecting a financial institu4 tion. 

5 ‘‘(c) DEFINITION.—As used in this section, the term ‘crimi6 nal investigator’ means any individual duly authorized by a de7 partment, agency, or armed force of the United States to con8 duct or engage in investigations of or prosecutions for viola9 tions of the criminal laws of the United States. 

10 ‘‘(d) INSURANCE.—(1) Whoever— 

11 ‘‘(A) acting as, or being, an officer, director, agent or 

12 employee of a person engaged in the business of insurance 

13 whose activities affect interstate commerce, or 

14 ‘‘(B) is engaged in the business of insurance whose ac15 tivities affect interstate commerce or is involved (other than 

16 as an insured or beneficiary under a policy of insurance) 

17 in a transaction relating to the conduct of affairs of such 

18 a business, 

19 with intent to obstruct a judicial proceeding, notifies any other 

20 person about the existence or contents of a subpoena for 

21 records of that person engaged in such business or information 

22 that has been furnished to a Federal grand jury in response 

23 to that subpoena, shall be imprisoned not more than 5 years. 

24 ‘‘(2) As used in paragraph (1), the term ‘subpoena for 

25 records’ means a Federal grand jury subpoena for records that 

26 has been served relating to a violation of, or a conspiracy to 

27 violate, section 1033 of this title. 

28 ‘‘(e) Whoever, having been notified of the applicable disclo29 sure prohibitions or confidentiality requirements of section 

30 2709(c)(1) of this title, section 626(d)(1) or 627(c)(1) of the 

31 Fair Credit Reporting Act (15 U.S.C. 1681u(d)(1) or 

32 1681v(c)(1)), section 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the 

33 Right to Financial Privacy Act (12 U.S.C. 3414(a)(3)(A) or 

34 3414(a)(5)(D)(i)), or section 802(b)(1) of the National Secu35 rity Act of 1947 (50 U.S.C. 436(b)(1)), knowingly and with the 

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1 lates such prohibitions or requirements applicable by law to 

2 such person shall be imprisoned for not more than five years. 

3 ‘‘§ 1136. Obstruction of State or local law enforce4 ment with regard to illegal gambling busi5 ness 

6 ‘‘(a) ELEMENTS OF THE OFFENSE.—It shall be unlawful for 

7 two or more persons to conspire to obstruct the enforcement of 

8 the criminal laws of a State or political subdivision thereof, 

9 with the intent to facilitate an illegal gambling business if— 

10 ‘‘(1) one or more of such persons does any act to effect 

11 the object of such a conspiracy; 

12 ‘‘(2) one or more of such persons is an official or em13 ployee, elected, appointed, or otherwise, of such State or 

14 political subdivision; and 

15 ‘‘(3) one or more of such persons conducts finances, 

16 manages, supervises, directs, or owns all or part of an ille17 gal gambling business. 

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

19 ‘‘(1) the term ‘illegal gambling business’ means a gam20 bling business which— 

21 ‘‘(i) is a violation of the law of a State or political 

22 subdivision in which it is conducted; 

23 ‘‘(ii) involves five or more persons who conduct, fi24 nance, manage, supervise, direct, or own all or part of 

25 such business; and 

26 ‘‘(iii) has been or remains in substantially continuous 

27 operation for a period in excess of thirty days or has 

28 a gross revenue of $2,000 in any single day; and 

29 ‘‘(2) the term ‘gambling’ includes pool-selling, book30 making, maintaining slot machines, roulette wheels, or dice 

31 tables, and conducting lotteries, policy, bolita or numbers 

32 games, or selling chances therein. 

33 ‘‘(c) EXCLUSION.—This section does not apply to any bingo 

34 game, lottery, or similar game of chance conducted by an orga35 nization exempt from tax under paragraph (3) of subsection (c) 

36 of section 501 of the Internal Revenue Code of 1986, if no part 

37 of the gross receipts derived from such activity inures to the 


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1 benefit of any private shareholder, member, or employee of 

2 such organization, except as reimbursement for actual expenses 

3 incurred in the conduct of such activity. 

4 ‘‘(d) PUNISHMENT.—Whoever violates this section shall be 

5 imprisoned not more than five years. 

6 ‘‘§ 1137. Tampering with a witness, victim, or an 

7 informant 

8 ‘‘(a) VIOLENT OFFENSE.— 

9 ‘‘(1) KILLING.—Whoever kills or attempts to kill another 

10 person, with intent to— 

11 ‘‘(A) prevent the attendance or testimony of any per12 son in an official proceeding; 

13 ‘‘(B) prevent the production of a record, document, 

14 or other object, in an official proceeding; or 

15 ‘‘(C) prevent the communication by any person to a 

16 law enforcement officer or judge of the United States 

17 of information relating to the commission or possible 

18 commission of a Federal offense or a violation of condi19 tions of probation, parole, or release pending judicial 

20 proceedings; 

21 shall be punished as provided in paragraph (3). 

22 ‘‘(2) USE OR THREAT OF PHYSICAL FORCE.—Whoever 

23 uses physical force or the threat of physical force against 

24 any person, or attempts to do so, with intent to— 

25 ‘‘(A) influence, delay, or prevent the testimony of 

26 any person in an official proceeding; 

27 ‘‘(B) cause or induce any person to— 

28 ‘‘(i) withhold testimony, or withhold a record, 

29 document, or other object, from an official pro30 ceeding; 

31 ‘‘(ii) alter, destroy, mutilate, or conceal an object 

32 with intent to impair the integrity or availability of 

33 the object for use in an official proceeding; 

34 ‘‘(iii) evade legal process summoning that person 

35 to appear as a witness, or to produce a record, doc36 ument, or other object, in an official proceeding; or 


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1 ‘‘(iv) be absent from an official proceeding to 

2 which that person has been summoned by legal 

3 process; or 

4 ‘‘(C) hinder, delay, or prevent the communication to 

5 a law enforcement officer or judge of the United States 

6 of information relating to the commission or possible 

7 commission of a Federal offense or a violation of condi8 tions of probation, supervised release, parole, or release 

9 pending judicial proceedings; 

10 shall be punished as provided in paragraph (3). 

11 ‘‘(3) PUNISHMENT.—The punishment for an offense 

12 under this subsection is— 

13 ‘‘(A) the same as provided for a like offense in chap14 ter 10; and 

15 ‘‘(B) in the case of the threat of use of physical force 

16 against any person, imprisonment for not more than 10 

17 years. 

18 ‘‘(b) NONVIOLENT OFFENSES INVOLVING OTHER PER19 SONS.—Whoever knowingly uses intimidation, threatens, or cor20 ruptly persuades another person, or attempts to do so, or en21 gages in misleading conduct toward another person, with intent 

22 to— 

23 ‘‘(1) influence, delay, or prevent the testimony of any 

24 person in an official proceeding; 

25 ‘‘(2) cause or induce any person to— 

26 ‘‘(A) withhold testimony, or withhold a record, docu27 ment, or other object, from an official proceeding; 

28 ‘‘(B) alter, destroy, mutilate, or conceal an object 

29 with intent to impair the object’s integrity or avail30 ability for use in an official proceeding; 

31 ‘‘(C) evade legal process summoning that person to 

32 appear as a witness, or to produce a record, document, 

33 or other object, in an official proceeding; or 

34 ‘‘(D) be absent from an official proceeding to which 

35 such person has been summoned by legal process; or 

36 ‘‘(3) hinder, delay, or prevent the communication to a 

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1 formation relating to the commission or possible commis2 sion of a Federal offense or a violation of conditions of pro3 bation, supervised release, parole, or release pending judi4 cial proceedings. 

5 ‘‘(c) NONVIOLENT OFFENSES NOT INVOLVING OTHER PER6 SONS.—Whoever corruptly— 

7 ‘‘(1) alters, destroys, mutilates, or conceals a record, doc8 ument, or other object, or attempts to do so, with the in9 tent to impair the object’s integrity or availability for use 

10 in an official proceeding; or 

11 ‘‘(2) otherwise obstructs, influences, or impedes any offi12 cial proceeding, or attempts to do so, 

13 shall be imprisoned not more than 20 years. 

14 ‘‘(d) HARASSMENT.—Whoever intentionally harasses another 

15 person and thereby hinders, delays, prevents, or dissuades any 

16 person from— 

17 ‘‘(1) attending or testifying in an official proceeding; 

18 ‘‘(2) reporting to a law enforcement officer or judge of 

19 the United States the commission or possible commission 

20 of a Federal offense or a violation of conditions of proba21 tion, supervised release, parole, or release pending judicial 

22 proceedings; 

23 ‘‘(3) arresting or seeking the arrest of another person in 

24 connection with a Federal offense; or 

25 ‘‘(4) causing a criminal prosecution, or a parole or pro26 bation revocation proceeding, to be sought or instituted, or 

27 assisting in such prosecution or proceeding; 

28 or attempts to do so, shall be imprisoned not more than one 

29 year. 

30 ‘‘(e) AFFIRMATIVE DEFENSE.—In a prosecution for an of31 fense under this section, it is an affirmative defense, that the 

32 conduct consisted solely of lawful conduct and that the defend33 ant’s sole intention was to encourage, induce, or cause the 

34 other person to testify truthfully. 

35 ‘‘(f) SPECIAL RULES.—For the purposes of this section— 

36 ‘‘(1) an official proceeding need not be pending or about 

37 to be instituted at the time of the offense; and 


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1 ‘‘(2) the testimony, or the record, document, or other ob2 ject need not be admissible in evidence or free of a claim 

3 of privilege. 

4 ‘‘(g) STATE OF MIND.—In a prosecution for an offense 

5 under this section, no state of mind need be proved with re6 spect to the circumstance— 

7 ‘‘(1) that the official proceeding before a judge, court, 

8 magistrate judge, grand jury, or government agency is be9 fore a judge or court of the United States, a United States 

10 magistrate judge, a bankruptcy judge, a Federal grand 

11 jury, or a Federal Government agency; or 

12 ‘‘(2) that the judge is a judge of the United States or 

13 that the law enforcement officer is an officer or employee 

14 of the Federal Government or a person authorized to act 

15 for or on behalf of the Federal Government or serving the 

16 Federal Government as an adviser or consultant. 

17 ‘‘(h) EXTRATERRITORIAL JURISDICTION.—There is 

18 extraterritorial Federal jurisdiction over an offense under this 

19 section. 

20 ‘‘(i) VENUE.—A prosecution under this section or section 

21 1132 may be brought in the district in which the official pro22 ceeding (whether or not pending or about to be instituted) was 

23 intended to be affected or in the district in which the conduct 

24 constituting the alleged offense occurred. 

25 ‘‘(j) INCREASED PUNISHMENT.—If the offense under this 

26 section occurs in connection with a trial of a criminal case, the 

27 maximum term of imprisonment which may be imposed for the 

28 offense shall be the higher of that otherwise provided by law 

29 or the maximum term that could have been imposed for any 

30 offense charged in such case. 

31 ‘‘§ 1138. Retaliating against a witness, victim, or 

32 an informant 

33 ‘‘(a) OFFENSES INVOLVING KILLING.— 

34 ‘‘(1) ELEMENTS OF THE OFFENSE.—Whoever kills an35 other person with intent to retaliate against any person 

36 for— 


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1 ‘‘(A) the attendance of a witness or party at an offi2 cial proceeding, or any testimony given or any record, 

3 document, or other object produced by a witness in an 

4 official proceeding; or 

5 ‘‘(B) providing to a law enforcement officer any in6 formation relating to the commission or possible com7 mission of a Federal offense or a violation of conditions 

8 of probation, supervised release, parole, or release 

9 pending judicial proceedings. 

10 ‘‘(2) PUNISHMENT.—The punishment for an offense 

11 under this subsection is the same as for a like offense 

12 under chapter 10. 

13 ‘‘(b) OFFENSES INVOLVING BODILY INJURY.—Whoever 

14 knowingly engages in any conduct and thereby causes bodily in15 jury to another person or damages the tangible property of an16 other person, or threatens to do so, with intent to retaliate 

17 against any person for— 

18 ‘‘(1) the attendance of a witness or party at an official 

19 proceeding, or any testimony given or any record, docu20 ment, or other object produced by a witness in an official 

21 proceeding; or 

22 ‘‘(2) any information relating to the commission or pos23 sible commission of a Federal offense or a violation of con24 ditions of probation, supervised release, parole, or release 

25 pending judicial proceedings given by a person to a law en26 forcement officer; 

27 ‘‘(c) INCREASED PUNISHMENT.—If the retaliation occurred 

28 because of attendance at or testimony in a criminal case, the 

29 maximum term of imprisonment which may be imposed for the 

30 offense under this section shall be the higher of that otherwise 

31 provided by law or the maximum term that could have been im32 posed for any offense charged in such case. 

33 ‘‘(d) EXTRATERRITORIAL JURISDICTION.—There is 

34 extraterritorial Federal jurisdiction over an offense under this 

35 section. 

36 ‘‘(e) OTHER RETALIATION.— Whoever knowingly, with the 

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1 cluding interference with the lawful employment or livelihood of 

2 any person, for providing to a law enforcement officer any 

3 truthful information relating to the commission or possible 

4 commission of any Federal offense, shall be imprisoned not 

5 more than 10 years. 

6 ‘‘§ 1139. Civil action to restrain harassment of a 

7 victim or witness 

8 ‘‘(a) TEMPORARY RESTRAINING ORDER.—(1) A United 

9 States district court, upon application of the attorney for the 

10 Government, shall issue a temporary restraining order prohib11 iting harassment of a victim or witness in a Federal criminal 

12 case if the court finds, from specific facts shown by affidavit 

13 or by verified complaint, that there are reasonable grounds to 

14 believe that harassment of an identified victim or witness in a 

15 Federal criminal case exists or that such order is necessary to 

16 prevent and restrain an offense under section 1137 of this title, 

17 other than an offense consisting of misleading conduct, or 

18 under section 1138 of this title. 

19 ‘‘(2)(A) A temporary restraining order may be issued under 

20 this section without written or oral notice to the adverse party 

21 or such party’s attorney in a civil action under this section if 

22 the court finds, upon written certification of facts by the attor23 ney for the Government, that such notice should not be re24 quired and that there is a reasonable probability that the Gov25 ernment will prevail on the merits. 

26 ‘‘(B) A temporary restraining order issued without notice 

27 under this section shall be endorsed with the date and hour of 

28 issuance and be filed forthwith in the office of the clerk of the 

29 court issuing the order. 

30 ‘‘(C) A temporary restraining order issued under this section 

31 shall expire at such time, not to exceed 10 days from issuance, 

32 as the court directs; the court, for good cause shown before ex33 piration of such order, may extend the expiration date of the 

34 order for up to 10 days or for such longer period agreed to by 

35 the adverse party. 

36 ‘‘(D) When a temporary restraining order is issued without 

37 notice, the motion for a protective order shall be set down for 


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1 hearing at the earliest possible time and takes precedence over 

2 all matters except older matters of the same character, and 

3 when such motion comes on for hearing, if the attorney for the 

4 Government does not proceed with the application for a protec5 tive order, the court shall dissolve the temporary restraining 

6 order. 

7 ‘‘(E) If on two days notice to the attorney for the Govern8 ment or on such shorter notice as the court may prescribe, the 

9 adverse party appears and moves to dissolve or modify the tem10 porary restraining order, the court shall proceed to hear and 

11 determine such motion as expeditiously as the ends of justice 

12 require. 

13 ‘‘(F) A temporary restraining order shall set forth the rea14 sons for the issuance of such order, be specific in terms, and 

15 describe in reasonable detail (and not by reference to the com16 plaint or other document) the act or acts being restrained. 

17 ‘‘(b) PROTECTIVE ORDER.—(1) A United States district 

18 court, upon motion of the attorney for the Government, shall 

19 issue a protective order prohibiting harassment of a victim or 

20 witness in a Federal criminal case if the court, after a hearing, 

21 finds by a preponderance of the evidence that harassment of an 

22 identified victim or witness in a Federal criminal case exists or 

23 that such order is necessary to prevent and restrain an offense 

24 under section 1137 of this title, other than an offense con25 sisting of misleading conduct, or under section 1138 of this 

26 title. 

27 ‘‘(2) At the hearing referred to in paragraph (1) of this sub28 section, any adverse party named in the complaint shall have 

29 the right to present evidence and cross-examine witnesses. 

30 ‘‘(3) A protective order shall set forth the reasons for the 

31 issuance of such order, be specific in terms, describe in reason32 able detail (and not by reference to the complaint or other doc33 ument) the act or acts being restrained. 

34 ‘‘(4) The court shall set the duration of effect of the protec35 tive order for such period as the court determines necessary to 

36 prevent harassment of the victim or witness but in no case for 

37 a period in excess of three years from the date of such order’s 


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1 issuance. The attorney for the Government may, at any time 

2 within ninety days before the expiration of such order, apply 

3 for a new protective order under this section. 

4 ‘‘(c) DEFINITIONS.—As used in this section— 

5 ‘‘(1) the term ‘harassment’ means a course of conduct 

6 directed at a specific person that— 

7 ‘‘(A) causes substantial emotional distress in such 

8 person; and 

9 ‘‘(B) serves no legitimate purpose; and 

10 ‘‘(2) the term ‘course of conduct’ means a series of acts 

11 over a period of time, however short, indicating a continuity 

12 of purpose. 

13 ‘‘§ 1140. Civil action to protect against retaliation 

14 in fraud cases 

15 ‘‘(a) WHISTLEBLOWER PROTECTION FOR EMPLOYEES OF

16 PUBLICLY TRADED COMPANIES.—No company with a class of 

17 securities registered under section 12 of the Securities Ex18 change Act of 1934 (15 U.S.C. 78l), or that is required to file 

19 reports under section 15(d) of the Securities Exchange Act of 

20 1934 (15 U.S.C. 78o(d)), or any officer, employee, contractor, 

21 subcontractor, or agent of such company, may discharge, de22 mote, suspend, threaten, harass, or in any other manner dis23 criminate against an employee in the terms and conditions of 

24 employment because of any lawful act done by the employee— 

25 ‘‘(1) to provide information, cause information to be pro26 vided, or otherwise assist in an investigation regarding any 

27 conduct which the employee reasonably believes constitutes 

28 a violation of section 801, 803, 804, or 807, any rule or 

29 regulation of the Securities and Exchange Commission, or 

30 any provision of Federal law relating to fraud against 

31 shareholders, when the information or assistance is pro32 vided to or the investigation is conducted by— 

33 ‘‘(A) a Federal regulatory or law enforcement agen34 cy; 

35 ‘‘(B) any Member of Congress or any committee of 

36 Congress; or 


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1 ‘‘(C) a person with supervisory authority over the 

2 employee (or such other person working for the em3 ployer who has the authority to investigate, discover, or 

4 terminate misconduct); or 

5 ‘‘(2) to file, cause to be filed, testify, participate in, or 

6 otherwise assist in a proceeding filed or about to be filed 

7 (with any knowledge of the employer) relating to an alleged 

8 violation of section 801, 803, 804, or 807, any rule or reg9 ulation of the Securities and Exchange Commission, or any 

10 provision of Federal law relating to fraud against share11 holders. 

12 ‘‘(b) ENFORCEMENT ACTION.— 

13 ‘‘(1) IN GENERAL.—A person who alleges discharge or 

14 other discrimination by any person in violation of sub15 section (a) may seek relief under subsection (c), by— 

16 ‘‘(A) filing a complaint with the Secretary of Labor; 

17 or 

18 ‘‘(B) if the Secretary has not issued a final decision 

19 within 180 days of the filing of the complaint and there 

20 is no showing that such delay is due to the bad faith 

21 of the claimant, bringing an action at law or equity for 

22 de novo review in the appropriate district court of the 

23 United States, which shall have jurisdiction over such 

24 an action without regard to the amount in controversy. 

25 ‘‘(2) PROCEDURE.— 

26 ‘‘(A) IN GENERAL.—An action under paragraph 

27 (1)(A) shall be governed under the rules and proce28 dures set forth in section 42121(b) of title 49. 

29 ‘‘(B) EXCEPTION.—Notification made under section 

30 42121(b)(1) of title 49, shall be made to the person 

31 named in the complaint and to the employer. 

32 ‘‘(C) BURDENS OF PROOF.—An action brought 

33 under paragraph (1)(B) shall be governed by the legal 

34 burdens of proof set forth in section 42121(b) of title 

35 49. 


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1 ‘‘(D) STATUTE OF LIMITATIONS.—An action under 

2 paragraph (1) shall be commenced not later than 90 

3 days after the date on which the violation occurs. 

4 ‘‘(c) REMEDIES.— 

5 ‘‘(1) IN GENERAL.—An employee prevailing in any action 

6 under subsection (b)(1) shall be entitled to all relief nec7 essary to make the employee whole. 

8 ‘‘(2) COMPENSATORY DAMAGES.—Relief for any action 

9 under paragraph (1) shall include— 

10 ‘‘(A) reinstatement with the same seniority status 

11 that the employee would have had, but for the discrimi12 nation; 

13 ‘‘(B) the amount of back pay, with interest; and 

14 ‘‘(C) compensation for any special damages sus15 tained as a result of the discrimination, including liti16 gation costs, expert witness fees, and reasonable attor17 ney fees. 

18 ‘‘(d) RIGHTS RETAINED BY EMPLOYEE.—Nothing in this 

19 section shall be deemed to diminish the rights, privileges, or 

20 remedies of any employee under any Federal or State law, or 

21 under any collective bargaining agreement. 

22 ‘‘§ 1141. Definitions for certain provisions; general 

23 provision 

24 ‘‘(a) DEFINITIONS FOR SECTIONS 1137 AND 1138.—As used 

25 in sections 1137 and 1138 and in this section— 

26 ‘‘(1) the term ‘official proceeding’ means— 

27 ‘‘(A) a proceeding before a judge or court of the 

28 United States, a United States magistrate judge, a 

29 bankruptcy judge, a judge of the United States Tax 

30 Court, a special trial judge of the Tax Court, a judge 

31 of the United States Court of Federal Claims, or a 

32 Federal grand jury; 

33 ‘‘(B) a proceeding before the Congress; 

34 ‘‘(C) a proceeding before a Federal Government 

35 agency which is authorized by law; or 

36 ‘‘(D) a proceeding involving the business of insur37 ance whose activities affect interstate commerce before 


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1 any insurance regulatory official or agency or any 

2 agent or examiner appointed by such official or agency 

3 to examine the affairs of any person engaged in the 

4 business of insurance whose activities affect interstate 

5 commerce; 

6 ‘‘(2) the term ‘physical force’ means physical action 

7 against another, and includes confinement; 

8 ‘‘(3) the term ‘misleading conduct’ means— 

9 ‘‘(A) knowingly making a false statement; 

10 ‘‘(B) intentionally omitting information from a state11 ment and thereby causing a portion of such statement 

12 to be misleading, or intentionally concealing a material 

13 fact, and thereby creating a false impression by such 

14 statement; 

15 ‘‘(C) with intent to mislead, knowingly submitting or 

16 inviting reliance on a writing or recording that is false, 

17 forged, altered, or otherwise lacking in authenticity; 

18 ‘‘(D) with intent to mislead, knowingly submitting or 

19 inviting reliance on a sample, specimen, map, photo20 graph, boundary mark, or other object that is mis21 leading in a material respect; or 

22 ‘‘(E) knowingly using a trick, scheme, or device with 

23 intent to mislead; 

24 ‘‘(4) the term ‘law enforcement officer’ means an officer 

25 or employee of the Federal Government, or a person au26 thorized to act for or on behalf of the Federal Government 

27 or serving the Federal Government as an adviser or con28 sultant— 

29 ‘‘(A) authorized under law to engage in or supervise 

30 the prevention, detection, investigation, or prosecution 

31 of an offense; or 

32 ‘‘(B) serving as a probation or pretrial services offi33 cer under this title; 

34 ‘‘(5) the term ‘corruptly persuades’ does not include con35 duct which would be misleading conduct but for a lack of 

36 a state of mind. 


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1 ‘‘(b) DEFINITION FOR SECTION 1133.—As used in section 

2 1505, the term ‘corruptly’ means acting with an improper pur3 pose, personally or by influencing another, including making a 

4 false or misleading statement, or withholding, concealing, alter5 ing, or destroying a document or other information. 

6 ‘‘(c) EXCLUSION.—This subchapter does not prohibit or pun7 ish the providing of lawful, bona fide, legal representation serv8 ices in connection with or anticipation of an official proceeding. 

9 ‘‘§ 1142. Destruction of corporate audit records 

10 ‘‘(a) REGULATORY REQUIREMENTS.—(1) Any accountant 

11 who conducts an audit of an issuer of securities to which sec12 tion 10A(a) of the Securities Exchange Act of 1934 (15 U.S.C. 

13 78j-1(a)) applies, shall maintain all audit or review workpapers 

14 for a period of 5 years from the end of the fiscal period in 

15 which the audit or review was concluded. 

16 ‘‘(2) The Securities and Exchange Commission shall promul17 gate, within 180 days, after adequate notice and an opportunity 

18 for comment, such rules and regulations, as are reasonably nec19 essary, relating to the retention of relevant records such as 

20 workpapers, documents that form the basis of an audit or re21 view, memoranda, correspondence, communications, other docu22 ments, and records (including electronic records) which are cre23 ated, sent, or received in connection with an audit or review 

24 and contain conclusions, opinions, analyses, or financial data 

25 relating to such an audit or review, which is conducted by any 

26 accountant who conducts an audit of an issuer of securities to 

27 which section 10A(a) of the Securities Exchange Act of 1934 

28 (15 U.S.C. 78j-1(a)) applies. The Commission may, from time 

29 to time, amend or supplement the rules and regulations that 

30 it is required to promulgate under this section, after adequate 

31 notice and an opportunity for comment, in order to ensure that 

32 such rules and regulations adequately comport with the pur33 poses of this section. 

34 ‘‘(b) OFFENSE.—Whoever knowingly violates subsection 

35 (a)(1), or any rule or regulation promulgated by the Securities 

36 and Exchange Commission under subsection (a)(2), shall be 

37 imprisoned not more than 10 years. 


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1 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall 

2 be deemed to diminish or relieve any person of any other duty 

3 or obligation imposed by Federal or State law or regulation to 

4 maintain, or refrain from destroying, any document. 

5 ‘‘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. 

6 ‘‘§ 1161. Providing or possessing contraband in 

7 prison 

8 ‘‘(a) OFFENSE.—Whoever— 

9 ‘‘(1) in violation of a statute or a rule or order issued 

10 under a statute, provides to an inmate of a prison a prohib11 ited object, or attempts to do so; or 

12 ‘‘(2) being an inmate of a prison, makes, possesses, or 

13 obtains, or attempts to make or obtain, a prohibited object; 

14 shall be punished as provided in subsection (b) of this section. 

15 ‘‘(b) PUNISHMENT.—The punishment for an offense under 

16 this section is a fine under this title or— 

17 ‘‘(1) imprisonment for not more than 20 years, or both, 

18 if the object is specified in subsection (d)(1)(C) of this sec19 tion; 

20 ‘‘(2) imprisonment for not more than 10 years, or both, 

21 if the object is specified in subsection (d)(1)(A) of this sec22 tion; 

23 ‘‘(3) imprisonment for not more than 5 years, or both, 

24 if the object is specified in subsection (d)(1)(B) of this sec25 tion; 

26 ‘‘(4) imprisonment for not more than one year, or both, 

27 if the object is specified in subsection (d)(1)(D) or 

28 (d)(1)(E) of this section; and 

29 ‘‘(5) imprisonment for not more than 6 months, or both, 

30 if the object is specified in subsection (d)(1)(F) of this sec31 tion. 

32 ‘‘(c) CONSECUTIVE PUNISHMENT REQUIRED IN CERTAIN

33 CASES.—Any punishment imposed under subsection (b) for a 

34 violation of this section involving a controlled substance shall 


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1 be consecutive to any other sentence imposed by any court for 

2 an offense involving such a controlled substance. Any punish3 ment imposed under subsection (b) for a violation of this sec4 tion by an inmate of a prison shall be consecutive to the sen5 tence being served by such inmate at the time the inmate com6 mits such violation. 

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

8 ‘‘(1) the term ‘prohibited object’ means— 

9 ‘‘(A) a firearm or destructive device or a controlled 

10 substance in schedule I or II, other than marijuana or 

11 a controlled substance referred to in subparagraph (C) 

12 of this subsection; 

13 ‘‘(B) marijuana or a controlled substance in schedule 

14 III, other than a controlled substance referred to in 

15 subparagraph (C) of this subsection, ammunition, a 

16 weapon (other than a firearm or destructive device), or 

17 an object that is designed or intended to be used as a 

18 weapon or to facilitate escape from a prison; 

19 ‘‘(C) a narcotic drug, methamphetamine, its salts, 

20 isomers, and salts of its isomers, lysergic acid 

21 diethylamide, or phencyclidine; 

22 ‘‘(D) a controlled substance (other than a controlled 

23 substance referred to in subparagraph (A), (B), or (C) 

24 of this subsection) or an alcoholic beverage; 

25 ‘‘(E) any United States or foreign currency; and 

26 ‘‘(F) any other object that threatens the order, dis27 cipline, or security of a prison, or the life, health, or 

28 safety of an individual; 

29 ‘‘(2) the terms ‘ammunition’, ‘firearm’, and ‘destructive 

30 device’ have, respectively, the meanings given those terms 

31 in section 921 of this title; 

32 ‘‘(3) the terms ‘controlled substance’ and ‘narcotic drug’ 

33 have, respectively, the meanings given those terms in sec34 tion 102 of the Controlled Substances Act (21 U.S.C. 802); 

35 and 

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1 ity in which persons are held in custody by direction of or 

2 pursuant to a contract or agreement with the Attorney 

3 General. 

4 ‘‘§ 1162. Mutiny and riot prohibited 

5 ‘‘Whoever instigates any mutiny or riot, at any Federal 

6 penal, detention, or correctional facility, shall be imprisoned not 

7 more than ten years. 

8 ‘‘§ 1163. Trespass on Bureau of Prisons reserva9 tions and land 

10 ‘‘Whoever, without lawful authority or permission, goes upon 

11 a reservation, land, or a facility of the Bureau of Prisons shall 

12 be imprisoned not more than six months. 

13 ‘‘SUBCHAPTER K—PUBLIC OFFICERS AND 

14 EMPLOYEES 

‘‘Sec. 

‘‘1171. Disclosure of confidential information generally. 

15 ‘‘§ 1171. Disclosure of confidential information 

16 generally 

17 ‘‘Whoever, being an officer or employee of the United States 

18 or of any department or agency thereof, any person acting on 

19 behalf of the Federal Housing Finance Agency, or agent of the 

20 Department of Justice as defined in the Antitrust Civil Process 

21 Act (15 U.S.C. 1311–1314), or being an employee of a private 

22 sector organization who is or was assigned to an agency under 

23 chapter 37 of title 5, publishes, divulges, discloses, or makes 

24 known in any manner or to any extent not authorized by law 

25 any information coming to him in the course of his employment 

26 or official duties or by reason of any examination or investiga27 tion made by, or return, report or record made to or filed with, 

28 such department or agency or officer or employee thereof, 

29 which information concerns or relates to the trade secrets, 

30 processes, operations, style of work, or apparatus, or to the 

31 identity, confidential statistical data, amount or source of any 

32 income, profits, losses, or expenditures of any person, firm, 

33 partnership, corporation, or association; or permits any income 

34 return or copy thereof or any book containing any abstract or 

35 particulars thereof to be seen or examined by any person except 


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1 as provided by law; shall be imprisoned not more than one 

2 year; and shall be removed from office or employment. 

3 ‘‘SUBCHAPTER L—RECORDS AND REPORTS 

‘‘Sec. 

‘‘1181. Concealment, removal, or mutilation generally. 

‘‘1182. False entries and reports of moneys or securities. 

4 ‘‘§ 1181. Concealment, removal, or mutilation gen5 erally 

6 ‘‘Whoever knowingly and unlawfully conceals, removes, muti7 lates, obliterates, or destroys, or attempts to do so, or, with in8 tent to do so takes and carries away any record, proceeding, 

9 map, book, paper, document, or other thing, filed or deposited 

10 with any clerk or officer of any court of the United States, or 

11 in any public office, or with any judicial or public officer of the 

12 United States, shall be imprisoned not more than three years. 

13 ‘‘§ 1182. False entries and reports of moneys or se14 curities 

15 ‘‘Whoever— 

16 ‘‘(1) being an officer, clerk, agent, or other employee of 

17 the United States or any of its agencies, charged with the 

18 duty of keeping accounts or records of any kind, with in19 tent to deceive, mislead, injure, or defraud, makes in any 

20 such account or record any false or fictitious entry or 

21 record of any matter relating to or connected with his du22 ties; or 

23 ‘‘(2) being an officer, clerk, agent, or other employee of 

24 the United States or any of its agencies, charged with the 

25 duty of receiving, holding, or paying over moneys or securi26 ties to, for, or on behalf of the United States, or of receiv27 ing or holding in trust for any person any moneys or secu28 rities, with like intent, makes a false report of such moneys 

29 or securities; 

30 shall be imprisoned not more than ten years. 

31 ‘‘SUBCHAPTER M—SEARCHES AND SEIZURES 

‘‘Sec. 

‘‘1191. Destruction or removal of property to prevent seizure. 

‘‘1192. Rescue of seized property. 


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1 ‘‘§ 1191. Destruction or removal of property to 

2 prevent seizure 

3 ‘‘(a) DESTRUCTION OR REMOVAL OF PROPERTY TO PRE4 VENT SEIZURE.—Whoever, before, during, or after any search 

5 for or seizure of property by any person authorized to make 

6 such search or seizure, knowingly destroys, damages, wastes, 

7 disposes of, transfers, or otherwise takes any action, or know8 ingly attempts to destroy, damage, waste, dispose of, transfer, 

9 or otherwise take any action, for the purpose of preventing or 

10 impairing the Government’s lawful authority to take such prop11 erty into its custody or control or to continue holding such 

12 property under its lawful custody and control, shall be impris13 oned not more than 5 years. 

14 ‘‘(b) IMPAIRMENT OF IN REM JURISDICTION.—Whoever, 

15 knowing that property is subject to the in rem jurisdiction of 

16 a United States court for purposes of civil forfeiture under 

17 Federal law, knowingly and without authority from that court, 

18 destroys, damages, wastes, disposes of, transfers, or otherwise 

19 takes any action, or knowingly attempts to destroy, damage, 

20 waste, dispose of, transfer, or otherwise take any action, for the 

21 purpose of impairing or defeating the court’s continuing in rem 

22 jurisdiction over the property, shall be imprisoned not more 

23 than 5 years. 

24 ‘‘(c) NOTICE OF SEARCH OR EXECUTION OF SEIZURE WAR25 RANT OR WARRANT OF ARREST IN REM.—Whoever, having 

26 knowledge that any person authorized to make searches and 

27 seizures, or to execute a seizure warrant or warrant of arrest 

28 in rem, in order to prevent the authorized seizing or securing 

29 of any person or property, gives notice or attempts to give no30 tice in advance of the search, seizure, or execution of a seizure 

31 warrant or warrant of arrest in rem, to any person shall be im32 prisoned not more than 5 years. 

33 ‘‘(d) NOTICE OF CERTAIN ELECTRONIC SURVEILLANCE.— 

34 Whoever, having knowledge that a Federal investigative or law 

35 enforcement officer has been authorized or has applied for au36 thorization under subchapter C of chapter 37 to intercept a 

37 wire, oral, or electronic communication, in order to obstruct, 


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1 impede, or prevent such interception, gives notice or attempts 

2 to give notice of the possible interception to any person shall 

3 be imprisoned not more than five years. 

4 ‘‘(e) FOREIGN INTELLIGENCE SURVEILLANCE.—Whoever, 

5 having knowledge that a Federal officer has been authorized or 

6 has applied for authorization to conduct electronic surveillance 

7 under the Foreign Intelligence Surveillance Act of 1978 (50 

8 U.S.C. 1801, et seq.), in order to obstruct, impede, or prevent 

9 such activity, gives notice or attempts to give notice of the pos10 sible activity to any person shall be imprisoned not more than 

11 five years. 

12 ‘‘§ 1192. Rescue of seized property 

13 ‘‘Whoever forcibly rescues, dispossesses, or attempts to res14 cue or dispossess any property, articles, or objects after the 

15 same shall have been taken, detained, or seized by any officer 

16 or other person under the authority of any revenue law of the 

17 United States, or by any person authorized to make searches 

18 and seizures, shall be imprisoned not more than two years. 

19 ‘‘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. 

20 ‘‘§ 1201. Government property or contracts 

21 ‘‘Whoever knowingly and without authority injures or com22 mits any depredation against any property of the United 

23 States, or of any department or agency thereof, or any property 

24 which has been or is being manufactured or constructed for the 

25 United States, or any department or agency thereof, or at26 tempts to commit any of the foregoing offenses, shall be pun27 ished as follows: 

28 ‘‘(1) If the damage or attempted damage to such prop29 erty exceeds the sum of $1,000, by imprisonment for not 

30 more than ten years. 


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1 ‘‘(2) If the damage or attempted damage to such prop2 erty does not exceed the sum of $1,000, by imprisonment 

3 for not more than one year. 

4 ‘‘§ 1202. Communication lines, stations, or systems 

5 ‘‘(a) OFFENSE.—Whoever knowingly and without author6 ity— 

7 ‘‘(1) injures or destroys any of the works, property, or 

8 material of any radio, telegraph, telephone or cable, line, 

9 station, or system, or other means of communication, oper10 ated or controlled by the United States, or used or intended 

11 to be used for military or civil defense functions of the 

12 United States, whether constructed or in process of con13 struction; 

14 ‘‘(2) interferes in any way with the working or use of 

15 any such line or system; or 

16 ‘‘(3) obstructs, hinders, or delays the transmission of any 

17 communication over any such line or system; 

18 shall be imprisoned not more than ten years. 

19 ‘‘(b) EXCLUSION.—In the case of any works, property, or 

20 material, not operated or controlled by the United States, this 

21 section shall not apply to any lawful strike activity, or other 

22 lawful concerted activities for the purposes of collective bar23 gaining or other mutual aid and protection which do not injure 

24 or destroy any line or system used or intended to be used for 

25 the military or civil defense functions of the United States. 

26 ‘‘§ 1203. Buildings or property within special mar27 itime and territorial jurisdiction 

28 ‘‘Whoever, within the special maritime and territorial juris29 diction of the United States, knowingly and without authority 

30 destroys or injures any structure, conveyance, or other real or 

31 personal property shall be imprisoned not more than five years 

32 and if the building be a dwelling, or the life of any person be 

33 placed in jeopardy, shall be imprisoned not more than twenty 

34 years. 

35 ‘‘§ 1204. Tampering with consumer products 

36 ‘‘(a) TAMPERING IN GENERAL.—Whoever, with reckless dis37 regard for the risk that another person will be placed in danger 


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1 of death or bodily injury and under circumstances manifesting 

2 extreme indifference to such risk, tampers with any consumer 

3 product that affects interstate or foreign commerce, or the la4 beling of, or container for, any such product, or attempts to do 

5 so, shall— 

6 ‘‘(1) in the case of an attempt, be imprisoned not more 

7 than ten years; 

8 ‘‘(2) if death of an individual results, be imprisoned for 

9 any term of years or for life; 

10 ‘‘(3) if serious bodily injury to any individual results, be 

11 imprisoned not more than twenty years; and 

12 ‘‘(4) in any other case, be imprisoned not more than ten 

13 years. 

14 ‘‘(b) TAINTING WITH INTENT TO CAUSE SERIOUS INJURY

15 THROUGH BUSINESS.—Whoever, with intent to cause serious 

16 injury to the business of any person, taints any consumer prod17 uct or renders materially false or misleading the labeling of, or 

18 container for, a consumer product, if such consumer product 

19 affects interstate or foreign commerce, shall be imprisoned not 

20 more than three years. 

21 ‘‘(c) FALSE INFORMATION.—(1) Whoever knowingly commu22 nicates false information that a consumer product has been 

23 tainted, if such product or the results of such communication 

24 affect interstate or foreign commerce, and if such tainting, had 

25 it occurred, would create a risk of death or bodily injury to an26 other person, shall be imprisoned not more than five years. 

27 ‘‘(2) As used in paragraph (1) of this subsection, the term 

28 ‘communicates false information’ means communicates informa29 tion that is false and that the communicator knows is false, 

30 under circumstances in which the information may reasonably 

31 be expected to be believed. 

32 ‘‘(d) THREATS.—Whoever knowingly threatens, under cir33 cumstances in which the threat may reasonably be expected to 

34 be believed, that conduct that, if it occurred, would violate sub35 section (a) of this section will occur, shall be imprisoned not 

36 more than five years. 


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1 ‘‘(e) CONSPIRACY.—Whoever is a party to a conspiracy of 

2 two or more persons to commit an offense under subsection (a) 

3 of this section, if any of the parties intentionally engages in any 

4 conduct in furtherance of such offense, shall be imprisoned not 

5 more than ten years. 

6 ‘‘(f) TAMPERING WITH WRITING.—(1) Whoever, without the 

7 consent of the manufacturer, retailer, or distributor, inten8 tionally tampers with a consumer product that is sold in inter9 state or foreign commerce by knowingly placing or inserting 

10 any writing in the consumer product, or in the container for 

11 the consumer product, before the sale of the consumer product 

12 to any consumer shall be imprisoned not more than 1 year. 

13 ‘‘(2) Notwithstanding the provisions of paragraph (1), if any 

14 person commits a violation of this subsection after a prior con15 viction under this section becomes final, such person shall be 

16 imprisoned for not more than 3 years. 

17 ‘‘(3) In this subsection, the term ‘writing’ means any form 

18 of representation or communication, including hand-bills, no19 tices, or advertising, that contain letters, words, or pictorial 

20 representations. 

21 ‘‘(g) AUTHORITY OF FOOD AND DRUG ADMINISTRATION AND

22 DEPARTMENT OF AGRICULTURE.—In addition to any other 

23 agency which has authority to investigate violations of this sec24 tion, the Food and Drug Administration and the Department 

25 of Agriculture, respectively, have authority to investigate viola26 tions of this section involving a consumer product that is regu27 lated by a provision of law such Administration or Department, 

28 as the case may be, administers. 

29 ‘‘(h) DEFINITIONS.—As used in this section— 

30 ‘‘(1) the term ‘consumer product’ means— 

31 ‘‘(A) any ‘food’, ‘drug’, ‘device’, or ‘cosmetic’, as 

32 those terms are respectively defined in section 201 of 

33 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

34 321); or 

35 ‘‘(B) any article, product, or commodity which is 

36 customarily produced or distributed for consumption by 

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1 sonal care or in the performance of services ordinarily 

2 rendered within the household, and which is designed 

3 to be consumed or expended in the course of such con4 sumption or use; and 

5 ‘‘(2) the term ‘labeling’ has the meaning given such term 

6 in section 201(m) of the Federal Food, Drug, and Cosmetic 

7 Act (21 U.S.C. 321(m)). 

8 ‘‘§ 1205. Destruction of an energy facility 

9 ‘‘(a) DAMAGE EXCEEDING $100,000.—Whoever knowingly 

10 and without authority— 

11 ‘‘(1) damages the property of an energy facility in an 

12 amount that exceeds $100,000; or 

13 ‘‘(2) damages the property of an energy facility in any 

14 amount and thereby causes a significant interruption or im15 pairment of a function of an energy facility; 

16 shall be imprisoned for not more than 20 years. 

17 ‘‘(b) DAMAGE EXCEEDING $5,000.—Whoever knowingly and 

18 without authority damages the property of an energy facility in 

19 an amount that exceeds $5,000 shall be imprisoned for not 

20 more than five years. 

21 ‘‘(c) DEFINITION.—As used in this section, the term ‘energy 

22 facility’ means a facility that is involved in the production, stor23 age, transmission, or distribution of electricity, fuel, or another 

24 form or source of energy, or research, development, or dem25 onstration facilities relating thereto, regardless of whether such 

26 facility is still under construction or is otherwise not func27 tioning, except a facility subject to the jurisdiction, administra28 tion, or in the custody of the Nuclear Regulatory Commission 

29 or an interstate gas pipeline facility as defined in section 60101 

30 of title 49. 

31 ‘‘(d) INCREASED PUNISHMENT WHERE DEATH RESULTS.— 

32 Whoever is convicted of a violation of subsection (a) or (b) that 

33 has resulted in the death of any person shall be subject to im34 prisonment for any term of years or life. 


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1 ‘‘§ 1206. Harming animals used in law enforce2 ment 

3 ‘‘(a) OFFENSE.—Whoever maliciously harms any police ani4 mal shall be imprisoned not more than 1 year. If the offense 

5 permanently disables or disfigures the animal, or causes serious 

6 bodily injury to or the death of the animal, the maximum term 

7 of imprisonment shall be 10 years. 

8 ‘‘(b) DEFINITION.—In this section, the term ‘police animal’ 

9 means a dog or horse employed by a Federal agency (whether 

10 in the executive, legislative, or judicial branch) for the principal 

11 purpose of aiding in the detection of criminal activity, enforce12 ment of laws, or apprehension of criminal offenders. 

13 ‘‘§ 1207. Destruction of veterans’ memorials 

14 ‘‘(a) OFFENSE.—Whoever, as made applicable by subsection 

15 (b), knowingly and without authority injures or destroys any 

16 structure, plaque, statue, or other monument on public prop17 erty commemorating the service of any person or persons in the 

18 armed forces of the United States shall be imprisoned not more 

19 than 10 years. 

20 ‘‘(b) FEDERAL NEXUS.—Subsection (a) applies if— 

21 ‘‘(1) in committing the offense, the defendant travels or 

22 causes another to travel in interstate or foreign commerce, 

23 or uses the mail or an instrumentality of interstate or for24 eign commerce; or 

25 ‘‘(2) the structure, plaque, statue, or other monument is 

26 located on property owned by, or under the jurisdiction of, 

27 the Federal Government. 

28 ‘‘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. 

29 ‘‘§ 1211. Timber removed or transported 

30 ‘‘(a) OFFENSE.—Whoever knowingly and without author31 ity— 


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1 ‘‘(1) cuts or destroys any timber growing on the public 

2 lands of the United States; 

3 ‘‘(2) removes any timber from those public lands, with 

4 intent to export or to dispose of that timber; or 

5 ‘‘(3) being the owner, master, pilot, operator, or con6 signee of any vessel, motor vehicle, or aircraft or the owner, 

7 director, or agent of any railroad, knowingly transports any 

8 timber so cut or removed, or lumber manufactured from 

9 that timber; 

10 shall be imprisoned not more than one year. 

11 ‘‘(b) EXCLUSION.—This section does not prevent any miner 

12 or agriculturist from clearing land in the ordinary working of 

13 the miner’s mining claim, or in the preparation of the 

14 agriculturalist’s farm for tillage, or from taking the timber nec15 essary to support improvements, or the taking of timber for the 

16 use of the United States; nor shall it interfere with or take 

17 away any right or privilege under any existing law of the 

18 United States to cut or remove timber from any public lands. 

19 ‘‘§ 1212. Trees cut or injured 

20 ‘‘Whoever knowingly and without authority cuts, injures, or 

21 destroys any tree growing, standing, or being upon any land of 

22 the United States which, in pursuance of law, has been re23 served or purchased by the United States for any public use, 

24 or upon any Indian reservation, or lands belonging to or occu25 pied by any tribe of Indians under the authority of the United 

26 States, or any Indian allotment while the title to the same shall 

27 be held in trust by the Government, or while the same shall re28 main inalienable by the allottee without the consent of the 

29 United States, shall be imprisoned not more than one year. 

30 ‘‘§ 1213. Timber set afire 

31 ‘‘(a) OFFENSE.—Whoever, knowingly and without authority, 

32 sets on fire any timber, underbrush, or grass or other inflam33 mable material upon the public domain or upon any lands 

34 owned or leased by or under the partial, concurrent, or exclu35 sive jurisdiction of the United States, or under contract for 

36 purchase or for the acquisition of which condemnation pro37 ceedings have been instituted, or upon any Indian reservation 


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1 or lands belonging to or occupied by any tribe or group of Indi2 ans under authority of the United States, or upon any Indian 

3 allotment while the title to the same shall be held in trust by 

4 the Government, or while the same shall remain inalienable by 

5 the allottee without the consent of the United States, shall be 

6 imprisoned not more than five years. 

7 ‘‘(b) EXCLUSION.—This section does not apply in the case of 

8 a fire set by an allottee in the reasonable exercise of his propri9 etary rights in the allotment. 

10 ‘‘§ 1214. Fires left unattended and unextinguished 

11 ‘‘Whoever, having kindled or caused to be kindled, a fire in 

12 or near any forest, timber, or other inflammable material upon 

13 any lands owned, controlled or leased by, or under the partial, 

14 concurrent, or exclusive jurisdiction of the United States, in15 cluding lands under contract for purchase or for the acquisition 

16 of which condemnation proceedings have been instituted, and 

17 including any Indian reservation or lands belonging to or occu18 pied by any tribe or group of Indians under the authority of 

19 the United States, or any Indian allotment while the title to the 

20 same is held in trust by the United States, or while the same 

21 shall remain inalienable by the allottee without the consent of 

22 the United States, leaves said fire without totally extinguishing 

23 the same, or permits or suffers the fire to burn or spread be24 yond his control, or leaves or suffers the fire to burn unat25 tended, shall be imprisoned not more than six months. 

26 ‘‘§ 1215. Trespass on national forest lands 

27 ‘‘Whoever, without authority goes upon any national-forest 

28 land while it is closed to the public pursuant to lawful regula29 tion of the Secretary of Agriculture, shall be imprisoned not 

30 more than six months. 

31 ‘‘§ 1216. Hazardous or injurious devices on Fed32 eral lands 

33 ‘‘(a) ELEMENTS OF THE OFFENSE.—Whoever— 

34 ‘‘(1) with the intent to violate the Controlled Substances 

35 Act, 

36 ‘‘(2) with the intent to obstruct or harass the harvesting 

37 of timber, or 


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1 ‘‘(3) with reckless disregard to the risk that another per2 son will be placed in danger of death or bodily injury and 

3 under circumstances manifesting extreme indifference to 

4 such risk, 

5 uses a hazardous or injurious device on Federal land, on an In6 dian reservation, or on an Indian allotment while the title to 

7 such allotment is held in trust by the United States or while 

8 such allotment remains inalienable by the allottee without the 

9 consent of the United States shall be punished under sub10 section (b). 

11 ‘‘(b) PUNISHMENT.—An individual who violates subsection 

12 (a) shall— 

13 ‘‘(1) if death of an individual results, be imprisoned for 

14 any term of years or for life; 

15 ‘‘(2) if serious bodily injury to any individual results, be 

16 imprisoned for not more than 40 years; 

17 ‘‘(3) if bodily injury to any individual results, be impris18 oned for not more than 20 years; 

19 ‘‘(4) if damage to the property of any individual results 

20 or if avoidance costs have been incurred exceeding $10,000, 

21 in the aggregate, be imprisoned for not more than 20 

22 years; and 

23 ‘‘(5) in any other case, be imprisoned for not more than 

24 one year. 

25 ‘‘(c) INCREASED PUNISHMENT.—Any individual who is pun26 ished under subsection (b)(5) after one or more prior convic27 tions under any such subsection shall be imprisoned for not 

28 more than 20 years. 

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

30 ‘‘(1) the term ‘hazardous or injurious device’ means a 

31 device, which when assembled or placed, is capable of caus32 ing bodily injury, or damage to property, by the action of 

33 any person making contact with such device subsequent to 

34 the assembly or placement. Such term includes guns at35 tached to trip wires or other triggering mechanisms, ammu36 nition attached to trip wires or other triggering mecha37 nisms, or explosive devices attached to trip wires or other 


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1 triggering mechanisms, sharpened stakes, lines or wires, 

2 lines or wires with hooks attached, nails placed so that the 

3 sharpened ends are positioned in an upright manner, or 

4 tree spiking devices including spikes, nails, or other objects 

5 hammered, driven, fastened, or otherwise placed into or on 

6 any timber, whether or not severed from the stump; and 

7 ‘‘(2) the term ‘avoidance costs’ means costs incurred by 

8 any individual for the purpose of— 

9 ‘‘(A) detecting a hazardous or injurious device; or 

10 ‘‘(B) preventing death, serious bodily injury, bodily 

11 injury, or property damage likely to result from the use 

12 of a hazardous or injurious device in violation of sub13 section (a). 

14 ‘‘(e) CIVIL ACTION.—Any person injured as the result of a 

15 violation of subsection (a) may commence a civil action on his 

16 own behalf against any person who is alleged to be in violation 

17 of subsection (a). The district courts shall have jurisdiction, 

18 without regard to the amount in controversy or the citizenship 

19 of the parties, in such civil actions. The court may award, in 

20 addition to monetary damages for any injury resulting from an 

21 alleged violation of subsection (a), costs of litigation, including 

22 reasonable attorney and expert witness fees, to any prevailing 

23 or substantially prevailing party, whenever the court determines 

24 such award is appropriate. 

25 ‘‘SUBCHAPTER P—RESTRICTED BUILDING OR 

26 GROUNDS 

‘‘Sec. 

‘‘1221. Restricted building or grounds. 

27 ‘‘§ 1221. Restricted building or grounds 

28 ‘‘(a) PROHIBITIONS.—Whoever— 

29 ‘‘(1) knowingly enters or remains in any restricted build30 ing or grounds; 

31 ‘‘(2) knowingly, and with intent to impede or disrupt the 

32 orderly conduct of Government business or official func33 tions, engages in disorderly or disruptive conduct in, or 

34 within such proximity to, any restricted building or grounds 

35 when, or so that, such conduct, in fact, impedes or disrupts 


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1 the orderly conduct of Government business or official 

2 functions; 

3 ‘‘(3) knowingly obstructs or impedes ingress or egress to 

4 or from any restricted building, grounds; or 

5 ‘‘(4) knowingly engages in any act of physical violence 

6 against any person or property in any restricted building 

7 or grounds; 

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

9 ‘‘(b) PUNISHMENT.—Violation of this section shall be pun10 ishable by— 

11 ‘‘(1) imprisonment for not more than 10 years, if— 

12 ‘‘(A) the person, during and in relation to the of13 fense, uses or carries a deadly or dangerous weapon or 

14 firearm; or 

15 ‘‘(B) the offense results in significant bodily injury 

16 as defined by section 2118(e)(3); and 

17 ‘‘(2) imprisonment for not more than one year, in any 

18 other case. 

19 ‘‘(c) PLACE OF PROSECUTION.—Violation of this section, 

20 and attempts or conspiracies to commit such violations, shall 

21 be prosecuted by the United States attorney in the Federal dis22 trict court having jurisdiction of the place where the offense oc23 curred. 

24 ‘‘(d) EFFECT ON STATE LAW.—None of the laws of the 

25 United States or of the several States and the District of Co26 lumbia are superseded by this section. 

27 ‘‘(e) DEFINITIONS.—As used in this section— 

28 ‘‘(1) the term ‘other person protected by the Secret Serv29 ice’ means any person whom the United States Secret Serv30 ice is authorized to protect under section 3056 of this title 

31 when such person has not declined such protection; and 

32 ‘‘(2) the term ‘restricted buildings or grounds’ means a 

33 posted, cordoned off, or otherwise restricted area of a 

34 building or grounds— 

35 ‘‘(A) where the President or other person protected 

36 by the Secret Service is or will be temporarily visiting; 

37 or 


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1 ‘‘(B) so restricted in conjunction with an event des2 ignated as a special event of national significance. 

3 ‘‘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 

4 ‘‘SUBCHAPTER A—PIRACY AND PRIVATEERING 

‘‘Sec. 

‘‘1251. Piracy under law of nations. 

5 ‘‘§ 1251. Piracy under law of nations 

6 ‘‘Whoever, on the high seas, commits the crime of piracy as 

7 defined by the law of nations, and is afterwards brought into 

8 or found in the United States, shall be imprisoned for life. 

9 ‘‘SUBCHAPTER B—PEONAGE, SLAVERY, AND 

10 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. 

11 ‘‘§ 1261. Peonage 

12 ‘‘Whoever holds or returns any person to a condition of peon13 age, or arrests any person with the intent of placing him in or 

14 returning him to a condition of peonage, shall be imprisoned 

15 not more than 20 years. If death results from the violation of 

16 this section, or if the violation includes kidnapping or an at17 tempt to kidnap, aggravated sexual abuse or the attempt to 

18 commit aggravated sexual abuse, or an attempt to kill, the de19 fendant shall be imprisoned for any term of years or life. 

20 ‘‘§ 1262. Sale into involuntary servitude 

21 ‘‘Whoever knowingly holds to involuntary servitude or sells 

22 into any condition of involuntary servitude, any other person 

23 for any term, or brings within the United States any person 


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1 so held, shall be imprisoned not more than 20 years. If death 

2 results from the violation of this section, or if the violation in3 cludes kidnapping or an attempt to kidnap, aggravated sexual 

4 abuse or the attempt to commit aggravated sexual abuse, or an 

5 attempt to kill, the defendant shall be imprisoned for any term 

6 of years or life. 

7 ‘‘§ 1263. Forced labor 

8 ‘‘Whoever knowingly provides or obtains the labor or services 

9 of a person— 

10 ‘‘(1) by threats of serious harm to, or physical restraint 

11 against, that person or another person; 

12 ‘‘(2) by means of any scheme, plan, or pattern intended 

13 to cause the person to believe that, if the person did not 

14 perform such labor or services, that person or another per15 son would suffer serious harm or physical restraint; or 

16 ‘‘(3) by means of the abuse or threatened abuse of law 

17 or the legal process, 

18 shall be imprisoned not more than 20 years. If death results 

19 from the violation of this section, or if the violation includes 

20 kidnapping or an attempt to kidnap, aggravated sexual abuse 

21 or the attempt to commit aggravated sexual abuse, or an at22 tempt to kill, the defendant shall be imprisoned for any term 

23 of years or life. 

24 ‘‘§ 1264. Trafficking with respect to peonage, slav25 ery, involuntary servitude, or forced labor 

26 ‘‘Whoever knowingly recruits, harbors, transports, provides, 

27 or obtains by any means, any person for labor or services in 

28 violation of this chapter shall be imprisoned not more than 20 

29 years. If death results from the violation of this section, or if 

30 the violation includes kidnapping or an attempt to kidnap, ag31 gravated sexual abuse, or the attempt to commit aggravated 

32 sexual abuse, or an attempt to kill, the defendant shall be im33 prisoned for any term of years or life. 

34 ‘‘§ 1265. Sex trafficking of children or by force, 

35 fraud, or coercion 

36 ‘‘(a) ELEMENTS OF THE OFFENSE.—Whoever knowingly— 


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1 ‘‘(1) in or affecting interstate or foreign commerce, or 

2 within the special maritime and territorial jurisdiction of 

3 the United States, recruits, entices, harbors, transports, 

4 provides, or obtains by any means a person; or 

5 ‘‘(2) benefits, financially or by receiving anything of 

6 value, from participation in a venture which has engaged 

7 in an act described in violation of paragraph (1), 

8 knowing that force, fraud, or coercion described in subsection 

9 (c)(2) will be used to cause the person to engage in a commer10 cial sex act, or that the person has not attained the age of 18 

11 years and will be caused to engage in a commercial sex act, 

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

13 ‘‘(b) PUNISHMENT.—The punishment for an offense under 

14 subsection (a) is— 

15 ‘‘(1) if the offense was effected by force, fraud, or coer16 cion or if the person recruited, enticed, harbored, trans17 ported, provided, or obtained had not attained the age of 

18 14 years at the time of such offense, by a fine under this 

19 title or imprisonment for any term of years or for life, or 

20 both; or 

21 ‘‘(2) if the offense was not so effected, and the person 

22 recruited, enticed, harbored, transported, provided, or ob23 tained had attained the age of 14 years but had not at24 tained the age of 18 years at the time of such offense, by 

25 a fine under this title or imprisonment for not more than 

26 40 years, or both. 

27 ‘‘(c) DEFINITIONS.—As used in this section— 

28 ‘‘(1) the term ‘commercial sex act’ means any sex act, 

29 on account of which anything of value is given to or re30 ceived by any person; 

31 ‘‘(2) the term ‘coercion’ means— 

32 ‘‘(A) threats of serious harm to or physical restraint 

33 against any person; 

34 ‘‘(B) any scheme, plan, or pattern intended to cause 

35 a person to believe that failure to perform an act would 

36 result in serious harm to or physical restraint against 

37 any person; or 


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1 ‘‘(C) the abuse or threatened abuse of law or the 

2 legal process; and 

3 ‘‘(3) the term ‘venture’ means any group of two or more 

4 individuals associated in fact, whether or not a legal entity. 

5 ‘‘§ 1266. Unlawful conduct with respect to docu6 ments in furtherance of trafficking, peon7 age, slavery, involuntary servitude, or 

8 forced labor 

9 ‘‘(a) OFFENSE.—Whoever knowingly destroys, conceals, re10 moves, confiscates, or possesses any actual or purported pass11 port or other immigration document, or any other actual or 

12 purported government identification document, of another per13 son— 

14 ‘‘(1) in the course of a violation of section 1261, 1262, 

15 1263, 1264, or 1265; 

16 ‘‘(2) with intent to violate section 1261, 1262, 1263, 

17 1264, or 1265; or 

18 ‘‘(3) to prevent or restrict or to attempt to prevent or 

19 restrict, without lawful authority, the person’s liberty to 

20 move or travel, in order to maintain the labor or services 

21 of that person, when the person is or has been a victim of 

22 a severe form of trafficking in persons, as defined in sec23 tion 103 of the Trafficking Victims Protection Act of 2000, 

24 shall be imprisoned for not more than 5 years. 

25 ‘‘(b) EXCLUSION.—Subsection (a) does not apply to the con26 duct of a person who is or has been a victim of a severe form 

27 of trafficking in persons, as defined in section 103 of the Traf28 ficking Victims Protection Act of 2000, if that conduct is 

29 caused by, or incident to, that trafficking. 

30 ‘‘§ 1267. Civil remedy 

31 ‘‘(a) CIVIL ACTION.—An individual who is a victim of a vio32 lation of section 1263, 1264, or 1265 may bring a civil action 

33 against the perpetrator in an appropriate district court of the 

34 United States and may recover damages and reasonable attor35 neys fees. 


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1 ‘‘(b) STAY.—(1) Any civil action filed under this section shall 

2 be stayed during the pendency of any criminal action arising 

3 out of the same occurrence in which the claimant is the victim. 

4 ‘‘(2) In this subsection, a ‘criminal action’ includes investiga5 tion and prosecution and is pending until final adjudication in 

6 the trial court. 

7 ‘‘SUBCHAPTER C—GENOCIDE 

‘‘Sec. 

‘‘1281. Genocide. 

‘‘1282. Definitions. 

8 ‘‘§ 1281. Genocide 

9 ‘‘(a) BASIC OFFENSE.—Whoever, whether in time of peace 

10 or in time of war, in a circumstance described in subsection (d) 

11 and with the specific intent to destroy, in whole or in substan12 tial part, a national, ethnic, racial, or religious group as such— 

13 ‘‘(1) kills members of that group; 

14 ‘‘(2) causes serious bodily injury to members of that 

15 group; 

16 ‘‘(3) causes the permanent impairment of the mental fac17 ulties of members of the group through drugs, torture, or 

18 similar techniques; 

19 ‘‘(4) subjects the group to conditions of life that are in20 tended to cause the physical destruction of the group in 

21 whole or in part; 

22 ‘‘(5) imposes measures intended to prevent births within 

23 the group; or 

24 ‘‘(6) transfers by force children of the group to another 

25 group; 

26 or attempts to do so, shall be punished as provided in sub27 section (b). 

28 ‘‘(b) PUNISHMENT FOR BASIC OFFENSE.—The punishment 

29 for an offense under subsection (a) is— 

30 ‘‘(1) in the case of an offense under subsection (a)(1), 

31 where death results, by death or imprisonment for life and 

32 a fine of not more than $1,000,000, or both; and 


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1 ‘‘(2) a fine of not more than $1,000,000 or imprison2 ment for not more than twenty years, or both, in any other 

3 case. 

4 ‘‘(c) INCITEMENT OFFENSE.—Whoever in a circumstance de5 scribed in subsection (d) directly and publicly incites another 

6 to violate subsection (a) shall be imprisoned not more than five 

7 years. 

8 ‘‘(d) REQUIRED CIRCUMSTANCE FOR OFFENSES.—The cir9 cumstance referred to in subsections (a) and (c) is that— 

10 ‘‘(1) the offense is committed within the United States; 

11 or 

12 ‘‘(2) the alleged offender is a national of the United 

13 States (as defined in section 101 of the Immigration and 

14 Nationality Act (8 U.S.C. 1101)). 

15 ‘‘(e) NONAPPLICABILITY OF CERTAIN LIMITATIONS.—Not16 withstanding section 3282 of this title, in the case of an offense 

17 under subsection (a)(1), an indictment may be found, or infor18 mation instituted, at any time without limitation. 

19 ‘‘§ 1282. Definitions 

20 ‘‘As used in this subchapter— 

21 ‘‘(1) the term ‘children’ means the plural and means in22 dividuals who have not attained the age of eighteen years; 

23 ‘‘(2) the term ‘ethnic group’ means a set of individuals 

24 whose identity as such is distinctive in terms of common 

25 cultural traditions or heritage; 

26 ‘‘(3) the term ‘incites’ means urges another to engage 

27 imminently in conduct in circumstances under which there 

28 is a substantial likelihood of imminently causing such con29 duct; 

30 ‘‘(4) the term ‘members’ means the plural; 

31 ‘‘(5) the term ‘national group’ means a set of individuals 

32 whose identity as such is distinctive in terms of nationality 

33 or national origins; 

34 ‘‘(6) the term ‘racial group’ means a set of individuals 

35 whose identity as such is distinctive in terms of physical 

36 characteristics or biological descent; 


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1 ‘‘(7) the term ‘religious group’ means a set of individuals 

2 whose identity as such is distinctive in terms of common 

3 religious creed, beliefs, doctrines, practices, or rituals; and 

4 ‘‘(8) the term ‘substantial part’ means a part of a group 

5 of such numerical significance that the destruction or loss 

6 of that part would cause the destruction of the group as 

7 a viable entity within the nation of which such group is a 

8 part. 

9 ‘‘SUBCHAPTER D—TORTURE 

‘‘Sec. 

‘‘1291. Torture. 

‘‘1292. Definitions. 

10 ‘‘§ 1291. Torture 

11 ‘‘(a) OFFENSE.—Whoever outside the United States commits 

12 or attempts to commit torture shall be imprisoned not more 

13 than 20 years and if death results to any person from conduct 

14 prohibited by this subsection, shall be punished by death or im15 prisoned for any term of years or for life. 

16 ‘‘(b) JURISDICTION.—There is jurisdiction over the activity 

17 prohibited in subsection (a) if— 

18 ‘‘(1) the alleged offender is a national of the United 

19 States; or 

20 ‘‘(2) the alleged offender is present in the United States, 

21 irrespective of the nationality of the victim or alleged of22 fender. 

23 ‘‘(c) CONSPIRACY.—A person who conspires to commit an of24 fense under this section shall be subject to the same penalties 

25 (other than the penalty of death) as the penalties prescribed for 

26 the offense, the commission of which was the object of the con27 spiracy. 

28 ‘‘§ 1292. Definitions 

29 ‘‘As used in this subchapter— 

30 ‘‘(1) the term ‘torture’ means an act committed by a per31 son acting under the color of law specifically intended to 

32 inflict severe physical or mental pain or suffering (other 

33 than pain or suffering incidental to lawful sanctions) upon 

34 another person within his custody or physical control; and 


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1 ‘‘(2) the term ‘severe mental pain or suffering’ means 

2 the prolonged mental harm caused by or resulting from— 

3 ‘‘(A) the intentional infliction or threatened infliction 

4 of severe physical pain or suffering; 

5 ‘‘(B) the administration or application, or threatened 

6 administration or application, of mind-altering sub7 stances or other procedures calculated to disrupt pro8 foundly the senses or the personality; 

9 ‘‘(C) the threat of imminent death; or 

10 ‘‘(D) the threat that another person will imminently 

11 be subjected to death, severe physical pain or suffering, 

12 or the administration or application of mind-altering 

13 substances or other procedures calculated to disrupt 

14 profoundly the senses or personality. 

15 ‘‘SUBCHAPTER E—WAR CRIMES 

‘‘Sec. 

‘‘1296. War crimes. 

‘‘1297. Recruitment or use of child soldiers 

16 ‘‘§ 1296. War crimes 

17 ‘‘(a) OFFENSE.—Whoever, whether inside or outside the 

18 United States, commits a war crime, in any of the cir19 cumstances described in subsection (b), shall be imprisoned for 

20 life or any term of years and if death results to the victim, 

21 shall also be subject to the penalty of death. 

22 ‘‘(b) CIRCUMSTANCES.—The circumstances referred to in 

23 subsection (a) are that the person committing such war crime 

24 or the victim of such war crime is a member of the Armed 

25 Forces of the United States or a national of the United States 

26 (as defined in section 101 of the Immigration and Nationality 

27 Act). 

28 ‘‘(c) DEFINITION.—As used in this section the term ‘war 

29 crime’ means any conduct— 

30 ‘‘(1) defined as a grave breach in any of the inter31 national conventions signed at Geneva 12 August 1949, or 

32 any protocol to such convention to which the United States 

33 is a party; 


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1 ‘‘(2) prohibited by Article 23, 25, 27, or 28 of the Annex 

2 to the Hague Convention IV, Respecting the Laws and 

3 Customs of War on Land, signed 18 October 1907; 

4 ‘‘(3) which constitutes a grave breach of common Article 

5 3 (as defined in subsection (d)) when committed in the con6 text of and in association with an armed conflict not of an 

7 international character; or 

8 ‘‘(4) of a person who, in relation to an armed conflict 

9 and contrary to the provisions of the Protocol on Prohibi10 tions or Restrictions on the Use of Mines, Booby-Traps and 

11 Other Devices as amended at Geneva on 3 May 1996 (Pro12 tocol II as amended on 3 May 1996), when the United 

13 States is a party to such Protocol, knowingly kills or causes 

14 serious injury to civilians. 

15 ‘‘(d) COMMON ARTICLE 3 VIOLATIONS.— 

16 ‘‘(1) PROHIBITED CONDUCT.—In subsection (c)(3), the 

17 term ‘grave breach of common Article 3’ means any con18 duct (such conduct constituting a grave breach of common 

19 Article 3 of the international conventions done at Geneva 

20 August 12, 1949), as follows: 

21 ‘‘(A) TORTURE.—The act of a person who commits 

22 an act specifically intended to inflict severe physical or 

23 mental pain or suffering (other than pain or suffering 

24 incidental to lawful sanctions) upon another person 

25 within his custody or physical control for the purpose 

26 of obtaining information or a confession, punishment, 

27 intimidation, coercion, or any reason based on discrimi28 nation of any kind. 

29 ‘‘(B) CRUEL OR INHUMAN TREATMENT.—The act of 

30 a person who commits an act intended to inflict severe 

31 or serious physical or mental pain or suffering (other 

32 than pain or suffering incidental to lawful sanctions), 

33 including serious physical abuse, upon another within 

34 his custody or control. 

35 ‘‘(C) PERFORMING BIOLOGICAL EXPERIMENTS.—The 

36 act of a person who subjects one or more persons with37 in his custody or physical control to biological experiVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00528 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 ments without a legitimate medical or dental purpose 

2 and in so doing endangers the body or health of such 

3 person or persons. 

4 ‘‘(D) MURDER.—The act of a person who inten5 tionally kills or kills whether intentionally or uninten6 tionally in the course of committing any other offense 

7 under this subsection, one or more persons taking no 

8 active part in the hostilities, including those placed out 

9 of combat by sickness, wounds, detention, or any other 

10 cause. 

11 ‘‘(E) MUTILATION OR MAIMING.—The act of a per12 son who intentionally injures or injures whether inten13 tionally or unintentionally in the course of committing 

14 any other offense under this subsection, one or more 

15 persons taking no active part in the hostilities, includ16 ing those placed out of combat by sickness, wounds, de17 tention, or any other cause, by disfiguring the person 

18 or persons by any mutilation thereof or by permanently 

19 disabling any member, limb, or organ of his body, with20 out any legitimate medical or dental purpose. 

21 ‘‘(F) INTENTIONALLY CAUSING SERIOUS BODILY IN22 JURY.—The act of a person who intentionally causes 

23 serious bodily injury to one or more persons, including 

24 lawful combatants, in violation of the law of war. 

25 ‘‘(G) RAPE.—The act of a person who forcibly or 

26 with coercion or threat of force wrongfully invades the 

27 body of a person by penetrating, however slightly, the 

28 anal or genital opening of the victim with any part of 

29 the body of the accused, or with any foreign object. 

30 ‘‘(H) SEXUAL ASSAULT OR ABUSE.—The act of a 

31 person who forcibly or with coercion or threat of force 

32 engages in sexual contact with one or more persons, or 

33 causes one or more persons to engage in sexual contact. 

34 ‘‘(I) TAKING HOSTAGES.—The act of a person who, 

35 having knowingly seized or detained one or more per36 sons, threatens to kill, injure, or continue to detain 

37 such person or persons with the intent of compelling 


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1 any nation, person other than the hostage, or group of 

2 persons to act or refrain from acting as an explicit or 

3 implicit condition for the safety or release of such per4 son or persons. 

5 ‘‘(2) DEFINITIONS.—In the case of an offense under sub6 section (a) by reason of subsection (c)(3)— 

7 ‘‘(A) the term ‘severe mental pain or suffering’ shall 

8 be applied for purposes of paragraphs (1)(A) and 

9 (1)(B) in accordance with the meaning given that term 

10 in section 2340(2) of this title; 

11 ‘‘(B) the term ‘serious bodily injury’ shall be applied 

12 for purposes of paragraph (1)(F) in accordance with 

13 the meaning given that term in section 113(b)(2) of 

14 this title; 

15 ‘‘(C) the term ‘sexual contact’ shall be applied for 

16 purposes of paragraph (1)(G) in accordance with the 

17 meaning given that term in section 2246(3) of this 

18 title; 

19 ‘‘(D) the term ‘serious physical pain or suffering’ 

20 shall be applied for purposes of paragraph (1)(B) as 

21 meaning bodily injury that involves— 

22 ‘‘(i) a substantial risk of death; 

23 ‘‘(ii) extreme physical pain; 

24 ‘‘(iii) a burn or physical disfigurement of a seri25 ous nature (other than cuts, abrasions, or bruises); 

26 or 

27 ‘‘(iv) significant loss or impairment of the func28 tion of a bodily member, organ, or mental faculty; 

29 and 

30 ‘‘(E) the term ‘serious mental pain or suffering’ shall 

31 be applied for purposes of paragraph (1)(B) in accord32 ance with the meaning given the term ‘severe mental 

33 pain or suffering’ (as defined in section 2340(2) of this 

34 title), except that— 

35 ‘‘(i) the term ‘serious’ shall replace the term ‘se36 vere’ where it appears; and 


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1 ‘‘(ii) as to conduct occurring after the date of the 

2 enactment of the Military Commissions Act of 

3 2006, the term ‘serious and non-transitory mental 

4 harm (which need not be prolonged)’ shall replace 

5 the term ‘prolonged mental harm’ where it appears. 

6 ‘‘(3) INAPPLICABILITY OF CERTAIN PROVISIONS WITH

7 RESPECT TO COLLATERAL DAMAGE OR INCIDENT OF LAW8 FUL ATTACK.—The intent specified for the conduct stated 

9 in subparagraphs (D), (E), and (F) or paragraph (1) pre10 cludes the applicability of those subparagraphs to an of11 fense under subsection (a) by reasons of subsection (c)(3) 

12 with respect to— 

13 ‘‘(A) collateral damage; or 

14 ‘‘(B) death, damage, or injury incident to a lawful 

15 attack. 

16 ‘‘(4) INAPPLICABILITY OF TAKING HOSTAGES TO PRIS17 ONER EXCHANGE.—Paragraph (1)(I) does not apply to an 

18 offense under subsection (a) by reason of subsection (c)(3) 

19 in the case of a prisoner exchange during wartime. 

20 ‘‘(5) DEFINITION OF GRAVE BREACHES.—The definitions 

21 in this subsection are intended only to define the grave 

22 breaches of common Article 3 and not the full scope of 

23 United States obligations under that Article. 

24 ‘‘§ 1297. Recruitment or use of child soldiers 

25 ‘‘(a) OFFENSE.—Whoever knowingly— 

26 ‘‘(1) recruits, enlists, or conscripts a person to serve 

27 while such person is under 15 years of age in an armed 

28 force or group; or 

29 ‘‘(2) uses a person under 15 years of age to participate 

30 actively in hostilities; 

31 knowing such person is under 15 years of age, shall be pun32 ished as provided in subsection (b). 

33 ‘‘(b) PENALTY.—Whoever violates subsection (a) shall be im34 prisoned not more than 20 years, and, if death of any person 

35 results, shall be imprisoned for any term of years or for life. 


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1 ‘‘(c) JURISDICTION.—There is jurisdiction over an offense 

2 described in subsection (a), and any attempt or conspiracy to 

3 commit such offense, if— 

4 ‘‘(1) the alleged offender is a national of the United 

5 States (as defined in section 101(a)(22) of the Immigration 

6 and Nationality Act (8 U.S.C. 1101(a)(22))) or an alien 

7 lawfully admitted for permanent residence in the United 

8 States (as defined in section 101(a)(20) of such Act (8 

9 U.S.C. 1101(a)(20)); 

10 ‘‘(2) the alleged offender is a stateless person whose ha11 bitual residence is in the United States; 

12 ‘‘(3) the alleged offender is present in the United States, 

13 irrespective of the nationality of the alleged offender; or 

14 ‘‘(4) the offense occurs in whole or in part within the 

15 United States. 

16 ‘‘(d) DEFINITIONS.—In this section: 

17 ‘‘(1) PARTICIPATE ACTIVELY IN HOSTILITIES.—The term 

18 ‘participate actively in hostilities’ means taking part in— 

19 ‘‘(A) combat or military activities related to combat, 

20 including sabotage and serving as a decoy, a courier, or 

21 at a military checkpoint; or 

22 ‘‘(B) direct support functions related to combat, in23 cluding transporting supplies or providing other serv24 ices. 

25 ‘‘(2) ARMED FORCE OR GROUP.—The term ‘armed force 

26 or group’ means any army, militia, or other military orga27 nization, whether or not it is state-sponsored, excluding any 

28 group assembled solely for nonviolent political association. 

29 ‘‘CHAPTER 33—TRANSPORTATION RELATED 

30 CRIMES 

‘‘Subchapter Sec. 

‘‘A. Aircraft and motor vehicles ............................................ 1301 

‘‘B. Roalroads ............................................................................... 1331 

‘‘C. Seamen and stowaways .................................................... 1341 

‘‘D. Shipping ................................................................................. 1351 

31 ‘‘SUBCHAPTER A—AIRCRAFT AND MOTOR VEHICLES 

‘‘Sec. 

‘‘1301. Destruction of aircraft or aircraft facilities. 

‘‘1302. Destruction of motor vehicles or motor vehicle facilities. 


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‘‘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. 

1 ‘‘§ 1301. Destruction of aircraft or aircraft facili2 ties 

3 ‘‘(a) IN GENERAL.—Whoever knowingly without authority— 

4 ‘‘(1) sets fire to, damages, destroys, disables, or wrecks 

5 any aircraft in the special aircraft jurisdiction of the 

6 United States or any civil aircraft used, operated, or em7 ployed in interstate, overseas, or foreign air commerce; 

8 ‘‘(2) places or causes to be placed a destructive device or 

9 substance in, upon, or in proximity to, or otherwise makes 

10 or causes to be made unworkable or unusable or hazardous 

11 to work or use, any such aircraft, or any part or other ma12 terials used or intended to be used in connection with the 

13 operation of such aircraft, if such placing or causing to be 

14 placed or such making or causing to be made is likely to 

15 endanger the safety of any such aircraft; 

16 ‘‘(3) sets fire to, damages, destroys, or disables any air 

17 navigation facility, or interferes by force or violence with 

18 the operation of such facility, if such fire, damaging, de19 stroying, disabling, or interfering is likely to endanger the 

20 safety of any such aircraft in flight; 

21 ‘‘(4) with the intent to damage, destroy, or disable any 

22 such aircraft, sets fire to, damages, destroys, or disables or 

23 places a destructive device or substance in, upon, or in 

24 proximity to, any appliance or structure, ramp, landing 

25 area, property, machine, or apparatus, or any facility or 

26 other material used, or intended to be used, in connection 

27 with the operation, maintenance, loading, unloading or 

28 storage of any such aircraft or any cargo carried or in29 tended to be carried on any such aircraft; 


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1 ‘‘(5) interferes with or disables, with intent to endanger 

2 the safety of any person or with a reckless disregard for 

3 the safety of human life, anyone engaged in the authorized 

4 operation of such aircraft or any air navigation facility aid5 ing in the navigation of any such aircraft; 

6 ‘‘(6) performs an act of violence against or incapacitates 

7 any individual on any such aircraft, if such act of violence 

8 or incapacitation is likely to endanger the safety of such 

9 aircraft; or 

10 ‘‘(7) communicates information, knowing the information 

11 to be false and under circumstances in which such informa12 tion may reasonably be believed, thereby endangering the 

13 safety of any such aircraft in flight, 

14 shall be imprisoned not more than 20 years. 

15 ‘‘(b) OTHER CIVIL AIRCRAFT.—Whoever knowingly— 

16 ‘‘(1) performs an act of violence against any individual 

17 on board any civil aircraft registered in a country other 

18 than the United States while such aircraft is in flight, if 

19 such act is likely to endanger the safety of that aircraft; 

20 ‘‘(2) destroys a civil aircraft registered in a country other 

21 than the United States while such aircraft is in service or 

22 causes damage to such an aircraft which renders that air23 craft incapable of flight or which is likely to endanger that 

24 aircraft’s safety in flight; or 

25 ‘‘(3) places or causes to be placed on a civil aircraft reg26 istered in a country other than the United States while 

27 such aircraft is in service, a device or substance which is 

28 likely to destroy that aircraft, or to cause damage to that 

29 aircraft which renders that aircraft incapable of flight or 

30 which is likely to endanger that aircraft’s safety in flight, 

31 shall be imprisoned not more than 20 years. There is also 

32 extraterritorial jurisdiction over an offense under this sub33 section if a national of the United States was on board, or 

34 would have been on board, the aircraft; an offender is a na35 tional of the United States; or an offender is afterwards found 

36 in the United States. 


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1 ‘‘(c) THREATS.—Whoever knowingly imparts or conveys any 

2 threat to do an act which would violate any of paragraphs (1) 

3 through (5) of subsection (a) or any of paragraphs (1) through 

4 (3) of subsection (b) of this section, with an apparent deter5 mination and will to carry the threat into execution shall be im6 prisoned not more than five years. 

7 ‘‘§ 1302. Destruction of motor vehicles or motor 

8 vehicle facilities 

9 ‘‘(a) OFFENSE.—Whoever— 

10 ‘‘(1) knowingly, with intent to endanger the safety of any 

11 person on board or anyone who he believes will board the 

12 same, or with a reckless disregard for the safety of human 

13 life, damages, disables, destroys, tampers with, or places or 

14 causes to be placed any explosive or other destructive sub15 stance in, upon, or in proximity to, any motor vehicle which 

16 is used, operated, or employed in interstate or foreign com17 merce, or its cargo or material used or intended to be used 

18 in connection with its operation; 

19 ‘‘(2) knowingly, with like intent, damages, disables, de20 stroys; 

21 ‘‘(3) sets fire to, tampers with, or places or causes to be 

22 placed any explosive or other destructive substance in, 

23 upon, or in proximity to any garage, terminal, structure, 

24 supply, or facility used in the operation of, or in support 

25 of the operation of, motor vehicles engaged in interstate or 

26 foreign commerce or otherwise makes or causes such prop27 erty to be made unworkable, unusable, or hazardous to 

28 work or use; or 

29 ‘‘(4) with like intent, knowingly disables or incapacitates 

30 any driver or person employed in connection with the oper31 ation or maintenance of the motor vehicle, or in any way 

32 lessens the ability of such person to perform his duties as 

33 such; 

34 shall be imprisoned not more than 20 years. 

35 ‘‘(b) INCREASED PENALTY.—Whoever is convicted of a viola36 tion of subsection (a) involving a motor vehicle that, at the 

37 time the violation occurred, carried high-level radioactive waste 


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1 (as that term is defined in section 2(12) of the Nuclear Waste 

2 Policy Act of 1982 (42 U.S.C. 10101(12))) or spent nuclear 

3 fuel (as that term is defined in section 2(23) of the Nuclear 

4 Waste Policy Act of 1982 (42 U.S.C. 10101(23))), shall be im5 prisoned for any term of years not less than 30, or for life. 

6 ‘‘§ 1303. Penalty when death results 

7 ‘‘Whoever is convicted of any crime prohibited by this sub8 chapter, which has resulted in the death of any person, shall 

9 be subject also to the death penalty or to imprisonment for life. 

10 ‘‘§ 1304. Imparting or conveying false information 

11 ‘‘(a) CIVIL PENALTY.—Whoever imparts or conveys or 

12 causes to be imparted or conveyed false information, knowing 

13 the information to be false, concerning an attempt or alleged 

14 attempt being made or to be made, to do any act which would 

15 be a crime prohibited by this subchapter or subchapter B or 

16 D of this chapter shall be subject to a civil penalty of not more 

17 than $1,000 which shall be recoverable in a civil action brought 

18 in the name of the United States. 

19 ‘‘(b) CRIMINAL OFFENSE.—Whoever knowingly, or with 

20 reckless disregard for the safety of human life, imparts or con21 veys or causes to be imparted or conveyed false information, 

22 knowing the information to be false, concerning an attempt or 

23 alleged attempt being made or to be made, to do any act which 

24 would be a crime prohibited by this subchapter or subchapter 

25 B or D of this chapter shall be imprisoned not more than five 

26 years. 

27 ‘‘§ 1305. Violence at international airports 

28 ‘‘(a) OFFENSE.—Whoever unlawfully and knowingly, using 

29 any device, substance, or weapon— 

30 ‘‘(1) performs an act of violence against a person at an 

31 airport serving international civil aviation that causes or is 

32 likely to cause serious bodily injury or death; or 

33 ‘‘(2) destroys or seriously damages the facilities of an 

34 airport serving international civil aviation or a civil aircraft 

35 not in service located thereon or disrupts the services of the 

36 airport, 

37 shall be imprisoned not more than 20 years. 


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1 ‘‘(b) JURISDICTION.—There is jurisdiction over the prohib2 ited activity in subsection (a) if— 

3 ‘‘(1) the prohibited activity takes place in the United 

4 States; or 

5 ‘‘(2) the prohibited activity takes place outside the 

6 United States and (A)the offender is later found in the 

7 United States; or (B) an offender or a victim is a national 

8 of the United States. 

9 ‘‘(c) BAR TO PROSECUTION.—It is a bar to Federal prosecu10 tion under subsection (a) for conduct that occurred within the 

11 United States that the conduct involved was during or in rela12 tion to a labor dispute, and such conduct is prohibited as a fel13 ony under the law of the State in which it was committed. 

14 ‘‘(d) DEFINITION.—As used in this section, the term ‘labor 

15 dispute’ has the meaning set forth in section 13(c) of the Nor16 ris-LaGuardia Act, as amended (29 U.S.C. 113(c)). 

17 ‘‘§ 1306. Fraud involving aircraft or space vehicle 

18 parts in interstate or foreign commerce 

19 ‘‘(a) OFFENSES.—Whoever, in or affecting interstate or for20 eign commerce, knowingly and with the intent to defraud— 

21 ‘‘(1)(A) falsifies or conceals a material fact concerning 

22 any aircraft or space vehicle part; 

23 ‘‘(B) makes any materially fraudulent representation 

24 concerning any aircraft or space vehicle part; or 

25 ‘‘(C) makes or uses any materially false writing, entry, 

26 certification, document, record, data plate, label, or elec27 tronic communication concerning any aircraft or space ve28 hicle part; or 

29 ‘‘(2) exports from or imports or introduces into the 

30 United States, sells, trades, installs on or in any aircraft 

31 or space vehicle any aircraft or space vehicle part using or 

32 by means of a fraudulent representation, document, record, 

33 certification, depiction, data plate, label, or electronic com34 munication; 

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

36 ‘‘(b) PENALTIES.—The punishment for an offense under 

37 subsection (a) is as follows: 


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1 ‘‘(1) AVIATION QUALITY.—If the offense relates to the 

2 aviation quality of a part and the part is installed in an 

3 aircraft or space vehicle, a fine of not more than $500,000, 

4 imprisonment for not more than 15 years, or both. 

5 ‘‘(2) FAILURE TO OPERATE AS REPRESENTED.—If, by 

6 reason of the failure of the part to operate as represented, 

7 the part to which the offense is related is the proximate 

8 cause of a malfunction or failure that results in serious 

9 bodily injury, a fine of not more than $1,000,000, impris10 onment for not more than 20 years, or both. 

11 ‘‘(3) FAILURE RESULTING IN DEATH.—If, by reason of 

12 the failure of the part to operate as represented, the part 

13 to which the offense is related is the proximate cause of a 

14 malfunction or failure that results in the death of any per15 son, a fine of not more than $1,000,000, imprisonment for 

16 any term of years or life, or both. 

17 ‘‘(4) OTHER CIRCUMSTANCES.—In the case of an offense 

18 under subsection (a) not described in paragraph (1), (2), 

19 or (3) of this subsection, a fine under this title, imprison20 ment for not more than 10 years, or both. 

21 ‘‘(5) ORGANIZATIONS.—If the offense is committed by an 

22 organization, a fine of not more than— 

23 ‘‘(A) $10,000,000 in the case of an offense described 

24 in paragraph (1) or (4); and 

25 ‘‘(B) $20,000,000 in the case of an offense described 

26 in paragraph (2) or (3). 

27 ‘‘(c) CIVIL REMEDIES.— 

28 ‘‘(1) IN GENERAL.—The district courts of the United 

29 States shall have jurisdiction to prevent and restrain viola30 tions of this section by issuing appropriate orders, includ31 ing— 

32 ‘‘(A) ordering a person (convicted of an offense 

33 under this section) to divest any interest, direct or indi34 rect, in any enterprise used to commit or facilitate the 

35 commission of the offense, or to destroy, or to mutilate 

36 and sell as scrap, aircraft material or part inventories 

37 or stocks; 


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1 ‘‘(B) imposing reasonable restrictions on the future 

2 activities or investments of any such person, including 

3 prohibiting engagement in the same type of endeavor 

4 as used to commit the offense; and 

5 ‘‘(C) ordering the dissolution or reorganization of 

6 any enterprise knowingly used to commit or facilitate 

7 the commission of an offense under this section making 

8 due provisions for the rights and interests of innocent 

9 persons. 

10 ‘‘(2) RESTRAINING ORDERS AND PROHIBITION.—Pending 

11 final determination of a proceeding brought under this sec12 tion, the court may enter such restraining orders or prohi13 bitions, or take such other actions (including the accept14 ance of satisfactory performance bonds) as the court deems 

15 proper. 

16 ‘‘(3) ESTOPPEL.—A final judgment rendered in favor of 

17 the United States in any criminal proceeding brought 

18 under this section shall stop the defendant from denying 

19 the essential allegations of the criminal offense in any sub20 sequent civil proceeding brought by the United States. 

21 ‘‘(e) TERRITORIAL SCOPE.—This section also applies to con22 duct occurring outside the United States if— 

23 ‘‘(1) the offender is a natural person who is a citizen or 

24 permanent resident alien of the United States, or an orga25 nization organized under the laws of the United States or 

26 political subdivision thereof; 

27 ‘‘(2) the aircraft or spacecraft part as to which the viola28 tion relates was installed in an aircraft or space vehicle 

29 owned or operated at the time of the offense by a citizen 

30 or permanent resident alien of the United States, or by an 

31 organization thereof; or 

32 ‘‘(3) an act in furtherance of the offense was committed 

33 in the United States. 

34 ‘‘§ 1307. Aircraft piracy 

35 ‘‘(a) IN SPECIAL AIRCRAFT JURISDICTION.—(1) For the 

36 purposes of this subsection— 


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1 ‘‘(A) the term ‘aircraft piracy’ means seizing or exer2 cising control of an aircraft in the special aircraft jurisdic3 tion of the United States by force, violence, threat of force 

4 or violence, or any form of intimidation, and with wrongful 

5 intent; and 

6 ‘‘(B) an attempt to commit aircraft piracy is in the spe7 cial aircraft jurisdiction of the United States although the 

8 aircraft is not in flight at the time of the attempt if the 

9 aircraft would have been in the special aircraft jurisdiction 

10 of the United States had the aircraft piracy been com11 pleted. 

12 ‘‘(2) Whoever commits aircraft piracy shall be imprisoned for 

13 not less than 20 years. 

14 ‘‘(b) OUTSIDE SPECIAL AIRCRAFT JURISDICTION.—(1) Who15 ever commits an offense (as defined in the Convention for the 

16 Suppression of Unlawful Seizure of Aircraft) on an aircraft in 

17 flight outside the special aircraft jurisdiction of the United 

18 States shall be imprisoned for at least 20 years. 

19 ‘‘(2) There is extrateritorial jurisdiction over the offense in 

20 paragraph (1) if— 

21 ‘‘(A) a national of the United States was aboard the air22 craft; 

23 ‘‘(B) an offender is a national of the United States; or 

24 ‘‘(C) an offender is afterwards found in the United 

25 States. 

26 ‘‘§ 1308. Interference with flight crew members 

27 and attendants 

28 ‘‘An individual on an aircraft in the special aircraft jurisdic29 tion of the United States who, by assaulting or intimidating a 

30 flight crew member or flight attendant of the aircraft, inter31 feres with the performance of the duties of the member or at32 tendant or lessens the ability of the member or attendant to 

33 perform those duties, shall be imprisoned for not more than 20 

34 years. However, if a dangerous weapon is used in assaulting or 

35 intimidating the member or attendant, the individual shall be 

36 imprisoned for any term of years or for life. 


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1 ‘‘§ 1309. Carrying a weapon or explosive on an air2 craft 

3 ‘‘(a) DEFINITION.—In this section, ‘loaded firearm’ means a 

4 starter gun or a weapon designed or converted to expel a pro5 jectile through an explosive, that has a cartridge, a detonator, 

6 or powder in the chamber, magazine, cylinder, or clip. 

7 ‘‘(b) GENERAL CRIMINAL PENALTY.—An individual shall be 

8 imprisoned for not more than 10 years if the individual— 

9 ‘‘(1) when on, or attempting to get on, an aircraft in, or 

10 intended for operation in, air transportation or intrastate 

11 air transportation, has on or about the individual or the 

12 property of the individual a concealed dangerous weapon 

13 that is or would be accessible to the individual in flight; 

14 ‘‘(2) has placed, attempted to place, or attempted to 

15 have placed a loaded firearm on that aircraft in property 

16 not accessible to passengers in flight; or 

17 ‘‘(3) has on or about the individual, or has placed, at18 tempted to place, or attempted to have placed on that air19 craft, an explosive or incendiary device. 

20 ‘‘(c) CRIMINAL PENALTY INVOLVING DISREGARD FOR

21 HUMAN LIFE.—An individual who willfully and without regard 

22 for the safety of human life, or with reckless disregard for the 

23 safety of human life, violates subsection (b) of this section, 

24 shall be imprisoned for not more than 20 years, and, if death 

25 results to any person, shall be imprisoned for any term of years 

26 or for life. 

27 ‘‘(d) NONAPPLICATION.—Subsection (b)(1) of this section 

28 does not apply to— 

29 ‘‘(1) a law enforcement officer of a State or political sub30 division of a State, or an officer or employee of the United 

31 States Government, authorized to carry arms in an official 

32 capacity; 

33 ‘‘(2) another individual the Administrator of the Federal 

34 Aviation Administration or the Under Secretary of Trans35 portation for Security by regulation authorizes to carry a 

36 dangerous weapon in air transportation or intrastate air 

37 transportation; or 


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1 ‘‘(3) an individual transporting a weapon (except a load2 ed firearm) in baggage not accessible to a passenger in 

3 flight if the air carrier was informed of the presence of the 

4 weapon. 

5 ‘‘§ 1310. Application of certain criminal laws to 

6 acts on aircraft 

7 ‘‘An individual on an aircraft in the special aircraft jurisdic8 tion of the United States who commits an act that— 

9 ‘‘(1) if committed in the special maritime and territorial 

10 jurisdiction of the United States (as defined in section 7 

11 of title 18) would violate section 102, 111, 141, 650, 651, 

12 or subchapter A of chapter 13, shall be imprisoned under 

13 that section or chapter; or 

14 ‘‘(2) if committed in the District of Columbia would vio15 late section 9 of the Act of July 29, 1892 (D.C. Code Sec. 

16 22–1112), shall be imprisoned under section 9 of the Act. 

17 ‘‘§ 1311. Definitions 

18 ‘‘(a) DEFINITIONS.—As used in sections 1301 through 1307, 

19 the following definitions apply: 

20 ‘‘(1) AIRCRAFT.—The term ‘aircraft’ means a civil, mili21 tary, or public contrivance invented, used, or designed to 

22 navigate, fly, or travel in the air. 

23 ‘‘(2) AVIATION QUALITY.—The term ‘aviation quality’, 

24 with respect to a part of an aircraft or space vehicle, means 

25 the quality of having been manufactured, constructed, pro26 duced, maintained, repaired, overhauled, rebuilt, recondi27 tioned, or restored in conformity with applicable standards 

28 specified by law (including applicable regulations). 

29 ‘‘(3) DESTRUCTIVE SUBSTANCE.—The term ‘destructive 

30 substance’ means an explosive substance, flammable mate31 rial, infernal machine, or other chemical, mechanical, or ra32 dioactive device or matter of a combustible, contaminative, 

33 corrosive, or explosive nature. 

34 ‘‘(4) IN FLIGHT.—The term ‘in flight’ means— 

35 ‘‘(A) any time from the moment at which all the ex36 ternal doors of an aircraft are closed following embarVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00542 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 kation until the moment when any such door is opened 

2 for disembarkation; and 

3 ‘‘(B) in the case of a forced landing, until competent 

4 authorities take over the responsibility for the aircraft 

5 and the persons and property on board. 

6 ‘‘(5) IN SERVICE.—The term ‘in service’ means— 

7 ‘‘(A) any time from the beginning of preflight prepa8 ration of an aircraft by ground personnel or by the 

9 crew for a specific flight until 24 hours after any land10 ing; and 

11 ‘‘(B) in any event includes the entire period during 

12 which the aircraft is in flight. 

13 ‘‘(6) MOTOR VEHICLE.—The term ‘motor vehicle’ means 

14 every description of carriage or other contrivance propelled 

15 or drawn by mechanical power and used for commercial 

16 purposes on the highways in the transportation of pas17 sengers, passengers and property, or property or cargo. 

18 ‘‘(7) PART.—The term ‘part’ means a frame, assembly, 

19 component, appliance, engine, propeller, material, part, 

20 spare part, piece, section, or related integral or auxiliary 

21 equipment. 

22 ‘‘(8) SPACE VEHICLE.—The term ‘space vehicle’ means 

23 a man-made device, either manned or unmanned, designed 

24 for operation beyond the Earth’s atmosphere. 

25 ‘‘(9) USED FOR COMMERCIAL PURPOSES.—The term 

26 ‘used for commercial purposes’ means the carriage of per27 sons or property for any fare, fee, rate, charge or other 

28 consideration, or directly or indirectly in connection with 

29 any business, or other undertaking intended for profit. 

30 ‘‘(b) TERMS DEFINED IN OTHER LAW.—In this subchapter, 

31 the terms ‘aircraft engine’, ‘air navigation facility’, ‘appliance’, 

32 ‘civil aircraft’, ‘foreign air commerce’, ‘interstate air com33 merce’, ‘landing area’, ‘overseas air commerce’, ‘propeller’, 

34 ‘spare part’, and ‘special aircraft jurisdiction of the United 

35 States’ have the meanings given those terms in sections 

36 40102(a) and 46501 of title 49. 


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1 ‘‘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. 

2 ‘‘§ 1331. Terrorist attacks and other violence 

3 against railroad carriers and against mass 

4 transportation systems on land, on water, 

5 or through the air 

6 ‘‘(a) GENERAL PROHIBITIONS.—Whoever, as made applica7 ble by subsection (c), knowingly and without lawful authority— 

8 ‘‘(1) wrecks, derails, sets fire to, or disables railroad on9 track equipment or a mass transportation vehicle; 

10 ‘‘(2) places any biological agent or toxin, destructive sub11 stance, or destructive device in, upon, or near railroad on12 track equipment or a mass transportation vehicle with in13 tent to endanger the safety of any person, or with a reck14 less disregard for the safety of human life; 

15 ‘‘(3) places or releases a hazardous material or a biologi16 cal agent or toxin on or near any property described in sub17 paragraph (A) or (B) of paragraph (4), with intent to en18 danger the safety of any person, or with reckless disregard 

19 for the safety of human life; 

20 ‘‘(4) sets fire to, undermines, makes unworkable, unus21 able, or hazardous to work on or use, or places any biologi22 cal agent or toxin, destructive substance, or destructive de23 vice in, upon, or near any— 

24 ‘‘(A) tunnel, bridge, viaduct, trestle, track, electro25 magnetic guideway, signal, station, depot, warehouse, 

26 terminal, or any other way, structure, property, or ap27 purtenance used in the operation of, or in support of 

28 the operation of, a railroad carrier, and with intent to, 

29 or knowing or having reason to know, such activity 

30 would likely, derail, disable, or wreck railroad on-track 

31 equipment; or 

32 ‘‘(B) garage, terminal, structure, track, electro33 magnetic guideway, supply, or facility used in the oper34 ation of, or in support of the operation of, a mass 


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1 transportation vehicle, and with intent to, or knowing 

2 or having reason to know, such activity would likely, 

3 derail, disable, or wreck a mass transportation vehicle 

4 used, operated, or employed by a mass transportation 

5 provider; 

6 ‘‘(5) removes an appurtenance from, damages, or other7 wise impairs the operation of a railroad signal system or 

8 mass transportation signal or dispatching system, including 

9 a train control system, centralized dispatching system, or 

10 highway-railroad grade crossing warning signal; 

11 ‘‘(6) with intent to endanger the safety of any person, 

12 or with a reckless disregard for the safety of human life, 

13 interferes with, disables, or incapacitates any dispatcher, 

14 driver, captain, locomotive engineer, railroad conductor, or 

15 other person while the person is employed in dispatching, 

16 operating, controlling, or maintaining railroad on-track 

17 equipment or a mass transportation vehicle; 

18 ‘‘(7) commits an act, including the use of a dangerous 

19 weapon, with the intent to cause death or serious bodily in20 jury to any person who is on property described in subpara21 graph (A) or (B) of paragraph (4); 

22 ‘‘(8) surveils, photographs, videotapes, diagrams, or oth23 erwise collects information with the intent to plan or assist 

24 in planning any of the acts described in paragraphs (1) 

25 through (6); 

26 ‘‘(9) conveys false information, knowing the information 

27 to be false, concerning an attempt or alleged attempt to en28 gage in a violation of this subsection; or 

29 ‘‘(10) threatens to engage in any violation of any of 

30 paragraphs (1) through (9); 

31 shall be imprisoned not more than 20 years, and if the offense 

32 results in the death of any person, shall be imprisoned for any 

33 term of years or for life, or be subject to the penalty of death, 

34 except in the case of a violation of paragraph (8), (9), or (10). 

35 ‘‘(b) AGGRAVATED OFFENSE.—Whoever commits an offense 

36 under subsection (a) of this section in a circumstance in 

37 which— 


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1 ‘‘(1) the railroad on-track equipment or mass transpor2 tation vehicle was carrying a passenger or employee at the 

3 time of the offense; 

4 ‘‘(2) the railroad on-track equipment or mass transpor5 tation vehicle was carrying high-level radioactive waste or 

6 spent nuclear fuel at the time of the offense; or 

7 ‘‘(3) the offense was committed with the intent to endan8 ger the safety of any person, or with a reckless disregard 

9 for the safety of any person, and the railroad on-track 

10 equipment or mass transportation vehicle was carrying a 

11 hazardous material at the time of the offense that— 

12 ‘‘(A) was required to be placarded under subpart F 

13 of part 172 of title 49, Code of Federal Regulations; 

14 and 

15 ‘‘(B) is identified as class number 3, 4, 5, 6.1, or 8 

16 and packing group I or packing group II, or class num17 ber 1, 2, or 7 under the hazardous materials table of 

18 section 172.101 of title 49, Code of Federal Regula19 tions, 

20 shall be imprisoned for any term of years or life, and if the of21 fense resulted in the death of any person, the person may be 

22 sentenced to death. 

23 ‘‘(c) APPLICABILITY.—Subsection (a) applies if any of the 

24 following are true: 

25 ‘‘(1) Any of the conduct required for the offense is, or, 

26 in the case of an attempt, threat, or conspiracy to engage 

27 in conduct, the conduct required for the completed offense 

28 would be, engaged in, on, against, or affecting a mass 

29 transportation provider, or a railroad carrier engaged in 

30 interstate or foreign commerce. 

31 ‘‘(2) Any person travels or communicates across a State 

32 line in order to commit the offense, or transports materials 

33 across a State line in aid of the commission of the offense. 

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

35 ‘‘(1) the term ‘biological agent’ has the meaning given to 

36 that term in section 178(1); 


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1 ‘‘(2) the term ‘dangerous weapon’ means a weapon, de2 vice, instrument, material, or substance, animate or inani3 mate, that is used for, or is readily capable of, causing 

4 death or serious bodily injury, including a pocket knife with 

a blade of less than 21 5 ⁄2 inches in length and a box cutter; 

6 ‘‘(3) the term ‘destructive device’ has the meaning given 

7 to that term in section 921(a)(4); 

8 ‘‘(4) the term ‘destructive substance’ means an explosive 

9 substance, flammable material, infernal machine, or other 

10 chemical, mechanical, or radioactive device or material, or 

11 matter of a combustible, contaminative, corrosive, or explo12 sive nature, except that the term ‘radioactive device’ does 

13 not include any radioactive device or material used solely 

14 for medical, industrial, research, or other peaceful pur15 poses; 

16 ‘‘(5) the term ‘hazardous material’ has the meaning 

17 given to that term in chapter 51 of title 49; 

18 ‘‘(6) the term ‘high-level radioactive waste’ has the 

19 meaning given to that term in section 2(12) of the Nuclear 

20 Waste Policy Act of 1982 (42 U.S.C. 10101(12)); 

21 ‘‘(7) the term ‘mass transportation’ has the meaning 

22 given to that term in section 5302(a)(7) of title 49, except 

23 that the term includes school bus, charter, and sightseeing 

24 transportation and passenger vessel as that term is defined 

25 in section 2101(22) of title 46; 

26 ‘‘(8) the term ‘on-track equipment’ means a carriage or 

27 other contrivance that runs on rails or electromagnetic 

28 guideways; 

29 ‘‘(9) the term ‘railroad on-track equipment’ means a 

30 train, locomotive, tender, motor unit, freight or passenger 

31 car, or other on-track equipment used, operated, or em32 ployed by a railroad carrier; 

33 ‘‘(10) the term ‘railroad’ has the meaning given to that 

34 term in chapter 201 of title 49; 

35 ‘‘(11) the term ‘railroad carrier’ has the meaning given 

36 to that term in chapter 201 of title 49; 


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1 ‘‘(12) the term ‘serious bodily injury’ has the meaning 

2 given to that term in section 1365; 

3 ‘‘(13) the term ‘spent nuclear fuel’ has the meaning 

4 given to that term in section 2(23) of the Nuclear Waste 

5 Policy Act of 1982 (42 U.S.C. 10101(23)); 

6 ‘‘(14) the term ‘toxin’ has the meaning given to that 

7 term in section 178(2); and 

8 ‘‘(15) the term ‘vehicle’ means any carriage or other con9 trivance used, or capable of being used, as a means of 

10 transportation on land, on water, or through the air. 

11 ‘‘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. 

12 ‘‘§ 1341. Drunkenness or neglect of duty by sea13 men 

14 ‘‘Whoever, being a master, officer, radio operator, seaman, 

15 apprentice or other person employed on any merchant vessel, 

16 by willful breach of duty, or by reason of drunkenness, does 

17 any act tending to the immediate loss or destruction of, or seri18 ous damage to, such vessel, or tending immediately to endanger 

19 the life or limb of any person belonging to or on board of such 

20 vessel; or, by knowing breach of duty or by neglect of duty or 

21 by reason of drunkenness, refuses or omits to do any lawful act 

22 proper and requisite to be done by him for preserving such ves23 sel from immediate loss, destruction, or serious damage, or for 

24 preserving any person belonging to or on board of such ship 

25 from immediate danger to life or limb, shall be imprisoned not 

26 more than one year. 

27 ‘‘§ 1342. Misuse of Federal certificate, license, or 

28 document 

29 ‘‘Whoever— 

30 ‘‘(1) not being lawfully entitled thereto, uses, exhibits, or 

31 attempts to use or exhibit, or, with intent unlawfully to use 

32 the same, receives or possesses any certificate, license, or 

33 document issued to vessels, or officers or seamen by any ofVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00548 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 ficer or employee of the United States authorized by law 

2 to issue the same; 

3 ‘‘(2) without authority, alters or attempts to alter any 

4 such certificate, license, or document by addition, interpola5 tion, deletion, or erasure; 

6 ‘‘(3) forges, counterfeits, or steals, or attempts to forge, 

7 counterfeit, or steal, any such certificate, license, or docu8 ment; or unlawfully possesses or knowingly uses any such 

9 altered, changed, forged, counterfeit, or stolen certificate, 

10 license, or document; 

11 ‘‘(4) without authority, prints or manufactures any blank 

12 form of such certificate, license, or document, or Whoever 

13 possesses without lawful excuse, and with intent unlawfully 

14 to use the same, any blank form of such certificate, license, 

15 or document; or 

16 ‘‘(5) in any manner, transfers or negotiates such transfer 

17 of, any blank form of such certificate, license, or document, 

18 or any such altered, forged, counterfeit, or stolen certifi19 cate, license, or document, or any such certificate, license, 

20 or document to which the party transferring or receiving 

21 the same is not lawfully entitled; 

22 shall be imprisoned not more than five years. 

23 ‘‘§ 1343. Stowaways on vessels or aircraft 

24 ‘‘(a) OFFENSE.—Whoever— 

25 ‘‘(1) without the consent of the owner, charterer, master, 

26 or person in command of any vessel, or aircraft, with intent 

27 to obtain transportation, boards, enters or secretes himself 

28 aboard such vessel or aircraft and is thereon at the time 

29 of departure of said vessel or aircraft from a port, harbor, 

30 wharf, airport or other place within the jurisdiction of the 

31 United States; 

32 ‘‘(2) with like intent, having boarded, entered or secreted 

33 himself aboard a vessel or aircraft at any place within or 

34 without the jurisdiction of the United States, remains 

35 aboard after the vessel or aircraft has left such place and 

36 is thereon at any place within the jurisdiction of the United 

37 States; or 


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1 ‘‘(3) with intent to obtain a ride or transportation, 

2 boards or enters any aircraft owned or operated by the 

3 United States without the consent of the person in com4 mand or other duly authorized officer or agent; 

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

6 ‘‘(b) PUNISHMENT.—The punishment for an offense under 

7 subsection (a) is imprisonment for not more than 5 years, 

8 but— 

9 ‘‘(1) if the person commits an offense under this section, 

10 with the intent to commit serious bodily injury, and serious 

11 bodily injury occurs to any person other than a participant 

12 as a result of the offense shall be imprisoned not more than 

13 20 years; and 

14 ‘‘(2) if an individual commits an offense under this sec15 tion, with the intent to cause death, and if the death of any 

16 person other than a participant occurs as a result of the 

17 offense shall be imprisoned for any number of years or for 

18 life. 

19 ‘‘(c) DEFINITION.—As used in this section the term ‘aircraft’ 

20 includes any contrivance for navigation or flight in the air. 

21 ‘‘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. 

22 ‘‘§ 1345. Violence against maritime navigation 

23 ‘‘(a) OFFENSES.— 

24 ‘‘(1) IN GENERAL.—A person who unlawfully and inten25 tionally— 

26 ‘‘(A) seizes or exercises control over a ship by force 

27 or threat thereof or any other form of intimidation; 


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1 ‘‘(B) performs an act of violence against a person on 

2 board a ship if that act is likely to endanger the safe 

3 navigation of that ship; 

4 ‘‘(C) destroys a ship or causes damage to a ship or 

5 to its cargo which is likely to endanger the safe naviga6 tion of that ship; 

7 ‘‘(D) places or causes to be placed on a ship, by any 

8 means whatsoever, a device or substance which is likely 

9 to destroy that ship, or cause damage to that ship or 

10 its cargo which endangers or is likely to endanger the 

11 safe navigation of that ship; 

12 ‘‘(E) destroys or seriously damages maritime naviga13 tional facilities or seriously interferes with their oper14 ation, if such act is likely to endanger the safe naviga15 tion of a ship; 

16 ‘‘(F) communicates information, knowing the infor17 mation to be false and under circumstances in which 

18 such information may reasonably be believed, thereby 

19 endangering the safe navigation of a ship; or 

20 ‘‘(G) injures or kills any person in connection with 

21 the commission or the attempted commission of any of 

22 the offenses set forth in subparagraphs (A) through 

23 (F), 

24 shall be imprisoned not more than 20 years; and if the 

25 death of any person results from conduct prohibited by this 

26 paragraph, shall be punished by death or imprisoned for 

27 any term of years or for life. 

28 ‘‘(2) THREAT TO NAVIGATION.—A person who threatens 

29 to do any act prohibited under paragraph (1)(B), (C) or 

30 (E), with apparent determination and will to carry the 

31 threat into execution, if the threatened act is likely to en32 danger the safe navigation of the ship in question, shall be 

33 imprisoned not more than 5 years. 

34 ‘‘(b) JURISDICTION.—There is jurisdiction over the activity 

35 prohibited in subsection (a)— 

36 ‘‘(1) in the case of a covered ship, if— 

37 ‘‘(A) such activity is committed— 


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1 ‘‘(i) against or on board a ship flying the flag of 

2 the United States at the time the prohibited activ3 ity is committed; 

4 ‘‘(ii) in the United States; or 

5 ‘‘(iii) by a national of the United States or by a 

6 stateless person whose habitual residence is in the 

7 United States; 

8 ‘‘(B) during the commission of such activity, a na9 tional of the United States is seized, threatened, in10 jured or killed; or 

11 ‘‘(C) the offender is later found in the United States 

12 after such activity is committed; 

13 ‘‘(2) in the case of a ship navigating or scheduled to 

14 navigate solely within the territorial sea or internal waters 

15 of a country other than the United States, if the offender 

16 is later found in the United States after such activity is 

17 committed; and 

18 ‘‘(3) in the case of any vessel, if such activity is com19 mitted in an attempt to compel the United States to do or 

20 abstain from doing any act. 

21 ‘‘(c) BAR TO PROSECUTION.—It is a bar to Federal prosecu22 tion under subsection (a) for conduct that occurred within the 

23 United States that the conduct involved was during or in rela24 tion to a labor dispute, and such conduct is prohibited as a fel25 ony under the law of the State in which it was committed. For 

26 purposes of this section, the term ‘labor dispute’ has the mean27 ing set forth in section 13(c) of the Norris-LaGuardia Act (29 

28 U.S.C. 113(c)). 

29 ‘‘(d) DELIVERY OF SUSPECTED OFFENDER.—The master of 

30 a covered ship flying the flag of the United States who has rea31 sonable grounds to believe that there is on board that ship any 

32 person who has committed an offense under Article 3 of the 

33 Convention for the Suppression of Unlawful Acts Against the 

34 Safety of Maritime Navigation may deliver such person to the 

35 authorities of a State Party to that Convention. Before deliv36 ering such person to the authorities of another country, the 

37 master shall notify in an appropriate manner the Attorney 


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1 General of the United States of the alleged offense and await 

2 instructions from the Attorney General as to what action to 

3 take. When delivering the person to a country which is a State 

4 Party to the Convention, the master shall, whenever prac5 ticable, and if possible before entering the territorial sea of 

6 such country, notify the authorities of such country of the mas7 ter’s intention to deliver such person and the reasons therefor. 

8 If the master delivers such person, the master shall furnish to 

9 the authorities of such country the evidence in the master’s 

10 possession that pertains to the alleged offense. 

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

12 ‘‘(1) the term ‘covered ship’ means a ship that is navi13 gating or is scheduled to navigate into, through or from 

14 waters beyond the outer limit of the territorial sea of a sin15 gle country or a lateral limit of that country’s territorial 

16 sea with an adjacent country; 

17 ‘‘(2) the term ‘territorial sea of the United States’ means 

18 all waters extending seaward to 12 nautical miles from the 

19 baselines of the United States determined in accordance 

20 with international law; and 

21 ‘‘(3) the term ‘ship’ means a vessel of any type whatso22 ever not permanently attached to the sea-bed, including dy23 namically supported craft, submersibles or any other float24 ing craft, but does not include a warship, a ship owned or 

25 operated by a government when being used as a naval aux26 iliary or for customs or police purposes, or a ship which has 

27 been withdrawn from navigation or laid up. 

28 ‘‘§ 1346. Devices or dangerous substances in wa29 ters of the United States likely to destroy 

30 or damage ships or to interfere with mari31 time commerce 

32 ‘‘(a) OFFENSE.—Whoever knowingly places in navigable wa33 ters of the United States a device or dangerous substance 

34 which is likely— 

35 ‘‘(1) to destroy or cause damage to a vessel or its cargo; 

36 ‘‘(2) to cause interference with the safe navigation of 

37 vessels, or interference with maritime commerce (such as 


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1 by damaging or destroying marine terminals, facilities, or 

2 any other marine structure or entity used in maritime com3 merce); 

4 with the intent of causing such destruction or damage, inter5 ference with the safe navigation of vessels, or interference with 

6 maritime commerce shall be imprisoned for any term of years 

7 or for life. 

8 ‘‘(b) SPECIAL RULE FOR OFFENSE RESULTING IN

9 DEATH.—Whoever causes the death of any person by engaging 

10 in conduct prohibited under subsection (a) may be punished by 

11 death. 

12 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall 

13 be construed to apply to otherwise lawfully authorized and con14 ducted activities of the United States Government. 

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

16 ‘‘(1) the term ‘dangerous substance’ means any solid, liq17 uid, or gaseous material that has the capacity to cause 

18 damage to a vessel or its cargo, or cause interference with 

19 the safe navigation of a vessel; and 

20 ‘‘(2) the term ‘device’ means any object that, because of 

21 its physical, mechanical, structural, or chemical properties, 

22 has the capacity to cause damage to a vessel or its cargo, 

23 or cause interference with the safe navigation of a vessel. 

24 ‘‘§ 1347. Violence against aids to maritime naviga25 tion 

26 ‘‘Whoever intentionally destroys, seriously damages, alters, 

27 moves, or tampers with any aid to maritime navigation main28 tained by the Saint Lawrence Seaway Development Corporation 

29 under the authority of section 4 of the Act of May 13, 1954 

30 (33 U.S.C. 984), by the Coast Guard pursuant to section 81 

31 of title 14, or lawfully maintained under authority granted by 

32 the Coast Guard pursuant to section 83 of title 14, if such act 

33 endangers or is likely to endanger the safe navigation of a ship, 

34 shall imprisoned for not more than 20 years. 


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1 ‘‘§ 1348. Transportation of explosive, biological, 

2 chemical, or radioactive or nuclear mate3 rials 

4 ‘‘(a) IN GENERAL.—Whoever knowingly transports aboard 

5 any vessel within the United States and on waters subject to 

6 the jurisdiction of the United States or any vessel outside the 

7 United States and on the high seas or having United States na8 tionality an explosive or incendiary device, biological agent, 

9 chemical weapon, or radioactive or nuclear material, knowing 

10 that any such item is intended to be used to commit an offense 

11 listed in section 273(h)(3)(B), shall be imprisoned for any term 

12 of years or for life. 

13 ‘‘(b) CAUSING DEATH.—Whoever causes the death of a per14 son by engaging in conduct prohibited by subsection (a) may 

15 be punished by death. 

16 ‘‘(c) DEFINITIONS.—In this section: 

17 ‘‘(1) BIOLOGICAL AGENT.—The term ‘biological agent’ 

18 means any biological agent, toxin, or vector (as those terms 

19 are defined in section 178). 

20 ‘‘(2) BY-PRODUCT MATERIAL.—The term ‘by-product 

21 material’ has the meaning given that term in section 11(e) 

22 of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)). 

23 ‘‘(3) CHEMICAL WEAPON.—The term ‘chemical weapon’ 

24 has the meaning given that term in section 229F(1). 

25 ‘‘(4) EXPLOSIVE OR INCENDIARY DEVICE.—The term 

26 ‘explosive or incendiary device’ has the meaning given the 

27 term in section 232(5) and includes explosive materials, as 

28 that term is defined in section 841(c) and explosive as de29 fined in section 844(j). 

30 ‘‘(5) NUCLEAR MATERIAL.—The term ‘nuclear material’ 

31 has the meaning given that term in section 831(f)(1). 

32 ‘‘(6) RADIOACTIVE MATERIAL.—The term ‘radioactive 

33 material’ means— 

34 ‘‘(A) source material and special nuclear material, 

35 but does not include natural or depleted uranium; 

36 ‘‘(B) nuclear by-product material; 


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1 ‘‘(C) material made radioactive by bombardment in 

2 an accelerator; or 

3 ‘‘(D) all refined isotopes of radium. 

4 ‘‘(7) SOURCE MATERIAL.—The term ‘source material’ 

5 has the meaning given that term in section 11(z) of the 

6 Atomic Energy Act of 1954 (42 U.S.C. 2014(z)). 

7 ‘‘(8) SPECIAL NUCLEAR MATERIAL.—The term ‘special 

8 nuclear material’ has the meaning given that term in sec9 tion 11(aa) of the Atomic Energy Act of 1954 (42 U.S.C. 

10 2014(aa)). 

11 ‘‘§ 1349. Transportation of terrorists 

12 ‘‘(a) IN GENERAL.—Whoever knowingly and intentionally 

13 transports any terrorist aboard any vessel within the United 

14 States and on waters subject to the jurisdiction of the United 

15 States or any vessel outside the United States and on the high 

16 seas or having United States nationality, knowing that the 

17 transported person is a terrorist, shall be imprisoned for any 

18 term of years or for life. 

19 ‘‘(b) DEFINED TERM.—In this section, the term ‘terrorist’ 

20 means any person who intends to commit, or is avoiding appre21 hension after having committed, an offense listed under section 

22 2332b(g)(5)(B). 

23 ‘‘§ 1350. Operation of submersible vessel or semi24 submersible vessel without nationality 

25 ‘‘(a) OFFENSE.—Whoever knowingly operates, by any means, 

26 or embarks in any submersible vessel or semi-submersible vessel 

27 that is without nationality and that is navigating or has navi28 gated into, through, or from waters beyond the outer limit of 

29 the territorial sea of a single country or a lateral limit of that 

30 country’s territorial sea with an adjacent country, with the in31 tent to evade detection, shall be imprisoned not more than 15 

32 years. 

33 ‘‘(b) EVIDENCE OF INTENT TO EVADE DETECTION.—For 

34 purposes of subsection (a), the presence of any of the indicia 

35 described in paragraph (1)(A), (E), (F), or (G), or in para36 graph (4), (5), or (6), of section 70507(b) of title 46 may be 


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1 considered, in the totality of the circumstances, to be prima 

2 facie evidence of intent to evade detection. 

3 ‘‘(c) EXTRATERRITORIAL JURISDICTION.—There is 

4 extraterritorial Federal jurisdiction over an offense under this 

5 section. 

6 ‘‘(d) CLAIM OF NATIONALITY OR REGISTRY.—A claim of na7 tionality or registry under this section includes only— 

8 ‘‘(1) possession on board the vessel and production of 

9 documents evidencing the vessel’s nationality as provided in 

10 article 5 of the 1958 Convention on the High Seas; 

11 ‘‘(2) flying its nation’s ensign or flag; or 

12 ‘‘(3) a verbal claim of nationality or registry by the mas13 ter or individual in charge of the vessel. 

14 ‘‘(e) AFFIRMATIVE DEFENSES.— 

15 ‘‘(1) IN GENERAL.—It is an affirmative defense to a 

16 prosecution for a violation of subsection (a), which the de17 fendant has the burden to prove by a preponderance of the 

18 evidence, that the submersible vessel or semi-submersible 

19 vessel involved was, at the time of the offense— 

20 ‘‘(A) a vessel of the United States or lawfully reg21 istered in a foreign nation as claimed by the master or 

22 individual in charge of the vessel when requested to 

23 make a claim by an officer of the United States author24 ized to enforce applicable provisions of United States 

25 law; 

26 ‘‘(B) classed by and designed in accordance with the 

27 rules of a classification society; 

28 ‘‘(C) lawfully operated in government-regulated or li29 censed activity, including commerce, research, or explo30 ration; or 

31 ‘‘(D) equipped with and using an operable automatic 

32 identification system, vessel monitoring system, or long 

33 range identification and tracking system. 

34 ‘‘(2) PRODUCTION OF DOCUMENTS.—The affirmative de35 fenses provided by this subsection are proved conclusively 

36 by the production of— 


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1 ‘‘(A) government documents evidencing the vessel’s 

2 nationality at the time of the offense, as provided in ar3 ticle 5 of the 1958 Convention on the High Seas; 

4 ‘‘(B) a certificate of classification issued by the ves5 sel’s classification society upon completion of relevant 

6 classification surveys and valid at the time of the of7 fense; or 

8 ‘‘(C) government documents evidencing licensure, 

9 regulation, or registration for commerce, research, or 

10 exploration. 

11 ‘‘(f) FEDERAL ACTIVITIES EXCEPTED.—Nothing in this sec12 tion applies to lawfully authorized activities carried out by or 

13 at the direction of the United States Government. 

14 ‘‘(g) APPLICABILITY OF OTHER PROVISIONS.—Sections 

15 70504 and 70505 of title 46 apply to offenses under this sec16 tion in the same manner as they apply to offenses under sec17 tion 70503 of such title. 

18 ‘‘(h) DEFINITIONS.—In this section, the terms ‘submersible 

19 vessel’, ‘semi-submersible vessel’, ‘vessel of the United States’, 

20 and ‘vessel without nationality’ have the meaning given those 

21 terms in section 70502 of title 46. 

22 ‘‘SUBCHAPTER E—DESTRUCTION OF, OR INTER23 FERENCE WITH, VESSELS OR MARITIME FACILI24 TIES 

‘‘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. 

25 ‘‘§ 1351. Jurisdiction and scope 

26 ‘‘(a) JURISDICTION.—There is jurisdiction, including 

27 extraterritorial jurisdiction, over an offense under section 1352 

28 if the prohibited activity takes place— 

29 ‘‘(1) within the United States and within waters subject 

30 to the jurisdiction of the United States; or 

31 ‘‘(2) outside United States and— 


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1 ‘‘(A) an offender or a victim is a national of the 

2 United States (as that term is defined under section 

3 101(a)(22) of the Immigration and Nationality Act (8 

4 U.S.C. 1101(a)(22)); 

5 ‘‘(B) the activity involves a vessel in which a national 

6 of the United States was on board; or 

7 ‘‘(C) the activity involves a vessel of the United 

8 States (as that term is defined under section 2 of the 

9 Maritime Drug Law Enforcement Act (46 U.S.C. App. 

10 1903). 

11 ‘‘(b) SCOPE.—Nothing in this subchapter shall apply to oth12 erwise lawful activities carried out by or at the direction of the 

13 United States Government. 

14 ‘‘§ 1352. Destruction of vessel or maritime facility 

15 ‘‘(a) OFFENSE.—Whoever knowingly— 

16 ‘‘(1) sets fire to, damages, destroys, disables, or wrecks 

17 any vessel; 

18 ‘‘(2) places or causes to be placed a destructive device, 

19 as defined in section 921(a)(4), destructive substance, as 

20 defined in section 581, or an explosive, as defined in sec21 tion 611 in, upon, or near, or otherwise makes or causes 

22 to be made unworkable or unusable or hazardous to work 

23 or use, any vessel, or any part or other materials used or 

24 intended to be used in connection with the operation of a 

25 vessel; 

26 ‘‘(3) sets fire to, damages, destroys, or disables or places 

27 a destructive device or substance in, upon, or near, any 

28 maritime facility, including any aid to navigation, lock, 

29 canal, or vessel traffic service facility or equipment; 

30 ‘‘(4) interferes by force or violence with the operation of 

31 any maritime facility, including any aid to navigation, lock, 

32 canal, or vessel traffic service facility or equipment, if such 

33 action is likely to endanger the safety of any vessel in navi34 gation; 

35 ‘‘(5) sets fire to, damages, destroys, or disables or places 

36 a destructive device or substance in, upon, or near, any ap37 pliance, structure, property, machine, or apparatus, or any 


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1 facility or other material used, or intended to be used, in 

2 connection with the operation, maintenance, loading, un3 loading, or storage of any vessel or any passenger or cargo 

4 carried or intended to be carried on any vessel; 

5 ‘‘(6) performs an act of violence against or incapacitates 

6 any individual on any vessel, if such act of violence or inca7 pacitation is likely to endanger the safety of the vessel or 

8 those on board; 

9 ‘‘(7) performs an act of violence against a person that 

10 causes or is likely to cause serious bodily injury in, upon, 

11 or near, any appliance, structure, property, machine, or ap12 paratus, or any facility or other material used, or intended 

13 to be used, in connection with the operation, maintenance, 

14 loading, unloading, or storage of any vessel or any pas15 senger or cargo carried or intended to be carried on any 

16 vessel; or 

17 ‘‘(8) communicates information, knowing the information 

18 to be false and under circumstances in which such informa19 tion may reasonably be believed, thereby endangering the 

20 safety of any vessel in navigation; 

21 shall be imprisoned not more than 20 years. 

22 ‘‘(b) LIMITATION.—Subsection (a) does not apply to any per23 son that is engaging in otherwise lawful activity, such as nor24 mal repair and salvage activities, and the transportation of haz25 ardous materials regulated and allowed to be transported under 

26 chapter 51 of title 49. 

27 ‘‘(c) PENALTY.—Whoever is convicted under subsection (a) 

28 as a result of an act involving a vessel that, at the time of the 

29 violation, carried high-level radioactive waste (as that term is 

30 defined in section 2(12) of the Nuclear Waste Policy Act of 

31 1982 (42 U.S.C. 10101(12)) or spent nuclear fuel (as that 

32 term is defined in section 2(23) of the Nuclear Waste Policy 

33 Act of 1982 (42 U.S.C. 10101(23)), shall be imprisoned for 

34 any term of years or for life. 

35 ‘‘(d) PENALTY WHEN DEATH RESULTS.—Whoever is con36 victed under subsection (a) and intended to cause death by the 

37 prohibited conduct, if the conduct resulted in the death of any 


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1 person, shall be subject to the death penalty or to imprison2 ment for any term of years or for life. 

3 ‘‘(e) THREATS.—Whoever knowingly and intentionally im4 parts or conveys any threat to do an act which would violate 

5 this subchapter, with an apparent determination and will to 

6 carry the threat into execution, shall be imprisoned not more 

7 than 5 years and is liable for all costs incurred as a result of 

8 such threat. 

9 ‘‘§ 1353. Imparting or conveying false information 

10 ‘‘(a) IN GENERAL.—Whoever imparts or conveys or causes 

11 to be imparted or conveyed false information, knowing the in12 formation to be false, concerning an attempt or alleged attempt 

13 being made or to be made, to do any act that would be a crime 

14 prohibited by this subchapter or by subchapter D, shall be sub15 ject to a civil penalty of not more than $5,000, which shall be 

16 recoverable in a civil action brought in the name of the United 

17 States. 

18 ‘‘(b) MALICIOUS CONDUCT.—Whoever knowingly, inten19 tionally, maliciously, or with reckless disregard for the safety 

20 of human life, imparts or conveys or causes to be imparted or 

21 conveyed false information, knowing the information to be 

22 false, concerning an attempt or alleged attempt to do any act 

23 which would be a crime prohibited by this subchapter or by 

24 subchapter D, shall be imprisoned not more than 5 years. 

25 ‘‘(c) JURISDICTION.—Jurisdiction over an offense under this 

26 section shall be determined in accordance with the provisions 

27 applicable to the offense under section 1352, or under sub28 chapter D, to which the imparted or conveyed false information 

29 relates, as applicable. 

30 ‘‘§ 1354. Bar to prosecution 

31 ‘‘(a) IN GENERAL.—It is a bar to prosecution under section 

32 1352 or 1353 that— 

33 ‘‘(1) the conduct in question occurred within the United 

34 States in relation to a labor dispute, and such conduct is 

35 prohibited as a felony under the law of the State in which 

36 it was committed; or 


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1 ‘‘(2) such conduct is prohibited as a misdemeanor, and 

2 not as a felony, under the law of the State in which it was 

3 committed. 

4 ‘‘(b) DEFINITION.—In this section, the term ‘labor dispute’ 

5 has the meaning given that term in section 13(c) of the Act 

6 to amend the Judicial Code and to define and limit the jurisdic7 tion of courts sitting in equity, and for other purposes (29 

8 U.S.C. 113(c), commonly known as the Norris-LaGuardia Act). 

9 ‘‘§ 1355. Bribery affecting port security 

10 ‘‘(a) IN GENERAL.—Whoever knowingly— 

11 ‘‘(1) directly or indirectly, corruptly gives, offers, or 

12 promises anything of value to any public or private person, 

13 with intent to commit international terrorism or domestic 

14 terrorism (as those terms are defined under section 283), 

15 to— 

16 ‘‘(A) influence any action or any person to commit 

17 or aid in committing, or collude in, or allow, any fraud, 

18 or make opportunity for the commission of any fraud 

19 affecting any secure or restricted area or seaport; or 

20 ‘‘(B) induce any official or person to do or omit to 

21 do any act in violation of the lawful duty of such offi22 cial or person that affects any secure or restricted area 

23 or seaport; or 

24 ‘‘(2) directly or indirectly, corruptly demands, seeks, re25 ceives, accepts, or agrees to receive or accept anything of 

26 value personally or for any other person or entity in return 

27 for— 

28 ‘‘(A) being influenced in the performance of any offi29 cial act affecting any secure or restricted area or sea30 port; and 

31 ‘‘(B) knowing that such influence will be used to 

32 commit, or plan to commit, international or domestic 

33 terrorism, 

34 shall be imprisoned not more than 15 years. 

35 ‘‘(b) DEFINITION.—In this section, the term ‘secure or re36 stricted area’ means an area of a vessel or facility designated 

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1 tion 70103 of title 46, and the rules and regulations promul2 gated under that section. 

3 ‘‘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 

4 ‘‘SUBCHAPTER A—ANIMALS, BIRDS, FISH, AND 

5 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. 

6 ‘‘§ 1371. Hunting, fishing, trapping; disturbance or 

7 injury on wildlife refuges 

8 ‘‘Whoever, except in compliance with rules and regulations 

9 promulgated by authority of law, hunts, traps, captures, know10 ingly disturbs or kills any bird, fish, or wild animal of any kind 

11 whatever, or takes or destroys the eggs or nest of any such bird 

12 or fish, on any lands or waters which are set apart or reserved 

13 as sanctuaries, refuges or breeding grounds for such birds, fish, 

14 or animals under any law of the United States or knowingly 

15 injures, molests, or destroys any property of the United States 

16 on any such lands or waters, shall be imprisoned not more than 

17 six months. 


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1 ‘‘§ 1372. Importation or shipment of injurious 

2 mammals, birds, fish (including mollusks 

3 and crustacea), amphibia, and reptiles; 

4 permits, specimens for museums; regula5 tions 

6 ‘‘(a) PROHIBITION.—The importation into the United States, 

7 any territory of the United States, the District of Columbia, 

8 the Commonwealth of Puerto Rico, or any possession of the 

9 United States, or any shipment between the continental United 

10 States, the District of Columbia, Hawaii, the Commonwealth of 

11 Puerto Rico, or any possession of the United States, of the 

12 mongoose of the species Herpestes auropunctatus; of the spe13 cies of so-called ‘flying foxes’ or fruit bats of the genus 

14 Pteropus; of the zebra mussel of the species Dreissena 

15 polymorpha; and such other species of wild mammals, wild 

16 birds, fish (including mollusks and crustacea), amphibians, rep17 tiles, brown tree snakes, or the offspring or eggs of any of the 

18 foregoing which the Secretary of the Interior may prescribe by 

19 regulation to be injurious to human beings, to the interests of 

20 agriculture, horticulture, forestry, or to wildlife or the wildlife 

21 resources of the United States, is hereby prohibited. All such 

22 prohibited mammals, birds, fish (including mollusks and 

23 crustacea), amphibians, and reptiles, and the eggs or offspring 

24 therefrom, shall be promptly exported or destroyed at the ex25 pense of the importer or consignee. Nothing in this section 

26 shall be construed to repeal or modify any provision of the Pub27 lic Health Service Act or Federal Food, Drug, and Cosmetic 

28 Act. Also, this section shall not authorize any action with re29 spect to the importation of any plant pest as defined in the 

30 Federal Plant Pest Act, insofar as such importation is subject 

31 to regulation under that Act. 

32 ‘‘(b) DEFINITION.—As used in subsection (a), the term ‘wild’ 

33 relates to any creatures that, whether or not raised in captivity, 

34 normally are found in a wild state; and the terms ‘wildlife’ and 

35 ‘wildlife resources’ include those resources that comprise wild 

36 mammals, wild birds, fish (including mollusks and crustacea), 

37 and all other classes of wild creatures whatsoever, and all types 


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1 of aquatic and land vegetation upon which such wildlife re2 sources are dependent. 

3 ‘‘(c) PERMISSION FOR IMPORTATION.—Notwithstanding the 

4 foregoing, the Secretary of the Interior, when he finds that 

5 there has been a proper showing of responsibility and continued 

6 protection of the public interest and health, shall permit the 

7 importation for zoological, educational, medical, and scientific 

8 purposes of any mammals, birds, fish, (including mollusks and 

9 crustacea), amphibia, and reptiles, or the offspring or eggs 

10 thereof, where such importation would be prohibited otherwise 

11 by or pursuant to this Act, and this Act shall not restrict im12 portations by Federal agencies for their own use. 

13 ‘‘(d) EXCLUSION.—Nothing in this section restricts the im14 portation of dead natural-history specimens for museums or for 

15 scientific collections, or the importation of domesticated canar16 ies, parrots (including all other species of psittacine birds), or 

17 such other cage birds as the Secretary of the Interior may des18 ignate. 

19 ‘‘(e) ENFORCEMENT.—The Secretary of the Treasury and 

20 the Secretary of the Interior shall enforce the provisions of this 

21 subsection, including any regulations issued hereunder, and, if 

22 requested by the Secretary of the Interior, the Secretary of the 

23 Treasury may require the furnishing of an appropriate bond 

24 when desirable to insure compliance with such provisions. 

25 ‘‘(f) OFFENSE.—Whoever violates this section, or any regula26 tion issued pursuant thereto, shall be imprisoned not more than 

27 six months. 

28 ‘‘§ 1373. Force, violence, and threats involving ani29 mal enterprises 

30 ‘‘(a) OFFENSE.—Whoever travels in interstate or foreign 

31 commerce, or uses or causes to be used the mail or any facility 

32 of interstate or foreign commerce— 

33 ‘‘(1) for the purpose of damaging or interfering with the 

34 operations of an animal enterprise; and 

35 ‘‘(2) in connection with such purpose— 

36 ‘‘(A) intentionally damages or causes the loss of any 

37 real or personal property (including animals or records) 


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1 used by an animal enterprise, or any real or personal 

2 property of a person or entity having a connection to, 

3 relationship with, or transactions with an animal enter4 prise; or 

5 ‘‘(B) intentionally places a person in reasonable fear 

6 of the death of, or serious bodily injury to that person, 

7 a member of the immediate family (as defined in sec8 tion 115) of that person, or a spouse or intimate part9 ner of that person by a course of conduct involving 

10 threats, acts of vandalism, property damage, criminal 

11 trespass, harassment, or intimidation; 

12 shall be punished as provided for in subsection (b). 

13 ‘‘(b) PENALTIES.—The punishment for a violation of section 

14 (a) or an attempt or conspiracy to violate subsection (a) shall 

15 be— 

16 ‘‘(1) a fine under this title or imprisonment not more 

17 than 1 year, or both, if the offense does not instill in an18 other the reasonable fear of serious bodily injury or death 

19 and— 

20 ‘‘(A) the offense results in no economic damage or 

21 bodily injury; or 

22 ‘‘(B) the offense results in economic damage that 

23 does not exceed $10,000; 

24 ‘‘(2) a fine under this title or imprisonment for not more 

25 than 5 years, or both, if no bodily injury occurs and— 

26 ‘‘(A) the offense results in economic damage exceed27 ing $10,000 but not exceeding $100,000; or 

28 ‘‘(B) the offense instills in another the reasonable 

29 fear of serious bodily injury or death; 

30 ‘‘(3) a fine under this title or imprisonment for not more 

31 than 10 years, or both, if— 

32 ‘‘(A) the offense results in economic damage exceed33 ing $100,000; or 

34 ‘‘(B) the offense results in substantial bodily injury 

35 to another individual; 

36 ‘‘(4) a fine under this title or imprisonment for not more 

37 than 20 years, or both, if— 


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1 ‘‘(A) the offense results in serious bodily injury to 

2 another individual; or 

3 ‘‘(B) the offense results in economic damage exceed4 ing $1,000,000; and 

5 ‘‘(5) imprisonment for life or for any terms of years, a 

6 fine under this title, or both, if the offense results in death 

7 of another individual. 

8 ‘‘(c) RESTITUTION.—An order of restitution under this title 

9 with respect to a violation of this section may also include res10 titution— 

11 ‘‘(1) for the reasonable cost of repeating any experimen12 tation that was interrupted or invalidated as a result of the 

13 offense; 

14 ‘‘(2) for the loss of food production or farm income rea15 sonably attributable to the offense; and 

16 ‘‘(3) for any other economic damage, including any losses 

17 or costs caused by economic disruption, resulting from the 

18 offense. 

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

20 ‘‘(1) the term ‘animal enterprise’ means— 

21 ‘‘(A) a commercial or academic enterprise that uses 

22 or sells animals or animal products for profit, food or 

23 fiber production, agriculture, education, research, or 

24 testing; 

25 ‘‘(B) a zoo, aquarium, animal shelter, pet store, 

26 breeder, furrier, circus, or rodeo, or other lawful com27 petitive animal event; or 

28 ‘‘(C) any fair or similar event intended to advance 

29 agricultural arts and sciences; 

30 ‘‘(2) the term ‘course of conduct’ means a pattern of 

31 conduct composed of 2 or more acts, evidencing a con32 tinuity of purpose; 

33 ‘‘(3) the term ‘economic damage’— 

34 ‘‘(A) means the replacement costs of lost or damaged 

35 property or records, the costs of repeating an inter36 rupted or invalidated experiment, the loss of profits, or 

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1 sulting from threats, acts or vandalism, property dam2 age, trespass, harassment, or intimidation taken 

3 against a person or entity on account of that person’s 

4 or entity’s connection to, relationship with, or trans5 actions with the animal enterprise; but 

6 ‘‘(B) does not include any lawful economic disruption 

7 (including a lawful boycott) that results from lawful 

8 public, governmental, or business reaction to the disclo9 sure of information about an animal enterprise; 

10 ‘‘(4) the term ‘serious bodily injury’ means— 

11 ‘‘(A) injury posing a substantial risk of death; 

12 ‘‘(B) extreme physical pain; 

13 ‘‘(C) protracted and obvious disfigurement; or 

14 ‘‘(D) protracted loss or impairment of the function 

15 of a bodily member, organ, or mental faculty; and 

16 ‘‘(5) the term ‘substantial bodily injury’ means— 

17 ‘‘(A) deep cuts and serious burns or abrasions; 

18 ‘‘(B) short-term or nonobvious disfigurement; 

19 ‘‘(C) fractured or dislocated bones, or torn members 

20 of the body; 

21 ‘‘(D) significant physical pain; 

22 ‘‘(E) illness; 

23 ‘‘(F) short-term loss or impairment of the function 

24 of a bodily member, organ, or mental faculty; or 

25 ‘‘(G) any other significant injury to the body. 

26 ‘‘(e) RULES OF CONSTRUCTION.—Nothing in this section 

27 shall be construed— 

28 ‘‘(1) to prohibit any expressive conduct (including peace29 ful picketing or other peaceful demonstration) protected 

30 from legal prohibition by the First Amendment to the Con31 stitution; 

32 ‘‘(2) to create new remedies for interference with activi33 ties protected by the free speech or free exercise clauses of 

34 the First Amendment to the Constitution, regardless of the 

35 point of view expressed, or to limit any existing legal rem36 edies for such interference; or 


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1 ‘‘(3) to provide exclusive criminal penalties or civil rem2 edies with respect to the conduct prohibited by this action, 

3 or to preempt State or local laws that may provide such 

4 penalties or remedies. 

5 ‘‘§ 1374. Use of aircraft or motor vehicles to hunt 

6 certain wild horses or burros; pollution of 

7 watering holes 

8 ‘‘(a) AIRCRAFT FOR HUNTING.—Whoever uses an aircraft or 

9 a motor vehicle to hunt, for the purpose of capturing or killing, 

10 any wild unbranded horse, mare, colt, or burro running at large 

11 on any of the public land or ranges shall be imprisoned not 

12 more than six months. 

13 ‘‘(b) POLLUTION OF WATERING HOLES.—Whoever pollutes 

14 or causes the pollution of any watering hole on any of the pub15 lic land or ranges for the purpose of trapping, killing, wound16 ing, or maiming any of the animals referred to in subsection 

17 (a) of this section shall be imprisoned not more than six 

18 months. 

19 ‘‘(c) DEFINITIONS.—As used in subsection (a) of this sec20 tion— 

21 ‘‘(1) the term ‘aircraft’ means any contrivance used for 

22 flight in the air; and 

23 ‘‘(2) the term ‘motor vehicle’ includes an automobile, 

24 automobile truck, automobile wagon, motorcycle, or any 

25 other self-propelled vehicle designed for running on land. 

26 ‘‘§ 1375. Depiction of animal cruelty 

27 ‘‘(a) CREATION, SALE, OR POSSESSION.—Whoever knowingly 

28 creates, sells, or possesses a depiction of animal cruelty with 

29 the intention of placing that depiction in interstate or foreign 

30 commerce for commercial gain, shall be imprisoned not more 

31 than 5 years. 

32 ‘‘(b) EXCEPTION.—Subsection (a) does not apply to any de33 piction that has serious religious, political, scientific, edu34 cational, journalistic, historical, or artistic value. 

35 ‘‘(c) DEFINITIONS.—In this section, the term ‘depiction of 

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1 tronic image, or sound recording of conduct in which a living 

2 animal is intentionally maimed, mutilated, tortured, wounded, 

3 or killed, if such conduct is illegal under Federal law or the law 

4 of the State in which the creation, sale, or possession takes 

5 place, regardless of whether the maiming, mutilation, torture, 

6 wounding, or killing took place in the State. 

7 ‘‘§ 1376. Enforcement of animal fighting prohibi8 tions 

9 ‘‘Whoever violates subsection (a), (b), (c), or (e) of section 

10 26 of the Animal Welfare Act shall be imprisoned for not more 

11 than 5 years. 

12 ‘‘SUBCHAPTER B—GAMBLING 

‘‘Sec. 

‘‘1381. Transmission of wagering information; penalties. 

‘‘1382. Definitions. 

13 ‘‘§ 1381. Transmission of wagering information; 

14 penalties 

15 ‘‘(a) OFFENSE.—Whoever being engaged in the business of 

16 betting or wagering knowingly uses a wire communication facil17 ity for the transmission in interstate or foreign commerce of 

18 bets or wagers or information assisting in the placing of bets 

19 or wagers on any sporting event or contest, or for the trans20 mission of a wire communication which entitles the recipient to 

21 receive money or credit as a result of bets or wagers, or for 

22 information assisting in the placing of bets or wagers, shall be 

23 imprisoned not more than two years. 

24 ‘‘(b) EXCLUSION.—Nothing in this section shall be construed 

25 to prevent the transmission in interstate or foreign commerce 

26 of information for use in news reporting of sporting events or 

27 contests, or for the transmission of information assisting in the 

28 placing of bets or wagers on a sporting event or contest from 

29 a State or foreign country where betting on that sporting event 

30 or contest is legal into a State or foreign country in which such 

31 betting is legal. 

32 ‘‘(c) NONPREEMPTION.—Nothing contained in this section 

33 shall create immunity from criminal prosecution under any 

34 laws of any State. 


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1 ‘‘(d) NOTIFICATION TO COMMON CARRIER.—When any com2 mon carrier, subject to the jurisdiction of the Federal Commu3 nications Commission, is notified in writing by a Federal, 

4 State, or local law enforcement agency, acting within its juris5 diction, that any facility furnished by it is being used or will 

6 be used for the purpose of transmitting or receiving gambling 

7 information in interstate or foreign commerce in violation of 

8 Federal, State or local law, it shall discontinue or refuse, the 

9 leasing, furnishing, or maintaining of such facility, after rea10 sonable notice to the subscriber, but no damages, penalty or 

11 forfeiture, civil or criminal, shall be found against any common 

12 carrier for any act done in compliance with any notice received 

13 from a law enforcement agency. Nothing in this section shall 

14 be deemed to prejudice the right of any person affected thereby 

15 to secure an appropriate determination, as otherwise provided 

16 by law, in a Federal court or in a State or local tribunal or 

17 agency, that such facility should not be discontinued or re18 moved, or should be restored. 

19 ‘‘§ 1382. Definitions 

20 ‘‘As used in this subchapter— 

21 ‘‘(1) the term ‘gambling ship’ means a vessel used prin22 cipally for the operation of one or more gambling establish23 ments. Such term does not include a vessel with respect to 

24 gambling aboard such vessel beyond the territorial waters 

25 of the United States during a covered voyage (as defined 

26 in section 4472 of the Internal Revenue Code of 1986 as 

27 in effect on January 1, 1994); 

28 ‘‘(2) the term ‘gambling establishment’ means any com29 mon gaming or gambling establishment operated for the 

30 purpose of gaming or gambling, including accepting, re31 cording, or registering bets, or carrying on a policy game 

32 or any other lottery, or playing any game of chance, for 

33 money or other thing of value; 

34 ‘‘(3) the term ‘American vessel’ means any vessel docu35 mented or numbered under the laws of the United States; 

36 and includes any vessel which is neither documented or 

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1 mented under the laws of any foreign country, if such ves2 sel is owned by, chartered to, or otherwise controlled by one 

3 or more citizens or residents of the United States or cor4 porations organized under the laws of the United States or 

5 of any State; and 

6 ‘‘(4) the term ‘wire communication facility’ means any 

7 and all instrumentalities, personnel, and services (among 

8 other things, the receipt, forwarding, or delivery of commu9 nications) used or useful in the transmission of writings, 

10 signs, pictures, and sounds of all kinds by aid of wire, 

11 cable, or other like connection between the points of origin 

12 and reception of such transmission. 

13 ‘‘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. 

14 ‘‘§ 1391. Economic espionage 

15 ‘‘(a) IN GENERAL.—Whoever, intending or knowing that the 

16 offense will benefit any foreign government, foreign instrumen17 tality, or foreign agent, knowingly— 

18 ‘‘(1) steals, or without authorization appropriates, takes, 

19 carries away, or conceals, or by fraud, artifice, or deception 

20 obtains a trade secret; 

21 ‘‘(2) without authorization copies, duplicates, sketches, 

22 draws, photographs, downloads, uploads, alters, destroys, 

23 photocopies, replicates, transmits, delivers, sends, mails, 

24 communicates, or conveys a trade secret; or 

25 ‘‘(3) receives, buys, or possesses a trade secret, knowing 

26 the same to have been stolen or appropriated, obtained, or 

27 converted without authorization; 

28 shall, except as provided in subsection (b), be imprisoned not 

29 more than 15 years. 


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1 ‘‘(b) ORGANIZATIONS.—Any organization that commits any 

2 offense described in subsection (a) shall be fined not more than 

3 $10,000,000. 

4 ‘‘§ 1392. Theft of trade secrets 

5 ‘‘(a) OFFENSE.—Whoever, with intent to convert a trade se6 cret, that is related to or included in a product that is produced 

7 for or placed in interstate or foreign commerce, to the economic 

8 benefit of anyone other than the owner thereof, and intending 

9 or knowing that the offense will, injure any owner of that trade 

10 secret, knowingly— 

11 ‘‘(1) steals, or without authorization appropriates, takes, 

12 carries away, or conceals, or by fraud, artifice, or deception 

13 obtains such information; 

14 ‘‘(2) without authorization copies, duplicates, sketches, 

15 draws, photographs, downloads, uploads, alters, destroys, 

16 photocopies, replicates, transmits, delivers, sends, mails, 

17 communicates, or conveys such information; or 

18 ‘‘(3) receives, buys, or possesses such information, know19 ing the same to have been stolen or appropriated, obtained, 

20 or converted without authorization; 

21 shall, except as provided in subsection (b), be imprisoned not 

22 more than 10 years. 

23 ‘‘(b) ORGANIZATIONS.—Any organization that commits any 

24 offense described in subsection (a) shall be fined not more than 

25 $5,000,000. 

26 ‘‘§ 1393. Exceptions to prohibitions 

27 ‘‘This subchapter does not prohibit— 

28 ‘‘(1) any otherwise lawful activity conducted by a govern29 mental entity of the United States, a State, or a political 

30 subdivision of a State; or 

31 ‘‘(2) the reporting of a suspected violation of law to any 

32 governmental entity of the United States, a State, or a po33 litical subdivision of a State, if such entity has lawful au34 thority with respect to that violation. 

35 ‘‘§ 1394. Orders to preserve confidentiality 

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1 chapter, the court shall enter such orders and take such other 

2 action as may be necessary and appropriate to preserve the 

3 confidentiality of trade secrets, consistent with the require4 ments of the Federal Rules of Criminal and Civil Procedure, 

5 the Federal Rules of Evidence, and all other applicable laws. 

6 An interlocutory appeal by the United States shall lie from a 

7 decision or order of a district court authorizing or directing the 

8 disclosure of any trade secret. 

9 ‘‘§ 1395. Civil proceedings to enjoin violations 

10 ‘‘(a) CIVIL ACTION.—The Attorney General may, in a civil 

11 action, obtain appropriate injunctive relief against any violation 

12 of this subchapter. 

13 ‘‘(b) EXCLUSIVE JURISDICTION.—The district courts of the 

14 United States shall have exclusive original jurisdiction of civil 

15 actions under this section. 

16 ‘‘§ 1396. Applicability to conduct outside the 

17 United States 

18 ‘‘This subchapter also applies to conduct occurring outside 

19 the United States if— 

20 ‘‘(1) the offender is a natural person who is a citizen or 

21 permanent resident alien of the United States, or an orga22 nization organized under the laws of the United States or 

23 a State or political subdivision thereof; or 

24 ‘‘(2) an act in furtherance of the offense was committed 

25 in the United States. 

26 ‘‘§ 1397. Construction with other laws 

27 ‘‘This subchapter shall not be construed to preempt or dis28 place any other remedies, whether civil or criminal, provided by 

29 United States Federal or State law for the misappropriation of 

30 a trade secret, or to affect the otherwise lawful disclosure of 

31 information by any Government employee under section 552 of 

32 title 5 (commonly known as the Freedom of Information Act). 

33 ‘‘§ 1398. Definitions 

34 ‘‘As used in this subchapter— 

35 ‘‘(1) the term ‘foreign instrumentality;’ means any agen36 cy, bureau, ministry, component, institution, association, or 

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1 tion, firm, or entity that is substantially owned, controlled, 

2 sponsored, commanded, managed, or dominated by a for3 eign government; 

4 ‘‘(2) the term ‘foreign agent’ means any officer, em5 ployee, proxy, servant, delegate, or representative of a for6 eign government; 

7 ‘‘(3) the term ‘trade secret’ means all forms and types 

8 of financial, business, scientific, technical, economic, or en9 gineering information, including patterns, plans, compila10 tions, program devices, formulas, designs, prototypes, meth11 ods, techniques, processes, procedures, programs, or codes, 

12 whether tangible or intangible, and whether or how stored, 

13 compiled, or memorialized physically, electronically, graphi14 cally, photographically, or in writing if— 

15 ‘‘(A) the owner thereof has taken reasonable meas16 ures to keep such information secret; and 

17 ‘‘(B) the information derives independent economic 

18 value, actual or potential, from not being generally 

19 known to, and not being readily ascertainable through 

20 proper means by, the public; and 

21 ‘‘(4) the term ‘owner’, with respect to a trade secret, 

22 means the person or entity in whom or in which rightful 

23 legal or equitable title to, or license in, the trade secret is 

24 reposed. 

25 ‘‘SUBCHAPTER D—TRAFFICKING IN CONTRABAND 

26 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. 

27 ‘‘§ 1411. Definitions 

28 ‘‘As used in this chapter— 

29 ‘‘(1) the term ‘cigarette’ means— 

30 ‘‘(A) any roll of tobacco wrapped in paper or in any 

31 substance not containing tobacco; and 


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1 ‘‘(B) any roll of tobacco wrapped in any substance 

2 containing tobacco which, because of its appearance, 

3 the type of tobacco used in the filler, or its packaging 

4 and labeling, is likely to be offered to, or purchased by, 

5 consumers as a cigarette described in subparagraph 

6 (A); 

7 ‘‘(2) the term ‘contraband cigarettes’ means a quantity 

8 in excess of 10,000 cigarettes, which bear no evidence of 

9 the payment of applicable State or local cigarette taxes in 

10 the State or locality where such cigarettes are found, if the 

11 State or local government requires a stamp, impression, or 

12 other indication to be placed on packages or other con13 tainers of cigarettes to evidence payment of cigarette taxes, 

14 and which are in the possession of any person other than— 

15 ‘‘(A) a person holding a permit issued pursuant to 

16 chapter 52 of the Internal Revenue Code of 1986 as a 

17 manufacturer of tobacco products or as an export ware18 house proprietor, or a person operating a customs 

19 bonded warehouse pursuant to section 311 or 555 of 

20 the Tariff Act of 1930 (19 U.S.C. 1311 or 1555) or 

21 an agent of such person; 

22 ‘‘(B) a common or contract carrier transporting the 

23 cigarettes involved under a proper bill of lading or 

24 freight bill which states the quantity, source, and des25 tination of such cigarettes; 

26 ‘‘(C) a person— 

27 ‘‘(i) who is licensed or otherwise authorized by 

28 the State where the cigarettes are found to account 

29 for and pay cigarette taxes imposed by such State; 

30 and 

31 ‘‘(ii) who has complied with the accounting and 

32 payment requirements relating to such license or 

33 authorization with respect to the cigarettes in34 volved; or 

35 ‘‘(D) an officer, employee, or other agent of the 

36 United States or a State, or any department, agency, 

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1 cluding any political subdivision of a State) having pos2 session of such cigarettes in connection with the per3 formance of official duties; 

4 ‘‘(3) the term ‘common or contract carrier’ means a car5 rier holding a certificate of convenience and necessity, a 

6 permit for contract carrier by motor vehicle, or other valid 

7 operating authority under subtitle IV of title 49, or under 

8 equivalent operating authority from a regulatory agency of 

9 the United States or of any State; 

10 ‘‘(4) the term ‘State’ means a State of the United 

11 States, the District of Columbia, the Commonwealth of 

12 Puerto Rico, or the Virgin Islands; 

13 ‘‘(5) the term ‘Attorney General’ means the Attorney 

14 General of the United States; 

15 ‘‘(6) the term ‘smokeless tobacco’ means any finely cut, 

16 ground, powdered, or leaf tobacco that is intended to be 

17 placed in the oral or nasal cavity or otherwise consumed 

18 without being combusted; 

19 ‘‘(7) the term ‘contraband smokeless tobacco’ means a 

20 quantity in excess of 500 single-unit consumer-sized cans 

21 or packages of smokeless tobacco, or their equivalent, that 

22 are in the possession of any person other than— 

23 ‘‘(A) a person holding a permit issued pursuant to 

24 chapter 52 of the Internal Revenue Code of 1986 as 

25 manufacturer of tobacco products or as an export ware26 house proprietor, a person operating a customs bonded 

27 warehouse pursuant to section 311 or 555 of the Tariff 

28 Act of 1930 (19 U.S.C. 1311, 1555), or an agent of 

29 such person; 

30 ‘‘(B) a common carrier transporting such smokeless 

31 tobacco under a proper bill of lading or freight bill 

32 which states the quantity, source, and designation of 

33 such smokeless tobacco; 

34 ‘‘(C) a person who— 

35 ‘‘(i) is licensed or otherwise authorized by the 

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1 gage in the business of selling or distributing to2 bacco products; and 

3 ‘‘(ii) has complied with the accounting, tax, and 

4 payment requirements relating to such license or 

5 authorization with respect to such smokeless to6 bacco; or 

7 ‘‘(D) an officer, employee, or agent of the United 

8 States or a State, or any department, agency, or in9 strumentality of the United States or a State (includ10 ing any political subdivision of a State), having posses11 sion of such smokeless tobacco in connection with the 

12 performance of official duties. 

13 ‘‘§ 1412. Unlawful acts 

14 ‘‘It shall be unlawful for any person knowingly to ship, 

15 transport, receive, possess, sell, distribute, or purchase contra16 band cigarettes or contraband smokeless tobacco. 

17 ‘‘§ 1413. Recordkeeping, reporting, and inspection 

18 ‘‘(a) RECORDKEEPING.—Whoever ships, sells, or distributes 

19 any quantity of cigarettes in excess of 10,000, or any quantity 

20 of smokeless tobacco in excess of 500 single-unit consumer21 sized cans or packages, in a single transaction shall maintain 

22 such information about the shipment, receipt, sale, and dis23 tribution of cigarettes as the Attorney General may prescribe 

24 by rule or regulation. The Attorney General may require such 

25 person to keep such information as the Attorney General con26 siders appropriate for purposes of enforcement of this chapter, 

27 including— 

28 ‘‘(1) the name, address, destination (including street ad29 dress), vehicle license number, driver’s license number, sig30 nature of the person receiving such cigarettes, and the 

31 name of the purchaser; 

32 ‘‘(2) a declaration of the specific purpose of the receipt 

33 (personal use, resale, or delivery to another); and 

34 ‘‘(3) a declaration of the name and address of the recipi35 ent’s principal in all cases when the recipient is acting as 

36 an agent. 


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1 Such information shall be contained on business records kept 

2 in the normal course of business. 

3 ‘‘(b) REPORTING.—Whoever, except for a tribal government, 

4 engages in a delivery sale, and who ships, sells, or distributes 

5 any quantity in excess of 10,000 cigarettes, or any quantity in 

6 excess of 500 single-unit consumer-sized cans or packages of 

7 smokeless tobacco, or their equivalent, within a single month, 

8 shall submit to the Attorney General, pursuant to rules or reg9 ulations prescribed by the Attorney General, a report that sets 

10 forth the following: 

11 ‘‘(1) The person’s beginning and ending inventory of 

12 cigarettes and cans or packages of smokeless tobacco (in 

13 total) for such month. 

14 ‘‘(2) The total quantity of cigarettes and cans or pack15 ages of smokeless tobacco that the person received within 

16 such month from each other person (itemized by name and 

17 address). 

18 ‘‘(3) The total quantity of cigarettes and cans or pack19 ages of smokeless tobacco that the person distributed with20 in such month to each person (itemized by name and ad21 dress) other than a retail purchaser. 

22 ‘‘(c) INSPECTION.—Upon the consent of any person who 

23 ships, sells, or distributes any quantity of cigarettes in excess 

24 of 10,000 in a single transaction, or pursuant to a duly issued 

25 search warrant, the Attorney General may enter the premises 

26 (including places of storage) of such person for the purpose of 

27 inspecting any records or information required to be main28 tained by such person under this chapter, and any cigarettes 

29 kept or stored by such person at such premises. 

30 ‘‘(d) OTHERS TO RECEIVE REPORTS.—Any report required 

31 to be submitted under this subchapter to the Attorney General 

32 shall also be submitted to the Secretary of the Treasury and 

33 to the attorneys general and the tax administrators of the 

34 States from where the shipments, deliveries, or distributions 

35 both originated and concluded. 


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1 ‘‘(e) DELIVERY SALE DEFINED.—As used in this section, 

2 the term ‘delivery sale’ means any sale of cigarettes or smoke3 less tobacco in interstate commerce to a consumer if— 

4 ‘‘(1) the consumer submits the order for such sale by 

5 means of a telephone or other method of voice trans6 mission, the mails, or the Internet or other online service, 

7 or by any other means where the consumer is not in the 

8 same physical location as the seller when the purchase or 

9 offer of sale is made; or 

10 ‘‘(2) the cigarettes or smokeless tobacco are delivered by 

11 use of the mails, common carrier, private delivery service, 

12 or any other means where the consumer is not in the same 

13 physical location as the seller when the consumer obtains 

14 physical possession of the cigarettes or smokeless tobacco. 

15 ‘‘§ 1414. Penalties 

16 ‘‘(a) 1412(a) VIOLATIONS.—Whoever knowingly violates sec17 tion 1412(a) shall be imprisoned not more than five years. 

18 ‘‘(b) 1413(a) AND 1416 VIOLATIONS.—Whoever knowingly 

19 violates any rule or regulation promulgated under section 

20 1413(a) or 1416 or violates section 1412(b) shall be imprisoned 

21 not more than three years. 

22 ‘‘(c) SEIZURE AND FORFEITURE.—Any contraband ciga23 rettes or contraband smokeless tobacco involved in any violation 

24 of the provisions of this chapter shall be subject to seizure and 

25 forfeiture. The provisions of chapter 50 relating to civil forfeit26 ures shall extend to any seizure or civil forfeiture under this 

27 section. Any cigarettes or smokeless tobacco so seized and for28 feited shall be either— 

29 ‘‘(1) destroyed and not resold; or 

30 ‘‘(2) used for undercover investigative operations for the 

31 detection and prosecution of crimes, and then destroyed 

32 and not resold. 

33 ‘‘§ 1415. Effect on State and local law 

34 ‘‘(a) Nothing in this chapter shall be construed to affect the 

35 concurrent jurisdiction of a State or local government to enact 

36 and enforce its own cigarette tax laws, to provide for the confis37 cation of cigarettes or smokeless tobacco and other property 


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1 seized for violation of such laws, and to provide for penalties 

2 for the violation of such laws. 

3 ‘‘(b) Nothing in this chapter shall be construed to inhibit or 

4 otherwise affect any coordinated law enforcement effort by a 

5 number of State or local governments, through interstate com6 pact or otherwise, to provide for the administration of State or 

7 local cigarette tax laws, to provide for the confiscation of ciga8 rettes or smokeless tobacco and other property seized in viola9 tion of such laws, and to establish cooperative programs for the 

10 administration of such laws. 

11 ‘‘§ 1416. Enforcement and regulations 

12 ‘‘(a) GENERALLY.—The Attorney General, subject to the 

13 provisions of section 1413(a), shall enforce this subchapter and 

14 may prescribe rules and regulations to carry out this sub15 chapter. 

16 ‘‘(b) STATE ENFORCEMENT THROUGH CIVIL ACTIONS.— 

17 ‘‘(1) A State, through its attorney general, a local gov18 ernment, through its chief law enforcement officer (or a 

19 designee thereof), or any person who holds a permit under 

20 chapter 52 of the Internal Revenue Code of 1986, may 

21 bring an action in the United States district courts to pre22 vent and restrain violations of this chapter by any person 

23 (or by any person controlling such person), except that any 

24 person who holds a permit under chapter 52 of the Internal 

25 Revenue Code of 1986 may not bring such an action 

26 against a State or local government. No civil action may be 

27 commenced under this paragraph against an Indian tribe 

28 or an Indian in Indian country (as defined in section 

29 1151). 

30 ‘‘(2) A State, through its attorney general, or a local govern31 ment, through its chief law enforcement officer (or a designee 

32 thereof), may in a civil action under paragraph (1) also obtain 

33 any other appropriate relief for violations of this chapter from 

34 any person (or by any person controlling such person), includ35 ing civil penalties, money damages, and injunctive or other eq36 uitable relief. Nothing in this chapter shall be deemed to abro37 gate or constitute a waiver of any sovereign immunity of a 


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1 State or local government, or an Indian tribe against any 

2 unconsented lawsuit under this chapter, or otherwise to re3 strict, expand, or modify any sovereign immunity of a State or 

4 local government, or an Indian tribe. 

5 ‘‘(3) The remedies under paragraphs (1) and (2) are in addi6 tion to any other remedies under Federal, State, local, or other 

7 law. 

8 ‘‘(4) Nothing in this chapter shall be construed to expand, 

9 restrict, or otherwise modify any right of an authorized State 

10 official to proceed in State court, or take other enforcement ac11 tions, on the basis of an alleged violation of State or other law. 

12 ‘‘(5) Nothing in this chapter shall be construed to expand, 

13 restrict, or otherwise modify any right of an authorized local 

14 government official to proceed in State court, or take other en15 forcement actions, on the basis of an alleged violation of local 

16 or other law. 

17 ‘‘SUBCHAPTER E—CHILD SUPPORT 

‘‘Sec. 

‘‘1431. Failure to pay legal child support obligations. 

18 ‘‘§ 1431. Failure to pay legal child support obliga19 tions 

20 ‘‘(a) OFFENSE.—Whoever— 

21 ‘‘(1) knowingly fails to pay a support obligation with re22 spect to a child who resides in another State, if such obli23 gation has remained unpaid for a period longer than 1 

24 year, or is greater than $5,000; 

25 ‘‘(2) travels in interstate or foreign commerce with the 

26 intent to evade a support obligation, if such obligation has 

27 remained unpaid for a period longer than 1 year, or is 

28 greater than $5,000; or 

29 ‘‘(3) knowingly fails to pay a support obligation with re30 spect to a child who resides in another State, if such obli31 gation has remained unpaid for a period longer than 2 

32 years, or is greater than $10,000; 

33 shall be punished as provided in subsection (c). 

34 ‘‘(b) PRESUMPTION.—The existence of a support obligation 

35 that was in effect for the time period charged in the indictment 


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1 or information creates a rebuttable presumption that the obli2 gor has the ability to pay the support obligation for that time 

3 period. 

4 ‘‘(c) PUNISHMENT.—The punishment for an offense under 

5 this section is— 

6 ‘‘(1) in the case of a first offense under subsection 

7 (a)(1), imprisonment for not more than 6 months; and 

8 ‘‘(2) in the case of an offense under paragraph (2) or (3) 

9 of subsection (a), or a second or subsequent offense under 

10 subsection (a)(1), imprisonment for not more than 2 years. 

11 ‘‘(d) VENUE.—With respect to an offense under this section, 

12 an action may be inquired of and prosecuted in a district court 

13 of the United States for— 

14 ‘‘(1) the district in which the child who is the subject of 

15 the support obligation involved resided during a period dur16 ing which a person described in subsection (a) (referred to 

17 in this subsection as an ‘obliger’) failed to meet that sup18 port obligation; 

19 ‘‘(2) the district in which the obliger resided during a pe20 riod described in paragraph (1); or 

21 ‘‘(3) any other district with jurisdiction otherwise pro22 vided for by law. 

23 ‘‘(e) DEFINITIONS.—As used in this section— 

24 ‘‘(1) the term ‘Indian tribe’ has the meaning given that 

25 term in section 102 of the Federally Recognized Indian 

26 Tribe List Act of 1994 (25 U.S.C. 479a); and 

27 ‘‘(2) the term ‘support obligation’ means any amount de28 termined under a court order or an order of an administra29 tive process pursuant to the law of a State or of an Indian 

30 tribe to be due from a person for the support and mainte31 nance of a child or of a child and the parent with whom 

32 the child is living. 

33 ‘‘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. 


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‘‘1445. Obscene visual representations of the sexual abuse of children 

‘‘1446. Presumptions. 

‘‘1447. Transfer of obscene material to minors. 

1 ‘‘§ 1441. Mailing obscene or crime-inciting matter 

2 ‘‘(a) NONMAILABILITY.—The following are nonmailable mat3 ter and shall not be conveyed in the mails or delivered from 

4 any post office or by any letter carrier: 

5 ‘‘(1) Every obscene, lewd, lascivious, indecent, filthy or 

6 vile article, matter, thing, device, or substance. 

7 ‘‘(2) Every article or thing designed, adapted, or in8 tended for producing abortion, or for any indecent or im9 moral use. 

10 ‘‘(3) Every article, instrument, substance, drug, medi11 cine, or thing which is advertised or described in a manner 

12 calculated to lead another to use or apply it for producing 

13 abortion, or for any indecent or immoral purpose. 

14 ‘‘(4) Every written or printed card, letter, circular, book, 

15 pamphlet, advertisement, or notice of any kind giving infor16 mation, directly or indirectly, where, or how, or from 

17 whom, or by what means any of such mentioned matters, 

18 articles, or things may be obtained or made, or where or 

19 by whom any act or operation of any kind for the procuring 

20 or producing of abortion will be done or performed, or how 

21 or by what means abortion may be produced, whether 

22 sealed or unsealed. 

23 ‘‘(5) Every paper, writing, advertisement, or representa24 tion that any article, instrument, substance, drug, medi25 cine, or thing may, or can, be used or applied for producing 

26 abortion, or for any indecent or immoral purpose. 

27 ‘‘(6) Every description calculated to induce or incite a 

28 person to so use or apply any such article, instrument, sub29 stance, drug, medicine, or thing. 

30 ‘‘(b) OFFENSE.—Whoever knowingly uses the mails for the 

31 mailing, carriage in the mails, or delivery of anything declared 

32 by this section or section 3001(e) of title 39 to be nonmailable, 

33 or knowingly causes to be delivered by mail according to the 

34 direction thereon, or at the place at which it is directed to be 


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1 delivered by the person to whom it is addressed, or knowingly 

2 takes any such thing from the mails for the purpose of circu3 lating or disposing thereof, or of aiding in the circulation or 

4 disposition thereof, shall be imprisoned not more than five 

5 years, for the first such offense, and shall be imprisoned not 

6 more than ten years for each such offense thereafter. 

7 ‘‘§ 1442. Importation or transportation of obscene 

8 matters 

9 ‘‘Whoever— 

10 ‘‘(1) brings into the United States, or any place subject 

11 to the jurisdiction thereof, or knowingly uses any express 

12 company or other common carrier or interactive computer 

13 service (as defined in section 230(e)(2) of the Communica14 tions Act of 1934), for carriage in interstate or foreign 

15 commerce— 

16 ‘‘(A) any obscene, lewd, lascivious, or filthy book, 

17 pamphlet, picture, motion-picture film, paper, letter, 

18 writing, print, or other matter of indecent character; 

19 ‘‘(B) any obscene, lewd, lascivious, or filthy phono20 graph recording, electrical transcription, or other arti21 cle or thing capable of producing sound; or 

22 ‘‘(C) any drug, medicine, article, or thing designed, 

23 adapted, or intended for producing abortion, or for any 

24 indecent or immoral use; or any written or printed 

25 card, letter, circular, book, pamphlet, advertisement, or 

26 notice of any kind giving information, directly or indi27 rectly, where, how, or of whom, or by what means any 

28 of such mentioned articles, matters, or things may be 

29 obtained or made; or 

30 ‘‘(2) knowingly takes or receives, from such express com31 pany or other common carrier or interactive computer serv32 ice (as defined in section 230(e)(2) of the Communications 

33 Act of 1934) any matter or thing the carriage or importa34 tion of which is herein made unlawful; 

35 shall be imprisoned not more than five years for the first such 

36 offense and shall be imprisoned not more than ten years for 

37 each such offense thereafter. 


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1 ‘‘§ 1443. Transportation of obscene matters for 

2 sale or distribution 

3 ‘‘(a) OFFENSE.—Whoever knowingly transports or travels in, 

4 or uses a facility or means of, interstate or foreign commerce 

5 or an interactive computer service (as defined in section 

6 230(e)(2) of the Communications Act of 1934) in or affecting 

7 such commerce for the purpose of sale or distribution, of any 

8 obscene, lewd, lascivious, or filthy book, pamphlet, picture, film, 

9 paper, letter, writing, print, silhouette, drawing, figure, image, 

10 cast, phonograph recording, electrical transcription or other ar11 ticle capable of producing sound or any other matter of inde12 cent or immoral character, shall be imprisoned not more than 

13 five years. 

14 ‘‘(b) PRESUMPTION.—The transportation as aforesaid of two 

15 or more copies of any publication or two or more of any article 

16 of the character described above, or a combined total of five 

17 such publications and articles, shall create a presumption that 

18 such publications or articles are intended for sale or distribu19 tion, but such presumption shall be rebuttable. 

20 ‘‘§ 1444. Engaging in the business of selling or 

21 transferring obscene matter 

22 ‘‘(a) OFFENSE.—Whoever is engaged in the business of sell23 ing or transferring obscene matter, who knowingly receives or 

24 possesses with intent to distribute any obscene book, magazine, 

25 picture, paper, film, videotape, or phonograph or other audio 

26 recording, which has been shipped or transported in interstate 

27 or foreign commerce, shall be punished by imprisonment for 

28 not more than 5 years or by a fine under this title, or both. 

29 ‘‘(b) DEFINITION.—As used in this section, the term ‘en30 gaged in the business’ means that the person who sells or 

31 transfers or offers to sell or transfer obscene matter devotes 

32 time, attention, or labor to such activities, as a regular course 

33 of trade or business, with the objective of earning a profit, al34 though it is not necessary that the person make a profit or that 

35 the selling or transferring or offering to sell or transfer such 

36 material be the person’s sole or principal business or source of 

37 income. The offering for sale of or to transfer, at one time, two 


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1 or more copies of any obscene publication, or two or more of 

2 any obscene article, or a combined total of five or more such 

3 publications and articles, shall create a rebuttable presumption 

4 that the person so offering them is ‘engaged in the business’ 

5 as defined in this subsection. 

6 ‘‘§ 1445. Obscene visual representations of the sex7 ual abuse of children 

8 ‘‘(a) IN GENERAL.—Whoever, as made applicable by sub9 section (d), knowingly produces, distributes, receives, or pos10 sesses with intent to distribute, a visual depiction of any kind, 

11 including a drawing, cartoon, sculpture, or painting, that— 

12 ‘‘(1)(A) depicts a minor engaging in sexually explicit con13 duct; and 

14 ‘‘(B) is obscene; or 

15 ‘‘(2)(A) depicts an image that is, or appears to be, of a 

16 minor engaging in graphic bestiality, sadistic or masochistic 

17 abuse, or sexual intercourse, including genital-genital, oral18 genital, anal-genital, or oral-anal, whether between persons 

19 of the same or opposite sex; and 

20 ‘‘(B) lacks serious literary, artistic, political, or scientific 

21 value; 

22 shall be subject to the penalties provided in section 223(b)(1), 

23 including the penalties provided for cases involving a prior con24 viction. 

25 ‘‘(b) ADDITIONAL OFFENSES.—Whoever, as made applicable 

26 by subsection (d), knowingly possesses a visual depiction of any 

27 kind, including a drawing, cartoon, sculpture, or painting, 

28 that— 

29 ‘‘(1)(A) depicts a minor engaging in sexually explicit con30 duct; and 

31 ‘‘(B) is obscene; or 

32 ‘‘(2)(A) depicts an image that is, or appears to be, of a 

33 minor engaging in graphic bestiality, sadistic or masochistic 

34 abuse, or sexual intercourse, including genital-genital, oral35 genital, anal-genital, or oral-anal, whether between persons 

36 of the same or opposite sex; and 


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1 ‘‘(B) lacks serious literary, artistic, political, or scientific 

2 value; 

3 shall be subject to the penalties provided in section 223(b)(2), 

4 including the penalties provided for cases involving a prior con5 viction. 

6 ‘‘(c) NONREQUIRED ELEMENT OF OFFENSE.—It is not a re7 quired element of any offense under this section that the minor 

8 depicted actually exist. 

9 ‘‘(d) APPLICABILITY.—Subsections (a) and (b) apply if— 

10 ‘‘(1) any communication involved in or made in further11 ance of the offense is communicated or transported by the 

12 mail, or in interstate or foreign commerce by any means, 

13 including by computer, or any means or instrumentality of 

14 interstate or foreign commerce is otherwise used in commit15 ting or in furtherance of the commission of the offense; 

16 ‘‘(2) any communication involved in or made in further17 ance of the offense contemplates the transmission or trans18 portation of a visual depiction by the mail, or in interstate 

19 or foreign commerce by any means, including by computer; 

20 ‘‘(3) any person travels or is transported in interstate or 

21 foreign commerce in the course of the commission or in 

22 furtherance of the commission of the offense; 

23 ‘‘(4) any visual depiction involved in the offense has been 

24 mailed, or has been shipped or transported in interstate or 

25 foreign commerce by any means, including by computer, or 

26 was produced using materials that have been mailed, or 

27 that have been shipped or transported in interstate or for28 eign commerce by any means, including by computer; or 

29 ‘‘(5) the offense is committed in the special maritime and 

30 territorial jurisdiction of the United States or in any terri31 tory or possession of the United States. 

32 ‘‘(e) AFFIRMATIVE DEFENSE.—It shall be an affirmative de33 fense to a charge of violating subsection (b) that the defend34 ant— 

35 ‘‘(1) possessed less than 3 such visual depictions; and 


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1 ‘‘(2) promptly and in good faith, and without retaining 

2 or allowing any person, other than a law enforcement agen3 cy, to access any such visual depiction— 

4 ‘‘(A) took reasonable steps to destroy each such vis5 ual depiction; or 

6 ‘‘(B) reported the matter to a law enforcement agen7 cy and afforded that agency access to each such visual 

8 depiction. 

9 ‘‘(f) DEFINITIONS.—As used in this section— 

10 ‘‘(1) the term ‘visual depiction’ includes undeveloped film 

11 and videotape, and data stored on a computer disk or by 

12 electronic means which is capable of conversion into a vis13 ual image, and also includes any photograph, film, video, 

14 picture, digital image or picture, computer image or pic15 ture, or computer generated image or picture, whether 

16 made or produced by electronic, mechanical, or other 

17 means; 

18 ‘‘(2) the term ‘sexually explicit conduct’ has the meaning 

19 given the term in section 229(2)(A) or 229(2)(B); and 

20 ‘‘(3) the term ‘graphic’, when used with respect to a de21 piction of sexually explicit conduct, means that a viewer 

22 can observe any part of the genitals or pubic area of any 

23 depicted person or animal during any part of the time that 

24 the sexually explicit conduct is being depicted. 

25 ‘‘§ 1446. Presumptions 

26 ‘‘(a) INTERSTATE COMMERCE.—In any prosecution under 

27 this subchapter in which an element of the offense is that the 

28 matter in question was transported, shipped, or carried in 

29 interstate commerce, proof, by either circumstantial or direct 

30 evidence, that such matter was produced or manufactured in 

31 one State and is subsequently located in another State shall 

32 raise a rebuttable presumption that such matter was trans33 ported, shipped, or carried in interstate commerce. 

34 ‘‘(b) FOREIGN COMMERCE.—In any prosecution under this 

35 subchapter in which an element of the offense is that the mat36 ter in question was transported, shipped, or carried in foreign 

37 commerce, proof, by either circumstantial or direct evidence, 


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1 that such matter was produced or manufactured outside of the 

2 United States and is subsequently located in the United States 

3 shall raise a rebuttable presumption that such matter was 

4 transported, shipped, or carried in foreign commerce. 

5 ‘‘§ 1447. Transfer of obscene material to minors 

6 ‘‘Whoever, using the mail or any facility or means of inter7 state or foreign commerce, knowingly transfers obscene matter 

8 to another individual who has not attained the age of 16 years, 

9 knowing that such other individual has not attained the age of 

10 16 years, or attempts to do so, shall be imprisoned not more 

11 than 10 years. 

12 ‘‘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. 

13 ‘‘§ 1451. Laundering of monetary instruments 

14 ‘‘(a) OFFENSES.—(1) Whoever, knowing that the property 

15 involved in a financial transaction represents the proceeds of 

16 some form of unlawful activity, conducts or attempts to con17 duct such a financial transaction which in fact involves the pro18 ceeds of specified unlawful activity— 

19 ‘‘(A)(i) with the intent to promote the carrying on of 

20 specified unlawful activity; or 

21 ‘‘(ii) with intent to engage in conduct constituting a vio22 lation of section 7201 or 7206 of the Internal Revenue 

23 Code of 1986; or 

24 ‘‘(B) knowing that the transaction is designed in whole 

25 or in part— 

26 ‘‘(i) to conceal or disguise the nature, the location, the 

27 source, the ownership, or the control of the proceeds of 

28 specified unlawful activity; or 

29 ‘‘(ii) to avoid a transaction reporting requirement under 

30 State or Federal law, 

31 shall be sentenced to a fine of not more than $500,000 or twice 

32 the value of the property involved in the transaction, whichever 


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1 is greater, or imprisonment for not more than twenty years, or 

2 both. For purposes of this paragraph, a financial transaction 

3 shall be considered to be one involving the proceeds of specified 

4 unlawful activity if it is part of a set of parallel or dependent 

5 transactions, any one of which involves the proceeds of specified 

6 unlawful activity, and all of which are part of a single plan or 

7 arrangement. 

8 ‘‘(2) Whoever transports, transmits, or transfers, or attempts 

9 to transport, transmit, or transfer a monetary instrument or 

10 funds from a place in the United States to or through a place 

11 outside the United States or to a place in the United States 

12 from or through a place outside the United States— 

13 ‘‘(A) with the intent to promote the carrying on of speci14 fied unlawful activity; or 

15 ‘‘(B) knowing that the monetary instrument or funds in16 volved in the transportation, transmission, or transfer rep17 resent the proceeds of some form of unlawful activity and 

18 knowing that such transportation, transmission, or transfer 

19 is designed in whole or in part— 

20 ‘‘(i) to conceal or disguise the nature, the location, 

21 the source, the ownership, or the control of the pro22 ceeds of specified unlawful activity; or 

23 ‘‘(ii) to avoid a transaction reporting requirement 

24 under State or Federal law, 

25 shall be sentenced to a fine of not more than $500,000 or twice 

26 the value of the monetary instrument or funds involved in the 

27 transportation, transmission, or transfer, whichever is greater, 

28 or imprisonment for not more than twenty years, or both. For 

29 the purpose of the offense described in subparagraph (B), the 

30 defendant’s knowledge may be established by proof that a law 

31 enforcement officer represented the matter specified in sub32 paragraph (B) as true, and the defendant’s subsequent state33 ments or actions indicate that the defendant believed such rep34 resentations to be true. 

35 ‘‘(3) Whoever, with the intent— 

36 ‘‘(A) to promote the carrying on of specified unlawful ac37 tivity; 


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1 ‘‘(B) to conceal or disguise the nature, location, source, 

2 ownership, or control of property believed to be the pro3 ceeds of specified unlawful activity; or 

4 ‘‘(C) to avoid a transaction reporting requirement under 

5 State or Federal law, 

6 conducts or attempts to conduct a financial transaction involv7 ing property represented to be the proceeds of specified unlaw8 ful activity, or property used to conduct or facilitate specified 

9 unlawful activity, shall be imprisoned for not more than 20 

10 years. For purposes of this paragraph and paragraph (2), the 

11 term ‘represented’ means any representation made by a law en12 forcement officer or by another person at the direction of, or 

13 with the approval of, a Federal official authorized to investigate 

14 or prosecute violations of this section. 

15 ‘‘(b) PENALTIES.— 

16 ‘‘(1) IN GENERAL.—Whoever conducts or attempts to 

17 conduct a transaction described in subsection (a)(1) or 

18 (a)(3), or section 1452, or a transportation, transmission, 

19 or transfer described in subsection (a)(2), is liable to the 

20 United States for a civil penalty of not more than the 

21 greater of— 

22 ‘‘(A) the value of the property, funds, or monetary 

23 instruments involved in the transaction; or 

24 ‘‘(B) $10,000. 

25 ‘‘(2) JURISDICTION OVER FOREIGN PERSONS.—For pur26 poses of adjudicating an action filed or enforcing a penalty 

27 ordered under this section, the district courts shall have ju28 risdiction over any foreign person, including any financial 

29 institution authorized under the laws of a foreign country, 

30 against whom the action is brought, if service of process 

31 upon the foreign person is made under the Federal Rules 

32 of Civil Procedure or the laws of the country in which the 

33 foreign person is found, and— 

34 ‘‘(A) the foreign person commits an offense under 

35 subsection (a) involving a financial transaction that oc36 curs in whole or in part in the United States; 


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1 ‘‘(B) the foreign person converts, to his or her own 

2 use, property in which the United States has an owner3 ship interest by virtue of the entry of an order of for4 feiture by a court of the United States; or 

5 ‘‘(C) the foreign person is a financial institution that 

6 maintains a bank account at a financial institution in 

7 the United States. 

8 ‘‘(3) COURT AUTHORITY OVER ASSETS.—A court may 

9 issue a pretrial restraining order or take any other action 

10 necessary to ensure that any bank account or other prop11 erty held by the defendant in the United States is available 

12 to satisfy a judgment under this section. 

13 ‘‘(4) FEDERAL RECEIVER.— 

14 ‘‘(A) IN GENERAL.—A court may appoint a Federal 

15 Receiver, in accordance with subparagraph (B) of this 

16 paragraph, to collect, marshal, and take custody, con17 trol, and possession of all assets of the defendant, 

18 wherever located, to satisfy a civil judgment under this 

19 subsection, a forfeiture judgment under section 981 or 

20 982, or a criminal sentence under section 1957 or sub21 section (a) of this section, including an order of restitu22 tion to any victim of a specified unlawful activity. 

23 ‘‘(B) APPOINTMENT AND AUTHORITY.—A Federal 

24 Receiver described in subparagraph (A)— 

25 ‘‘(i) may be appointed upon application of a Fed26 eral prosecutor or a Federal or State regulator, by 

27 the court having jurisdiction over the defendant in 

28 the case; 

29 ‘‘(ii) shall be an officer of the court, and the 

30 powers of the Federal Receiver shall include the 

31 powers set out in section 754 of title 28; and 

32 ‘‘(iii) shall have standing equivalent to that of a 

33 Federal prosecutor for the purpose of submitting 

34 requests to obtain information regarding the assets 

35 of the defendant— 

36 ‘‘(I) from the Financial Crimes Enforcement 

37 Network of the Department of the Treasury; or 


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1 ‘‘(II) from a foreign country pursuant to a 

2 mutual legal assistance treaty, multilateral 

3 agreement, or other arrangement for inter4 national law enforcement assistance, provided 

5 that such requests are in accordance with the 

6 policies and procedures of the Attorney Gen7 eral. 

8 ‘‘(c) DEFINITIONS.—As used in this section— 

9 ‘‘(1) the term ‘knowing that the property involved in a 

10 financial transaction represents the proceeds of some form 

11 of unlawful activity’ means that the person knew the prop12 erty involved in the transaction represented proceeds from 

13 some form, though not necessarily which form, of activity 

14 that constitutes a felony under State, Federal, or foreign 

15 law, regardless of whether or not such activity is specified 

16 in paragraph (7); 

17 ‘‘(2) the term ‘conducts’ includes initiating, concluding, 

18 or participating in initiating, or concluding a transaction; 

19 ‘‘(3) the term ‘transaction’ includes a purchase, sale, 

20 loan, pledge, gift, transfer, delivery, or other disposition, 

21 and with respect to a financial institution includes a de22 posit, withdrawal, transfer between accounts, exchange of 

23 currency, loan, extension of credit, purchase or sale of any 

24 stock, bond, certificate of deposit, or other monetary instru25 ment, use of a safe deposit box, or any other payment, 

26 transfer, or delivery by, through, or to a financial institu27 tion, by whatever means effected; 

28 ‘‘(4) the term ‘financial transaction’ means (A) a trans29 action which in any way or degree affects interstate or for30 eign commerce (i) involving the movement of funds by wire 

31 or other means or (ii) involving one or more monetary in32 struments, or (iii) involving the transfer of title to any real 

33 property, vehicle, vessel, or aircraft, or (B) a transaction 

34 involving the use of a financial institution which is engaged 

35 in, or the activities of which affect, interstate or foreign 

36 commerce in any way or degree; 


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1 ‘‘(5) the term ‘monetary instruments’ means (i) coin or 

2 currency of the United States or of any other country, trav3 elers’ checks, personal checks, bank checks, and money or4 ders, or (ii) investment securities or negotiable instruments, 

5 in bearer form or otherwise in such form that title thereto 

6 passes upon delivery; 

7 ‘‘(6) the term ‘financial institution’ means— 

8 ‘‘(A) any financial institution, as defined in section 

9 5312(a)(2) of title 31, or regulations under such sec10 tion; or 

11 ‘‘(B) any foreign bank, as defined in section 1 of the 

12 International Banking Act of 1978 (12 U.S.C. 3101); 

13 and 

14 ‘‘(7) the term ‘specified unlawful activity’ means— 

15 ‘‘(A) any act or activity constituting an offense listed 

16 in section 511(1) of this title except an act which is in17 dictable under subchapter II of chapter 53 of title 31; 

18 ‘‘(B) with respect to a financial transaction occur19 ring in whole or in part in the United States, an of20 fense against a foreign nation involving— 

21 ‘‘(i) the manufacture, importation, sale, or dis22 tribution of a controlled substance (as such term is 

23 defined for the purposes of the Controlled Sub24 stances Act); 

25 ‘‘(ii) murder, kidnapping, robbery, extortion, de26 struction of property by means of explosive or fire, 

27 or a crime of violence; 

28 ‘‘(iii) fraud, or any scheme or attempt to de29 fraud, by or against a foreign bank (as defined in 

30 paragraph 7 of section 1(b) of the International 

31 Banking Act of 1978)); 

32 ‘‘(iv) bribery of a public official, or the misappro33 priation, theft, or embezzlement of public funds by 

34 or for the benefit of a public official; 

35 ‘‘(v) smuggling or export control violations in36 volving— 


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1 ‘‘(I) an item controlled on the United States 

2 Munitions List established under section 38 of 

3 the Arms Export Control Act (22 U.S.C. 

4 2778); or 

5 ‘‘(II) an item controlled under regulations 

6 under the Export Administration Regulations 

7 (15 C.F.R. Parts 730–774); or 

8 ‘‘(vi) an offense with respect to which the United 

9 States would be obligated by a multilateral treaty, 

10 either to extradite the alleged offender or to submit 

11 the case for prosecution, if the offender were found 

12 within the territory of the United States; or 

13 ‘‘(vii) trafficking in persons, selling or buying of 

14 children, sexual exploration or children, or trans15 porting, recruiting or harboring a person, including 

16 a child, for commercial sex acts; 

17 ‘‘(C) any act or acts constituting a continuing crimi18 nal enterprise, as that term is defined in section 413; 

19 ‘‘(D) an offense under section 1301 (relating to the 

20 destruction of aircraft), section 1306 (relating to vio21 lence at international airports), section 102 (relating 

22 murder), section 871 (relating to concealment of assets; 

23 false oaths and claims; bribery), section 624 (relating 

24 to the variola virus), section 1003 (relating to commis25 sions or gifts for procuring loans), section 102(7) (re26 lating to congressional or Cabinet officer assassina27 tion), any of sections 711 through 712 (relating to cer28 tain counterfeiting offenses), section 718 (relating to 

29 securities of States and private entities), section 861 

30 (relating to goods falsely classified), section 862 relat31 ing to entry of goods by means of false statements), 

32 section 863 (relating to smuggling goods into the 

33 United States), section 865 (relating to removing goods 

34 from Customs custody), section 867 (relating to smug35 gling goods from the United States), section 641 (relat36 ing to public money, property, or records), section 644 

37 (relating to theft, embezzlement, or misapplication by 


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1 bank officer or employee), section 645 (relating to lend2 ing, credit, and insurance institutions), section 646 (re3 lating to property mortgaged or pledged to farm credit 

4 agencies), section 654 (relating to theft or bribery con5 cerning programs receiving Federal funds), section 301, 

6 302, or 303 (relating to espionage), section 601 (relat7 ing to prohibited transactions involving nuclear mate8 rials), section 614 (f) or (i) (relating to destruction by 

9 explosives or fire of Government property or property 

10 affecting interstate or foreign commerce), section 144 

11 (relating to interstate communications), section 582(1) 

12 (relating to the unlawful importation of firearms), sec13 tion 584(n) (relating to firearms trafficking), section 

14 955 (relating to conspiracy to kill, kidnap, maim, or in15 jure certain property in a foreign country), section 773 

16 (relating to fraudulent bank entries), section 774 (re17 lating to fraudulent Federal credit institution entries), 

18 section 775 (relating to Federal Deposit Insurance 

19 transactions), section 779 (relating to fraudulent loan 

20 or credit applications), section 787 (relating to com21 puter fraud and abuse), section 789 (relating to con22 cealment of assets from conservator, receiver, or liqui23 dating agent of financial institution), section 121 (re24 lating to kidnaping), section 123 (relating to hostage 

25 taking), section 1201 (relating to Government property 

26 or contract), section 1203 (relating to destruction of 

27 property within the special maritime and territorial ju28 risdiction), section 847 (theft from the mail), section 

29 143 (relating to bank robbery), section 1351 (relating 

30 to violence against maritime navigation), section 676 

31 (relating to copyright infringement), section 680 (relat32 ing to trafficking in counterfeit goods and services), 

33 section 271 (relating to use of weapons of mass de34 struction), section 273 (relating to international ter35 rorist acts transcending national boundaries), section 

36 274 (relating to missile systems designed to destroy 

37 aircraft), section 275 (relating to radiological dispersal 


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1 devices), section 278 or 279 (relating to providing ma2 terial support to terrorists) section 280 (relating to 

3 prohibitions against the financing of terrorism), or sec4 tion 281 (relating to receiving military-type training 

5 from a foreign terrorist) of this title, section 46502 of 

6 title 49, a felony violation of the Chemical Diversion 

7 and Trafficking Act of 1988 (relating to precursor and 

8 essential chemicals), section 590 of the Tariff Act of 

9 1930 (19 U.S.C. 1590) (relating to aviation smug10 gling), section 422 of the Controlled Substances Act 

11 (relating to transportation of drug paraphernalia), sec12 tion 38(c) (relating to criminal violations) of the Arms 

13 Export Control Act, section 11 (relating to violations) 

14 of the Export Administration Act of 1979, section 206 

15 (relating to penalties) of the International Emergency 

16 Economic Powers Act, section 16 (relating to offenses 

17 and punishment) of the Trading with the Enemy Act, 

18 any felony violation of section 15 of the Food and Nu19 trition Act of 2008 (relating to violations and enforce20 ment) involving a quantity of benefits having a value 

21 of not less than $5,000, any violation of section 

22 543(a)(1) of the Housing Act of 1949 (relating to eq23 uity skimming), any felony violation of the Foreign 

24 Agents Registration Act of 1938, any felony violation 

25 of the Foreign Corrupt Practices Act, or section 92 of 

26 the Atomic Energy Act of 1954 (42 U.S.C. 2122) (re27 lating to prohibitions governing atomic weapons); 

28 ‘‘(E) a felony violation of the Federal Water Pollu29 tion Control Act (33 U.S.C. 1251 et seq.), the Ocean 

30 Dumping Act (33 U.S.C. 1401 et seq.), the Act to Pre31 vent Pollution from Ships (33 U.S.C. 1901 et seq.), the 

32 Safe Drinking Water Act (42 U.S.C. 300f et seq.), or 

33 the Resources Conservation and Recovery Act (42 

34 U.S.C. 6901 et seq.); or 

35 ‘‘(F) any act or activity constituting an offense in36 volving a Federal health care offense. 


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1 ‘‘(d) NONEXCLUSIVITY.—Nothing in this section shall super2 sede any provision of Federal, State, or other law imposing 

3 criminal penalties or affording civil remedies in addition to 

4 those provided for in this section. 

5 ‘‘(e) INVESTIGATIVE AUTHORITY.—Violations of this section 

6 may be investigated by such components of the Department of 

7 Justice as the Attorney General may direct, and by such com8 ponents of the Department of the Treasury as the Secretary of 

9 the Treasury may direct, as appropriate, and, with respect to 

10 offenses over which the Department of Homeland Security has 

11 jurisdiction, by such components of the Department of Home12 land Security as the Secretary of Homeland Security may di13 rect, and, with respect to offenses over which the United States 

14 Postal Service has jurisdiction, by the Postal Service. Such au15 thority of the Secretary of the Treasury, the Secretary of 

16 Homeland Security, and the Postal Service shall be exercised 

17 in accordance with an agreement which shall be entered into 

18 by the Secretary of the Treasury, the Secretary of Homeland 

19 Security, the Postal Service, and the Attorney General. Viola20 tions of this section involving offenses described in paragraph 

21 (c)(7)(E) may be investigated by such components of the De22 partment of Justice as the Attorney General may direct, and 

23 the National Enforcement Investigations Center of the Envi24 ronmental Protection Agency. 

25 ‘‘(f) EXTRATERRIOTORIAL JURISDICTION.—There is 

26 extraterritorial jurisdiction over the conduct prohibited by this 

27 section if— 

28 ‘‘(1) the conduct is by a United States citizen or, in the 

29 case of a non-United States citizen, the conduct occurs in 

30 part in the United States; and 

31 ‘‘(2) the transaction or series of related transactions in32 volves funds or monetary instruments of a value exceeding 

33 $10,000. 

34 ‘‘(g) NOTICE OF CONVICTION OF FINANCIAL INSTITU35 TIONS.—If any financial institution or any officer, director, or 

36 employee of any financial institution has been found guilty of 

37 an offense under this section, section 1452 or 508, or section 


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1 5322 or 5324 of title 31, the Attorney General shall provide 

2 written notice of such fact to the appropriate regulatory agency 

3 for the financial institution. 

4 ‘‘(h) VENUE.—(1) Except as provided in paragraph (2), a 

5 prosecution for an offense under this section or section 1452 

6 may be brought in— 

7 ‘‘(A) any district in which the financial or monetary 

8 transaction is conducted; or 

9 ‘‘(B) any district where a prosecution for the underlying 

10 specified unlawful activity could be brought, if the defend11 ant participated in the transfer of the proceeds of the spec12 ified unlawful activity from that district to the district 

13 where the financial or monetary transaction is conducted. 

14 ‘‘(2) A prosecution for an attempt or conspiracy offense 

15 under this section or section 1957 may be brought in the dis16 trict where venue would lie for the completed offense under 

17 paragraph (1), or in any other district where an act in further18 ance of the attempt or conspiracy took place. 

19 ‘‘(3) For purposes of this section, a transfer of funds from 

20 1 place to another, by wire or any other means, shall constitute 

21 a single, continuing transaction. Any person who conducts (as 

22 that term is defined in subsection (c)(2)) any portion of the 

23 transaction may be charged in any district in which the trans24 action takes place. 

25 ‘‘§ 1452. Engaging in monetary transactions in 

26 property derived from specified unlawful 

27 activity 

28 ‘‘(a) ELEMENTS OF OFFENSE.—Whoever, as made applicable 

29 by subsection (d), knowingly engages or attempts to engage in 

30 a monetary transaction in criminally derived property of a 

31 value greater than $10,000 and is derived from specified un32 lawful activity, shall be punished as provided in subsection (b). 

33 ‘‘(b) PUNISHMENT.—(1) Except as provided in paragraph 

34 (2), the punishment for an offense under this section is impris35 onment for not more than ten years. 

36 ‘‘(2) The court may impose an alternate fine to that 

37 imposable under paragraph (1) of not more than twice the 


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1 amount of the criminally derived property involved in the trans2 action. 

3 ‘‘(c) PROOF.—In a prosecution for an offense under this sec4 tion, the Government is not required to prove the defendant 

5 knew that the offense from which the criminally derived prop6 erty was derived was specified unlawful activity. 

7 ‘‘(d) APPLICABILITY.—Subsection (a) applies if— 

8 ‘‘(1) that the offense under this section takes place in 

9 the United States or in the special maritime and territorial 

10 jurisdiction of the United States; or 

11 ‘‘(2) that the offense under this section takes place out12 side the United States and such special jurisdiction, but the 

13 defendant is a United States person (as defined in section 

14 3077 of this title, but excluding the class described in para15 graph (2)(D) of such section). 

16 ‘‘(e) INVESTIGATIVE AUTHORITY.—Violations of this section 

17 may be investigated by such components of the Department of 

18 Justice as the Attorney General may direct, and by such com19 ponents of the Department of the Treasury as the Secretary of 

20 the Treasury may direct, as appropriate, and, with respect to 

21 offenses over which the Department of Homeland Security has 

22 jurisdiction, by such components of the Department of Home23 land Security as the Secretary of Homeland Security may di24 rect, and, with respect to offenses over which the United States 

25 Postal Service has jurisdiction, by the Postal Service. Such au26 thority of the Secretary of the Treasury, the Secretary of 

27 Homeland Security, and the Postal Service shall be exercised 

28 in accordance with an agreement which shall be entered into 

29 by the Secretary of the Treasury, the Secretary of Homeland 

30 Security, the Postal Service, and the Attorney General. 

31 ‘‘(f) DEFINITIONS.—As used in this section— 

32 ‘‘(1) the term ‘monetary transaction’ means the deposit, 

33 withdrawal, transfer, or exchange, in or affecting interstate 

34 or foreign commerce, of funds or a monetary instrument 

35 (as defined in section 1451(c)(5) of this title) by, through, 

36 or to a financial institution (as defined in section 1451 of 

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1 cial transaction under section 1451(c)(4)(B) of this title, 

2 but such term does not include any transaction necessary 

3 to preserve a person’s right to representation as guaranteed 

4 by the sixth amendment to the Constitution; 

5 ‘‘(2) the term ‘criminally derived property’ means any 

6 property constituting, or derived from, proceeds obtained 

7 from a criminal offense; and 

8 ‘‘(3) the term ‘specified unlawful activity’ has the mean9 ing given that term in section 1451 of this title. 

10 ‘‘§ 1453. Structuring transactions to evade report11 ing requirement prohibited 

12 ‘‘(a) DOMESTIC COIN AND CURRENCY TRANSACTIONS IN13 VOLVING FINANCIAL INSTITUTIONS.—No person shall, for the 

14 purpose of evading the reporting requirements of section 

15 5313(a) or 5325 of title 31 or any regulation prescribed under 

16 any such section, the reporting or recordkeeping requirements 

17 imposed by any order issued under section 5326 of that title, 

18 or the recordkeeping requirements imposed by any regulation 

19 prescribed under section 21 of the Federal Deposit Insurance 

20 Act or section 123 of Public Law 91–508— 

21 ‘‘(1) cause or attempt to cause a domestic financial insti22 tution to fail to file a report required under section 5313(a) 

23 or 5325 of title 31 or any regulation prescribed under any 

24 such section, to file a report or to maintain a record re25 quired by an order issued under section 5326 of title 31, 

26 or to maintain a record required pursuant to any regulation 

27 prescribed under section 21 of the Federal Deposit Insur28 ance Act or section 123 of Public Law 91–508; 

29 ‘‘(2) cause or attempt to cause a domestic financial insti30 tution to file a report required under section 5313(a) or 

31 5325 of title 31 or any regulation prescribed under any 

32 such section, to file a report or to maintain a record re33 quired by any order issued under section 5326 of title 31, 

34 or to maintain a record required pursuant to any regulation 

35 prescribed under section 5326 of title 31, or to maintain 

36 a record required pursuant to any regulation prescribed 

37 under section 21 of the Federal Deposit Insurance Act or 


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1 section 123 of Public Law 91–508, that contains a material 

2 omission or misstatement of fact; or 

3 ‘‘(3) structure or assist in structuring, or attempt to 

4 structure or assist in structuring, any transaction with one 

5 or more domestic financial institutions. 

6 ‘‘(b) DOMESTIC COIN AND CURRENCY TRANSACTIONS IN7 VOLVING NONFINANCIAL TRADES OR BUSINESSES.—No person 

8 shall, for the purpose of evading the report requirements of sec9 tion 5331 of title 31 or any regulation prescribed under such 

10 section— 

11 ‘‘(1) cause or attempt to cause a nonfinancial trade or 

12 business to fail to file a report required under section 5331 

13 of title 31 or any regulation prescribed under such section; 

14 ‘‘(2) cause or attempt to cause a nonfinancial trade or 

15 business to file a report required under section 5331 of 

16 title 31 or any regulation prescribed under such section 

17 that contains a material omission or misstatement of fact; 

18 or 

19 ‘‘(3) structure or assist in structuring, or attempt to 

20 structure or assist in structuring, any transaction with 1 

21 or more nonfinancial trades or businesses. 

22 ‘‘(c) INTERNATIONAL MONETARY INSTRUMENT TRANS23 ACTIONS.—No person shall, for the purpose of evading the re24 porting requirements of section 5316 of title 31— 

25 ‘‘(1) fail to file a report required by section 5316 of title 

26 31, or cause or attempt to cause a person to fail to file 

27 such a report; 

28 ‘‘(2) file or cause or attempt to cause a person to file 

29 a report required under section 5316 of title 31 that con30 tains a material omission or misstatement of fact; or 

31 ‘‘(3) structure or assist in structuring, or attempt to 

32 structure or assist in structuring, any importation or expor33 tation of monetary instruments. 

34 ‘‘(d) CRIMINAL PENALTY.— 

35 ‘‘(1) IN GENERAL.—Whoever violates this section shall 

36 be imprisoned for not more than 5 years. 


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1 ‘‘(2) ENHANCED PENALTY FOR AGGRAVATED CASES.— 

2 Whoever violates this section while violating another law of 

3 the United States or as part of a pattern of any illegal ac4 tivity involving more than $100,000 in a 12-month period 

5 shall be imprisoned for not more than 10 years. 

6 ‘‘§ 1454. Bulk cash smuggling into or out of the 

7 United States 

8 ‘‘(a) CRIMINAL OFFENSE.— 

9 ‘‘(1) IN GENERAL.—Whoever, with the intent to evade a 

10 currency reporting requirement under section 5316 of title 

11 31, knowingly conceals more than $10,000 in currency or 

12 other monetary instruments on the person of such indi13 vidual or in any conveyance, article of luggage, merchan14 dise, or other container, and transports or transfers or at15 tempts to transport or transfer such currency or monetary 

16 instruments from a place within the United States to a 

17 place outside of the United States, or from a place outside 

18 the United States to a place within the United States, shall 

19 be guilty of a currency smuggling offense and subject to 

20 punishment pursuant to subsection (b). 

21 ‘‘(2) CONCEALMENT ON PERSON.—For purposes of this 

22 section, the concealment of currency on the person of any 

23 individual includes concealment in any article of clothing 

24 worn by the individual or in any luggage, backpack, or 

25 other container worn or carried by such individual. 

26 ‘‘(b) PENALTY.— 

27 ‘‘(1) TERM OF IMPRISONMENT.—A person convicted of a 

28 currency smuggling offense under subsection (a), or a con29 spiracy to commit such offense, shall be imprisoned for not 

30 more than 5 years. 

31 ‘‘(2) FORFEITURE.—In addition, the court, in imposing 

32 sentence under paragraph (1), shall order that the defend33 ant forfeit to the United States, any property, real or per34 sonal, involved in the offense, and any property traceable 

35 to such property, subject to subsection (c) of this section. 


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1 ‘‘(3) PROCEDURE.—The seizure, restraint, and forfeiture 

2 of property under this section shall be governed by section 

3 413 of the Controlled Substances Act. 

4 ‘‘(4) PERSONAL MONEY JUDGMENT.—If the property 

5 subject to forfeiture under paragraph (2) is unavailable, 

6 and the defendant has insufficient substitute property that 

7 may be forfeited under section 2561, the court shall enter 

8 a personal money judgment against the defendant for the 

9 amount that would be subject to forfeiture. 

10 ‘‘(c) CIVIL FORFEITURE.— 

11 ‘‘(1) IN GENERAL.—Any property involved in a violation 

12 of subsection (a), or a conspiracy to commit such violation, 

13 and any property traceable to such violation or conspiracy, 

14 may be seized and forfeited to the United States. 

15 ‘‘(2) TREATMENT OF CERTAIN PROPERTY AS INVOLVED

16 IN THE OFFENSE.—For purposes of this subsection and 

17 subsection (b), any currency or other monetary instrument 

18 that is concealed or intended to be concealed in violation 

19 of subsection (a), any article, container, or conveyance 

20 used, or intended to be used, to conceal or transport the 

21 currency or other monetary instrument, and any other 

22 property used, or intended to be used, to facilitate the of23 fense, shall be considered property involved in the offense. 

24 ‘‘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 

25 ‘‘SUBCHAPTER A—PRIVACY 

‘‘Sec. 

‘‘1481. Video voyeurism. 

26 ‘‘§ 1481. Video voyeurism 

27 ‘‘(a) OFFENSE.—Whoever, in the special maritime and terri28 torial jurisdiction of the United States, has the intent to capVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00605 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 ture an image of a private area of an individual without their 

2 consent, and knowingly does so under circumstances in which 

3 the individual has a reasonable expectation of privacy, shall be 

4 imprisoned not more than one year. 

5 ‘‘(b) DEFINITIONS FOR SECTION.—As used in this section— 

6 ‘‘(1) the term ‘capture’, with respect to an image, means 

7 to videotape, photograph, film, record by any means, or 

8 broadcast; 

9 ‘‘(2) the term ‘broadcast’ means to electronically trans10 mit a visual image with the intent that it be viewed by a 

11 person or persons; 

12 ‘‘(3) the term ‘a private area of the individual’ means the 

13 naked or undergarment clad genitals, pubic area, buttocks, 

14 or female breast of that individual; 

15 ‘‘(4) the term ‘female breast’ means any portion of the 

16 female breast below the top of the areola; and 

17 ‘‘(5) the term ‘under circumstances in which that indi18 vidual has a reasonable expectation of privacy’ means— 

19 ‘‘(A) circumstances in which a reasonable person 

20 would believe that he or she could disrobe in privacy, 

21 without being concerned that an image of a private 

22 area of the individual was being captured; or 

23 ‘‘(B) circumstances in which a reasonable person 

24 would believe that a private area of the individual 

25 would not be visible to the public, regardless of whether 

26 that person is in a public or private place. 

27 ‘‘(c) EXCLUSION.—This section does not prohibit any lawful 

28 law enforcement, correctional, or intelligence activity. 

29 ‘‘SUBCHAPTER B—WIRE AND ELECTRONIC COMMU30 NICATIONS INTERCEPTION AND INTERCEPTION 

31 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. 


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1 ‘‘§ 1491. Definitions 

2 ‘‘As used in this subchapter— 

3 ‘‘(1) the term ‘wire communication’ means any aural 

4 transfer made in whole or in part through the use of facili5 ties for the transmission of communications by the aid of 

6 wire, cable, or other like connection between the point of 

7 origin and the point of reception (including the use of such 

8 connection in a switching station) furnished or operated by 

9 any person engaged in providing or operating such facilities 

10 for the transmission of interstate or foreign communica11 tions or communications affecting interstate or foreign 

12 commerce; 

13 ‘‘(2) the term ‘oral communication’ means any oral com14 munication uttered by a person exhibiting an expectation 

15 that such communication is not subject to interception 

16 under circumstances justifying such expectation, but such 

17 term does not include any electronic communication; 

18 ‘‘(3) the term ‘intercept’ means the aural or other acqui19 sition of the contents of any wire, electronic, or oral com20 munication through the use of any electronic, mechanical, 

21 or other device; 

22 ‘‘(4) the term ‘electronic, mechanical, or other device’ 

23 means any device or apparatus which can be used to inter24 cept a wire, oral, or electronic communication other than— 

25 ‘‘(A) any telephone or telegraph instrument, equip26 ment or facility, or any component thereof, (i) fur27 nished to the subscriber or user by a provider of wire 

28 or electronic communication service in the ordinary 

29 course of its business and being used by the subscriber 

30 or user in the ordinary course of its business or fur31 nished by such subscriber or user for connection to the 

32 facilities of such service and used in the ordinary 

33 course of its business; or (ii) being used by a provider 

34 of wire or electronic communication service in the ordi35 nary course of its business, or by an investigative or 

36 law enforcement officer in the ordinary course of his 

37 duties; 


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1 ‘‘(B) a hearing aid or similar device being used to 

2 correct subnormal hearing to not better than normal; 

3 ‘‘(5) the term ‘Investigative or law enforcement officer’ 

4 means any officer of the United States or of a State or po5 litical subdivision thereof, who is empowered by law to con6 duct investigations of or to make arrests for offenses enu7 merated in this chapter, and any attorney authorized by 

8 law to prosecute or participate in the prosecution of such 

9 offenses; 

10 ‘‘(6) the term ‘contents’, when used with respect to any 

11 wire, oral, or electronic communication, includes any infor12 mation concerning the substance, purport, or meaning of 

13 that communication; 

14 ‘‘(7) the term ‘Judge of competent jurisdiction’ means— 

15 ‘‘(A) a judge of a United States district court or a 

16 United States court of appeals; and 

17 ‘‘(B) a judge of any court of general criminal juris18 diction of a State who is authorized by a statute of that 

19 State to enter orders authorizing interceptions of wire, 

20 oral, or electronic communications; 

21 ‘‘(8) the term ‘communication common carrier’ has the 

22 meaning given that term in section 3 of the Communica23 tions Act of 1934; 

24 ‘‘(9) the term ‘aggrieved person’ means a person who 

25 was a party to any intercepted wire, oral, or electronic com26 munication or a person against whom the interception was 

27 directed; 

28 ‘‘(10) the term ‘electronic communication’ means any 

29 transfer of signs, signals, writing, images, sounds, data, or 

30 intelligence of any nature transmitted in whole or in part 

31 by a wire, radio, electromagnetic, photoelectronic or 

32 photooptical system that affects interstate or foreign com33 merce, but does not include— 

34 ‘‘(A) any wire or oral communication; 

35 ‘‘(B) any communication made through a tone-only 

36 paging device; 


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1 ‘‘(C) any communication from a tracking device (as 

2 defined in section 3117 of this title); or 

3 ‘‘(D) electronic funds transfer information stored by 

4 a financial institution in a communications system used 

5 for the electronic storage and transfer of funds; 

6 ‘‘(11) the term ‘user’ means any person or entity who— 

7 ‘‘(A) uses an electronic communication service; and 

8 ‘‘(B) is duly authorized by the provider of such serv9 ice to engage in such use; 

10 ‘‘(12) the term ‘electronic communications system’ 

11 means any wire, radio, electromagnetic, photooptical or 

12 photoelectronic facilities for the transmission of wire or 

13 electronic communications, and any computer facilities or 

14 related electronic equipment for the electronic storage of 

15 such communications; 

16 ‘‘(13) the term ‘electronic communication service’ means 

17 any service which provides to users thereof the ability to 

18 send or receive wire or electronic communications; 

19 ‘‘(14) the term ‘readily accessible to the general public’ 

20 means, with respect to a radio communication, that such 

21 communication is not— 

22 ‘‘(A) scrambled or encrypted; 

23 ‘‘(B) transmitted using modulation techniques whose 

24 essential parameters have been withheld from the pub25 lic with the intention of preserving the privacy of such 

26 communication; 

27 ‘‘(C) carried on a subcarrier or other signal sub28 sidiary to a radio transmission; 

29 ‘‘(D) transmitted over a communication system pro30 vided by a common carrier, unless the communication 

31 is a tone only paging system communication; or 

32 ‘‘(E) transmitted on frequencies allocated under part 

33 25, subpart D, E, or F of part 74, or part 94 of the 

34 Rules of the Federal Communications Commission, un35 less, in the case of a communication transmitted on a 

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1 sively allocated to broadcast auxiliary services, the com2 munication is a two-way voice communication by radio; 

3 ‘‘(15) the term ‘electronic storage’ means— 

4 ‘‘(A) any temporary, intermediate storage of a wire 

5 or electronic communication incidental to the electronic 

6 transmission thereof; and 

7 ‘‘(B) any storage of such communication by an elec8 tronic communication service for purposes of backup 

9 protection of such communication; 

10 ‘‘(16) the term ‘aural transfer’ means a transfer con11 taining the human voice at any point between and includ12 ing the point of origin and the point of reception; 

13 ‘‘(17) the term ‘foreign intelligence information’, for pur14 poses of section 3119B(f), means— 

15 ‘‘(A) information, whether or not concerning a 

16 United States person, that relates to the ability of the 

17 United States to protect against— 

18 ‘‘(i) actual or potential attack or other grave hos19 tile acts of a foreign power or an agent of a foreign 

20 power; 

21 ‘‘(ii) sabotage or international terrorism by a for22 eign power or an agent of a foreign power; or 

23 ‘‘(iii) clandestine intelligence activities by an in24 telligence service or network of a foreign power or 

25 by an agent of a foreign power; or 

26 ‘‘(B) information, whether or not concerning a 

27 United States person, with respect to a foreign power 

28 or foreign territory that relates to— 

29 ‘‘(i) the national defense or the security of the 

30 United States; or 

31 ‘‘(ii) the conduct of the foreign affairs of the 

32 United States; 

33 ‘‘(18) the term ‘protected computer’ has the meaning set 

34 forth in section 1030; and 

35 ‘‘(19) the term ‘computer trespasser’— 

36 ‘‘(A) means a person who accesses a protected com37 puter without authorization and thus has no reasonable 


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1 expectation of privacy in any communication trans2 mitted to, through, or from the protected computer; 

3 and 

4 ‘‘(B) does not include a person known by the owner 

5 or operator of the protected computer to have an exist6 ing contractual relationship with the owner or operator 

7 of the protected computer for access to all or part of 

8 the protected computer. 

9 ‘‘§ 1492. Interception and disclosure of wire, oral, 

10 or electronic communications prohibited 

11 ‘‘(a) OFFENSE.—Except as otherwise specifically provided in 

12 this subchapter whoever— 

13 ‘‘(1) intentionally intercepts, endeavors to intercept, or 

14 procures any other person to intercept or endeavor to inter15 cept, any wire, oral, or electronic communication; 

16 ‘‘(2) intentionally uses, endeavors to use, or procures any 

17 other person to use or endeavor to use any electronic, me18 chanical, or other device to intercept any oral communica19 tion when— 

20 ‘‘(A) such device is affixed to, or otherwise transmits 

21 a signal through, a wire, cable, or other like connection 

22 used in wire communication; 

23 ‘‘(B) such device transmits communications by radio, 

24 or interferes with the transmission of such communica25 tion; 

26 ‘‘(C) such person knows, or has reason to know, that 

27 such device or any component thereof has been sent 

28 through the mail or transported in interstate or foreign 

29 commerce; 

30 ‘‘(D) such use or endeavor to use (i) takes place on 

31 the premises of any business or other commercial es32 tablishment the operations of which affect interstate or 

33 foreign commerce; or (ii) obtains or is for the purpose 

34 of obtaining information relating to the operations of 

35 any business or other commercial establishment the op36 erations of which affect interstate or foreign commerce; 

37 or 


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1 ‘‘(E) such person acts in the District of Columbia, 

2 the Commonwealth of Puerto Rico, or any territory or 

3 possession of the United States; 

4 ‘‘(3) intentionally discloses, or endeavors to disclose, to 

5 any other person the contents of any wire, oral, or elec6 tronic communication, knowing or having reason to know 

7 that the information was obtained through the interception 

8 of a wire, oral, or electronic communication in violation of 

9 this subsection; 

10 ‘‘(4) intentionally uses, or endeavors to use, the contents 

11 of any wire, oral, or electronic communication, knowing or 

12 having reason to know that the information was obtained 

13 through the interception of a wire, oral, or electronic com14 munication in violation of this subsection; or 

15 ‘‘(5)(A) intentionally discloses, or endeavors to disclose, 

16 to any other person the contents of any wire, oral, or elec17 tronic communication, intercepted by means authorized by 

18 sections 1492(b)(1)(B), 1492(b)(2)–(3), 1492(b)(5), 

19 3119A, and 3119C8; 

20 ‘‘(B) knowing or having reason to know that the infor21 mation was obtained through the interception of such a 

22 communication in connection with a criminal investigation; 

23 ‘‘(C) having obtained or received the information in con24 nection with a criminal investigation; and 

25 ‘‘(D) with intent to improperly obstruct, impede, or 

26 interfere with a duly authorized criminal investigation, 

27 shall be punished as provided in subsection (d) or shall be sub28 ject to suit as provided in subsection (5). 

29 ‘‘(b) EXCLUSIONS.—(1)(A) It shall not be unlawful under 

30 this subchapter for an operator of a switchboard, or an officer, 

31 employee, or agent of a provider of wire or electronic commu32 nication service, whose facilities are used in the transmission of 

33 a wire or electronic communication, to intercept, disclose, or 

34 use that communication in the normal course of his employ35 ment while engaged in any activity which is a necessary inci36 dent to the rendition of his service or to the protection of the 

37 rights or property of the provider of that service, except that 


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1 a provider of wire communication service to the public shall not 

2 utilize service observing or random monitoring except for me3 chanical or service quality control checks. 

4 ‘‘(B) Notwithstanding any other law, providers of wire or 

5 electronic communication service, their officers, employees, and 

6 agents, landlords, custodians, or other persons, are authorized 

7 to provide information, facilities, or technical assistance to per8 sons authorized by law to intercept wire, oral, or electronic 

9 communications or to conduct electronic surveillance, as defined 

10 in section 101 of the Foreign Intelligence Surveillance Act of 

11 1978, if such provider, its officers, employees, or agents, land12 lord, custodian, or other specified person, has been provided 

13 with— 

14 ‘‘(i) a court order directing such assistance or a court 

15 order pursuant to section 704 of the Foreign Intelligence 

16 Surveillance Act of 1978 signed by the authorizing judge, 

17 or 

18 ‘‘(ii) a certification in writing by a person specified in 

19 section 2518(7) of this title or the Attorney General of the 

20 United States that no warrant or court order is required 

21 by law, that all statutory requirements have been met, and 

22 that the specified assistance is required, 

23 setting forth the period of time during which the provision of 

24 the information, facilities, or technical assistance is authorized 

25 and specifying the information, facilities, or technical assistance 

26 required. No provider of wire or electronic communication serv27 ice, officer, employee, or agent thereof, or landlord, custodian, 

28 or other specified person shall disclose the existence of any 

29 interception or surveillance or the device used to accomplish the 

30 interception or surveillance with respect to which the person 

31 has been furnished a court order or certification under this 

32 subchapter, except as may otherwise be required by legal proc33 ess and then only after prior notification to the Attorney Gen34 eral or to the principal prosecuting attorney of a State or any 

35 political subdivision of a State, as may be appropriate. Any 

36 such disclosure, shall render such person liable for the civil 

37 damages provided for in section 2520. No cause of action shall 


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1 lie in any court against any provider of wire or electronic com2 munication service, its officers, employees, or agents, landlord, 

3 custodian, or other specified person for providing information, 

4 facilities, or assistance in accordance with the terms of a court 

5 order, statutory authorization, or certification under this sub6 chapter. 

7 ‘‘(C) If a certification under subparagraph (B)(ii) for assist8 ance to obtain foreign intelligence information is based on stat9 utory authority, the certification shall identify the specific 

10 statory provision and shall certify that the statutory require11 ments have been met. 

12 ‘‘(2) It shall not be unlawful under this subchapter for an 

13 officer, employee, or agent of the Federal Communications 

14 Commission, in the normal course of his employment and in 

15 discharge of the monitoring responsibilities exercised by the 

16 Commission in the enforcement of chapter 5 of title 47 of the 

17 United States Code, to intercept a wire or electronic commu18 nication, or oral communication transmitted by radio, or to dis19 close or use the information thereby obtained. 

20 ‘‘(3) It shall not be unlawful under this subchapter for a per21 son acting under color of law to intercept a wire, oral, or elec22 tronic communication, where such person is a party to the com23 munication or one of the parties to the communication has 

24 given prior consent to such interception. 

25 ‘‘(4) It shall not be unlawful under this subchapter for a per26 son not acting under color of law to intercept a wire, oral, or 

27 electronic communication where such person is a party to the 

28 communication or where one of the parties to the communica29 tion has given prior consent to such interception unless such 

30 communication is intercepted for the purpose of committing 

31 any criminal or tortious act in violation of the Constitution or 

32 laws of the United States or of any State. 

33 ‘‘(5) Notwithstanding any other provision of this title or sec34 tion 705 or 706 of the Communications Act of 1934, it shall 

35 not be unlawful for an officer, employee, or agent of the United 

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1 tronic surveillance, as defined in section 101 of the Foreign In2 telligence Surveillance Act of 1978, as authorized by that Act. 

3 ‘‘(6) Nothing contained in this subchapter or subchapter C, 

4 chapter 206B, or section 705 of the Communications Act of 

5 1934, shall be deemed to affect the acquisition by the United 

6 States Government of foreign intelligence information from 

7 international or foreign communications, or foreign intelligence 

8 activities conducted in accordance with otherwise applicable 

9 Federal law involving a foreign electronic communications sys10 tem, utilizing a means other than electronic surveillance as de11 fined in section 101 of the Foreign Intelligence Surveillance 

12 Act of 1978, and procedures in this subchapter or subchapter 

13 C, chapter 206B of this title, or section 705 of the Communica14 tions Act of 1934 and the Foreign Intelligence Surveillance Act 

15 of 1978 shall be the exclusive means by which electronic sur16 veillance, as defined in section 101 of such Act, and the inter17 ception of domestic wire, oral, and electronic communications 

18 may be conducted. 

19 ‘‘(7) It shall not be unlawful under this subchapter or sub20 chapter C for any person— 

21 ‘‘(A) to intercept or access an electronic communication 

22 made through an electronic communication system that is 

23 configured so that such electronic communication is readily 

24 accessible to the general public; 

25 ‘‘(B) to intercept any radio communication which is 

26 transmitted— 

27 ‘‘(i) by any station for the use of the general public, 

28 or that relates to ships, aircraft, vehicles, or persons in 

29 distress; 

30 ‘‘(ii) by any governmental, law enforcement, civil de31 fense, private land mobile, or public safety communica32 tions system, including police and fire, readily acces33 sible to the general public; 

34 ‘‘(iii) by a station operating on an authorized fre35 quency within the bands allocated to the amateur, citi36 zens band, or general mobile radio services; or 


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1 ‘‘(iv) by any marine or aeronautical communications 

2 system; 

3 ‘‘(C) to engage in any conduct which— 

4 ‘‘(i) is prohibited by section 633 of the Communica5 tions Act of 1934; or 

6 ‘‘(ii) is excepted from the application of section 

7 705(a) of the Communications Act of 1934 by section 

8 705(b) of that Act; 

9 ‘‘(iii) to intercept any wire or electronic communica10 tion the transmission of which is causing harmful inter11 ference to any lawfully operating station or consumer 

12 electronic equipment, to the extent necessary to identify 

13 the source of such interference; or 

14 ‘‘(iv) for other users of the same frequency to inter15 cept any radio communication made through a system 

16 that utilizes frequencies monitored by individuals en17 gaged in the provision or the use of such system, if 

18 such communication is not scrambled or encrypted. 

19 ‘‘(8) It shall not be unlawful under this subchapter— 

20 ‘‘(A) to use a pen register or a trap and trace device (as 

21 those terms are defined for the purposes of chapter 206 

22 (relating to pen registers and trap and trace devices) of 

23 this title); or 

24 ‘‘(B) for a provider of electronic communication service 

25 to record the fact that a wire or electronic communication 

26 was initiated or completed in order to protect such pro27 vider, another provider furnishing service toward the com28 pletion of the wire or electronic communication, or a user 

29 of that service, from fraudulent, unlawful or abusive use of 

30 such service. 

31 ‘‘(9) It shall not be unlawful under this subchapter for a per32 son acting under color of law to intercept the wire or electronic 

33 communications of a computer trespasser transmitted to, 

34 through, or from the protected computer, if— 

35 ‘‘(A) the owner or operator of the protected computer 

36 authorizes the interception of the computer trespasser’s 

37 communications on the protected computer; 


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1 ‘‘(B) the person acting under color of law is lawfully en2 gaged in an investigation; 

3 ‘‘(C) the person acting under color of law has reasonable 

4 grounds to believe that the contents of the computer tres5 passer’s communications will be relevant to the investiga6 tion; and 

7 ‘‘(D) such interception does not acquire communications 

8 other than those transmitted to or from the computer tres9 passer. 

10 ‘‘(c) CONTENTS IN TRANSMISSION.—(1) Except as provided 

11 in paragraph (b) of this subsection, a person or entity pro12 viding an electronic communication service to the public shall 

13 not intentionally divulge the contents of any communication 

14 (other than one to such person or entity, or an agent thereof) 

15 while in transmission on that service to any person or entity 

16 other than an addressee or intended recipient of such commu17 nication or an agent of such addressee or intended recipient. 

18 ‘‘(2) A person or entity providing electronic communication 

19 service to the public may divulge the contents of any such com20 munication— 

21 ‘‘(A) as otherwise authorized in section 2511(2)(a) or 

22 2517 of this title; 

23 ‘‘(B) with the lawful consent of the originator or any ad24 dressee or intended recipient of such communication; 

25 ‘‘(C) to a person employed or authorized, or whose facili26 ties are used, to forward such communication to its des27 tination; or 

28 ‘‘(D) which were inadvertently obtained by the service 

29 provider and which appear to pertain to the commission of 

30 a crime, if such divulgence is made to a law enforcement 

31 agency. 

32 ‘‘(d) PUNISHMENT.—(1) Except as provided in paragraph 

33 (b) of this subsection or in subsection (5), whoever violates sub34 section (1) of this section shall be imprisoned not more than 

35 five years. 

36 ‘‘(2) Conduct otherwise an offense under this subsection that 

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1 mission that is not encrypted or scrambled and that is trans2 mitted— 

3 ‘‘(A) to a broadcasting station for purposes of retrans4 mission to the general public; or 

5 ‘‘(B) as an audio subcarrier intended for redistribution 

6 to facilities open to the public, but not including data 

7 transmissions or telephone calls, 

8 is not an offense under this subsection unless the conduct is 

9 for the purposes of direct or indirect commercial advantage or 

10 private financial gain. 

11 ‘‘(e) CERTAIN COMMUNICATIONS.—(1)(A) If the communica12 tion is— 

13 ‘‘(i) a private satellite video communication that is 

14 not scrambled or encrypted and the conduct in violation 

15 of this subchapter is the private viewing of that com16 munication and is not for a tortious or illegal purpose 

17 or for purposes of direct or indirect commercial advan18 tage or private commercial gain; or 

19 ‘‘(ii) a radio communication that is transmitted on 

20 frequencies allocated under subpart D of part 74 of the 

21 rules of the Federal Communications Commission that 

22 is not scrambled or encrypted and the conduct in viola23 tion of this subchapter is not for a tortious or illegal 

24 purpose or for purposes of direct or indirect commercial 

25 advantage or private commercial gain, 

26 then the person who engages in such conduct shall be subject 

27 to suit by the Federal Government in a court of competent ju28 risdiction. 

29 ‘‘(B) In an action under this subsection— 

30 ‘‘(i) if the violation of this subchapter is a first offense 

31 for the person under paragraph (a) of subsection (4) and 

32 such person has not been found liable in a civil action 

33 under section 2520 of this title, the Federal Government 

34 shall be entitled to appropriate injunctive relief; and 

35 ‘‘(ii) if the violation of this subchapter is a second or 

36 subsequent offense under paragraph (a) of subsection (4) 

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1 tion under section 2520, the person shall be subject to a 

2 mandatory $500 civil fine. 

3 ‘‘(2) The court may use any means within its authority to 

4 enforce an injunction issued under paragraph (ii)(A), and shall 

5 impose a civil fine of not less than $500 for each violation of 

6 such an injunction. 

7 ‘‘§ 1493. Manufacture, distribution, possession, 

8 and advertising of wire, oral, or electronic 

9 communication intercepting devices pro10 hibited 

11 ‘‘(a) OFFENSE.—Except as otherwise specifically provided in 

12 this subchapter, whoever intentionally— 

13 ‘‘(1) sends through the mail, or sends or carries in inter14 state or foreign commerce, any electronic, mechanical, or 

15 other device, knowing or having reason to know that the 

16 design of such device renders it primarily useful for the 

17 purpose of the surreptitious interception of wire, oral, or 

18 electronic communications; 

19 ‘‘(2) manufactures, assembles, possesses, or sells any 

20 electronic, mechanical, or other device, knowing or having 

21 reason to know that the design of such device renders it 

22 primarily useful for the purpose of the surreptitious inter23 ception of wire, oral, or electronic communications, and 

24 that such device or any component thereof has been or will 

25 be sent through the mail or transported in interstate or 

26 foreign commerce; or 

27 ‘‘(3) places in any newspaper, magazine, handbill, or 

28 other publication or disseminates by electronic means any 

29 advertisement of— 

30 ‘‘(A) any electronic, mechanical, or other device 

31 knowing or having reason to know that the design of 

32 such device renders it primarily useful for the purpose 

33 of the surreptitious interception of wire, oral, or elec34 tronic communications; or 

35 ‘‘(B) any other electronic, mechanical, or other de36 vice, where such advertisement promotes the use of 


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1 such device for the purpose of the surreptitious inter2 ception of wire, oral, or electronic communications, 

3 knowing the content of the advertisement and knowing or 

4 having reason to know that such advertisement will be sent 

5 through the mail or transported in interstate or foreign 

6 commerce, 

7 shall be imprisoned not more than five years. 

8 ‘‘(b) EXCLUSION.—It shall not be unlawful under this sec9 tion for— 

10 ‘‘(1) a provider of wire or electronic communication serv11 ice or an officer, agent, or employee of, or a person under 

12 contract with, such a provider, in the normal course of the 

13 business of providing that wire or electronic communication 

14 service, or 

15 ‘‘(2) an officer, agent, or employee of, or a person under 

16 contract with, the United States, a State, or a political sub17 division thereof, in the normal course of the activities of the 

18 United States, a State, or a political subdivision thereof, 

19 to send through the mail, send or carry in interstate or foreign 

20 commerce, or manufacture, assemble, possess, or sell any elec21 tronic, mechanical, or other device knowing or having reason to 

22 know that the design of such device renders it primarily useful 

23 for the purpose of the surreptitious interception of wire, oral, 

24 or electronic communications. 

25 ‘‘(c) ADDITIONAL EXCLUSION.—It shall not be unlawful 

26 under this section to advertise for sale a device described in 

27 subsection (a) of this section if the advertisement is mailed, 

28 sent, or carried in interstate or foreign commerce solely to a 

29 domestic provider of wire or electronic communication service 

30 or to an agency of the United States, a State, or a political 

31 subdivision thereof which is duly authorized to use such device. 

32 ‘‘§ 1494. Confiscation of wire, oral, or electronic 

33 communication intercepting devices 

34 ‘‘Any electronic, mechanical, or other device used, sent, car35 ried, manufactured, assembled, possessed, sold, or advertised in 

36 violation of section 1492 or section 1493 may be seized and 

37 forfeited to the United States. All provisions of law relating to 


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1 (1) the seizure, summary and judicial forfeiture, and con2 demnation of vessels, vehicles, merchandise, and baggage for 

3 violations of the customs laws contained in title 19 of the 

4 United States Code, (2) the disposition of such vessels, vehicles, 

5 merchandise, and baggage or the proceeds from the sale there6 of, (3) the remission or mitigation of such forfeiture, (4) the 

7 compromise of claims, and (5) the award of compensation to 

8 informers in respect of such forfeitures, shall apply to seizures 

9 and forfeitures incurred, or alleged to have been incurred, 

10 under the provisions of this section, insofar as applicable and 

11 not inconsistent with the provisions of this section; except that 

12 such duties as are imposed upon the collector of customs or any 

13 other person with respect to the seizure and forfeiture of ves14 sels, vehicles, merchandise, and baggage under the provisions of 

15 the customs laws contained in title 19 of the United States 

16 Code shall be performed with respect to seizure and forfeiture 

17 of electronic, mechanical, or other intercepting devices under 

18 this section by such officers, agents, or other persons as may 

19 be authorized or designated for that purpose by the Attorney 

20 General. 

21 ‘‘SUBCHAPTER C—STORED WIRE AND ELECTRONIC 

22 COMMUNICATIONS AND TRANSACTIONAL 

23 RECORDS ACCESS 

‘‘Sec. 

‘‘1521. Unlawful access to stored communications. 

24 ‘‘§1521. Unlawful access to stored communications 

25 ‘‘(a) OFFENSE.—Except as provided in subsection (c) of this 

26 section whoever— 

27 ‘‘(1) intentionally accesses without authorization a facil28 ity through which an electronic communication service is 

29 provided; or 

30 ‘‘(2) intentionally exceeds an authorization to access that 

31 facility; 

32 and thereby obtains, alters, or prevents authorized access to a 

33 wire or electronic communication while it is in electronic stor34 age in such system shall be punished as provided in subsection 

35 (b) of this section. 


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1 ‘‘(b) PUNISHMENT.—The punishment for an offense under 

2 subsection (a) of this section is— 

3 ‘‘(1) if the offense is committed for purposes of commer4 cial advantage, malicious destruction or damage, or private 

5 commercial gain, or in furtherance of any criminal or 

6 tortious act in violation of the Constitution or laws of the 

7 United States or any State— 

8 ‘‘(A) a fine under this title or imprisonment for not 

9 more than 5 years, or both, in the case of a first of10 fense under this subparagraph; and 

11 ‘‘(B) a fine under this title or imprisonment for not 

12 more than 10 years, or both, for any subsequent of13 fense under this subparagraph; and 

14 ‘‘(2) in any other case— 

15 ‘‘(A) a fine under this title or imprisonment for not 

16 more than 1 year or both, in the case of a first offense 

17 under this paragraph; and 

18 ‘‘(B) a fine under this title or imprisonment for not 

19 more than 5 years, or both, in the case of an offense 

20 under this subparagraph that occurs after a conviction 

21 of another offense under this section. 

22 ‘‘(c) EXCEPTIONS.—Subsection (a) of this section does not 

23 apply with respect to conduct authorized— 

24 ‘‘(1) by the person or entity providing a wire or elec25 tronic communications service; 

26 ‘‘(2) by a user of that service with respect to a commu27 nication of or intended for that user; or 

28 ‘‘(3) in section 3120A, 3120B, or 3119C. 

29 ‘‘§ 1522. Definitions 

30 ‘‘A term that is defined by chapter 206B has the same 

31 meaning when used in this subchapter. 

32 ‘‘SUBCHAPTER D—PROHIBITION ON RELEASE AND 

33 USE OF CERTAIN PERSONAL INFORMATION FROM 

34 STATE MOTOR VEHICLE RECORDS 

‘‘Sec. 

‘‘1541. Prohibition on release and use of certain personal information 

from State motor vehicle records. 

‘‘1542. Additional unlawful acts. 


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‘‘1543. Penalties. 

‘‘1544. Civil action. 

‘‘1545. Definitions. 

1 ‘‘§ 1541. Prohibition on release and use of certain 

2 personal information from State motor ve3 hicle records 

4 ‘‘(a) IN GENERAL.—A State department of motor vehicles, 

5 and any officer, employee, or contractor thereof, shall not 

6 knowingly disclose or otherwise make available to any person 

7 or entity— 

8 ‘‘(1) personal information about any individual obtained 

9 by the department in connection with a motor vehicle 

10 record, except as provided in subsection (b) of this section; 

11 or 

12 ‘‘(2) highly restricted personal information about any in13 dividual obtained by the department in connection with a 

14 motor vehicle record, without the express consent of the 

15 person to whom such information applies, except uses per16 mitted in subsections (b)(1), (b)(4), (b)(6), and (b)(9), but 

17 this paragraph does not in any way affect the use of organ 

18 donation information on an individual’s driver’s license or 

19 affect the administration of organ donation initiatives in 

20 the States. 

21 ‘‘(b) PERMISSIBLE USES.—Personal information referred to 

22 in subsection (a) shall be disclosed for use in connection with 

23 matters of motor vehicle or driver safety and theft, motor vehi24 cle emissions, motor vehicle product alterations, recalls, or 

25 advisories, performance monitoring of motor vehicles and deal26 ers by motor vehicle manufacturers, and removal of non-owner 

27 records from the original owner records of motor vehicle manu28 facturers to carry out the purposes of titles I and IV of the 

29 Anti Car Theft Act of 1992, the Automobile Information Dis30 closure Act (15 U.S.C. 1231 et seq.), the Clean Air Act (42 

31 U.S.C. 7401 et seq.), and chapters 301, 305, and 321–331 of 

32 title 49, and, subject to subsection (a)(2), may be disclosed as 

33 follows: 


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1 ‘‘(1) For use by any government agency, including any 

2 court or law enforcement agency, in carrying out its func3 tions, or any private person or entity acting on behalf of 

4 a Federal, State, or local agency in carrying out its func5 tions. 

6 ‘‘(2) For use in connection with matters of motor vehicle 

7 or driver safety and theft; motor vehicle emissions; motor 

8 vehicle product alterations, recalls, or advisories; perform9 ance monitoring of motor vehicles, motor vehicle parts and 

10 dealers; motor vehicle market research activities, including 

11 survey research; and removal of non-owner records from 

12 the original owner records of motor vehicle manufacturers. 

13 ‘‘(3) For use in the normal course of business by a legiti14 mate business or its agents, employees, or contractors, but 

15 only— 

16 ‘‘(A) to verify the accuracy of personal information 

17 submitted by the individual to the business or its 

18 agents, employees, or contractors; and 

19 ‘‘(B) if such information as so submitted is not cor20 rect or is no longer correct, to obtain the correct infor21 mation, but only for the purposes of preventing fraud 

22 by, pursuing legal remedies against, or recovering on a 

23 debt or security interest against, the individual. 

24 ‘‘(4) For use in connection with any civil, criminal, ad25 ministrative, or arbitral proceeding in any Federal, State, 

26 or local court or agency or before any self-regulatory body, 

27 including the service of process, investigation in anticipa28 tion of litigation, and the execution or enforcement of judg29 ments and orders, or pursuant to an order of a Federal, 

30 State, or local court. 

31 ‘‘(5) For use in research activities, and for use in pro32 ducing statistical reports, so long as the personal informa33 tion is not published, redisclosed, or used to contact indi34 viduals. 

35 ‘‘(6) For use by any insurer or insurance support organi36 zation, or by a self-insured entity, or its agents, employees, 


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1 or contractors, in connection with claims investigation ac2 tivities, antifraud activities, rating or underwriting. 

3 ‘‘(7) For use in providing notice to the owners of towed 

4 or impounded vehicles. 

5 ‘‘(8) For use by any licensed private investigative agency 

6 or licensed security service for any purpose permitted under 

7 this subsection. 

8 ‘‘(9) For use by an employer or its agent or insurer to 

9 obtain or verify information relating to a holder of a com10 mercial driver’s license that is required under chapter 313 

11 of title 49. 

12 ‘‘(10) For use in connection with the operation of private 

13 toll transportation facilities. 

14 ‘‘(11) For any other use in response to requests for indi15 vidual motor vehicle records if the State has obtained the 

16 express consent of the person to whom such personal infor17 mation pertains. 

18 ‘‘(12) For bulk distribution for surveys, marketing or so19 licitations if the State has obtained the express consent of 

20 the person to whom such personal information pertains. 

21 ‘‘(13) For use by any requester, if the requester dem22 onstrates it has obtained the written consent of the indi23 vidual to whom the information pertains. 

24 ‘‘(14) For any other use specifically authorized under the 

25 law of the State that holds the record, if such use is related 

26 to the operation of a motor vehicle or public safety. 

27 ‘‘(c) RESALE OR REDISCLOSURE.—An authorized recipient 

28 of personal information (except a recipient under subsection 

29 (b)(11) or (12)) may resell or redisclose the information only 

30 for a use permitted under subsection (b) (but not for uses 

31 under subsection (b)(11) or (12)). An authorized recipient 

32 under subsection (b)(11) may resell or redisclose personal in33 formation for any purpose. An authorized recipient under sub34 section (b)(12) may resell or redisclose personal information 

35 pursuant to subsection (b)(12). Any authorized recipient (ex36 cept a recipient under subsection (b)(11)) that resells or redis37 closes personal information covered by this chapter must keep 


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1 for a period of 5 years records identifying each person or entity 

2 that receives information and the permitted purpose for which 

3 the information will be used and must make such records avail4 able to the motor vehicle department upon request. 

5 ‘‘(d) WAIVER PROCEDURES.—A State motor vehicle depart6 ment may establish and carry out procedures under which the 

7 department or its agents, upon receiving a request for personal 

8 information that does not fall within one of the exceptions in 

9 subsection (b), may mail a copy of the request to the individual 

10 about whom the information was requested, informing such in11 dividual of the request, together with a statement to the effect 

12 that the information will not be released unless the individual 

13 waives such individual’s right to privacy under this section. 

14 ‘‘(e) PROHIBITION ON CONDITIONS.—No State may condi15 tion or burden in any way the issuance of an individual’s motor 

16 vehicle record to obtain express consent. Nothing in this para17 graph shall be construed to prohibit a State from charging an 

18 administrative fee for issuance of a motor vehicle record. 

19 ‘‘§ 1542. Additional unlawful acts 

20 ‘‘(a) PROCUREMENT FOR UNLAWFUL PURPOSE.—It shall be 

21 unlawful for any person knowingly to obtain or disclose per22 sonal information, from a motor vehicle record, for any use not 

23 permitted under section 1541(b) of this title. 

24 ‘‘(b) FALSE REPRESENTATION.—It shall be unlawful for any 

25 person to make false representation to obtain any personal in26 formation from an individual’s motor vehicle record. 

27 ‘‘§ 1543. Penalties 

28 ‘‘(a) CRIMINAL FINE.—Whoever knowingly violates this sub29 chapter shall be fined under this title. 

30 ‘‘(b) VIOLATIONS BY STATE DEPARTMENT OF MOTOR VEHI31 CLES.—Any State department of motor vehicles that has a pol32 icy or practice of substantial noncompliance with this chapter 

33 shall be subject to a civil penalty imposed by the Attorney Gen34 eral of not more than $5,000 a day for each day of substantial 

35 noncompliance. 


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1 ‘‘§ 1544. Civil action 

2 ‘‘(a) CAUSE OF ACTION.—A person who knowingly obtains, 

3 discloses or uses personal information, from a motor vehicle 

4 record, for a purpose not permitted under this chapter shall be 

5 liable to the individual to whom the information pertains, who 

6 may bring a civil action in a United States district court. 

7 ‘‘(b) REMEDIES.—The court may award— 

8 ‘‘(1) actual damages, but not less than liquidated dam9 ages in the amount of $2,500; 

10 ‘‘(2) punitive damages upon proof of willful or reckless 

11 disregard of the law; 

12 ‘‘(3) reasonable attorneys’ fees and other litigation costs 

13 reasonably incurred; and 

14 ‘‘(4) such other preliminary and equitable relief as the 

15 court determines to be appropriate. 

16 ‘‘§ 1545. Definitions 

17 ‘‘As used in this subchapter— 

18 ‘‘(1) the term ‘motor vehicle record’ means any record 

19 that pertains to a motor vehicle operator’s permit, motor 

20 vehicle title, motor vehicle registration, or identification 

21 card issued by a department of motor vehicles; 

22 ‘‘(2) the term ‘personal information’ means information 

23 that identifies an individual, including an individual’s pho24 tograph, social security number, driver identification num25 ber, name, address (but not the 5-digit zip code), telephone 

26 number, and medical or disability information, but does not 

27 include information on vehicular accidents, driving viola28 tions, and driver’s status; 

29 ‘‘(3) the term ‘highly restricted personal information’ 

30 means an individual’s photograph or image, social security 

31 number, medical or disability information; and 

32 ‘‘(4) the term ‘express consent’ means consent in writing, 

33 including consent conveyed electronically that bears an elec34 tronic signature as defined in section 106(5) of Public Law 

35 106–229. 


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1 ‘‘SUBCHAPTER E—IDENTITY THEFT 

‘‘Sec. 

‘‘1551. Obtaining information under false pretenses. 

‘‘1552. Unauthorized disclosures by officers or employees. 

‘‘1553. Definitions for subchapter. 

2 ‘‘§ 1551. Obtaining information under false pre3 tenses 

4 ‘‘Whoever knowingly obtains information on a consumer 

5 from a consumer reporting agency under false pretenses shall 

6 be imprisoned for not more than 2 years. 

7 ‘‘§ 1552. Unauthorized disclosures by officers or 

8 employees 

9 ‘‘Any officer or employee of a consumer reporting agency 

10 who knowingly provides information concerning an individual 

11 from the agency’s files to a person not authorized to receive 

12 that information shall be imprisoned for not more than 2 years. 

13 ‘‘§ 1553. Definitions for subchapter 

14 ‘‘A term defined in the Fair Credit Reporting Act shall have 

15 the same meaning when used in the subchapter. 

16 ‘‘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. 

17 ‘‘§ 2501. Forfeitable property 

18 ‘‘(a) DEFINITIONS.—As used in this chapter— 

19 ‘‘(1) the term ‘forfeitable property’ means any property, real 

20 or personal, tangible or intangible, that is— 

21 ‘‘(A) used or intended to be used to commit or facili22 tate the offense; 

23 ‘‘(B) constituting, derived from, or traceable to pro24 ceeds of the offense; or 

25 ‘‘(C) substitute assets for property described in sub26 paragraph (1) or (B); and 

27 ‘‘(2) the term ‘proceeds’ means all property obtained di28 rectly or indirectly from the offense. 


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1 ‘‘(b) SPECIAL RULE FOR TERRORIST OFFENSES.—In the 

2 case of an act of domestic or international terrorism, as defined 

3 in section 283, there shall be deemed to be involved in the of4 fense all assets, foreign and domestic— 

5 ‘‘(A) of any individual, entity, or organization en6 gaged in planning or perpetrating the act, and all as7 sets, foreign or domestic, affording any person a source 

8 of influence over any such entity or organization; 

9 ‘‘(B) acquired or maintained by any person with the 

10 intent and for the purpose of supporting, planning, 

11 conducting, or concealing the act; or 

12 ‘‘(C) derived from, involved in, or used or intended 

13 to be used to commit the act of domestic or inter14 national terrorism. 

15 ‘‘(c) SPECIAL RULE FOR COUNTERFEIT PARAPHERNALIA.— 

16 For the purposes of this chapter, the term ‘forfeitable property’ 

17 also includes any counterfeit of a coin, obligation, or security 

18 of the United States or of any foreign government or any mate19 rial or apparatus used or fitted or intended to be used, in the 

20 making of such a counterfeit, found in the possession of any 

21 person without authority from the Secretary of the Treasury or 

22 other proper officer. 

23 ‘‘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. 

24 ‘‘§ 2551. Offenses giving rise to civil forfeiture 

25 ‘‘(a) CRIMINALLY RELATED PROPERTY SUBJECT TO FOR26 FEITURE.—All right, title, and interest in forfeitable property 

27 relating to an offense described in subsection (b) shall vest in 

28 the United States upon commission of that offense. 

29 ‘‘(b) OFFENSES GIVING RISE TO CIVIL FORFEITURE.—The 

30 following offenses give rise to civil forfeiture under this section: 


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1 ‘‘(1) A violation of section 612, 614, 691–719, 773–775, 

2 779, 783, 786, 787, 789, 804, 851, 852, 862–865, or 1003 

3 or any offense constituting ‘specified unlawful activity’ (as 

4 defined in section 1451). 

5 ‘‘(2) An offense against a foreign nation, or any property 

6 used to facilitate such an offense, if the offense— 

7 ‘‘(A) involves the manufacture, importation, sale, or 

8 distribution of a controlled substance (as that term is 

9 defined for purposes of the controlled substances act), 

10 or any other conduct described in section 1451; 

11 ‘‘(B) would be punishable within the jurisdiction of 

12 the foreign nation by death or imprisonment for a term 

13 exceeding one year; and 

14 ‘‘(C) would be punishable under the laws of the 

15 United States by imprisonment for a term exceeding 

16 one year, if the conduct constituting the offense had oc17 curred within the jurisdiction of the United States. 

18 ‘‘(3) A violation of— 

19 ‘‘(A) section 654 (relating to Federal program 

20 fraud); 

21 ‘‘(B) section 772 (relating to fraud and false state22 ments); 

23 ‘‘(C) section 788 (relating to major fraud against the 

24 United States); 

25 ‘‘(D) section 789 (relating to concealment of assets 

26 from conservator or receiver of insured financial insti27 tution); 

28 ‘‘(E) section 801 (relating to mail fraud); or 

29 ‘‘(F) section 803 (relating to wire fraud), 

30 if such violation relates to the sale of assets acquired or 

31 held by the Resolution Trust Corporation, the Federal De32 posit Insurance Corporation, as conservator or receiver for 

33 a financial institution, or any other conservator for a finan34 cial institution appointed by the Office of the Comptroller 

35 of the Currency or the Office of Thrift Supervision or the 

36 National Credit Union Administration, as conservator or 

37 liquidating agent for a financial institution. 


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1 ‘‘(4) A violation of— 

2 ‘‘(A) section 718 (altering or removing motor vehicle 

3 identification numbers); 

4 ‘‘(B) section 866 (importing or exporting stolen 

5 motor vehicles); 

6 ‘‘(C) section 671 (transporting stolen motor vehicles 

7 in interstate commerce); or 

8 ‘‘(D) section 672 (possessing or selling a stolen 

9 motor vehicle that has moved in interstate commerce). 

10 ‘‘(5) Any act of domestic or international terrorism (as 

11 defined in section 283) against the United States, citizens 

12 or residents of the United States, or their property, against 

13 any international organization as defined in the State De14 partment Basic Authorites Act of 1956, or against any for15 eign government. 

16 ‘‘(6) A violation of section 280. 

17 ‘‘(7) A violation of 506 of title 17, or section 675, 676, 

18 678, 679, 680, or subcahpter C of chapter 35. 

19 ‘‘(c) APPLICATION TO OTHER CIVIL FORFEITURES.—Unless 

20 otherwise specified, whenever a law of the United States pro21 vides for civil forfeiture, this subchapter shall apply to that for22 feiture. 

23 ‘‘§ 2552. Procedure generally 

24 ‘‘(a) SEIZURE AND PRELIMINARY MATTERS.— 

25 ‘‘(1) Except as provided in section 2555, any property 

26 subject to forfeiture to the United States under section 

27 2551 may be seized by the Attorney General and, in the 

28 case of property involved in a violation investigated by the 

29 Secretary of the Treasury or the United States Postal 

30 Service, the property may also be seized by the Secretary 

31 of the Treasury or the Postal Service, respectively. 

32 ‘‘(2) Seizures under this section shall be made pursuant 

33 to a warrant obtained in the same manner as provided for 

34 a search warrant under the Federal Rules of Criminal Pro35 cedure, except that a seizure may be made without a war36 rant if— 


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1 ‘‘(A) a complaint for forfeiture has been filed in the 

2 United States district court and the court issued an arrest 

3 warrant in rem pursuant to the Supplemental Rules for 

4 Certain Admiralty and Maritime Claims; 

5 ‘‘(B) there is probable cause to believe that the property 

6 is subject to forfeiture and— 

7 ‘‘(i) the seizure is made pursuant to a lawful arrest 

8 or search; or 

9 ‘‘(ii) another exception to the Fourth Amendment 

10 warrant requirement would apply; or 

11 ‘‘(C) the property was lawfully seized by a State or local 

12 law enforcement agency and transferred to a Federal agen13 cy. 

14 ‘‘(3) Notwithstanding rule 41(a) of the Federal Rules of 

15 Criminal Procedure, a seizure warrant may be issued pur16 suant to this subsection by a judicial officer in any district 

17 in which a forfeiture action against the property may be 

18 filed under section 1355(b) of title 28, and may be exe19 cuted in any district in which the property is found, or 

20 transmitted to the central authority of any foreign state for 

21 service in accordance with any treaty or other international 

22 agreement. Any motion for the return of property seized 

23 under this section shall be filed in the district court in 

24 which the seizure warrant was issued or in the district 

25 court for the district in which the property was seized. 

26 ‘‘(4)(A) If any person is arrested or charged in a foreign 

27 country in connection with an offense that would give rise 

28 to the forfeiture of property in the United States under this 

29 section or under the Controlled Substances Act, the Attor30 ney General may apply to any Federal judge or magistrate 

31 judge in the district in which the property is located for an 

32 ex parte order restraining the property subject to forfeiture 

33 for not more than 30 days, except that the time may be 

34 extended for good cause shown at a hearing conducted in 

35 the manner provided in rule 43(e) of the Federal Rules of 

36 Civil Procedure. 


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1 ‘‘(B) The application for the restraining order shall set 

2 forth the nature and circumstances of the foreign charges 

3 and the basis for belief that the person arrested or charged 

4 has property in the United States that would be subject to 

5 forfeiture, and shall contain a statement that the restrain6 ing order is needed to preserve the availability of property 

7 for such time as is necessary to receive evidence from the 

8 foreign country or elsewhere in support of probable cause 

9 for the seizure of the property under this subsection. 

10 ‘‘(b) SECURING OF PROPERTY.—Property taken or detained 

11 under this section shall not be repleviable, but shall be deemed 

12 to be in the custody of the Attorney General, the Secretary of 

13 the Treasury, or the Postal Service, as the case may be, subject 

14 only to the orders and decrees of the court or the official hav15 ing jurisdiction thereof. Whenever property is seized under this 

16 subsection, the Attorney General, the Secretary of the Treas17 ury, or the Postal Service, as the case may be, may— 

18 ‘‘(1) place the property under seal; 

19 ‘‘(2) remove the property to a place designated by him; 

20 or 

21 ‘‘(3) require that the General Services Administration 

22 take custody of the property and remove it, if practicable, 

23 to an appropriate location for disposition in accordance 

24 with law. 

25 ‘‘(c) APPLICATION OF CUSTOMS LAWS.—For purposes of 

26 this section, the provisions of the customs laws relating to the 

27 seizure, summary and judicial forfeiture, condemnation of prop28 erty for violation of the customs laws, the disposition of such 

29 property or the proceeds from the sale of such property under 

30 this section, the remission or mitigation of such forfeitures, and 

31 the compromise of claims (19 U.S.C. 1602 et seq.), insofar as 

32 they are applicable and not inconsistent with the provisions of 

33 this section, shall apply to seizures and forfeitures incurred, or 

34 alleged to have been incurred, under this section, except that 

35 such duties as are imposed upon the customs officer or any 

36 other person with respect to the seizure and forfeiture of prop37 erty under the customs laws shall be performed with respect to 


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1 seizures and forfeitures of property under this section by such 

2 officers, agents, or other persons as may be authorized or des3 ignated for that purpose by the Attorney General, the Secretary 

4 of the Treasury, or the Postal Service, as the case may be. The 

5 Attorney General shall have sole responsibility for disposing of 

6 petitions for remission or mitigation with respect to property 

7 involved in a judicial forfeiture proceeding. 

8 ‘‘(d) RETENTION OR TRANSFER OF FORFEITED PROP9 ERTY.—Notwithstanding any other provision of the law, except 

10 section 3 of the Anti Drug Abuse Act of 1986, the Attorney 

11 General, the Secretary of the Treasury, or the Postal Service, 

12 as the case may be, is authorized to retain property forfeited 

13 pursuant to this section, or to transfer such property on such 

14 terms and conditions as the Attorney General may determine— 

15 ‘‘(1) to any other Federal agency; 

16 ‘‘(2) to any State or local law enforcement agency which 

17 participated directly in any of the acts which led to the sei18 zure or forfeiture of the property; 

19 ‘‘(3) in the case of property referred to in subsection 

20 (a)(1)(C), to any Federal financial institution regulatory 

21 agency— 

22 ‘‘(A) to reimburse the agency for payments to claim23 ants or creditors of the institution; and 

24 ‘‘(B) to reimburse the insurance fund of the agency 

25 for losses suffered by the fund as a result of the receiv26 ership or liquidation; 

27 ‘‘(4) in the case of property referred to in subsection 

28 (a)(1)(C), upon the order of the appropriate Federal finan29 cial institution regulatory agency, to the financial institu30 tion as restitution, with the value of the property so trans31 ferred to be set off against any amount later recovered by 

32 the financial institution as compensatory damages in any 

33 State or Federal proceeding; 

34 ‘‘(5) in the case of property referred to in subsection 

35 (a)(1)(C), to any Federal financial institution regulatory 

36 agency, to the extent of the agency’s contribution of re37 sources to, or expenses involved in, the seizure and forVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00634 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 feiture, and the investigation leading directly to the seizure 

2 and forfeiture, of such property; 

3 ‘‘(6) as restoration to any victim of the offense giving 

4 rise to the forfeiture, including, in the case of a money 

5 laundering offense, any offense constituting the underlying 

6 specified unlawful activity; or 

7 ‘‘(7) In the case of property referred to in subsection 

8 (a)(1)(D), to the Resolution Trust Corporation, the Federal 

9 Deposit Insurance Corporation, or any other Federal finan10 cial institution regulatory agency (as defined in section 

11 8(e)(7)(D) of the Federal Deposit Insurance Act). 

12 The Attorney General, the Secretary of the Treasury, or the 

13 Postal Service, as the case may be, shall ensure the equitable 

14 transfer pursuant to paragraph (2) of any forfeited property to 

15 the appropriate State or local law enforcement agency so as to 

16 reflect generally the contribution of any such agency partici17 pating directly in any of the acts which led to the seizure or 

18 forfeiture of such property. A decision by the Attorney General, 

19 the Secretary of the Treasury, or the Postal Service pursuant 

20 to paragraph (2) shall not be subject to review. The United 

21 States shall not be liable in any action arising out of the use 

22 of any property the custody of which was transferred pursuant 

23 to this section to any non-Federal agency. The Attorney Gen24 eral, the Secretary of the Treasury, or the Postal Service may 

25 order the discontinuance of any forfeiture proceedings under 

26 this section in favor of the institution of forfeiture proceedings 

27 by State or local authorities under an appropriate State or local 

28 statute. After the filing of a complaint for forfeiture under this 

29 section, the Attorney General may seek dismissal of the com30 plaint in favor of forfeiture proceedings under State or local 

31 law. Whenever forfeiture proceedings are discontinued by the 

32 United States in favor of State or local proceedings, the United 

33 States may transfer custody and possession of the seized prop34 erty to the appropriate State or local official immediately upon 

35 the initiation of the proper actions by such officials. Whenever 

36 forfeiture proceedings are discontinued by the United States in 

37 favor of State or local proceedings, notice shall be sent to all 


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1 known interested parties advising them of the discontinuance or 

2 dismissal. The United States shall not be liable in any action 

3 arising out of the seizure, detention, and transfer of seized 

4 property to State or local officials. The United States shall not 

5 be liable in any action arising out of a transfer under para6 graph (3), (4), or (5) of this subsection. 

7 ‘‘(e) STAYS.— 

8 ‘‘(1) Upon the motion of the United States, the court 

9 shall stay the civil forfeiture proceeding if the court deter10 mines that civil discovery will adversely affect the ability of 

11 the Government to conduct a related criminal investigation 

12 or the prosecution of a related criminal case. 

13 ‘‘(2) Upon the motion of a claimant, the court shall stay 

14 the civil forfeiture proceeding with respect to that claimant 

15 if the court determines that— 

16 ‘‘(A) the claimant is the subject of a related criminal 

17 investigation or case; 

18 ‘‘(B) the claimant has standing to assert a claim in 

19 the civil forfeiture proceeding; and 

20 ‘‘(C) continuation of the forfeiture proceeding will 

21 burden the right of the claimant against self-incrimina22 tion in the related investigation or case. 

23 ‘‘(3) With respect to the impact of civil discovery de24 scribed in paragraphs (1) and (2), the court may determine 

25 that a stay is unnecessary if a protective order limiting dis26 covery would protect the interest of one party without un27 fairly limiting the ability of the opposing party to pursue 

28 the civil case. In no case, however, shall the court impose 

29 a protective order as an alternative to a stay if the effect 

30 of such protective order would be to allow one party to pur31 sue discovery while the other party is substantially unable 

32 to do so. 

33 ‘‘(4) In this subsection, the terms ‘related criminal case’ 

34 and ‘related criminal investigation’ mean an actual prosecu35 tion or investigation in progress at the time at which the 

36 request for the stay, or any subsequent motion to lift the 

37 stay is made. In determining whether a criminal case or inVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00636 Fmt 6652 Sfmt 5422 E:\BILLS\H1772.IH H1772

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1 vestigation is ‘related’ to a civil forfeiture proceeding, the 

2 court shall consider the degree of similarity between the 

3 parties, witnesses, facts, and circumstances involved in the 

4 two proceedings, without requiring an identity with respect 

5 to any one or more factors. 

6 ‘‘(5) In requesting a stay under paragraph (1), the Gov7 ernment may, in appropriate cases, submit evidence ex 

8 parte in order to avoid disclosing any matter that may ad9 versely affect an ongoing criminal investigation or pending 

10 criminal trial. 

11 ‘‘(6) Whenever a civil forfeiture proceeding is stayed pur12 suant to this subsection, the court shall enter any order 

13 necessary to preserve the value of the property or to protect 

14 the rights of lienholders or other persons with an interest 

15 in the property while the stay is in effect. 

16 ‘‘(7) A determination by the court that the claimant has 

17 standing to request a stay pursuant to paragraph (2) shall 

18 apply only to this subsection and shall not preclude the 

19 Government from objecting to the standing of the claimant 

20 by dispositive motion or at the time of trial. 

21 ‘‘(f) VENUE.—In addition to the venue provided for in sec22 tion 1395 of title 28 or any other provision of law, in the case 

23 of property of a defendant charged with a violation that is the 

24 basis for forfeiture of the property under this section, a pro25 ceeding for forfeiture under this section may be brought in the 

26 judicial district in which the defendant owning such property 

27 is found or in the judicial district in which the criminal pros28 ecution is brought. 

29 ‘‘(g) DISPOSITION.— 

30 ‘‘(1) Whenever property is civilly or criminally forfeited 

31 under this subchapter, the Attorney General or the Sec32 retary of the Treasury, as the case may be, may transfer 

33 the forfeited personal property or the proceeds of the sale 

34 of any forfeited personal or real property to any foreign 

35 country which participated directly or indirectly in the sei36 zure or forfeiture of the property, if such a transfer— 

37 ‘‘(A) has been agreed to by the Secretary of State; 


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1 ‘‘(B) is authorized in an international agreement be2 tween the United States and the foreign country; and 

3 ‘‘(C) is made to a country which, if applicable, has 

4 been certified under section 481(h) of the Foreign As5 sistance Act of 1961. 

6 A decision by the Attorney General or the Secretary of the 

7 Treasury pursuant to this paragraph shall not be subject 

8 to review. The foreign country shall, in the event of a 

9 transfer of property or proceeds of sale of property under 

10 this subsection, bear all expenses incurred by the United 

11 States in the seizure, maintenance, inventory, storage, for12 feiture, and disposition of the property, and all transfer 

13 costs. The payment of all such expenses, and the transfer 

14 of assets pursuant to this paragraph, shall be upon such 

15 terms and conditions as the Attorney General or the Sec16 retary of the Treasury may, in his discretion, set. 

17 ‘‘(2) This section does not limit or supersede any other 

18 authority of the United States to provide assistance to a 

19 foreign country in obtaining property related to a crime 

20 committed in the foreign country, including property which 

21 is sought as evidence of a crime committed in the foreign 

22 country. 

23 ‘‘(3) A certified order or judgment of forfeiture by a 

24 court of competent jurisdiction of a foreign country con25 cerning property which is the subject of forfeiture under 

26 this section and was determined by such court to be the 

27 type of property described in subsection (a)(1)(B) of this 

28 section, and any certified recordings or transcripts of testi29 mony taken in a foreign judicial proceeding concerning 

30 such order or judgment of forfeiture, shall be admissible in 

31 evidence in a proceeding brought pursuant to this section. 

32 Such certified order or judgment of forfeiture, when admit33 ted into evidence, shall constitute probable cause that the 

34 property forfeited by such order or judgment of forfeiture 

35 is subject to forfeiture under this section and creates a re36 buttable presumption of the forfeitability of such property 

37 under this section. 


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1 ‘‘(4) A certified order or judgment of conviction by a 

2 court of competent jurisdiction of a foreign country con3 cerning an unlawful drug activity which gives rise to for4 feiture under this section and any certified recordings or 

5 transcripts of testimony taken in a foreign judicial pro6 ceeding concerning such order or judgment of conviction 

7 shall be admissible in evidence in a proceeding brought pur8 suant to this section. Such certified order or judgment of 

9 conviction, when admitted into evidence, creates a rebutta10 ble presumption that the unlawful drug activity giving rise 

11 to forfeiture under this section has occurred. 

12 ‘‘(5) Paragraphs (3) and (4) do not limit the admissi13 bility of any evidence otherwise admissible, or the ability of 

14 the United States to establish probable cause that property 

15 is subject to forfeiture by any evidence otherwise admis16 sible. 

17 ‘‘(h) DEFINITIONS.—As used in this section— 

18 ‘‘(1) the term ‘Attorney General’ means the Attorney 

19 General or his delegate; and 

20 ‘‘(2) the term ‘Secretary of the Treasury’ means the Sec21 retary of the Treasury or his delegate. 

22 ‘‘(i) INTERBANK ACCOUNTS.— 

23 ‘‘(1) IN GENERAL.— 

24 ‘‘(A) IN GENERAL.—For the purpose of a forfeiture 

25 under this section or under the Controlled Substances 

26 Act (21 U.S.C. 801 et seq.), if funds are deposited into 

27 an account at a foreign financial institution, and that 

28 foreign financial institution has an interbank account 

29 in the United States with a covered financial institution 

30 (as defined in section 5318(j)(1) of title 31), the funds 

31 shall be deemed to have been deposited into the inter32 bank account in the United States, and any restraining 

33 order, seizure warrant, or arrest warrant in rem re34 garding the funds may be served on the covered finan35 cial institution, and funds in the interbank account, up 

36 to the value of the funds deposited into the account at 


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1 the foreign financial institution, may be restrained, 

2 seized, or arrested. 

3 ‘‘(B) AUTHORITY TO SUSPEND.—The Attorney Gen4 eral, in consultation with the Secretary of the Treas5 ury, may suspend or terminate a forfeiture under this 

6 section if the Attorney General determines that a con7 flict of law exists between the laws of the jurisdiction 

8 in which the foreign financial institution is located and 

9 the laws of the United States with respect to liabilities 

10 arising from the restraint, seizure, or arrest of such 

11 funds, and that such suspension or termination would 

12 be in the interest of justice and would not harm the na13 tional interests of the United States. 

14 ‘‘(2) NO REQUIREMENT FOR GOVERNMENT TO TRACE

15 FUNDS.—If a forfeiture action is brought against funds 

16 that are restrained, seized, or arrested under paragraph 

17 (1), it shall not be necessary for the Government to estab18 lish that the funds are directly traceable to the funds that 

19 were deposited into the foreign financial institution, nor 

20 shall it be necessary for the Government to rely on the ap21 plication of section 2554. 

22 ‘‘(3) CLAIMS BROUGHT BY OWNER OF THE FUNDS.—If 

23 a forfeiture action is instituted against funds restrained, 

24 seized, or arrested under paragraph (1), the owner of the 

25 funds deposited into the account at the foreign financial in26 stitution may contest the forfeiture by filing a claim under 

27 section 2553. 

28 ‘‘(4) DEFINITIONS.—For purposes of this subsection, the 

29 following definitions shall apply: 

30 ‘‘(A) INTERBANK ACCOUNT.—The term ‘interbank 

31 account’ has the same meaning as in section 

32 2554(c)(2)(B). 

33 ‘‘(B) OWNER.— 

34 ‘‘(i) IN GENERAL.—Except as provided in clause 

35 (ii), the term ‘owner’— 

36 ‘‘(I) means the person who was the owner, as 

37 that term is defined in section 2553(d)(6), of 


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1 the funds that were deposited into the foreign 

2 financial institution at the time such funds 

3 were deposited; and 

4 ‘‘(II) does not include either the foreign fi5 nancial institution or any financial institution 

6 acting as an intermediary in the transfer of the 

7 funds into the interbank account. 

8 ‘‘(ii) EXCEPTION.—The foreign financial institu9 tion may be considered the ‘owner’ of the funds 

10 (and no other person shall qualify as the owner of 

11 such funds) only if— 

12 ‘‘(I) the basis for the forfeiture action is 

13 wrongdoing committed by the foreign financial 

14 institution; or 

15 ‘‘(II) the foreign financial institution estab16 lishes, by a preponderance of the evidence, that 

17 prior to the restraint, seizure, or arrest of the 

18 funds, the foreign financial institution had dis19 charged all or part of its obligation to the prior 

20 owner of the funds, in which case the foreign 

21 financial institution shall be deemed the owner 

22 of the funds to the extent of such discharged 

23 obligation. 

24 ‘‘(C) FOREIGN FINANCIAL INSTITUTION.—The term 

25 ‘foreign financial institution’ includes a foreign bank as 

26 defined in section 1(b)(7) of the International Banking 

27 Act of 1978. 

28 ‘‘§ 2553. General rules for civil forfeiture pro29 ceedings 

30 ‘‘(a) NOTICE; CLAIM; COMPLAINT.— 

31 ‘‘(1)(A)(i) Except as provided in clauses (ii) through (v), 

32 in any nonjudicial civil forfeiture proceeding under a civil 

33 forfeiture statute, with respect to which the Government is 

34 required to send written notice to interested parties, such 

35 notice shall be sent in a manner to achieve proper notice 

36 as soon as practicable, and in no case more than 60 days 

37 after the date of the seizure. 


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1 ‘‘(ii) No notice is required if, before the 60-day period 

2 expires, the Government files a civil judicial forfeiture ac3 tion against the property and provides notice of that action 

4 as required by law. 

5 ‘‘(iii) If, before the 60-day period expires, the Govern6 ment does not file a civil judicial forfeiture action, but does 

7 obtain a criminal indictment containing an allegation that 

8 the property is subject to forfeiture, the Government shall 

9 either— 

10 ‘‘(I) send notice within the 60 days and continue the 

11 nonjudicial civil forfeiture proceeding under this sec12 tion; or 

13 ‘‘(II) terminate the nonjudicial civil forfeiture pro14 ceeding, and take the steps necessary to preserve its 

15 right to maintain custody of the property as provided 

16 in the applicable criminal forfeiture statute. 

17 ‘‘(iv) In a case in which the property is seized by a State 

18 or local law enforcement agency and turned over to a Fed19 eral law enforcement agency for the purpose of forfeiture 

20 under Federal law, notice shall be sent not more than 90 

21 days after the date of seizure by the State or local law en22 forcement agency. 

23 ‘‘(v) If the identity or interest of a party is not deter24 mined until after the seizure or turnover but is determined 

25 before a declaration of forfeiture is entered, notice shall be 

26 sent to such interested party not later than 60 days after 

27 the determination by the Government of the identity of the 

28 party or the party’s interest. 

29 ‘‘(B) A supervisory official in the headquarters office of 

30 the seizing agency may extend the period for sending notice 

31 under subparagraph (A) for a period not to exceed 30 days 

32 (which period may not be further extended except by a 

33 court), if the official determines that the conditions in sub34 paragraph (D) are present. 

35 ‘‘(C) Upon motion by the Government, a court may ex36 tend the period for sending notice under subparagraph (A) 

37 for a period not to exceed 60 days, which period may be 


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1 further extended by the court for 60-day periods, as nec2 essary, if the court determines, based on a written certifi3 cation of a supervisory official in the headquarters office of 

4 the seizing agency, that the conditions in subparagraph (D) 

5 are present. 

6 ‘‘(D) The period for sending notice under this paragraph 

7 may be extended only if there is reason to believe that no8 tice may have an adverse result, including— 

9 ‘‘(i) endangering the life or physical safety of an in10 dividual; 

11 ‘‘(ii) flight from prosecution; 

12 ‘‘(iii) destruction of or tampering with evidence; 

13 ‘‘(iv) intimidation of potential witnesses; or 

14 ‘‘(v) otherwise seriously jeopardizing an investigation 

15 or unduly delaying a trial. 

16 ‘‘(E) Each of the Federal seizing agencies conducting 

17 nonjudicial forfeitures under this section shall report peri18 odically to the Committees on the Judiciary of the House 

19 of Representatives and the Senate the number of occasions 

20 when an extension of time is granted under subparagraph 

21 (B). 

22 ‘‘(F) If the Government does not send notice of a seizure 

23 of property in accordance with subparagraph (A) to the 

24 person from whom the property was seized, and no exten25 sion of time is granted, the Government shall return the 

26 property to that person without prejudice to the right of 

27 the Government to commence a forfeiture proceeding at a 

28 later time. The Government shall not be required to return 

29 contraband or other property that the person from whom 

30 the property was seized may not legally possess. 

31 ‘‘(2)(A) Any person claiming property seized in a non32 judicial civil forfeiture proceeding under a civil forfeiture 

33 statute may file a claim with the appropriate official after 

34 the seizure. 

35 ‘‘(B) A claim under subparagraph (A) may be filed not 

36 later than the deadline set forth in a personal notice letter 

37 (which deadline may be not earlier than 35 days after the 


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1 date the letter is mailed), except that if that letter is not 

2 received, then a claim may be filed not later than 30 days 

3 after the date of final publication of notice of seizure. 

4 ‘‘(C) A claim shall— 

5 ‘‘(i) identify the specific property being claimed; 

6 ‘‘(ii) state the claimant’s interest in such property; 

7 and 

8 ‘‘(iii) be made under oath, subject to penalty of per9 jury. 

10 ‘‘(D) A claim need not be made in any particular form. 

11 Each Federal agency conducting nonjudicial forfeitures 

12 under this section shall make claim forms generally avail13 able on request, which forms shall be written in easily un14 derstandable language. 

15 ‘‘(E) Any person may make a claim under subparagraph 

16 (A) without posting bond with respect to the property 

17 which is the subject of the claim. 

18 ‘‘(3)(A) Not later than 90 days after a claim has been 

19 filed, the Government shall file a complaint for forfeiture 

20 in the manner set forth in the Supplemental Rules for Cer21 tain Admiralty and Maritime Claims or return the property 

22 pending the filing of a complaint, except that a court in the 

23 district in which the complaint will be filed may extend the 

24 period for filing a complaint for good cause shown or upon 

25 agreement of the parties. 

26 ‘‘(B) If the Government does not— 

27 ‘‘(i) file a complaint for forfeiture or return the prop28 erty, in accordance with subparagraph (A); or 

29 ‘‘(ii) before the time for filing a complaint has ex30 pired— 

31 ‘‘(I) obtain a criminal indictment containing an 

32 allegation that the property is subject to forfeiture; 

33 and 

34 ‘‘(II) take the steps necessary to preserve its 

35 right to maintain custody of the property as pro36 vided in the applicable criminal forfeiture statute, 


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1 the Government shall promptly release the property pursu2 ant to regulations promulgated by the Attorney General, 

3 and may not take any further action to effect the civil for4 feiture of such property in connection with the underlying 

5 offense. 

6 ‘‘(C) In lieu of, or in addition to, filing a civil forfeiture 

7 complaint, the Government may include a forfeiture allega8 tion in a criminal indictment. If criminal forfeiture is the 

9 only forfeiture proceeding commenced by the Government, 

10 the Government’s right to continued possession of the prop11 erty shall be governed by the applicable criminal forfeiture 

12 statute. 

13 ‘‘(D) No complaint may be dismissed on the ground that 

14 the Government did not have adequate evidence at the time 

15 the complaint was filed to establish the forfeitability of the 

16 property. 

17 ‘‘(4)(A) In any case in which the Government files in the 

18 appropriate United States district court a complaint for 

19 forfeiture of property, any person claiming an interest in 

20 the seized property may file a claim asserting such person’s 

21 interest in the property in the manner set forth in the Sup22 plemental Rules for Certain Admiralty and Maritime 

23 Claims, except that such claim may be filed not later than 

24 30 days after the date of service of the Government’s com25 plaint or, as applicable, not later than 30 days after the 

26 date of final publication of notice of the filing of the com27 plaint. 

28 ‘‘(B) A person asserting an interest in seized property, 

29 in accordance with subparagraph (A), shall file an answer 

30 to the Government’s complaint for forfeiture not later than 

31 20 days after the date of the filing of the claim. 

32 ‘‘(b) REPRESENTATION.— 

33 ‘‘(1)(A) If a person with standing to contest the for34 feiture of property in a judicial civil forfeiture proceeding 

35 under a civil forfeiture statute is financially unable to ob36 tain representation by counsel, and the person is rep37 resented by counsel appointed under section 3006A of this 


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1 title in connection with a related criminal case, the court 

2 may authorize counsel to represent that person with respect 

3 to the claim. 

4 ‘‘(B) In determining whether to authorize counsel to rep5 resent a person under subparagraph (A), the court shall 

6 take into account such factors as— 

7 ‘‘(i) the person’s standing to contest the forfeiture; 

8 and 

9 ‘‘(ii) whether the claim appears to be made in good 

10 faith. 

11 ‘‘(2)(A) If a person with standing to contest the for12 feiture of property in a judicial civil forfeiture proceeding 

13 under a civil forfeiture statute is financially unable to ob14 tain representation by counsel, and the property subject to 

15 forfeiture is real property that is being used by the person 

16 as a primary residence, the court, at the request of the per17 son, shall insure that the person is represented by an attor18 ney for the Legal Services Corporation with respect to the 

19 claim. 

20 ‘‘(B)(i) At appropriate times during a representation 

21 under subparagraph (A), the Legal Services Corporation 

22 shall submit a statement of reasonable attorney fees and 

23 costs to the court. 

24 ‘‘(ii) The court shall enter a judgment in favor of the 

25 Legal Services Corporation for reasonable attorney fees and 

26 costs submitted pursuant to clause (i) and treat such judg27 ment as payable under section 2465 of title 28, regardless 

28 of the outcome of the case. 

29 ‘‘(3) The court shall set the compensation for representa30 tion under this subsection, which shall be equivalent to that 

31 provided for court-appointed representation under section 

32 3006A of this title. 

33 ‘‘(c) BURDEN OF PROOF.—In a suit or action brought under 

34 any civil forfeiture statute for the civil forfeiture of any prop35 erty— 


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1 ‘‘(1) the burden of proof is on the Government to estab2 lish, by a preponderance of the evidence, that the property 

3 is subject to forfeiture; 

4 ‘‘(2) the Government may use evidence gathered after 

5 the filing of a complaint for forfeiture to establish, by a 

6 preponderance of the evidence, that property is subject to 

7 forfeiture; and 

8 ‘‘(3) if the Government’s theory of forfeiture is that the 

9 property was used to commit or facilitate the commission 

10 of a criminal offense, or was involved in the commission of 

11 a criminal offense, the Government shall establish that 

12 there was a substantial connection between the property 

13 and the offense. 

14 ‘‘(d) INNOCENT OWNER DEFENSE.— 

15 ‘‘(1) An innocent owner’s interest in property shall not 

16 be forfeited under any civil forfeiture statute. The claimant 

17 shall have the burden of proving that the claimant is an in18 nocent owner by a preponderance of the evidence. 

19 ‘‘(2)(A) With respect to a property interest in existence 

20 at the time the illegal conduct giving rise to forfeiture took 

21 place, the term ‘innocent owner’ means an owner who— 

22 ‘‘(i) did not know of the conduct giving rise to for23 feiture; or 

24 ‘‘(ii) upon learning of the conduct giving rise to the 

25 forfeiture, did all that reasonably could be expected 

26 under the circumstances to terminate such use of the 

27 property. 

28 ‘‘(B)(i) For the purposes of this paragraph, ways in 

29 which a person may show that such person did all that rea30 sonably could be expected may include demonstrating that 

31 such person, to the extent permitted by law— 

32 ‘‘(I) gave timely notice to an appropriate law en33 forcement agency of information that led the person to 

34 know the conduct giving rise to a forfeiture would 

35 occur or has occurred; and 

36 ‘‘(II) in a timely fashion revoked or made a good 

37 faith attempt to revoke permission for those engaging 


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1 in such conduct to use the property or took reasonable 

2 actions in consultation with a law enforcement agency 

3 to discourage or prevent the illegal use of the property. 

4 ‘‘(ii) A person is not required by this subparagraph to 

5 take steps that the person reasonably believes would be 

6 likely to subject any person (other than the person whose 

7 conduct gave rise to the forfeiture) to physical danger. 

8 ‘‘(3)(A) With respect to a property interest acquired 

9 after the conduct giving rise to the forfeiture has taken 

10 place, the term ‘innocent owner’ means a person who, at 

11 the time that person acquired the interest in the prop12 erty— 

13 ‘‘(i) was a bona fide purchaser or seller for value (in14 cluding a purchaser or seller of goods or services for 

15 value); and 

16 ‘‘(ii) did not know and was reasonably without cause 

17 to believe that the property was subject to forfeiture. 

18 ‘‘(B) An otherwise valid claim under subparagraph (A) 

19 shall not be denied on the ground that the claimant gave 

20 nothing of value in exchange for the property if— 

21 ‘‘(i) the property is the primary residence of the 

22 claimant; 

23 ‘‘(ii) depriving the claimant of the property would de24 prive the claimant of the means to maintain reasonable 

25 shelter in the community for the claimant and all de26 pendents residing with the claimant; 

27 ‘‘(iii) the property is not, and is not traceable to, the 

28 proceeds of any criminal offense; and 

29 ‘‘(iv) the claimant acquired his or her interest in the 

30 property through marriage, divorce, or legal separation, 

31 or the claimant was the spouse or legal dependent of 

32 a person whose death resulted in the transfer of the 

33 property to the claimant through inheritance or pro34 bate, 

35 except that the court shall limit the value of any real prop36 erty interest for which innocent ownership is recognized 

37 under this subparagraph to the value necessary to maintain 


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1 reasonable shelter in the community for such claimant and 

2 all dependents residing with the claimant. 

3 ‘‘(4) Notwithstanding any provision of this subsection, no 

4 person may assert an ownership interest under this sub5 section in contraband or other property that it is illegal to 

6 possess. 

7 ‘‘(5) If the court determines, in accordance with this sec8 tion, that an innocent owner has a partial interest in prop9 erty otherwise subject to forfeiture, or a joint tenancy or 

10 tenancy by the entirety in such property, the court may 

11 enter an appropriate order— 

12 ‘‘(A) severing the property; 

13 ‘‘(B) transferring the property to the Government 

14 with a provision that the Government compensate the 

15 innocent owner to the extent of his or her ownership 

16 interest once a final order of forfeiture has been en17 tered and the property has been reduced to liquid as18 sets; or 

19 ‘‘(C) permitting the innocent owner to retain the 

20 property subject to a lien in favor of the Government 

21 to the extent of the forfeitable interest in the property. 

22 ‘‘(6) In this subsection, the term ‘owner’— 

23 ‘‘(A) means a person with an ownership interest in 

24 the specific property sought to be forfeited, including a 

25 leasehold, lien, mortgage, recorded security interest, or 

26 valid assignment of an ownership interest; and 

27 ‘‘(B) does not include— 

28 ‘‘(i) a person with only a general unsecured in29 terest in, or claim against, the property or estate 

30 of another; 

31 ‘‘(ii) a bailee unless the bailor is identified and 

32 the bailee shows a colorable legitimate interest in 

33 the property seized; or 

34 ‘‘(iii) a nominee who exercises no dominion or 

35 control over the property. 

36 ‘‘(e) MOTION TO SET ASIDE FORFEITURE.— 


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1 ‘‘(1) Any person entitled to written notice in any non2 judicial civil forfeiture proceeding under a civil forfeiture 

3 statute who does not receive such notice may file a motion 

4 to set aside a declaration of forfeiture with respect to that 

5 person’s interest in the property, which motion shall be 

6 granted if— 

7 ‘‘(A) the Government knew, or reasonably should 

8 have known, of the moving party’s interest and failed 

9 to take reasonable steps to provide such party with no10 tice; and 

11 ‘‘(B) the moving party did not know or have reason 

12 to know of the seizure within sufficient time to file a 

13 timely claim. 

14 ‘‘(2)(A) Notwithstanding the expiration of any applicable 

15 statute of limitations, if the court grants a motion under 

16 paragraph (1), the court shall set aside the declaration of 

17 forfeiture as to the interest of the moving party without 

18 prejudice to the right of the Government to commence a 

19 subsequent forfeiture proceeding as to the interest of the 

20 moving party. 

21 ‘‘(B) Any proceeding described in subparagraph (A) shall 

22 be commenced— 

23 ‘‘(i) if nonjudicial, within 60 days of the entry of the 

24 order granting the motion; or 

25 ‘‘(ii) if judicial, within 6 months of the entry of the 

26 order granting the motion. 

27 ‘‘(3) A motion under paragraph (1) may be filed not 

28 later than 5 years after the date of final publication of no29 tice of seizure of the property. 

30 ‘‘(4) If, at the time a motion made under paragraph (1) 

31 is granted, the forfeited property has been disposed of by 

32 the Government in accordance with law, the Government 

33 may institute proceedings against a substitute sum of 

34 money equal to the value of the moving party’s interest in 

35 the property at the time the property was disposed of. 


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1 ‘‘(5) A motion filed under this subsection shall be the ex2 clusive remedy for seeking to set aside a declaration of for3 feiture under a civil forfeiture statute. 

4 ‘‘(f) RELEASE OF SEIZED PROPERTY.— 

5 ‘‘(1) A claimant under subsection (a) is entitled to imme6 diate release of seized property if— 

7 ‘‘(A) the claimant has a possessory interest in the 

8 property; 

9 ‘‘(B) the claimant has sufficient ties to the commu10 nity to provide assurance that the property will be 

11 available at the time of the trial; 

12 ‘‘(C) the continued possession by the Government 

13 pending the final disposition of forfeiture proceedings 

14 will cause substantial hardship to the claimant, such as 

15 preventing the functioning of a business, preventing an 

16 individual from working, or leaving an individual home17 less; 

18 ‘‘(D) the claimant’s likely hardship from the contin19 ued possession by the Government of the seized prop20 erty outweighs the risk that the property will be de21 stroyed, damaged, lost, concealed, or transferred if it is 

22 returned to the claimant during the pendency of the 

23 proceeding; and 

24 ‘‘(E) none of the conditions set forth in paragraph 

25 (8) applies. 

26 ‘‘(2) A claimant seeking release of property under this 

27 subsection must request possession of the property from 

28 the appropriate official, and the request must set forth the 

29 basis on which the requirements of paragraph (1) are met. 

30 ‘‘(3)(A) If not later than 15 days after the date of a re31 quest under paragraph (2) the property has not been re32 leased, the claimant may file a petition in the district court 

33 in which the complaint has been filed or, if no complaint 

34 has been filed, in the district court in which the seizure 

35 warrant was issued or in the district court for the district 

36 in which the property was seized. 


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1 ‘‘(B) The petition described in subparagraph (A) shall 

2 set forth— 

3 ‘‘(i) the basis on which the requirements of para4 graph (1) are met; and 

5 ‘‘(ii) the steps the claimant has taken to secure re6 lease of the property from the appropriate official. 

7 ‘‘(4) If the Government establishes that the claimant’s 

8 claim is frivolous, the court shall deny the petition. In re9 sponding to a petition under this subsection on other 

10 grounds, the Government may in appropriate cases submit 

11 evidence ex parte in order to avoid disclosing any matter 

12 that may adversely affect an ongoing criminal investigation 

13 or pending criminal trial. 

14 ‘‘(5) The court shall render a decision on a petition filed 

15 under paragraph (3) not later than 30 days after the date 

16 of the filing, unless such 30-day limitation is extended by 

17 consent of the parties or by the court for good cause 

18 shown. 

19 ‘‘(6) If— 

20 ‘‘(A) a petition is filed under paragraph (3); and 

21 ‘‘(B) the claimant demonstrates that the require22 ments of paragraph (1) have been met, 

23 the district court shall order that the property be returned 

24 to the claimant, pending completion of proceedings by the 

25 Government to obtain forfeiture of the property. 

26 ‘‘(7) If the court grants a petition under paragraph 

27 (3)— 

28 ‘‘(A) the court may enter any order necessary to en29 sure that the value of the property is maintained while 

30 the forfeiture action is pending, including— 

31 ‘‘(i) permitting the inspection, photographing, 

32 and inventory of the property; 

33 ‘‘(ii) fixing a bond in accordance with rule E(5) 

34 of the Supplemental Rules for Certain Admiralty 

35 and Maritime Claims; and 

36 ‘‘(iii) requiring the claimant to obtain or main37 tain insurance on the subject property; and 


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1 ‘‘(B) the Government may place a lien against the 

2 property or file a lis pendens to ensure that the prop3 erty is not transferred to another person. 

4 ‘‘(8) This subsection shall not apply if the seized prop5 erty— 

6 ‘‘(A) is contraband, currency, or other monetary in7 strument, or electronic funds unless such currency or 

8 other monetary instrument or electronic funds con9 stitutes the assets of a legitimate business which has 

10 been seized; 

11 ‘‘(B) is to be used as evidence of a violation of the 

12 law; 

13 ‘‘(C) by reason of design or other characteristic, is 

14 particularly suited for use in illegal activities; or 

15 ‘‘(D) is likely to be used to commit additional crimi16 nal acts if returned to the claimant. 

17 ‘‘(g) PROPORTIONALITY.— 

18 ‘‘(1) The claimant under subsection (a)(4) may petition 

19 the court to determine whether the forfeiture was constitu20 tionally excessive. 

21 ‘‘(2) In making this determination, the court shall com22 pare the forfeiture to the gravity of the offense giving rise 

23 to the forfeiture. 

24 ‘‘(3) The claimant shall have the burden of establishing 

25 that the forfeiture is grossly disproportional by a prepon26 derance of the evidence at a hearing conducted by the court 

27 without a jury. 

28 ‘‘(4) If the court finds that the forfeiture is grossly dis29 proportional to the offense it shall reduce or eliminate the 

30 forfeiture as necessary to avoid a violation of the Excessive 

31 Fines Clause of the Eighth Amendment of the Constitu32 tion. 

33 ‘‘(h) CIVIL FINE.— 

34 ‘‘(1) In any civil forfeiture proceeding under a civil for35 feiture statute in which the Government prevails, if the 

36 court finds that the claimant’s assertion of an interest in 

37 the property was frivolous, the court may impose a civil 


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1 fine on the claimant of an amount equal to 10 percent of 

2 the value of the forfeited property, but in no event shall the 

3 fine be less than $250 or greater than $5,000. 

4 ‘‘(2) Any civil fine imposed under this subsection shall 

5 not preclude the court from imposing sanctions under rule 

6 11 of the Federal Rules of Civil Procedure. 

7 ‘‘(3) In addition to the limitations of section 1915 of title 

8 28, in no event shall a prisoner file a claim under a civil 

9 forfeiture statute or appeal a judgment in a civil action or 

10 proceeding based on a civil forfeiture statute if the prisoner 

11 has, on three or more prior occasions, while incarcerated or 

12 detained in any facility, brought an action or appeal in a 

13 court of the United States that was dismissed on the 

14 grounds that it is frivolous or malicious, unless the prisoner 

15 shows extraordinary and exceptional circumstances. 

16 ‘‘(i) CIVIL FORFEITURE STATUTE DEFINED.—In this sec17 tion, the term ‘civil forfeiture statute’— 

18 ‘‘(1) means any provision of Federal law providing for 

19 the forfeiture of property other than as a sentence imposed 

20 upon conviction of a criminal offense; and 

21 ‘‘(2) does not include— 

22 ‘‘(A) the Tariff Act of 1930 or any other provision 

23 of law codified in title 19; 

24 ‘‘(B) the Internal Revenue Code of 1986; 

25 ‘‘(C) the Federal Food, Drug, and Cosmetic Act (21 

26 U.S.C. 301 et seq.); 

27 ‘‘(D) the Trading with the Enemy Act (50 U.S.C. 

28 App. 1 et seq.) or the International Emergency Eco29 nomic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.); 

30 or 

31 ‘‘(E) section 1 of title VI of the Act of June 15, 

32 1917 (40 Stat. 233; 22 U.S.C. 401). 

33 ‘‘(j) RESTRAINING ORDERS; PROTECTIVE ORDERS.— 

34 ‘‘(1) Upon application of the United States, the court 

35 may enter a restraining order or injunction, require the 

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1 countants, or trustees, or take any other action to seize, se2 cure, maintain, or preserve the availability of property sub3 ject to civil forfeiture— 

4 ‘‘(A) upon the filing of a civil forfeiture complaint al5 leging that the property with respect to which the order 

6 is sought is subject to civil forfeiture; or 

7 ‘‘(B) prior to the filing of such a complaint, if, after 

8 notice to persons appearing to have an interest in the 

9 property and opportunity for a hearing, the court de10 termines that— 

11 ‘‘(i) there is a substantial probability that the 

12 United States will prevail on the issue of forfeiture 

13 and that failure to enter the order will result in the 

14 property being destroyed, removed from the juris15 diction of the court, or otherwise made unavailable 

16 for forfeiture; and 

17 ‘‘(ii) the need to preserve the availability of the 

18 property through the entry of the requested order 

19 outweighs the hardship on any party against whom 

20 the order is to be entered. 

21 ‘‘(2) An order entered pursuant to paragraph (1)(B) 

22 shall be effective for not more than 90 days, unless ex23 tended by the court for good cause shown, or unless a com24 plaint described in paragraph (1)(A) has been filed. 

25 ‘‘(3) A temporary restraining order under this subsection 

26 may be entered upon application of the United States with27 out notice or opportunity for a hearing when a complaint 

28 has not yet been filed with respect to the property, if the 

29 United States demonstrates that there is probable cause to 

30 believe that the property with respect to which the order 

31 is sought is subject to civil forfeiture and that provision of 

32 notice will jeopardize the availability of the property for 

33 forfeiture. Such a temporary order shall expire not more 

34 than 10 days after the date on which it is entered, unless 

35 extended for good cause shown or unless the party against 

36 whom it is entered consents to an extension for a longer 

37 period. A hearing requested concerning an order entered 


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1 under this paragraph shall be held at the earliest possible 

2 time and prior to the expiration of the temporary order. 

3 ‘‘(4) The court may receive and consider, at a hearing 

4 held pursuant to this subsection, evidence and information 

5 that would be inadmissible under the Federal Rules of Evi6 dence. 

7 ‘‘§ 2554. Civil forfeiture of fungible property 

8 ‘‘(a) GENERALLY.— 

9 ‘‘(1) In any forfeiture action in rem in which the subject 

10 property is cash, monetary instruments in bearer form, 

11 funds deposited in an account in a financial institution or 

12 precious metals— 

13 ‘‘(A) it shall not be necessary for the Government to 

14 identify the specific property involved in the offense 

15 that is the basis for the forfeiture; and 

16 ‘‘(B) it shall not be a defense that the property in17 volved in such an offense has been removed and re18 placed by identical property. 

19 ‘‘(2) Except as provided in subsection (b), any identical prop20 erty found in the same place or account as the property in21 volved in the offense that is the basis for the forfeiture shall 

22 be subject to forfeiture under this section. 

23 ‘‘(b) LIMITATION.—No action pursuant to this section to for24 feit property not traceable directly to the offense that is the 

25 basis for the forfeiture may be commenced more than 1 year 

26 from the date of the offense. 

27 ‘‘(c) EXCEPTION.— 

28 ‘‘(1) Subsection (a) does not apply to an action against 

29 funds held by a financial institution in an interbank ac30 count unless the account holder knowingly engaged in the 

31 offense that is the basis for the forfeiture. 

32 ‘‘(2) In this subsection— 

33 ‘‘(A) the term ‘financial institution’ includes a for34 eign bank (as defined in section 1(b)(7) of the Inter35 national Banking Act of 1978 (12 U.S.C. 3101(b)(7)); 

36 and 


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1 ‘‘(B) the term ‘interbank account’ means an account 

2 held by one financial institution at another financial in3 stitution primarily for the purpose of facilitating cus4 tomer transactions. 

5 ‘‘(d) DISCLAIMER.—Nothing in this section limits the ability 

6 of the Government to forfeit property under any provision of 

7 law if the property involved in the offense giving rise to the for8 feiture or property traceable thereto is available for forfeiture. 

9 ‘‘§ 2555. Civil forfeiture of real property 

10 ‘‘(a) JUDICIAL FORFEITURES.—Notwithstanding any other 

11 provision of law, all civil forfeitures of real property and inter12 ests in real property shall proceed as judicial forfeitures. 

13 ‘‘(b) PRELIMINARY MATTERS.— 

14 ‘‘(1) Except as provided in this section— 

15 ‘‘(A) real property that is the subject of a civil for16 feiture action shall not be seized before entry of an 

17 order of forfeiture; and 

18 ‘‘(B) the owners or occupants of the real property 

19 shall not be evicted from, or otherwise deprived of the 

20 use and enjoyment of, real property that is the subject 

21 of a pending forfeiture action. 

22 ‘‘(2) The filing of a lis pendens and the execution of a 

23 writ of entry for the purpose of conducting an inspection 

24 and inventory of the property shall not be considered a sei25 zure under this subsection. 

26 ‘‘(c) INITIATION.— 

27 ‘‘(1) The Government shall initiate a civil forfeiture ac28 tion against real property by— 

29 ‘‘(A) filing a complaint for forfeiture; 

30 ‘‘(B) posting a notice of the complaint on the prop31 erty; and 

32 ‘‘(C) serving notice on the property owner, along 

33 with a copy of the complaint. 

34 ‘‘(2) If the property owner cannot be served with the no35 tice under paragraph (1) because the owner— 

36 ‘‘(A) is a fugitive; 


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1 ‘‘(B) resides outside the United States and efforts at 

2 service pursuant to rule 4 of the Federal Rules of Civil 

3 Procedure are unavailing; or 

4 ‘‘(C) cannot be located despite the exercise of due 

5 diligence, 

6 constructive service may be made in accordance with the 

7 laws of the State in which the property is located. 

8 ‘‘(3) If real property has been posted in accordance with 

9 this subsection, it shall not be necessary for the court to 

10 issue an arrest warrant in rem, or to take any other action 

11 to establish in rem jurisdiction over the property. 

12 ‘‘(d) SEIZURE PRIOR TO ENTRY OF ORDER.— 

13 ‘‘(1) Real property may be seized prior to the entry of 

14 an order of forfeiture if— 

15 ‘‘(A) the Government notifies the court that it in16 tends to seize the property before trial; and 

17 ‘‘(B) the court— 

18 ‘‘(i) issues a notice of application for warrant, 

19 causes the notice to be served on the property 

20 owner and posted on the property, and conducts a 

21 hearing in which the property owner has a mean22 ingful opportunity to be heard; or 

23 ‘‘(ii) makes an ex parte determination that there 

24 is probable cause for the forfeiture and that there 

25 are exigent circumstances that permit the Govern26 ment to seize the property without prior notice and 

27 an opportunity for the property owner to be heard. 

28 ‘‘(2) For purposes of paragraph (1)(B)(ii), to establish 

29 exigent circumstances, the Government shall show that less 

30 restrictive measures such as a lis pendens, restraining 

31 order, or bond would not suffice to protect the Govern32 ment’s interests in preventing the sale, destruction, or con33 tinued unlawful use of the real property. 

34 ‘‘(e) POST-SEIZURE HEARING.—If the court authorizes a sei35 zure of real property under subsection (d)(1)(B)(ii), it shall 

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1 erty owner shall have an opportunity to contest the basis for 

2 the seizure. 

3 ‘‘(f) APPLICATION.—This section— 

4 ‘‘(1) applies only to civil forfeitures of real property and 

5 interests in real property; 

6 ‘‘(2) does not apply to forfeitures of the proceeds of the 

7 sale of such property or interests, or of money or other as8 sets intended to be used to acquire such property or inter9 ests; and 

10 ‘‘(3) shall not affect the authority of the court to enter 

11 a restraining order relating to real property. 

12 ‘‘§ 2556. Subpoenas for bank records 

13 ‘‘(a) IN GENERAL.—At any time after the commencement of 

14 any action for forfeiture in rem brought by the United States 

15 under section 1451, 1452, and 508 of this title, section 5322 

16 or 5324 of title 31, or the Controlled Substances Act, any 

17 party may request the Clerk of the Court in the district in 

18 which the proceeding is pending to issue a subpoena duces 

19 tecum to any financial institution, as defined in section 5312(a) 

20 of title 31, to produce books, records and any other documents 

21 at any place designated by the requesting party. All parties to 

22 the proceeding shall be notified of the issuance of any such sub23 poena. The procedures and limitations set forth in section 2555 

24 of this title shall apply to subpoenas issued under this section. 

25 ‘‘(b) SERVICE.—Service of a subpoena issued pursuant to 

26 this section shall be by certified mail. Records produced in re27 sponse to such a subpoena may be produced in person or by 

28 mail, common carrier, or such other method as may be agreed 

29 upon by the party requesting the subpoena and the custodian 

30 of records. The party requesting the subpoena may require the 

31 custodian of records to submit an affidavit certifying the au32 thenticity and completeness of the records and explaining the 

33 omission of any record called for in the subpoena. 

34 ‘‘(c) DISCOVERY.—Nothing in this section shall preclude any 

35 party from pursuing any form of discovery pursuant to the 

36 Federal Rules of Civil Procedure. 


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1 ‘‘(d) ACCESS TO RECORDS IN BANK SECRECY JURISDIC2 TIONS.— 

3 ‘‘(1) IN GENERAL.—In any civil forfeiture case, or in any 

4 ancillary proceeding in any criminal forfeiture case gov5 erned by section 413(n) of the Controlled Substances Act 

6 (21 U.S.C. 853(n)), in which— 

7 ‘‘(A) financial records located in a foreign country 

8 may be material— 

9 ‘‘(i) to any claim or to the ability of the Govern10 ment to respond to such claim; or 

11 ‘‘(ii) in a civil forfeiture case, to the ability of the 

12 Government to establish the forfeitability of the 

13 property; and 

14 ‘‘(B) it is within the capacity of the claimant to 

15 waive the claimant’s rights under applicable financial 

16 secrecy laws, or to obtain the records so that such 

17 records can be made available notwithstanding such se18 crecy laws, 

19 the refusal of the claimant to provide the records in re20 sponse to a discovery request or to take the action nec21 essary otherwise to make the records available shall be 

22 grounds for judicial sanctions, up to and including dis23 missal of the claim with prejudice. 

24 ‘‘(2) PRIVILEGE.—This subsection shall not affect the 

25 right of the claimant to refuse production on the basis of 

26 any privilege guaranteed by the Constitution of the United 

27 States or any other provision of Federal law. 

28 ‘‘§ 2557. Anti-terrorist forfeiture protection 

29 ‘‘(a) RIGHT TO CONTEST.—An owner of property that is 

30 confiscated under any provision of law relating to the confisca31 tion of assets of suspected international terrorists, may contest 

32 that confiscation by filing a claim in the manner set forth in 

33 the Federal Rules of Civil Procedure (Supplemental Rules for 

34 Certain Admiralty and Maritime Claims), and asserting as an 

35 affirmative defense that— 

36 ‘‘(1) the property is not subject to confiscation under 

37 such provision of law; or 


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1 ‘‘(2) the innocent owner provisions of section 2553(d) 

2 apply to the case. 

3 ‘‘(b) EVIDENCE.—In considering a claim filed under this sec4 tion, a court may admit evidence that is otherwise inadmissible 

5 under the Federal Rules of Evidence, if the court determines 

6 that the evidence is reliable, and that compliance with the Fed7 eral Rules of Evidence may jeopardize the national security in8 terests of the United States. 

9 ‘‘(c) CLARIFICATIONS.— 

10 ‘‘(1) PROTECTION OF RIGHTS.—The exclusion of certain 

11 provisions of Federal law from the definition of the term 

12 ‘civil forfeiture statute’ in section 2553(i) shall not be con13 strued to deny an owner of property the right to contest 

14 the confiscation of assets of suspected international terror15 ists under— 

16 ‘‘(A) subsection (a) of this section; 

17 ‘‘(B) the Constitution; or 

18 ‘‘(C) subchapter II of chapter 5 of title 5 (commonly 

19 known as the ‘Administrative Procedure Act’). 

20 ‘‘(2) SAVINGS CLAUSE.—Nothing in this section shall 

21 limit or otherwise affect any other remedies that may be 

22 available to an owner of property under section 2553 or 

23 any other provision of law. 

24 ‘‘SUBCHAPTER C—CRIMINAL FORFEITURE 

‘‘Sec. 

‘‘2561. Offenses giving rise to criminal forfeiture. 

‘‘2562. Procedures for criminal forfeiture. 

25 ‘‘§ 2561. Offenses giving rise to criminal forfeiture 

26 ‘‘(a) PROPERTY FORFEITED AT TIME OF SENTENCE.—The 

27 court, when imposing a sentence on a defendant convicted of 

28 an offense described in subsection (b), shall order the defend29 ant forfeit to the United States all forfeitable property (as de30 fined in section 37) related to the offense. 

31 ‘‘(b) OFFENSES FOR WHICH CRIMINAL FORFEITURE IS TO

32 BE ORDERED.—The offenses for which criminal forfeiture shall 

33 occur under this section are the following: 

34 ‘‘(1) A violation of section 508, 1451, or 1452. 


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1 ‘‘(2) A violation of, or a conspiracy to violate— 

2 ‘‘(A) section 644, 645, 773–775, 779, 801, 803, 804, 

3 or 1003, affecting a financial institution; 

4 ‘‘(B) section 614, 692–695, 697–702, 712, 717, 781, 

5 783, 784, 861, 862, or 863; 

6 ‘‘(C) section 654(a)(1) (relating to Federal program 

7 fraud); 

8 ‘‘(D) section 772 (relating to fraud and false state9 ments); 

10 ‘‘(E) section 788 (relating to major fraud against the 

11 United States); 

12 ‘‘(F) section 789 (relating to concealment of assets 

13 from conservator, receiver, or liquidating agent of in14 sured financial institution); 

15 ‘‘(G) section 801 (relating to mail fraud); or 

16 ‘‘(H) section 803 (relating to wire fraud), 

17 involving the sale of assets acquired or held by the Resolu18 tion Trust Corporation, the Federal Deposit Insurance Cor19 poration, as conservator or receiver for a financial institu20 tion or any other conservator for a financial institution ap21 pointed by the Office of the Comptroller of the Currency 

22 or the Office of Thrift Supervision, or the National Credit 

23 Union Administration, as conservator or liquidating agent 

24 for a financial institution, shall order that the person for25 feit to the United States any property, real or personal, 

26 which represents or is traceable to the gross receipts ob27 tained, directly or indirectly, as a result of such violation. 

28 ‘‘(3) A violation of— 

29 ‘‘(A) section 718 (altering or removing motor vehicle 

30 identification numbers); 

31 ‘‘(B) section 866 (importing or exporting stolen 

32 motor vehicles); 

33 ‘‘(C) section 671 (transporting stolen motor vehicles 

34 in interstate commerce); or 

35 ‘‘(D) section 672 (possessing or selling a stolen 

36 motor vehicle that has moved in interstate commerce). 


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1 ‘‘(4) A violation of, or conspiracy to violate, section 

2 274(a), 274A(a)(1), or 274A(a)(2) of the Immigration and 

3 Nationality Act or sections 311-316 of this title, or a viola4 tion of, or conspiracy to violate, section 783 of this title if 

5 committed in connection with passport or visa issuance or 

6 use. 

7 ‘‘(5) A Federal health care offense. 

8 ‘‘(6) A violation of section 783, 786, 801, 802, 807, or 

9 804. 

10 ‘‘(7) A violation of section 211, 212, 213, 221, or 222. 

11 ‘‘(8) A violation of section 301, 302, 303, or 320. 

12 ‘‘(9) A violation of chapter 17. 

13 ‘‘(10) A violation of section 631. 

14 ‘‘(11) A violation of section 783, 786, or 794. 

15 ‘‘(12) A violation of section 1307. 

16 ‘‘(13) A violation of subchapter C of chapter 35. 

17 ‘‘(14) A violations or a conspiracy to violate section 787. 

18 ‘‘(15) A violation of 506 of title 17, or section 675, 676, 

19 678, 679, 680, or subcahpter C of chapter 35. 

20 ‘‘§ 2562. Procedures for criminal forfeiture 

21 ‘‘(a) APPLICATION OF PROCEDURES.—Unless otherwise pro22 vided by law, the procedures set forth in this section govern 

23 any criminal forfeiture under a law of the United States. 

24 ‘‘(b) THIRD PARTY TRANSFERS.—All right, title, and inter25 est in forfeitable vests in the United States upon the commis26 sion of the act giving rise to forfeiture under this subchapter. 

27 Any such property that is subsequently transferred to a person 

28 other than the defendant may be the subject of a special verdict 

29 of forfeiture and thereafter shall be ordered forfeited to the 

30 United States, unless the transferee establishes in a hearing 

31 pursuant to subsection (n) that the transferee is a bona fide 

32 purchaser for value of such property who at the time of pur33 chase was reasonably without cause to believe that the property 

34 was subject to forfeiture under this section. 

35 ‘‘(c) REBUTTABLE PRESUMPTION.—There is a rebuttable 

36 presumption at trial that any property of a person convicted of 

37 a felony under chapter 17 is subject to forfeiture under this 


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1 section if the United States establishes by a preponderance of 

2 the evidence that— 

3 ‘‘(1) such property was acquired by such person during 

4 the period of the violation or within a reasonable time after 

5 such period; and 

6 ‘‘(2) there was no likely source for such property other 

7 than the violation 

8 ‘‘(d) PROTECTIVE ORDERS.— 

9 ‘‘(1) WHEN ISSUED.—Upon application of the United 

10 States, the court may enter a restraining order or injunc11 tion, require the execution of a satisfactory performance 

12 bond, or take any other action to preserve the availability 

13 of property for forfeiture under this section— 

14 ‘‘(A) upon the filing of an indictment or information 

15 charging a violation for which criminal forfeiture may 

16 be ordered under this section and alleging that the 

17 property with respect to which the order is sought 

18 would, in the event of conviction, be subject to for19 feiture under this section; or 

20 ‘‘(B) prior to the filing of such an indictment or in21 formation, if, after notice to persons appearing to have 

22 an interest in the property and opportunity for a hear23 ing, the court determines that— 

24 ‘‘(i) there is a substantial probability that the 

25 United States will prevail on the issue of forfeiture 

26 and that failure to enter the order will result in the 

27 property being destroyed, removed from the juris28 diction of the court, or otherwise made unavailable 

29 for forfeiture; and 

30 ‘‘(ii) the need to preserve the availability of the 

31 property through the entry of the requested order 

32 outweighs the hardship on any party against whom 

33 the order is to be entered. 

34 ‘‘(2) LENGTH.—An order entered pursuant to paragraph 

35 (1)(B) shall be effective for not more than 90 days, unless 

36 extended by the court for good cause shown or unless an 


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1 indictment or information described in paragraph (1)(A) 

2 has been filed. 

3 ‘‘(3) EX PARTE.—A temporary restraining order under 

4 this subsection may be entered upon application of the 

5 United States without notice or opportunity for a hearing 

6 when an information or indictment has not yet been filed 

7 with respect to the property, if the United States dem8 onstrates that there is probable cause to believe that the 

9 property with respect to which the order is sought would, 

10 in the event of conviction, be subject to forfeiture under 

11 this section and that provision of notice will jeopardize the 

12 availability of the property for forfeiture. Such a temporary 

13 order shall expire not more than ten days after the date on 

14 which it is entered, unless extended for good cause shown 

15 or unless the party against whom it is entered consents to 

16 an extension for a longer period. A hearing requested con17 cerning an order entered under this paragraph shall be held 

18 at the earliest possible time and prior to the expiration of 

19 the temporary order. 

20 ‘‘(4) EVIDENCE.—The court may receive and consider, at 

21 a hearing held pursuant to this subsection, evidence and in22 formation that would be inadmissible under the Federal 

23 Rules of Evidence. 

24 ‘‘(5) ORDER TO REPATRIATE AND DEPOSIT.— 

25 ‘‘(A) IN GENERAL.—Pursuant to its authority to 

26 enter a pretrial restraining order under this section, the 

27 court may order a defendant to repatriate any property 

28 that may be seized and forfeited, and to deposit that 

29 property pending trial in the registry of the court, or 

30 with the United States Marshals Service or the Sec31 retary of the Treasury, in an interest-bearing account, 

32 if appropriate. 

33 ‘‘(B) FAILURE TO COMPLY.—Failure to comply with 

34 an order under this subsection, or an order to repa35 triate property under subsection (o), shall be punish36 able as a civil or criminal contempt of court, and may 

37 also result in an enhancement of the sentence of the 


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1 defendant under the obstruction of justice provision of 

2 the Federal Sentencing Guidelines. 

3 ‘‘(e) WARRANT OF SEIZURE.—The Government may request 

4 the issuance of a warrant authorizing the seizure of property 

5 subject to forfeiture under this section in the same manner as 

6 provided for a search warrant. If the court determines that 

7 there is probable cause to believe that the property to be seized 

8 would, in the event of conviction, be subject to forfeiture and 

9 that an order under subsection (d) may not be sufficient to as10 sure the availability of the property for forfeiture, the court 

11 shall issue a warrant authorizing the seizure of such property. 

12 ‘‘(f) EXECUTION.—Upon entry of an order of forfeiture 

13 under this section, the court shall authorize the Attorney Gen14 eral to seize all property ordered forfeited upon such terms and 

15 conditions as the court shall deem proper. Following entry of 

16 an order declaring the property forfeited, the court may, upon 

17 application of the United States, enter such appropriate re18 straining orders or injunctions, require the execution of satis19 factory performance bonds, appoint receivers, conservators, ap20 praisers, accountants, or trustees, or take any other action to 

21 protect the interest of the United States in the property or22 dered forfeited. Any income accuring to or derived from prop23 erty ordered forfeited under this section may be used to offset 

24 ordinary and necessary expenses to the property which are re25 quired by law, or which are necessary to protect the interests 

26 of the United States or third parties. 

27 ‘‘(g) DISPOSITION OF PROPERTY.—Following the seizure of 

28 property ordered forfeited under this section, the Attorney Gen29 eral shall direct the disposition of the property by sale of any 

30 other any other commercially feasible means, making due provi31 sion for the rights of any innocent persons. Any property right 

32 or interest not exercisable by, or transferable for value to, the 

33 United States shall expire and shall not revert to the defend34 ant, nor shall the defendant or any person acting in concert 

35 with or on the behalf of the defendant be eligible to purchase 

36 forfeited property at any sale held by the United States. Upon 

37 application of a person, other than the defendant or a person 


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1 acting in concert with or on the behalf of the defendant, the 

2 court may restrain or stay the sale or disposition of the prop3 erty pending the conclusion of any appeal of the criminal case 

4 giving rise to the forfeiture, if the applicant demonstrates that 

5 proceeding with the sale or disposition of the property will re6 sult in irreparable injury, harm, or loss to the applicant. 

7 ‘‘(h) AUTHORITY OF THE ATTORNEY GENERAL.—With re8 spect to property ordered forfeited under this section, the At9 torney General is authorized to— 

10 ‘‘(1) grant petitions for mitigation or remission of for11 feiture, restore forfeited property to victims of a violation, 

12 or take any other action to protect the rights of innocent 

13 persons which is in the interest of justice and which is not 

14 inconsistent with the provisions of this section; 

15 ‘‘(2) compromise claims arising under this section; 

16 ‘‘(3) award compensation to persons providing informa17 tion resulting in a forfeiture under this section; 

18 ‘‘(4) direct the disposition by the United States, in ac19 cordance with section 511(e) of the Controlled Substances 

20 Act, of all property ordered forfeited under this section by 

21 public sale or any other commercially feasible means, mak22 ing due provision for the rights of innocent persons; and 

23 ‘‘(5) take appropriate measures necessary to safeguard 

24 and maintain property ordered forfeited under this section 

25 pending its disposition. 

26 ‘‘(i) APPLICABILITY OF CIVIL FORFEITURE PROVISIONS.— 

27 Except to the extent that they are inconsistent with this sec28 tion, section 511(d) of the Controlled Substances Act applies 

29 to a criminal forfeiture under this section. 

30 ‘‘(j) BAR ON INTERVENTION.—Except as provided in sub31 section (m), no party claiming an interest in property subject 

32 to forfeiture under this section may— 

33 ‘‘(1) intervene in a trial or appeal of a criminal case in34 volving the forfeiture of such property under this section; 

35 or 

36 ‘‘(2) commence an action at law or equity against the 

37 United States concerning the validity of his alleged interest 


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1 in the property subsequent to the filing of an indictment 

2 or information alleging that the property in subject to for3 feiture under this section. 

4 ‘‘(k) JURISDICTION TO ENTER ORDERS.—The district courts 

5 of the United States shall have jurisdiction to enter orders as 

6 provided in this section without regard to the location of any 

7 property which may be subject to forfeiture under this section 

8 or which has been ordered forfeited under this section. 

9 ‘‘(l) DEPOSITIONS.—In order to facilitate the identification 

10 and location of property declared forfeited and to facilitate the 

11 disposition of petitions for remission or mitigation of forfeiture, 

12 after the entry of an order declaring property forfeited to the 

13 United States, the court may, upon application of the United 

14 States, order that the testimony of any witness relating to the 

15 property forfeited be taken by deposition and that any des16 ignated book, paper, document, record, recording, or other ma17 terial not privileged be produced at the same time any place, 

18 in the same manner as provided for the taking of depositions 

19 under Rule 15 of the Federal Rules of Criminal Procedure. 

20 ‘‘(m) THIRD PARTY INTERESTS.—(1) Following the entry of 

21 an order of forfeiture under this section, the United States 

22 shall publish notice of the order and of its intent to dispose of 

23 the property in such manner as the Attorney General may di24 rect. The Government may also, to the extent practicable, pro25 vide direct written notice to any person known to have alleged 

26 an interest in the property that is the subject of the order of 

27 forfeiture as a substitute for published notice as to those per28 sons so notified. 

29 ‘‘(2) Any person, other than the defendant, asserting a legal 

30 interest in property which has been ordered forfeited to the 

31 United States pursuant to this section may, within thirty days 

32 of the final publication of notice or his receipt of notice under 

33 paragraph (1), whichever is earlier, petition the court for a 

34 hearing to adjudicate the validity of his alleged interest in the 

35 property. The hearing shall be held before the court alone, 

36 without a jury. 


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1 ‘‘(3) The petition shall be signed by the petitioner under pen2 alty of perjury and shall set forth the nature and extent of the 

3 petitioner’s right, title, or interest in the property, the time and 

4 circumstances of the petitioner’s acquisition of the right, title, 

5 or interest in the property, and additional facts supporting the 

6 petitioner’s claim, and the relief sought. 

7 ‘‘(4) The hearing on the petition shall, to the extent prac8 ticable and consistent with the interests of justice, be held with9 in thirty days of the filing of the petition. The court may con10 solidate the hearing on the petition with a hearing on any other 

11 petition filed by a person other than the defendant under this 

12 subsection. 

13 ‘‘(5) At the hearing, the petitioner may testify and present 

14 evidence and witnesses on his own behalf, and cross-examine 

15 witnesses who appear at the hearing. The United States may 

16 present evidence and witnesses in rebuttal and in defense of 

17 this claim to the property and cross-examine witnesses who ap18 pear at the hearing, the court shall consider the relevant por19 tions of the record of the criminal case which resulted in the 

20 order of forfeiture. 

21 ‘‘(6) If, after the hearing, the court determines that the peti22 tioner has established by a preponderance of the evidence 

23 that— 

24 ‘‘(A) the petitioner has a legal right, title, or interest in 

25 the property, and such right, title, or interest renders the 

26 order of forfeiture invalid in whole or in part because the 

27 right, title, or interest was vested in the petitioner rather 

28 than the defendant or was superior to any right, title, or 

29 interest of the defendant at the time of the commission of 

30 the acts which gave rise to the forfeiture of the property 

31 under the section; or 

32 ‘‘(B) the petitioner is a bona fide purchaser for value of 

33 the right, title, or interest in the property and was at the 

34 time of purchase reasonably without cause to believe that 

35 the property was subject to forfeiture under this section; 

36 the court shall amend the order of forfeiture in accordance with 

37 its determination. 


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1 ‘‘(7) Following the court’s disposition of all petitions filed 

2 under this subsection, or if no such petitions are filed following 

3 the expiration of the period provided in paragraph (2) for the 

4 filing of such petitions, the United States shall have clear title 

5 to property that is the subject of the order of forfeiture and 

6 may warrant good title to any subsequent purchaser or trans7 feree. 

8 ‘‘(n) RULE OF CONSTRUCTION.—This section shall be lib9 erally construed to effectuate its remedial purposes. 

10 ‘‘(o) FORFEITURE OF SUBSTITUTE PROPERTY.— 

11 ‘‘(1) IN GENERAL.—Paragraph (2) of this subsection 

12 shall apply, if any property described in subsection (a), as 

13 a result of any act or omission of the defendant— 

14 ‘‘(A) cannot be located upon the exercise of due dili15 gence; 

16 ‘‘(B) has been transferred or sold to, or deposited 

17 with, a third party; 

18 ‘‘(C) has been placed beyond the jurisdiction of the 

19 court; 

20 ‘‘(D) has been substantially diminished in value; or 

21 ‘‘(E) has been commingled with other property which 

22 cannot be divided without difficulty. 

23 ‘‘(2) SUBSTITUTE PROPERTY.—In any case described in 

24 any of subparagraphs (A) through (E) of paragraph (1), 

25 the court shall order the forfeiture of any other property 

26 of the defendant, up to the value of any property described 

27 in subparagraphs (A) through (E) of paragraph (1), as ap28 plicable. 

29 ‘‘(3) RETURN OF PROPERTY TO JURISDICTION.—In the 

30 case of property described in paragraph (1)(C), the court 

31 may, in addition to any other action authorized by this sub32 section, order the defendant to return the property to the 

33 jurisdiction of the court so that the property may be seized 

34 and forfeited. 

35 ‘‘(4) LIMITATION.—This subsection shall not be used to 

36 order a defendant to forfeit assets in place of the actual 

37 property laundered where such defendant acted merely as 


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1 an intermediary who handled but did not retain the prop2 erty in the course of the money laundering offense unless 

3 the defendant, in committing the offense or offenses giving 

4 rise to the forfeiture, conducted three or more separate 

5 transactions involving a total of $100,000 or more in any 

6 twelve month period. 

7 ‘‘(p) SPECIAL RESTITUTION.—The court, when sentencing a 

8 defendant convicted of an offense under chapter 17 involving 

9 the manufacture, the possession, or the possession with intent 

10 to distribute, of amphetamine or methamphetamine, shall— 

11 ‘‘(1) order restitution as provided in sections 3612 and 

12 3664; 

13 ‘‘(2) order the defendant to reimburse the United States, 

14 the State or local government concerned, or both the 

15 United States and the State or local government concerned 

16 for the costs incurred by the United States or the State or 

17 local government concerned, as the case may be, for the 

18 cleanup associated with the manufacture of amphetamine 

19 or methamphetamine by the defendant, or on premises or 

20 in property that the defendant owns, resides, or does busi21 ness in; and 

22 ‘‘(3) order restitution to any person injured as a result 

23 of the offense as provided in section 3663A.’’. 

24 SEC. 3. CONFORMING REPEALS. 

25 (a) CONTROLLED SUBSTANCES ACT.—The Con26 trolled Substances Act is amended by striking all of the 

27 sections in part D, except sections 412 (relating to appli28 cation of treaties and other international agreements) and 

29 421 (relating to denial of Federal benefits to drug traf30 fickers and possessors). 

31 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

32 ACT.—The Controlled Substances Import and Export Act 


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1 is amended by striking sections 1002 (relating to importa2 tion of controlled substances) and 1003 (exportation of 

3 controlled substances). 

4 (c) ATOMIC ENERGY ACT OF 1954.—The Atomic En5 ergy Act of 1954 is amended— 

6 (1) by striking sections 92, 221, 224, 225, 226, 

7 227, and 235; 

8 (2) by striking subsections a. and b. of section 

9 57; 

10 (3) in section 222 a., by striking ‘‘57 or’’; and 

11 (4) by striking subsection b. of section 222. 

12 (d) ADDITIONAL CONFORMING REPEALS.—Not later 

13 than 180 days after the date of the enactment of this Act, 

14 the Attorney General shall submit to Congress proposed 

15 legislation repealing additional provisions of law that have 

16 been rendered superfluous by the enactment of this Act. 

17 SEC. 4. CROSS REFERENCES. 

18 Not later than 180 days after the date of the enact19 ment of this Act, the Attorney General shall submit to 

20 Congress proposed legislation correcting cross references 

21 in other laws to provisions of law that have been amended 

22 or repealed by this Act. 


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1 SEC. 5. SUNSET OF PROVISION RELATING TO FOREIGN IN2 TELLIGENCE SURVEILLANCE ACT OF 1978. 

3 Effective December 31, 2012, except as provided by 

4 section 404 of the FISA Amendments Act of 2008, section 

5 1492(b)(1)(B)(ii) of title 18, United States Code, is 

6 amended by striking ‘‘or a court order pursuant to section 

7 704 of the Foreign Intelligence Surveillance Act of 1978’’. 

8 SEC. 6. REENACTMENT OUTSIDE TITLE 18 OF FORMER SEC9 TION 2258A (RELATING TO REPORTING RE10 QUIREMENTS OF ELECTRONIC COMMUNICA11 TION SERVICE PROVIDERS AND REMOTE 

12 COMPUTING SERVICE PROVIDERS). 

13 (a) DUTY TO REPORT.— 

14 (1) IN GENERAL.—Whoever, while engaged in 

15 providing an electronic communication service or a 

16 remote computing service to the public through a fa17 cility or means of interstate or foreign commerce, 

18 obtains actual knowledge of any facts or cir19 cumstances described in paragraph (2) shall, as soon 

20 as reasonably possible— 

21 (A) provide to the CyberTipline of the Na22 tional Center for Missing and Exploited Chil23 dren, or any successor to the CyberTipline oper24 ated by such center, the mailing address, tele25 phone number, facsimile number, electronic 

26 mail address of, and individual point of contact 


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1 for, such electronic communication service pro2 vider or remote computing service provider; and 

3 (B) make a report of such facts or cir4 cumstances to the CyberTipline, or any suc5 cessor to the CyberTipline operated by such 

6 center. 

7 (2) FACTS OR CIRCUMSTANCES.—The facts or 

8 circumstances described in this paragraph are any 

9 facts or circumstances from which there is an appar10 ent violation of— 

11 (A) section 221, 222, 223, or 224 that in12 volves child pornography; or 

13 (B) section 1445. 

14 (b) CONTENTS OF REPORT.—To the extent the infor15 mation is within the custody or control of an electronic 

16 communication service provider or a remote computing 

17 service provider, the facts and circumstances included in 

18 each report under subsection (a)(1) may include the fol19 lowing information: 

20 (1) INFORMATION ABOUT THE INVOLVED INDI21 VIDUAL.—Information relating to the identity of any 

22 individual who appears to have violated a Federal 

23 law described in subsection (a)(2), which may, to the 

24 extent reasonably practicable, include the electronic 

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1 source locator, or any other identifying information, 

2 including self-reported identifying information. 

3 (2) HISTORICAL REFERENCE.—Information re4 lating to when and how a customer or subscriber of 

5 an electronic communication service or a remote 

6 computing service uploaded, transmitted, or received 

7 apparent child pornography or when and how appar8 ent child pornography was reported to, or discovered 

9 by the electronic communication service provider or 

10 remote computing service provider, including a date 

11 and time stamp and time zone. 

12 (3) GEOGRAPHIC LOCATION INFORMATION.— 

13 (A) IN GENERAL.—Information relating to 

14 the geographic location of the involved indi15 vidual or website, which may include the Inter16 net Protocol address or verified billing address, 

17 or, if not reasonably available, at least 1 form 

18 of geographic identifying information, including 

19 area code or zip code. 

20 (B) INCLUSION.—The information de21 scribed in subparagraph (A) may also include 

22 any geographic information provided to the 

23 electronic communication service or remote 

24 computing service by the customer or sub25 scriber. 


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1 (4) IMAGES OF APPARENT CHILD PORNOG2 RAPHY.—Any image of apparent child pornography 

3 relating to the incident such report is regarding. 

4 (5) COMPLETE COMMUNICATION.—The com5 plete communication containing any image of appar6 ent child pornography, including— 

7 (A) any data or information regarding the 

8 transmission of the communication; and 

9 (B) any images, data, or other digital files 

10 contained in, or attached to, the communica11 tion. 

12 (c) FORWARDING OF REPORT TO LAW ENFORCE13 MENT.— 

14 (1) IN GENERAL.—The National Center for 

15 Missing and Exploited Children shall forward each 

16 report made under subsection (a)(1) to any appro17 priate law enforcement agency designated by the At18 torney General under subsection (d)(2). 

19 (2) STATE AND LOCAL LAW ENFORCEMENT.— 

20 The National Center for Missing and Exploited Chil21 dren may forward any report made under subsection 

22 (a)(1) to an appropriate law enforcement official of 

23 a State or political subdivision of a State for the 

24 purpose of enforcing State criminal law. 

25 (3) FOREIGN LAW ENFORCEMENT.— 


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1 (A) IN GENERAL.—The National Center 

2 for Missing and Exploited Children may for3 ward any report made under subsection (a)(1) 

4 to any appropriate foreign law enforcement 

5 agency designated by the Attorney General 

6 under subsection (d)(3), subject to the condi7 tions established by the Attorney General under 

8 subsection (d)(3). 

9 (B) TRANSMITTAL TO DESIGNATED FED10 ERAL AGENCIES.—If the National Center for 

11 Missing and Exploited Children forwards a re12 port to a foreign law enforcement agency under 

13 subparagraph (A), the National Center for 

14 Missing and Exploited Children shall concur15 rently provide a copy of the report and the 

16 identity of the foreign law enforcement agency 

17 to— 

18 (i) the Attorney General; or 

19 (ii) the Federal law enforcement agen20 cy or agencies designated by the Attorney 

21 General under subsection (d)(2). 

22 (d) ATTORNEY GENERAL RESPONSIBILITIES.— 

23 (1) IN GENERAL.—The Attorney General shall 

24 enforce this section. 


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1 (2) DESIGNATION OF FEDERAL AGENCIES.— 

2 The Attorney General shall designate promptly the 

3 Federal law enforcement agency or agencies to 

4 which a report shall be forwarded under subsection 

5 (c)(1). 

6 (3) DESIGNATION OF FOREIGN AGENCIES.— 

7 The Attorney General shall promptly— 

8 (A) in consultation with the Secretary of 

9 State, designate the foreign law enforcement 

10 agencies to which a report may be forwarded 

11 under subsection (c)(3); 

12 (B) establish the conditions under which 

13 such a report may be forwarded to such agen14 cies; and 

15 (C) develop a process for foreign law en16 forcement agencies to request assistance from 

17 Federal law enforcement agencies in obtaining 

18 evidence related to a report referred under sub19 section (c)(3). 

20 (4) REPORTING DESIGNATED FOREIGN AGEN21 CIES.—The Attorney General shall maintain and 

22 make available to the Department of State, the Na23 tional Center for Missing and Exploited Children, 

24 electronic communication service providers, remote 

25 computing service providers, the Committee on the 


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1 Judiciary of the Senate, and the Committee on the 

2 Judiciary of the House of Representatives a list of 

3 the foreign law enforcement agencies designated 

4 under paragraph (3). 

5 (5) SENSE OF CONGRESS REGARDING DESIGNA6 TION OF FOREIGN AGENCIES.—It is the sense of 

7 Congress that— 

8 (A) combating the international manufac9 turing, possession, and trade in online child 

10 pornography requires cooperation with com11 petent, qualified, and appropriately trained for12 eign law enforcement agencies; and 

13 (B) the Attorney General, in cooperation 

14 with the Secretary of State, should make a sub15 stantial effort to expand the list of foreign 

16 agencies designated under paragraph (3). 

17 (6) NOTIFICATION TO PROVIDERS.—If an elec18 tronic communication service provider or remote 

19 computing service provider notifies the National 

20 Center for Missing and Exploited Children that the 

21 electronic communication service provider or remote 

22 computing service provider is making a report under 

23 this section as the result of a request by a foreign 

24 law enforcement agency, the National Center for 

25 Missing and Exploited Children shall— 


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1 (A) if the Center forwards the report to 

2 the requesting foreign law enforcement agency 

3 or another agency in the same country des4 ignated by the Attorney General under para5 graph (3), notify the electronic communication 

6 service provider or remote computing service 

7 provider of— 

8 (i) the identity of the foreign law en9 forcement agency to which the report was 

10 forwarded; and 

11 (ii) the date on which the report was 

12 forwarded; or 

13 (B) notify the electronic communication 

14 service provider or remote computing service 

15 provider if the Center declines to forward the 

16 report because the Center, in consultation with 

17 the Attorney General, determines that no law 

18 enforcement agency in the foreign country has 

19 been designated by the Attorney General under 

20 paragraph (3). 

21 (e) FAILURE TO REPORT.—An electronic commu22 nication service provider or remote computing service pro23 vider that knowingly and willfully fails to make a report 

24 required under subsection (a)(1) shall be fined— 


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1 (1) in the case of an initial knowing and willful 

2 failure to make a report, not more than $150,000; 

3 and 

4 (2) in the case of any second or subsequent 

5 knowing and willful failure to make a report, not 

6 more than $300,000. 

7 (f) PROTECTION OF PRIVACY.—Nothing in this sec8 tion shall be construed to require an electronic commu9 nication service provider or a remote computing service 

10 provider to— 

11 (1) monitor any user, subscriber, or customer of 

12 that provider; 

13 (2) monitor the content of any communication 

14 of any person described in paragraph (1); or 

15 (3) affirmatively seek facts or circumstances de16 scribed in subsections (a) and (b). 

17 (g) CONDITIONS OF DISCLOSURE INFORMATION

18 CONTAINED WITHIN REPORT.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), a law enforcement agency that receives a 

21 report under subsection (c) shall not disclose any in22 formation contained in that report. 

23 (2) PERMITTED DISCLOSURES BY LAW EN24 FORCEMENT.— 


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1 (A) IN GENERAL.—A law enforcement 

2 agency may disclose information in a report re3 ceived under subsection (c)— 

4 (i) to an attorney for the government 

5 for use in the performance of the official 

6 duties of that attorney; 

7 (ii) to such officers and employees of 

8 that law enforcement agency, as may be 

9 necessary in the performance of their in10 vestigative and recordkeeping functions; 

11 (iii) to such other government per12 sonnel (including personnel of a State or 

13 subdivision of a State) as are determined 

14 to be necessary by an attorney for the gov15 ernment to assist the attorney in the per16 formance of the official duties of the attor17 ney in enforcing Federal criminal law; 

18 (iv) if the report discloses a violation 

19 of State criminal law, to an appropriate of20 ficial of a State or subdivision of a State 

21 for the purpose of enforcing such State 

22 law; 

23 (v) to a defendant in a criminal case 

24 or the attorney for that defendant, subject 

25 to the terms and limitations under section 


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1 3509(m) of title 18, United States Code, 

2 or a similar State law, to the extent the in3 formation relates to a criminal charge 

4 pending against that defendant; 

5 (vi) subject to subparagraph (B), to 

6 an electronic communication service pro7 vider or remote computing provider if nec8 essary to facilitate response to legal proc9 ess issued in connection to a criminal in10 vestigation, prosecution, or post-conviction 

11 remedy relating to that report; and 

12 (vii) as ordered by a court upon a 

13 showing of good cause and pursuant to any 

14 protective orders or other conditions that 

15 the court may impose. 

16 (B) LIMITATIONS.— 

17 (i) LIMITATIONS ON FURTHER DIS18 CLOSURE.—The electronic communication 

19 service provider or remote computing serv20 ice provider shall be prohibited from dis21 closing the contents of a report provided 

22 under subparagraph (A)(vi) to any person, 

23 except as necessary to respond to the legal 

24 process. 


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1 (ii) EFFECT.—Nothing in subpara2 graph (A)(vi) authorizes a law enforcement 

3 agency to provide child pornography im4 ages to an electronic communications serv5 ice provider or a remote computing service. 

6 (3) PERMITTED DISCLOSURES BY THE NA7 TIONAL CENTER FOR MISSING AND EXPLOITED

8 CHILDREN.—The National Center for Missing and 

9 Exploited Children may disclose information received 

10 in a report under subsection (a) only— 

11 (A) to any Federal law enforcement agency 

12 designated by the Attorney General under sub13 section (d)(2); 

14 (B) to any State, local, or tribal law en15 forcement agency involved in the investigation 

16 of child pornography, child exploitation, kidnap17 ping, or enticement crimes; 

18 (C) to any foreign law enforcement agency 

19 designated by the Attorney General under sub20 section (d)(3); and 

21 (D) to an electronic communication service 

22 provider or remote computing service provider 

23 as described in section 8. 

24 (h) PRESERVATION.— 


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1 (1) IN GENERAL.—For the purposes of this sec2 tion, the notification to an electronic communication 

3 service provider or a remote computing service pro4 vider by the CyberTipline of receipt of a report 

5 under subsection (a)(1) shall be treated as a request 

6 to preserve, as if such request was made pursuant 

7 to section 2703(f) of title 18, United States Code. 

8 (2) PRESERVATION OF REPORT.—Pursuant to 

9 paragraph (1), an electronic communication service 

10 provider or a remote computing service shall pre11 serve the contents of the report provided pursuant to 

12 subsection (b) for 90 days after such notification by 

13 the CyberTipline. 

14 (3) PRESERVATION OF COMMINGLED IMAGES.— 

15 Pursuant to paragraph (1), an electronic commu16 nication service provider or a remote computing 

17 service shall preserve any images, data, or other dig18 ital files that are commingled or interspersed among 

19 the images of apparent child pornography within a 

20 particular communication or user-created folder or 

21 directory. 

22 (4) PROTECTION OF PRESERVED MATERIALS.— 

23 An electronic communications service or remote com24 puting service preserving materials under this sec25 tion shall maintain the materials in a secure location 


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1 and take appropriate steps to limit access by agents 

2 or employees of the service to the materials to that 

3 access necessary to comply with the requirements of 

4 this subsection. 

5 (5) AUTHORITIES AND DUTIES NOT AF6 FECTED.—Nothing in this section shall be construed 

7 as replacing, amending, or otherwise interfering with 

8 the authorities and duties under section 2703 of title 

9 18, United States Code. 

10 SEC. 7. REENACTMENT OUTSIDE TITLE 18 OF FORMER SEC11 TION 2258B (RELATING TO LIMITED LIABIL12 ITY FOR ELECTRONIC COMMUNICATION 

13 SERVICE PROVIDERS, REMOTE COMPUTING 

14 SERVICE PROVIDERS, OR DOMAIN NAME REG15 ISTRAR). 

16 (a) IN GENERAL.—Except as provided in subsection 

17 (b), a civil claim or criminal charge against an electronic 

18 communication service provider, a remote computing serv19 ice provider, or domain name registrar, including any di20 rector, officer, employee, or agent of such electronic com21 munication service provider, remote computing service 

22 provider, or domain name registrar arising from the per23 formance of the reporting or preservation responsibilities 

24 of such electronic communication service provider, remote 

25 computing service provider, or domain name registrar 


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1 under this section, section 6, or section 8 may not be 

2 brought in any Federal or State court. 

3 (b) INTENTIONAL, RECKLESS, OR OTHER MIS4 CONDUCT.—Subsection (a) shall not apply to a claim if 

5 the electronic communication service provider, remote 

6 computing service provider, or domain name registrar, or 

7 a director, officer, employee, or agent of that electronic 

8 communication service provider, remote computing service 

9 provider, or domain name registrar— 

10 (1) engaged in intentional misconduct; or 

11 (2) acted, or failed to act— 

12 (A) with actual malice; 

13 (B) with reckless disregard to a substantial 

14 risk of causing physical injury without legal jus15 tification; or 

16 (C) for a purpose unrelated to the per17 formance of any responsibility or function 

18 under this section, sections 6, or 8 or under 

19 section 2702 or 2703 of title 18, United States 

20 Code. 

21 (c) MINIMIZING ACCESS.—An electronic communica22 tion service provider, a remote computing service provider, 

23 and domain name registrar shall— 


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1 (1) minimize the number of employees that are 

2 provided access to any image provided under section 

3 6 or 8; and 

4 (2) ensure that any such image is permanently 

5 destroyed, upon a request from a law enforcement 

6 agency to destroy the image. 

7 SEC. 8. REENACTMENT OUTSIDE TITLE 18 OF FORMER SEC8 TION 2258C (RELATING TO USE TO COMBAT 

9 CHILD PORNOGRAPHY OF TECHNICAL ELE10 MENTS RELATING TO IMAGES REPORTED TO 

11 THE CYBERTIPLINE). 

12 (a) ELEMENTS.— 

13 (1) IN GENERAL.—The National Center for 

14 Missing and Exploited Children may provide ele15 ments relating to any apparent child pornography 

16 image of an identified child to an electronic commu17 nication service provider or a remote computing 

18 service provider for the sole and exclusive purpose of 

19 permitting that electronic communication service 

20 provider or remote computing service provider to 

21 stop the further transmission of images. 

22 (2) INCLUSIONS.—The elements authorized 

23 under paragraph (1) may include hash values or 

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1 nological elements that can be used to identify and 

2 stop the transmission of child pornography. 

3 (3) EXCLUSION.—The elements authorized 

4 under paragraph (1) may not include the actual im5 ages. 

6 (b) USE BY ELECTRONIC COMMUNICATION SERVICE

7 PROVIDERS AND REMOTE COMPUTING SERVICE PRO8 VIDERS.—Any electronic communication service provider 

9 or remote computing service provider that receives ele10 ments relating to any apparent child pornography image 

11 of an identified child from the National Center for Missing 

12 and Exploited Children under this section may use such 

13 information only for the purposes described in this section, 

14 provided that such use shall not relieve that electronic 

15 communication service provider or remote computing serv16 ice provider from its reporting obligations under section 

17 6. 

18 (c) LIMITATIONS.—Nothing in subsections (a) or (b) 

19 requires electronic communication service providers or re20 mote computing service providers receiving elements relat21 ing to any apparent child pornography image of an identi22 fied child from the National Center for Missing and Ex23 ploited Children to use the elements to stop the further 

24 transmission of the images. 


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1 (d) PROVISION OF ELEMENTS TO LAW ENFORCE2 MENT.—The National Center for Missing and Exploited 

3 Children shall make available to Federal, State, and local 

4 law enforcement involved in the investigation of child por5 nography crimes elements, including hash values, relating 

6 to any apparent child pornography image of an identified 

7 child reported to the National Center for Missing and Ex8 ploited Children. 

9 (e) USE BY LAW ENFORCEMENT.—Any Federal, 

10 State, or local law enforcement agency that receives ele11 ments relating to any apparent child pornography image 

12 of an identified child from the National Center for Missing 

13 and Exploited Children under subsection (d) may use such 

14 elements only in the performance of the official duties of 

15 that agency to investigate child pornography crimes. 

16 SEC. 9. REENACTMENT OUTSIDE TITLE 18 OF FORMER SEC17 TION 2258D (RELATING TO LIMITED LIABIL18 ITY FOR THE NATIONAL CENTER FOR MISS19 ING AND EXPLOITED CHILDREN). 

20 (a) IN GENERAL.—Except as provided in subsections 

21 (b) and (c), a civil claim or criminal charge against the 

22 National Center for Missing and Exploited Children, in23 cluding any director, officer, employee, or agent of such 

24 center, arising from the performance of the CyberTipline 

25 responsibilities or functions of such center, as described 


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1 in this section, section 6 or 8, or section 404 of the Miss2 ing Children’s Assistance Act (42 U.S.C. 5773), or from 

3 the effort of such center to identify child victims may not 

4 be brought in any Federal or State court. 

5 (b) INTENTIONAL, RECKLESS, OR OTHER MIS6 CONDUCT.—Subsection (a) shall not apply to a claim or 

7 charge if the National Center for Missing and Exploited 

8 Children, or a director, officer, employee, or agent of such 

9 center— 

10 (1) engaged in intentional misconduct; or 

11 (2) acted, or failed to act— 

12 (A) with actual malice; 

13 (B) with reckless disregard to a substantial 

14 risk of causing injury without legal justification; 

15 or 

16 (C) for a purpose unrelated to the per17 formance of any responsibility or function 

18 under this section, section 6 or 8, or section 

19 404 of the Missing Children’s Assistance Act 

20 (42 U.S.C. 5773). 

21 (c) ORDINARY BUSINESS ACTIVITIES.—Subsection 

22 (a) shall not apply to an act or omission relating to an 

23 ordinary business activity, including general administra24 tion or operations, the use of motor vehicles, or personnel 

25 management. 


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1 (d) MINIMIZING ACCESS.—The National Center for 

2 Missing and Exploited Children shall— 

3 (1) minimize the number of employees that are 

4 provided access to any image provided under section 

5 6; and 

6 (2) ensure that any such image is permanently 

7 destroyed upon notification from a law enforcement 

8 agency. 

9 SEC. 10. REENACTMENT OUTSIDE TITLE 18 OF FORMER 

10 SECTION 2258E (RELATING TO DEFINITIONS). 

11 In sections 6 through 9— 

12 (1) the terms ‘‘attorney for the government’’ 

13 and ‘‘State’’ have the meanings given those terms in 

14 rule 1 of the Federal Rules of Criminal Procedure; 

15 (2) the term ‘‘electronic communication service’’ 

16 has the meaning given that term in section 2510 of 

17 title 18, United States Code; 

18 (3) the term ‘‘electronic mail address’’ has the 

19 meaning given that term in section 3 of the CAN– 

20 SPAM Act of 2003 (15 U.S.C. 7702); 

21 (4) the term ‘‘Internet’’ has the meaning given 

22 that term in section 1101 of the Internet Tax Free23 dom Act (47 U.S.C. 151 note); 


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1 (5) the term ‘‘remote computing service’’ has 

2 the meaning given that term in section 2711 of title 

3 18, United States Code; and 

4 (6) the term ‘‘website’’ means any collection of 

5 material placed in a computer server-based file ar6 chive so that it is publicly accessible, over the Inter7 net, using hypertext transfer protocol or any suc8 cessor protocol. 

9 SEC. 11. TRANSFER TO PART II OF TITLE 18, UNITED 

10 STATES CODE, OF CERTAIN PROCEDURAL 

11 AND RELATED PROVISIONS. 

12 (a) Part II of title 18, United States Code, is amend13 ed by inserting after chapter 206 the following: 

14 ‘‘CHAPTER 206A—PROCEDURAL AND RE15 LATED PROVISIONS PERTAINING TO 

16 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. 


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1 ‘‘§ 3119. Prohibition of use as evidence of intercepted 

2 wire or oral communications 

3 ‘‘Whenever any wire or oral communication has been 

4 intercepted, no part of the contents of such communica5 tion and no evidence derived therefrom may be received 

6 in evidence in any trial, hearing, or other proceeding in 

7 or before any court, grand jury, department, officer, agen8 cy, regulatory body, legislative committee, or other author9 ity of the United States, a State, or a political subdivision 

10 thereof if the disclosure of that information would be in 

11 violation of this chapter. 

12 ‘‘§ 3119A. Authorization for interception of wire, oral, 

13 or electronic communications 

14 ‘‘(a) FEDERAL PROSECUTORS.—The Attorney General, 

15 Deputy Attorney General, Associate Attorney General, or 

16 any Assistant Attorney General, any acting Assistant At17 torney General, or any Deputy Assistant Attorney General 

18 or acting Deputy Assistant Attorney General in the Crimi19 nal Division specially designated by the Attorney General, 

20 may authorize an application to a Federal judge of com21 petent jurisdiction for, and such judge may grant in con22 formity with section 3119C an order authorizing or ap23 proving the interception of wire or oral communications 

24 by the Federal Bureau of Investigation, or a Federal agen25 cy having responsibility for the investigation of the offense 


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1 as to which the application is made, when such intercep2 tion may provide or has provided evidence of— 

3 ‘‘(1) any felony offense under sections 271 

4 through 275, or under any of the following sub5 chapters of this title: subchapter C of chapter 10 

6 (relating to kidnapping), subchapter A of chapter 15 

7 (relating to treason), subchapter E of chapter 15 

8 (relating to espionage), subchapter E of chapter 21 

9 (relating to biological weapons), subchapter N of 

10 chapter 29 (relating to malicious mischief), sub11 chapter A of chapter 31 (relating to piracy), or sub12 chapter C of chapter 35 (relating to protection of 

13 trade secrets); 

14 ‘‘(2) a violation of section 186 or section 501(c) 

15 of title 29, (dealing with restrictions on payments 

16 and loans to labor organizations), or any offense 

17 which involves murder, kidnapping, robbery, or ex18 tortion, and which is punishable under this title; 

19 ‘‘(3) any offense which is punishable under the 

20 following sections of this title: sections 102, 112, 

21 121, 131 (relating to murder, assault, kidnapping, 

22 and threatening or retaliating against a Federal offi23 cial), section 123 (relating to hostage taking), , sec24 tions 211, 212, 213 and 214 (relating to transpor25 tation for illegal sexual activity and related crimes), 


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1 sections 221 (relating to sexual exploitation of chil2 dren), section 222 (relating to selling or buying of 

3 children), section 223 (certain activities relating to 

4 materials involving the sexual exploitation of chil5 dren and child pornography), section 311 (relating 

6 to false statements in passport applications), section 

7 312 (relating to forgery or false use of passports), 

8 section 313 (relating to misuse of passports), or sec9 tion 314 (relating to fraud and misuse of visas, per10 mits, and other documents), section 315 (relating to 

11 the procurement of citizenship or nationalization un12 lawfully), section 316 (relating to the sale of natu13 ralization or citizenship papers), section 501 (inter14 ference with commerce by threats or violence), sec15 tion 502 (interstate and foreign travel or transpor16 tation in aid of racketeering enterprises), 504 (offer, 

17 acceptance, or solicitation to influence operations of 

18 employee benefit plan), section 505 (prohibition of 

19 business enterprises of gambling), section 506 (relat20 ing to use of interstate commerce facilities in the 

21 commission of murder for hire), section 507 (relat22 ing to violent crimes in aid of racketeering activity), 

23 section section 513 (violations with respect to rack24 eteer influenced and corrupt organizations), section 

25 547 (theft from interstate shipment), section 571 


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1 (relating to arson), section 593 (relating to 

2 possesion of firearms and dangerous weapons in 

3 Federal facilities), section 601 (relating to prohib4 ited transactions involving nuclear materials), sub5 section (d), (e), (f), (g), (h), or (i) of section 614 

6 (unlawful use of explosives), section 621 (relating to 

7 biological weapons), section 624 (relating to variola 

8 virus), section 651 (embezzlement from pension and 

9 welfare funds), sections 671, 672, 673, and 674 

10 (interstate transportation of stolen property), section 

11 682 (relating to trafficking in certain motor vehicles 

12 or motor vehicle parts), section 779 (relating to 

13 loans and credit applications generally; renewals and 

14 discounts), a felony violation of section 783 (relating 

15 to production of false identification documentation), 

16 section 786 (relating to fraud and related activity in 

17 connection with access devices), a felony violation of 

18 section 787 (relating to computer fraud and abuse), 

19 section 801 (relating to mail fraud), section 803 

20 (fraud by wire, radio, or television), section 804 (re21 lating to bank fraud), section 924 (relating to con22 spiracy to kill, kidnap, maim, or injure persons or 

23 damage property in a foreign), section 991 (bribery 

24 of public officials and witnesses), section 1003 (re25 lating to bribery of bank officials), section 1005 


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1 (bribery in sporting contests), section 1071 (relating 

2 to escape), sections 1132, 1137, and 1138 (influ3 encing or injuring an officer, juror, or witness gen4 erally), section 1135 (obstruction of criminal inves5 tigations), section 1136 (obstruction of State or local 

6 law enforcement), section 1265 (sex trafficking of 

7 children by force, fraud, or coercion), section 1291 

8 (relating to torture); section 1301 (relating to de9 struction of aircraft or aircraft facilities), 1306 (re10 lating to violence at international airports), section 

11 1307 (relating to aircraft parts fraud), section 1302 

12 (relating to destruction of motor vehicles or motor 

13 vehicle facilities), section 1331 (relating to terrorist 

14 attacks and other violence against railroad carriers 

15 and against mass transportation systems on land, on 

16 water, or through the air), section 1451 (laundering 

17 of monetary instruments), section 1452 (relating to 

18 engaging in monetary transactions in property de19 rived from specified unlawful activity), section 1445 

20 (relating to child obscenity); 

21 ‘‘(4) any offense involving counterfeiting punish22 able under section 692, 693, or 694 of this title; 

23 ‘‘(5) any offense involving fraud connected with a 

24 case under title 11 or the manufacture, importation, 

25 receiving, concealment, buying, selling, or otherwise 


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1 dealing in narcotic drugs, marihuana, or other dan2 gerous drugs, punishable under any law of the 

3 United States; 

4 ‘‘(6) any offense including extortionate credit 

5 transactions under sections 155, 156, or 157 of this 

6 title; 

7 ‘‘(7) a violation of section 5322 (relating to the 

8 reporting of currency transactions) or 5324 (relating 

9 to structuring transactions to evade reporting re10 quirement prohibited) of title 31; 

11 ‘‘(8) any felony violation of sections 1492 and 

12 1493 (relating to interception and disclosure of cer13 tain communications and to certain intercepting de14 vices) of this title; 

15 ‘‘(9) any felony violation of subchapter F of chap16 ter 35 (relating to obscenity) of this title; 

17 ‘‘(10) any violation of section 60123(b) (relating 

18 to destruction of a natural gas pipeline) or section 

19 46502 (relating to aircraft piracy), the second sen20 tence of section 46504 (relating to assault on a 

21 flight crew with dangerous weapon), section 

22 46505(b)(3) or (c) (relating to explosive or incen23 diary devices, or endangerment of human life, by 

24 means of weapons on aircraft) of title 49; 


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1 ‘‘(11) any criminal violation of section 2778 of 

2 title 22 (relating to the Arms Export Control Act); 

3 ‘‘(12) the location of any fugitive from justice 

4 from an offense described in this section; 

5 ‘‘(13) the location of any fugitive from justice 

6 from an offense described in this section; 

7 ‘‘(14) a violation of section 274, 277, or 278 of 

8 the Immigration and Nationality Act (8 U.S.C. 

9 1324, 1327, or 1328) (relating to the smuggling of 

10 aliens); 

11 ‘‘(15) any felony violation of sections 582 and 

12 584; 

13 ‘‘(16) any violation of section 5861 of the Internal 

14 Revenue Code of 1986 (relating to firearms); 

15 ‘‘(17) a felony violation of section 783 (relating to 

16 production of false identification documents), section 

17 784 (relating to aggrivated identity theft), section 

18 311 (relating to false statements in passport applica19 tions), section 314 (relating to fraud and misuse of 

20 visas, permits, and other documents) of this title or 

21 a violation of section 274, 277, or 278 of the Immi22 gration and Nationality Act (relating to the smug23 gling of aliens); 

24 ‘‘(18) any criminal violation of section 631 (relat25 ing to chemical weapons); or sections 271, 273, 274, 


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1 275, 276, 278, 279, or 280 of this title (relating to 

2 terrorism); 

3 ‘‘(19) any criminal violation of section 1 (relating 

4 to illegal restraints of trade or commerce), 2 (relat5 ing to illegal monopolizing of trade or commerce), 3 

6 (relating to illegal restraints of trade or commerce in 

7 territories or the District of Columbia) of the Sher8 man Act (15 U.S.C. 1, 2, 3); or 

9 ‘‘(20) any conspiracy to commit any offense de10 scribed in any subparagraph of this paragraph. 

11 ‘‘(b) STATE PROSECUTORS.—The principal prosecuting 

12 attorney of any State, or the principal prosecuting attor13 ney of any political subdivision thereof, if such attorney 

14 is authorized by a statute of that State to make applica15 tion to a State court judge of competent jurisdiction for 

16 an order authorizing or approving the interception of wire, 

17 oral, or electronic communications, may apply to such 

18 judge for, and such judge may grant in conformity with 

19 section 2518 of this chapter and with the applicable State 

20 statute an order authorizing, or approving the interception 

21 of wire, oral, or electronic communications by investigative 

22 or law enforcement officers having responsibility for the 

23 investigation of the offense as to which the application is 

24 made, when such interception may provide or has provided 

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1 napping, gambling, robbery, bribery, extortion, or dealing 

2 in narcotic drugs, marihuana or other dangerous drugs, 

3 or other crime dangerous to life, limb, or property, and 

4 punishable by imprisonment for more than one year, des5 ignated in any applicable State statute authorizing such 

6 interception, or any conspiracy to commit any of the fore7 going offenses. 

8 ‘‘(c) INTERCEPTION FOR EVIDENCE OF FEDERAL

9 FELONIES.—Any attorney for the Government (as such 

10 term is defined for the purposes of the Federal Rules of 

11 Criminal Procedure) may authorize an application to a 

12 Federal judge of competent jurisdiction for, and such 

13 judge may grant, in conformity with section 3119C of this 

14 title, an order authorizing or approving the interception 

15 of electronic communications by an investigative or law en16 forcement officer having responsibility for the investiga17 tion of the offense as to which the application is made, 

18 when such interception may provide or has provided evi19 dence of any Federal felony. 

20 ‘‘§ 3119B. Authorization for disclosure and use of 

21 intercepted wire, oral, or electronic com22 munications 

23 ‘‘(a) DISCLOSURE TO INVESTIGATIVE OR LAW EN24 FORCEMENT OFFICERS.—Any investigative or law en25 forcement officer who, by any means authorized by this 


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1 chapter, has obtained knowledge of the contents of any 

2 wire, oral, or electronic communication, or evidence de3 rived therefrom, may disclose such contents to another in4 vestigative or law enforcement officer to the extent that 

5 such disclosure is appropriate to the proper performance 

6 of the official duties of the officer making or receiving the 

7 disclosure. 

8 ‘‘(b) USE OF CONTENTS IN PERFORMANCE OF DU9 TIES.—Any investigative or law enforcement officer who, 

10 by any means authorized by this chapter, has obtained 

11 knowledge of the contents of any wire, oral, or electronic 

12 communication or evidence derived therefrom may use 

13 such contents to the extent such use is appropriate to the 

14 proper performance of his official duties. 

15 ‘‘(c) USE OF CONTENTS IN TESTIMONY.—Any person 

16 who has received, by any means authorized by this chap17 ter, any information concerning a wire, oral, or electronic 

18 communication, or evidence derived therefrom intercepted 

19 in accordance with the provisions of this chapter may dis20 close the contents of that communication or such deriva21 tive evidence while giving testimony under oath or affirma22 tion in any proceeding held under the authority of the 

23 United States or of any State or political subdivision 

24 thereof. 


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1 ‘‘(d) PRIVELAGED CHARACTER.—No otherwise privi2 leged wire, oral, or electronic communication intercepted 

3 in accordance with, or in violation of, this chapter shall 

4 lose its privileged character. 

5 ‘‘(e) OFFENSES OTHER THAN THOSE SPECIFIED IN

6 THE ORDER.—When an investigative or law enforcement 

7 officer, while engaged in intercepting wire, oral, or elec8 tronic communications in the manner authorized herein, 

9 intercepts wire, oral, or electronic communications relating 

10 to offenses other than those specified in the order of au11 thorization or approval, the contents thereof, and evidence 

12 derived therefrom, may be disclosed or used as provided 

13 in subsections (a) and (b). Such contents and any evidence 

14 derived therefrom may be used under subsection (c) when 

15 authorized or approved by a judge of competent jurisdic16 tion where such judge finds on subsequent application that 

17 the contents were otherwise intercepted in accordance with 

18 this chapter. Such application shall be made as soon as 

19 practicable. 

20 ‘‘(f) DOMESTIC USE OF INTELLIGENCE AND COUNTER21 INTELLIGENCE INFORMATION.—Any investigative or law 

22 enforcement officer, or attorney for the Government, who 

23 by any means authorized by this chapter, has obtained 

24 knowledge of the contents of any wire, oral, or electronic 

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1 close such contents to any other Federal law enforcement, 

2 intelligence, protective, immigration, national defense, or 

3 national security official to the extent that such contents 

4 include foreign intelligence or counterintelligence (as de5 fined in section 3 of the National Security Act of 1947 

6 (50 U.S.C. 401a)), or foreign intelligence information (as 

7 defined in section 1491 of this title), to assist the official 

8 who is to receive that information in the performance of 

9 his official duties. Any Federal official who receives infor10 mation pursuant to this provision may use that informa11 tion only as necessary in the conduct of that person’s offi12 cial duties subject to any limitations on the unauthorized 

13 disclosure of such information. 

14 ‘‘(g) FORIEGN USE OF INTELLIGENCE AND COUNTER15 INTELLIGENCE INFORMATION.—Any investigative or law 

16 enforcement officer, or other Federal official in carrying 

17 out official duties as such Federal official, who by any 

18 means authorized by this chapter, has obtained knowledge 

19 of the contents of any wire, oral, or electronic communica20 tion, or evidence derived therefrom, may disclose such con21 tents or derivative evidence to a foreign investigative or 

22 law enforcement officer to the extent that such disclosure 

23 is appropriate to the proper performance of the official 

24 duties of the officer making or receiving the disclosure, 

25 and foreign investigative or law enforcement officers may 


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1 use or disclose such contents or derivative evidence to the 

2 extent such use or disclosure is appropriate to the proper 

3 performance of their official duties. 

4 ‘‘(h) DISCLOSURE FOR PUBLIC SAFETY PURPOSES.— 

5 Any investigative or law enforcement officer, or other Fed6 eral official in carrying out official duties as such Federal 

7 official, who by any means authorized by this chapter, has 

8 obtained knowledge of the contents of any wire, oral, or 

9 electronic communication, or evidence derived therefrom, 

10 may disclose such contents or derivative evidence to any 

11 appropriate Federal, State, local, or foreign government 

12 official to the extent that such contents or derivative evi13 dence reveals a threat of actual or potential attack or 

14 other grave hostile acts of a foreign power or an agent 

15 of a foreign power, domestic or international sabotage, do16 mestic or international terrorism, or clandestine intel17 ligence gathering activities by an intelligence service or 

18 network of a foreign power or by an agent of a foreign 

19 power, within the United States or elsewhere, for the pur20 pose of preventing or responding to such a threat. Any 

21 official who receives information pursuant to this provision 

22 may use that information only as necessary in the conduct 

23 of that person’s official duties subject to any limitations 

24 on the unauthorized disclosure of such information, and 

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1 tion pursuant to this provision may use that information 

2 only consistent with such guidelines as the Attorney Gen3 eral and Director of Central Intelligence shall jointly issue. 

4 ‘‘§ 3119C. Procedure for interception of wire, oral, or 

5 electronic communications 

6 ‘‘(a) APPLICATION.—Each application for an order au7 thorizing or approving the interception of a wire, oral, or 

8 electronic communication under this chapter shall be made 

9 in writing upon oath or affirmation to a judge of com10 petent jurisdiction and shall state the applicant’s authority 

11 to make such application. Each application shall include 

12 the following information: 

13 ‘‘(1) The identity of the investigative or law en14 forcement officer making the application, and the of15 ficer authorizing the application. 

16 ‘‘(2) A full and complete statement of the facts 

17 and circumstances relied upon by the applicant, to 

18 justify his belief that an order should be issued, in19 cluding (A) details as to the particular offense that 

20 has been, is being, or is about to be committed, (B) 

21 except as provided in subsection (11), a particular 

22 description of the nature and location of the facili23 ties from which or the place where the communica24 tion is to be intercepted, (C) a particular description 

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1 cepted, (D) the identity of the person, if known, 

2 committing the offense and whose communications 

3 are to be intercepted. 

4 ‘‘(3) A full and complete statement as to whether 

5 or not other investigative procedures have been tried 

6 and failed or why they reasonably appear to be un7 likely to succeed if tried or to be too dangerous. 

8 ‘‘(4) A statement of the period of time for which 

9 the interception is required to be maintained. If the 

10 nature of the investigation is such that the author11 ization for interception should not automatically ter12 minate when the described type of communication 

13 has been first obtained, a particular description of 

14 facts establishing probable cause to believe that ad15 ditional communications of the same type will occur 

16 thereafter. 

17 ‘‘(5) A full and complete statement of the facts 

18 concerning all previous applications known to the in19 dividual authorizing and making the application, 

20 made to any judge for authorization to intercept, or 

21 for approval of interceptions of, wire, oral, or elec22 tronic communications involving any of the same 

23 persons, facilities or places specified in the applica24 tion, and the action taken by the judge on each such 

25 application. 


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1 ‘‘(6) Where the application is for the extension of 

2 an order, a statement setting forth the results thus 

3 far obtained from the interception, or a reasonable 

4 explanation of the failure to obtain such results. 

5 ‘‘(b) ADDITIONAL TESTIMONY OR DOCUMENTARY EVI6 DENCE.—The judge may require the applicant to furnish 

7 additional testimony or documentary evidence in support 

8 of the application. 

9 ‘‘(c) EX PARTE ORDER.—Upon such application the 

10 judge may enter an ex parte order, as requested or as 

11 modified, authorizing or approving interception of wire, 

12 oral, or electronic communications within the territorial 

13 jurisdiction of the court in which the judge is sitting (and 

14 outside that jurisdiction but within the United States in 

15 the case of a mobile interception device authorized by a 

16 Federal court within such jurisdiction), if the judge deter17 mines on the basis of the facts submitted by the applicant 

18 that— 

19 ‘‘(1) there is probable cause for belief that an in20 dividual is committing, has committed, or is about to 

21 commit a particular offense enumerated in section 

22 3119A of this chapter; 

23 ‘‘(2) there is probable cause for belief that par24 ticular communications concerning that offense will 

25 be obtained through such interception; 


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1 ‘‘(3) normal investigative procedures have been 

2 tried and have failed or reasonably appear to be un3 likely to succeed if tried or to be too dangerous; and 

4 ‘‘(4) except as provided in subsection (k), there is 

5 probable cause for belief that the facilities from 

6 which, or the place where, the wire, oral, or elec7 tronic communications are to be intercepted are 

8 being used, or are about to be used, in connection 

9 with the commission of such offense, or are leased 

10 to, listed in the name of, or commonly used by such 

11 person. 

12 ‘‘(d) CONTENTS OF ORDER.—Each order authorizing or 

13 approving the interception of any wire, oral, or electronic 

14 communication under this chapter shall specify— 

15 ‘‘(1) the identity of the person, if known, whose 

16 communications are to be intercepted; 

17 ‘‘(2) the nature and location of the communica18 tions facilities as to which, or the place where, au19 thority to intercept is granted; 

20 ‘‘(3) a particular description of the type of com21 munication sought to be intercepted, and a state22 ment of the particular offense to which it relates; 

23 ‘‘(4) the identity of the agency authorized to 

24 intercept the communications, and of the person au25 thorizing the application; and 


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1 ‘‘(5) the period of time during which such inter2 ception is authorized, including a statement as to 

3 whether or not the interception shall automatically 

4 terminate when the described communication has 

5 been first obtained. 

6 An order authorizing the interception of a wire, oral, or 

7 electronic communication under this chapter shall, upon 

8 request of the applicant, direct that a provider of wire or 

9 electronic communication service, landlord, custodian or 

10 other person shall furnish the applicant forthwith all infor11 mation, facilities, and technical assistance necessary to ac12 complish the interception unobtrusively and with a min13 imum of interference with the services that such service 

14 provider, landlord, custodian, or person is according the 

15 person whose communications are to be intercepted. Any 

16 provider of wire or electronic communication service, land17 lord, custodian or other person furnishing such facilities 

18 or technical assistance shall be compensated therefor by 

19 the applicant for reasonable expenses incurred in pro20 viding such facilities or assistance. Pursuant to section 

21 2522 of this chapter, an order may also be issued to en22 force the assistance capability and capacity requirements 

23 under the Communications Assistance for Law Enforce24 ment Act. 


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1 ‘‘(e) LIMITATIONS ON ORDERS.—No order entered 

2 under this section may authorize or approve the intercep3 tion of any wire, oral, or electronic communication for any 

4 period longer than is necessary to achieve the objective 

5 of the authorization, nor in any event longer than thirty 

6 days. Such thirty-day period begins on the earlier of the 

7 day on which the investigative or law enforcement officer 

8 first begins to conduct an interception under the order or 

9 ten days after the order is entered. Extensions of an order 

10 may be granted, but only upon application for an exten11 sion made in accordance with subsection (1) of this section 

12 and the court making the findings required by subsection 

13 (3) of this section. The period of extension shall be no 

14 longer than the authorizing judge deems necessary to 

15 achieve the purposes for which it was granted and in no 

16 event for longer than thirty days. Every order and exten17 sion thereof shall contain a provision that the authoriza18 tion to intercept shall be executed as soon as practicable, 

19 shall be conducted in such a way as to minimize the inter20 ception of communications not otherwise subject to inter21 ception under this chapter, and must terminate upon at22 tainment of the authorized objective, or in any event in 

23 thirty days. In the event the intercepted communication 

24 is in a code or foreign language, and an expert in that 

25 foreign language or code is not reasonably available during 


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1 the interception period, minimization may be accomplished 

2 as soon as practicable after such interception. An intercep3 tion under this chapter may be conducted in whole or in 

4 part by Government personnel, or by an individual oper5 ating under a contract with the Government, acting under 

6 the supervision of an investigative or law enforcement offi7 cer authorized to conduct the interception. 

8 ‘‘(f) REPORTS TO ISSUING JUDGE.—Whenever an order 

9 authorizing interception is entered pursuant to this chap10 ter, the order may require reports to be made to the judge 

11 who issued the order showing what progress has been 

12 made toward achievement of the authorized objective and 

13 the need for continued interception. Such reports shall be 

14 made at such intervals as the judge may require. 

15 ‘‘(g) EMERGENCY SITUATIONS.—Notwithstanding any 

16 other provision of this chapter, any investigative or law 

17 enforcement officer, specially designated by the Attorney 

18 General, the Deputy Attorney General, the Associate At19 torney General, or by the principal prosecuting attorney 

20 of any State or subdivision thereof acting pursuant to a 

21 statute of that State, who reasonably determines that— 

22 ‘‘(1) an emergency situation exists that involves— 

23 ‘‘(A) immediate danger of death or serious 

24 physical injury to any person, 


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1 ‘‘(B) conspiratorial activities threatening the 

2 national security interest, or 

3 ‘‘(C) conspiratorial activities characteristic of 

4 organized crime, 

5 that requires a wire, oral, or electronic communica6 tion to be intercepted before an order authorizing 

7 such interception can, with due diligence, be ob8 tained, and 

9 ‘‘(2) there are grounds upon which an order could 

10 be entered under this chapter to authorize such 

11 interception, 

12 may intercept such wire, oral, or electronic communication 

13 if an application for an order approving the interception 

14 is made in accordance with this section within forty-eight 

15 hours after the interception has occurred, or begins to 

16 occur. In the absence of an order, such interception shall 

17 immediately terminate when the communication sought is 

18 obtained or when the application for the order is denied, 

19 whichever is earlier. In the event such application for ap20 proval is denied, or in any other case where the intercep21 tion is terminated without an order having been issued, 

22 the contents of any wire, oral, or electronic communication 

23 intercepted shall be treated as having been obtained in vio24 lation of this chapter, and an inventory shall be served 


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1 as provided for in subsection (d) of this section on the 

2 person named in the application. 

3 ‘‘(h) RECORDING OF INTERCEPTION.—(1) The contents 

4 of any wire, oral, or electronic communication intercepted 

5 by any means authorized by this chapter shall, if possible, 

6 be recorded on tape or wire or other comparable device. 

7 The recording of the contents of any wire, oral, or elec8 tronic communication under this subsection shall be done 

9 in such a way as will protect the recording from editing 

10 or other alterations. Immediately upon the expiration of 

11 the period of the order, or extensions thereof, such record12 ings shall be made available to the judge issuing such 

13 order and sealed under his directions. Custody of the re14 cordings shall be wherever the judge orders. They shall 

15 not be destroyed except upon an order of the issuing or 

16 denying judge and in any event shall be kept for ten years. 

17 Duplicate recordings may be made for use or disclosure 

18 pursuant to the provisions of subsections (1) and (2) of 

19 section 3119B of this chapter for investigations. The pres20 ence of the seal provided for by this subsection, or a satis21 factory explanation for the absence thereof, shall be a pre22 requisite for the use or disclosure of the contents of any 

23 wire, oral, or electronic communication or evidence derived 

24 therefrom under subsection (3) of section 3119B. 


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1 ‘‘(2) Applications made and orders granted under this 

2 chapter shall be sealed by the judge. Custody of the appli3 cations and orders shall be wherever the judge directs. 

4 Such applications and orders shall be disclosed only upon 

5 a showing of good cause before a judge of competent juris6 diction and shall not be destroyed except on order of the 

7 issuing or denying judge, and in any event shall be kept 

8 for ten years. 

9 ‘‘(3) Any violation of the provisions of this subsection 

10 may be punished as contempt of the issuing or denying 

11 judge. 

12 ‘‘(4) Within a reasonable time but not later than ninety 

13 days after the filing of an application for an order of ap14 proval under section 3119C(7)(b) which is denied or the 

15 termination of the period of an order or extensions thereof, 

16 the issuing or denying judge shall cause to be served, on 

17 the persons named in the order or the application, and 

18 such other parties to intercepted communications as the 

19 judge may determine in his discretion that is in the inter20 est of justice, an inventory which shall include notice of— 

21 ‘‘(A) the fact of the entry of the order or the ap22 plication; 

23 ‘‘(B) the date of the entry and the period of au24 thorized, approved or disapproved interception, or 

25 the denial of the application; and 


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1 ‘‘(C) the fact that during the period wire, oral, or 

2 electronic communications were or were not inter3 cepted. 

4 The judge, upon the filing of a motion, may in his 

5 discretion make available to such person or his coun6 sel for inspection such portions of the intercepted 

7 communications, applications and orders as the 

8 judge determines to be in the interest of justice. On 

9 an ex parte showing of good cause to a judge of 

10 competent jurisdiction the serving of the inventory 

11 required by this subsection may be postponed. 

12 ‘‘(i) EXCLUSION AS EVIDENCE.—The contents of any 

13 wire, oral, or electronic communication intercepted pursu14 ant to this chapter or evidence derived therefrom shall not 

15 be received in evidence or otherwise disclosed in any trial, 

16 hearing, or other proceeding in a Federal or State court 

17 unless each party, not less than ten days before the trial, 

18 hearing, or proceeding, has been furnished with a copy of 

19 the court order, and accompanying application, under 

20 which the interception was authorized or approved. This 

21 ten-day period may be waived by the judge if he finds that 

22 it was not possible to furnish the party with the above 

23 information ten days before the trial, hearing, or pro24 ceeding and that the party will not be prejudiced by the 

25 delay in receiving such information. 


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1 ‘‘(j) MOVE TO SUPPRESS.—(1) Any aggrieved person 

2 in any trial, hearing, or proceeding in or before any court, 

3 department, officer, agency, regulatory body, or other au4 thority of the United States, a State, or a political subdivi5 sion thereof, may move to suppress the contents of any 

6 wire or oral communication intercepted pursuant to this 

7 chapter, or evidence derived therefrom, on the grounds 

8 that— 

9 ‘‘(A) the communication was unlawfully inter10 cepted; 

11 ‘‘(B) the order of authorization or approval under 

12 which it was intercepted is insufficient on its face; 

13 or 

14 ‘‘(C) the interception was not made in conformity 

15 with the order of authorization or approval. 

16 Such motion shall be made before the trial, hearing, 

17 or proceeding unless there was no opportunity to 

18 make such motion or the person was not aware of 

19 the grounds of the motion. If the motion is granted, 

20 the contents of the intercepted wire or oral commu21 nication, or evidence derived therefrom, shall be 

22 treated as having been obtained in violation of this 

23 chapter. The judge, upon the filing of such motion 

24 by the aggrieved person, may in his discretion make 

25 available to the aggrieved person or his counsel for 


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1 inspection such portions of the intercepted commu2 nication or evidence derived therefrom as the judge 

3 determines to be in the interests of justice. 

4 ‘‘(2) In addition to any other right to appeal, the United 

5 States shall have the right to appeal from an order grant6 ing a motion to suppress made under paragraph (1), or 

7 the denial of an application for an order of approval, if 

8 the United States attorney shall certify to the judge or 

9 other official granting such motion or denying such appli10 cation that the appeal is not taken for purposes of delay. 

11 Such appeal shall be taken within thirty days after the 

12 date the order was entered and shall be diligently pros13 ecuted. 

14 ‘‘(3) The remedies and sanctions described in this chap15 ter with respect to the interception of electronic commu16 nications are the only judicial remedies and sanctions for 

17 nonconstitutional violations of this chapter involving such 

18 communications. 

19 ‘‘(k) EXCEPTION TO SPECIFICATION OF FACILITY RE20 QUIREMENTS.—The requirements of subsections (a)(2)(B) 

21 and (c)(4) relating to the specification of the facilities 

22 from which, or the place where, the communication is to 

23 be intercepted do not apply if— 

24 ‘‘(1) in the case of an application with respect to 

25 the interception of an oral communication— 


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1 ‘‘(A) the application is by a Federal inves2 tigative or law enforcement officer and is ap3 proved by the Attorney General, the Deputy At4 torney General, the Associate Attorney General, 

5 an Assistant Attorney General, or an acting As6 sistant Attorney General; 

7 ‘‘(B) the application contains a full and com8 plete statement as to why such specification is 

9 not practical and identifies the person commit10 ting the offense and whose communications are 

11 to be intercepted; and 

12 ‘‘(C) the judge finds that such specification is 

13 not practical; and 

14 ‘‘(2) in the case of an application with respect to 

15 a wire or electronic communication— 

16 ‘‘(A) the application is by a Federal inves17 tigative or law enforcement officer and is ap18 proved by the Attorney General, the Deputy At19 torney General, the Associate Attorney General, 

20 an Assistant Attorney General, or an acting As21 sistant Attorney General; 

22 ‘‘(B) the application identifies the person be23 lieved to be committing the offense and whose 

24 communications are to be intercepted and the 

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1 able cause to believe that the person’s actions 

2 could have the effect of thwarting interception 

3 from a specified facility; 

4 ‘‘(C) the judge finds that such showing has 

5 been adequately made; and 

6 ‘‘(D) the order authorizing or approving the 

7 interception is limited to interception only for 

8 such time as it is reasonable to presume that 

9 the person identified in the application is or 

10 was reasonably proximate to the instrument 

11 through which such communication will be or 

12 was transmitted. 

13 ‘‘(l) BEGINNING OF CERTAIN INTERCEPTIONS.—An 

14 interception of a communication under an order with re15 spect to which the requirements of subsections (a)(2)(B) 

16 and (c)(4) of this section do not apply by reason of sub17 section (k)(1) shall not begin until the place where the 

18 communication is to be intercepted is ascertained by the 

19 person implementing the interception order. A provider of 

20 wire or electronic communications service that has re21 ceived an order as provided for in subsection (k)(2) may 

22 move the court to modify or quash the order on the ground 

23 that its assistance with respect to the interception cannot 

24 be performed in a timely or reasonable fashion. The court, 


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1 upon notice to the government, shall decide such a motion 

2 expeditiously. 

3 ‘‘§ 3119D. Reports concerning intercepted wire, oral, 

4 or electronic communications 

5 ‘‘(a) 30 DAYS AFTER EXPIRATION OF ORDER.—Within 

6 30 days after the expiration of an order (or each extension 

7 thereof) entered under section 3119C, or the denial of an 

8 order approving an interception, the issuing or denying 

9 judge shall report to the Administrative Office of the 

10 United States Courts— 

11 ‘‘(1) the fact that an order or extension was ap12 plied for; 

13 ‘‘(2) the kind of order or extension applied for (in14 cluding whether or not the order was an order with 

15 respect to which the requirements of sections 

16 1498(1)(b)(ii) and 1498(3)(d) of this title did not 

17 apply by reason of section 3119C(3)(d) of this title); 

18 ‘‘(3) the fact that the order or extension was 

19 granted as applied for, was modified, or was denied; 

20 ‘‘(4) the period of interceptions authorized by the 

21 order, and the number and duration of any exten22 sions of the order; 

23 ‘‘(5) the offense specified in the order or applica24 tion, or extension of an order; 


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1 ‘‘(6) the identity of the applying investigative or 

2 law enforcement officer and agency making the ap3 plication and the person authorizing the application; 

4 and 

5 ‘‘(7) the nature of the facilities from which or the 

6 place where communications were to be intercepted. 

7 ‘‘(b) ANNUAL JUSTICE DEPARTMENT REPORT.—In 

8 January of each year the Attorney General, an Assistant 

9 Attorney General specially designated by the Attorney 

10 General, or the principal prosecuting attorney of a State, 

11 or the principal prosecuting attorney for any political sub12 division of a State, shall report to the Administrative Of13 fice of the United States Courts— 

14 ‘‘(1) the information required by paragraphs (a) 

15 through (g) of subsection (1) of this section with re16 spect to each application for an order or extension 

17 made during the preceding calendar year; 

18 ‘‘(2) a general description of the interceptions 

19 made under such order or extension, including (i) 

20 the approximate nature and frequency of incrimi21 nating communications intercepted, (ii) the approxi22 mate nature and frequency of other communications 

23 intercepted, (iii) the approximate number of persons 

24 whose communications were intercepted, (iv) the 

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1 tered and whether such encryption prevented law en2 forcement from obtaining the plain text of commu3 nications intercepted pursuant to such order, and (v) 

4 the approximate nature, amount, and cost of the 

5 manpower and other resources used in the intercep6 tions; 

7 ‘‘(3) the number of arrests resulting from inter8 ceptions made under such order or extension, and 

9 the offenses for which arrests were made; 

10 ‘‘(4) the number of trials resulting from such 

11 interceptions; 

12 ‘‘(5) the number of motions to suppress made 

13 with respect to such interceptions, and the number 

14 granted or denied; 

15 ‘‘(6) the number of convictions resulting from 

16 such interceptions and the offenses for which the 

17 convictions were obtained and a general assessment 

18 of the importance of the interceptions; and 

19 ‘‘(7) the information required by paragraphs (b) 

20 through (f) of this subsection with respect to orders 

21 or extensions obtained in a preceding calendar year. 

22 ‘‘(c) REPORT TO CONGRESS.—In April of each year the 

23 Director of the Administrative Office of the United States 

24 Courts shall transmit to the Congress a full and complete 

25 report concerning the number of applications for orders 


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1 authorizing or approving the interception of wire, oral, or 

2 electronic communications pursuant to this chapter and 

3 the number of orders and extensions granted or denied 

4 pursuant to this chapter during the preceding calendar 

5 year. Such report shall include a summary and analysis 

6 of the data required to be filed with the Administrative 

7 Office by subsections (a) and (b) of this section. The Di8 rector of the Administrative Office of the United States 

9 Courts is authorized to issue binding regulations dealing 

10 with the content and form of the reports required to be 

11 filed by subsections (a) and (b). 

12 ‘‘§ 3119E. Recovery of civil damages authorized 

13 ‘‘(a) IN GENERAL.—Except as provided in section 

14 1492(2)(a)(ii), any person whose wire, oral, or electronic 

15 communication is intercepted, disclosed, or intentionally 

16 used in violation of subchapter B of chapter 37 may in 

17 a civil action recover from the person or entity, other than 

18 the United States, which engaged in that violation such 

19 relief as may be appropriate. 

20 ‘‘(b) RELIEF.—In an action under this section, appro21 priate relief includes— 

22 ‘‘(1) such preliminary and other equitable or de23 claratory relief as may be appropriate; 

24 ‘‘(2) damages under subsection (c) and punitive 

25 damages in appropriate cases; and 


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1 ‘‘(3) a reasonable attorney’s fee and other litiga2 tion costs reasonably incurred. 

3 ‘‘(c) COMPUTATION OF DAMAGES.—(1) In an action 

4 under this section, if the conduct in violation of this chap5 ter is the private viewing of a private satellite video com6 munication that is not scrambled or encrypted or if the 

7 communication is a radio communication that is trans8 mitted on frequencies allocated under subpart D of part 

9 74 of the rules of the Federal Communications Commis10 sion that is not scrambled or encrypted and the conduct 

11 is not for a tortious or illegal purpose or for purposes of 

12 direct or indirect commercial advantage or private com13 mercial gain, then the court shall assess damages as fol14 lows: 

15 ‘‘(A) If the person who engaged in that conduct 

16 has not previously been enjoined under section 1492, 

17 and has not been found liable in a prior civil action 

18 under this section, the court shall assess the greater 

19 of the sum of actual damages suffered by the plain20 tiff, or statutory damages of not less than $50 and 

21 not more than $500. 

22 ‘‘(B) If, on one prior occasion, the person who en23 gaged in that conduct has been enjoined under sec24 tion 2511(5) or has been found liable in a civil ac25 tion under this section, the court shall assess the 


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1 greater of the sum of actual damages suffered by 

2 the plaintiff, or statutory damages of not less than 

3 $100 and not more than $1000. 

4 ‘‘(2) In any other action under this section, the court 

5 may assess as damages whichever is the greater of— 

6 ‘‘(A) the sum of the actual damages suffered by 

7 the plaintiff and any profits made by the violator as 

8 a result of the violation; or 

9 ‘‘(B) statutory damages of whichever is the great10 er of $100 a day for each day of violation or 

11 $10,000. 

12 ‘‘(d) DEFENSE.—A good faith reliance on— 

13 ‘‘(1) a court warrant or order, a grand jury sub14 poena, a legislative authorization, or a statutory au15 thorization; 

16 ‘‘(2) a request of an investigative or law enforce17 ment officer under section 3119C(7) of this title; or 

18 ‘‘(3) a good faith determination that section 

19 1492(3) or 2511(2)(i) of this title permitted the con20 duct complained of; 

21 is a complete defense against any civil or criminal action 

22 brought under this chapter or any other law. 

23 ‘‘(e) LIMITATION.—A civil action under this section may 

24 not be commenced later than two years after the date 


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1 upon which the claimant first has a reasonable oppor2 tunity to discover the violation. 

3 ‘‘(f) ADMINISTRATIVE DISCIPLINE.—If a court or ap4 propriate department or agency determines that the 

5 United States or any of its departments or agencies has 

6 violated any provision of this chapter, and the court or 

7 appropriate department or agency finds that the cir8 cumstances surrounding the violation raise serious ques9 tions about whether or not an officer or employee of the 

10 United States acted willfully or intentionally with respect 

11 to the violation, the department or agency shall, upon re12 ceipt of a true and correct copy of the decision and find13 ings of the court or appropriate department or agency 

14 promptly initiate a proceeding to determine whether dis15 ciplinary action against the officer or employee is war16 ranted. If the head of the department or agency involved 

17 determines that disciplinary action is not warranted, he 

18 or she shall notify the Inspector General with jurisdiction 

19 over the department or agency concerned and shall provide 

20 the Inspector General with the reasons for such deter21 mination. 

22 ‘‘(g) IMPROPER DISCLOSURE IS VIOLATION.—Any will23 ful disclosure or use by an investigative or law enforce24 ment officer or governmental entity of information beyond 


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1 the extent permitted by section 2517 is a violation of this 

2 chapter for purposes of subsection (a). 

3 ‘‘§ 3119F. Injunction against illegal interception 

4 ‘‘Whenever it shall appear that any person is engaged 

5 or is about to engage in any act which constitutes or will 

6 constitute a felony violation of this chapter, the Attorney 

7 General may initiate a civil action in a district court of 

8 the United States to enjoin such violation. The court shall 

9 proceed as soon as practicable to the hearing and deter10 mination of such an action, and may, at any time before 

11 final determination, enter such a restraining order or pro12 hibition, or take such other action, as is warranted to pre13 vent a continuing and substantial injury to the United 

14 States or to any person or class of persons for whose pro15 tection the action is brought. A proceeding under this sec16 tion is governed by the Federal Rules of Civil Procedure, 

17 except that, if an indictment has been returned against 

18 the respondent, discovery is governed by the Federal Rules 

19 of Criminal Procedure. 

20 ‘‘§ 3119G. Enforcement of the Communications As21 sistance for Law Enforcement Act 

22 ‘‘(a) ENFORCEMENT BY COURT ISSUING SURVEIL23 LANCE ORDER.—If a court authorizing an interception 

24 under this chapter, a State statute, or the Foreign Intel25 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 


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1 or authorizing use of a pen register or a trap and trace 

2 device under chapter 206 or a State statute finds that a 

3 telecommunications carrier has failed to comply with the 

4 requirements of the Communications Assistance for Law 

5 Enforcement Act, the court may, in accordance with sec6 tion 108 of such Act, direct that the carrier comply forth7 with and may direct that a provider of support services 

8 to the carrier or the manufacturer of the carrier’s trans9 mission or switching equipment furnish forthwith modi10 fications necessary for the carrier to comply. 

11 ‘‘(b) ENFORCEMENT UPON APPLICATION BY ATTORNEY

12 GENERAL.—The Attorney General may, in a civil action 

13 in the appropriate United States district court, obtain an 

14 order, in accordance with section 108 of the Communica15 tions Assistance for Law Enforcement Act, directing that 

16 a telecommunications carrier, a manufacturer of tele17 communications transmission or switching equipment, or 

18 a provider of telecommunications support services comply 

19 with such Act. 

20 ‘‘(c) CIVIL PENALTY.— 

21 ‘‘(1) IN GENERAL.—A court issuing an order 

22 under this section against a telecommunications car23 rier, a manufacturer of telecommunications trans24 mission or switching equipment, or a provider of 

25 telecommunications support services may impose a 


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1 civil penalty of up to $10,000 per day for each day 

2 in violation after the issuance of the order or after 

3 such future date as the court may specify. 

4 ‘‘(2) CONSIDERATIONS.—In determining whether 

5 to impose a civil penalty and in determining its 

6 amount, the court shall take into account— 

7 ‘‘(A) the nature, circumstances, and extent of 

8 the violation; 

9 ‘‘(B) the violator’s ability to pay, the viola10 tor’s good faith efforts to comply in a timely 

11 manner, any effect on the violator’s ability to 

12 continue to do business, the degree of culpa13 bility, and the length of any delay in under14 taking efforts to comply; and 

15 ‘‘(C) such other matters as justice may re16 quire. 

17 ‘‘(d) DEFINITIONS.—As used in this section, the terms 

18 defined in section 102 of the Communications Assistance 

19 for Law Enforcement Act have the meanings provided, re20 spectively, in such section. 

21 ‘‘§ 3119H. Definitions 

22 ‘‘Unless otherwise provided, a term defined for the 

23 purposes of subchapter B of chapter 37 shall have the 

24 same meaning for the purposes of this chapter. 


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1 ‘‘CHAPTER 206B—PROCEDURAL AND RE2 LATED PROVISIONS PERTAINING TO 

3 STORED COMMUNICATIONS 

‘‘Sec. 

‘‘3120. Voluntary disclosure of customer communications or records. 

‘‘3120A. Required disclosure of customer communications or records. 

‘‘3120B. Backup preservation. 

‘‘3120C. Delayed notice. 

‘‘3120D. Cost reimbursement. 

‘‘3120E. Civil action. 

‘‘3120F. Exclusivity of remedies. 

‘‘3120G. Counterintelligence access to telephone toll and transactional records. 

‘‘3120H. Wrongful disclosure of video tape rental or sale records. 

‘‘3120I. Definitions for chapter. 

‘‘3120J. Civil actions against the United States. 

4 ‘‘§ 3120. Voluntary disclosure of customer commu5 nications or records 

6 ‘‘(a) PROHIBITIONS.—Except as provided in subsection 

7 (b)— 

8 ‘‘(1) a person or entity providing an electronic 

9 communication service to the public shall not know10 ingly divulge to any person or entity the contents of 

11 a communication while in electronic storage by that 

12 service; and 

13 ‘‘(2) a person or entity providing remote com14 puting service to the public shall not knowingly di15 vulge to any person or entity the contents of any 

16 communication which is carried or maintained on 

17 that service— 

18 ‘‘(A) on behalf of, and received by means of 

19 electronic transmission from (or created by 


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1 means of computer processing of communica2 tions received by means of electronic trans3 mission from), a subscriber or customer of such 

4 service; 

5 ‘‘(B) solely for the purpose of providing stor6 age or computer processing services to such 

7 subscriber or customer, if the provider is not 

8 authorized to access the contents of any such 

9 communications for purposes of providing any 

10 services other than storage or computer proc11 essing; and 

12 ‘‘(3) a provider of remote computing service or 

13 electronic communication service to the public shall 

14 not knowingly divulge a record or other information 

15 pertaining to a subscriber to or customer of such 

16 service (not including the contents of communica17 tions covered by paragraph (1) or (2)) to any gov18 ernmental entity. 

19 ‘‘(b) EXCEPTIONS FOR DISCLOSURE OF COMMUNICA20 TIONS.—A provider described in subsection (a) may di21 vulge the contents of a communication— 

22 ‘‘(1) to an addressee or intended recipient of such 

23 communication or an agent of such addressee or in24 tended recipient; 


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1 ‘‘(2) as otherwise authorized in section 3119B, 

2 1492, or 1523 of this title; 

3 ‘‘(3) with the lawful consent of the originator or 

4 an addressee or intended recipient of such commu5 nication, or the subscriber in the case of remote 

6 computing service; 

7 ‘‘(4) to a person employed or authorized or whose 

8 facilities are used to forward such communication to 

9 its destination; 

10 ‘‘(5) as may be necessarily incident to the ren11 dition of the service or to the protection of the rights 

12 or property of the provider of that service; 

13 ‘‘(6) to the National Center for Missing and Ex14 ploited Children, in connection with a report sub15 mitted thereto under section 227 of the Victims of 

16 Child Abuse Act of 1990 (42 U.S.C. 13032); 

17 ‘‘(7) to a law enforcement agency if the con18 tents— 

19 ‘‘(A) were inadvertently obtained by the serv20 ice provider; and 

21 ‘‘(B) appear to pertain to the commission of 

22 a crime; and 

23 ‘‘(8) to a Federal, State, or local governmental en24 tity, if the provider, in good faith, believes that an 

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1 ical injury to any person requires disclosure without 

2 delay of communications relating to the emergency. 

3 ‘‘(c) EXCEPTIONS FOR DISCLOSURE OF CUSTOMER

4 RECORDS.—A provider described in subsection (a) may di5 vulge a record or other information pertaining to a sub6 scriber to or customer of such service (not including the 

7 contents of communications covered by subsection (a)(1) 

8 or (a)(2))— 

9 ‘‘(1) as otherwise authorized in section 3120A; 

10 ‘‘(2) with the lawful consent of the customer or 

11 subscriber; 

12 ‘‘(3) as may be necessarily incident to the ren13 dition of the service or to the protection of the rights 

14 or property of the provider of that service; 

15 ‘‘(4) to a governmental entity, if the provider rea16 sonably believes that an emergency involving imme17 diate danger of death or serious physical injury to 

18 any person justifies disclosure of the information; 

19 ‘‘(5) to the National Center for Missing and Ex20 ploited Children, in connection with a report sub21 mitted thereto under section 227 of the Victims of 

22 Child Abuse Act of 1990 (42 U.S.C. 13032); or 

23 ‘‘(6) to any person other than a governmental en24 tity. 


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1 ‘‘§ 3120A. Required disclosure of customer commu2 nications or records 

3 ‘‘(a) CONTENTS OF WIRE OR ELECTRONIC COMMU4 NICATIONS IN ELECTRONIC STORAGE.—A governmental 

5 entity may require the disclosure by a provider of elec6 tronic communication service of the contents of a wire or 

7 electronic communication, that is in electronic storage in 

8 an electronic communications system for one hundred and 

9 eighty days or less, only pursuant to a warrant issued 

10 using the procedures described in the Federal Rules of 

11 Criminal Procedure by a court with jurisdiction over the 

12 offense under investigation or equivalent State warrant. 

13 A governmental entity may require the disclosure by a pro14 vider of electronic communications services of the contents 

15 of a wire or electronic communication that has been in 

16 electronic storage in an electronic communications system 

17 for more than one hundred and eighty days by the means 

18 available under subsection (b) of this section. 

19 ‘‘(b) CONTENTS OF WIRE OR ELECTRONIC COMMU20 NICATIONS IN A REMOTE COMPUTING SERVICE.—(1) A 

21 governmental entity may require a provider of remote 

22 computing service to disclose the contents of any wire or 

23 electronic communication to which this paragraph is made 

24 applicable by paragraph (2) of this subsection— 

25 ‘‘(A) without required notice to the subscriber or 

26 customer, if the governmental entity obtains a warVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00736 Fmt 6652 Sfmt 6201 E:\BILLS\H1772.IH H1772

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1 rant issued using the procedures described in the 

2 Federal Rules of Criminal Procedure by a court with 

3 jurisdiction over the offense under investigation or 

4 equivalent State warrant; or 

5 ‘‘(B) with prior notice from the governmental en6 tity to the subscriber or customer if the govern7 mental entity— 

8 ‘‘(i) uses an administrative subpoena author9 ized by a Federal or State statute or a Federal 

10 or State grand jury or trial subpoena; or 

11 ‘‘(ii) obtains a court order for such disclosure 

12 under subsection (d) of this section; 

13 except that delayed notice may be given pursuant to 

14 section 3120C of this title. 

15 ‘‘(2) Paragraph (1) is applicable with respect to any 

16 wire or electronic communication that is held or main17 tained on that service— 

18 ‘‘(A) on behalf of, and received by means of elec19 tronic transmission from (or created by means of 

20 computer processing of communications received by 

21 means of electronic transmission from), a subscriber 

22 or customer of such remote computing service; and 

23 ‘‘(B) solely for the purpose of providing storage or 

24 computer processing services to such subscriber or 

25 customer, if the provider is not authorized to access 


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1 the contents of any such communications for pur2 poses of providing any services other than storage or 

3 computer processing. 

4 ‘‘(c) RECORDS CONCERNING ELECTRONIC COMMUNICA5 TION SERVICE OR REMOTE COMPUTING SERVICE.—(1) 

6 governmental entity may require a provider of electronic 

7 communication service or remote computing service to dis8 close a record or other information pertaining to a sub9 scriber to or customer of such service (not including the 

10 contents of communications) only when the governmental 

11 entity— 

12 ‘‘(A) obtains a warrant issued using the proce13 dures described in the Federal Rules of Criminal 

14 Procedure by a court with jurisdiction over the of15 fense under investigation or equivalent State war16 rant; 

17 ‘‘(B) obtains a court order for such disclosure 

18 under subsection (d) of this section; 

19 ‘‘(C) has the consent of the subscriber or cus20 tomer to such disclosure; 

21 ‘‘(D) submits a formal written request relevant to 

22 a law enforcement investigation concerning tele23 marketing fraud for the name, address, and place of 

24 business of a subscriber or customer of such pro25 vider, which subscriber or customer is engaged in 


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1 telemarketing (as such term is defined in section 

2 2325 of this title); or 

3 ‘‘(E) seeks information under paragraph (2). 

4 ‘‘(2) A provider of electronic communication service or 

5 remote computing service shall disclose to a governmental 

6 entity the— 

7 ‘‘(A) name; 

8 ‘‘(B) address; 

9 ‘‘(C) local and long distance telephone connection 

10 records, or records of session times and durations; 

11 ‘‘(D) length of service (including start date) and 

12 types of service utilized; 

13 ‘‘(E) telephone or instrument number or other 

14 subscriber number or identity, including any tempo15 rarily assigned network address; and 

16 ‘‘(F) means and source of payment for such serv17 ice (including any credit card or bank account num18 ber), 

19 of a subscriber to or customer of such service when the 

20 governmental entity uses an administrative subpoena au21 thorized by a Federal or State statute or a Federal or 

22 State grand jury or trial subpoena or any means available 

23 under paragraph (1). 


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1 ‘‘(3) A governmental entity receiving records or infor2 mation under this subsection is not required to provide 

3 notice to a subscriber or customer. 

4 ‘‘(d) REQUIREMENTS FOR COURT ORDER.—A court 

5 order for disclosure under subsection (b) or (c) may be 

6 issued by any court that is a court of competent jurisdic7 tion and shall issue only if the governmental entity offers 

8 specific and articulable facts showing that there are rea9 sonable grounds to believe that the contents of a wire or 

10 electronic communication, or the records or other informa11 tion sought, are relevant and material to an ongoing crimi12 nal investigation. In the case of a State governmental au13 thority, such a court order shall not issue if prohibited 

14 by the law of such State. A court issuing an order pursu15 ant to this section, on a motion made promptly by the 

16 service provider, may quash or modify such order, if the 

17 information or records requested are unusually volumi18 nous in nature or compliance with such order otherwise 

19 would cause an undue burden on such provider. 

20 ‘‘(e) NO CAUSE OF ACTION AGAINST A PROVIDER DIS21 CLOSING INFORMATION UNDER THIS CHAPTER.—No 

22 cause of action shall lie in any court against any provider 

23 of wire or electronic communication service, its officers, 

24 employees, agents, or other specified persons for providing 

25 information, facilities, or assistance in accordance with the 


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1 terms of a court order, warrant, subpoena, statutory au2 thorization, or certification under this chapter. 

3 ‘‘(f) REQUIREMENT TO PRESERVE EVIDENCE.— 

4 ‘‘(1) IN GENERAL.—A provider of wire or elec5 tronic communication services or a remote com6 puting service, upon the request of a governmental 

7 entity, shall take all necessary steps to preserve 

8 records and other evidence in its possession pending 

9 the issuance of a court order or other process. 

10 ‘‘(2) PERIOD OF RETENTION.—Records referred 

11 to in paragraph (1) shall be retained for a period of 

12 90 days, which shall be extended for an additional 

13 90-day period upon a renewed request by the gov14 ernmental entity. 

15 ‘‘(g) PRESENCE OF OFFICER NOT REQUIRED.—Not16 withstanding section 3105 of this title, the presence of an 

17 officer shall not be required for service or execution of a 

18 search warrant issued in accordance with this chapter re19 quiring disclosure by a provider of electronic communica20 tions service or remote computing service of the contents 

21 of communications or records or other information per22 taining to a subscriber to or customer of such service. 

23 ‘‘§ 3120B. Backup preservation 

24 ‘‘(a) BACKUP PRESERVATION.—(1) A governmental en25 tity acting under section 3120A(b)(2) may include in its 


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1 subpoena or court order a requirement that the service 

2 provider to whom the request is directed create a backup 

3 copy of the contents of the electronic communications 

4 sought in order to preserve those communications. With5 out notifying the subscriber or customer of such subpoena 

6 or court order, such service provider shall create such 

7 backup copy as soon as practicable consistent with its reg8 ular business practices and shall confirm to the govern9 mental entity that such backup copy has been made. Such 

10 backup copy shall be created within two business days 

11 after receipt by the service provider of the subpoena or 

12 court order. 

13 ‘‘(2) Notice to the subscriber or customer shall be made 

14 by the governmental entity within three days after receipt 

15 of such confirmation, unless such notice is delayed pursu16 ant to section 3120C(a). 

17 ‘‘(3) The service provider shall not destroy such backup 

18 copy until the later of— 

19 ‘‘(A) the delivery of the information; or 

20 ‘‘(B) the resolution of any proceedings (including 

21 appeals of any proceeding) concerning the govern22 ment’s subpoena or court order. 

23 ‘‘(4) The service provider shall release such backup copy 

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1 teen days after the governmental entity’s notice to the 

2 subscriber or customer if such service provider— 

3 ‘‘(A) has not received notice from the subscriber 

4 or customer that the subscriber or customer has 

5 challenged the governmental entity’s request; and 

6 ‘‘(B) has not initiated proceedings to challenge 

7 the request of the governmental entity. 

8 ‘‘(5) A governmental entity may seek to require the cre9 ation of a backup copy under subsection (a)(1) of this sec10 tion if in its sole discretion such entity determines that 

11 there is reason to believe that notification under section 

12 1524B of this title of the existence of the subpoena or 

13 court order may result in destruction of or tampering with 

14 evidence. This determination is not subject to challenge 

15 by the subscriber or customer or service provider. 

16 ‘‘(b) CUSTOMER CHALLENGES.—(1) Within 14 days 

17 after notice by the governmental entity to the subscriber 

18 or customer under subsection (a)(2) of this section, such 

19 subscriber or customer may file a motion to quash such 

20 subpoena or vacate such court order, with copies served 

21 upon the governmental entity and with written notice of 

22 such challenge to the service provider. A motion to vacate 

23 a court order shall be filed in the court which issued such 

24 order. A motion to quash a subpoena shall be filed in the 

25 appropriate United States district court or State court. 


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1 Such motion or application shall contain an affidavit or 

2 sworn statement— 

3 ‘‘(A) stating that the applicant is a customer or 

4 subscriber to the service from which the contents of 

5 electronic communications maintained for him have 

6 been sought; and 

7 ‘‘(B) stating the applicant’s reasons for believing 

8 that the records sought are not relevant to a legiti9 mate law enforcement inquiry or that there has not 

10 been substantial compliance with the provisions of 

11 this chapter in some other respect. 

12 ‘‘(2) Service shall be made under this section upon a 

13 governmental entity by delivering or mailing by registered 

14 or certified mail a copy of the papers to the person, office, 

15 or department specified in the notice which the customer 

16 has received pursuant to this chapter. For the purposes 

17 of this section, the term ‘delivery’ has the meaning given 

18 that term in the Federal Rules of Civil Procedure. 

19 ‘‘(3) If the court finds that the customer has complied 

20 with paragraphs (1) and (2) of this subsection, the court 

21 shall order the governmental entity to file a sworn re22 sponse, which may be filed in camera if the governmental 

23 entity includes in its response the reasons which make in 

24 camera review appropriate. If the court is unable to deter25 mine the motion or application on the basis of the parties’ 


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1 initial allegations and response, the court may conduct 

2 such additional proceedings as it deems appropriate. All 

3 such proceedings shall be completed and the motion or ap4 plication decided as soon as practicable after the filing of 

5 the governmental entity’s response. 

6 ‘‘(4) If the court finds that the applicant is not the sub7 scriber or customer for whom the communications sought 

8 by the governmental entity are maintained, or that there 

9 is a reason to believe that the law enforcement inquiry 

10 is legitimate and that the communications sought are rel11 evant to that inquiry, it shall deny the motion or applica12 tion and order such process enforced. If the court finds 

13 that the applicant is the subscriber or customer for whom 

14 the communications sought by the governmental entity are 

15 maintained, and that there is not a reason to believe that 

16 the communications sought are relevant to a legitimate 

17 law enforcement inquiry, or that there has not been sub18 stantial compliance with the provisions of this chapter, it 

19 shall order the process quashed. 

20 ‘‘(5) A court order denying a motion or application 

21 under this section shall not be deemed a final order and 

22 no interlocutory appeal may be taken therefrom by the 

23 customer. 


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1 ‘‘§ 3120C. Delayed notice 

2 ‘‘(a) DELAY OF NOTIFICATION.—(1) A governmental 

3 entity acting under section 3120A(b) of this title may— 

4 ‘‘(A) where a court order is sought, include in the 

5 application a request, which the court shall grant, 

6 for an order delaying the notification required under 

7 section 3120A(b) of this title for a period not to ex8 ceed ninety days, if the court determines that there 

9 is reason to believe that notification of the existence 

10 of the court order may have an adverse result de11 scribed in paragraph (2) of this subsection; or 

12 ‘‘(B) where an administrative subpoena authorized 

13 by a Federal or State statute or a Federal or State 

14 grand jury subpoena is obtained, delay the notifica15 tion required under section 3120A(b) of this title for 

16 a period not to exceed ninety days upon the execu17 tion of a written certification of a supervisory official 

18 that there is reason to believe that notification of the 

19 existence of the subpoena may have an adverse re20 sult described in paragraph (2) of this subsection. 

21 ‘‘(2) An adverse result for the purposes of paragraph 

22 (1) of this subsection is— 

23 ‘‘(A) endangering the life or physical safety of an 

24 individual; 

25 ‘‘(B) flight from prosecution; 

26 ‘‘(C) destruction of or tampering with evidence; 


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1 ‘‘(D) intimidation of potential witnesses; or 

2 ‘‘(E) otherwise seriously jeopardizing an investiga3 tion or unduly delaying a trial. 

4 ‘‘(3) The governmental entity shall maintain a true copy 

5 of certification under paragraph (1)(B). 

6 ‘‘(4) Extensions of the delay of notification provided in 

7 section 3120A of up to ninety days each may be granted 

8 by the court upon application, or by certification by a gov9 ernmental entity, but only in accordance with subsection 

10 (b) of this section. 

11 ‘‘(5) Upon expiration of the period of delay of notifica12 tion under paragraph (1) or (4) of this subsection, the 

13 governmental entity shall serve upon, or deliver by reg14 istered or first-class mail to, the customer or subscriber 

15 a copy of the process or request together with notice 

16 that— 

17 ‘‘(A) states with reasonable specificity the nature 

18 of the law enforcement inquiry; and 

19 ‘‘(B) informs such customer or subscriber— 

20 ‘‘(i) that information maintained for such 

21 customer or subscriber by the service provider 

22 named in such process or request was supplied 

23 to or requested by that governmental authority 

24 and the date on which the supplying or request 

25 took place; 


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1 ‘‘(ii) that notification of such customer or 

2 subscriber was delayed; 

3 ‘‘(iii) what governmental entity or court made 

4 the certification or determination pursuant to 

5 which that delay was made; and 

6 ‘‘(iv) which provision of this chapter allowed 

7 such delay. 

8 ‘‘(6) As used in this subsection, the term ‘supervisory 

9 official’ means the investigative agent in charge or assist10 ant investigative agent in charge or an equivalent of an 

11 investigating agency’s headquarters or regional office, or 

12 the chief prosecuting attorney or the first assistant pros13 ecuting attorney or an equivalent of a prosecuting attor14 ney’s headquarters or regional office. 

15 ‘‘(b) PRECLUSION OF NOTICE TO SUBJECT OF GOV16 ERNMENTAL ACCESS.—A governmental entity acting 

17 under section 3120A, when it is not required to notify the 

18 subscriber or customer under section 3120A(b)(1), or to 

19 the extent that it may delay such notice pursuant to sub20 section (a) of this section, may apply to a court for an 

21 order commanding a provider of electronic communica22 tions service or remote computing service to whom a war23 rant, subpoena, or court order is directed, for such period 

24 as the court deems appropriate, not to notify any other 

25 person of the existence of the warrant, subpoena, or court 


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1 order. The court shall enter such an order if it determines 

2 that there is reason to believe that notification of the exist3 ence of the warrant, subpoena, or court order will result 

4 in— 

5 ‘‘(1) endangering the life or physical safety of an 

6 individual; 

7 ‘‘(2) flight from prosecution; 

8 ‘‘(3) destruction of or tampering with evidence; 

9 ‘‘(4) intimidation of potential witnesses; or 

10 ‘‘(5) otherwise seriously jeopardizing an investiga11 tion or unduly delaying a trial. 

12 ‘‘§ 3120D. Cost reimbursement 

13 ‘‘(a) PAYMENT.—Except as otherwise provided in sub14 section (c), a governmental entity obtaining the contents 

15 of communications, records, or other information under 

16 section 3120, 3120A, or 3120B shall pay to the person 

17 or entity assembling or providing such information a fee 

18 for reimbursement for such costs as are reasonably nec19 essary and which have been directly incurred in searching 

20 for, assembling, reproducing, or otherwise providing such 

21 information. Such reimbursable costs shall include any 

22 costs due to necessary disruption of normal operations of 

23 any electronic communication service or remote computing 

24 service in which such information may be stored. 


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1 ‘‘(b) AMOUNT.—The amount of the fee provided by sub2 section (a) shall be as mutually agreed by the govern3 mental entity and the person or entity providing the infor4 mation, or, in the absence of agreement, shall be as deter5 mined by the court which issued the order for production 

6 of such information (or the court before which a criminal 

7 prosecution relating to such information would be brought, 

8 if no court order was issued for production of the informa9 tion). 

10 ‘‘(c) EXCEPTION.—The requirement of subsection (a) of 

11 this section does not apply with respect to records or other 

12 information maintained by a communications common 

13 carrier that relate to telephone toll records and telephone 

14 listings obtained under section 2703 of this title. The 

15 court may, however, order a payment as described in sub16 section (a) if the court determines the information re17 quired is unusually voluminous in nature or otherwise 

18 caused an undue burden on the provider. 

19 ‘‘§ 3120E. Civil action 

20 ‘‘(a) CAUSE OF ACTION.—Except as provided in section 

21 3120A(e), any provider of electronic communication serv22 ice, subscriber, or other person aggrieved by any violation 

23 of this chapter in which the conduct constituting the viola24 tion is engaged in with a knowing or intentional state of 

25 mind may, in a civil action, recover from the person or 


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1 entity, other than the United States, which engaged in 

2 that violation such relief as may be appropriate. 

3 ‘‘(b) RELIEF.—In a civil action under this section, ap4 propriate relief includes— 

5 ‘‘(1) such preliminary and other equitable or de6 claratory relief as may be appropriate; 

7 ‘‘(2) damages under subsection (c); and 

8 ‘‘(3) a reasonable attorney’s fee and other litiga9 tion costs reasonably incurred. 

10 ‘‘(c) DAMAGES.—The court may assess as damages in 

11 a civil action under this section the sum of the actual dam12 ages suffered by the plaintiff and any profits made by the 

13 violator as a result of the violation, but in no case shall 

14 a person entitled to recover receive less than the sum of 

15 $1,000. If the violation is willful or intentional, the court 

16 may assess punitive damages. In the case of a successful 

17 action to enforce liability under this section, the court may 

18 assess the costs of the action, together with reasonable at19 torney fees determined by the court. 

20 ‘‘(d) ADMINISTRATIVE DISCIPLINE.—If a court or ap21 propriate department or agency determines that the 

22 United States or any of its departments or agencies has 

23 violated any provision of this chapter, and the court or 

24 appropriate department or agency finds that the cir25 cumstances surrounding the violation raise serious quesVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00751 Fmt 6652 Sfmt 6201 E:\BILLS\H1772.IH H1772

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1 tions about whether or not an officer or employee of the 

2 United States acted willfully or intentionally with respect 

3 to the violation, the department or agency shall, upon re4 ceipt of a true and correct copy of the decision and find5 ings of the court or appropriate department or agency 

6 promptly initiate a proceeding to determine whether dis7 ciplinary action against the officer or employee is war8 ranted. If the head of the department or agency involved 

9 determines that disciplinary action is not warranted, he 

10 or she shall notify the Inspector General with jurisdiction 

11 over the department or agency concerned and shall provide 

12 the Inspector General with the reasons for such deter13 mination. 

14 ‘‘(e) DEFENSE.—A good faith reliance on— 

15 ‘‘(1) a court warrant or order, a grand jury sub16 poena, a legislative authorization, or a statutory au17 thorization (including a request of a governmental 

18 entity under section 3120A(f) of this title); 

19 ‘‘(2) a request of an investigative or law enforce20 ment officer under section 3119C(7) of this title; or 

21 ‘‘(3) a good faith determination that section 

22 1492(3) of this title permitted the conduct com23 plained of; 

24 is a complete defense to any civil or criminal action 

25 brought under this chapter or any other law. 


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1 ‘‘(f) LIMITATION.—A civil action under this section may 

2 not be commenced later than two years after the date 

3 upon which the claimant first discovered or had a reason4 able opportunity to discover the violation. 

5 ‘‘(g) IMPROPER DISCLOSURE.—Any willful disclosure of 

6 a ‘record’, as that term is defined in section 552a(a) of 

7 title 5, obtained by an investigative or law enforcement 

8 officer, or a governmental entity, pursuant to section 

9 3120A of this title, or from a device installed pursuant 

10 to section 3123 or 3125 of this title, that is not a disclo11 sure made in the proper performance of the official func12 tions of the officer or governmental entity making the dis13 closure, is a violation of this chapter. This provision shall 

14 not apply to information previously lawfully disclosed 

15 (prior to the commencement of any civil or administrative 

16 proceeding under this chapter) to the public by a Federal, 

17 State, or local governmental entity or by the plaintiff in 

18 a civil action under this chapter. 

19 ‘‘§ 3120F. Exclusivity of remedies 

20 ‘‘The remedies and sanctions described in this chapter 

21 are the only judicial remedies and sanctions for noncon22 stitutional violations of this chapter. 


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1 ‘‘§ 3120G. Counterintelligence access to telephone 

2 toll and transactional records 

3 ‘‘(a) DUTY TO PROVIDE.—A wire or electronic commu4 nication service provider shall comply with a request for 

5 subscriber information and toll billing records information, 

6 or electronic communication transactional records in its 

7 custody or possession made by the Director of the Federal 

8 Bureau of Investigation under subsection (b) of this sec9 tion. 

10 ‘‘(b) REQUIRED CERTIFICATION.—The Director of the 

11 Federal Bureau of Investigation, or his designee in a posi12 tion not lower than Deputy Assistant Director at Bureau 

13 headquarters or a Special Agent in Charge in a Bureau 

14 field office designated by the Director, may— 

15 ‘‘(1) request the name, address, length of service, 

16 and local and long distance toll billing records of a 

17 person or entity if the Director (or his designee) cer18 tifies in writing to the wire or electronic communica19 tion service provider to which the request is made 

20 that the name, address, length of service, and toll 

21 billing records sought are relevant to an authorized 

22 investigation to protect against international ter23 rorism or clandestine intelligence activities, provided 

24 that such an investigation of a United States person 

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1 tected by the first amendment to the Constitution of 

2 the United States; and 

3 ‘‘(2) request the name, address, and length of 

4 service of a person or entity if the Director (or his 

5 designee) certifies in writing to the wire or electronic 

6 communication service provider to which the request 

7 is made that the information sought is relevant to 

8 an authorized investigation to protect against inter9 national terrorism or clandestine intelligence activi10 ties, provided that such an investigation of a United 

11 States person is not conducted solely upon the basis 

12 of activities protected by the first amendment to the 

13 Constitution of the United States. 

14 ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.—No wire 

15 or electronic communication service provider, or officer, 

16 employee, or agent thereof, shall disclose to any person 

17 that the Federal Bureau of Investigation has sought or 

18 obtained access to information or records under this sec19 tion. 

20 ‘‘(d) DISSEMINATION BY BUREAU.—The Federal Bu21 reau of Investigation may disseminate information and 

22 records obtained under this section only as provided in 

23 guidelines approved by the Attorney General for foreign 

24 intelligence collection and foreign counterintelligence in25 vestigations conducted by the Federal Bureau of InvesVerDate Nov 24 2008 04:46 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00755 Fmt 6652 Sfmt 6201 E:\BILLS\H1772.IH H1772

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1 tigation, and, with respect to dissemination to an agency 

2 of the United States, only if such information is clearly 

3 relevant to the authorized responsibilities of such agency. 

4 ‘‘(e) REQUIREMENT THAT CERTAIN CONGRESSIONAL

5 BODIES BE INFORMED.—On a semiannual basis the Di6 rector of the Federal Bureau of Investigation shall fully 

7 inform the Permanent Select Committee on Intelligence 

8 of the House of Representatives and the Select Committee 

9 on Intelligence of the Senate, and the Committee on the 

10 Judiciary of the House of Representatives and the Com11 mittee on the Judiciary of the Senate, concerning all re12 quests made under subsection (b) of this section. 

13 ‘‘§ 3120H. Wrongful disclosure of video tape rental or 

14 sale records 

15 ‘‘(a) DEFINITIONS.—For purposes of this section— 

16 ‘‘(1) the term ‘consumer’ means any renter, pur17 chaser, or subscriber of goods or services from a 

18 video tape service provider; 

19 ‘‘(2) the term ‘ordinary course of business’ means 

20 only debt collection activities, order fulfillment, re21 quest processing, and the transfer of ownership; 

22 ‘‘(3) the term ‘personally identifiable information’ 

23 includes information which identifies a person as 

24 having requested or obtained specific video materials 

25 or services from a video tape service provider; and 


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1 ‘‘(4) the term ‘video tape service provider’ means 

2 any person, engaged in the business, in or affecting 

3 interstate or foreign commerce, of rental, sale, or de4 livery of prerecorded video cassette tapes or similar 

5 audio visual materials, or any person or other entity 

6 to whom a disclosure is made under subparagraph 

7 (D) or (E) of subsection (b)(2), but only with re8 spect to the information contained in the disclosure. 

9 ‘‘(b) VIDEO TAPE RENTAL AND SALE RECORDS.—(1) 

10 A video tape service provider who knowingly discloses, to 

11 any person, personally identifiable information concerning 

12 any consumer of such provider shall be liable to the ag13 grieved person for the relief provided in subsection (d). 

14 ‘‘(2) A video tape service provider may disclose person15 ally identifiable information concerning any consumer— 

16 ‘‘(A) to the consumer; 

17 ‘‘(B) to any person with the informed, written 

18 consent of the consumer given at the time the disclo19 sure is sought; 

20 ‘‘(C) to a law enforcement agency pursuant to a 

21 warrant issued under the Federal Rules of Criminal 

22 Procedure, an equivalent State warrant, a grand 

23 jury subpoena, or a court order; 

24 ‘‘(D) to any person if the disclosure is solely of 

25 the names and addresses of consumers and if— 


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1 ‘‘(i) the video tape service provider has pro2 vided the consumer with the opportunity, in a 

3 clear and conspicuous manner, to prohibit such 

4 disclosure; and 

5 ‘‘(ii) the disclosure does not identify the title, 

6 description, or subject matter of any video tapes 

7 or other audio visual material; however, the 

8 subject matter of such materials may be dis9 closed if the disclosure is for the exclusive use 

10 of marketing goods and services directly to the 

11 consumer; 

12 ‘‘(E) to any person if the disclosure is incident to 

13 the ordinary course of business of the video tape 

14 service provider; or 

15 ‘‘(F) pursuant to a court order, in a civil pro16 ceeding upon a showing of compelling need for the 

17 information that cannot be accommodated by any 

18 other means, if— 

19 ‘‘(i) the consumer is given reasonable notice, 

20 by the person seeking the disclosure, of the 

21 court proceeding relevant to the issuance of the 

22 court order; and 

23 ‘‘(ii) the consumer is afforded the oppor24 tunity to appear and contest the claim of the 

25 person seeking the disclosure. 


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1 If an order is granted pursuant to subparagraph (C) or 

2 (F), the court shall impose appropriate safeguards against 

3 unauthorized disclosure. 

4 ‘‘(3) Court orders authorizing disclosure under subpara5 graph (C) shall issue only with prior notice to the con6 sumer and only if the law enforcement agency shows that 

7 there is probable cause to believe that the records or other 

8 information sought are relevant to a legitimate law en9 forcement inquiry. In the case of a State government au10 thority, such a court order shall not issue if prohibited 

11 by the law of such State. A court issuing an order pursu12 ant to this section, on a motion made promptly by the 

13 video tape service provider, may quash or modify such 

14 order if the information or records requested are unrea15 sonably voluminous in nature or if compliance with such 

16 order otherwise would cause an unreasonable burden on 

17 such provider. 

18 ‘‘(c) CIVIL ACTION.—(1) Any person aggrieved by any 

19 act of a person in violation of this section may bring a 

20 civil action in a United States district court. 

21 ‘‘(2) The court may award— 

22 ‘‘(A) actual damages but not less than liquidated 

23 damages in an amount of $2,500; 

24 ‘‘(B) punitive damages; 


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1 ‘‘(C) reasonable attorneys’ fees and other litiga2 tion costs reasonably incurred; and 

3 ‘‘(D) such other preliminary and equitable relief 

4 as the court determines to be appropriate. 

5 ‘‘(3) No action may be brought under this subsection 

6 unless such action is begun within 2 years from the date 

7 of the act complained of or the date of discovery. 

8 ‘‘(4) No liability shall result from lawful disclosure per9 mitted by this section. 

10 ‘‘(d) PERSONALLY IDENTIFIABLE INFORMATION.—Per11 sonally identifiable information obtained in any manner 

12 other than as provided in this section shall not be received 

13 in evidence in any trial, hearing, arbitration, or other pro14 ceeding in or before any court, grand jury, department, 

15 officer, agency, regulatory body, legislative committee, or 

16 other authority of the United States, a State, or a political 

17 subdivision of a State. 

18 ‘‘(e) DESTRUCTION OF OLD RECORDS.—A person sub19 ject to this section shall destroy personally identifiable in20 formation as soon as practicable, but no later than one 

21 year from the date the information is no longer necessary 

22 for the purpose for which it was collected and there are 

23 no pending requests or orders for access to such informa24 tion under subsection (b)(2) or (c)(2) or pursuant to a 

25 court order. 


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1 ‘‘(f) PREEMPTION.—The provisions of this section pre2 empt only the provisions of State or local law that require 

3 disclosure prohibited by this section. 

4 ‘‘§ 3120I. Definitions for chapter 

5 ‘‘As used in this chapter— 

6 ‘‘(1) unless otherwise provided, a term defined in 

7 section 1491 has the same meaning given that term 

8 in that section; 

9 ‘‘(2) the term ‘remote computing service’ means 

10 the provision to the public of computer storage or 

11 processing services by means of an electronic com12 munications system; and 

13 ‘‘(3) the term ‘court of competent jurisdiction’ has 

14 the meaning assigned by section 3127, and includes 

15 any Federal court within that definition, without ge16 ographic limitation. 

17 ‘‘§ 3120J. Civil actions against the United States 

18 ‘‘(a) IN GENERAL.—Any person who is aggrieved by 

19 any willful violation of subchapter B or C of chapter 37 

20 or of sections 106(a), 305(a), or 405(a) of the Foreign 

21 Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

22 seq.) may commence an action in United States District 

23 Court against the United States to recover money dam24 ages. In any such action, if a person who is aggrieved suc25 cessfully establishes such a violation of subchapter B or 


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1 C of chapter 37 or of the above specified provisions of 

2 title 50, the Court may assess as damages— 

3 ‘‘(1) actual damages, but not less than $10,000, 

4 whichever amount is greater; and 

5 ‘‘(2) litigation costs, reasonably incurred. 

6 ‘‘(b) PROCEDURES.—(1) Any action against the United 

7 States under this section may be commenced only after 

8 a claim is presented to the appropriate department or 

9 agency under the procedures of the Federal Tort Claims 

10 Act, as set forth in title 28. 

11 ‘‘(2) Any action against the United States under this 

12 section shall be forever barred unless it is presented in 

13 writing to the appropriate Federal agency within 2 years 

14 after such claim accrues or unless action is begun within 

15 6 months after the date of mailing, by certified or reg16 istered mail, of notice of final denial of the claim by the 

17 agency to which it was presented. The claim shall accrue 

18 on the date upon which the claimant first has a reasonable 

19 opportunity to discover the violation. 

20 ‘‘(3) Any action under this section shall be tried to the 

21 court without a jury. 

22 ‘‘(4) Notwithstanding any other provision of law, the 

23 procedures set forth in section 106(f), 305(g), or 405(f) 

24 of the Foreign Intelligence Surveillance Act of 1978 (50 


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1 U.S.C. 1801 et seq.) shall be the exclusive means by which 

2 materials governed by those sections may be reviewed. 

3 ‘‘(5) An amount equal to any award against the United 

4 States under this section shall be reimbursed by the de5 partment or agency concerned to the fund described in 

6 section 1304 of title 31, out of any appropriation, fund, 

7 or other account (excluding any part of such appropria8 tion, fund, or account that is available for the enforcement 

9 of any Federal law) that is available for the operating ex10 penses of the department or agency concerned. 

11 ‘‘(c) ADMINISTRATIVE DISCIPLINE.—If a court or ap12 propriate department or agency determines that the 

13 United States or any of its departments or agencies has 

14 violated any provision of this chapter, and the court or 

15 appropriate department or agency finds that the cir16 cumstances surrounding the violation raise serious ques17 tions about whether or not an officer or employee of the 

18 United States acted willfully or intentionally with respect 

19 to the violation, the department or agency shall, upon re20 ceipt of a true and correct copy of the decision and find21 ings of the court or appropriate department or agency 

22 promptly initiate a proceeding to determine whether dis23 ciplinary action against the officer or employee is war24 ranted. If the head of the department or agency involved 

25 determines that disciplinary action is not warranted, he 


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1 or she shall notify the Inspector General with jurisdiction 

2 over the department or agency concerned and shall provide 

3 the Inspector General with the reasons for such deter4 mination. 

5 ‘‘(d) EXCLUSIVE REMEDY.—Any action against the 

6 United States under this subsection shall be the exclusive 

7 remedy against the United States for any claims within 

8 the purview of this section. 

9 ‘‘(e) STAY OF PROCEEDINGS.—(1) Upon the motion of 

10 the United States, the court shall stay any action com11 menced under this section if the court determines that civil 

12 discovery will adversely affect the ability of the Govern13 ment to conduct a related investigation or the prosecution 

14 of a related criminal case. Such a stay shall toll the limita15 tions periods of paragraph (2) of subsection (b). 

16 ‘‘(2) In this subsection, the terms ‘related criminal case’ 

17 and ‘related investigation’ mean an actual prosecution or 

18 investigation in progress at the time at which the request 

19 for the stay or any subsequent motion to lift the stay is 

20 made. In determining whether an investigation or a crimi21 nal case is related to an action commenced under this sec22 tion, the court shall consider the degree of similarity be23 tween the parties, witnesses, facts, and circumstances in24 volved in the 2 proceedings, without requiring that any 

25 one or more factors be identical. 


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1 ‘‘(3) In requesting a stay under paragraph (1), the Gov2 ernment may, in appropriate cases, submit evidence ex 

3 parte in order to avoid disclosing any matter that may 

4 adversely affect a related investigation or a related crimi5 nal case. If the Government makes such an ex parte sub6 mission, the plaintiff shall be given an opportunity to 

7 make a submission to the court, not ex parte, and the 

8 court may, in its discretion, request further information 

9 from either party. 

Æ 


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