I
105TH CONGRESS
2D SESSION
H. R. 4651
To make minor and technical amendments relating to Federal criminal law
and procedure.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 28, 1998
Mr. MCCOLLUM (for himself and Mr. CONYERS) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To make minor and technical amendments relating to
Federal criminal law and procedure.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Criminal Law
Improvements Act of 1998’’.
TITLE I—AMENDMENTS RELAT-
ING TO COURTS AND SEN-
TENCING
SEC. 101. ELIMINATION OF OUTMODED CERTIFICATION RE-
QUIREMENT.
Section 3731 of title 18, United States Code, is
amended in the second paragraph by striking ‘‘, if the
United States attorney certifies to the district court that
the appeal is not taken for purpose of delay and that the
evidence is a substantial proof of a fact material in the
proceeding’’.
SEC. 102. CORRECTION OF ABERRANT STATUTES TO PER-
MIT IMPOSITION OF BOTH A FINE AND IM-
PRISONMENT RATHER THAN ONLY EITHER
PENALTY.
(a) CONTEMPT POWER.—Section 401 of title 18,
United States Code, is amended by inserting ‘‘or both,’’
after ‘‘fine or imprisonment,’’.
(b) DESTRUCTION
OF
LETTER
BOXES.—Section
1705 of title 18, United States Code, is amended by in-
serting ‘‘, or both’’ after ‘‘years’’.
(c) VARIOUS BREACHES OF OFFICIAL DUTY.—Sec-
tions 1916, 2234, and 2235 of title 18, United States
Code, are each amended by inserting ‘‘, or both’’ after
‘‘year’’.
SEC. 103. ALLOWING A REDUCTION OF SENTENCE FOR
PROVIDING USEFUL INVESTIGATIVE INFOR-
MATION ALTHOUGH NOT REGARDING A PAR-
TICULAR INDIVIDUAL.
Section 3553(e) of title 18, United States Code, sec-
tion 994(n) of title 28, United States Code, and Rule
35(b) of the Federal Rules of Criminal Procedure are each
amended by striking ‘‘substantial assistance in the inves-
tigation or prosecution of another person who has commit-
ted an offense’’ and inserting ‘‘substantial assistance in
an investigation of any offense or the prosecution of an-
other person who has committed an offense’’.
SEC. 104. APPEALS FROM CERTAIN DISMISSALS.
Section 3731 of title 18, United States Code, is
amended by inserting ‘‘or any part thereof’’ after ‘‘as to
any one or more counts’’.
SEC. 105. IMPROVEMENT OF HATE CRIMES SENTENCING
PROCEDURE.
Section 280003(b) of Public Law 103–322 is amend-
ed by striking ‘‘the finder of fact at trial’’ and inserting
‘‘the court at sentencing’’.
SEC. 106. CLARIFICATION OF LENGTH OF SUPERVISED RE-
LEASE TERMS IN CONTROLLED SUBSTANCE
CASES.
Sections 401(b)(1)(A), (B), (C), and (D) of the Con-
trolled Substances Act (21 U.S.C. 841(b)(1)(A), (B), (C),
and (D)) are each amended by striking ‘‘Any sentence’’
and inserting ‘‘Notwithstanding section 3583 of title 18,
United States Code, any sentence’’.
SEC. 107. AUTHORITY OF COURT TO IMPOSE A SENTENCE
OF PROBATION OR SUPERVISED RELEASE
WHEN REDUCING A SENTENCE OF IMPRISON-
MENT IN CERTAIN CASES.
Section 3582(c)(1)(A) of title 18, United States
Code, is amended by inserting ‘‘(and may impose a sen-
tence of probation or supervised release with or without
conditions)’’ after ‘‘may reduce the term of imprison-
ment’’.
SEC. 108. GOOD TIME CALCULATION FOR FOREIGN PRIS-
ONERS 
TRANSFERRED 
TO 
THE 
UNITED
STATES.
(a) IN GENERAL.—Section 4105(c) of title 18,
United States Code, is amended—
(1) in paragraph (1) by inserting ‘‘by the Bu-
reau of Prisons and deducted from the sentence im-
posed by the foreign court’’ after ‘‘These credits
shall be combined’’;
(2) by redesignating paragraphs (3) and (4) as
paragraphs (5) and (6), respectively; and
(3) by inserting after paragraph (2) the follow-
ing:
‘‘(3) If the term of imprisonment under section
4106A(b)(1)(A) is less than or equal to the total sentence
imposed and certified by the foreign authorities on the
basis of considerations other than the limitation arising
under section 4106A(b)(1)(C), the Bureau of Prisons shall
calculate credits for satisfactory behavior at the rate pro-
vided in section 3624(b) and computed on the basis of the
term of imprisonment under section 4106A(b)(1)(A). If
the credits calculated under this paragraph produce a re-
lease date that is earlier than the release date otherwise
determined under this section, the release date calculated
under this paragraph shall apply to the transferred of-
fender.
‘‘(4) Upon release from prison, the offender shall
commence service of any period of supervised release es-
tablished pursuant to section 4106A(b)(1)(A), and the
balance of the foreign sentence remaining at the time of
release from prison shall not be reduced by credits for sat-
isfactory behavior, or labor, or any other credit that has
been applied to establish the offender’s release date.’’.
(b) 
CONFORMING
AMENDMENT.—Section
4106A(b)(1)(A) of title 18, United States Code, is amend-
ed by striking ‘‘release date’’ and inserting ‘‘term of im-
prisonment’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to offenders transferred to the cus-
tody of the Attorney General on or after the date of enact-
ment of this Act.
TITLE II—AMENDMENTS RELAT-
ING TO WHITE COLLAR AND
OTHER NONVIOLENT CRIME
SEC. 201. ADDITION OF ATTEMPTED THEFT AND COUNTER-
FEITING OFFENSES TO ELIMINATE GAPS AND
INCONSISTENCIES IN COVERAGE.
Title 18, United States Code, is amended—
(1) in section 153(a), by inserting ‘‘, or at-
tempts to do so,’’ after ‘‘any property’’;
(2) in section 641, by inserting ‘‘or attempts to
do so’’ after ‘‘agency thereof’’ the second place it ap-
pears;
(3) in section 655, by inserting ‘‘or attempts to
steal or so take,’’ after ‘‘unlawfully takes,’’;
(4) in each of sections 656 and 657—
(A) by inserting ‘‘, or attempts to do so,’’
after ‘‘willfully misapplies’’; and
(B) by inserting ‘‘or attempted to be em-
bezzled, abstracted, purloined, or misapplied’’
after ‘‘misapplied’’;
(5) in section 658, by inserting ‘‘or attempts to
do so,’’ before ‘‘shall be fined’’;
(6) in section 659—
(A) in the first and third paragraphs by
inserting ‘‘or attempts to embezzle, steal, or so
take or carry away,’’ after ‘‘carries away,’’; and
(B) in the fourth paragraph by inserting
‘‘or attempts to embezzle, steal, or so take,’’ be-
fore ‘‘from any railroad car’’;
(7) in section 661—
(A) by inserting ‘‘, or attempts to do so,’’
after ‘‘of another’’; and
(B) by inserting ‘‘or attempted to be
taken’’ after ‘‘taken’’ each place it appears;
(8) in section 664, by inserting ‘‘or attempts to
do so,’’ before ‘‘shall be fined’’;
(9) in section 665(a)—
(A) by inserting ‘‘, or attempts to do so,’’
before ‘‘shall be fined’’; and
(B) by inserting ‘‘or attempted to be em-
bezzled, misapplied, stolen, or obtained by
fraud’’ after ‘‘obtained by fraud’’;
(10) in section 666(a)(1)(A), by inserting ‘‘or
attempts to do so,’’ after ‘‘property’’;
(11) in section 1025—
(A) by inserting ‘‘or attempts to obtain’’
after ‘‘obtains’’; and
(B) by inserting ‘‘or attempted to be ob-
tained’’ after ‘‘obtained’’;
(12) in section 1163, by inserting ‘‘attempts so
to embezzle, steal, convert, or misapply,’’ after ‘‘will-
fully misapplies,’’;
(13) in each of subsections (a) and (b) of sec-
tion 1167, by inserting ‘‘or attempts to do so,’’ be-
fore ‘‘shall be fined’’;
(14) in each of subsections (a) and (b) of sec-
tion 1168, by inserting ‘‘or attempts to do so,’’ be-
fore ‘‘shall be fined’’;
(15) in section 1707—
(A) by inserting ‘‘, or attempts to steal,
purloin, or embezzle,’’ before ‘‘any property’’;
and
(B) by inserting ‘‘or attempts to appro-
priate’’ after ‘‘appropriates’’;
(16) in the second paragraph of section 1708
by inserting ‘‘or attempts to steal, take, or ab-
stract,’’ after ‘‘abstracts,’’;
(17) in section 1709—
(A) by inserting ‘‘or attempts to embezzle’’
after ‘‘embezzles’’; and
(B) by inserting ‘‘, or attempts to steal,
abstract, or remove,’’ after ‘‘removes’’;
(18) in section 1711, by inserting ‘‘or attempts
to loan, use, pledge, hypothecate, or convert to his
own use’’ after ‘‘use’’;
(19) in each of the paragraphs of section
2113(b), by inserting ‘‘or attempts to do so,’’ before
‘‘shall be fined’’;
(20) in section 477, by inserting ‘‘, or attempts
to do so’’ after ‘‘other person’’;
(21) in section 479, by inserting ‘‘or attempts
to utter or pass,’’ after ‘‘passes,’’;
(22) in section 490, by inserting ‘‘attempts to
pass, utter, or sell,’’ before ‘‘or possesses’’; and
(23) in section 513(a), by inserting ‘‘or at-
tempts to utter,’’ after ‘‘utters’’.
SEC. 202. CLARIFICATION OF SCIENTER REQUIREMENT
FOR RECEIVING PROPERTY STOLEN FROM
AN INDIAN TRIBAL ORGANIZATION.
Section 1163 of title 18, United States Code, is
amended in the second paragraph by striking ‘‘so’’.
SEC. 203. LARCENY INVOLVING POST OFFICE BOXES AND
POSTAL STAMP VENDING MACHINES.
Section 2115 of title 18, United States Code, is
amended—
(1) by striking ‘‘or’’ before ‘‘any building’’;
(2) by inserting ‘‘or any post office box or post-
al stamp vending machine for the sale of stamps
owned by the Postal Service,’’ after ‘‘used in whole
or in part as a post office,’’; and
(3) by inserting ‘‘or in such box or machine,’’
after ‘‘so used,’’.
SEC. 204. THEFT OF VESSELS.
(a) DEFINITION.—Section 2311 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘ ‘Vessel’ means any watercraft or other contrivance
used or designed for transportation or navigation on,
under, or immediately above, water.’’.
(b) OFFENSES.—Sections 2312 and 2313(a) of title
18, United States Code, are each amended by striking
‘‘motor vehicle or aircraft’’ and inserting ‘‘motor vehicle,
vessel, or aircraft’’.
SEC. 205. CONFORMING AMENDMENT TO LAW PUNISHING
OBSTRUCTION OF JUSTICE BY NOTIFICATION
OF 
EXISTENCE 
OF 
A 
SUBPOENA 
FOR
RECORDS IN CERTAIN TYPES OF INVESTIGA-
TIONS.
Section 1510(b)(3)(B) of title 18, United States
Code, is amended—
(1) by striking ‘‘or’’ at the end of clause (i);
(2) by striking the period and inserting ‘‘; or’’
at the end of clause (ii); and
(3) by adding the following new clause:
‘‘(iii) the Controlled Substances Act, the
Controlled Substances Import and Export Act,
or section 6050I of the Internal Revenue Code
of 1986.’’.
SEC. 206. CONFORMING AMENDMENT TO INJUNCTION
AGAINST FRAUD STATUTE.
Section 1345(a)(2) of title 18, United States Code,
is amended by inserting ‘‘violation of this chapter or sec-
tion 287, 371 (insofar as such violation involves a conspir-
acy to defraud the United States or any agency thereof),
or 1001 of this title or of a’’ after ‘‘as a result of a’’.
SEC. 207. INJUNCTIONS AGAINST COUNTERFEITING AND
FORGERY.
(a) IN GENERAL.—Chapter 25 of title 18, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 515. Injunctions against counterfeiting and forgery
‘‘(a)(1) If a person is violating or about to violate
any provision of this chapter, the Attorney General may
commence a civil action in any Federal court to enjoin
such violation.
‘‘(2) A permanent or temporary injunction or re-
straining order shall be granted without bond.
‘‘(b) The court shall proceed as soon as practicable
to the hearing and determination of such an action, and
may, at any time before final determination, enter such
a restraining order or prohibition, or take such other ac-
tion as is warranted in its discretion. A proceeding under
this section is governed by the Federal Rules of Civil Pro-
cedure, except that, if an indictment has been returned
against the respondent, discovery is governed by the Fed-
eral Rules of Criminal Procedure.’’.
(b) IN GENERAL.—The table of sections at the begin-
ning of chapter 25 of title 18, United States Code, is
amended by adding at the end the following item:
‘‘515. Injunctions against counterfeiting and forgery.’’.
SEC. 208. CORRECTION OF ERROR IN PERJURY RECANTA-
TION STATUTE.
Section 1623(d) of title 18, United States Code, is
amended by striking ‘‘or’’ the second place it appears and
inserting ‘‘and’’.
SEC. 209. AMENDMENT OF INTERSTATE TRAVEL FRAUD
STATUTE TO COVER TRAVEL BY PERPETRA-
TOR.
Section 2314 of title 18, United States Code, is
amended in the second undesignated paragraph by insert-
ing ‘‘travels in,’’ before ‘‘transports or causes to be trans-
ported, or induces any person or persons to travel in’’.
SEC. 210. CONFORMING STATUTE OF LIMITATIONS AMEND-
MENT FOR CERTAIN BANK FRAUD OFFENSES.
Section 3293 of title 18, United States Code, is
amended—
(1) by inserting ‘‘225,’’ after ‘‘215,’’; and
(2) by inserting ‘‘1032,’’ before ‘‘1033’’.
SEC. 211. COVERAGE OF FOREIGN BANK BRANCHES IN THE
TERRITORIES.
Section 20(9) of title 18, United States Code, is
amended by inserting before the period following: ‘‘, except
that for purposes of this section the definition of the term
‘‘State’’ in such Act shall be deemed to include a common-
wealth, territory, or possession of the United States’’.
TITLE III—MISCELLANEOUS
AMENDMENTS
SEC. 301. CONFORMING AMENDMENTS RELATING TO SU-
PERVISED RELEASE.
(a) TAMPERING WITH A WITNESS, VICTIM, OR IN-
FORMANT.—Sections 
1512(a)(1)(C), 
1512(b)(3),
1512(c)(2), 1513(a)(1)(B), and 1513(b)(2) of title 18,
United States Code, are each amended by striking ‘‘viola-
tion of conditions of probation, parole, or release pending
judicial proceedings’’ and inserting ‘‘violation of conditions
of probation, supervised release, parole, or release pending
judicial proceedings’’.
(b) RELEASE OR DETENTION PENDING TRIAL.—Sec-
tion 3142 of title 18, United States Code, is amended—
(1) in subsection (d)(1)(A)(iii), by inserting ‘‘,
supervised release,’’ after ‘‘probation’’; and
(2) in subsection (g)(3)(B), by inserting ‘‘or su-
pervised release’’ after ‘‘probation’’.
SEC. 302. REPEAL OF OUTMODED PROVISIONS BARRING
FEDERAL PROSECUTION OF CERTAIN OF-
FENSES.
(a) TITLE 18 OFFENSES.—Title 18, United States
Code, is amended—
(1) in each of sections 659 and 2117, by strik-
ing the first sentence of the last undesignated para-
graph;
(2) in section 660, by striking the last undesig-
nated paragraph; and
(3) in section 2101, by striking subsection (c)
and by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively.
(b) INVESTMENT COMPANY ACT OF 1940.—Section
37 of the Investment Company Act of 1940 (15 U.S.C.
80a–36) is amended by striking the last sentence.
SEC. 303. STRENGTHENING OF STATUTE PUNISHING EVA-
SION OR EMBEZZLEMENT OF CUSTOMS DU-
TIES.
Section 542 of title 18, United States Code, is
amended—
(1) by striking ‘‘two years’’ and inserting ‘‘five
years’’; and
(2) by inserting after the third undesignated
paragraph the following:
‘‘This section shall not be construed to require proof
of any mental state with respect to whether the defend-
ant’s willful act or omission would deprive the Government
of any lawful duties.’’.
SEC. 304. CLARIFYING OR CONFORMING AMENDMENTS
ARISING FROM THE ENACTMENT OF PUBLIC
LAW 103–322.
(a) JUVENILE DELINQUENCY.—Section 5032 of title
18, United States Code, is amended by striking ‘‘1111,
1113’’ and inserting ‘‘1111, 1112, 1113’’.
(b) DEFINITION OF ‘‘SELLS’’.—Section 704(b)(2) of
title 18, United States Code, is amended by striking ‘‘with
respect to a Congressional Medal of Honor’’.
(c) CONTROLLED SUBSTANCES OFFENSES.—Section
408 of the Controlled Substances Act (21 U.S.C. 848) is
amended—
(1) by striking subsections (g) through (p),
(q)(1) through (3), and (r); and
(2) by redesignating subsection (q)(4) through
(10) as subsection (f)(1) through (7).
(d) CLARIFYING OR CONFORMING AMENDMENTS TO
SECTIONS 2261, 2261A, AND 2262.—
(1) Section 2261A of title 18, United States
Code, is amended by striking ‘‘injure or harass’’ and
inserting ‘‘injure, harass, or intimidate’’;
(2)(A) Sections 2261(b)(3) and 2262(b)(3) of
title 18, United States Code, are each amended by
inserting ‘‘(as defined in section 2119(2) of this
title)’’ after ‘‘serious bodily injury’’;
(B) Section 2261A of title 18, United States
Code, is amended by striking ‘‘section 1365(g)(3)’’
and inserting ‘‘section 2119(2)’’;
(3)(A) Section 2261 of title 18, United States
Code, is amended—
(i) in subsection (a)(1), by striking ‘‘with
the intent to injure, harass, or intimidate’’ and
inserting ‘‘with the intent to kill, injure, harass,
or intimidate’’; and
(ii) in subsection (a)(1) and (a)(2), by in-
serting ‘‘or death’’ after ‘‘and thereby causes
bodily injury’’;
(B) Section 2262 of title 18, United States
Code, is amended—
(i) in subsection (a)(1), by inserting ‘‘or
death’’ after ‘‘bodily injury’’; and
(ii) in subsection (a)(2), by striking ‘‘com-
mits an act that injures’’ and inserting ‘‘com-
mits an act that causes bodily injury or death
to’’.
SEC. 305. CONFORMING ADDITION TO OBSTRUCTION OF
CIVIL INVESTIGATIVE DEMAND STATUTE.
Section 1505 of title 18, United States Code, is
amended by inserting ‘‘section 1968 or 3486 of this title
or’’ before ‘‘the Antitrust Civil Process Act’’.
SEC. 306. ELIMINATION OF PROOF OF VALUE REQUIRE-
MENT FOR FELONY THEFT OR CONVERSION
OF GRAND JURY MATERIAL.
Section 641 of title 18, United States Code, is
amended by striking ‘‘but if the value of such property
does not exceed the sum of $1,000, he’’ and inserting ‘‘but
if the value of such property, other than property con-
stituting ‘matters occurring before the grand jury’ within
the meaning of Rule 6(e) of the Federal Rules of Criminal
Procedure, does not exceed the sum of $1,000,’’.
SEC. 307. CLARIFICATION OF INAPPLICABILITY OF 18
UNITED STATES CODE 2515 TO CERTAIN DIS-
CLOSURES.
Section 2515 of title 18, United States Code, is
amended by adding at the end the following: ‘‘This section
does not apply to the disclosure by the United States, a
State, or political subdivision in a criminal trial or hearing
or before a grand jury of the contents of a wire or oral
communication, or evidence derived therefrom, the inter-
ception of which was in violation of section 2511(2)(d) (re-
lating to certain interceptions not involving governmental
misconduct).’’.
SEC. 308. CLARIFICATION OF JURISDICTIONAL BASE IN-
VOLVING THE MAIL.
Section 2422(b) of title 18, United States Code, is
amended—
(1) by inserting ‘‘the mail or’’ after ‘‘using’’;
and
(2) by striking ‘‘including the mail,’’.
SEC. 309. AMENDMENT TO SECTION 1547 TO CONFORM TO
ENACTMENT OF THE IMMIGRATION BILL.
Section 1547 of title 18, United States Code, is
amended by striking ‘‘under this chapter (other than an
offense under section 1545)’’ and inserting ‘‘under section
1546(b)’’.
SEC. 310. EXPANDED JURISDICTION OVER CHILD BUYING
AND SELLING OFFENSES.
Section 2251A(c)(3) of title 18, United States Code,
is amended by striking ‘‘in any territory or possession of
the United States’’ and inserting ‘‘in the special maritime
and territorial jurisdiction of the United States or in any
commonwealth, territory, or possession of the United
States’’.
SEC. 
311. 
CONFORMING 
AMENDMENT 
RELATING 
TO
FLUNITRAZEPAM PENALTIES.
Section 401(b) of the Controlled Substances Act (21
U.S.C. 841(b)) is amended—
(1) in paragraph (1)(C), by striking ‘‘1 gram
of’’ before ‘‘flunitrazepam,’’; and
(2) in paragraph (1)(D), by striking ‘‘or 30 mil-
ligrams of flunitrazepam,’’.
SEC. 312. AMENDMENT OF STATUTE PROHIBITING THE
BRINGING 
OF 
HAZARDOUS 
SUBSTANCES
ABOARD AN AIRCRAFT.
Section 46312 of title 49, United States Code, is
amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘A person’’; and
(2) by adding at the end the following:
‘‘(b) STATE OF MIND REQUIREMENT.—Knowledge
by the person of the existence of a regulation or require-
ment prescribed by the Secretary is not an element of an
offense under this section.’’.
SEC. 313. DEFINITION OF STATE FOR CHAPTER 123.
Section 2725 of title 18, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(2);
(2) by striking the period and inserting ‘‘; and’’
at the end of paragraph (3); and
(3) by adding the following new paragraph at
the end:
‘‘(4) ‘State’ means a State of the United
States, the District of Columbia, or any common-
wealth, territory, or possession of the United
States.’’.
SEC. 314. MINOR AND CONFORMING AMENDMENTS TO
CHAPTER 90.
(a) DEFINITION OF STATE.—Section 1839 of title
18, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
(2) by striking the period and inserting ‘‘; and’’
at the end of paragraph (4); and
(3) by adding the following new paragraph at
the end:
‘‘(5) the term ‘State’ means a State of the
United States, the District of Columbia, or any com-
monwealth, territory, or possession of the United
States.’’.
(b) CONFORMING AMENDMENT.—Section 1838 of
title 18, United States Code, is amended by striking
‘‘United States Federal, State, commonwealth, possession,
or territory law’’ and inserting ‘‘United States or State
law’’.
SEC. 315. COMMISSION AMENDMENTS.
(a) SALARY LEVEL INCREASE FOR EXECUTIVE DI-
RECTOR.—Section 806(d)(3) of Public Law 104–132 (110
Stat.1307) is amended by striking the period at the end
and inserting ‘‘, except that the rate of pay for Executive
Director may not exceed the rate payable for Level IV of
the Executive Schedule under section 5316 of that title.’’.
(b) EXPEDITED ADMINISTRATIVE SUPPORT.—Sec-
tion 806(d) of Public Law 104–132 (110 Stat.1307) is
amended by adding at the end the following:
‘‘(4) DETAILS TO COMMISSION WITHOUT REIM-
BURSEMENT.— Any Federal Government employee
may be detailed to the Commission without reim-
bursement from the Commission, and such detailee
shall retain the rights, status, and privileges of his
or her regular employment without interruption.’’.
‘‘(5) EXPEDITED SECURITY CLEARANCES.—The
Commission and selected staff designated by the
Chairman shall be granted the necessary security
clearances in an accelerated manner subject to the
standard procedures for granting such clearances.’’.
SEC. 316. ELIMINATION OF SENTENCING INEQUITIES FOR
DRUG OFFENDERS.
(a) IN GENERAL.—Subparagraph (B) of section
3621(e)(2) of title 18, United States Code, is amended
to read as follows:
‘‘(B) ADMINISTRATION
OF
TREATMENT
PROGRAMS.—The Attorney General shall ensure
through the use of all appropriate and available
incentives and sanctions that eligible prisoners
undergo a program of substance abuse treat-
ment.’’.
(b) CONFORMING AMENDMENT.—The heading for
paragraph (2) of section 3621(e) of title 18, United States
Code, is amended by striking ‘‘INCENTIVE
FOR
PRIS-
ONERS’ SUCCESSFUL COMPLETION OF TREATMENT PRO-
GRAM’’ and inserting ‘‘TREATMENT REQUIREMENT’’.
(c) 
ELIGIBILITY.—Clause 
(ii) 
of 
section
3621(e)(5)(B) of title 18, United States Code, is amended
to read as follows:
‘‘(ii) within 24 months of the date of
release, or is otherwise designated by the
Bureau of Prisons for participation in a
residential substance abuse treatment pro-
gram; and’’.
SEC. 317. SENTENCING GUIDELINES AMENDMENT PROC-
ESS.
Section 2(g) of the No Electronic Theft (NET) Act
is amended by inserting ‘‘as though the authority under
that Act had not expired’’ after ‘‘18 U.S.C. 994 note)’’.
SEC. 318. TECHNICAL AMENDMENT TO RESTORE WIRETAP
AUTHORITY FOR CERTAIN MONEY LAUNDER-
ING OFFENSES.
Section 2516(1)(g) of title 18, United States Code,
is amended by striking ‘‘a violation of section 5322 of title
31, United States Code (dealing with the reporting of cur-
rency transactions)’’ and inserting ‘‘a violation of section
5322 or 5324 of title 31, United States Code (dealing with
the reporting and illegal structuring of currency trans-
actions)’’.
SEC. 319. APPLICABILITY OF LEAVE PROVISIONS TO EM-
PLOYEES OF THE UNITED STATES SENTENC-
ING COMMISSION.
(a) IN GENERAL.—Section 996(b) of title 28, United
States Code, is amended—
(1) by striking ‘‘the following chapters:’’ and in-
serting ‘‘the following:’’;
(2) by inserting ‘‘Chapters’’ before ‘‘45’’;
(3) by inserting ‘‘63 (Leave),’’ before ‘‘81’’; and
(4) by striking ‘‘Insurance).’’ and inserting ‘‘In-
surance), and subchapter VI of chapter 55 (Payment
for accumulated and accrued leave).’’.
(b) SAVINGS PROVISION.—Any leave that an individ-
ual accrued or accumulated (or that otherwise became
available to such individual) under the leave system of the
United States Sentencing Commission and that remains
unused as of the date of enactment of this Act shall, on
and after such date of enactment, be treated as leave ac-
crued or accumulated (or that otherwise became available
to such individual) under chapter 63 of title 5, United
States Code.
TITLE IV—AMENDMENTS RELAT-
ING TO VIOLENT CRIME AND
TERRORISM
SEC. 401. AMENDMENTS TO ANTI-TERRORISM STATUTES.
(a) MODIFICATION OF DEFINITION OF ‘‘BIOLOGICAL
AGENT’’.—Section 178 of title 18, United States Code,
is amended—
(1) in paragraph (1), by striking ‘‘means any
microorganism, virus, or infectious substance, or bio-
logical product that may be engineered as a result
of biotechnology, or any naturally occurring or bio-
engineered component of any such microorganism,
virus, infectious substance, or biological product’’
and inserting the following: ‘‘means any microorga-
nism (including bacteria, viruses, fungi, rickettsiae,
or protozoa), or infectious substance, or any natu-
rally occurring, bioengineered or synthesized compo-
nent of any such microorganism or infectious sub-
stance’’;
(2) in paragraph (2), by striking ‘‘means the
toxic material of plants, animals, microorganisms, vi-
ruses, fungi, or infectious substances, or a recom-
binant molecule, whatever its origin or method of
production, including’’ and inserting the following:
‘‘means the toxic material or product of plants, ani-
mals, microorganisms (including bacteria, viruses,
fungi, rickettsiae or protozoa), or infectious sub-
stances, or a recombinant or synthesized molecule,
whatever their origin and method of production, and
includes’’; and
(3) in paragraph (4), by striking ‘‘recombinant
molecule, or biological product that may be engi-
neered as a result of biotechnology’’ and inserting
‘‘recombinant or synthesized molecule’’.
(b) CONFORMING AMENDMENT.—Section 2332a of
title 18, United States Code, is amended—
(1) in subsection (a), by striking ‘‘, including
any biological agent, toxin, or vector (as those terms
are defined in section 178)’’; and
(2) in subsection (c)(2)(C), by striking ‘‘a dis-
ease organism’’ and inserting ‘‘any biological agent,
toxin, or vector (as those terms are defined in sec-
tion 178 of this title)’’.
(c) ADDITION
OF
THREAT
OFFENSE.—Section
2332c(a)(1) is amended by striking ‘‘uses, or attempts’’
and inserting ‘‘uses, or threatens, attempts’’.
SEC. 402. PRETRIAL DETENTION ELIGIBILITY FOR CERTAIN
CONVICTED FELONS.
Section 3156(a)(4) of title 18, United States Code,
is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(B);
(2) by striking ‘‘; and’’ at the end of subpara-
graph (C) and inserting ‘‘; or’’; and
(3) by adding after subparagraph (C) the fol-
lowing new subparagraph:
‘‘(D) an offense that is a violation of sec-
tion 842(i) or 922(g) of this title (relating to
possession of explosives or firearms by convicted
felons and other categories of prohibited per-
sons); and’’.
SEC. 403. ELIMINATION OF UNJUSTIFIED SCIENTER ELE-
MENT FOR CARJACKING.
Section 2119 of title 18, United States Code, is
amended by striking ‘‘, with the intent to cause death or
serious bodily harm’’.
SEC. 404. CRIMINAL OFFENSES COMMITTED OUTSIDE THE
UNITED STATES BY PERSONS ACCOMPANY-
ING THE ARMED FORCES.
(a) IN GENERAL.—Title 18, United States Code, is
amended by inserting after chapter 211 the following:
‘‘CHAPTER 
212—CRIMINAL 
OFFENSES
COMMITTED OUTSIDE THE UNITED
STATES
‘‘§ 3261. Criminal offenses committed by persons for-
merly serving with, or presently em-
ployed by or accompanying, the armed
forces outside the United States
‘‘(a) Whoever, while serving with, employed by, or ac-
companying the armed forces outside the United States,
engages in conduct which would constitute an offense pun-
ishable by imprisonment for more than 1 year if the con-
duct had been engaged in within the special maritime and
territorial jurisdiction of the United States, shall be guilty
of a like offense and subject to a like punishment.
‘‘(b) Nothing contained in this chapter deprives
courts-martial, military commissions, provost courts, or
other military tribunals of concurrent jurisdiction with re-
spect to offenders or offenses that by statute or by the
law of war may be tried by courts-martial, military com-
missions, provost courts, or other military tribunals.
‘‘(c) No prosecution may be commenced under this
section if a foreign government, in accordance with juris-
diction recognized by the United States, has prosecuted
or is prosecuting such person for the conduct constituting
such offense, except upon the approval of the Attorney
General of the United States or the Deputy Attorney Gen-
eral of the United States (or a person acting in either such
capacity), which function of approval may not be dele-
gated.
‘‘(d)(1) The Secretaries of Defense and Transpor-
tation may designate and authorize any person serving in
a law enforcement position in the Department of Defense
and the Department of Transportation when the Coast
Guard is not operating as part of the Navy to arrest out-
side the United States any person described in subsection
(a) of this section who there is probable cause to believe
engaged in conduct which constitutes a criminal offense
under such section.
‘‘(2) A person arrested under paragraph (1) of this
section shall be released to the custody of civilian law en-
forcement authorities of the United States for removal to
the United States for judicial proceedings in relation to
conduct referred to in such paragraph unless—
‘‘(A) such person is delivered to authorities of
a foreign country under section 3262 of this title; or
‘‘(B) charges are preferred against such person
under chapter 47 of title 10 for such conduct.
‘‘§ 3262. Delivery to authorities of foreign countries
‘‘(a) A person described in section 3261(a) of this
title may be delivered to the appropriate authorities of a
foreign country in which such person is alleged to have
engaged in conduct described in such subsection (a) of this
section if—
‘‘(1) the appropriate authorities of that country
request the delivery of the person to such country
for trial for such conduct as an offense under the
laws of that country; and
‘‘(2) the delivery of such person to that country
is authorized by a treaty or other international
agreement to which the United States is a party.
‘‘(b) The Secretary of Defense, in consultation with
the Secretary of State, shall determine what officials of
a foreign country constitute appropriate authorities for
the purpose of this section.
‘‘§ 3263. Regulations
‘‘The Secretary of Defense, in consultation with the
Secretary of State, shall issue regulations governing the
apprehension, detention, and removal of persons under
this chapter. Such regulations shall be uniform throughout
the Department of Defense.
‘‘§ 3264. Definitions for chapter
‘‘As used in this chapter—
‘‘(1) a person is employed by the armed forces
outside the United States if that person—
‘‘(A) is employed as a civilian employee of
a military department or of the Department of
Defense, as a Department of Defense contrac-
tor, or as an employee of a Department of De-
fense contractor;
‘‘(B) is present or residing outside the
United States in connection with such employ-
ment; and
‘‘(C) is not a national of the host nation.
‘‘(2) a person is accompanying the armed forces
outside the United States if that person—
‘‘(A) is a dependent of a member of the
armed forces or of a civilian employee of a mili-
tary department or of the Department of De-
fense;
‘‘(B) is residing with the member or civil-
ian employee outside the United States; and
‘‘(C) is not a national of the host nation.’’.
(b) The table of chapters at the beginning of part
II of title 18, United States Code, is amended by inserting
after the item relating to chapter 211 the following:
‘‘212. Criminal Offenses Committed Outside the United
States .......................................................................... 3261’’.
SEC. 405. CLARIFICATION OF INTERSTATE THREAT STAT-
UTE.
Subsection 875(b) and (c) of title 18, United States
Code, and the 2d and 3d undesignated paragraphs of sec-
tions 876 and 877 of title 18, United States Code, are
each amended by striking ‘‘any threat to injure’’ and in-
serting ‘‘any threat to kill or injure’’.
SEC. 406. ELIMINATION OF SUPERFLUOUS ELEMENT IN AS-
SAULT WITH A DANGEROUS WEAPON OF-
FENSE.
Section 113(a)(3) of title 18, United States Code, is
amended by striking ‘‘with intent to do bodily harm, and’’.
SEC. 407. ADDITION OF ATTEMPT COVERAGE FOR INTER-
STATE DOMESTIC VIOLENCE OFFENSE.
Section 2261(a) of title 18, United States Code, is
amended—
(1) in paragraph (1) by inserting ‘‘or attempts
to do so,’’ after ‘‘thereby causes bodily injury to
such spouse or intimate partner,’’; and
(2) in paragraph (2) by inserting ‘‘or attempts
to do so,’’ after ‘‘thereby causes bodily injury to the
person’s spouse or intimate partner,’’.
SEC. 408. ASSAULTS OR OTHER CRIMES OF VIOLENCE FOR
HIRE.
Section 1958(a) of title 18, United States Code, is
amended by inserting ‘‘or other felony crime of violence
against the person’’ after ‘‘murder’’.
SEC. 409. INCREASE IN MAXIMUM PENALTY FOR VOL-
UNTARY MANSLAUGHTER.
Section 1112(b) of title 18, United States Code, is
amended by striking ‘‘ten years’’ and inserting ‘‘20
years’’.
SEC. 410. VIOLENCE DIRECTED AT DWELLINGS AND OTHER
STRUCTURES IN INDIAN COUNTRY.
Section 1153(a) of title 18, United States Code, is
amended by inserting ‘‘or 1363’’ after ‘‘section 661’’.
SEC. 411. AMENDMENTS OF DRIVE-BY SHOOTING STATUTE.
(a) IN GENERAL.—Section 36 of title 18, United
States Code, is amended—
(1) by amending the title to read as follows:
‘‘§ 36. Shooting into a group in furtherance of a major
drug offense’’;
(2) in subsection (a)(1), by striking ‘‘punishable
under section 408(c) of the Controlled Substances
Act’’ and inserting ‘‘punishable under section 408(a)
of the Controlled Substances Act’’;
(3) by adding ‘‘or’’ at the end of subsection
(a)(1) and by striking subsections (a)(2) and (a)(3)
and inserting the following: ‘‘(2) an offense punish-
able under section 401(b)(1)(A) of the Controlled
Substances Act or section 1010(b)(1) of the Con-
trolled Substances Import and Export Act or a con-
spiracy or attempt to commit such an offense.’’; and
(4) in subsection (b)(1) and (b)(2), by striking
‘‘with the intent to intimidate,’’ and inserting ‘‘with
the intent to kill, intimidate.’’.
(b) CLERICAL AMENDMENT.—The item relating to
section 36 in the table of sections at the beginning of
chapter 2 of title 18, United States Code, is amended by
striking ‘‘Drive-by shooting’’ and inserting ‘‘Shooting into
a group in furtherance of a major drug offense’’.
SEC. 412. AMENDMENT TO SECTION 879 OF TITLE 18,
UNITED STATES CODE.
(a) GENERALLY.—Section 879 of title 18, United
States Code, is amended to read as follows:
‘‘§ 879. Threats against former Presidents, the imme-
diate family of the President and Vice
President, major Presidential and Vice-
Presidential 
candidates, 
and 
certain
other persons protected by the Secret
Service
‘‘(a) Whoever knowingly and willfully threatens to
kill, kidnap, or inflict bodily harm upon—
‘‘(1) a former President or a former President’s
spouse;
‘‘(2) a member of the immediate family of the
President, the President-elect, the Vice President, or
the Vice President-elect; or
‘‘(3) a major candidate for the office of Presi-
dent or Vice President, the spouse or a member of
the immediate family of such candidate;
shall be fined under this title or imprisoned not more than
three years, or both.
‘‘(b) Whoever knowingly and willfully threatens to
kill, kidnap, or inflict bodily harm upon—
‘‘(1) a member of the immediate family of a
former President; or
‘‘(2) any other person for whom the President
directs protection be provided, pursuant to section
3056(a)(6) of this title;
who is protected by the Secret Service as provided by law,
shall be fined under this title or imprisoned not more than
three years, or both.
‘‘(c) As used in this section—
‘‘(1) with respect to subsection (a)(1) of this
section, the term ‘spouse of a former President’
means the former President’s current spouse or the
widow or widower of a former President until the
widow’s or widower’s remarriage;
‘‘(2) the term ‘immediate family’ means—
‘‘(A) with respect to subsections (a)(2) and
(b)(1) of this section, a person to whom the
President, President-elect, Vice President, Vice
President-elect, or former President—
‘‘(i) is related by blood, marriage, or
adoption; or
‘‘(ii) stands in loco parentis; and
‘‘(B) with respect to subsection (a)(3) of
this section, the major candidate’s children who
are—
‘‘(i) related by blood, marriage, or
adoption; or
‘‘(ii) a person to whom the major can-
didate stands in loco parentis;
‘‘(3) the term ‘major candidate for the office of
President or Vice President’ means a candidate re-
ferred to in section 3056(a)(7) of this title; and
‘‘(4) the terms ‘President-elect’ and ‘Vice Presi-
dent-elect’ have the meanings given those terms in
section 871(b) of this title.’’.
(b) CLERICAL AMENDMENT.—The item in the table
of sections at the beginning of chapter 41 of title 18,
United States Code, relating to section 879 is amended
to read as follows:
‘‘879. Threats against former Presidents, the immediate family of the President
and Vice President, major Presidential and Vice-Presidential
candidates, and certain other persons protected by the Secret
Service.’’.
TITLE 
V—CLARIFYING 
THE
METHOD OF EXECUTION OF
FEDERAL PRISONERS
SEC. 501. IMPLEMENTATION OF SENTENCE OF DEATH.
Subsection (a) of section 3596 of title 18, United
States Code, is amended to read as follows:
‘‘(a) IN GENERAL.—A person who is sentenced to
death shall be committed to the custody of the Attorney
General. At the time the sentence is to be carried out,
it shall be implemented pursuant to regulations prescribed
by the Attorney General.’’.
SEC. 502. USE OF FEDERAL FACILITIES.
Subsection (a) of section 3597 of title 18, United
States Code, is amended to read as follows:
‘‘(a) IN
GENERAL.—A United States marshal
charged with supervising the implementation of a sentence
of death shall use the appropriate Federal facilities for
this purpose.’’.
SEC. 503. CONFORMING AMENDMENTS.
(a) ELIMINATION OF REFERENCE TO STATE EM-
PLOYEES.—Section 3597(b) of title 18, United States
Code, is amended by striking ‘‘any State department of
corrections,’’.
(b) CONFORMING SECTION HEADING.—The heading
for section 3597 of title 18, United States Code, is amend-
ed to read as follows:
‘‘§ 3597. Use of Federal facilities and employees’’.
(c) CONFORMING TABLE OF SECTIONS.—The item
relating to section 3597 in the table of sections at the be-
ginning of chapter 228 of title 18, United States Code,
is amended to read as follows:
‘‘3597. Use of Federal facilities and employees.’’.