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[House Report 107-126]
[From the U.S. Government Publishing Office]

107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-126

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

 
             CRIMINAL LAW TECHNICAL AMENDMENTS ACT OF 2001

                                _______
                                

 July 10, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 2137]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2137) to make clerical and other technical 
amendments to title 18, United States Code, and other laws 
relating to crime and criminal procedure, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Vote of the Committee............................................     2
Committee Oversight Findings.....................................     2
Performance Goals and Objectives.................................     2
New Budget Authority and Tax Expenditures........................     2
Congressional Budget Office Cost Estimate........................     2
Constitutional Authority Statement...............................     3
Section-by-Section Analysis and Discussion.......................     3
Changes in Existing Law Made by the Bill, as Reported............     4
Markup Transcript................................................    36

                          Purpose and Summary

    H.R. 2137, introduced by Chairman F. James Sensenbrenner, 
Jr., makes over 60 clerical and technical corrections to title 
18, United States Code, and other criminal laws. This 
bipartisan legislation resulted from extensive consultation 
between the majority and minority and the Office of Legislative 
Counsel and the Office of Law Revision Counsel. This 
legislation is cosponsored by Representative John Conyers, Jr., 
Ranking Minority Member, Committee on the Judiciary; 
Representative Lamar Smith, Chairman, Subcommittee on Crime; 
and Representative Robert C. Scott, Ranking Minority Member, 
Subcommittee on Crime.

                Background and Need for the Legislation

    The last half of the 20th century saw an explosion of 
Federal criminal statutes. According to a study conducted by 
the Task Force on Federalization of Criminal Law of the 
Criminal Law Section of the American Bar Association, ``[m]ore 
than 40% of the Federal criminal provisions enacted since the 
Civil War have been enacted since 1970.'' This explosion of 
lawmaking has resulted in numerous technical mistakes which 
litter the criminal code. This legislation corrects those 
mistakes. H.R. 2137 will make it easier to utilize the various 
criminal statutes that are improved by these amendments.

                                Hearings

    Because of the noncontroversial nature of this legislation, 
the Committee did not hold any hearings on H.R. 2137.

                        Committee Consideration

    On June 26, 2001, the Committee met in open session and 
ordered favorably reported the bill H.R. 2137, by voice vote, a 
quorum being present.

                         Votes of the Committee

    The Committee took no rollcall votes on H.R. 2137.

                      Committee Oversight Findings

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

                    Performance Goals and Objectives

    H.R. 2137 does not authorize funding. Therefore, clause 
3(c) of rule XIII of the Rules of the House of Representatives 
is inapplicable.

               New Budget Authority and Tax Expenditures

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

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 2137, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 3, 2001.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2137, the Criminal 
Law Technical Amendments Act of 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Lanette J. 
Walker and Melissa Zimmerman, who can be reached at 226-2860.
            Sincerely,
                                  Dan L. Crippen, Director.

Enclosure

cc:
        Honorable John Conyers Jr.
        Ranking Member
H.R. 2137--Criminal Law Technical Amendments Act of 2001
    H.R. 2137 would make several technical amendments to 
numerous sections of title 18 of the United States Code, and to 
other Federal criminal laws including spelling corrections, 
punctuation changes, syntax revisions, and removing duplicate 
and erroneous references. CBO estimates that implementing H.R. 
2137 would have no impact on the Federal budget because all of 
the bill's provisions are technical in nature.
    The bill would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. H.R. 2137 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would impose no 
costs on state, local, or tribal governments.
    The CBO staff contacts for this estimate are Lanette J. 
Walker and Melissa Zimmerman, who can be reached at 226-2860. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8, of the Constitution.

               Section-by-Section Analysis and Discussion

                        Section 1. Short Title.

    This section provides that the short title of the act shall 
be the ``Criminal Law Technical Amendments Act of 2001.''

Section 2. Technical Amendments Relating to Criminal Law and Procedure.

    This section makes over 60 separate technical changes to 
various criminal statutes by correcting missing and incorrect 
words, margins, punctuation, redundancies, outmoded fine 
amounts, cross references, and other technical and clerical 
errors.

         Changes in Existing Law Made by the Bill, as Reported

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

TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *

                             PART I--CRIMES

Chap.                                                               Sec.
1.     General provisions...............................               1
     * * * * * * *
123.   Prohibition on release and use of certain 
    personal information from State motor vehicle 
[2271] 2721...........................................

           *       *       *       *       *       *       *

CHAPTER 7--ASSAULT

           *       *       *       *       *       *       *

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

    (a) * * *

           *       *       *       *       *       *       *

    (b)(1) * * *
    (2) A kidnapping, attempted kidnapping, or conspiracy to 
kidnap in violation of this section shall be punished as 
provided in section 1201 of this title for the kidnapping [, 
attempted kidnapping, or conspiracy to kidnap of a person] or 
attempted kidnapping of, or a conspiracy to kidnap, a person 
described in section 1201(a)(5) of this title.

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

Sec. 205. Activities of officers and employees in claims against and 
                    other matters affecting the Government

    (a) * * *

           *       *       *       *       *       *       *

    (d)(1) Nothing in subsection (a) or (b) prevents an officer 
or employee, if not inconsistent with the faithful performance 
of that officer's or employee's duties, from acting without 
compensation as agent or attorney for, or otherwise 
representing--
            (A) any person who is the subject of disciplinary, 
        loyalty, or other personnel administration proceedings 
        in connection with those proceedings; or
            (B) except as provided in paragraph (2), any 
        cooperative, voluntary, professional, recreational, or 
        similar organization or group not established or 
        operated for profit, if a majority of the 
        organization's or [groups's] group's members are 
        current officers or employees of the United States or 
        of the District of Columbia, or their spouses or 
        dependent children.

           *       *       *       *       *       *       *

CHAPTER 19--CONSPIRACY

           *       *       *       *       *       *       *

Sec. 372. Conspiracy to impede or injure officer

    If two or more persons in any State, Territory, Possession, 
or District conspire to prevent, by force, intimidation, or 
threat, any person from accepting or holding any office, trust, 
or place of confidence under the United States, or from 
discharging any duties thereof, or to induce by like means any 
officer of the United States to leave the place, where his 
duties as an officer are required to be performed, or to injure 
him in his person or property on account of his lawful 
discharge of the duties of his office, or while engaged in the 
lawful discharge thereof, or to injure his property so as to 
molest, interrupt, hinder, or impede him in the discharge of 
his official duties, each of such persons shall be fined [not 
more than $5,000] under this title or imprisoned not more than 
six years, or both.

           *       *       *       *       *       *       *

CHAPTER 25--COUNTERFEITING AND FORGERY

           *       *       *       *       *       *       *

Sec. 492. Forfeiture of counterfeit paraphernalia

    All counterfeits of any coins or obligations or other 
securities of the United States or of any foreign government, 
or any articles, devices, and other things made, possessed, or 
used in violation of this chapter or of sections 331-333, 335, 
336, 642 or 1720, of this title, or any material or apparatus 
used or fitted or intended to be used, in the making of such 
counterfeits, articles, devices or things, found in the 
possession of any person without authority from the Secretary 
of the Treasury or other proper officer, shall be forfeited to 
the United States.
    Whoever, having the custody or control of any such 
counterfeits, material, apparatus, articles, devices, or other 
things, fails or refuses to surrender possession thereof upon 
request by any authorized agent of the Treasury Department, or 
other proper officer, shall be fined [not more than $100] under 
this title or imprisoned not more than one year, or both.
    Whenever, except as hereinafter in this section provided, 
any person interested in any article, device, or other thing, 
or material or apparatus seized under this section files with 
the Secretary of the Treasury, before the disposition thereof, 
a petition for the remission or mitigation of such forfeiture, 
the Secretary of the Treasury, if he finds that such forfeiture 
was incurred without willful negligence or without any 
intention on the part of the petitioner to violate the law, or 
finds the existence of such mitigating circumstances as to 
justify the remission or the mitigation of such forfeiture, may 
remit or mitigate the same upon such terms and conditions as he 
deems reasonable and just.
    If the seizure involves offenses other than offenses 
against the coinage, currency, obligations or securities of the 
United States or any foreign government, the petition for the 
remission or mitigation of forfeiture shall be referred to the 
Attorney General, who may remit or mitigate the forfeiture upon 
such terms as he deems reasonable and just.

           *       *       *       *       *       *       *

Sec. 510. Forging endorsements on Treasury checks or bonds or 
                    securities of the United States

    (a) * * *

           *       *       *       *       *       *       *

    (c) If the face value of the Treasury check or bond or 
security of the United States or the aggregate face value, if 
more than one Treasury check or bond or security of the United 
States, does not exceed $500, in any of the above-mentioned 
offenses, the penalty shall be a fine [of] under this title or 
imprisonment for not more than one year, or both.

           *       *       *       *       *       *       *

CHAPTER 26--CRIMINAL STREET GANGS

           *       *       *       *       *       *       *

Sec. 521. Criminal street gangs

    (a) Definitions.--
            ``conviction'' includes a finding, under State or 
        Federal law, that a person has committed an act of 
        juvenile delinquency involving a violent or controlled 
        substances felony.

           *       *       *       *       *       *       *

            ``State'' means a State of the United States, the 
        District of Columbia, and any commonwealth, territory, 
        or possession of the United States.

           *       *       *       *       *       *       *

CHAPTER 31--EMBEZZLEMENT AND THEFT

           *       *       *       *       *       *       *

Sec. 665. Theft or embezzlement from employment and training funds; 
                    improper inducement; obstruction of investigations

    (a) * * *

           *       *       *       *       *       *       *

    (c) Whoever willfully obstructs or impedes or willfully 
endeavors to obstruct or impede, an investigation or inquiry 
under the Job Training Partnership Act or title I of the 
Workforce Investment Act of 1998, or the regulations 
thereunder, shall be punished by [a fine of not more than 
$5,000] a fine under this title, or by imprisonment for not 
more than 1 year, or by both such fine and imprisonment.

           *       *       *       *       *       *       *

CHAPTER 33--EMBLEMS, INSIGNIA, AND NAMES

           *       *       *       *       *       *       *

Sec. 709. False advertising or misuse of names to indicate Federal 
                    agency

    Whoever, except as permitted by the laws of the United 
States, uses the words ``national'', ``Federal'', ``United 
States'', ``reserve'', or ``Deposit Insurance'' as part of the 
business or firm name of a person, corporation, partnership, 
business trust, association or other business entity engaged in 
the banking, loan, building and loan, brokerage, factorage, 
insurance, indemnity, savings or trust business; or

           *       *       *       *       *       *       *

    [A person who] Whoever, except with the written permission 
of the Administrator of the Drug Enforcement Administration, 
knowingly uses the words ``Drug Enforcement Administration'' or 
the initials ``DEA'' or any colorable imitation of such words 
or initials, in connection with any advertisement, circular, 
book, pamphlet, software or other publication, play, motion 
picture, broadcast, telecast, or other production, in a manner 
reasonably calculated to convey the impression that such 
advertisement, circular, book, pamphlet, software or other 
publication, play, motion picture, broadcast, telecast, or 
other production is approved, endorsed, or authorized by the 
Drug Enforcement Administration; or

           *       *       *       *       *       *       *

CHAPTER 35--ESCAPE AND RESCUE

           *       *       *       *       *       *       *

Sec. 752. Instigating or assisting escape

    (a) Whoever rescues or attempts to rescue or instigates, 
aids or assists the escape, or attempt to escape, of any person 
arrested upon a warrant or other process issued under any law 
of the United States, or committed to the custody of the 
Attorney General or to any institution or facility by his 
direction, shall, if the custody or confinement is by virtue of 
an arrest on a charge of felony, or conviction of any offense, 
be fined [not more than $5,000] under this title or imprisoned 
not more than five years, or both; or, if the custody or 
confinement is for extradition, or for exclusion or expulsion 
proceedings under the immigration laws, or by virtue of an 
arrest or charge of or for a misdemeanor, and prior to 
conviction, be fined under this title or imprisoned not more 
than one year, or both.

           *       *       *       *       *       *       *

CHAPTER 44--FIREARMS

           *       *       *       *       *       *       *

Sec. 924. Penalties

    (a) * * *

           *       *       *       *       *       *       *

    (e)(1) In the case of a person who violates section 922(g) 
of this title and has three previous convictions by any court 
referred to in section 922(g)(1) of this title for a violent 
felony or a serious drug offense, or both, committed on 
occasions different from one another, such person shall be 
fined [not more than $25,000] under this title and imprisoned 
not less than fifteen years, and, notwithstanding any other 
provision of law, the court shall not suspend the sentence of, 
or grant a probationary sentence to, such person with respect 
to the conviction under section 922(g).

           *       *       *       *       *       *       *

Sec. 929. Use of restricted ammunition

    (a) * * *

           *       *       *       *       *       *       *

    (b) Notwithstanding any other provision of law, the court 
shall not suspend the sentence of any person convicted of a 
violation of this section, nor place the person on probation, 
nor shall the terms of imprisonment run concurrently with any 
other terms of imprisonment, including that imposed for the 
crime in which the armor piercing ammunition was used or 
possessed. [No person sentenced under this section shall be 
eligible for parole during the term of imprisonment imposed 
herein.]

           *       *       *       *       *       *       *

CHAPTER 46--FORFEITURE

           *       *       *       *       *       *       *

Sec. 981. Civil forfeiture

    (a) * * *

           *       *       *       *       *       *       *

    (d) For purposes of this section, the provisions of the 
customs laws relating to the seizure, summary and judicial 
forfeiture, condemnation of property for violation of the 
customs laws, the disposition of such property or the [proceeds 
from the sale of this section] proceeds from the sale of such 
property under this section, the remission or mitigation of 
such forfeitures, and the compromise of claims (19 U.S.C. 1602 
et seq.), insofar as they are applicable and not inconsistent 
with the provisions of this section, shall apply to seizures 
and forfeitures incurred, or alleged to have been incurred, 
under this section, except that such duties as are imposed upon 
the customs officer or any other person with respect to the 
seizure and forfeiture of property under the customs laws shall 
be performed with respect to seizures and forfeitures of 
property under this section by such officers, agents, or other 
persons as may be authorized or designated for that purpose by 
the Attorney General, the Secretary of the Treasury, or the 
Postal Service, as the case may be. The Attorney General shall 
have sole responsibility for disposing of petitions for 
remission or mitigation with respect to property involved in a 
judicial forfeiture proceeding.

           *       *       *       *       *       *       *

Sec. 982. Criminal forfeiture

    (a)(1) * * *

           *       *       *       *       *       *       *

    (8) The [Court] court, in sentencing a defendant convicted 
of an offense under section 1028, 1029, 1341, 1342, 1343, or 
1344, or of a conspiracy to commit such an offense, if the 
offense involves telemarketing (as that term is defined in 
section 2325), shall order that the defendant forfeit to the 
United States any real or personal property--
    (A) * * *

           *       *       *       *       *       *       *

CHAPTER 47--FRAUD AND FALSE STATEMENTS

           *       *       *       *       *       *       *

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

    (a) * * *

           *       *       *       *       *       *       *

    (c) Penalties.--
            (1) Generally.--The punishment for an offense under 
        subsection (a) of this section is--
                    (A) in the case of an offense that does not 
                occur after a conviction for another offense 
                under this section--
                            (i) if the offense is under 
                        paragraph (1), (2), (3), (6), (7), or 
                        (10) of subsection (a), a fine under 
                        this title or imprisonment for not more 
                        than 10 years, or both; and
                            (ii) if the offense is under 
                        paragraph (4), (5), (8), or (9)[,] of 
                        subsection (a), a fine under this title 
                        or imprisonment for not more than 15 
                        years, or both;

           *       *       *       *       *       *       *

    (e) As used in this section--
            (1) * * *

           *       *       *       *       *       *       *

            (8) the term ``scanning receiver'' means a device 
        or apparatus that can be used to intercept a wire or 
        electronic communication in violation of chapter 119 or 
        to intercept an electronic serial number, mobile 
        identification number, or other identifier of any 
        telecommunications service, equipment, or instrument;

           *       *       *       *       *       *       *

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

    (a) * * *

           *       *       *       *       *       *       *

    (c) The punishment for an offense under subsection (a) or 
(b) of this section is--
            (1) * * *

           *       *       *       *       *       *       *

            (2)(A) a fine under this title or imprisonment for 
        not more than one year, or both, in the case of an 
        offense under subsection (a)(2), (a)(3), (a)(5)(C), or 
        (a)(6) of this section which does not occur after a 
        conviction for another offense under this section, or 
        an attempt to commit an offense punishable under this 
        subparagraph; [and]
            (B) a fine under this title or imprisonment for not 
        more than 5 years, or both, in the case of an offense 
        under subsection (a)(2), if--
                    (i) the offense was committed for purposes 
                of commercial advantage or private financial 
                gain;
                    (ii) the offense was committed in 
                furtherance of any criminal or tortious act in 
                violation of the 
                Constitution or laws of the United States or of 
                any State; or
                    (iii) the value of the information obtained 
                exceeds $5,000; and
            (C) a fine under this title or imprisonment for not 
        more than ten years, or both, in the case of an offense 
        under subsection (a)(2), (a)(3) or (a)(6) of this 
        section which occurs after a conviction for another 
        offense under such subsection, or an attempt to commit 
        an offense punishable under this subparagraph; and
            (3)(A) * * *
            (B) a fine under this title or imprisonment for not 
        more than ten years, or both, in the case of an offense 
        under subsection (a)(4), (a)(5)(A), (a)(5)(B), 
        (a)(5)(C), or (a)(7) of this section which occurs after 
        a conviction for another offense under this section, or 
        an attempt to commit an offense punishable under this 
        subparagraph[; and].

           *       *       *       *       *       *       *

    (e) As used in this section--
            (1) * * *

           *       *       *       *       *       *       *

            (4) the term ``financial institution'' means--
                    (A) * * *

           *       *       *       *       *       *       *

                    (I) an organization operating under section 
                25 or section 25(a) of the Federal Reserve 
                Act[.];

           *       *       *       *       *       *       *

            (7) the term ``department of the United States'' 
        means the legislative or judicial branch of the 
        Government or one of the executive departments 
        enumerated in section 101 of title 5; [and]

           *       *       *       *       *       *       *

Sec. 1032. Concealment of assets from conservator, receiver, or 
                    liquidating agent of financial institution

    Whoever--
            (1) knowingly conceals or endeavors to conceal an 
        asset or property from the Federal Deposit Insurance 
        Corporation, acting as conservator or receiver or in 
        the Corporation's corporate capacity with respect to 
        any asset acquired or liability assumed by the 
        Corporation under section 11, 12, or 13[,] of the 
        Federal Deposit Insurance Act, the Resolution Trust 
        Corporation, any conservator appointed by the 
        Comptroller of the Currency or the Director of the 
        Office of Thrift Supervision, or the National Credit 
        Union Administration Board, acting as conservator or 
        liquidating agent;

           *       *       *       *       *       *       *

CHAPTER 50A--GENOCIDE

           *       *       *       *       *       *       *

Sec. 1091. Genocide

    (a) * * *

           *       *       *       *       *       *       *

    (b) Punishment for Basic Offense.--The punishment for an 
offense under subsection (a) is--
            (1) in the case of an offense under subsection 
        (a)(1)[,] a fine of not more than $1,000,000 and 
        imprisonment for life; and

           *       *       *       *       *       *       *

CHAPTER 63--MAIL FRAUD

           *       *       *       *       *       *       *

Sec. 1345. Injunctions against fraud

    (a)(1) If a person is--
            (A) violating or about to violate this chapter or 
        section 287, 371 (insofar as such violation involves a 
        conspiracy to defraud the United States or any agency 
        thereof), or 1001 of this title;
            (B) committing or about to commit a banking law 
        violation (as defined in section 3322(d) of this 
        title)[,]; or
            (C) committing or about to commit a Federal health 
        care offense[.];
the Attorney General may commence a civil action in any Federal 
court to enjoin such violation.

           *       *       *       *       *       *       *

CHAPTER 69--NATIONALITY AND CITIZENSHIP

           *       *       *       *       *       *       *

Sec. 1425. Procurement of citizenship or naturalization unlawfully

    (a) Whoever knowingly procures or attempts to procure, 
contrary to law, the naturalization of any person, or 
documentary or other evidence of naturalization or of 
citizenship; or
    (b) Whoever, whether for himself or another person not 
entitled thereto, knowingly issues, procures or obtains or 
applies for or otherwise attempts to procure or obtain 
naturalization, or citizenship, or a declaration of intention 
to become a citizen, or a certificate of arrival or any 
certificate or evidence of nationalization or citizenship, 
documentary or otherwise, or duplicates or copies of any of the 
foregoing--
    Shall be fined under this title or imprisoned not more than 
25 years (if the offense was committed to facilitate an act of 
international terrorism (as defined in section 2331 of this 
title)), 20 years (if the offense was committed to facilitate a 
drug trafficking crime (as defined in section 929(a) of this 
title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed [to facility] to 
facilitate such an act of international terrorism or a drug 
trafficking crime), or 15 years (in the case of any other 
offense), or both.

Sec. 1426. Reproduction of naturalization or citizenship papers

    (a) * * *

           *       *       *       *       *       *       *

    (h) Whoever, without lawful authority, prints, photographs, 
makes or executes any print or impression in the likeness of a 
certificate of arrival, declaration of intention to become a 
citizen, or certificate of naturalization or citizenship, or 
any part thereof--
    Shall be fined under this title or imprisoned not more than 
25 years (if the offense was committed to facilitate an act of 
international terrorism (as defined in section 2331 of this 
title)), 20 years (if the offense was committed to facilitate a 
drug trafficking crime (as defined in section 929(a) of this 
title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed [to facility] to 
facilitate such an act of international terrorism or a drug 
trafficking crime), or 15 years (in the case of any other 
offense), or both.

Sec. 1427. Sale of naturalization or citizenship papers

    Whoever unlawfully sells or disposes of a declaration of 
intention to become a citizen, certificate of naturalization, 
certificate of citizenship or copies or duplicates or other 
documentary evidence of naturalization or citizenship, shall be 
fined under this title or imprisoned not more than 25 years (if 
the offense was committed to facilitate an act of international 
terrorism (as defined in section 2331 of this title)), 20 years 
(if the offense was committed to facilitate a drug trafficking 
crime (as defined in section 929(a) of this title)), 10 years 
(in the case of the first or second such offense, if the 
offense was not committed [to facility] to facilitate such an 
act of international terrorism or a drug trafficking crime), or 
15 years (in the case of any other offense) or both.

           *       *       *       *       *       *       *

CHAPTER 73--OBSTRUCTION OF JUSTICE

           *       *       *       *       *       *       *

Sec. 1513. Retaliating against a witness, victim, or an informant

    (a) * * *

           *       *       *       *       *       *       *

    [(d) There is extraterritorial Federal jurisdiction over an 
offense under this section.]
    (c) If the retaliation occurred because of attendance at or 
testimony in a criminal case, the maximum term of imprisonment 
which may be imposed for the offense under this section shall 
be the higher of that otherwise provided by law or the maximum 
term that could have been imposed for any offense charged in 
such case.
    (d) There is extraterritorial Federal jurisdiction over an 
offense under this section.

           *       *       *       *       *       *       *

CHAPTER 75--PASSPORTS AND VISAS

           *       *       *       *       *       *       *

Sec. 1541. Issuance without authority

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

Sec. 1542. False statement in application and use of passport

    Whoever willfully and knowingly makes any false statement 
in an application for passport with intent to induce or secure 
the issuance of a passport under the authority of the United 
States, either for his own use or the use of another, contrary 
to the laws regulating the issuance of passports or the rules 
prescribed pursuant to such laws; or
    Whoever willfully and knowingly uses or attempts to use, or 
furnishes to another for use any passport the issue of which 
was secured in any way by reason of any false statement--
    Shall be fined under this title, imprisoned not more than 
25 years (if the offense was committed to facilitate an act of 
international terrorism (as defined in section 2331 of this 
title)), 20 years (if the offense was committed to facilitate a 
drug trafficking crime (as defined in section 929(a) of this 
title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed [to facility] to 
facilitate such an act of international terrorism or a drug 
trafficking crime), or 15 years (in the case of any other 
offense), or both.

Sec. 1543. Forgery or false use of passport

    Whoever falsely makes, forges, counterfeits, mutilates, or 
alters any passport or instrument purporting to be a passport, 
with intent that the same may be used; or
    Whoever willfully and knowingly uses, or attempts to use, 
or furnishes to another for use any such false, forged, 
counterfeited, mutilated, or altered passport or instrument 
purporting to be a passport, or any passport validly issued 
which has become void by theoccurrence of any condition therein 
prescribed invalidating the same--
    Shall be fined under this title, imprisoned not more than 
25 years (if the offense was committed to facilitate an act of 
international terrorism (as defined in section 2331 of this 
title)), 20 years (if the offense was committed to facilitate a 
drug trafficking crime (as defined in section 929(a) of this 
title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed [to facility] to 
facilitate such an act of international terrorism or a drug 
trafficking crime), or 15 years (in the case of any other 
offense), or both.

Sec. 1544. Misuse of passport

    Whoever willfully and knowingly uses, or attempts to use, 
any passport issued or designed for the use of another; or
    Whoever willfully and knowingly uses or attempts to use any 
passport in violation of the conditions or restrictions therein 
contained, or of the rules prescribed pursuant to the laws 
regulating the issuance of passports; or
    Whoever willfully and knowingly furnishes, disposes of, or 
delivers a passport to any person, for use by another than the 
person for whose use it was originally issued and designed--
    Shall be fined under this title, imprisoned not more than 
25 years (if the offense was committed to facilitate an act of 
international terrorism (as defined in section 2331 of this 
title)), 20 years (if the offense was committed to facilitate a 
drug trafficking crime (as defined in section 929(a) of this 
title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed [to facility] to 
facilitate such an act of international terrorism or a drug 
trafficking crime), or 15 years (in the case of any other 
offense), or both.

           *       *       *       *       *       *       *

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

    (a) Whoever knowingly forges, counterfeits, alters, or 
falsely makes any immigrant or nonimmigrant visa, permit, 
border crossing card, alien registration receipt card, or other 
document prescribed by statute or regulation for entry into or 
as evidence of authorized stay or employment in the United 
States, or utters, uses, attempts to use, possesses, obtains, 
accepts, or receives any such visa, permit, border crossing 
card, alien registration receipt card, or other document 
prescribed by statute or regulation for entry into or as 
evidence of authorized stay or employment in the United States, 
knowing it to be forged, counterfeited, altered, or falsely 
made, or to have been procured by means of any false claim or 
statement, or to have been otherwise procured by fraud or 
unlawfully obtained; or
    Whoever, except under direction of the Attorney General or 
the Commissioner of the Immigration and Naturalization Service, 
or other proper officer, knowingly possesses any blank permit, 
or engraves, sells, brings into the United States, or has in 
his control or possession any plate in the likeness of a plate 
designed for the printing of permits, or makes any print, 
photograph, or impression in the likeness of any immigrant or 
nonimmigrant visa, permit or other document required for entry 
into the United States, or has in his possession a distinctive 
paper which has been adopted by the Attorney General or the 
Commissioner of the Immigration and Naturalization Service for 
the printing of such visas, permits, or documents; or
    Whoever, when applying for an immigrant or nonimmigrant 
visa, permit, or other document required for entry into the 
United States, or for admission to the United States personates 
another, or falsely appears in the name of a deceased 
individual, or evades or attempts to evade the immigration laws 
by appearing under an assumed or fictitious name without 
disclosing his true identity, or sells or otherwise disposes 
of, or offers to sell or otherwise dispose of, or utters, such 
visa, permit, or other document, to any person not authorized 
by law to receive such document; or
    Whoever knowingly makes under oath, or as permitted under 
penalty of perjury under section 1746 of title 28, United 
States Code, knowingly subscribes as true, any false statement 
with respect to a material fact in any application, affidavit, 
or other document required by the immigration laws or 
regulations prescribed thereunder, or knowingly presents any 
such application, affidavit, or other document which contains 
any such false statement or which fails to contain any 
reasonable basis in law or fact--
    Shall be fined under this title or imprisoned not more than 
25 years (if the offense was committed to facilitate an act of 
international terrorism (as defined in section 2331 of this 
title)), 20 years (if the offense was committed to facilitate a 
drug trafficking crime (as defined in section 929(a) of this 
title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed [to facility] to 
facilitate such an act of international terrorism or a drug 
trafficking crime), or 15 years (in the case of any other 
offense), or both.

           *       *       *       *       *       *       *

CHAPTER 83--POSTAL SERVICE

           *       *       *       *       *       *       *

Sec. 1716. Injurious articles as nonmailable

    (a) * * *

           *       *       *       *       *       *       *

    (j)(1) Whoever knowingly deposits for mailing or delivery, 
or knowingly causes to be delivered by mail, according to the 
direction thereon, or at any place at which it is directed to 
be delivered by the person to whom it is addressed, anything 
declared nonmailable by this section, unless in accordance with 
the rules and regulations authorized to be prescribed by the 
Postal Service, shall be fined under this title or imprisoned 
not more than one year, or both.
    (2) Whoever knowingly deposits for mailing or delivery, or 
knowingly causes to be delivered by mail, according to the 
direction thereon or at any place to which it is directed to be 
delivered by the person to whom it is addressed, anything 
declared nonmailable by this section, whether or not 
transmitted in accordance with the rules and regulations 
authorized to be prescribed by the Postal Service, with intent 
to kill or injure another, or injure the mails or other 
property, shall be fined [not more than $10,000] under this 
title or imprisoned not more than twenty years, or both.
    (3) Whoever is convicted of any crime prohibited by this 
section, which has resulted in the death of any person, shall 
be subject also to the death penalty or to imprisonment for 
life.
    [(j)] (k) For purposes of this section, the term ``State'' 
includes a State of the United States, the District of 
Columbia, and any commonwealth, territory, or possession of the 
United States.

           *       *       *       *       *       *       *

CHAPTER 90--PROTECTION OF TRADE SECRETS

           *       *       *       *       *       *       *

Sec.
1831. Economic espionage.
     * * * * * * *
1837. [Conduct] Applicability to conduct outside the United States.
     * * * * * * *

Sec. 1836. Civil proceedings to enjoin violations

    (a) The Attorney General may, in a civil action, obtain 
appropriate injunctive relief against any violation of [this 
section] this chapter.
    (b) The district courts of the United States shall have 
exclusive original jurisdiction of civil actions under [this 
subsection] this section.

           *       *       *       *       *       *       *

CHAPTER 93--PUBLIC OFFICERS AND EMPLOYEES

           *       *       *       *       *       *       *

Sec. 1920. False statement or fraud to obtain Federal [employee's] 
                    employees' compensation

(a) * * *

           *       *       *       *       *       *       *

Sec. 1924. Unauthorized removal and retention of classified documents 
                    or material

    (a) Whoever, being an officer, employee, contractor, or 
consultant of the United States, and, by virtue of his office, 
employment, position, or contract, becomes possessed of 
documents or materials containing classified information of the 
United States, knowingly removes such documents or materials 
without authority and with the intent to retain such documents 
or materials at an unauthorized location shall be fined [not 
more than $1,000,] under this title or imprisoned for not more 
than one year, or both.

           *       *       *       *       *       *       *

CHAPTER 95--RACKETEERING

           *       *       *       *       *       *       *

Sec. 1956. Laundering of monetary instruments

    (a) * * *

           *       *       *       *       *       *       *

    (c) As used in this section--
            (1) * * *

           *       *       *       *       *       *       *

            (7) the term ``specified unlawful activity'' 
        means--
                    (A) any act or activity constituting an 
                offense listed in section 1961(1) of this title 
                except an act which is indictable under 
                subchapter II of chapter 53 of title 31;
                    (B) with respect to a financial transaction 
                occurring in whole or in part in the United 
                States, an offense against a foreign nation 
                involving--
                            (i) the manufacture, importation, 
                        sale, or distribution of a controlled 
                        substance (as such term is defined for 
                        the purposes of the Controlled 
                        Substances Act);
                            (ii) murder, kidnapping, robbery, 
                        extortion, or destruction of property 
                        by means of explosive or fire;
                            (iii) fraud, or any scheme or 
                        attempt to defraud, by or against a 
                        foreign bank (as defined in paragraph 7 
                        of section 1(b) of the International 
                        Banking Act of 1978);
                    (C) any act or acts constituting a 
                continuing criminal enterprise, as that term is 
                defined in section 408 of the Controlled 
                Substances Act (21 U.S.C. 848);
                    (D) an offense under section 32 (relating 
                to the destruction of aircraft), section 37 
                (relating to violence at international 
                airports), section 115 (relating to 
                influencing, impeding, or retaliating against a 
                Federal official by threatening or injuring a 
                family member), section 152 (relating to 
                concealment of assets; false oaths and claims; 
                bribery), section 215 (relating to commissions 
                or gifts for procuring loans), section 351 
                (relating to congressional or Cabinet officer 
                assassination), any of sections 500 through 503 
                (relating to certain counterfeiting offenses), 
                section 513 (relating to securities of States 
                and private entities), section 542 (relating to 
                entry of goods by means of false statements), 
                section 545 (relating to smuggling goods into 
                the United States), section 549 (relating to 
                removing goods from Customs custody), section 
                641 (relating to public money, property, or 
                records), section 656 (relating to theft, 
                embezzlement, or misapplication by bank officer 
                or employee), section 657 (relating to lending, 
                credit, and insurance institutions), section 
                658 (relating to property mortgaged or pledged 
                to farm credit agencies), section 666 (relating 
                to theft or bribery concerning programs 
                receiving Federal funds), section 793, 794, or 
                798 (relating to espionage), section 831 
                (relating to prohibited transactions involving 
                nuclear materials), section 844 (f) or (i) 
                (relating to destruction by explosives or fire 
                of Government property or property affecting 
                interstate or foreign commerce), section 875 
                (relating to interstate communications), 
                section 956 (relating to conspiracy to kill, 
                kidnap, maim, or injure certain property in a 
                foreign country), section 1005 (relating to 
                fraudulent bank entries), 1006 (relating to 
                fraudulent Federal credit institution entries), 
                1007 (relating to Federal Deposit Insurance 
                transactions), 1014 (relating to fraudulent 
                loan or credit applications), 1032 (relating to 
                concealment of assets from conservator, 
                receiver, or liquidating agent of financial 
                institution), section 1111 (relating to 
                murder), section 1114 (relating to murder of 
                United States law enforcement officials), 
                section 1116 (relating to murder of foreign 
                officials, official guests, or internationally 
                protected persons), section 1201 (relating to 
                kidnapping), section 1203 (relating to hostage 
                taking), section 1361 (relating to willful 
                injury of Government property), section 1363 
                (relating to destruction of property within the 
                special maritime and territorial jurisdiction), 
                section 1708 (theft from the mail), section 
                1751 (relating to Presidential assassination), 
                section 2113 or 2114 (relating to bank and 
                postal robbery and theft), section 2280 
                (relating to violence against maritime 
                navigation), section 2281 (relating to violence 
                against maritime fixed platforms), or section 
                2319 (relating to copyright infringement), 
                section 2320 (relating to trafficking in 
                counterfeit goods and services),[,] section 
                2332 (relating to terrorist acts abroad against 
                United States nationals), section 2332a 
                (relating to use of weapons of mass 
                destruction), section 2332b (relating to 
                international terrorist acts transcending 
                national boundaries), or section 2339A 
                (relating to providing material support to 
                terrorists) of this title, section 46502 of 
                title 49, United States Code,[,] a felony 
                violation of the Chemical Diversion and 
                Trafficking Act of 1988 (relating to precursor 
                and essential chemicals), section 590 of the 
                Tariff Act of 1930 (19 U.S.C. 1590) (relating 
                to aviation smuggling), section 422 of the 
                Controlled Substances Act (relating to 
                transportation of drug paraphernalia), section 
                38(c) (relating to criminal violations) of the 
                Arms Export Control Act, section 11 (relating 
                to violations) of the Export Administration Act 
                of 1979, section 206 (relating to penalties) of 
                the International Emergency Economic Powers 
                Act, section 16 (relating to offenses and 
                punishment) of the Trading with the Enemy Act, 
                any felony violation of section 15 of the Food 
                Stamp Act of 1977 (relating to food stamp 
                fraud) involving a quantity of coupons having a 
                value of not less than $5,000, any violation of 
                section 543(a)(1) of the Housing Act of 1949 
                (relating to equity skimming), or any felony 
                violation of the Foreign Corrupt Practices Act; 
                [or]

                          environmental crimes

                    (E) a felony violation of the Federal Water 
                Pollution Control Act (33 U.S.C. 1251 et seq.), 
                the Ocean Dumping Act (33 U.S.C. 1401 et seq.), 
                the Act to Prevent Pollution from Ships (33 
                U.S.C. 1901 et seq.), the Safe Drinking Water 
                Act (42 U.S.C. 300f et seq.), or the Resources 
                Conservation and Recovery Act (42 U.S.C. 6901 
                et seq.)[.]; or
                    (F) [Any] any act or activity constituting 
                an offense involving a Federal health care 
                offense.

           *       *       *       *       *       *       *

CHAPTER 97--RAILROADS

           *       *       *       *       *       *       *

Sec. 1992. Wrecking trains

    (a) * * *

           *       *       *       *       *       *       *

    (b) Whoever is convicted of a violation of subsection (a) 
that has resulted in the death of any person, shall be subject 
also to the death penalty or to imprisonment for life.
    Whoever is convicted of any such violation involving a 
train that, at the time the violation occurred, carried high-
level radioactive waste (as that term is defined in section 
2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101(12))) or spent nuclear fuel (as that term is defined in 
section 2(23) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10101(23))), shall be fined under this title and 
imprisoned for any term [or] of years not less than 30, or for 
life.

           *       *       *       *       *       *       *

CHAPTER 101--RECORDS AND REPORTS

           *       *       *       *       *       *       *

Sec. 2075. Officer failing to make returns or reports

    Every officer who neglects or refuses to make any return or 
report which he is required to make at stated times by any Act 
of Congress or regulation of the Department of the Treasury, 
other than his accounts, within the time prescribed by such Act 
or regulation, shall be fined [not more than $1,000] under this 
title.

           *       *       *       *       *       *       *

CHAPTER 103--ROBBERY AND BURGLARY

           *       *       *       *       *       *       *

Sec. 2113. Bank robbery and incidental crimes

    (a) * * *

           *       *       *       *       *       *       *

    (b) Whoever takes and carries away, with intent to steal or 
purloin, any property or money or any other thing of value 
exceeding $1,000 belonging to, or in the care, custody, 
control, management, or possession of any bank, credit union, 
or any savings and loan association, shall be fined under this 
title or imprisoned not more than ten years, or both; or
    Whoever takes and carries away, with intent to steal or 
purloin, any property or money or any other thing of value not 
exceeding $1,000 belonging to, or in the care, custody, 
control, management, or possession of any bank, credit union, 
or any savings and loan association, shall be fined [not more 
than $1,000] under this title or imprisoned not more than one 
year, or both.

           *       *       *       *       *       *       *

CHAPTER 109--SEARCHES AND SEIZURES

           *       *       *       *       *       *       *

Sec. 2236. Searches without warrant

    Whoever, being an officer, agent, or employee of the United 
States or any department or agency thereof, engaged in the 
enforcement of any law of the United States, searches any 
private dwelling used and occupied as such dwelling without a 
warrant directing such search, or maliciously and without 
reasonable cause searches any other building or property 
without a search warrant, shall be fined under this title for a 
first offense [not more than $1,000]; and, for a subsequent 
offense, shall be fined under this title or imprisoned not more 
than one year, or both.
            This section shall not apply to any person--
                    (a) serving a warrant of arrest; or
                    (b) arresting or attempting to arrest a 
                person committing or attempting to commit an 
                offense in his presence, or who has committed 
                or is suspected on reasonable grounds of having 
                committed a felony; or
                    (c) making a search at the request or 
                invitation or with the consent of the occupant 
                of the premises.

           *       *       *       *       *       *       *

CHAPTER 113--STOLEN PROPERTY

           *       *       *       *       *       *       *

Sec. 2311. Definitions

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

           *       *       *       *       *       *       *

CHAPTER 113B--TERRORISM

           *       *       *       *       *       *       *

Sec. 2332b. Acts of terrorism transcending national boundaries

    (a) * * *

           *       *       *       *       *       *       *

    (g) Definitions.--As used in this section--
            (1) * * *

           *       *       *       *       *       *       *

            (5) the term ``Federal crime of terrorism'' means 
        an offense that--
                    (A) is calculated to influence or affect 
                the conduct of government by intimidation or 
                coercion, or to retaliate against government 
                conduct; and
                    (B) is a violation of--
                            (i) section 32 (relating to 
                        destruction of aircraft or aircraft 
                        facilities), 37 (relating to violence 
                        at international airports), 81 
                        (relating to arson within special 
                        maritime and territorial jurisdiction), 
                        175 (relating to biological weapons), 
                        351 (relating to congressional, 
                        cabinet, and Supreme Court 
                        assassination, kidnapping, and 
                        assault), 831 (relating to nuclear 
                        materials), 842 (m) or (n) (relating to 
                        plastic explosives), 844(e) (relating 
                        to certain bombings), 844 (f) or (i) 
                        (relating to arson and bombing of 
                        certain property), 930(c) (relating to 
                        certain killings in Federal 
                        facilities), 956 (relating to 
                        conspiracy to injure property of a 
                        foreign government), 1114 (relating to 
                        protection of officers and employees of 
                        the United States), 1116 (relating to 
                        murder or manslaughter of foreign 
                        officials, official guests, or 
                        internationally protected persons), 
                        1203 (relating to hostage taking), 1361 
                        (relating to injury of Government 
                        property or contracts), 1362 (relating 
                        to destruction of communication lines, 
                        stations, or systems), 1363 (relating 
                        to injury to buildings or property 
                        within special maritime and territorial 
                        jurisdiction of the United States), 
                        1366 (relating to destruction of an 
                        energy facility), 1751 (relating to 
                        Presidential and Presidential staff 
                        assassination, kidnapping, and 
                        assault), 1992 (relating to wrecking 
                        trains), 2152 (relating to injury of 
                        fortifications, harbor defenses, or 
                        defensive sea areas), 2155 (relating to 
                        destruction of national defense 
                        materials, premises, or utilities), 
                        2156 (relating to production of 
                        defective national defense materials, 
                        premises, or utilities), 2280 (relating 
                        to violence against maritime 
                        navigation), 2281 (relating to violence 
                        against maritime fixed platforms), 2332 
                        (relating to certain homicides and 
                        other violence against United States 
                        nationals occurring outside of the 
                        United States), 2332a (relating to use 
                        of weapons of mass destruction), 2332b 
                        (relating to acts of terrorism 
                        transcending national boundaries), 
                        [2332c,] 2339A (relating to providing 
                        material support to terrorists), 2339B 
                        (relating to providing material support 
                        to terrorist organizations), or 2340A 
                        (relating to torture);

           *       *       *       *       *       *       *

Sec. 2332d. Financial transactions

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

           *       *       *       *       *       *       *

Sec. 2339A. Providing material support to terrorists

    (a) Offense.--Whoever, within the United States, provides 
material support or resources or conceals or disguises the 
nature, location, source, or ownership of material support or 
resources, knowing or intending that they are to be used in 
preparation for, or in carrying out, a violation of section 32, 
37, 81, 175, 351, 831, 842 (m) or (n), 844 (f) or (i), 903(c), 
956, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 1992, 
2155, 2156, 2280, 2281, 2332, 2332a, 2332b, [2332c,] or 2340A 
of this title or section 46502 of title 49, or in preparation 
for, or in carrying out, the concealment [or] of an escape from 
the commission of any such violation, shall be fined under this 
title, imprisoned not more than 10 years, or both.

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

Sec. 2510. Definitions

    As used in this chapter--
            (1) * * *

           *       *       *       *       *       *       *

            (10) ``communication common carrier'' [shall have 
        the same meaning which is given the term ``common 
        carrier'' by section 153(h) of title 47 of the United 
        States Code;] has the meaning given that term in 
        section 3 of the Communications Act of 1934;

           *       *       *       *       *       *       *

Sec. 2516. Authorization for interception of wire, oral, or electronic 
                    communications

    (1) The Attorney General, Deputy Attorney General, 
Associate Attorney General, or any Assistant Attorney General, 
any acting Assistant Attorney General, or any Deputy Assistant 
Attorney General or acting Deputy Assistant Attorney General in 
the Criminal Division specially designated by the Attorney 
General, may authorize an application to a Federal judge of 
competent jurisdiction for, and such judge may grant in 
conformity with section 2518 of this chapter an order 
authorizing or approving the interception of wire or oral 
communications by the Federal Bureau of Investigation, or a 
Federal agency having responsibility for the investigation of 
the offense as to which the application is made, when such 
interception may provide or has provided evidence of--
            (a) * * *

           *       *       *       *       *       *       *

            (o) any violation of section 5861 of the Internal 
        Revenue Code of 1986 (relating to firearms); or
            [(p) a felony violation of section 1028 (relating 
        to production of false identification documents), 
        section 1542 (relating to false statements in passport 
        applications), section 1546 (relating to fraud and 
        misuse of visas, permits, and other documents) of this 
        title or a violation of section 274, 277, or 278 of the 
        Immigration and Nationality Act (relating to the 
        smuggling of aliens); or]
            (p) any conspiracy to commit any offense described 
        in any subparagraph of this paragraph.

           *       *       *       *       *       *       *

PART II--CRIMINAL PROCEDURE

           *       *       *       *       *       *       *

CHAPTER 213--LIMITATIONS

           *       *       *       *       *       *       *

Sec. 3286. Extension of statute of limitation for certain terrorism 
                    offenses

    Notwithstanding section 3282, no person shall be 
prosecuted, tried, or punished for any non-capital offense 
involving a violation of section 32 (aircraft destruction), 
section 37 (airport violence), section 112 (assaults upon 
diplomats), section 351 (crimes against Congressmen or Cabinet 
officers), section 1116 (crimes against diplomats), section 
1203 (hostage taking), section 1361 (willful injury to 
government property), section 1751 (crimes against the 
President), section 2280 (maritime violence), section 2281 
(maritime platform violence), section 2332 (terrorist acts 
abroad against United States nationals), section 2332a (use of 
weapons of mass destruction), section 2332b (acts of terrorism 
transcending national boundaries), or section 2340A (torture) 
of this title or section 46502, 46504, 46505, or 46506 of title 
49, unless the indictment is found or the information is 
instituted within 8 years after the offense was committed.

           *       *       *       *       *       *       *

                  CHAPTER 223--WITNESSES AND EVIDENCE

Sec.
3481.  Competency of accused.
     * * * * * * *
[3503.  Depositions to preserve testimony.]
     * * * * * * *

[Sec. 3503. Depositions to preserve testimony

    [(a) Whenever due to exceptional circumstances it is in the 
interest of justice that the testimony of a prospective witness 
of a party be taken and preserved, the court at any time after 
the filing of an indictment or information may upon motion of 
such party and notice to the parties order that the testimony 
of such witness be taken by deposition and that any designated 
book, paper, document, record, recording, or other material not 
privileged be produced at the same time and place. If a witness 
is committed for failure to give bail to appear to testify at a 
trial or hearing, the court on written motion of the witness 
and upon notice to the parties may direct that his deposition 
be taken. After the deposition has been subscribed the court 
may discharge the witness. A motion by the Government to obtain 
an order under this section shall contain certification by the 
Attorney General or his designee that the legal proceeding is 
against a person who is believed to have participated in an 
organized criminal activity.
    [(b) The party at whose instance a deposition is to be 
taken shall give to every party reasonable written notice of 
the time and place for taking the deposition. The notice shall 
state the name and address of each person to be examined. On 
motion of a party upon whom the notice is served, the court for 
cause shown may extend or shorten the time or change the place 
for taking the deposition. The officer having custody of a 
defendant shall be notified of the time and place set for the 
examination, and shall produce him at the examination and keep 
him in the presence of the witness during the examination. A 
defendant not in custody shall have the right to be present at 
the examination, but his failure, absent good cause shown, to 
appear after notice and tender of expenses shall constitute a 
waiver of that right and of any objection to the taking and use 
of the deposition based upon that right.
    [(c) If a defendant is without counsel, the court shall 
advise him of his rights and assign counsel to represent him 
unless the defendant elects to proceed without counsel or is 
able to obtain counsel of his own choice. Whenever a deposition 
is taken at the instance of the Government, or whenever a 
deposition is taken at the instance of a defendant who appears 
to be unable to bear the expense of the taking of the 
deposition, the court may direct that the expenses of travel 
and subsistence of the defendant and his attorney for 
attendance at the examination shall be paid by the Government. 
In such event the marshal shall make payment accordingly.
    [(d) A deposition shall be taken and filed in the manner 
provided in civil actions, provided that (1) in no event shall 
a deposition be taken of a party defendant without his consent, 
and (2) the scope of examination and cross-examination shall be 
such as would be allowed in the trial itself. On request or 
waiver by the defendant the court may direct that a deposition 
be taken on written interrogatories in the manner provided in 
civil actions. Such request shall constitute a waiver of any 
objection to the taking and use of the deposition based upon 
its being so taken.
    [(e) The Government shall make available to the defendant 
for his examination and use at the taking of the deposition any 
statement of the witness being deposed which is in the 
possession of the Government and which the Government would be 
required to make available to the defendant if the witness were 
testifying at the trial.
    [(f) At the trial or upon any hearing, a part or all of a 
deposition, so far as otherwise admissible under the rules of 
evidence, may be used if it appears: That the witness is dead; 
or that the witness is out of the United States, unless it 
appears that the absence of the witness was procured by the 
party offering the deposition; or that the witness is unable to 
attend or testify because of sickness or infirmity; or that the 
witness refuses in the trial or hearing to testify concerning 
the subject of the deposition or part offered; or that the 
party offering the deposition has been unable to procure the 
attendance of the witness by subpena. Any deposition may also 
be used by any party for the purpose of contradicting or 
impeaching the testimony of the deponent as a witness. If only 
a part of a deposition is offered in evidence by a party, an 
adverse party may require him to offer all of it which is 
relevant to the part offered and any party may offer other 
parts.
    [(g) Objections to receiving in evidence a deposition or 
part thereof may be made as provided in civil actions.]

           *       *       *       *       *       *       *

CHAPTER 227--SENTENCES

           *       *       *       *       *       *       *

SUBCHAPTER A--GENERAL PROVISIONS

           *       *       *       *       *       *       *

Sec. 3553. Imposition of a sentence

    (a) * * *

           *       *       *       *       *       *       *

    (e) Limited Authority To Impose a Sentence Below a 
Statutory Minimum.--Upon motion of the Government, the court 
shall have the authority to impose a sentence below a level 
established by statute as a minimum sentence so as to reflect a 
defendant's substantial assistance in the investigation or 
prosecution of another person who has committed an offense. 
Such sentence shall be imposed in accordance with the 
guidelines and policy statements issued by the Sentencing 
Commission pursuant to section 994 of title 28, United States 
Code.

           *       *       *       *       *       *       *

SUBCHAPTER B--PROBATION

           *       *       *       *       *       *       *

Sec. 3563. Conditions of probation

    (a) Mandatory Conditions.--The court shall provide, as an 
explicit condition of a sentence of probation--
            (1) * * *
            (2) for a felony, that the defendant also abide by 
        at least one condition set forth in subsection (b)(2)[, 
        (b)(3), or (b)(13)] or (b)(12), unless the court finds 
        on the record that extraordinary circumstances exist 
        that would make such a condition plainly unreasonable, 
        in which event the court shall impose one or more of 
        the other conditions set forth under subsection (b);

           *       *       *       *       *       *       *

SUBCHAPTER D--IMPRISONMENT

           *       *       *       *       *       *       *

Sec. 3583. Inclusion of a term of supervised release after imprisonment

    (a) * * *

           *       *       *       *       *       *       *

    (d) Conditions of Supervised Release.--The court shall 
order, as an explicit condition of supervised release, that the 
defendant not commit another Federal, State, or local crime 
during the term of supervision and that the defendant not 
unlawfully possess a controlled substance. The court shall 
order as an explicit condition of supervised release for a 
defendant convicted for the first time of a domestic violence 
crime as defined in section 3561(b) that the defendant attend a 
public, private, or private nonprofit offender rehabilitation 
program that has been approved by the court, in consultation 
with a State Coalition Against Domestic Violence or other 
appropriate experts, if an approved program is readily 
available within a 50-mile radius of the legal residence of the 
defendant. The court shall order, as an explicit condition of 
supervised release for a person described in section 
4042(c)(4), that the person report the address where the person 
will reside and any subsequent change of residence to the 
probation officer responsible for supervision, and that the 
person register in any State where the person resides, is 
employed, carries on a vocation, or is a student (as such terms 
are defined under section 170101(a)(3) of the Violent Crime 
Control and Law Enforcement Act of 1994). The court shall 
order, as an explicit condition of supervised release, that the 
defendant cooperate in the collection of a DNA sample from the 
defendant, if the collection of such a sample is authorized 
pursuant to section 3 of the DNA Analysis Backlog Elimination 
Act of 2000. The court shall also order, as an explicit 
condition of supervised release, that the defendant refrain 
from any unlawful use of a controlled substance and submit to a 
drug test within 15 days of release on supervised release and 
at least 2 periodic drug tests thereafter (as determined by the 
court) for use of a controlled substance. The condition stated 
in the preceding sentence may be ameliorated or suspended by 
the court as provided in section 3563(a)(4). The results of a 
drug test administered in accordance with the preceding 
subsection shall be subject to confirmation only if the results 
are positive, the defendant is subject to possible imprisonment 
for such failure, and either the defendant denies the accuracy 
of such test or there is some other reason to question the 
results of the test. A drug test confirmation shall be a urine 
drug test confirmed using gas chromatography/mass spectrometry 
techniques or such test as the Director of the Administrative 
Office of the United States Courts after consultation with the 
Secretary of Health and Human Services may determine to be of 
equivalent accuracy. The court shall consider whether the 
availability of appropriate substance abuse treatment programs, 
or an individual's current or past participation in such 
programs, warrants an exception in accordance with United 
States Sentencing Commission guidelines from the rule of 
section 3583(g) when considering any action against a defendant 
who fails a drug test. The court may order, as a further 
condition of supervised release, to the extent that such 
condition--
            (1) * * *

           *       *       *       *       *       *       *

any condition set forth as a discretionary condition of 
probation in [section 3563(b)(1) through (b)(10) and (b)(12) 
through (b)(20)] paragraphs (1) through (9) and (11) through 
(19) of section 3563(b), and any other condition it considers 
to be appropriate. If an alien defendant is subject to 
deportation, the court may provide, as a condition of 
supervised release, that he be deported and remain outside the 
United States, and may order that he be delivered to a duly 
authorized immigration official for such deportation.

           *       *       *       *       *       *       *

CHAPTER 228--DEATH SENTENCE

           *       *       *       *       *       *       *

Sec. 3592. Mitigating and aggravating factors to be considered in 
                    determining whether a sentence of death is 
                    justified

    (a) * * *

           *       *       *       *       *       *       *

    (c) Aggravating Factors for Homicide.--In determining 
whether a sentence of death is justified for an offense 
described in section 3591(a)(2), the jury, or if there is no 
jury, the court, shall consider each of the following 
aggravating factors for which notice has been given and 
determine which, if any, exist:
            (1) Death during commission of another crime.--The 
        death, or injury resulting in death, occurred during 
        the commission or attempted commission of, or during 
        the immediate flight from the commission of, an offense 
        under section 32 (destruction of aircraft or aircraft 
        facilities), section 33 (destruction of motor vehicles 
        or motor vehicle facilities), [section 36] section 37 
        (violence at international airports), section 351 
        (violence against Members of Congress, Cabinet 
        officers, or Supreme Court Justices), an offense under 
        section 751 (prisoners in custody of institution or 
        officer), section 794 (gathering or delivering defense 
        information to aid foreign government), section 844(d) 
        (transportation of explosives in interstate commerce 
        for certain purposes), section 844(f) (destruction of 
        Government property by explosives), section 1118 
        (prisoners serving life term), section 1201 
        (kidnapping), section 844(i) (destruction of property 
        affecting interstate commerce by explosives), section 
        1116 (killing or attempted killing of diplomats), 
        section 1203 (hostage taking), section 1992 (wrecking 
        trains), section 2280 (maritime violence), section 2281 
        (maritime platform violence), section 2332 (terrorist 
        acts abroad against United States nationals), section 
        2332a (use of weapons of mass destruction), or section 
        2381 (treason) of this title, or section 46502 of title 
        49, United States Code (aircraft piracy).

           *       *       *       *       *       *       *

Sec. 3593. Special hearing to determine whether a sentence of death is 
                    justified

    (a) * * *

           *       *       *       *       *       *       *

    (c) Proof of Mitigating and Aggravating Factors.--
Notwithstanding rule 32[(c)] of the Federal Rules of Criminal 
Procedure, when a defendant is found guilty or pleads guilty to 
an offense under section 3591, no presentence report shall be 
prepared. At the sentencing hearing, information may be 
presented as to any matter relevant to the sentence, including 
any mitigating or aggravating factor permitted or required to 
be considered under section 3592. Information presented may 
include the trial transcript and exhibits if the hearing is 
held before a jury or judge not present during the trial, or at 
the trial judge's discretion. The defendant may present any 
information relevant to a mitigating factor. The government may 
present any information relevant to an aggravating factor for 
which notice has been provided under subsection (a). 
Information is admissible regardless of its admissibility under 
the rules governing admission of evidence at criminal trials 
except that information may be excluded if its probative value 
is outweighed by the danger of creating unfair prejudice, 
confusing the issues, or misleading the jury. For the purposes 
of the preceding sentence, the fact that a victim, as defined 
in section 3510, attended or observed the trial shall not be 
construed to pose a danger of creating unfair prejudice, 
confusing the issues, or misleading the jury. The government 
and the defendant shall be permitted to rebut any information 
received at the hearing, and shall be given fair opportunity to 
present argument as to the adequacy of the information to 
establish the existence of any aggravating or mitigating 
factor, and as to the appropriateness in the case of imposing a 
sentence of death. The government shall open the argument. The 
defendant shall be permitted to reply. The government shall 
then be permitted to reply in rebuttal. The burden of 
establishing the existence of any aggravating factor is on the 
government, and is not satisfied unless the existence of such a 
factor is established beyond a reasonable doubt. The burden of 
establishing the existence of any mitigating factor is on the 
defendant, and is not satisfied unless the existence of such a 
factor is established by a preponderance of the information.

           *       *       *       *       *       *       *

CHAPTER 229--POSTSENTENCE ADMINISTRATION

           *       *       *       *       *       *       *

SUBCHAPTER B--FINES

           *       *       *       *       *       *       *

Sec. 3612. Collection of unpaid fine or restitution

    (a) * * *

           *       *       *       *       *       *       *

    (f) Interest on Fines and Restitution.--
            (1) * * *
            (2) Computation.--Interest on a fine shall be 
        computed--
                    (A) daily (from the first day on which the 
                defendant is liable for interest under 
                paragraph (1)); and
                    (B) at a rate equal to the weekly average 
                1-year constant maturity Treasury yield, as 
                published by the Board of Governors of the 
                Federal Reserve System, for the calendar week 
                preceding[.] the first day on which the 
                defendant is liable for interest under 
                paragraph (1).

           *       *       *       *       *       *       *

CHAPTER 232--MISCELLANEOUS SENTENCING PROVISIONS

           *       *       *       *       *       *       *

Sec. 3664. Procedure for issuance and enforcement of order of 
                    restitution

    (a) * * *

           *       *       *       *       *       *       *

    (o) A sentence that imposes an order of restitution is a 
final judgment notwithstanding the fact that--
            (1) such a sentence can subsequently be--
                    (A) corrected under Rule 35 of the Federal 
                Rules of Criminal Procedure and section 3742 of 
                chapter 235 of this title;
                    (B) appealed and modified under section 
                3742;
                    (C) amended under [section 3664(d)(3)] 
                subsection (d)(5); or

           *       *       *       *       *       *       *

PART III--PRISONS AND PRISONERS

           *       *       *       *       *       *       *

CHAPTER 306--TRANSFER TO OR FROM FOREIGN COUNTRIES

           *       *       *       *       *       *       *

Sec. 4104. Transfer of offenders on probation

    (a) * * *

           *       *       *       *       *       *       *

    (d) The probation may be revoked in accordance with 
[section 3653 of this title and rule 32(f) of] section 3565 of 
this title and the applicable provisions of the Federal Rules 
of Criminal Procedure. A violation of the conditions of 
probation shall constitute grounds for revocation. If probation 
is revoked the suspended sentence imposed by the sentencing 
court shall be executed.

           *       *       *       *       *       *       *

                              ----------                              

 SECTION 60003(a)(13) OF VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT 
                                OF 1994

                          (Public Law 103-322)

SEC. 60003. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED.

    (a) Conforming Changes in Title 18.--Title 18, United 
States Code, is amended as follows:
            (1) * * *

           *       *       *       *       *       *       *

            (13) Genocide.--Section 1091(b)(1) of title 18, 
        United States Code, is amended by striking ``a fine of 
        not more than [$1,000,000 or imprisonment] $1,000,000 
        and imprisonment for life,'' and inserting ``, where 
        death results, by death or imprisonment for life and a 
        fine of not more than $1,000,000, or both;''.

           *       *       *       *       *       *       *

                              ----------                              

 SECTION 726 THE ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996

SEC. 726. ADDITION OF TERRORISM OFFENSES TO THE MONEY LAUNDERING 
                    STATUTE.

    Section 1956(c)(7) of title 18, United States Code, is 
amended--
            (1) * * *
            (2) in subparagraph (D)--
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) by inserting after ``[section] 798 
                (relating to espionage),'' the following: 
                ``section 831 (relating to prohibited 
                transactions involving nuclear materials), 
                section 844 (f) or (i) (relating to destruction 
                by explosives or fire of Government property or 
                property affecting interstate or foreign 
                commerce),'';

           *       *       *       *       *       *       *

                    (E) by inserting after ``[section] 1032 
                (relating to concealment of assets from 
                conservator, receiver, or liquidating agent of 
                financial institution),'' the following: 
                ``section 1111 (relating to murder), section 
                1114 (relating to murder of United States law 
                enforcement officials), section 1116 (relating 
                to murder of foreign officials, official 
                guests, or internationally protected 
                persons),'';

           *       *       *       *       *       *       *

                    (G) by inserting after ``section 1708 
                ([relating to] theft from the mail),'' the 
                following: ``section 1751 (relating to 
                Presidential assassination),'';

           *       *       *       *       *       *       *

                              ----------                              

                     ECONOMIC ESPIONAGE ACT OF 1996

                TITLE VI--TECHNICAL AND MINOR AMENDMENTS

SEC. 601. GENERAL TECHNICAL AMENDMENTS.

    (a) * * *
    (b) Cross Reference Corrections and Corrections of 
Typographical Errors.--
            [(1) Section 3286 of title 18, United States Code, 
        is 
        amended--
                    [(A) by striking ``2331'' and inserting 
                ``2332'';
                    [(B) by striking ``2339'' and inserting 
                ``2332a''; and
                    [(C) by striking ``36'' and inserting 
                ``37''.
            [(2) Section 2339A(b) of title 18, United States 
        Code, is amended--
                    [(A) by striking ``2331'' and inserting 
                ``2332'';
                    [(B) by striking ``2339'' and inserting 
                ``2332a'';
                    [(C) by striking ``36'' and inserting 
                ``37''; and
                    [(D) by striking ``of an escape'' and 
                inserting ``or an escape''.]
            (3) Section 1961(1)(D) of title 18, United States 
        Code, is amended by striking ``that title'' and 
        inserting ``this title''.
            [(4) Section 2423(b) of title 18, United States 
        Code, is amended by striking ``2245'' and inserting 
        ``2246''.]
    (c) Simplification and Clarification of Wording.--
            (1) * * *

           *       *       *       *       *       *       *

            (3) Section [247(d)] 247(e) of title 18, United 
        States Code, is amended by striking ``notification'' 
        and inserting ``certification''.
    (d) Correction of Paragraph Connectors.--Section 2516(1) of 
title 18, United States Code, is amended--
            (1) * * *
            [(2) in paragraph (n), by striking ``and'' where it 
        appears after the semicolon and inserting ``or''.]

           *       *       *       *       *       *       *

    (f) Corrections of Punctuation and Other Erroneous Form.--
            (1) * * *
            [(2) Section 1114 of title 18, United States Code, 
        is amended by striking ``1112.'' and inserting 
        ``1112,''.]

           *       *       *       *       *       *       *

    (j) Redesignation of Duplicate Chapter Number and 
Conforming Clerical Amendment.--
            [(1) Redesignation.--The chapter 113B added to 
        title 18, United States Code, by Public Law 103-236 is 
        redesignated chapter 113C.]
            (2) Conforming clerical amendment.--The table of 
        chapters at the beginning of part I of title 18, United 
        States Code, is amended in the item relating to the 
        chapter redesignated by paragraph (1)--
                    [(A) by striking ``113B'' and inserting 
                ``113C''; and]

           *       *       *       *       *       *       *

    (k) Redesignation of Duplicate Paragraph Numbers and 
Correction of Placement of Paragraphs in Section 3563.--
            [(1) Redesignation.--Section 3563(a) of title 18, 
        United States Code, is amended by redesignating the 
        second paragraph (4) as paragraph (5).
            [(2) Conforming connector change.--Section 3563(a) 
        of title 18, United States Code, is amended--
                    [(A) by striking ``and'' at the end of 
                paragraph 
                (3); and
                    [(B) by striking the period at the end of 
                paragraph (4) and inserting ``; and''.]

           *       *       *       *       *       *       *

SEC. 602. REPEAL OF OBSOLETE PROVISIONS IN TITLE 18.

    (a) * * *

           *       *       *       *       *       *       *

    [(d) Section 281 Repeal.--Section 281 of title 18, United 
States Code, is repealed and the table of sections at the 
beginning of chapter 15 of such title is amended by striking 
the item relating to such section.]

           *       *       *       *       *       *       *

SEC. 604. ADDITIONAL AMENDMENTS ARISING FROM ERRORS IN 
                    PUBLIC LAW 103-322.

    (a) * * *
    (b) Unit Reference Corrections, Removal of Duplicate 
Amendments, and Other Similar Corrections.--
            (1) * * *

           *       *       *       *       *       *       *

            [(4) Section 102 of the Controlled Substances Act 
        (21 U.S.C. 802) is amended by redesignating the second 
        paragraph (43) as paragraph (44).]

           *       *       *       *       *       *       *

SEC. 605. ADDITIONAL TYPOGRAPHICAL AND SIMILAR ERRORS FROM VARIOUS 
                    SOURCES.

    (a) * * *

           *       *       *       *       *       *       *

    [(r) Correction of Word Usage.--Section 247(d) of title 18, 
United States Code, is amended by striking ``notification'' and 
inserting ``certification''.]

           *       *       *       *       *       *       *

SEC. 607. APPLICATION OF VARIOUS OFFENSES TO POSSESSIONS AND 
                    TERRITORIES.

    (a) * * *

           *       *       *       *       *       *       *

    (g) Section 1716 of title 18, United States Code, is 
amended--
            (1) * * *
            (2) in subsection (g)(3) by striking ``the 
        municipal government of the District of Columbia or of 
        the government of any State or [territory] Territory, 
        or any county, city, or other political subdivision of 
        a State'' and inserting ``any State, or any political 
        subdivision of a State''; and

           *       *       *       *       *       *       *

    (j) Section 102 of the Controlled Substances Act (21 U.S.C. 
802) is amended--
            (1) * * *
            [(2) by redesignating paragraph (43), as added by 
        section 90105(d) of the Violent Crime Control and Law 
        Enforcement Act of 1994, as paragraph (44).]

           *       *       *       *       *       *       *

                              ----------                              

                       CONTROLLED SUBSTANCES ACT

           *       *       *       *       *       *       *
TITLE II--CONTROL AND ENFORCEMENT

           *       *       *       *       *       *       *

                     Part D--Offenses and Penalties

                      prohibited acts a--penalties

    Sec. 401. (a) * * *

           *       *       *       *       *       *       *

    (d)(1) Any person who assembles, maintains, places, or 
causes to be placed a boobytrap on Federal property where a 
controlled substance is being manufactured, distributed, or 
dispensed shall be sentenced to a term of imprisonment for not 
more than 10 years [and shall be fined not more than $10,000] 
or fined under title 18, United States Code, or both.
    (2) If any person commits such a violation after 1 or more 
prior convictions for an offense punishable under this 
subsection, such person shall be sentenced to a term of 
imprisonment of not more than 20 years [and shall be fined not 
more than $20,000] or fined under title 18, United States Code, 
or both.

           *       *       *       *       *       *       *

                      Prohibited Acts B--Penalties

    Sec. 402. (a) * * *

           *       *       *       *       *       *       *

    (c)(1) * * *
    (2)(A) If a violation of this section is prosecuted by an 
information or indictment which alleges that the violation was 
committed knowingly and the trier of fact specifically finds 
that the violation was so committed, such person shall, except 
as otherwise provided in subparagraph (B) of this paragraph, be 
sentenced to imprisonment of not more than one year or a fine 
[of not more than $25,000] under title 18, United States Code, 
or both.
    (B) If a violation referred to in subparagraph (A) was 
committed after one or more prior convictions of the offender 
for an offense punishable under this paragraph (2), or for a 
crime under any other provision of this title or title III or 
other law of the United States relating to narcotic drugs, 
marihuana, or depressant or stimulant substances, have become 
final, such person shall be sentenced to a term of imprisonment 
of not more than 2 years, a fine [of $50,000] under title 18, 
United States Code, or both.
    (C) In addition to the penalties set forth elsewhere in 
this title or title III, any business that violates paragraph 
(11) of subsection (a) shall, with respect to the first such 
violation, be subject to a civil penalty of not more than 
$250,000, but shall not be subject to criminal penalties under 
this section, and shall, for any succeeding violation, be 
subject to a civil fine of not more than $250,000 or double the 
last previously imposed penalty, whichever is greater.

           *       *       *       *       *       *       *

                      Prohibited Acts C--Penalties

    Sec. 403. (a) * * *

           *       *       *       *       *       *       *

    (d)(1) Except as provided in paragraph (2), any person who 
violates this section shall be sentenced to a term of 
imprisonment of not more than 4 years, a fine [of not more than 
$30,000] under title 18, United States Code, or both; except 
that if any person commits such a violation after one or more 
prior convictions of him for violation of this section, or for 
a felony under any other provision of this title or title III 
or other law of the United States relating to narcotic drugs, 
marihuana, or depressant or stimulant substances, have become 
final, such person shall be sentenced to a term of imprisonment 
of not more than 8 years, a fine [of not more than $60,000] 
under title 18, United States Code, or both.
    (2) Any person who, with the intent to manufacture or to 
facilitate the manufacture of methamphetamine, violates 
paragraph (6) or (7) of subsection (a), shall be sentenced to a 
term of imprisonment of not more than 10 years, a fine [of not 
more than $30,000] under title 18, United States Code, or both; 
except that if any person commits such a violation after one or 
more prior convictions of that person--
            (A) for a violation of paragraph (6) or (7) of 
        subsection (a);
            (B) for a felony under any other provision of this 
        subchapter or subchapter II of this chapter; or
            (C) under any other law of the United States or any 
        State relating to controlled substances or listed 
        chemicals,
has become final, such person shall be sentenced to a term of 
imprisonment of not more than 20 years, a fine [of not more 
than $60,000] under title 18, United States Code, or both.

           *       *       *       *       *       *       *

Part E--Administrative and Enforcement Provisions

           *       *       *       *       *       *       *

                              forfeitures

    Sec. 511. (a) The following shall be subject to forfeiture 
to the United States and no property right shall exist in them:
            (1) * * *

           *       *       *       *       *       *       *

            (10) Any drug paraphernalia (as defined in section 
        [1822 of the Mail Order Drug Paraphernalia Control Act] 
        422).

           *       *       *       *       *       *       *

                              ----------                              

 SECTION 583 OF THE FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED 
                   PROGRAMS APPROPRIATIONS ACT, 1998

                         War Crimes Prosecution

    Sec. 583. [Section 2401] Section 2441 of title 18, United 
States Code (Public Law 104-192; the War Crimes Act of 1996) is 
amended as follows--
            (1) * * *

           *       *       *       *       *       *       *

                              ----------                              

  SECTION 115 OF THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE 
        JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1998

                          (Public Law 105-119)

    Sec. 115. (a) Standards for Sex Offender Registration 
Programs.--
            (1) * * *

           *       *       *       *       *       *       *

            (8) Federal offenders and military personnel.--(A) 
        * * *
            (B)(i) Section 3563(a) of title 18, United States 
        Code, is amended by striking the matter at the end of 
        paragraph (7) beginning with ``The results of a drug 
        test'' and all that follows through the end of such 
        [paragraph] subsection and inserting that matter [at 
        the end of] following section 3563.
            (ii) The matter inserted by [subparagraph (A)] 
        clause (i) at the end of section 3563 is amended--
                    (I) * * *

           *       *       *       *       *       *       *

                           Markup Transcript

                            BUSINESS MEETING

                         TUESDAY, JUNE 26, 2001

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:35 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
    Chairman Sensenbrenner. The Committee will be in order. A 
working quorum is present.
    Pursuant to notice, I now call up the bill, H.R. 2137, a 
bill to make clerical and other technical amendments to title 
18, United States Code, and other laws relating to crime and 
criminal procedure for purposes of markup and move its 
favorable recommendation to the House.
    [The bill, H.R. 2137, follows:]
    
    
    Chairman Sensenbrenner. Without objection, the bill will be 
considered as read and open for amendment at any point.
    The Chair recognizes himself for 5 minutes.
    The last half of the 20th century saw an explosion of 
Federal criminal statutes. According to a study conducted by 
the Task Force on Federalization of Criminal Law of the 
Criminal Law Section of the American Bar Association, more than 
40 percent of the Federal criminal provisions enacted since the 
Civil War have been enacted since 1970. This explosion of 
lawmaking has resulted in numerous technical mistakes which 
litter the criminal code.
    This bill makes over 60 separate clerical and technical 
changes to various criminal statutes by correcting missing and 
incorrect words, margins, punctuations, redundancies, outmoded 
fine amounts, and cross-references. These and other changes 
will make it easier to apply these important statutes.
    This bill is bipartisan legislation, which resulted from 
extensive consultation between the majority and minority, and 
suggestions from the offices of legislative counsel and law 
revision counsel. I would like to thank all involved in the 
process of reviewing the minutiae of the code to put this 
legislation together.
    Let me also say that yesterday majority staff handling this 
issue received an informal memorandum from the Justice 
Department, asking that additional technical corrections be 
included in the bill. Because we have not had enough time to 
review these suggestions, we will not be including them as an 
amendment here today.
    However, I would like to continue to work with Mr. Conyers, 
Mr. Scott, and Mr. Smith of Texas on these with the intention 
of including these suggestions in the bill which are truly 
clerical and technical.
    I will now yield to the gentleman from Michigan for 
whatever comments he wishes to make.
    Mr. Conyers. Thank you, Mr. Chairman.
    I ask unanimous consent to enter the statement of our 
colleague from Virginia, Mr. Bobby Scott, on this matter.
    Chairman Sensenbrenner. Without objection.
    Mr. Conyers. Thank you.
    Chairman Sensenbrenner. Without objection, all Members may 
insert opening statements in the record at this point.
    Are there amendments?
    Hearing none, the question occurs on the motion to report 
the bill, H.R. 2137, favorably as amended.
    Do we have a----
    A reporting quorum is not present. Without objection, the 
previous question is ordered and further proceedings on this 
bill will be postponed.
    And would the staff please serve subpoenas on the missing 
Members? [Laughter.]
    [Intervening Business.]
    A reporting quorum is present. The Committee now returns to 
the pending unfinished business upon which the previous 
question was ordered on H.R. 2137.
    The question is on the motion to report favorably the bill 
H.R. 2137.
    Those in favor will say aye.
    Those opposed will say no.
    The ayes appear to have it. The ayes have it.
    Without objection, the Chair is authorized to move to go to 
conference pursuant to House rules.
    Without objection, the staff is directed to make any 
technical and conforming changes.
    All Members will be given 2 days, under House rules, in 
which to submit additional dissenting, supplemental, or 
minority views.
    This concludes the purpose for which this markup has been 
called, and the Committee stands adjourned.
    [Whereupon, at 10:40 p.m., the Committee was adjourned.]

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