122 
403(a) for offenses involving large quantities of major 
drugs under that section. 
(f) PROVIDING
CONTROLLED
SUBSTANCES
TO
CHIL-
DREN.—Whoever violates subsection (c) or (d)— 
(1) by knowingly providing or distributing a controlled 
substance or a controlled substance analogue to a child; or 
(2) if the person employed, hired, or used is 14 years 
of age or younger; 
shall be subject to a term of imprisonment for not more than 
five years, in addition to any other punishment authorized by 
this chapter. 
(g) PREGNANT PERSONS.—Except as authorized by the 
Controlled Substances Act, it shall be unlawful for any person 
to knowingly or intentionally provide or distribute any con-
trolled substance to a pregnant individual in violation of any 
provision of this title. Any person who violates this subsection 
shall be subject to the same penalties as are provided for a vio-
lation of subsection (c). 
§ 405. Enhancement for offenses involving pro-
tected places 
(a) CULTIVATION
ON FEDERAL PROPERTY.—The max-
imum fine that may be imposed for a violation of section 402 
by cultivating a controlled substance on Federal property shall 
be the greater of the amount otherwise provided in this chapter 
or— 
(1) $500,000 if the defendant is an individual; or 
(2) $1,000,000 if the defendant is other than an indi-
vidual. 
(b) USE
OF
HAZARDOUS
SUBSTANCE
ON
FEDERAL 
LAND.—Whoever in the course of a violation of section 402 
knowingly uses a poison, chemical, or other hazardous sub-
stance on Federal land, and, by such use— 
(1) creates a serious hazard to humans, wildlife, or do-
mestic animals, 
(2) degrades or harms the environment or natural re-
sources, or 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00122
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
123 
(3) pollutes an aquifer, spring, stream, river, or body 
of water, 
or attempt or conspires to do so shall be imprisoned not more 
than five years. 
(c) BOOBYTRAPS.— 
(1) Whoever knowingly assembles, maintains,or places 
a boobytrap on Federal property where a controlled sub-
stance is being manufactured, distributed, or dispensed, or 
attempts or conspires to do so, shall be imprisoned not 
more than ten years. 
(2) If the offender has one or more prior convictions 
for an offense under this subsection, the offender shall be 
imprisoned not more than 20 years. 
(3) As used in this subsection, the term ‘‘boobytrap’’ 
means any concealed or camouflaged device designed to 
cause bodily injury when triggered by any action of any 
unsuspecting person making contact with the device. Such 
term includes guns, ammunition, or explosive devices at-
tached to trip wires or other triggering mechanisms, sharp-
ened stakes, and lines or wires with hooks attached. 
(d) SAFETY REST AREAS.— 
(1) ENHANCEMENT.—Whoever violates section 402 by 
distributing or possessing with intent to distribute a con-
trolled substance in or on, or within 1,000 feet of, a truck 
stop or safety rest area is subject to— 
(A) in the case of a first offense under this sub-
section subject to— 
(i) twice the maximum punishment provided in 
section 403; and 
(ii) twice any term of supervised release au-
thorized by section 403 for a first offense; and 
(B) in the case of an offense under this subsection 
after a prior conviction under this subsection— 
(i) three times the maximum punishment au-
thorized by section 403; and 
(ii) three times any term of supervised release 
authorized by section 403 for a first offense. 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00123
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
124 
(2) DEFINITIONS.—As used in this subsection— 
(A) the term ‘‘safety rest area’’ means a roadside 
facility with parking facilities for the rest or other 
needs of motorists. 
(B) the term ‘‘truck stop’’ means a facility (in-
cluding any parking lot appurtenant thereto) that— 
(i) has the capacity to provide fuel or service, 
or both, to any commercial motor vehicle (as de-
fined in section 31301 of title 49, United States 
Code), operating in commerce (as defined in that 
section); and 
(ii) is located within 2,500 feet of the National 
System of Interstate and Defense Highways or the 
Federal-Aid Primary System. 
§ 406. Maintaining drug-involved premises. 
(a) Except as authorized by this title, it shall be unlawful 
to— 
(1) knowingly open, lease, rent, use, or maintain any 
place, whether permanently or temporarily, for the purpose 
of manufacturing, distributing, or using any controlled sub-
stance; 
(2) manage or control any place, whether permanently 
or temporarily, either as an owner, lessee, agent, employee, 
occupant, or mortgagee, and knowingly and intentionally 
rent, lease, profit from, or make available for use, with or 
without compensation, the place for the purpose of unlaw-
fully manufacturing, storing, distributing, or using a con-
trolled substance. 
(b) Any person who violates subsection (a) of this section 
shall be sentenced to a term of imprisonment of not more than 
20 years or a fine of not more than $500,000, or both, or a 
fine of $2,000,000 for a person other than an individual. 
(c) A violation of subsection (a) shall be considered an of-
fense 
against 
property 
for 
purposes 
of 
section 
3663A(c)(1)(A)(ii) of title 18, United States Code. 
(d)(1) Any person who violates subsection (a) shall be sub-
ject to a civil penalty of not more than the greater of— 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00124
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
125 
(A) $250,000; or 
(B) 2 times the gross receipts, either known or esti-
mated, that were derived from each violation that is attrib-
utable to the person. 
(2) If a civil penalty is calculated under paragraph (1)(B), 
and there is more than 1 defendant, the court may apportion 
the penalty between multiple violators, but each violator shall 
be jointly and severally liable for the civil penalty under this 
subsection. 
(e) Any person who violates subsection (a) shall be subject 
to declaratory and injunctive remedies as set forth in section 
403(f) of the Controlled Substances Act. 
§ 407. Distribution in or near schools 
(a) IN GENERAL.—Whoever violates section 402 by dis-
tributing, possessing with intent to distribute, or manufac-
turing a controlled substance in or on, or within one thousand 
feet of, the real property comprising a public or private elemen-
tary, vocational, or secondary school or a public or private col-
lege, junior college, or university, or a playground, or housing 
facility owned by a public housing authority, or within 100 feet 
of a public or private youth center, public swimming pool, or 
video arcade facility, is (except as provided in subsection (b)) 
subject to— 
(1) twice the maximum punishment authorized by sec-
tion 403; and 
(2) at least twice any term of supervised release au-
thorized by section 403 for a first offense. A fine up to 
twice that authorized by section 403 may be imposed in ad-
dition to any term of imprisonment authorized by this sub-
section. 
Except to the extent a greater minimum sentence is otherwise 
provided by section 403, a person shall be sentenced under this 
subsection to a term of imprisonment of not less than one year. 
The mandatory minimum sentencing provisions of this para-
graph shall not apply to offenses involving 5 grams or less of 
marihuana. 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00125
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
126 
(b) SECOND OR SUBSEQUENT OFFENSES.—Whoever vio-
lates subsection (a) after a prior conviction under subsection 
(a) is punishable— 
(1) by the greater of— 
(A) a term of imprisonment of not less than three 
years and not more than life imprisonment; or 
(B) three times the maximum punishment author-
ized by section 403 for a first offense; and 
(2) at least three times any term of supervised release 
authorized by section 403 for a first offense. 
A fine up to three times that authorized by section 403 
may be imposed in addition to any term of imprisonment au-
thorized by this subsection. Except to the extent a greater min-
imum sentence is otherwise provided by section 401(b), a per-
son shall be sentenced under this subsection to a term of im-
prisonment of not less than three years. Penalties for third and 
subsequent convictions shall be governed by section 403. 
(c) SPECIAL RULE
FOR USING CHILDREN.—Notwith-
standing any other law, whoever, being at least 21 years of age, 
knowingly— 
(1) employs, hires, uses, persuades, induces, entices, or 
coerces a child to violate this section; or 
(2) employs, hires, uses, persuades, induces, entices, or 
coerces a child to assist in avoiding detection or apprehen-
sion for any offense under this section by any Federal, 
State, or local law enforcement official, 
is punishable by a term of imprisonment, a fine, or both, up 
to triple those authorized by section 403. 
(d) In the case of any mandatory minimum sentence im-
posed under subsection (b), imposition or execution of such 
sentence shall not be suspended and probation shall not be 
granted. An individual convicted under this section shall not be 
eligible for parole until the individual has served the mandatory 
minimum term of imprisonment as provided by this section. 
(e) DEFINITIONS.—As used in this section— 
(1) the term ‘‘playground’’ means any outdoor facility 
(including any parking lot appurtenant thereto) intended 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00126
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
127 
for recreation, open to the public, and with any portion 
thereof containing three or more separate apparatus in-
tended for the recreation of children including, but not lim-
ited to, sliding boards, swingsets, and teeterboards; 
(2) the term ‘‘youth center’’ means any recreational 
facility and/or gymnasium (including any parking lot ap-
purtenant thereto), intended primarily for use by persons 
under 18 years of age, which regularly provides athletic, 
civic, or cultural activities. 
(3) the term ‘‘video arcade facility’’ means any facility, 
legally accessible to children, intended primarily for the use 
of pinball and video machines for amusement containing a 
minimum of ten machines that are either pinball or video 
machines; and 
(4) the term ‘‘swimming pool’’ includes any parking 
lot appurtenant thereto. 
§ 408. Listed chemicals 
(a) OFFENSE.—Whoever knowingly— 
(1) possesses a listed chemical with intent to manufac-
ture a controlled substance except as authorized by the 
Controlled Substances Act; 
(2) possesses or distributes, a listed chemical knowing, 
or having reasonable cause to believe, that the listed chem-
ical will be used to manufacture a controlled substance ex-
cept as authorized by the Controlled Substances Act; or 
(3) with the intent of causing the evasion of the rec-
ordkeeping or reporting requirements of section 310 of the 
Controlled Substances Act, or the regulations issued under 
that section, receives or distributes a reportable amount of 
any listed chemical in units small enough so that the mak-
ing of records or filing of reports under that section is not 
required; 
shall be imprisoned not more than 20 years in the case of a 
violation of paragraph (1) or (2) involving a list I chemical or 
not more than 10 years in any other case. 
(b) INJUNCTIONS.—In addition to any other applicable 
penalty, any person convicted of a felony violation of this sec-
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00127
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
128 
tion relating to the receipt, distribution, manufacture, expor-
tation, or importation of a listed chemical may be enjoined 
from engaging in any transaction involving a listed chemical for 
not more than ten years. 
(c) ADDITIONAL OFFENSES.— 
(1) Whoever knowingly distributes a listed chemical in 
violation of the Controlled Substances Act (other than in 
violation of a recordkeeping or reporting requirement of 
section 310), or attempts or conspires to do so, shall be im-
prisoned not more than 5 years. 
(2) Whoever knowingly possesses any listed chemical, 
with knowledge that the recordkeeping or reporting require-
ments of section 310 of such Act have not been adhered 
to, if, after such knowledge is acquired, such person does 
not take immediate steps to remedy the violation, or at-
tempts or conspires to do so, shall be imprisoned not more 
than one year. 
§ 409. Domestic regulatory offenses 
(a) UNLAWFUL CONDUCT GENERALLY.—It shall be un-
lawful for any person— 
(1) who is subject to the requirements of part C of the 
Controlled Substances Act to distribute or dispense a con-
trolled substance in violation of section 309 of that Act; 
(2) who is a registrant to distribute or dispense a con-
trolled substance not authorized by his registration to an-
other registrant or other authorized person or to manufac-
ture a controlled substance not authorized by his registra-
tion; 
(3) who is a registrant to distribute a controlled sub-
stance in violation of section 305 of the Controlled Sub-
stances Act; 
(4) to remove, alter, or obliterate a symbol or label re-
quired by section 305 of the Controlled Substances Act; 
(5) to refuse or negligently fail to make, keep, or fur-
nish any record, report, notification, declaration, order or 
order form, statement, invoice, or information required 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00128
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
129 
under the Controlled Substances Act or the Controlled Sub-
stances Import and Export Act; 
(6) to refuse any entry into any premises or inspection 
authorized by the Controlled Substances Act or the Con-
trolled Substances Import and Export Act; 
(7) to remove, break, injure, or deface a seal placed 
upon controlled substances pursuant to section 304(f) or 
511 of the Controlled Substances Act or to remove or dis-
pose of substances so placed under seal; 
(8) to use, to his own advantage, or to reveal, other 
than to duly authorized officers or employees of the United 
States, or to the courts when relevant in any judicial pro-
ceeding under this title or title III, any information ac-
quired in the course of an inspection authorized by the 
Controlled Substances Act concerning any method or proc-
ess which as a trade secret is entitled to protection, or to 
use to his own advantage or reveal (other than as author-
ized by section 310 of that Act) any information that is 
confidential under such section; 
(9) who is a regulated person to engage in a regulated 
transaction without obtaining the identification required by 
310(a)(3) of the Controlled Substances Act; 
(10) negligently to fail to keep a record or make a re-
port under section 310 of that Act; or 
(11) to distribute a laboratory supply to a person who 
uses, or attempts to use, that laboratory supply to manu-
facture a controlled substance or a listed chemical, in viola-
tion of the Controlled Substances Act or the Controlled 
Substances Import and Export Act, with reckless disregard 
for the illegal uses to which such a laboratory supply will 
be put. 
(b) DEFINITION.—As used in subsection (a)(11), the term 
‘‘laboratory supply’’ means a listed chemical or any chemical, 
substance, or item on a special surveillance list published by 
the Attorney General, which contains chemicals, products, ma-
terials, or equipment used in the manufacture of controlled 
substances and listed chemicals. For purposes of that sub-
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00129
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
130 
section, there is a rebuttable presumption of reckless disregard 
at trial if the Attorney General notifies a firm in writing that 
a laboratory supply sold by the firm, or any other person or 
firm, has been used by a customer of the notified firm, or dis-
tributed further by that customer, for the unlawful production 
of controlled substances or listed chemicals a firm distributes 
and 2 weeks or more after the notification the notified firm dis-
tributes a laboratory supply to the customer. 
(c) SCHEDULE I AND II SUBSTANCES.—It shall be unlaw-
ful for any person who is a registrant to manufacture a con-
trolled substance in schedule I or II which is— 
(1) not expressly authorized by the registration and by 
a quota assigned to that registrant pursuant to section 306 
of the Controlled Substances Act; or 
(2) in excess of a quota assigned to that registrant 
pursuant to section 306. 
(d)(1)(A) Except as provided in subparagraph (B) of this 
paragraph and paragraph (2), any person who violates this sec-
tion shall, with respect to any such violation, be subject to a 
civil penalty of not more than $25,000. 
(B) In the case of a violation of paragraph (5) or (10) of 
subsection (a), the civil penalty shall not exceed $10,000. 
(2)(A) Whoever knowingly violates, or attempts or con-
spires to violate, this section shall, except as otherwise provided 
in subparagraph (B), be imprisoned not more than one year. 
(B) If a violation referred to in subparagraph (A) was 
committed after one or more prior convictions of the offender 
for an offense punishable under this paragraph (2), or for a 
crime under any other provision of any law of the United 
States relating to controlled substances, narcotic drugs, mari-
huana, or depressant or stimulant substances, have become 
final, such person shall be sentenced to a term of imprisonment 
of not more than 2 years. 
(C) In addition to the penalties set forth elsewhere in this 
title, any business that violates paragraph (11) of subsection 
(a) shall, with respect to the first such violation, be subject to 
a civil penalty of not more than $250,000, but shall not be sub-
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00130
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
131 
ject 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, which-
ever is greater. 
(3) Except under the conditions specified in paragraph (2) 
of this subsection, a violation of this section does not constitute 
a crime, and a judgment for the United States and imposition 
of a civil penalty pursuant to paragraph (1) shall not give rise 
to any disability or legal disadvantage based on conviction for 
a criminal offense. 
§ 410. Additional domestic regulatory offenses 
(a) GENERALLY.—It shall be unlawful for any person 
knowingly— 
(1) as a registrant to distribute a controlled substance 
classified in schedule I or II, in the course of legitimate 
business, except pursuant to an order or an order form as 
required by section 308 of the Controlled Substances Act; 
(2) to use in the course of the manufacture, distribu-
tion, or dispensing of a controlled substance, or to use for 
the purpose of acquiring or obtaining a controlled sub-
stance, a registration number which is fictitious, revoked, 
suspended, expired, or issued to another person; 
(3) to acquire or obtain possession of a controlled sub-
stance by misrepresentation, fraud, forgery, deception, or 
subterfuge; 
(4)(A) to furnish false or fraudulent material informa-
tion in, or omit any material information from, any applica-
tion, report, record, or other document required to be 
made, kept, or filed under this chapter, the Controlled Sub-
stances Act, or the Controlled Substances Import and Ex-
port Act, or (B) to present false or fraudulent identification 
where the person is receiving or purchasing a listed chem-
ical and the person is required to present identification 
under section 310(a) of the Controlled Substances Act; 
(5) to make, distribute, or possess any punch, die, 
plate, stone, or other thing designed to print, imprint, or 
reproduce the trademark, trade name, or other identifying 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00131
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
132 
mark, imprint, or device of another or any likeness of any 
of the foregoing upon any drug or container or labeling 
thereof so as to render such drug a counterfeit substance; 
(6) to possess any three-neck round-bottom flask, 
tableting machine, encapsulating machine, or gelatin cap-
sule, or any equipment, chemical, product, or material 
which may be used to manufacture a controlled substance 
or listed chemical, knowing, intending, or having reasonable 
cause to believe, that it will be used to manufacture a con-
trolled substance or listed chemical in violation of this title, 
the Controlled Substances Act, or the Controlled Sub-
stances Import and Export Act; 
(7) to manufacture, distribute, export, or import any 
three-neck round-bottom flask, tableting machine, encap-
sulating machine, or gelatin capsule, or any equipment, 
chemical, product, or material which may be used to manu-
facture a controlled substance or listed chemical, knowing, 
intending, or having reasonable cause to believe, that it will 
be used to manufacture a controlled substance or listed 
chemical in violation of this title, the Controlled Substances 
Act, or the Controlled Substances Import and Export Act 
or, in the case of an exportation, in violation of this title, 
the Controlled Substances Act, the Controlled Substances 
Import and Export Act, or of the laws of the country to 
which it is exported; 
(8) to create a chemical mixture for the purpose of 
evading a requirement of section 310 of the Controlled 
Substances Act or to receive a chemical mixture created for 
that purpose; or 
(9) to distribute, import, or export a list I chemical 
without the registration required by the Controlled Sub-
stances Act or the Controlled Substances Import and Ex-
port Act. 
(b) USE OF COMMUNICATION FACILITY.— 
(1) It shall be unlawful for any person knowingly or 
intentionally to use any communication facility in commit-
ting or in causing or facilitating the commission of any fel-
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00132
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
133 
ony under this chapter or the Controlled Substances Act or 
the Controlled Substances Import and Export Act. 
(2) Each separate use of a communication facility 
shall be a separate offense under this subsection. 
(3) As used in this subsection, the term ‘‘communica-
tion facility’’ means any and all public and private instru-
mentalities used or useful in the transmission of writing, 
signs, signals, pictures, or sounds of all kinds and includes 
mail, telephone, wire, radio, and all other means of commu-
nication. 
(c) ADVERTISING.— 
(1) It shall be unlawful for any person to place in any 
newspaper, magazine, handbill, or other publications, any 
written advertisement knowing that it has the purpose of 
seeking or offering illegally to receive, buy, or distribute a 
schedule I controlled substance. 
(2) As used in this subsection the term ‘‘advertise-
ment’’ includes, in addition to its ordinary meaning, such 
advertisements as those for a catalog of schedule I con-
trolled substances and any similar written advertisement 
that has the purpose of seeking or offering illegally to re-
ceive, buy, or distribute a schedule I controlled substance. 
The term ‘‘advertisement’’ does not include material which 
merely advocates the use of a similar material, which advo-
cates a position or practice, and does not attempt to pro-
pose or facilitate an actual transaction in a schedule I con-
trolled substance. 
(d) PENALTIES.— 
(1) Except as provided in paragraph (2), whoever 
knowingly violates this section shall be imprisoned not more 
than 4 years; except that if any person commits such a vio-
lation after being convicted for a felony under any law of 
the United States relating to controlled substances, nar-
cotic drugs, marihuana, or depressant or stimulant sub-
stances, such person shall be sentenced to a term of impris-
onment of not more than 8 years. 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00133
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
134 
(2) Whoever, with the intent to manufacture or to fa-
cilitate the manufacture of methamphetamine, violates 
paragraph (6) or (7) of subsection (a), shall be imprisoned 
not more than 10 years; except that if any person commits 
such a violation after one or more prior convictions of that 
persons for a violation of any law of the United States or 
any State relating to controlled substances or listed chemi-
cals, such person shall be imprisoned not more than 20 
years. 
(e) INJUNCTION RELATING
TO ENGAGING
IN TRANS-
ACTIONS.— In addition to any other applicable penalty, any 
person convicted of a felony violation of this section relating to 
the receipt, distribution, manufacture, exportation, or importa-
tion of a listed chemical may be enjoined from engaging in any 
transaction involving a listed chemical for not more than ten 
years. 
(f) DECLARATORY AND OTHER RELIEF.— 
(1) In addition to any penalty provided in this section, 
the Attorney General is authorized to commence a civil ac-
tion for appropriate declaratory or injunctive relief relating 
to a violation of this section, section 402, or section 406. 
(2) Any action under this subsection may be brought 
in the district court of the United States for the district 
in which the defendant is located or resides or is doing 
business. 
(3) Any order or judgment issued by the court pursu-
ant to this subsection shall be tailored to restrain the viola-
tion. 
(4) The court shall proceed as soon as practicable to 
the hearing and determination of such an action. An action 
under this subsection is governed by the Federal Rules of 
Civil Procedure except that, if an indictment has been re-
turned against the respondent, discovery is governed by the 
Federal Rules of Criminal Procedure. 
§ 411. Penalty for simple possession 
(a) ELEMENTS OF OFFENSE.—It shall be unlawful for any 
person knowingly— 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00134
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
135 
(1) to possess a controlled substance unless such sub-
stance was obtained directly, or pursuant to a valid pre-
scription or order, from a practitioner acting in the course 
of professional practice, or except as otherwise authorized 
by the Controlled Substances Act or the Controlled Sub-
stances Import and Export Act; 
(2) to possess any list I chemical obtained pursuant to 
or under authority of a registration issued to that person 
under section 303 of the Controlled Substances Act or sec-
tion 1008 of the Controlled Substances Import and Export 
Act, if that registration has been revoked or suspended, if 
that registration has expired, or if the registrant has ceased 
to do business in the manner contemplated by his registra-
tion. 
(b) PUNISHMENT.— 
(1) GENERALLY.—Whoever violates subsection (a) 
shall be imprisoned not more than 1 year, except that the 
offense is after a prior conviction of the offender under the 
Controlled Substances Act or the Controlled Substances 
Import and Export Act, or for any drug, narcotic, or chem-
ical offense chargeable under the law of any State, the of-
fender shall be imprisoned not less than 15 days nor more 
than 2 years, and shall be fined a minimum of $2,500, and 
if the offense is after two or more such convictions, the of-
fender shall be sentenced to a term of imprisonment for not 
less than 90 days but not more than 3 years, and shall be 
fined a minimum of $5,000. 
(2) COCAINE BASE.—Notwithstanding paragraph (a), 
a person convicted under this section for the possession of 
a mixture or substance which contains cocaine base shall 
be imprisoned not less than 5 years and not more than 20 
years, and fined a minimum of $1,000, if the conviction is 
a first conviction under this subsection and the amount of 
the mixture or substance exceeds 5 grams, if the conviction 
is after a prior conviction for the possession of such a mix-
ture or substance under this subsection becomes final and 
the amount of the mixture or substance exceeds 3 grams, 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00135
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
136 
or if the conviction is after 2 or more prior convictions for 
the possession of such a mixture or substance under this 
subsection become final and the amount of the mixture or 
substance exceeds 1 gram. 
(3) FLUNITRAZEPAM.—Notwithstanding any penalty 
provided in this subsection, any person convicted under this 
subsection for the possession of flunitrazepam shall be im-
prisoned for not more than 3 years, shall be fined as other-
wise provided in this section, or both. The imposition or 
execution of a minimum sentence required to be imposed 
under this subsection shall not be suspended or deferred. 
(4) COSTS.—Further, upon conviction, a person who 
violates this subsection shall be fined the reasonable costs 
of the investigation and prosecution of the offense, includ-
ing the costs of prosecution of an offense as defined in sec-
tions 1918 and 1920 of title 28, except that this sentence 
shall not apply and a fine under this section need not be 
imposed if the court determines the defendant lacks the 
ability to pay. 
(c) DEFINITION.—As used in this section, the term ‘‘drug, 
narcotic, or chemical offense’’ means any offense which pro-
scribes the possession, distribution, manufacture, cultivation, 
sale, transfer, or the attempt or conspiracy to possess, dis-
tribute, manufacture, cultivate, sell or transfer any substance 
the possession of which is prohibited under the Controlled Sub-
stances Act. 
§ 412. 
Civil 
penalty 
for 
possession 
of 
small 
amounts of certain controlled substances 
(a) IN GENERAL.—An individual who knowingly possesses 
a controlled substance described in section 403(a) in violation 
of section 411 in an amount that, as specified by regulation of 
the Attorney General, is a personal use amount shall be liable 
to the United States for a civil penalty in an amount not to 
exceed $10,000. 
(b) INCOME AND NET ASSETS.—The income and net as-
sets of an individual shall not be relevant to the determination 
whether to assess a civil penalty under this section or to pros-
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00136
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
137 
ecute the individual criminally. However, in determining the 
amount of a penalty under this section, the income and net as-
sets of an individual shall be considered. 
(c) PRIOR CONVICTION.—A civil penalty may not be as-
sessed under this section if the individual previously was con-
victed of a Federal or State offense relating to a controlled sub-
stance. 
(d) LIMITATION ON NUMBER OF ASSESSMENTS.—A civil 
penalty may not be assessed on an individual under this section 
on more than two separate occasions. 
(e) ASSESSMENT.—A civil penalty under this section may 
be assessed by the Attorney General only by an order made on 
the record after opportunity for a hearing in accordance with 
section 554 of title 5. The Attorney General shall provide writ-
ten notice to the individual who is the subject of the proposed 
order informing the individual of the opportunity to receive 
such a hearing with respect to the proposed order. The hearing 
may be held only if the individual makes a request for the hear-
ing before the expiration of the 30-day period beginning on the 
date such notice is issued. 
(f) COMPROMISE.—The Attorney General may com-
promise, modify, or remit, with or without conditions, any civil 
penalty imposed under this section. 
(g) JUDICIAL REVIEW.—If the Attorney General issues an 
order pursuant to subsection (e) after a hearing described in 
such subsection, the individual who is the subject of the order 
may, before the expiration of the 30-day period beginning on 
the date the order is issued, bring a civil action in the appro-
priate district court of the United States. In such action, the 
law and the facts of the violation and the assessment of the 
civil penalty shall be determined de novo, and shall include the 
right of a trial by jury, the right to counsel, and the right to 
confront witnesses. The facts of the violation shall be proved 
beyond a reasonable doubt. 
(h) CIVIL ACTION.—If an individual does not request a 
hearing pursuant to subsection (e) and the Attorney General 
issues an order pursuant to such subsection, or if an individual 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00137
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
138 
does not under subsection (g) seek judicial review of such an 
order, the Attorney General may commence a civil action in any 
appropriate district court of the United States for the purpose 
of recovering the amount assessed and an amount representing 
interest at a rate computed in accordance with section 1961 of 
title 28, United States Code. Such interest shall accrue from 
the expiration of the 30-day period described in subsection (g). 
In such an action, the decision of the Attorney General to issue 
the order, and the amount of the penalty assessed by the Attor-
ney General, shall not be subject to review. 
(i) LIMITATION.—The Attorney General may not under 
this section commence proceeding against an individual after 
the expiration of the 5-year period beginning on the date on 
which the individual allegedly violated subsection (a). 
(j) EXPUNGEMENT PROCEDURES.—The Attorney General 
shall dismiss the proceedings under this section against an indi-
vidual upon application of such individual at any time after the 
expiration of 3 years if— 
(1) the individual has not previously been assessed a 
civil penalty under this section; 
(2) the individual has paid the assessment; 
(3) the individual has complied with any conditions 
imposed by the Attorney General; 
(4) the individual has not been convicted of a Federal 
or State offense relating to a controlled substance; and 
(5) the individual agrees to submit to a drug test, and 
such test shows the individual to be drug free. 
A nonpublic record of a disposition under this subsection shall 
be retained by the Department of Justice solely for the purpose 
of determining in any subsequent proceeding whether the per-
son qualified for a civil penalty or expungement under this sec-
tion. If a record is expunged under this subsection, an indi-
vidual concerning whom such an expungement has been made 
shall not be held thereafter under any provision of law to be 
guilty of perjury, false swearing, or making a false statement 
by reason of his failure to recite or acknowledge a proceeding 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00138
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
139 
under this section or the results thereof in response to an in-
quiry made of him for any purpose. 
§ 413. Continuing criminal enterprise 
(a) ENGAGING IN ENTERPRISE.— 
(1) Whoever engages in a continuing criminal enter-
prise shall be imprisoned for any term of years not less 
than 20, or for life and fined not more than $2,000,000. 
(2) If a person engages in such activity after a prior 
conviction of that person under this section, the offender 
shall be imprisoned any term of years not less than 30, or 
for life, and fined not to exceed the greater of twice the 
amount 
otherwise 
authorized 
in 
this 
chapter, 
or 
$4,000,000. 
(b) AGGRAVATED OFFENSE.—Whoever engages in a con-
tinuing criminal enterprise shall be imprisoned for life and 
fined under subsection (a), if— 
(1) such person is the principal administrator, orga-
nizer, or leader of the enterprise or is one of several such 
principal administrators, organizers, or leaders; and 
(2)(A) the violation referred to in subsection (c)(1) in-
volved at least 300 times the quantity of a substance de-
scribed in section 403(b), or 
(B) the enterprise, or any other enterprise in which 
the defendant was the principal or one of several principal 
administrators, organizers, or leaders, received $10 million 
dollars in gross receipts during any twelve-month period of 
its existence for the manufacture, importation, or distribu-
tion of a substance described in section 403(b). 
(c) WHAT CONSTITUTES ‘‘ENGAGING’’.—For purposes of 
this section, a person is engaged in a continuing criminal enter-
prise if— 
(1) that person violates any provision of this chapter 
the punishment for which is a felony, and 
(2) such violation is a part of a continuing series of 
violations of chapter— 
(A) which are undertaken by such person in con-
cert with five or more other persons with respect to 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00139
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
140 
whom such person occupies a position of organizer, a 
supervisory position, or any other position of manage-
ment, and 
(B) from which such person obtains substantial in-
come or resources. 
(d) SPECIAL RULE FOR SENTENCING.—In the case of any 
sentence imposed under this section, imposition or execution of 
such sentence shall not be suspended, probation shall not be 
granted, and the Act of July 15, 1932 (D.C. Code, secs. 24– 
203—24–207), shall not apply. 
(e) DEATH PENALTY.— 
(1) In addition to the other penalties set forth in this 
section whoever— 
(A) while engaging in or working in furtherance of a 
continuing criminal enterprise, or engaging in an offense 
punishable under section 403(a) intentionally kills or coun-
sels, commands, induces, procures, or causes the intentional 
killing of an individual and such killing results; and 
(B) during the commission of, in furtherance of, or 
while attempting to avoid apprehension, prosecution or 
service of a prison sentence for, a felony violation of this 
chapter intentionally kills or counsels, commands, induces, 
procures, or causes the intentional killing of any Federal, 
State, or local law enforcement officer engaged in, or on ac-
count of, the performance of such officer’s official duties 
and such killing results. 
shall be imprisoned any term of year not less than 20, or for 
life, or may be sentenced to death. 
(2) As used in paragraph (1)(B), the term ‘‘law enforce-
ment officer’’ means a public servant authorized by law to con-
duct or engage in the prevention, investigation, prosecution or 
adjudication of an offense, and includes those engaged in cor-
rections, probation, or parole functions. 
§ 414. Drug paraphernalia 
(a) OFFENSE.—Whoever— 
(1) sells or offers for sale drug paraphernalia; 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00140
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
141 
(2) uses a facility of interstate or foreign commerce to 
transport drug paraphernalia; or 
(3) imports or exports drug paraphernalia. 
shall be imprisoned not more than three years. 
(b) FORFEITURE.—Any drug paraphernalia involved in 
any violation of subsection (a) of this section shall be subject 
to seizure and forfeiture upon the conviction of a person for 
such violation. Any such paraphernalia shall be delivered to the 
Administrator of General Services, General Services Adminis-
tration, who may order such paraphernalia destroyed or may 
authorize its use for law enforcement or educational purposes 
by Federal, State, or local authorities. 
(c) DEFINITION.—The term ‘‘drug paraphernalia’’ means 
any equipment, product, or material of any kind which is pri-
marily intended or designed for use in manufacturing, 
compounding, converting, concealing, producing, processing, 
preparing, injecting, ingesting, inhaling, or otherwise intro-
ducing into the human body a controlled substance, possession 
of which is unlawful under the Controlled Substances Act (title 
II of Public Law 91–513). It includes items primarily intended 
or designed for use in ingesting, inhaling, or otherwise intro-
ducing marijuana, cocaine, hashish, hashish oil, PCP, meth-
amphetamine, or amphetamines into the human body, such 
as— 
(1) metal, wooden, acrylic, glass, stone, plastic, or ce-
ramic pipes with or without screens, permanent screens, 
hashish heads, or punctured metal bowls; 
(2) water pipes; 
(3) carburetion tubes and devices; 
(4) smoking and carburetion masks; 
(5) roach clips: meaning objects used to hold burning 
material, such as a marihuana cigarette, that has become 
too small or too short to be held in the hand; 
(6) miniature spoons with level capacities of one-tenth 
cubic centimeter or less; 
(7) chamber pipes; 
(8) carburetor pipes; 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00141
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
142 
(9) electric pipes; 
(10) air-driven pipes; 
(11) chillums; 
(12) bongs; 
(13) ice pipes or chillers; 
(14) wired cigarette papers; or 
(15) cocaine freebase kits. 
(e) FACTORS WHICH MAY BE CONSIDERED.—In deter-
mining whether an item constitutes drug paraphernalia, in ad-
dition to all other logically relevant factors, the following may 
be considered: 
(1) Instructions, oral or written, provided with the 
item concerning its use. 
(2) Descriptive materials accompanying the item which 
explain or depict its use. 
(3) National and local advertising concerning its use. 
(4) The manner in which the item is displayed for 
sale. 
(5) Whether the owner, or anyone in control of the 
item, is a legitimate supplier of like or related items to the 
community, such as a licensed distributor or dealer of to-
bacco products. 
(6) Direct or circumstantial evidence of the radio of 
sales of the item to the total sales of the business enter-
prise. 
(7) The existence and scope of legitimate uses of the 
item in the community. 
(8) Expert testimony concerning its use. 
(f) EXCLUSIONS.—This section shall not apply to— 
(1) any person authorized by local, State, or Federal 
law to manufacture, possess, or distribute such items; or 
(2) any item that, in the normal lawful course of busi-
ness, is imported, exported, transported, or sold through 
the mail or by any other means, and traditionally intended 
for use with tobacco products, including any pipe, paper, or 
accessory. 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00142
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
143 
§ 415. Proceedings to establish prior convictions 
(a) FILING OF INFORMATION.— 
(1) No person who is convicted of an offense under 
this chapter shall be sentenced to increased punishment by 
reason of one or more prior convictions, unless before trial, 
or before entry of a plea of guilty, the United States attor-
ney files an information with the court (and serves a copy 
of such information on the person or counsel for the per-
son) stating in writing the previous convictions to be relied 
upon. Upon a showing by the United States attorney that 
facts regarding prior convictions could not with due dili-
gence be obtained prior to trial or before entry of a plea 
of guilty, the court may postpone the trial or the taking of 
the plea of guilty for a reasonable period for the purpose 
of obtaining such facts. Clerical mistakes in the informa-
tion may be amended at any time prior to the pronounce-
ment of sentence. 
(2) An information may not be filed under this section 
if the increased punishment which may be imposed is im-
prisonment for a term in excess of three years unless the 
person either waived or was afforded prosecution by indict-
ment for the offense for which such increased punishment 
may be imposed. 
(b) AFFIRMATION
OR DENIAL
OF PREVIOUS CONVIC-
TION.—If the United States attorney files an information under 
this section, the court shall after conviction but before pro-
nouncement of sentence inquire of the person with respect to 
whom the information was filed whether he affirms or denies 
that he has been previously convicted as alleged in the informa-
tion, and shall inform him that any challenge to a prior convic-
tion which is not made before sentence is imposed may not 
thereafter be raised to attack the sentence. 
(c) DENIAL, WRITTEN RESPONSE, AND HEARING.— 
(1) If the person denies any allegation of the informa-
tion of prior conviction, or claims that any conviction al-
leged is invalid, he shall file a written response to the infor-
mation. A copy of the response shall be served upon the 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00143
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
144 
United States attorney. The court shall hold a hearing to 
determine any issues raised by the response which would 
except the person from increased punishment. The failure 
of the United States attorney to include in the information 
the complete criminal record of the person or any facts in 
addition to the convictions to be relied upon shall not con-
stitute grounds for invalidating the notice given in the in-
formation required by subsection (a)(1). The hearing shall 
be before the court without a jury and either party may in-
troduce evidence. Except as otherwise provided in para-
graph (2) of this subsection, the United States attorney 
shall have the burden of proof beyond a reasonable doubt 
on any issue of fact. At the request of either party, the 
court shall enter findings of fact and conclusions of law. 
(2) A person claiming that a conviction alleged in the 
information was obtained in violation of the Constitution of 
the United States shall set forth his claim, and the factual 
basis therefor, with particularity in his response to the in-
formation. The person shall have the burden of proof by a 
preponderance of the evidence on any issue of fact raised 
by the response. Any challenge to a prior conviction, not 
raised by response to the information before an increased 
sentence is imposed in reliance thereon, shall be waived un-
less good cause be shown for failure to make a timely chal-
lenge. 
(d) IMPOSITION OF SENTENCE.— 
(1) If the person files no response to the information, 
or if the court determines, after hearing, that the person 
is subject to increased punishment by reason of prior con-
victions, the court shall proceed to impose sentence upon 
him as provided by this part. 
(2) If the court determines that the person has not 
been convicted as alleged in the information, that a convic-
tion alleged in the information is invalid, or that the person 
is otherwise not subject to an increased sentence as a mat-
ter of law, the court shall, at the request of the United 
States attorney, postpone sentence to allow an appeal from 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00144
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
145 
that determination. If no such request is made, the court 
shall impose sentence as provided by this part. The person 
may appeal from an order postponing sentence as if sen-
tence had been pronounced and a final judgment of convic-
tion entered. 
(e) No person who is convicted of an offense under this 
chapter may challenge the validity of any prior conviction al-
leged under this section which occurred more than five years 
before the date of the information alleging such prior convic-
tion. 
§ 416. Anhydrous ammonia 
(a) It is unlawful for any person— 
(1) to steal anhydrous ammonia, or 
(2) to transport stolen anhydrous ammonia across 
State lines, 
knowing, intending, or having reasonable cause to believe that 
such anhydrous ammonia will be used to manufacture a con-
trolled substance in violation of this part. 
(b) Any person who violates subsection (a) shall be impris-
oned or fined, or both, in accordance with section 403(d) as if 
such violation were a violation of a provision of section 403. 
§ 417. Controlled substances import and export 
listed chemical offenses 
Whoever knowingly— 
(1) imports or exports a listed chemical with intent to 
manufacture a controlled substance in violation of the Con-
trolled Substances Act or the Controlled Substances Import 
and Export Act; 
(2) exports a listed chemical in violation of the laws 
of the country to which the chemical is exported or serves 
as a broker or trader for an international transaction in-
volving a listed chemical, if the transaction is in violation 
of the laws of the country to which the chemical is ex-
ported; 
(3) imports or exports a listed chemical knowing, or 
having reasonable cause to believe, that the chemical will 
be used to manufacture a controlled substance in violation 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00145
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
146 
of the Controlled Substances Act or the Controlled Sub-
stances Import or Export Act; 
(4) exports a listed chemical, or serves as a broker or 
trader for an international transaction involving a listed 
chemical, knowing, or having reasonable cause to believe, 
that the chemical will be used to manufacture a controlled 
substance in violation of the laws of the country to which 
the chemical is exported; 
(5) imports or exports a listed chemical, with the in-
tent to evade the reporting or recordkeeping requirements 
of section 1018 applicable to such importation or expor-
tation by falsely representing to the Attorney General that 
the importation or exportation qualifies for a waiver of the 
15-day notification requirement granted pursuant to sec-
tion 1018(e) (2) or (3) of the Controlled Substances Import 
and Export Act by misrepresenting the actual country of 
final destination of the listed chemical or the actual listed 
chemical being imported or exported; 
(6) imports or exports a listed chemical in violation of 
section 1007 or 1018; or 
(7) manufactures, possesses with intent to distribute, 
or distributes a listed chemical in violation of section 1009. 
shall be imprisoned not more than 20 years in the case of a 
violation of paragraph (1) or (3) involving a list I chemical or 
not more than 10 years in the case of a violation of this sub-
section other than a violation of paragraph (1) or (3) involving 
a list I chemical, or both. 
CHAPTER 19—ORGANIZED CRIME 
Subchapter 
Sec. 
A. Racketeering ...........................................................................
501 
B. Racketeer influenced and corrupt organizations ....
511 
C. Criminal street gangs ..........................................................
521 
SUBCHAPTER A—RACKETEERING 
Sec. 
501.
Interference with commerce by threats or violence. 
502.
Interstate and foreign travel or transportation in aid of racket-
eering enterprises. 
503.
Interstate transportation of wagering paraphernalia. 
504.
Offer, acceptance, or solicitation to influence operations of em-
ployee benefit plan. 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00146
Fmt 6652
Sfmt 5423
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
147 
505.
Prohibition of illegal gambling businesses. 
506.
Use of interstate commerce facilities in the commission of murder- 
for-hire. 
507.
Violent crimes in aid of racketeering activity. 
508.
Prohibition of unlicensed money transmitting businesses. 
§ 501. Interference with commerce by threats or 
violence 
(a) OFFENSE.—Whoever affects interstate or foreign com-
merce, by robbery or extortion or attempts or conspires so to 
do, or commits or threatens physical violence to any person or 
property in furtherance of a plan or purpose to do anything in 
violation of this section shall be imprisoned not more than 20 
years. 
(b) DEFINITIONS.—As used in this section— 
(1) The term ‘‘robbery’’ means the unlawful taking or 
obtaining of personal property from the person or presence 
of another, against his will, by means of actual or threat-
ened force, or violence, or fear of injury, immediate or fu-
ture, to his person or property, or property in his custody 
or possession, or the person or property of a relative or 
member of his family or of anyone in his company at the 
time of the taking or obtaining. 
(2) The term ‘‘extortion’’ means the obtaining of prop-
erty from another, with his consent, induced by wrongful 
use of actual or threatened force, violence, or fear, or under 
color of official right. 
(c) EXCLUSIONS.—This section does not repeal, modify or 
affect section 6 or 20 of the Clayton Act, the Norris-LaGuardia 
Act, the Labor Management Relations Act, 1947, or the Rail-
way Labor Act. 
§ 502. Interstate and foreign travel or transpor-
tation in aid of racketeering enterprises 
(a) ELEMENTS OF OFFENSE.— 
(1) Whoever travels in interstate or foreign commerce 
or uses the mail or any facility in interstate or foreign com-
merce, with intent to— 
(A) distribute the proceeds of any unlawful activ-
ity; 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00147
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
148 
(B) commit any crime of violence to further any 
unlawful activity; or 
(C) otherwise promote, manage, establish, carry 
on, or facilitate the promotion, management, establish-
ment, or carrying on, of any unlawful activity; 
and thereafter performs or attempts to engage in the conduct 
so intended shall be punished as provided in subsection (b). 
(b) PUNISHMENT.—The punishment for an offense under 
subsection (a)— 
(1) with respect to conduct described in subparagraph 
(A) or (C) shall be imprisoned not more than 5 years; or 
(B) with respect to conduct described in subparagraph 
(B) shall be imprisoned for not more than 20 years and if 
death results shall be imprisoned for any term of years or 
for life. 
(c) DEFINITIONS.—As used in this section the term ‘‘un-
lawful activity’’ means— 
(1) any business enterprise involving gambling, liquor 
on which the Federal excise tax has not been paid, nar-
cotics or controlled substances (as defined in section 102(6) 
of the Controlled Substances Act), or prostitution offenses 
in violation of the laws of the State in which they are com-
mitted or of the United States; 
(2) extortion, bribery, or arson in violation of the laws 
of the State in which committed or of the United States; 
or 
(3) any act which is indictable under subchapter II of 
chapter 53 of title 31, or under section 1451 or 1452. 
§ 503. Interstate transportation of wagering para-
phernalia 
(a) OFFENSE.—Whoever, except a common carrier in the 
usual course of its business, knowingly carries or sends in 
interstate or foreign commerce any device to be used— 
(1) bookmaking; 
(2) wagering pools with respect to a sporting event; or 
(3) in a numbers, policy, bolita, or similar game 
shall be imprisoned for not more than five years. 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00148
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
149 
(b) EXCLUSION.—This section does not apply to— 
(1) parimutuel betting equipment, parimutuel tickets 
where legally acquired, or parimutuel materials used or de-
signed for use at racetracks or other sporting events in 
connection with which betting is legal under applicable 
State law; 
(2) the transportation of betting materials to be used 
in the placing of bets or wagers on a sporting event into 
a State in which such betting is legal under the statutes 
of that State; 
(3) the carriage or transportation in interstate or for-
eign commerce of any newspaper or similar publication; 
(4) equipment, tickets, or materials used or designed 
for use within a State in a lottery conducted by that State 
acting under authority of State law; or 
(5) the transportation in foreign commerce to a des-
tination in a foreign country of equipment, tickets, or mate-
rials designed to be used within that foreign country in a 
lottery which is authorized by the laws of that foreign 
country. 
(c) EFFECT ON STATE PROSECUTIONS.—Nothing in this 
section creates immunity from criminal prosecution under any 
laws of a. 
(d) DEFINITIONS.— As used in this section— 
(1) the term‘‘foreign country’’ means any empire, 
country, dominion, colony, or protectorate, or any subdivi-
sion thereof (other than the United States, its territories or 
possessions); and 
(2) the term ‘‘lottery’’ means the pooling of proceeds 
derived from the sale of tickets or chances and allotting 
those proceeds or parts thereof by chance to one or more 
chance takers or ticket purchasers, but does not include the 
placing or accepting of bets or wagers on sporting events 
or contests. 
§ 504. Offer, acceptance, or solicitation to influ-
ence operations of employee benefit plan 
(a) OFFENSE.—Whoever, being— 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00149
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
150 
(1) an administrator, officer, trustee, custodian, coun-
sel, agent, or employee of any employee welfare benefit plan 
or employee pension benefit plan; 
(2) an officer, counsel, agent, or employee of an em-
ployer or an employer any of whose employees are covered 
by such plan; 
(3) an officer, counsel, agent, or employee of an em-
ployee organization any of whose members are covered by 
such plan; or 
(4) a person who, or an officer, counsel, agent, or em-
ployee of an organization which, provides benefit plan serv-
ices to such plan; 
receives or agrees to receive or solicits anything of value be-
cause of or with intent to be influenced with respect to, any 
of the actions, decisions, or other duties relating to any ques-
tion or matter concerning such plan or any person who directly 
or indirectly gives or offers, or promises to give or offer, any-
thing prohibited by this section shall be imprisoned not more 
than three years: 
(b) EXCLUSION.—This section does not prohibit the pay-
ment to or acceptance by any person of bona fide salary, com-
pensation, or other payments made for goods or facilities actu-
ally furnished or for services actually performed in the regular 
course of his duties as such person, administrator, officer, 
trustee, custodian, counsel, agent, or employee of such plan, 
employer, employee organization, or organization providing ben-
efit plan services to such plan. 
(c) DEFINITIONS.—As used in this section— 
(1) the term ‘‘any employee welfare benefit plan’’ or 
‘‘employee pension benefit plan’’ means any employee wel-
fare benefit plan or employee pension benefit plan, respec-
tively, subject to any provision of title I of the Employee 
Retirement Income Security Act of 1974; and 
(2) the term ‘‘employee organization’’ and ‘‘adminis-
trator’’ have the meanings given those terms, respectively, 
in sections 3(4) and (3)(16) of the Employee Retirement 
Income Security Act of 1974. 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00150
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
151 
§ 505. Prohibition of illegal gambling businesses 
(a) OFFENSE.—Whoever conducts, finances, manages, su-
pervises, directs, or owns all or part of an illegal gambling busi-
ness shall be fined under this title or imprisoned not more than 
five years, or both. 
(b) DEFINITIONS.—As used in this section— 
(1) the term ‘‘illegal gambling business’’ means a gam-
bling business which— 
(A) is a violation of the law of a State or political 
subdivision in which it is conducted; 
(B) involves five or more persons who conduct, fi-
nance, manage, supervise, direct, or own all or part of 
such business; and 
(C) has been or remains in substantially contin-
uous operation for a period in excess of 30 days or has 
a gross revenue of $2,000 in any single day.; 
(2) the term ‘‘gambling’’ includes pool-selling, book-
making, maintaining slot machines, roulette wheels or dice 
tables, and conducting lotteries, policy, bolita or numbers 
games, or selling chances therein. 
(c) ESTABLISHMENT OF PROBABLE CAUSE.—If five or 
more persons conduct, finance, manage, supervise, direct, or 
own all or part of a gambling business and such business oper-
ates for two or more successive days, then, for the purpose of 
obtaining warrants for arrests, interceptions, and other 
searches and seizures, probable cause that the business receives 
gross revenue in excess of $2,000 in any single day shall be 
deemed to have been established. 
(d) FORFEITURE.—Any property, including money, used 
in violation of the provisions of this section may be seized and 
forfeited to the United States. All provisions of law relating to 
the seizures, summary, and judicial forfeiture procedures, and 
condemnation of vessels, vehicles, merchandise, and baggage for 
violation of the customs laws; the disposition of such vessels, 
vehicles, merchandise, and baggage or the proceeds from such 
sale; the remission or mitigation of such forfeitures; and the 
compromise of claims and the award of compensation to in-
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00151
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
152 
formers in respect of such forfeitures shall apply to seizures 
and forfeitures incurred or alleged to have been incurred under 
the provisions of this section, insofar as applicable and not in-
consistent with such provisions. Such duties as are imposed 
upon the collector of customs or any other person in respect 
to the seizure and forfeiture of vessels, vehicles, merchandise, 
and baggage under the customs laws shall be performed with 
respect to seizures and forfeitures of property used or intended 
for use in violation of this section by such officers, agents, or 
other persons as may be designated for that purpose by the At-
torney General. 
(e) EXCLUSION.—This section does not apply to any bingo 
game, lottery, or similar game of chance conducted by an orga-
nization exempt from tax under paragraph (3) of subsection (c) 
of section 501 of the Internal Revenue Code of 1986, as 
amended, if no part of the gross receipts derived from such ac-
tivity inures to the benefits of any private shareholder, member, 
or employee of such organization except as compensation for 
actual expenses incurred by him in the conduct of such activity. 
§ 506. Use of interstate commerce facilities in the 
commission of murder-for-hire 
(a) OFFENSE.—Whoever travels in or causes another (in-
cluding the intended victim) to travel in interstate or foreign 
commerce, or uses or causes another (including the intended 
victim) to use the mail or any facility of interstate or foreign 
commerce, with intent that a murder be committed in violation 
of the laws of any State or the United States as consideration 
for the receipt of, or as consideration for a promise or agree-
ment to pay, anything of pecuniary value, or who conspires to 
do so, shall be imprisoned for not more than ten years; and if 
personal injury results, shall be imprisoned for not more than 
twenty years; and if death results, shall be punished by death 
or life imprisonment. 
(b) DEFINITION.—As used in this section and section 
507— 
(1) the term ‘‘anything of pecuniary value’’ means 
anything of value in the form of money, a negotiable in-
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00152
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
153 
strument, a commercial interest, or anything else the pri-
mary significance of which is economic advantage; and 
(2) the term ‘‘facility of interstate or foreign com-
merce’’ includes means of transportation and communica-
tion. 
§ 507. Violent crimes in aid of racketeering activ-
ity 
(a) OFFENSE.—Whoever, as consideration for the receipt 
of, or as consideration for a promise or agreement to pay, any-
thing of pecuniary value from an enterprise engaged in racket-
eering activity, or for the purpose of gaining entrance to or 
maintaining or increasing position in an enterprise engaged in 
racketeering activity, murders, kidnaps, maims, assaults with a 
dangerous weapon, commits assault resulting in serious bodily 
injury upon, or threatens to commit a crime of violence against 
any individual in violation of the laws of any State or the 
United States, or attempts or conspires so to do, shall be pun-
ished— 
(1) for murder, by death or life imprisonment; and for 
kidnapping, by imprisonment for any term of years or for 
life; 
(2) for maiming, by imprisonment for not more than 
thirty years; 
(3) for assault with a dangerous weapon or assault re-
sulting in serious bodily injury, by imprisonment for not 
more than twenty years; 
(4) for threatening to commit a crime of violence, by 
imprisonment for not more than five years; 
(5) for attempting or conspiring to commit murder or 
kidnapping, by imprisonment for not more than ten years; 
and 
(6) for attempting or conspiring to commit a crime in-
volving maiming, assault with a dangerous weapon, or as-
sault resulting in serious bodily injury, by imprisonment for 
not more than three years. 
(b) DEFINITIONS.—As used in this section— 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00153
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
154 
(1) the term ‘‘racketeering activity’’ has the meaning 
set forth in section 511; and 
(2) the term ‘‘enterprise’’ includes any partnership, 
corporation, association, or other legal entity, and any 
union or group of individuals associated in fact although 
not a legal entity, which is engaged in, or the activities of 
which affect, interstate or foreign commerce. 
§ 508. Prohibition of unlicensed money transmit-
ting businesses 
(a) OFFENSE.—Whoever knowingly conducts, controls, 
manages, supervises, directs, or owns all or part of an unli-
censed money transmitting business, shall be imprisoned not 
more than 5 years. 
(b) DEFINITION.—As used in this section— 
(1) the term ‘‘unlicensed money transmitting busi-
ness’’ means a money transmitting business which affects 
interstate or foreign commerce in any manner or degree 
and— 
(A) is operated without an appropriate money 
transmitting license in a State where such operation is 
punishable as a misdemeanor or a felony under State 
law, whether or not the defendant knew that the oper-
ation was required to be licensed or that the operation 
was so punishable; 
(B) fails to comply with the money transmitting 
business registration requirements under section 5330 
of title 31, United States Code, or regulations pre-
scribed under such section; or 
(C) otherwise involves the transportation or trans-
mission of funds that are known to the defendant to 
have been derived from a criminal offense or are in-
tended to be used to promote or support unlawful activ-
ity; and 
(2) the term ‘‘money transmitting’’ includes transfer-
ring funds on behalf of the public by any and all means 
including but not limited to transfers within this country 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00154
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
155 
or to locations abroad by wire, check, draft, facsimile, or 
courier. 
SUBCHAPTER B—RACKETEER INFLUENCED AND 
CORRUPT ORGANIZATIONS 
Sec. 
511.
Definitions. 
512.
Prohibited activities. 
513.
Criminal penalties. 
514.
Civil remedies. 
515.
Venue and process. 
516.
Expedition of actions. 
517.
Evidence. 
518.
Civil investigative demand. 
§ 511. Definitions 
As used in this subchapter— 
(1) the term ‘‘racketeering activity’’ means— 
(A) any act or threat involving murder, kidnap-
ping, gambling, arson, robbery, bribery, extortion, deal-
ing in obscene matter, or dealing in a controlled sub-
stance or listed chemical (as defined in section 102 of 
the Controlled Substances Act), which is chargeable 
under State law and punishable by imprisonment for 
more than one year; 
(B) any act which is indictable under any of the 
following provisions of title 18, United States Code: 
Section 991 (relating to bribery), section 1007 (relating 
to sports bribery), sections 692, 693, and 694 (relating 
to counterfeiting), section 647 (relating to theft from 
interstate shipment) if the act indictable under section 
647 is felonious, section 652 (relating to embezzlement 
from pension and welfare funds), sections 155, 156, 
157, 159 (relating to extortionate credit transactions), 
section 783 (relating to fraud and related activity in 
connection with identification documents), section 784 
(relating to fraud and related activity in connection 
with access devices), section 1381 (relating to the 
transmission of gambling information), section 801 (re-
lating to mail fraud), section 803 (relating to wire 
fraud), section 804 (relating to financial institution 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00155
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
156 
fraud), section 325 (relating to the procurement of citi-
zenship or nationalization unlawfully), section 316 (re-
lating to the sale of naturalization or citizenship pa-
pers), 318 (relating to bringing in or harboring certain 
aliens), 321 (relating to aiding or assisting certain 
aliens to enter the United States), (if the violation of 
section 318 or 321 was committed for financial gain) 
sections 1441–1443 (relating to obscene matter), sec-
tion 1132 (relating to obstruction of justice), section 
1135 (relating to obstruction of criminal investiga-
tions), section 1137 (relating to the obstruction of 
State or local law enforcement), section 1138 (relating 
to tampering with a witness, victim, or an informant), 
section 1139 (relating to retaliating against a witness, 
victim, or an informant), section 311 (relating to false 
statement in application and use of passport), section 
312 (relating to forgery or false use of passport), sec-
tion 313 (relating to misuse of passport), section 314 
(relating to fraud and misuse of visas, permits, and 
other documents), sections 1261–1266 (relating to pe-
onage, slavery, and trafficking in persons), section 501 
(relating to interference with commerce, robbery, or ex-
tortion), section 502 (relating to racketeering), section 
503 (relating to interstate transportation of wagering 
paraphernalia), section 504 (relating to unlawful wel-
fare fund payments), section 505 (relating to the prohi-
bition of illegal gambling businesses), section 1451 (re-
lating to the laundering of monetary instruments), sec-
tion 1452 (relating to engaging in monetary trans-
actions in property derived from specified unlawful ac-
tivity), section 506 (relating to use of interstate com-
merce facilities in the commission of murder-for-hire), 
sections 221, 222, and 223 (relating to sexual exploi-
tation of children), sections 671 and 672 (relating to 
interstate transportation of stolen motor vehicles), sec-
tions 674 and 675 (relating to interstate transportation 
of stolen property), section 676 (relating to trafficking 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00156
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
157 
in counterfeit labels for phonorecords, computer pro-
grams or computer program documentation or pack-
aging and copies of motion pictures or other audio-
visual works), section 678 (relating to criminal in-
fringement of a copyright), section 679 (relating to un-
authorized fixation of and trafficking in sound record-
ings and music videos of live musical performances), 
section 680 (relating to trafficking in goods or services 
bearing counterfeit marks), section 682 (relating to 
trafficking in certain motor vehicles or motor vehicle 
parts), sections 1411–1415 (relating to trafficking in 
contraband cigarettes), sections 211–214 (relating to 
white slave traffic), sections 621–627 (relating to bio-
logical weapons), sections 363 (relating to chemical 
weapons), section 601 (relating to nuclear materials); 
(C) any act which is indictable under section 302 
of the Labor Management Relations Act, 1947, section 
186 (dealing with restrictions on payments and loans 
to labor organizations) or section 501(c) (relating to 
embezzlement from union funds); 
(D) any offense involving fraud connected with a 
case under title 11 (except a case under section 875 of 
this title), fraud in the sale of securities, or the felo-
nious manufacture, importation, receiving, concealment, 
buying, selling, or otherwise dealing in a controlled sub-
stance or listed chemical (as defined in section 102 of 
the Controlled Substances Act), punishable under any 
law of the United States; 
(E) any act which is indictable under the Currency 
and Foreign Transactions Reporting Act; 
(F) any act which is indictable under section 278 
of the Immigration and Nationality Act, if the act in-
dictable under such section of such Act was committed 
for the purpose of financial gain; or 
(G) any act that is indictable under any provision 
listed in section 274(g)(5)(B); 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00157
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
158 
(2) the term ‘‘person’’ includes any individual or entity 
capable of holding a legal or beneficial interest in property; 
(3) the term ‘‘enterprise’’ includes any individual, 
partnership, corporation, association, or other legal entity, 
and any union or group of individuals associated in fact al-
though not a legal entity; 
(4) the term ‘‘pattern of racketeering activity’’ re-
quires at least two acts of racketeering activity, one of 
which occurred after October 15, 1970 and the last of 
which occurred within ten years (excluding any period of 
imprisonment) after the commission of a prior act of rack-
eteering activity; 
(6) the term ‘‘unlawful debt’’ means a debt— 
(A) incurred or contracted in gambling activity 
which was in violation of the law of the United States, 
a State or political subdivision thereof, or which is un-
enforceable under State or Federal law in whole or in 
part as to principal or interest because of the laws re-
lating to usury; and 
(B) which was incurred in connection with the 
business of gambling in violation of the law of the 
United States, a State or political subdivision thereof, 
or the business of lending money or a thing of value 
at a rate usurious under State or Federal law, where 
the usurious rate is at least twice the enforceable rate; 
(7) the term ‘‘racketeering investigator’’ means any 
attorney or investigator so designated by the Attorney Gen-
eral and charged with the duty of enforcing or carrying 
into effect this chapter; 
(8) the term ‘‘racketeering investigation’’ means any 
inquiry conducted by any racketeering investigator for the 
purpose of ascertaining whether any person has been in-
volved in any violation of this subchapter or of any final 
order, judgment, or decree of any court of the United 
States, duly entered in any case or proceeding arising 
under this subchapter; 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00158
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
159 
(9) the term ‘‘documentary material’’ includes any 
book, paper, document, record, recording, or other material; 
and 
(10) the term ‘‘Attorney General’’ includes the Attor-
ney General of the United States, the Deputy Attorney 
General of the United States, the Associate Attorney Gen-
eral of the United States, any Assistant Attorney General 
of the United States, or any employee of the Department 
of Justice or any employee of any department or agency of 
the United States so designated by the Attorney General to 
carry out the powers conferred on the Attorney General by 
this chapter, and any department or agency so designated 
may use in investigations authorized by this subchapter ei-
ther the investigative provisions of this subchapter or the 
investigative power of such department or agency otherwise 
conferred by law. 
§ 512. Prohibited activities 
(a) USING OR INVESTING PROCEEDS.—It shall be unlaw-
ful for any person who has received any income derived, di-
rectly or indirectly, from a pattern of racketeering activity or 
through collection of an unlawful debt in which such person has 
participated as a principal within the meaning of section 2, title 
18, United States Code, to use or invest, directly or indirectly, 
any part of such income, or the proceeds of such income, in 
acquisition of any interest in, or the establishment or operation 
of, any enterprise which is engaged in, or the activities of which 
affect, interstate or foreign commerce. A purchase of securities 
on the open market for purposes of investment, and without 
the intention of controlling or participating in the control of the 
issuer, or of assisting another to do so, shall not be unlawful 
under this subsection if the securities of the issuer held by the 
purchaser, the members of his immediate family, and his or 
their accomplices in any pattern or racketeering activity or the 
collection of an unlawful debt after such purchase do not 
amount in the aggregate to one percent of the outstanding se-
curities of any one class, and do not confer, either in law or 
in fact, the power to elect one or more directors of the issuer. 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00159
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
160 
(b) MAINTAINING INTEREST OR CONTROL.—It shall be 
unlawful for any person through a pattern of racketeering ac-
tivity or through collection of an unlawful debt to acquire or 
maintain, directly or indirectly, any interest in or control of any 
enterprise which is engaged in, or the activities of which affect, 
interstate or foreign commerce. 
(c) CONDUCTING AFFAIRS.—It shall be unlawful for any 
person employed by or associated with any enterprise engaged 
in, or the activities of which affect, interstate or foreign com-
merce, to conduct or participate, directly or indirectly, in the 
conduct of such enterprise’s affairs through a pattern of rack-
eteering activity or collection of unlawful debt. 
(d) CONSPIRACIES.—It shall be unlawful for any person to 
conspire to violate subsection (a), (b), or (c). 
§ 513. Criminal penalties 
Whoever violates section 512 shall be imprisoned not more 
than 20 years (or for life if the violation is based on a racket-
eering activity for which the maximum penalty includes life im-
prisonment). 
§ 514. Civil remedies 
(a) PREVENTION AND RESTRAINT OF VIOLATIONS.—The 
district courts of the United States shall have jurisdiction to 
prevent and restrain violations of section 512 by issuing appro-
priate orders, including— 
(1) ordering any person to divest any interest in any 
enterprise; and 
(2) imposing reasonable restrictions on the future ac-
tivities or investments of any person, including— 
(A) prohibiting that person from engaging in the 
same type of endeavor as the enterprise engaged in, the 
activities of which affect interstate or foreign com-
merce; or 
(B) ordering dissolution or reorganization of any 
enterprise, making due provision for the rights of inno-
cent persons. 
(b) PRELIMINARY MATTERS.—The Attorney General may 
institute proceedings under this section. Pending final deter-
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00160
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
161 
mination thereof, the court may at any time enter such re-
straining orders or prohibitions, or take such other actions, in-
cluding the acceptance of satisfactory performance bonds, as it 
shall deem proper. 
(c) PRIVATE RIGHT OF ACTION.—Any person injured in 
his business or property by reason of a violation of section 512 
may sue therefor in any appropriate United States district 
court and shall recover threefold the damages he sustains and 
the cost of the suit, including a reasonable attorney’s fee, ex-
cept that no person may rely upon any conduct that would have 
been actionable as fraud in the purchase or sale of securities 
to establish a violation of section 512. The exception contained 
in the preceding sentence does not apply to an action against 
any person that is criminally convicted in connection with the 
fraud, in which case the statute of limitations shall start to run 
on the date on which the conviction becomes final. 
(d) ESTOPPEL.—A final judgment or decree rendered in 
favor of the United States in any criminal proceeding brought 
by the United States under this chapter shall estop the defend-
ant from denying the essential allegations of the criminal of-
fense in any subsequent civil proceeding brought by the United 
States. 
§ 515. Venue and process 
(a) VENUE.—Any civil action or proceeding under this 
subchapter may be instituted in the district court of the United 
States for any district in which such person resides, is found, 
has an agent, or transacts his affairs. 
(b) SUMMONS.—In any action under section 514 in any 
district court of the United States in which it is shown that 
the ends of justice require that other parties residing in any 
other district be brought before the court, the court may cause 
such parties to be summoned, and process for that purpose 
may be served in any judicial district of the United States by 
the marshal thereof. 
(c) SUBPOENAS.—In any civil or criminal action or pro-
ceeding instituted by the United States under this subchapter 
in the district court of the United States for any judicial dis-
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00161
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
162 
trict, subpoenas issued by such court to compel the attendance 
of witnesses may be served in any other judicial district, except 
that in any civil action or proceeding no such subpena shall be 
issued for service upon any individual who resides in another 
district at a place more than one hundred miles from the place 
at which such court is held without approval given by a judge 
of such court upon a showing of good cause. 
(d) OTHER PROCESS.—All other process in any action or 
proceeding under this subchapter may be served on any person 
in any judicial district in which such person resides, is found, 
has an agent, or transacts affairs. 
§ 516. Expedition of actions 
In any civil action instituted under this subchapter by the 
United States in any district court of the United States, the 
Attorney General may file with the clerk of such court a certifi-
cate stating that in the Attorney General’s opinion the case is 
of general public importance. A copy of that certificate shall be 
furnished immediately by such clerk to the chief judge or, in 
the absence of the chief judge, to the presiding district judge 
of the district in which such action is pending. Upon receipt 
of such copy, such judge shall designate immediately a judge 
of that district to hear and determine the action. 
§ 517. Evidence 
In any proceeding ancillary to or in any civil action insti-
tuted by the United States under this subchapter the pro-
ceedings may be open or closed to the public at the discretion 
of the court after consideration of the rights of affected per-
sons. 
§ 518. Civil investigative demand 
(a) ISSUANCE.—If the Attorney General has reason to be-
lieve that any person or enterprise may be in possession, cus-
tody, or control of any documentary materials relevant to a 
racketeering investigation, the Attorney General may, before 
the institution of a civil or criminal proceeding thereon, issue 
in writing, and cause to be served upon such person, a civil in-
vestigative demand requiring such person to produce such ma-
terial for examination. 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00162
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
163 
(b) CONTENTS.—Each such demand shall— 
(1) state the nature of the conduct constituting the al-
leged racketeering violation which is under investigation 
and the provision of law applicable thereto; 
(2) describe the class or classes of documentary mate-
rial produced thereunder with such definiteness and cer-
tainty as to permit such material to be fairly identified; 
(3) state that the demand is returnable forthwith or 
prescribe a return date which will provide a reasonable pe-
riod of time within which the material so demanded may 
be assembled and made available for inspection and copying 
or reproduction; and 
(4) identify the custodian to whom such material shall 
be made available. 
(c) LIMITATION.—No such demand shall— 
(1) contain any requirement which would be held to be 
unreasonable if contained in a subpena duces tecum issued 
by a court of the United States in aid of a grand jury in-
vestigation of such alleged racketeering violation; or 
(2) require the production of any documentary evi-
dence which would be privileged from disclosure if de-
manded by a subpena duces tecum issued by a court of the 
United States in aid of a grand jury investigation of such 
alleged racketeering violation. 
(d) SERVICE.—Service of any such demand or any petition 
filed under this section may be made upon a person by— 
(1) delivering a duly executed copy thereof to any 
partner, executive officer, managing agent, or general agent 
thereof, or to any agent thereof authorized by appointment 
or by law to receive service of process on behalf of such 
person, or upon any individual person; 
(2) delivering a duly executed copy thereof to the prin-
cipal office or place of business of the person to be served; 
or 
(3) depositing such copy in the United States mail, by 
registered or certified mail duly addressed to such person 
at its principal office or place of business. 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00163
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
164 
(e) RETURN.—A verified return by the individual serving 
any such demand or petition setting forth the manner of such 
service shall be prima facie proof of such service. In the case 
of service by registered or certified mail, such return shall be 
accompanied by the return post office receipt of delivery of 
such demand. 
(f) DOCUMENT CUSTODIAN.— 
(1) The Attorney General shall designate a racket-
eering investigator to serve as racketeer document custo-
dian, and such additional racketeering investigators as the 
Attorney General shall determine from time to time to be 
necessary to serve as deputies to such officer. 
(2) Any person upon whom any demand issued under 
this section has been duly served shall make such material 
available for inspection and copying or reproduction to the 
custodian designated therein at the principal place of busi-
ness of such person, or at such other place as such custo-
dian and such person thereafter may agree and prescribe 
in writing or as the court may direct, pursuant to this sec-
tion on the return date specified in such demand, or on 
such later date as such custodian may prescribe in writing. 
Such person may upon written agreement between such 
person and the custodian substitute for copies of all or any 
part of such material originals thereof. 
(3) The custodian to whom any documentary material 
is so delivered shall take physical possession thereof, and 
shall be responsible for the use made thereof and for the 
return thereof pursuant to this chapter. The custodian may 
cause the preparation of such copies of such documentary 
material as may be required for official use under regula-
tions which shall be promulgated by the Attorney General. 
While in the possession of the custodian, no material so 
produced shall be available for examination, without the 
consent of the person who produced such material, by any 
individual other than the Attorney General. Under such 
reasonable terms and conditions as the Attorney General 
shall prescribe, documentary material while in the posses-
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00164
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
165 
sion of the custodian shall be available for examination by 
the person who produced such material or any duly author-
ized representatives of such person. 
(4) Whenever any attorney has been designated to ap-
pear on behalf of the United States before any court or 
grand jury in any case or proceeding involving any alleged 
violation of this chapter, the custodian may deliver to such 
attorney such documentary material in the possession of 
the custodian as such attorney determines to be required 
for use in the presentation of such case or proceeding on 
behalf of the United States. Upon the conclusion of any 
such case or proceeding, such attorney shall return to the 
custodian any documentary material so withdrawn which 
has not passed into the control of such court or grand jury 
through the introduction thereof into the record of such 
case or proceeding. 
(5) Upon the completion of— 
(A) the racketeering investigation for which any 
documentary material was produced under this sub-
chapter, and 
(B) any case or proceeding arising from such in-
vestigation, 
the custodian shall return to the person who produced such 
material all such material other than copies thereof made 
by the Attorney General pursuant to this subsection which 
has not passed into the control of any court or grand jury 
through the introduction thereof into the record of such 
case or proceeding. 
(6) When any documentary material has been pro-
duced by any person under this section for use in any rack-
eteering investigation, and no such case or proceeding aris-
ing therefrom has been instituted within a reasonable time 
after completion of the examination and analysis of all evi-
dence assembled in the course of such investigation, such 
person shall be entitled, upon written demand made upon 
the Attorney General, to the return of all documentary ma-
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00165
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
166 
terial other than copies thereof made pursuant to this sub-
section so produced by such person. 
(7) In the event of the death, disability, or separation 
from service of the custodian of any documentary material 
produced under any demand issued under this section or 
the official relief of such custodian from responsibility for 
the custody and control of such material, the Attorney Gen-
eral shall promptly— 
(A) designate another racketeering investigator to 
serve as custodian thereof, and 
(B) transmit notice in writing to the person who 
produced such material as to the identity and address 
of the successor so designated. 
Any successor so designated shall have with regard to such 
materials all duties and responsibilities imposed by this sec-
tion upon the predecessor custodian with regard thereto, 
except that he shall not be held responsible for any default 
or dereliction which occurred before the successor’s des-
ignation as custodian. 
(g) ENFORCEMENT PETITION.—Whenever any person fails 
to comply with any civil investigative demand duly served upon 
him under this section or whenever satisfactory copying or re-
production of any such material cannot be done and such per-
son refuses to surrender such material, the Attorney General 
may file, in the district court of the United States for any judi-
cial district in which such person resides, is found, or transacts 
business, and serve upon such person a petition for an order 
of such court for the enforcement of this section, except that 
if such person transacts business in more than one such district 
such petition shall be filed in the district in which such person 
maintains his principal place of business, or in such other dis-
trict in which such person transacts business as may be agreed 
upon by the parties to such petition. 
(h) MODIFICATION OR SETTING ASIDE.—Within 20 days 
after the service of any such demand upon any person, or at 
any time before the return date specified in the demand, which-
ever period is shorter, such person may file, in the district 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00166
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
167 
court of the United States for the judicial district within which 
such person resides, is found, or transacts business, and serve 
upon such custodian a petition for an order of such court modi-
fying or setting aside such demand. The time allowed for com-
pliance with the demand in whole or in part as deemed proper 
and ordered by the court shall not run during the pendency of 
such petition in the court. Such petition shall specify each 
ground upon which the petitioner relies in seeking such relief, 
and may be based upon any failure of such demand to comply 
with the provisions of this section or upon any constitutional 
or other legal right or privilege of such person. 
(i) ORDERING CUSTODIAN TO PERFORM DUTY.—At any 
time during which any custodian is in custody or control of any 
documentary material delivered by any person in compliance 
with any such demand, such person may file, in the district 
court of the United States for the judicial district within which 
the office of such custodian is situated, and serve upon such 
custodian a petition for an order of such court requiring the 
performance by such custodian of any duty imposed upon him 
by this section. 
(j) JURISDICTION.—Whenever any petition is filed in any 
district court of the United States under this section, such 
court shall have jurisdiction to hear and determine the matter 
so presented, and to enter such order or orders as may be re-
quired to carry into effect the provisions of this section. 
SUBCHAPTER C—CRIMINAL STREET GANGS 
Sec. 
521.
Criminal street gangs. 
§ 521. Criminal street gangs 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘conviction’’ includes a finding, under 
State or Federal law, that a person has committed an act 
of juvenile delinquency involving a violent or controlled sub-
stances felony; and 
(2) the term ‘‘criminal street gang’’ means an ongoing 
group, club, organization, or association of 5 or more per-
sons— 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00167
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
168 
(A) that has as 1 of its primary purposes the com-
mission of 1 or more of the criminal offenses described 
in subsection (c); 
(B) the members of which engage, or have en-
gaged within the past 5 years, in a continuing series 
of offenses described in subsection (c); and 
(C) the activities of which affect interstate or for-
eign commerce. 
(b) PENALTY.—The sentence of a person convicted of an 
offense described in subsection (c) shall be increased by not 
more than 10 years if the offense is committed under the cir-
cumstances described in subsection (d). 
(c) OFFENSES.—The offenses described in this section 
are— 
(1) a Federal felony involving a controlled substance 
(as defined in section 102 of the Controlled Substances Act 
(21 U.S.C. 802)) for which the maximum penalty is not 
less than 5 years; 
(2) a Federal felony crime of violence that has as an 
element the use or attempted use of physical force against 
the person of another; and 
(3) a conspiracy to commit an offense described in 
paragraph (1) or (2). 
(d) CIRCUMSTANCES.—The circumstances described in 
this section are that the offense described in subsection (c) was 
committed by a person who— 
(1) participates in a criminal street gang with knowl-
edge that its members engage in or have engaged in a con-
tinuing series of offenses described in subsection (c); 
(2) intends to promote or further the felonious activi-
ties of the criminal street gang or maintain or increase his 
or her position in the gang; and 
(3) has been convicted within the past 5 years for— 
(A) an offense described in subsection (c); 
(B) a State offense— 
(i) involving a controlled substance (as defined 
in section 102 of the Controlled Substances Act (21 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00168
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
169 
U.S.C. 802)) for which the maximum penalty is not 
less than 5 years’ imprisonment; or 
(ii) that is a felony crime of violence that has 
as an element the use or attempted use of physical 
force against the person of another; 
(C) any Federal or State felony offense that by its 
nature involves a substantial risk that physical force 
against the person of another may be used in the 
course of committing the offense; or 
(D) a conspiracy to commit an offense described 
in subparagraph (A), (B), or (C). 
CHAPTER 21—ARSON, FIREARMS, EXPLOSIVES, 
AND WEAPONS CRIMES 
Subchapter 
Sec. 
A. Arson ..........................................................................................
571 
B. Firearms ...................................................................................
581 
C. Explosives ................................................................................
601 
D. Importation, Manufacture, Distribution and Stor-
age of Explosive Materials ...................................
611 
E. Biological Weapons ...............................................................
621 
F. Chemical Weapons ................................................................
631 
SUBCHAPTER A—ARSON 
Sec. 
571.
Arson within special maritime and territorial jurisdiction. 
§ 571. Arson within special maritime and terri-
torial jurisdiction 
Whoever, within the special maritime and territorial juris-
diction of the United States, willfully and maliciously sets fire 
to or burns any building, structure or vessel, any machinery or 
building materials or supplies, military or naval stores, muni-
tions of war, or any structural aids or appliances for navigation 
or shipping, or attempts or conspires to do such an act, shall 
be imprisoned for not more than 25 years. If the building is 
a dwelling or if the life of any person is placed in jeopardy, the 
offender shall be imprisoned for any term of years or for life. 
SUBCHAPTER B—FIREARMS 
Sec. 
581.
Definitions. 
582.
Unlawful acts. 
583.
Licensing. 
584.
Penalties. 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00169
Fmt 6652
Sfmt 5423
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
170 
585.
Exceptions: Relief from disabilities. 
586.
Remedy for erroneous denial of firearm. 
587.
Rules and regulations. 
588.
Interstate transportation of firearms. 
589.
Carrying of concealed firearms by qualified law enforcement offi-
cers. 
590.
Carrying of concealed firearms by qualified retired law enforcement 
officers. 
591.
Effect on State law. 
592.
Use of restricted ammunition. 
593.
Possession of firearms and dangerous weapons in Federal facilities. 
594.
Prohibition on purchase, ownership, or possession of body armor 
by violent felons. 
§ 581. Definitions 
For the purposes of this subchapter.— 
(1) The term ‘‘firearm’’ means (A) any weapon (in-
cluding a starter gun) which will or is designed to or may 
readily be converted to expel a projectile by the action of 
an explosive; (B) the frame or receiver of any such weapon; 
(C) any firearm muffler or firearm silencer; or (D) any de-
structive device. Such term does not include an antique 
firearm. 
(2) The term ‘‘destructive device’’ means— 
(A) any explosive, incendiary, or poison gas— 
(i) bomb, 
(ii) grenade, 
(iii) rocket having a propellant charge of more 
than four ounces, 
(iv) missile having an explosive or incendiary 
charge of more than one-quarter ounce, 
(v) mine, or 
(vi) device similar to any of the devices de-
scribed in the preceding clauses; 
(B) any type of weapon (other than a shotgun or 
a shotgun shell which the Attorney General finds is 
generally recognized as particularly suitable for sport-
ing purposes) by whatever name known which will, or 
which may be readily converted to, expel a projectile by 
the action of an explosive or other propellant, and 
which has any barrel with a bore of more than one-half 
inch in diameter; and 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00170
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
171 
(C) any combination of parts either designed or in-
tended for use in converting any device into any de-
structive device described in subparagraph (A) or (B) 
and from which a destructive device may be readily as-
sembled. 
Such term does not include any device which is neither de-
signed nor redesigned for use as a weapon; any device, al-
though originally designed for use as a weapon, which is re-
designed for use as a signaling, pyrotechnic, line throwing, 
safety, or similar device; surplus ordnance sold, loaned, or 
given by the Secretary of the Army pursuant to the provi-
sions of section 4684(2), 4685, or 4686 of title 10; or any 
other device which the Attorney General finds is not likely 
to be used as a weapon, is an antique, or is a rifle which 
the owner intends to use solely for sporting, recreational or 
cultural purposes. 
(3) The term ‘‘shotgun’’ means a weapon designed or 
redesigned, made or remade, and intended to be fired from 
the shoulder and designed or redesigned and made or re-
made to use the energy of an explosive to fire through a 
smooth bore either a number of ball shot or a single projec-
tile for each single pull of the trigger. 
(4) The term ‘‘short-barreled shotgun’’ means a shot-
gun having one or more barrels less than eighteen inches 
in length and any weapon made from a shotgun (whether 
by alteration, modification or otherwise) if such a weapon 
as modified has an overall length of less than twenty-six 
inches. 
(5) The term ‘‘rifle’’ means a weapon designed or re-
designed, made or remade, and intended to be fired from 
the shoulder and designed or redesigned and made or re-
made to use the energy of an explosive to fire only a single 
projectile through a rifled bore for each single pull of the 
trigger. 
(6) The term ‘‘short-barreled rifle’’ means a rifle hav-
ing one or more barrels less than sixteen inches in length 
and any weapon made from a rifle (whether by alteration, 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00171
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
172 
modification, or otherwise) if such weapon, as modified, has 
an overall length of less than twenty-six inches. 
(7) The term ‘‘importer’’ means any person engaged 
in the business of importing or bringing firearms or ammu-
nition into the United States for purposes of sale or dis-
tribution; and the term ‘‘licensed importer’’ means any 
such person licensed under the provisions of this chapter. 
(8) The term ‘‘manufacturer’’ means any person en-
gaged in the business of manufacturing firearms or ammu-
nition for purposes of sale or distribution; and the term ‘‘li-
censed manufacturer’’ means any such person licensed 
under the provisions of this chapter. 
(9) The term ‘‘dealer’’ means (A) any person engaged 
in the business of selling firearms at wholesale or retail, 
(B) any person engaged in the business of repairing fire-
arms or of making or fitting special barrels, stocks, or trig-
ger mechanisms to firearms, or (C) any person who is a 
pawnbroker. The term ‘‘licensed dealer’’ means any dealer 
who is licensed under the provisions of this chapter. 
(10) The term ‘‘pawnbroker’’ means any person whose 
business or occupation includes the taking or receiving, by 
way of pledge or pawn, of any firearm as security for the 
payment or repayment of money. 
(11) The term ‘‘collector’’ means any person who ac-
quires, holds, or disposes of firearms as curios or relics, as 
the Attorney General shall by regulation define, and the 
term ‘‘licensed collector’’ means any such person licensed 
under the provisions of this chapter. 
(12) The term ‘‘indictment’’ includes an indictment or 
information in any court under which a crime punishable 
by imprisonment for a term exceeding one year may be 
prosecuted. 
(13) The term ‘‘fugitive from justice’’ means any per-
son who has fled from any State to avoid prosecution for 
a crime or to avoid giving testimony in any criminal pro-
ceeding. 
(14) The term ‘‘antique firearm’’ means— 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00172
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
173 
(A) any firearm (including any firearm with a 
matchlock, flintlock, percussion cap, or similar type of 
ignition system) manufactured in or before 1898; or 
(B) any replica of any firearm described in sub-
paragraph (A) if such replica— 
(i) is not designed or redesigned for using rim-
fire or conventional centerfire fixed ammunition, or 
(ii) uses rimfire or conventional centerfire 
fixed ammunition which is no longer manufactured 
in the United States and which is not readily avail-
able in the ordinary channels of commercial trade; 
or 
(C) any muzzle loading rifle, muzzle loading shot-
gun, or muzzle loading pistol, which is designed to use 
black powder, or a black powder substitute, and which 
cannot use fixed ammunition. For purposes of this sub-
paragraph, the term ‘‘antique firearm’’ shall not in-
clude any weapon which incorporates a firearm frame 
or receiver, any firearm which is converted into a muz-
zle loading weapon, or any muzzle loading weapon 
which can be readily converted to fire fixed ammunition 
by replacing the barrel, bolt, breechblock, or any com-
bination thereof. 
(15)(A) The term ‘‘ammunition’’ means ammunition 
or cartridge cases, primers, bullets, or propellent powder 
designed for use in any firearm. 
(B) The term ‘‘armor piercing ammunition’’ means— 
(i) a projectile or projectile core which may be 
used in a handgun and which is constructed entirely 
(excluding the presence of traces of other substances) 
from one or a combination of tungsten alloys, steel, 
iron, brass, bronze, beryllium copper, or depleted ura-
nium; or 
(ii) a full jacketed projectile larger than .22 caliber 
designed and intended for use in a handgun and whose 
jacket has a weight of more than 25 percent of the 
total weight of the projectile. 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00173
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
174 
(C) The term ‘‘armor piercing ammunition’’ does not 
include shotgun shot required by Federal or State environ-
mental or game regulations for hunting purposes, a fran-
gible projectile designed for target shooting, a projectile 
which the Attorney General finds is primarily intended to 
be used for sporting purposes, or any other projectile or 
projectile core which the Attorney General finds is intended 
to be used for industrial purposes, including a charge used 
in an oil and gas well perforating device. 
(16) The term ‘‘published ordinance’’ means a pub-
lished law of any political subdivision of a State which the 
Attorney General determines to be relevant to the enforce-
ment of this chapter and which is contained on a list com-
piled by the Attorney General, which list shall be published 
in the Federal Register, revised annually, and furnished to 
each licensee under this chapter. 
(17) The term ‘‘crime punishable by imprisonment for 
a term exceeding one year’’ does not include— 
(A) any Federal or State offenses pertaining to 
antitrust violations, unfair trade practices, restraints of 
trade, or other similar offenses relating to the regula-
tion of business practices, or 
(B) any State offense classified by the laws of the 
State as a misdemeanor and punishable by a term of 
imprisonment of two years or less. 
What constitutes a conviction of such a crime shall be deter-
mined in accordance with the law of the jurisdiction in which 
the proceedings were held. Any conviction which has been ex-
punged, or set aside or for which a person has been pardoned 
or has had civil rights restored shall not be considered a convic-
tion for purposes of this chapter, unless such pardon, 
expungement, or restoration of civil rights expressly provides 
that the person may not ship, transport, possess, or receive 
firearms. 
(18) The term ‘‘engaged in the business’’ means— 
(A) as applied to a manufacturer of firearms, a 
person who devotes time, attention, and labor to manu-
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00174
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
175 
facturing firearms as a regular course of trade or busi-
ness with the principal objective of livelihood and profit 
through the sale or distribution of the firearms manu-
factured; 
(B) as applied to a manufacturer of ammunition, 
a person who devotes time, attention, and labor to 
manufacturing ammunition as a regular course of trade 
or business with the principal objective of livelihood 
and profit through the sale or distribution of the am-
munition manufactured; 
(C) as applied to a dealer in firearms, as defined 
in section 921(a)(11)(A), a person who devotes time, 
attention, and labor to dealing in firearms as a regular 
course of trade or business with the principal objective 
of livelihood and profit through the repetitive purchase 
and resale of firearms, but such term shall not include 
a person who makes occasional sales, exchanges, or 
purchases of firearms for the enhancement of a per-
sonal collection or for a hobby, or who sells all or part 
of his personal collection of firearms; 
(D) as applied to a dealer in firearms, as defined 
in section 921(a)(11)(B), a person who devotes time, 
attention, and labor to engaging in such activity as a 
regular course of trade or business with the principal 
objective of livelihood and profit, but such term shall 
not include a person who makes occasional repairs of 
firearms, or who occasionally fits special barrels, 
stocks, or trigger mechanisms to firearms; 
(E) as applied to an importer of firearms, a per-
son who devotes time, attention, and labor to importing 
firearms as a regular course of trade or business with 
the principal objective of livelihood and profit through 
the sale or distribution of the firearms imported; and 
(19) The term ‘‘with the principal objective of liveli-
hood and profit’’ means that the intent underlying the sale 
or disposition of firearms is predominantly one of obtaining 
livelihood and pecuniary gain, as opposed to other intents, 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00175
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS