‘‘(I) a branch or agency of a foreign bank 
(as such terms are defined respectively in sec-
tion 1(b) of the International Banking Act of 
1978); or 
‘‘(J) a mortgage lending business or any 
person or entity that makes in whole or in part 
a federally related mortgage loan as defined in 
section 3 of the Real Estate Settlement Proce-
dures Act of 1974. 
‘‘(17) The term ‘mortgage lending business’ 
means an organization which finances or refinances 
any debt secured by an interest in real estate, in-
cluding private mortgage companies and any subsidi-
aries of such organizations, and whose activities af-
fect interstate or foreign commerce. 
‘‘(18) The term ‘court of the United States’ in-
cludes the District Court of Guam, the District 
Court for the Northern Mariana Islands, and the 
District Court of the Virgin Islands. 
‘‘(19) The term ‘Federal health care offense’ 
means a violation of, or a criminal conspiracy to vio-
late— 
‘‘(A) section 669, 1035, 1347, or 1518 of 
this title or section 1128B of the Social Secu-
rity Act; or 
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‘‘(B) section 287, 371, 664, 666, 1001, 
1027, 1341, 1343, 1349, or 1954 of this title, 
section 301 of the Federal Food, Drug, and 
Cosmetic Act, section 501 of the Employee Re-
tirement Income Security Act of 1974, or sec-
tion 411, 518, or 511 of the Employee Retire-
ment Income Security Act of 1974, if the viola-
tion or conspiracy relates to a health care ben-
efit program. 
‘‘(20) The term ‘health care benefit program’ 
means any public or private plan or contract, affect-
ing interstate commerce or foreign commerce, under 
which any medical benefit, item, or service is pro-
vided to any individual, and includes any individual 
or entity who is providing a medical benefit, item, or 
service for which payment may be made under the 
plan or contract. 
‘‘(21) The term ‘seaport’ means all piers, 
wharves, docks, and similar structures, adjacent to 
any waters subject to the jurisdiction of the United 
States, to which a vessel may be secured, including 
areas of land, water, or land and water under and 
in immediate proximity to such structures, buildings 
on or contiguous to such structures, and the equip-
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ment and materials on such structures or in such 
buildings. 
‘‘(22) The term ‘serious bodily injury’ means 
bodily injury which involves— 
‘‘(A) a substantial risk of death; 
‘‘(B) extreme physical pain; 
‘‘(C) protracted and obvious disfigurement; 
or 
‘‘(D) protracted loss or impairment of the 
function of a bodily member, organ, or mental 
faculty. 
‘‘(23) The term ‘bodily injury’ means— 
‘‘(A) a cut, abrasion, bruise, burn, or dis-
figurement; 
‘‘(B) physical pain; 
‘‘(C) illness; 
‘‘(D) impairment of the function of a bod-
ily member, organ, or mental faculty; or 
‘‘(E) any other injury to the body, no mat-
ter how temporary. 
‘‘SUBCHAPTER B—PRINCIPAL AND DERIVATIVE 
CRIMINAL RESPONSIBILITY 
‘‘Sec. 
‘‘5. Principals. 
‘‘6. Accessory after the fact. 
‘‘7. Misprision of felony. 
‘‘8. Use of minors in crimes of violence. 
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‘‘§ 5. Principals 
‘‘(a) Whoever commits an offense against the United 
States or aids, abets, counsels, commands, induces, or pro-
cures its commission, is punishable as a principal. 
‘‘(b) Whoever willfully causes an act to be done which 
if directly performed by him or another would be an of-
fense against the United States, is punishable as a prin-
cipal. 
‘‘§ 6. Accessory after the fact 
‘‘(a) Whoever, knowing that an offense against the 
United States has been committed, receives, relieves, com-
forts, or assists the offender in order to hinder or prevent 
his apprehension, trial, or punishment, is an accessory 
after the fact. 
‘‘(b) Except as otherwise expressly provided by any 
Act of Congress, an accessory after the fact shall be im-
prisoned not more than one-half the maximum term of im-
prisonment or (notwithstanding section 3571) fined not 
more than one-half the maximum fine prescribed for the 
punishment of the principal, or both; or if the principal 
is punishable by life imprisonment or death, the accessory 
shall be imprisoned not more than 15 years. 
‘‘§ 7. Misprision of felony 
‘‘Whoever, having knowledge of the actual commis-
sion of a felony cognizable by a court of the United States, 
conceals and does not as soon as possible make known 
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the same to some judge or other person in civil or military 
authority under the United States, shall be fined under 
this title or imprisoned not more than three years, or both. 
‘‘§ 8. Use of minors in crimes of violence 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘minor’ means a person who has 
not reached 18 years of age; and 
‘‘(2) the term ‘uses’ means employs, hires, per-
suades, induces, entices, or coerces. 
‘‘(b) PENALTIES.—Any person who is 18 years of age 
or older, who intentionally uses a minor to commit a crime 
of violence for which such person may be prosecuted in 
a court of the United States, or to assist in avoiding detec-
tion or apprehension for such an offense, shall— 
‘‘(1) for the first conviction, be subject to twice 
the maximum term of imprisonment and twice the 
maximum fine that would otherwise be authorized 
for the offense; and 
‘‘(2) for each subsequent conviction, be subject 
to 3 times the maximum term of imprisonment and 
3 times the maximum fine that would otherwise be 
authorized for the offense. 
‘‘SUBCHAPTER C—CRIMINAL STATES OF MIND 
‘‘Sec. 
‘‘11. Default state of mind proof requirement in Federal criminal cases. 
‘‘12. Stolen or counterfeit nature of property for certain crimes defined. 
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‘‘§ 11. Default state of mind proof requirement in Fed-
eral criminal cases 
‘‘If no state of mind is required by law for a Federal 
criminal offense— 
‘‘(1) the state of mind the Government must 
prove is knowing; and 
‘‘(2) if the offense consists of conduct that a 
reasonable person in the same or similar cir-
cumstances would not know, or would not have rea-
son to believe, was unlawful, the Government must 
prove that the defendant knew, or had reason to be-
lieve, the conduct was unlawful. 
‘‘§ 12. Stolen or counterfeit nature of property for 
certain crimes defined 
‘‘(a) Wherever in this title it is an element of an of-
fense that— 
‘‘(1) any property was embezzled, robbed, sto-
len, converted, taken, altered, counterfeited, falsely 
made, forged, or obliterated; and 
‘‘(2) the defendant knew that the property was 
of such character; 
such element may be established by proof that the defend-
ant, after or as a result of an official representation as 
to the nature of the property, believed the property to be 
embezzled, robbed, stolen, converted, taken, altered, coun-
terfeited, falsely made, forged, or obliterated. 
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‘‘(b) In this section, the term ‘official representation’ 
means any representation made by a Federal law enforce-
ment officer (as defined in section 115) or by another per-
son at the direction or with the approval of such an officer. 
‘‘SUBCHAPTER D—INSANITY DEFENSE 
‘‘15. Insanity defenses 
‘‘§ 15. Insanity defense 
‘‘(a) IN GENERAL.—It is an affirmative defense to 
a prosecution under any Federal statute that, at the time 
of the commission of the acts constituting the offense, the 
defendant, as a result of a severe mental disease or defect, 
was unable to appreciate the nature and quality or the 
wrongfulness of his acts. Mental disease or defect does not 
otherwise constitute a defense. 
‘‘(b) BURDEN OF PROOF FOR INSANITY DEFENSE.— 
The defendant has the burden of proving the defense of 
insanity by clear and convincing evidence. 
‘‘SUBCHAPTER E—DERIVATION OF OFFENSES 
FROM RELEVANT STATE OFFENSES IN SPE-
CIAL JURISDICTION 
‘‘Sec. 
‘‘20. Laws of States adopted for areas within Federal jurisdiction. 
‘‘§ 20. Laws of States adopted for areas within Fed-
eral jurisdiction 
‘‘(a) Whoever within the special maritime and terri-
torial jurisdiction of the United States or on, above, or 
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below any portion of the territorial sea of the United 
States not within the jurisdiction of any State is guilty 
of any act or omission which, although not made punish-
able by any enactment of Congress, would be punishable 
if committed or omitted within the jurisdiction of the State 
in which such place is situated, by the laws thereof in force 
at the time of such act or omission, shall be guilty of a 
like offense and subject to a like punishment. 
‘‘(b)(1) Subject to paragraph (2) and for purposes 
of subsection (a) of this section, that which may or shall 
be imposed through judicial or administrative action under 
the law of a State for a conviction for operating a motor 
vehicle under the influence of a drug or alcohol, shall be 
considered to be a punishment provided by that law. Any 
limitation on the right or privilege to operate a motor vehi-
cle imposed under this subsection shall apply only to the 
special maritime and territorial jurisdiction of the United 
States. 
‘‘(2)(A) In addition to any term of imprisonment pro-
vided for operating a motor vehicle under the influence 
of a drug or alcohol imposed under the law of a State, 
the punishment for such an offense under this section 
shall include an additional term of imprisonment of not 
more than 1 year, or if serious bodily injury of a minor 
is caused, not more than 5 years, or if death of a minor 
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is caused, not more than 10 years, and an additional fine 
under this title, or both, if— 
‘‘(i) a minor (other than the offender) was 
present in the motor vehicle when the offense was 
committed; and 
‘‘(ii) the law of the State in which the offense 
occurred does not provide an additional term of im-
prisonment under the circumstances described in 
clause (i). 
‘‘(B) For the purposes of subparagraph (A), the term 
‘minor’ means a person less than 18 years of age. 
‘‘(c) Whenever any waters of the territorial sea of the 
United States lie outside the territory of any State, such 
waters (including the airspace above and the seabed and 
subsoil below, and artificial islands and fixed structures 
erected thereon) shall be deemed, for purposes of sub-
section (a), to lie within the area of the State that it would 
lie within if the boundaries of such State, Commonwealth, 
territory, possession, or district were extended seaward to 
the outer limit of the territorial sea of the United States. 
‘‘SUBCHAPTER F—OTHER GENERAL 
PROVISIONS 
‘‘Sec. 
‘‘21. Non-preemption. 
‘‘22. Extraterritorial jurisdiction over derivative offenses. 
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‘‘§ 21. Non-preemption 
‘‘The existence of a Federal criminal offense does not 
preclude the application of a State or local law to the con-
duct proscribed by the offense, unless the law specifically 
so provides or the State or local law requires conduct con-
stituting the Federal criminal offense. 
‘‘§ 22. Extraterritorial jurisdiction over derivative of-
fenses 
‘‘If extraterritorial jurisdiction exists for an offense 
defined by a provision of law, then extraterritorial jurisdic-
tion also exists for any offense arising under subchapter 
B as a result of conduct with respect the offense so de-
fined.’’. 
SEC. 3. CONFORMING AMENDMENTS TO ELIMINATE REP-
ETITION IN THE DEFINITION OF ‘‘STATE’’. 
Title 18, United States Code, is amended— 
(1) in section 31(a), by striking paragraph (9); 
(2) in section 37(c), by striking ‘‘, and the 
term’’ and all that follows through the end of the 
subsection and inserting a period; 
(3) in section 207(j)(7)(C)— 
(A) by inserting ‘‘or’’ at the end of clause 
(v); 
(B) by striking ‘‘; and’’ at the end of 
clause (vi) and inserting a period; and 
(C) by striking clause (vii); 
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(4) in section 224(b), by striking ‘‘, territory, 
Commonwealth, or possession’’ each place it ap-
pears; 
(5) in section 228(f)— 
(A) by inserting ‘‘; and’’ at the end of 
paragraph (1); and 
(B) by striking paragraph (2); 
(6) in section 232, by striking paragraph (8); 
(7) in section 242, by striking ‘‘, Territory, 
Commonwealth, Possession, or District’’; 
(8) in section 245, by striking subsection (d); 
(9) in section 248(e), by striking paragraph (6). 
(10) in section 249(c)— 
(A) by inserting ‘‘and’’ at the end of para-
graph (3); 
(B) by striking ‘‘; and’’ at the end of para-
graph (4) and inserting a period; and 
(C) by striking paragraph (5); 
(11) in section 372, by striking ‘‘, Territory, 
Possession, or District’’; 
(12) in section 402, by striking the last para-
graph; 
(13) in section 491, by striking ‘‘, Common-
wealth of Puerto Rico, territory, possession, or the 
District of Columbia’’; 
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(14) in section 513(c)— 
(A) by inserting ‘‘and’’ at the end of para-
graph (3)(E); 
(B) by striking ‘‘; and’’ at the end of para-
graph (4) and inserting a period; and 
(C) by striking paragraph (5); 
(15) in section 521(a), by striking ‘‘ ‘State’ 
means’’ and all that follows through ‘‘United 
States.’’; 
(16) in section 595— 
(A) in the heading for that section, by 
striking ‘‘, State, or Territorial’’ and in-
serting ‘‘or State’’; and 
(B) by striking ‘‘, Territory, or Possession 
of the United States’’ each other place it ap-
pears; 
(17) in the item relating to section 595 in the 
table of sections at the beginning of chapter 29, by 
striking ‘‘, State, or Territorial’’ and inserting ‘‘or 
State’’; 
(18) in section 601(b)— 
(A) by inserting ‘‘and’’ at the end of para-
graph (1); 
(B) by striking ‘‘; and’’ at the end of para-
graph (2) and inserting a period; and 
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(C) by striking paragraph (3); 
(19) in section 666— 
(A) by inserting ‘‘and’’ at the end of para-
graph (3); and 
(B) by striking paragraph (4); 
(20) in section 793(h)(1), by striking the last 
sentence; 
(21) in section 794(d)(1), by striking the last 
sentence; 
(22) in section 798(d), by striking paragraph 
(5); 
(23) in section 831(f)(7), by striking ‘‘, State,’’ 
and all that follows through ‘‘of the United States’’; 
(24) in section 836, by striking the penultimate 
paragraph; 
(25) in section 841, by striking the last sen-
tence of paragraph (b); 
(26) in section 891, by striking paragraph (8); 
(27) in section 921(a), by striking the last sen-
tence of paragraph (2); 
(28) in the last sentence of section 1014, by 
striking ‘‘of the United States’’ and all that follows 
through the end of that sentence, and inserting a pe-
riod; 
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(29) in section 1020, by striking ‘‘or Terri-
tory’’; 
(30) in section 1028(d)— 
(A) by inserting ‘‘and’’ at the end of para-
graph (10); and 
(B) by striking paragraph (11); 
(31) in section 1029(f), by striking the last sen-
tence; 
(32) in section 1030(e), by striking paragraph 
(3); 
(33) in section 1033— 
(A) by inserting ‘‘and’’ at the end of para-
graph (2); 
(B) by striking ‘‘; and’’ at the end of para-
graph (3) and inserting a period; and 
(C) by striking paragraph (4); 
(34) in section 1073, by striking the last sen-
tence of the first paragraph; 
(35) in section 1074(b)— 
(A) by striking ‘‘, Territory, Common-
wealth, or possession of the United States’’; 
and 
(B) by striking ‘‘they would’’ and inserting 
‘‘it would’’; 
(36) in section 1084, by striking subsection (e); 
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(37) in section 1121, by striking subsection (c); 
(38) in section 1162— 
(A) by striking ‘‘or Territories’’; and 
(B) by striking ‘‘or Territory’’ each place 
it appears; 
(39) in section 1202, by striking subsection (c); 
(40) in section 1262, by striking ‘‘, Territory, 
District, or Possession’’ each place it appears; 
(41) in section 1265, by striking ‘‘, Territory, 
District or Possession’’; 
(42) in section 1307(c), by striking ‘‘(1) 
‘State’ ’’ and all that follows through ‘‘and (2)’’; 
(43) in section 1511(b), by striking paragraph 
(3); 
(44) in section 1541, by striking the last para-
graph; 
(45) in section 1546(c), by striking the last sen-
tence; 
(46) in section 1715, by striking ‘‘, Territory, 
Commonwealth, Possession, or District’’ each place 
it appears; 
(47) in section 1716, by striking subsection (k); 
(48) in section 1716E, by striking subsection 
(i); 
(49) in section 1761, by striking subsection (e); 
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(50) in section 1838, by striking ‘‘, State,’’ and 
all that follows through ‘‘territory’’ and inserting ‘‘or 
State’’; 
(51) in section 1951(b)(3)— 
(A) by striking ‘‘any Territory or Posses-
sion of the United States’’ and inserting ‘‘any 
territory or possession of the United States’’; 
and 
(B) by striking ‘‘, Territory, Possession, or 
the District of Columbia’’; 
(52) in section 1952(b)— 
(A) by striking ‘‘(i)’’; and 
(B) by striking ‘‘and (ii) the term’’ and all 
that follows through ‘‘possession of the United 
States’’; 
(53) in section 1953(c), by striking ‘‘, Common-
wealth of Puerto Rico, territory, possession, or the 
District of Columbia’’; 
(54) in section 1953(d)— 
(A) by inserting ‘‘and’’ at the end of para-
graph (4)(B); 
(B) by striking ‘‘; and’’ at the end of para-
graph (5) and inserting a period; and 
(C) by striking paragraph (6); 
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(55) in section 1955(b), by striking paragraph 
(6); 
(56) in section 1956(c)— 
(A) by inserting ‘‘and’’ at the end of para-
graph (7)(F); and 
(B) by striking paragraph (8); 
(57) in section 1958(b)— 
(A) by inserting ‘‘and’’ at the end of para-
graph (1); 
(B) by striking ‘‘; and’’ at the end of para-
graph (2) and inserting a period; and 
(C) by striking paragraph (3); 
(58) in section 1960(b)— 
(A) by inserting ‘‘and’’ at the end of para-
graph (1)(C); 
(B) by striking ‘‘; and’’ at the end of para-
graph (2) and inserting a period; and 
(C) by striking paragraph (3); 
(59) in section 1992(d), by striking paragraph 
(14); 
(60) in section 2246— 
(A) by inserting ‘‘and’’ at the end of para-
graph (4); 
(B) by striking ‘‘; and’’ at the end of para-
graph (5) and inserting a period; and 
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(C) by striking paragraph (6); 
(61) in section 2265A(b)— 
(A) by striking ‘‘; and’’ at the end of para-
graph (1)(B); and 
(B) by striking paragraph (2); 
(62) in section 2266, by striking paragraph (8); 
(63) in section 2281(c), by striking ‘‘, and the 
term ‘State’ ’’ and all that follows through the end 
of subsection (c), and inserting a period; 
(64) in section 2293(b), by striking paragraph 
(2); 
(65) in section 2313— 
(A) by striking ‘‘(a)’’; and 
(B) by striking subsection (b); 
(66) in section 2315, by striking the penul-
timate paragraph; 
(67) in section 2341, by striking paragraph (4); 
(68) in section 2384, by striking ‘‘or Terri-
tory’’; 
(69) in section 2385, by striking ‘‘, Territory, 
District or Possession thereof,’’; 
(70) in section 2386(B)(2)(c), by striking ‘‘, 
Territory, District, or possession of the United 
States’’; 
(71) in section 2426(b)— 
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(A) by striking ‘‘; and’’ at the end of para-
graph (1)(B); and 
(B) by striking paragraph (2); 
(72) in section 2510, by striking paragraph (3); 
(73) in section 3077, by striking paragraph (5); 
(74) in section 3127— 
(A) by inserting ‘‘and’’ at the end of para-
graph (4); 
(B) by striking ‘‘; and’’ at the end of para-
graph (5), and inserting a period; and 
(C) by striking paragraph (6); 
(75) in section 3156— 
(A) by inserting ‘‘and’’ at the end of para-
graph (3); 
(B) by striking ‘‘; and’’ at the end of para-
graph (4)(C), and inserting a period; and 
(C) by striking paragraph (5); 
(76) in section 3182— 
(A) by striking ‘‘State or Territory’’ each 
place it appears, including in the section head-
ing, and inserting ‘‘State’’; and 
(B) by striking ‘‘State, District, or Terri-
tory’’ each place it appears, including in the 
section heading, and inserting ‘‘State’’; 
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(77) in the item relating to section 3182 in the 
table of sections for chapter 209— 
(A) by striking ‘‘State or Territory’’ each 
place it appears and inserting ‘‘State’’; and 
(B) by striking ‘‘State, District, or Terri-
tory’’ each place it appears and inserting 
‘‘State’’; 
(78) in section 3183— 
(A) by striking ‘‘, Territory, or Pos-
session’’ in the heading; and 
(B) by striking ‘‘, Territory, District, or 
possession of the United States’’; 
(79) in the item relating to section 3183 in the 
table of sections for chapter 209, by striking ‘‘, Ter-
ritory, or Possession’’; 
(80) in section 3194, by striking ‘‘or Terri-
tory’’; 
(81) in section 3481, by striking ‘‘, District, 
Possession or Territory’’; 
(82) by striking section 3528 and the item re-
lating to that section in the table of sections at the 
beginning of chapter 224; 
(83) in section 3559(c)(2)— 
(A) by inserting ‘‘and’’ at the end of sub-
paragraph (F)(ii); and 
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