‘‘(B) such notice or advertisement is transported in or 
affecting interstate or foreign commerce. 
‘‘(e) PUNISHMENT.—Whoever violates this section shall be 
imprisoned not less than 15 years nor more than 30 years, but 
if such person has one prior conviction under this subchapter, 
subchapter F of chapter 35, or under section 920 of title 10 
(article 120 of the Uniform Code of Military Justice), or under 
the laws of any State relating to the sexual exploitation of chil-
dren, such person shall be imprisoned for not less than 25 
years nor more than 50 years, but if such person has 2 or more 
such prior convictions, such person shall be imprisoned not less 
than 35 years nor more than life. Whoever, in the course of 
an offense under this section, engages in conduct that results 
in the death of a person, shall be punished by death or impris-
oned for any term of years or for life. 
‘‘§ 222. Selling or buying of children 
‘‘(a) TRANSFER OF CUSTODY.—Whoever, as made applicable 
by subsection (d) and with a mental state described in sub-
section (c) having custody or control of a child, transfers that 
custody or control, or offers to do so, shall be punished by im-
prisonment for not less than 30 years or for life. 
‘‘(b) OBTAINING CUSTODY.—Whoever, as made applicable by 
subsection (d) and with a mental state described in subsection 
(c), obtains custody or control of a child, or offers to do so, 
shall be punished by imprisonment for not less than 30 years 
or for life. 
‘‘(c) MENTAL STATE.—The mental state referred to in sub-
sections (a) and (b) is— 
‘‘(1) knowledge that, as a consequence of the transfer of 
custody, the child will be portrayed in a visual depiction en-
gaging in, or assisting another person to engage in, sexu-
ally explicit conduct; or 
‘‘(2) intent to promote either— 
‘‘(A) the engaging in of sexually explicit conduct by 
such child for the purpose of producing any visual de-
piction of such conduct; or 
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‘‘(B) the rendering of assistance by the child to any 
other person to engage in sexually explicit conduct for 
the purpose of producing any visual depiction of such 
conduct. 
‘‘(d) FEDERAL NEXUS.—Conduct described in subsection (a) 
and (b) is an offense if— 
‘‘(1) in the course of the conduct the child or the person 
engaging in the conduct travel in interstate or foreign com-
merce; 
‘‘(2) any offer described in such subsections was commu-
nicated or transported in or affecting interstate or foreign 
commerce; or 
‘‘(3) the conduct took place in any territory or possession 
of the United States. 
‘‘§ 223. Certain activities relating to material in-
volving the sexual exploitation of children 
and child pornography 
‘‘(a) OFFENSE.—Whoever, as made applicable by subsection 
(b)— 
‘‘(1) knowingly— 
‘‘(A) transports an exploitative visual depiction or 
child pornography; 
‘‘(B) receives, or distributes, any exploitative visual 
depiction or child pornography; or 
‘‘(C) reproduces any exploitative visual depiction or 
child pornography for distribution; 
‘‘(2) knowingly— 
‘‘(A) sells or possesses with intent to sell any exploit-
ative visual depiction or child pornography; or 
‘‘(B) knowingly possesses an exploitative visual de-
piction or child pornography; 
‘‘(3) advertises, promotes, presents, distributes, or solic-
its any material or purported material in a manner that re-
flects the belief, or that is intended to cause another to be-
lieve, that the material or purported material contains an 
exploitative visual depiction or child pornography; 
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‘‘(4) knowingly produces with intent to distribute, or dis-
tributes, by any means, including a computer, child pornog-
raphy that is an adapted or modified deciction of an identi-
fiable minor; 
shall be punished as provided in subsection (c). 
‘‘(b) APPLICABILITY.—Subsection (a) applies if— 
‘‘(1) the conduct occurs in the special maritime and ter-
ritorial jurisdiction of the United States, or in the Indian 
country as defined in section 871 of this title; 
‘‘(2) the conduct is in or affects interstate or foreign 
commerce; or 
‘‘(3) the exploitative visual depiction or child pornog-
raphy is transported in or affecting interstate or foreign 
commerce, or was produced using materials which have 
been so transported. 
‘‘(c) PUNISHMENT.—The punishment for a violation of this 
section is as follows: 
‘‘(1) Whoever violates paragraph (1) or (2)(A) of sub-
section (a) shall be imprisoned not less than 5 years and 
not more than 20 years, but if such person has a prior con-
viction under this chapter, subchapter F of chapter 35, or 
under section 920 of title 10 (article 120 of the Uniform 
Code of Military Justice), or under the laws of any State 
relating to aggravated sexual abuse, sexual abuse, or abu-
sive sexual conduct involving a child or ward, or the pro-
duction, possession, receipt, mailing, sale, distribution, 
shipment, or transportation of child pornography, such per-
son shall be imprisoned for not less than 15 years nor more 
than 40 years. 
‘‘(2) Whoever violates paragraph (2)(B) of subsection (a) 
shall be imprisoned not more than 10 years, but if such 
person has a prior conviction under this subchapter, sub-
chapter F of chapter 35, or under section 920 of title 10 
(article 120 of the Uniform Code of Military Justice), or 
under the laws of any State relating to aggravated sexual 
abuse, sexual abuse, or abusive sexual conduct involving a 
child or ward, or the production, possession, receipt, mail-
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ing, sale, distribution, shipment, or transportation of child 
pornography, such person shall be imprisoned for not less 
than 10 years nor more than 20 years. 
‘‘(3) Whoever violates paragraph (4) of subsection (a) 
shall be imprisoned not more than 15 years. 
‘‘(d) AFFIRMATIVE DEFENSE.—It is an affirmative defense 
to a charge of violating paragraph (2)(B) of subsection (a) that 
the defendant— 
‘‘(1) possessed less than three matters containing any 
visual depiction proscribed by that paragraph; and 
‘‘(2) promptly and in good faith, and without retaining 
or allowing any person, other than a law enforcement agen-
cy, to access any visual depiction or copy thereof— 
‘‘(A) took reasonable steps to destroy each such vis-
ual depiction; or 
‘‘(B) reported the matter to a law enforcement agen-
cy and afforded that agency access to each such visual 
depiction. 
‘‘(e) ADMISSIBILITY OF EVIDENCE.—On motion of the gov-
ernment, in any prosecution under this subchapter or section 
1444, except for good cause shown, the name, address, social 
security number, or other nonphysical identifying information, 
other than the age or approximate age, of any child who is de-
picted in any child pornography shall not be admissible and 
may be redacted from any otherwise admissible evidence, and 
the jury shall be instructed, upon request of the United States, 
that it can draw no inference from the absence of such evidence 
in deciding whether the child pornography depicts an actual 
child. 
‘‘(f) EXPLOITATIVE VISUAL DEPICTION DEFINED.—In this 
section, a visual depiction is an exploitative visual depiction if— 
‘‘(1) the producing of such visual depiction involves the 
use of a child engaging in sexually explicit conduct; and 
‘‘(2) such visual depiction is of such conduct. 
‘‘§ 224. Misleading domain names on the Internet 
‘‘(a) OBSCENITY.—Whoever knowingly uses a misleading do-
main name on the Internet with the intent to deceive a person 
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into viewing material constituting obscenity shall be imprisoned 
not more than 2 years. 
‘‘(b) MATERIAL HARMFUL TO CHILDREN.—Whoever know-
ingly uses a misleading domain name on the Internet with the 
intent to deceive a child into viewing material that is harmful 
to Children on the Internet shall be imprisoned not more than 
4 years. 
‘‘(c) DEFINITION.—For the purposes of this section— 
‘‘(1) a domain name that includes a word or words to 
indicate the sexual content of the site, such as ‘sex’ or 
‘porn’, is not misleading; 
‘‘(2) the term ‘material that is harmful to children’ 
means any communication, consisting of nudity, sex, or ex-
cretion, that, taken as a whole and with reference to its 
context— 
‘‘(A) predominantly appeals to a prurient interest of 
children; 
‘‘(B) is patently offensive to prevailing standards in 
the adult community as a whole with respect to what 
is suitable material for children; and 
‘‘(C) lacks serious literary, artistic, political, or sci-
entific value for children; and 
‘‘(3) as used in this subsection, the term ‘sex’ means acts 
of masturbation, sexual intercourse, or physical contact 
with a person’s genitals, or the condition of human male 
or female genitals when in a state of sexual stimulation or 
arousal. 
‘‘§ 225. Definitions for subchapter 
‘‘In this subchapter the following definitions apply: 
‘‘(1)(A) Except as provided in subparagraph (B), the 
term ‘sexually explicit conduct’ means actual or simu-
lated— 
‘‘(i) sexual intercourse, including genital-genital, 
oral-genital, anal-genital, or oral-anal, whether between 
persons of the same or opposite sex; 
‘‘(ii) bestiality; 
‘‘(iii) masturbation; 
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‘‘(iv) sadistic or masochistic abuse; or 
‘‘(v) lascivious exhibition of the genitals or pubic 
area of any person. 
‘‘(B) For purposes of paragraph 5(B), the term ‘sexually 
explicit conduct’ means— 
‘‘(i) graphic sexual intercourse, including genital-gen-
ital, oral-genital, anal-genital, or oral-anal, whether be-
tween persons of the same or opposite sex, or lascivious 
simulated sexual intercourse where the genitals, breast, 
or pubic area of any person is exhibited; 
‘‘(ii) graphic or lascivious simulated— 
‘‘(I) bestiality; 
‘‘(II) masturbation; or 
‘‘(III) sadistic or masochistic abuse; or 
‘‘(iii) graphic or simulated lascivious exhibition of the 
genitals or pubic area of any person. 
‘‘(2) The term ‘producing’ means producing, directing, 
manufacturing, issuing, publishing, or advertising. 
‘‘(3) The term ‘visual depiction’ includes undeveloped 
film and videotape, data stored on computer disk or by 
electronic means which is capable of conversion into a vis-
ual image, and data which is capable of conversion into a 
visual image that has been transmitted by any means, 
whether or not stored in a permanent format. 
‘‘(4) The term‘custody or control’ includes temporary su-
pervision over or responsibility for a child whether legally 
or illegally obtained. 
‘‘(5) The term ‘child pornography’ means any visual de-
piction, including any photograph, film, video, picture, or 
computer or computer-generated image or picture, whether 
made or produced by electronic, mechanical, or other 
means, of sexually explicit conduct, where— 
‘‘(A) the production of such visual depiction involves 
the use of a child engaging in sexually explicit conduct; 
‘‘(B) such visual depiction is a digital image, com-
puter image, or computer-generated image that is, or 
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is indistinguishable from, that of a child engaging in 
sexually explicit conduct; or 
‘‘(C) such visual depiction has been created, adapted, 
or modified to appear that an identifiable child is en-
gaging in sexually explicit conduct. 
‘‘(6) The term ‘identifiable child’— 
‘‘(A) means a person— 
‘‘(i)(I) who was a child at the time the visual de-
piction was created, adapted, or modified; or 
‘‘(II) whose image as a child was used in cre-
ating, adapting, or modifying the visual depiction; 
and 
‘‘(ii) who is recognizable as an actual person by 
the person’s face, likeness, or other distinguishing 
characteristic, such as a unique birthmark or other 
recognizable feature; and 
‘‘(B) shall not be construed to require proof of the 
actual identity of the identifiable child. 
‘‘(7) The term ‘graphic’, when used with respect to a de-
piction of sexually explicit conduct, means that a viewer 
can observe any part of the genitals or pubic area of any 
depicted person or animal during any part of the time that 
the sexually explicit conduct is being depicted. 
‘‘(8) The term ‘indistinguishable’ used with respect to a 
depiction, means virtually indistinguishable, in that the de-
piction is such that an ordinary person viewing the depic-
tion would conclude that the depiction is of an actual child 
engaged in sexually explicit conduct. This definition does 
not apply to depictions that are drawings, cartoons, sculp-
tures, or paintings depicting minors or adults. 
‘‘§ 226. Record keeping requirements 
‘‘(a) DUTY TO KEEP RECORDS.—Whoever produces any 
book, magazine, periodical, film, videotape, or other matter 
which— 
‘‘(1) contains one or more visual depictions made after 
November 1, 1990 of actual sexually explicit conduct; and 
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‘‘(2) is produced in whole or in part with materials which 
have been mailed or shipped in interstate or foreign com-
merce, or is shipped or transported or is intended for ship-
ment or transportation in interstate or foreign commerce; 
shall create and maintain individually identifiable records per-
taining to every performer portrayed in such a visual depiction. 
‘‘(b) DUTY TO ASCERTAIN CERTAIN INFORMATION.—Any 
person to whom subsection (a) applies shall, with respect to 
every performer portrayed in a visual depiction of actual sexu-
ally explicit conduct— 
‘‘(1) ascertain, by examination of an identification docu-
ment containing such information, the performer’s name 
and date of birth, and require the performer to provide 
such other indicia of his or her identity as may be pre-
scribed by regulations; 
‘‘(2) ascertain any name, other than the performer’s 
present and correct name, ever used by the performer in-
cluding maiden name, alias, nickname, stage, or profes-
sional name; and 
‘‘(3) record in the records required by subsection (a) the 
information required by paragraphs (1) and (2) of this sub-
section and such other identifying information as may be 
prescribed by regulation. 
‘‘(c) WHERE RECORDS MAINTAINED AND AVAILABILITY FOR 
INSPECTION.—Any person to whom subsection (a) applies shall 
maintain the records required by this section at his business 
premises, or at such other place as the Attorney General may 
by regulation prescribe and shall make such records available 
to the Attorney General for inspection at all reasonable times. 
‘‘(d) EXCLUSION OF EVIDENCE.— 
‘‘(1) No information or evidence obtained from records 
required to be created or maintained by this section shall, 
except as provided in this section, directly or indirectly, be 
used as evidence against any person with respect to any 
violation of law. 
‘‘(2) Paragraph (1) of this subsection does not preclude 
the use of such information or evidence in a prosecution or 
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other action for a violation of this subchapter or subchapter 
F of chapter 35, or for a violation of any applicable provi-
sion of law with respect to the furnishing of false informa-
tion. 
‘‘(e) STATEMENT.— 
‘‘(1) Any person to whom subsection (a) applies shall 
cause to be affixed to every copy of any matter described 
in paragraph (1) of subsection (a) of this section, in such 
manner and in such form as the Attorney General shall by 
regulations prescribe, a statement describing where the 
records required by this section with respect to all per-
formers depicted in that copy of the matter may be located. 
‘‘(2) If the person to whom subsection (a) of this section 
applies is an organization the statement required by this 
subsection shall include the name, title, and business ad-
dress of the individual employed by such organization re-
sponsible for maintaining the records required by this sec-
tion. 
‘‘(f) UNLAWFUL ACTS.—It shall be unlawful— 
‘‘(1) for any person to whom subsection (a) applies to 
fail to create or maintain the records as required by sub-
sections (a) and (c) or by any regulation promulgated 
under this section; 
‘‘(2) for any person to whom subsection (a) applies 
knowingly to make any false entry in or knowingly to fail 
to make an appropriate entry in, any record required by 
subsection (b) of this section or any regulation promulgated 
under this section; 
‘‘(3) for any person to whom subsection (a) applies 
knowingly to fail to comply with subsection (e) or any regu-
lation promulgated pursuant to that subsection; and 
‘‘(4) for any person knowingly to sell or otherwise trans-
fer, or offer for sale or transfer, any book, magazine, peri-
odical, film, video, or other matter, produce in whole or in 
part with materials which have been mailed or shipped in 
interstate or foreign commerce or which is intended for 
shipment in interstate or foreign commerce, which— 
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‘‘(A) contains one or more visual depictions made 
after the made after November 1, 1990 of actual sexu-
ally explicit conduct; and 
‘‘(B) is produced in whole or in part with materials 
which have been mailed or shipped in interstate or for-
eign commerce, or is shipped or transported or is in-
tended for shipment or transportation in interstate or 
foreign commerce; 
which does not have affixed thereto, in a manner prescribed 
as set forth in subsection (e)(1), a statement describing 
where the records required by this section may be located, 
but such person shall have no duty to determine the accu-
racy of the contents of the statement or the records re-
quired to be kept. 
‘‘(g) REGULATIONS.—The Attorney General shall issue ap-
propriate regulations to carry out this section. 
‘‘(h) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘actual sexually explicit conduct’ means ac-
tual but not simulated conduct as defined in subparagraphs 
(A) through (D) of paragraph (2) of section 229 of this 
title; 
‘‘(2) ‘identification document’ has the meaning given 
that term in section 783; 
‘‘(3) the term ‘produces’ means to produce, manufacture, 
or publish any book, magazine, periodical, film, video tape, 
computer generated image, digital image, or picture, or 
other similar matter and includes the duplication, reproduc-
tion, or reissuing of any such matter, but does not include 
mere distribution or any other activity which does not in-
volve hiring, contracting for managing, or otherwise ar-
ranging for the participation of the performers depicted; 
and 
‘‘(4) the term ‘performer’ includes any person portrayed 
in a visual depiction engaging in, or assisting another per-
son to engage in, actual sexually explicit conduct. 
‘‘(i) PENALTY FOR ANY VIOLATION OF THIS SECTION.— 
Whoever violates this section shall be imprisoned for not more 
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than 5 years. Whoever violates this section after having been 
convicted of a violation punishable under this section shall be 
imprisoned for any period of years not more than 10 years but 
not less than 2 years. 
‘‘§ 227. Failure to report child abuse 
‘‘Whoever, while engaged in a professional capacity or activ-
ity described in subsection (b) of section 226 of the Victims of 
Child Abuse Act of 1990 on Federal land or in a federally oper-
ated (or contracted) facility, learns of facts that give reason to 
suspect that a child has suffered an incident of child abuse, as 
defined in subsection (c) of that section, and fails to make a 
timely report as required by subsection (a) of that section, shall 
be imprisoned not more than 6 months. 
‘‘SUBCHAPTER D—SEX OFFENDER REGISTRY 
‘‘Sec. 
‘‘241.
Failure to register. 
‘‘§ 241. Failure to register 
‘‘(a) IN GENERAL.—Whoever— 
‘‘(1) is required to register under the Sex Offender Reg-
istration and Notification Act; 
‘‘(2)(A) is a sex offender as defined for the purposes of 
the Sex Offender Registration and Notification Act by rea-
son of a conviction under Federal law (including the Uni-
form Code of Military Justice), the law of the District of 
Columbia, Indian tribal law, or the law of any territory or 
possession of the United States; or 
‘‘(B) travels in interstate or foreign commerce, or enters 
or leaves, or resides in, Indian country; and 
‘‘(3) knowingly fails to register or update a registration 
as required by the Sex Offender Registration and Notifica-
tion Act; 
shall be imprisoned not more than 10 years. 
‘‘(b) AFFIRMATIVE DEFENSE.—In a prosecution for a viola-
tion under subsection (a), it is an affirmative defense that— 
‘‘(1) uncontrollable circumstances prevented the indi-
vidual from complying; 
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‘‘(2) the individual did not contribute to the creation of 
such circumstances in reckless disregard of the requirement 
to comply; and 
‘‘(3) the individual complied as soon as such cir-
cumstances ceased to exist. 
‘‘(c) CRIME OF VIOLENCE.— 
‘‘(1) IN
GENERAL.—An individual described in sub-
section (a) who commits a crime of violence under Federal 
law (including the Uniform Code of Military Justice), the 
law of the District of Columbia, Indian tribal law, or the 
law of any territory or possession of the United States shall 
be imprisoned for not less than 5 years and not more than 
30 years. 
‘‘(2) ADDITIONAL PUNISHMENT.—The punishment pro-
vided in paragraph (1) shall be in addition and consecutive 
to the punishment provided for the violation described in 
subsection (a). 
‘‘SUBCHAPTER E—GENERAL PROVISIONS AND 
DEFINITIONS 
‘‘Sec. 
‘‘255.
Repeat offenders. 
‘‘256.
Civil remedy for personal injuries. 
‘‘§ 255. Repeat offenders 
‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The maximum 
term of imprisonment for a violation of subchapter A or B 
after a prior sex offense conviction shall be twice the term of 
imprisonment otherwise provided by this chapter, unless section 
3559(e) applies. 
‘‘(b) DEFINITIONS.—In this section the term ‘prior sex of-
fense conviction’ means a conviction for an offense— 
‘‘(1) under this chapter; or 
‘‘(2) under State law for an offense consisting of conduct 
that would have been an offense under this chapter if the 
conduct had occurred within the special maritime and terri-
torial jurisdiction of the United States; and 
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‘‘§ 256. Civil remedy for personal injuries 
‘‘(a) A child who is a victim of a violation of section 201, 
202, 203, 211, 212, 213, 221, 222, or 223 and who suffers 
personal injury as a result of such violation may sue in any ap-
propriate United States District Court and shall recover the ac-
tual damages such minor sustains and the cost of the suit, in-
cluding a reasonable attorney’s fee. Any child as described in 
the preceding sentence shall be deemed to have sustained dam-
ages of no less than $50,000 in value. 
‘‘(b) Any action commenced under this section shall be 
barred unless the complaint is filed within six years after the 
right of action first accrues or in the case of a person under 
a legal disability, not later than three years after the disability. 
‘‘CHAPTER 15—NATIONAL SECURITY AND 
RELATED CRIMES 
‘‘Subchapter 
Sec. 
‘‘A. Treason, sedition, and subversive activities ............
261 
‘‘B. Terrorism ...............................................................................
271 
‘‘C. Military and navy ................................................................
292 
‘‘D. Civil disorders and riots ..................................................
296 
‘‘E. Espionage and censorship ...............................................
301 
‘‘F. Immigration and nationality ..........................................
311 
‘‘SUBCHAPTER A—TREASON, SEDITION, AND 
SUBVERSIVE ACTIVITIES 
‘‘Sec. 
‘‘261.
Treason. 
‘‘262.
Misprision of treason. 
‘‘263.
Rebellion or insurrection. 
‘‘264.
Seditious conspiracy. 
‘‘265.
Advocating overthrow of Government. 
‘‘§ 261. Treason 
‘‘Whoever, owing allegiance to the United States, levies war 
against them or adheres to their enemies, giving them aid and 
comfort within the United States or elsewhere, is guilty of trea-
son and shall suffer death or be imprisoned for any term of 
years not less than five, and shall be incapable of holding any 
office under the United States. 
‘‘§ 262. Misprision of treason 
‘‘Whoever, owing allegiance to the United States and having 
knowledge of the commission of any treason against them, con-
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ceals and does not, as soon as may be, disclose and make 
known the same to the President or to some judge of the 
United States, or to the governor or to some judge or justice 
of a particular State, is guilty of misprision of treason and 
shall be imprisoned not more than seven years. 
‘‘§ 263. Rebellion or insurrection 
‘‘Whoever incites, sets on foot, assists, or engages in any re-
bellion or insurrection against the authority of the United 
States or the laws thereof, or gives aid or comfort thereto, shall 
be imprisoned not more than ten years and shall be incapable 
of holding any office under the United States. 
‘‘§ 264. Seditious conspiracy 
‘‘If two or more persons in any State, or in any place subject 
to the jurisdiction of the United States, conspire to overthrow, 
put down, or to destroy by force the Government of the United 
States, or to levy war against them, or to oppose by force the 
authority thereof, or by force to prevent, hinder, or delay the 
execution of any law of the United States, or by force to seize, 
take, or possess any property of the United States contrary to 
the authority thereof, they shall each be imprisoned not more 
than 20 years. 
‘‘§ 265. Advocating overthrow of Government 
‘‘(a) IN GENERAL.—Whoever— 
‘‘(1) knowingly advocates, advises, or teaches the duty, 
necessity, desirability, or propriety of overthrowing or de-
stroying the Government of the United States or the gov-
ernment of any State, or the government of any political 
subdivision therein, by force or violence, or by the assas-
sination of any officer of any such government; 
‘‘(2) with intent to cause the overthrow or destruction of 
any such government, prints, publishes, edits, issues, cir-
culates, sells, distributes, or publicly displays any written or 
printed matter advocating, advising, or teaching the duty, 
necessity, desirability, or propriety of overthrowing or de-
stroying any government in the United States by force or 
violence; or 
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‘‘(3) organizes or helps to organize any society, group, or 
assembly of persons who teach, advocate, or encourage the 
overthrow or destruction of any such government by force 
or violence; or becomes or is a member of, or affiliates with, 
any such society, group, or assembly of persons, knowing 
the purposes thereof; 
shall be imprisoned not more than 20 years, and shall be ineli-
gible for employment by the United States or any department 
or agency thereof, for the five years next following the convic-
tion. 
‘‘(b) CONSPIRACY.—If two or more persons conspire to com-
mit any offense named in this section, each shall be imprisoned 
not more than 20 years and shall be ineligible for employment 
by the United States or any department or agency thereof, for 
the five years next following the conviction. 
‘‘(c) DEFINITION.—As used in this section, the term ‘orga-
nize’, with respect to any society, group, or assembly of per-
sons, includes the recruiting of new members, the forming of 
new units, and the regrouping or expansion of existing clubs, 
classes, and other units of such society, group, or assembly of 
persons. 
‘‘SUBCHAPTER B—TERRORISM 
‘‘Sec. 
‘‘271.
Weapons of mass destruction, and explosives and other lethal de-
vices. 
‘‘272.
Atomic weapons. 
‘‘273.
Acts of terrorism transcending national boundaries. 
‘‘274.
Financial transactions. 
‘‘275.
Missile systems designed to destroy aircraft. 
‘‘276.
Radiological dispersal devices. 
‘‘277.
Harboring or concealing terrorists. 
‘‘278.
Providing material support to terrorists. 
‘‘279.
Providing material support or resources to designated foreign ter-
rorist organizations. 
‘‘280.
Prohibitions against the financing of terrorism. 
‘‘281.
Receiving military-type training from a foreign terrorist organiza-
tion. 
‘‘282.
Civil remedies. 
‘‘283.
Definitions for subchapter. 
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‘‘§ 271. Weapons of mass destruction, and explo-
sives and other lethal devices 
‘‘(a) OFFENSE.—Whoever, without lawful authority, uses, 
threatens, to use, a weapon of mass destruction or an explosive 
or other lethal device— 
‘‘(1) against any property that is owned, leased, or used 
by the United States or by any department or agency of 
the United States, whether the property is within or out-
side of the United States; 
‘‘(2) against a national of the United States while such 
national is outside of the United States; 
‘‘(3) against any person or property within the United 
States, if the offense is in, or affects, interstate or foreign 
commerce; or 
‘‘(4) against any person or property outside of the 
United States, if the offender is a national of the United 
States; 
shall be imprisoned for any term of years or for life, and if 
death results, shall be punished by death or imprisoned for any 
term of years or for life. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘weapon of mass destruction’ means— 
‘‘(A) any destructive device as defined in section 581; 
‘‘(B) any weapon that is designed or intended to 
cause death or serious bodily injury through the re-
lease, dissemination, or impact of toxic or poisonous 
chemicals, or their precursors; 
‘‘(C) any weapon involving a biological agent, toxin, 
or vector (as those terms are in defined in section 627); 
‘‘(D) any weapon that is designed to release radi-
ation or radioactivity at a level dangerous to human 
life; or 
‘‘(E) any lethal device or explosive; 
‘‘(2) the term ‘property’ includes all real and personal 
property; 
‘‘(3) the term ‘explosive’ has the meaning given in sec-
tion 844(j) of this title insofar that it is designed, or has 
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the capability, to cause death, serious bodily injury, or sub-
stantial material damage; and 
‘‘(4) the term ‘other lethal device’ means any weapon or 
device that is designed or has the capability to cause death, 
serious bodily injury, or substantial damage to property 
through the release, dissemination, or impact of toxic 
chemicals, biological agents, or toxins (as those terms are 
defined in section 178 of this title) or radiation or radio-
active material. 
‘‘§ 272. Atomic weapons 
‘‘(a) OFFENSE.—Whoever, except as provided in section 91 
of the Atomic Energy Act of 1954, in or affecting interstate 
or foreign commerce in the United States or, as made applica-
ble by subsection (b) outside the United States, knowingly par-
ticipates in the development of, manufactures, produces, trans-
fers, acquires, receives, possesses, imports, exports, or uses, or 
possesses and threatens to use, any atomic weapon. Nothing in 
this section modifies section 31 a. or section 101 of the Atomic 
Energy Act of 1954. 
‘‘(b) FEDERAL NEXUS TO CONDUCT OUTSIDE
OF
THE 
UNITED STATES.— Conduct outside the United States is pro-
hibited by subsection (a) if— 
‘‘(1) the offense is committed by a national of the United 
States; or 
‘‘(2) the offense is committed against a national of the 
United States. 
‘‘§ 273. Acts of terrorism transcending national 
boundaries 
‘‘(a) PROHIBITED ACTS.— 
‘‘(1) OFFENSES.—Whoever, involving conduct tran-
scending national boundaries and as made applicable by 
subsection (b)— 
‘‘(A) kills, kidnaps, maims, commits an assault re-
sulting in serious bodily injury, or assaults with a dan-
gerous weapon any person within the United States; or 
‘‘(B) creates a substantial risk of serious bodily in-
jury to any other person by destroying or damaging 
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any structure, conveyance, or other real or personal 
property within the United States or by attempting or 
conspiring to destroy or damage any structure, convey-
ance, or other real or personal property within the 
United States; 
in violation of the laws of any State, or the United States, 
shall be punished as prescribed in subsection (c). 
‘‘(2) TREATMENT OF THREATS, ATTEMPTS, AND CON-
SPIRACIES.—Whoever threatens to commit an offense 
under paragraph (1) shall be punished under subsection 
(c). 
‘‘(b) APPLICABILITY.— 
‘‘(1) IN GENERAL.—Subsection (a) applies if— 
‘‘(A) the mail or any facility of interstate or foreign 
commerce is used in furtherance of the offense; 
‘‘(B) the offense obstructs, delays, or affects inter-
state or foreign commerce, or would have so obstructed, 
delayed, or affected interstate or foreign commerce if 
the offense had been consummated; 
‘‘(C) the victim, or intended victim, is the United 
States Government, a member of the uniformed serv-
ices, or any official, officer, employee, or agent of the 
legislative, executive, or judicial branches, or of any de-
partment or agency, of the United States; 
‘‘(D) the structure, conveyance, or other real or per-
sonal property is, in whole or in part, owned, possessed, 
or leased to the United States, or any department or 
agency of the United States; 
‘‘(E) the offense is committed in the territorial sea 
(including the airspace above and the seabed and sub-
soil below, and artificial islands and fixed structures 
erected thereon) of the United States; or 
‘‘(F) the offense is committed within the special mar-
itime and territorial jurisdiction of the United States. 
‘‘(2) CO-CONSPIRATORS AND ACCESSORIES AFTER THE 
FACT.—Subsection (a) applies with respect to all principals 
and co-conspirators of an offense under this section, and 
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accessories after the fact to any offense under this section, 
if at least one of the circumstances described in subpara-
graphs (A) through (F) of paragraph (1) is applicable to 
at least one offender. 
‘‘(c) PENALTIES.— 
‘‘(1) GENERALLY.—Whoever violates this section shall be 
punished— 
‘‘(A) for a killing, or if death results to any person 
from any other conduct prohibited by this section, by 
death, or by imprisonment for any term of years or for 
life; 
‘‘(B) for kidnapping, by imprisonment for any term 
of years or for life; 
‘‘(C) for maiming, by imprisonment for not more 
than 35 years; 
‘‘(D) for assault with a dangerous weapon or assault 
resulting in serious bodily injury, by imprisonment for 
not more than 30 years; 
‘‘(E) for destroying or damaging any structure, con-
veyance, or other real or personal property, by impris-
onment for not more than 25 years; 
‘‘(F) for attempting or conspiring to commit an of-
fense, for any term of years up to the maximum pun-
ishment that would have applied had the offense been 
completed; and 
‘‘(G) for threatening to commit an offense under this 
section, by imprisonment for not more than 10 years. 
‘‘(2) CONSECUTIVE
SENTENCE.—Notwithstanding any 
other provision of law, the court shall not place on proba-
tion any person convicted of a violation of this section; nor 
shall the term of imprisonment imposed under this section 
run concurrently with any other term of imprisonment. 
‘‘(d) PROOF REQUIREMENTS.—The following shall apply to 
prosecutions under this section: 
‘‘(1) KNOWLEDGE.—The prosecution is not required to 
prove knowledge by any defendant of a jurisdictional base 
alleged in the indictment. 
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‘‘(2) STATE LAW.—In a prosecution under this section 
that is based upon the adoption of State law, only the ele-
ments of the offense under State law, and not any provi-
sions pertaining to criminal procedure or evidence, are 
adopted. 
‘‘(e) 
EXTRATERRITORIAL
JURISDICTION.—There 
is 
extraterritorial Federal jurisdiction— 
‘‘(1) over any offense under subsection (a), including any 
threat, attempt, or conspiracy to commit such offense; and 
‘‘(2) over conduct which, under section 3, renders any 
person an accessory after the fact to an offense under sub-
section (a). 
‘‘(f) INVESTIGATIVE AUTHORITY.—In addition to any other 
investigative authority with respect to violations of this title, 
the Attorney General shall have primary investigative responsi-
bility for all Federal crimes of terrorism, and any violation of 
section 102, 112, 614, 955, 1201, or 1205 and the Secretary 
of the Treasury shall assist the Attorney General at the request 
of the Attorney General. Nothing in this section shall be con-
strued to interfere with the authority of the United States Se-
cret Service under section 3056. 
‘‘(g) REQUESTS FOR MILITARY ASSISTANCE.—The Attorney 
General may request the Secretary of Defense to provide assist-
ance under section 382 of title 10 in support of Department 
of Justice activities relating to the enforcement of section 271 
during an emergency situation involving a weapon of mass de-
struction. The authority to make such a request may be exer-
cised by another official of the Department of Justice in ac-
cordance with section 382(f)(2) of title 10. 
‘‘(h) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘conduct transcending national boundaries’ 
means conduct occurring outside of the United States in 
addition to the conduct occurring in the United States; 
‘‘(2) the term ‘territorial sea of the United States’ means 
all waters extending seaward to 12 nautical miles from the 
baselines of the United States, determined in accordance 
with international law; and 
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‘‘(3) the term ‘Federal crime of terrorism’ means an of-
fense that— 
‘‘(A) is calculated to influence or affect the conduct 
of government by intimidation or coercion, or to retali-
ate against government conduct; and 
‘‘(B) is a violation of— 
‘‘(i) section 1301 (relating to destruction of air-
craft or aircraft facilities), 1305 (relating to vio-
lence at international airports), 571 (relating to 
arson within special maritime and territorial juris-
diction), 621 or 623 (relating to biological weap-
ons), 624 (relating to variola virus), 631 (relating 
to chemical weapons), 271 (relating weapons of 
mass destruction and explosives and other lethal 
devices), 612(m) or (n) (relating to plastic explo-
sives), 614(f)(2) or (3) (relating to arson and 
bombing of Government property risking or causing 
death), 614(i) (relating to arson and bombing of 
property used in interstate commerce), 593(c) (re-
lating to killing or attempted killing during an at-
tack on a Federal facility with a dangerous weap-
on), 102(5) or (9) (relating to killings abroad), 
787(a)(1) (relating to protection of computers), 
787(a)(5)(A)(i) resulting in damage as defined in 
787(a)(5)(B)(ii) through (v) (relating to protection 
of computers), 102(2), (4), or (8) (relating to kill-
ing of officers and employees of the United States 
foreign officials, official guests, or internationally 
protected persons), 123 (relating to hostage tak-
ing), 1201 (relating to government property or con-
tracts), 1202 (relating to destruction of commu-
nication lines, stations, or systems), 1203 (relating 
to injury to buildings or property within special 
maritime and territorial jurisdiction of the United 
States), 1205(a) (relating to destruction of an en-
ergy facility), 1331 (relating to terrorist attacks 
and other acts of violence against mass transpor-
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tation systems), 274 (relating to financial trans-
actions), 275 (relating to missile systems designed 
to destroy aircraft), 276 (relating to radiological 
dispersal devices), 277 (relating to harboring ter-
rorists), 278 (relating to providing material support 
to terrorists), 279 (relating to providing material 
support to terrorist organizations), 280 (relating to 
financing of terrorism, or 1291 (relating to torture) 
of this title; 
‘‘(ii) section 92 (relating to prohibitions gov-
erning atomic weapons) or 236 (relating to sabo-
tage of nuclear facilities or fuel) of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2122 or 2284); or 
‘‘(iii) section 46502 (relating to aircraft piracy), 
the second sentence of section 46504 (relating to 
assault on a flight crew with a dangerous weapon), 
section 46505(b)(3) or (c) (relating to explosive or 
incendiary devices, or endangerment of human life 
by means of weapons, on aircraft), section 46506 
if homicide or attempted homicide is involved (re-
lating to application of certain criminal laws to acts 
on aircraft), or section 60123(b) (relating to de-
struction of interstate gas or hazardous liquid pipe-
line facility) of title 49. 
‘‘§ 274. Financial transactions 
‘‘(a) OFFENSE.—Except as provided in regulations issued by 
the Secretary of the Treasury, in consultation with the Sec-
retary of State, whoever, being a United States person, know-
ing or having reasonable cause to know that a country is des-
ignated under section 6(j) of the Export Administration Act of 
1979 (50 U.S.C. App. 2405) as a country supporting inter-
national terrorism, engages in a financial transaction with the 
government of that country, shall be imprisoned for not more 
than 10 years. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘financial transaction’ has the same mean-
ing as in section 1451; and 
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‘‘(2) the term ‘United States person’ means any— 
‘‘(A) United States citizen or national; 
‘‘(B) permanent resident alien; 
‘‘(C) juridical person organized under the laws of the 
United States; or 
‘‘(D) any person in the United States. 
‘‘§ 275. Missile systems designed to destroy air-
craft 
‘‘(a) UNLAWFUL CONDUCT.— 
‘‘(1) IN
GENERAL.—Except as provided in paragraph 
(3), it shall be unlawful for any person to knowingly 
produce, construct, otherwise acquire, transfer directly or 
indirectly, receive, possess, import, export, or use, or pos-
sess and threaten to use— 
‘‘(A) an explosive or incendiary rocket or missile that 
is guided by any system designed to enable the rocket 
or missile to— 
‘‘(i) seek or proceed toward energy radiated or 
reflected from an aircraft or toward an image locat-
ing an aircraft; or 
‘‘(ii) otherwise direct or guide the rocket or mis-
sile to an aircraft; 
‘‘(B) any device designed or intended to launch or 
guide a rocket or missile described in subparagraph 
(A); or 
‘‘(C) any part or combination of parts designed or 
redesigned for use in assembling or fabricating a rock-
et, missile, or device described in subparagraph (A) or 
(B). 
‘‘(2) NONWEAPON.—Paragraph (1)(A) does not apply to 
any device that is neither designed nor redesigned for use 
as a weapon. 
‘‘(3) EXCLUDED CONDUCT.—This subsection does not 
apply with respect to— 
‘‘(A) conduct by or under the authority of the United 
States or any department or agency thereof or of a 
State or any department or agency thereof; or 
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‘‘(B) conduct pursuant to the terms of a contract 
with the United States or any department or agency 
thereof or with a State or any department or agency 
thereof. 
‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is 
within the jurisdiction of the United States if— 
‘‘(1) the offense occurs in or affects interstate or foreign 
commerce; 
‘‘(2) the offense occurs outside of the United States and 
is committed by a national of the United States; 
‘‘(3) the offense is committed against a national of the 
United States while the national is outside the United 
States; 
‘‘(4) the offense is committed against any property that 
is owned, leased, or used by the United States or by any 
department or agency of the United States, whether the 
property is within or outside the United States; or 
‘‘(5) an offender aids or abets any person over whom ju-
risdiction exists under this subsection in committing an of-
fense under this section or conspires with any person over 
whom jurisdiction exists under this subsection to commit 
an offense under this section. 
‘‘(c) CRIMINAL PENALTIES.— 
‘‘(1) IN GENERAL.—Whoever violates subsection (a) shall 
be sentenced to a term of imprisonment not less than 25 
years or to imprisonment for life. 
‘‘(2) OTHER CIRCUMSTANCES.—Whoever, in the course 
of a violation of subsection (a), uses or possesses and 
threatens to use, any item or items described in subsection 
(a), shall be imprisoned for not less than 30 years or im-
prisoned for life. 
‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another 
results from a person’s violation of subsection (a), the per-
son shall be punished by imprisonment for life. 
‘‘(d) DEFINITION.—As used in this section, the term ‘air-
craft’ has the definition set forth in section 40102(a)(6) of title 
49. 
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‘‘§ 276. Radiological dispersal devices 
‘‘(a) UNLAWFUL CONDUCT.— 
‘‘(1) IN
GENERAL.—Except as provided in paragraph 
(2), it shall be unlawful for any person to knowingly 
produce, construct, otherwise acquire, transfer directly or 
indirectly, receive, possess, import, export, or use, or pos-
sess and threaten to use— 
‘‘(A) any weapon that is designed or intended to re-
lease radiation or radioactivity at a level dangerous to 
human life; or 
‘‘(B) any device or other object that is capable of 
and designed or intended to endanger human life 
through the release of radiation or radioactivity. 
‘‘(2) EXCEPTION.—This subsection does not apply with 
respect to— 
‘‘(A) conduct by or under the authority of the United 
States or any department or agency thereof; or 
‘‘(B) conduct pursuant to the terms of a contract 
with the United States or any department or agency 
thereof. 
‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is 
within the jurisdiction of the United States if— 
‘‘(1) the offense occurs in or affects interstate or foreign 
commerce; 
‘‘(2) the offense occurs outside of the United States and 
is committed by a national of the United States; 
‘‘(3) the offense is committed against a national of the 
United States while the national is outside the United 
States; 
‘‘(4) the offense is committed against any property that 
is owned, leased, or used by the United States or by any 
department or agency of the United States, whether the 
property is within or outside the United States; or 
‘‘(5) an offender aids or abets any person over whom ju-
risdiction exists under this subsection in committing an of-
fense under this section or conspires with any person over 
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whom jurisdiction exists under this subsection to commit 
an offense under this section. 
‘‘(c) CRIMINAL PENALTIES.— 
‘‘(1) IN GENERAL.—Whoever violates subsection (a) shall 
be sentenced to a term of imprisonment not less than 25 
years or to imprisonment for life. 
‘‘(2) OTHER CIRCUMSTANCES.—Whoever, in the course 
of a violation of subsection (a), uses or possesses and 
threatens to use, any item or items described in subsection 
(a), shall be imprisoned for not less than 30 years or im-
prisoned for life. 
‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another 
results from a person’s violation of subsection (a), the per-
son shall be punished by imprisonment for life. 
‘‘§ 277. Harboring or concealing terrorists 
‘‘(a) OFFENSE.—Whoever harbors or conceals any person 
who he knows, or has reasonable grounds to believe, has com-
mitted, or is about to commit, an offense under section 1301 
(relating to destruction of aircraft or aircraft facilities), section 
621 (relating to biological weapons), section 631 (relating to 
chemical weapons), section 601 (relating to nuclear materials), 
paragraph (2) or (3) of section 614(f) (relating to arson and 
bombing of government property risking or causing injury or 
death), section 1205(a) (relating to the destruction of an en-
ergy facility), section 13404.51 (relating to violence against 
maritime navigation), section 271 (relating to weapons of mass 
destruction), or section 273 (relating to acts of terrorism tran-
scending national boundaries) of this title, section 236(a) (re-
lating to sabotage of nuclear facilities or fuel) of the Atomic 
Energy Act of 1954 (42 U.S.C. 2284(a)), or section 46502 (re-
lating to aircraft piracy) of title 49, shall imprisoned not more 
than ten years. 
‘‘(b) VENUE.—A violation of this section may be prosecuted 
in any Federal judicial district in which the underlying offense 
was committed, or in any other Federal judicial district as pro-
vided by law. 
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‘‘§ 278. Providing material support to terrorists 
‘‘(a) OFFENSE.—Whoever provides material support or re-
sources or conceals or disguises the nature, location, source, or 
ownership of material support or resources, knowing or intend-
ing that they are to be used in preparation for, or in carrying 
out, a violation of section 271, 273, 276, 1301, 1306, 571, 
621, 631, 102, 112, 121(m) or (n), 601, 1201, 1202, 1203, 
1205, 1331, 1651, 1291, 278, or 279 of this title, section 236 
of the Atomic Energy Act of 1954 (42 U.S.C. 2284) section 
46502 or 60123(b) of title 49, or any offense listed in section 
273(g)(5)(B) (except for sections 278 and 279) or in prepara-
tion for, or in carrying out, the concealment of an escape from 
the commission of any such violation shall be imprisoned not 
more than 15 years. A violation of this section may be pros-
ecuted in any Federal judicial district in which the underlying 
offense was committed, or in any other Federal judicial district 
as provided by law, and, if the death of any person results, 
shall be imprisoned for any term of years or for life. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘material support or resources’ means any 
property, tangible or intangible, or service, including cur-
rency or monetary instruments or financial securities, fi-
nancial services, lodging, training, expert advice or assist-
ance, safehouses, false documentation or identification, 
communications equipment, facilities, weapons, lethal sub-
stances, explosives, personnel (1 or more individuals who 
may be or include oneself), and transportation, except med-
icine or religious materials; 
‘‘(2) the term ‘training’ means instruction or teaching 
designed to impart a specific skill, as opposed to general 
knowledge; and 
‘‘(3) the term ‘expert advice or assistance’ means advice 
or assistance derived from scientific, technical or other spe-
cialized knowledge. 
‘‘§ 279. Providing material support or resources to 
designated foreign terrorist organizations 
‘‘(a) PROHIBITED ACTIVITIES.— 
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‘‘(1) UNLAWFUL CONDUCT.—Whoever as made applica-
ble by subsection (d) knowingly provides material support 
or resources to a foreign terrorist organization shall be im-
prisoned not more than 15 years, or both, and if the death 
of any person results, shall be imprisoned for any term of 
years or for life. To violate this paragraph, a person must 
have knowledge that the organization is a designated ter-
rorist organization (as defined in subsection (g)(6)), that 
the organization has engaged or engages in terrorist activ-
ity (as defined in section 212(a)(3)(B) of the Immigration 
and Nationality Act), or that the organization has engaged 
or engages in terrorism (as defined in section 140(d)(2) of 
the Foreign Relations Authorization Act, Fiscal Years 1988 
and 1989). 
‘‘(2) FINANCIAL INSTITUTIONS.—Except as authorized 
by the Secretary, any financial institution that becomes 
aware that it has possession of, or control over, any funds 
in which a foreign terrorist organization, or its agent, has 
an interest, shall— 
‘‘(A) retain possession of, or maintain control over, 
such funds; and 
‘‘(B) report to the Secretary the existence of such 
funds in accordance with regulations issued by the Sec-
retary. 
‘‘(b) CIVIL PENALTY.—Any financial institution that know-
ingly fails to comply with subsection (a)(2) shall be subject to 
a civil penalty in an amount that is the greater of— 
‘‘(A) $50,000 per violation; or 
‘‘(B) twice the amount of which the financial institution 
was required under subsection (a)(2) to retain possession 
or control. 
‘‘(c) INJUNCTION.—Whenever it appears to the Secretary or 
the Attorney General that any person is engaged in, or is about 
to engage in, any act that constitutes, or would constitute, a 
violation of this section, the Attorney General may initiate civil 
action in a district court of the United States to enjoin such 
violation. 
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‘‘(d) FEDERAL NEXUS.—Subsection (a) applies if— 
‘‘(1) an offender is a national of the United States or an 
alien lawfully admitted for permanent residence in the 
United States (as defined in section 101(a)(20) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(20))); 
‘‘(2) an offender is a stateless person whose habitual res-
idence is in the United States; 
‘‘(3) after the conduct required for the offense occurs, an 
offender is brought into or found in the United States, even 
if the conduct required for the offense occurs outside the 
United States; 
‘‘(4) the offense occurs in whole or in part within the 
United States; 
‘‘(5) the offense occurs in or affects interstate or foreign 
commerce; or 
‘‘(6) an offender aids or abets any person over whom ju-
risdiction exists under this paragraph in committing an of-
fense under subsection (a) or conspires with any person 
over whom jurisdiction exists under this paragraph to com-
mit an offense under subsection (a). 
‘‘(e) INVESTIGATIONS.— 
‘‘(1) IN GENERAL.—The Attorney General shall conduct 
any investigation of a possible violation of this section, or 
of any license, order, or regulation issued pursuant to this 
section. 
‘‘(2) COORDINATION WITH THE DEPARTMENT OF THE 
TREASURY.—The Attorney General shall work in coordina-
tion with the Secretary in investigations relating to— 
‘‘(A) the compliance or noncompliance by a financial 
institution with the requirements of subsection (a)(2); 
and 
‘‘(B) civil penalty proceedings authorized under sub-
section (b). 
‘‘(3) REFERRAL.—Any evidence of a criminal violation of 
this section arising in the course of an investigation by the 
Secretary or any other Federal agency shall be referred im-
mediately to the Attorney General for further investigation. 
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The Attorney General shall timely notify the Secretary of 
any action taken on referrals from the Secretary, and may 
refer investigations to the Secretary for remedial licensing 
or civil penalty action. 
‘‘(f) CLASSIFIED
INFORMATION
IN
CIVIL
PROCEEDINGS 
BROUGHT BY THE UNITED STATES.— 
‘‘(1) DISCOVERY OF CLASSIFIED INFORMATION BY DE-
FENDANTS.— 
‘‘(A) REQUEST BY UNITED STATES.—In any civil 
proceeding under this section, upon request made ex 
parte and in writing by the United States, a court, 
upon a sufficient showing, may authorize the United 
States to— 
‘‘(i) redact specified items of classified informa-
tion from documents to be introduced into evidence 
or made available to the defendant through dis-
covery under the Federal Rules of Civil Procedure; 
‘‘(ii) substitute a summary of the information for 
such classified documents; or 
‘‘(iii) substitute a statement admitting relevant 
facts that the classified information would tend to 
prove. 
‘‘(B) ORDER GRANTING REQUEST.—If the court en-
ters an order granting a request under this paragraph, 
the entire text of the documents to which the request 
relates shall be sealed and preserved in the records of 
thecourt to be made available to the appellate court in 
the event of an appeal. 
‘‘(C) DENIAL OF REQUEST.—If the court enters an 
order denying a request of the United States under this 
paragraph, the United States may take an immediate, 
interlocutory appeal in accordance with paragraph (5). 
For purposes of such an appeal, the entire text of the 
documents to which the request relates, together with 
any transcripts of arguments made ex parte to the 
court in connection therewith, shall be maintained 
under seal and delivered to the appellate court. 
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‘‘(2) INTRODUCTION OF CLASSIFIED INFORMATION; PRE-
CAUTIONS BY COURT.— 
‘‘(A) EXHIBITS.—To prevent unnecessary or inad-
vertent disclosure of classified information in a civil 
proceeding brought by the United States under this 
section, the United States may petition the court ex 
parte to admit, in lieu of classified writings, recordings, 
or photographs, one or more of the following: 
‘‘(i) Copies of items from which classified infor-
mation has been redacted. 
‘‘(ii) Stipulations admitting relevant facts that 
specific classified information would tend to prove. 
‘‘(iii) A declassified summary of the specific clas-
sified information. 
‘‘(B) DETERMINATION BY COURT.—The court shall 
grant a request under this paragraph if the court finds 
that the redacted item, stipulation, or summary is suf-
ficient to allow the defendant to prepare a defense. 
‘‘(3) TAKING OF TRIAL TESTIMONY.— 
‘‘(A) OBJECTION.—During the examination of a wit-
ness in any civil proceeding brought by the United 
States under this subsection, the United States may 
object to any question or line of inquiry that may re-
quire the witness to disclose classified information not 
previously found to be admissible. 
‘‘(B) ACTION BY COURT.—In determining whether a 
response is admissible, the court shall take precautions 
to guard against the compromise of any classified infor-
mation, including— 
‘‘(i) permitting the United States to provide the 
court, ex parte, with a proffer of the witness’s re-
sponse to the question or line of inquiry; and 
‘‘(ii) requiring the defendant to provide the court 
with a proffer of the nature of the information that 
the defendant seeks to elicit. 
‘‘(C) OBLIGATION OF DEFENDANT.—In any civil pro-
ceeding under this section, it shall be the defendant’s 
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obligation to establish the relevance and materiality of 
any classified information sought to be introduced. 
‘‘(4) APPEAL.—If the court enters an order denying a 
request of the United States under this subsection, the 
United States may take an immediate interlocutory appeal 
in accordance with paragraph (5). 
‘‘(5) INTERLOCUTORY APPEAL.— 
‘‘(A) SUBJECT OF APPEAL.—An interlocutory appeal 
by the United States shall lie to a court of appeals 
from a decision or order of a district court— 
‘‘(i) authorizing the disclosure of classified infor-
mation; 
‘‘(ii) imposing sanctions for nondisclosure of 
classified information; or 
‘‘(iii) refusing a protective order sought by the 
United States to prevent the disclosure of classified 
information. 
‘‘(B) EXPEDITED CONSIDERATION.— 
‘‘(i) IN GENERAL.—An appeal taken pursuant to 
this paragraph, either before or during trial, shall 
be expedited by the court of appeals. 
‘‘(ii) APPEALS PRIOR TO TRIAL.—If an appeal is 
of an order made prior to trial, an appeal shall be 
taken not later than 10 days after the decision or 
order appealed from, and the trial shall not com-
mence until the appeal is resolved. 
‘‘(iii) APPEALS DURING TRIAL.—If an appeal is 
taken during trial, the trial court shall adjourn the 
trial until the appeal is resolved, and the court of 
appeals— 
‘‘(I) shall hear argument on such appeal not 
later than 4 days after the adjournment of the 
trial; 
‘‘(II) may dispense with written briefs other 
than the supporting materials previously sub-
mitted to the trial court; 
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‘‘(III) shall render its decision not later than 
4 days after argument on appeal; and 
‘‘(IV) may dispense with the issuance of a 
written opinion in rendering its decision. 
‘‘(C) EFFECT OF RULING.—An interlocutory appeal 
and decision shall not affect the right of the defendant, 
in a subsequent appeal from a final judgment, to claim 
as error reversal by the trial court on remand of a rul-
ing appealed from during trial. 
‘‘(6) CONSTRUCTION.—Nothing in this subsection shall 
prevent the United States from seeking protective orders or 
asserting privileges ordinarily available to the United States 
to protect against the disclosure of classified information, 
including the invocation of the military and State secrets 
privilege. 
‘‘(g) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘classified information’ has the meaning 
given that term in section 1(a) of the Classified Informa-
tion Procedures Act (18 U.S.C. App.); 
‘‘(2) the term ‘funds’ includes coin or currency of the 
United States or any other country, traveler’s checks, per-
sonal checks, bank checks, money orders, stocks, bonds, de-
bentures, drafts, letters of credit, any other negotiable in-
strument, and any electronic representation of any of the 
foregoing; 
‘‘(3) the term ‘material support or resources’ has the 
same meaning given that term in section 2339A (including 
the definitions of ‘training’ and ‘expert advice or assistance’ 
in that section); 
‘‘(4) the term ‘Secretary’ means the Secretary of the 
Treasury; and 
‘‘(6) the term ‘terrorist organization’ means an organiza-
tion designated as a terrorist organization under section 
219 of the Immigration and Nationality Act. 
‘‘(h) PROVISION OF PERSONNEL.—No person may be pros-
ecuted under this section in connection with the term ‘per-
sonnel’ unless that person has knowingly provided a foreign 
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terrorist organization with 1 or more individuals (who may be 
or include himself) to work under that terrorist organization’s 
direction or control or to organize, manage, supervise, or other-
wise direct the operation of that organization. Individuals who 
act entirely independently of the foreign terrorist organization 
to advance its goals or objectives shall not be considered to be 
working under the foreign terrorist organization’s direction and 
control. 
‘‘(i) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed or applied so as to abridge the exercise of rights 
guaranteed under the First Amendment to the Constitution of 
the United States. 
‘‘(j) EXCEPTION.—No person may be prosecuted under this 
section in connection with the term ‘personnel’, ‘training’, or 
‘expert advice or assistance’ if the provision of that material 
support or resources to a foreign terrorist organization was ap-
proved by the Secretary of State with the concurrence of the 
Attorney General. The Secretary of State may not approve the 
provision of any material support that may be used to carry out 
terrorist activity (as defined in section 212(a)(3)(B)(iii) of the 
Immigration and Nationality Act). 
‘‘§ 280. Prohibitions against the financing of ter-
rorism 
‘‘(a) OFFENSES.— 
‘‘(1) IN
GENERAL.—Whoever, in a circumstance de-
scribed in subsection (b), by any means, directly or indi-
rectly, unlawfully and knowingly provides or collects funds 
with the intention that such funds be used, or with the 
knowledge that such funds are to be used, in full or in 
part, in order to carry out— 
‘‘(A) an act which constitutes an offense within the 
scope of a treaty specified in subsection (e)(7), as im-
plemented by the United States, or 
‘‘(B) any other act intended to cause death or seri-
ous bodily injury to a civilian, or to any other person 
not taking an active part in the hostilities in a situation 
of armed conflict, when the purpose of such act, by its 
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nature or context, is to intimidate a population, or to 
compel a government or an international organization 
to do or to abstain from doing any act, 
shall be punished as prescribed in subsection (d)(1). 
‘‘(2) RELATIONSHIP TO PREDICATE ACT.—For an act to 
constitute an offense set forth in this subsection, it shall 
not be necessary that the funds were actually used to carry 
out a predicate act. 
‘‘(b) JURISDICTION.—There is jurisdiction over the offenses 
in subsection (a) in the following circumstances— 
‘‘(1) the offense takes place in the United States and— 
‘‘(A) a perpetrator was a national of another state 
or a stateless person; 
‘‘(B) on board a vessel flying the flag of another 
state or an aircraft which is registered under the laws 
of another state at the time the offense is committed; 
‘‘(C) on board an aircraft which is operated by the 
government of another state; 
‘‘(D) a perpetrator is found outside the United 
States; 
‘‘(E) was directed toward or resulted in the carrying 
out of a predicate act against— 
‘‘(i) a national of another state; or 
‘‘(ii) another state or a government facility of 
such state, including its embassy or other diplo-
matic or consular premises of that state; 
‘‘(F) was directed toward or resulted in the carrying 
out of a predicate act committed in an attempt to com-
pel another state or international organization to do or 
abstain from doing any act; or 
‘‘(G) was directed toward or resulted in the carrying 
out of a predicate act— 
‘‘(i) outside the United States; or 
‘‘(ii) within the United States, and either the of-
fense or the predicate act was conducted in, or the 
results thereof affected, interstate or foreign com-
merce; 
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‘‘(2) the offense takes place outside the United States 
and— 
‘‘(A) a perpetrator is a national of the United States 
or is a stateless person whose habitual residence is in 
the United States; 
‘‘(B) a perpetrator is found in the United States; or 
‘‘(C) was directed toward or resulted in the carrying 
out of a predicate act against— 
‘‘(i) any property that is owned, leased, or used 
by the United States or by any department or 
agency of the United States, including an embassy 
or other diplomatic or consular premises of the 
United States; 
‘‘(ii) any person or property within the United 
States; 
‘‘(iii) any national of the United States or the 
property of such national; or 
‘‘(iv) any property of any legal entity organized 
under the laws of the United States, including any 
of its States, districts, commonwealths, territories, 
or possessions; 
‘‘(3) the offense is committed on board a vessel flying 
the flag of the United States or an aircraft which is reg-
istered under the laws of the United States at the time the 
offense is committed; 
‘‘(4) the offense is committed on board an aircraft which 
is operated by the United States; or 
‘‘(5) the offense was directed toward or resulted in the 
carrying out of a predicate act committed in an attempt to 
compel the United States to do or abstain from doing any 
act. 
‘‘(c) CONCEALMENT.—Whoever— 
‘‘(1)(A) is in the United States; or 
‘‘(B) is outside the United States and is a national of 
the United States or a legal entity organized under the 
laws of the United States (including any of its States, dis-
tricts, commonwealths, territories, or possessions); and 
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‘‘(2) knowingly conceals or disguises the nature, location, 
source, ownership, or control of any material support or re-
sources, or any funds or proceeds of such funds— 
‘‘(A) knowing or intending that the support or re-
sources are to be provided, or knowing that the support 
or resources were provided, in violation of section 
2339B of this title; or 
‘‘(B) knowing or intending that any such funds are 
to be provided or collected, or knowing that the funds 
were provided or collected, in violation of subsection 
(a), 
shall be punished as prescribed in subsection (d)(2). 
‘‘(d) PENALTIES.— 
‘‘(1) SUBSECTION (a).—Whoever violates subsection (a) 
shall be imprisoned for not more than 20 years. 
‘‘(2) SUBSECTION (c).—Whoever violates subsection (c) 
shall be imprisoned for not more than 10 years. 
‘‘(e) DEFINITIONS.—In this section— 
‘‘(1) the term ‘funds’ means assets of every kind, wheth-
er tangible or intangible, movable or immovable, however 
acquired, and legal documents or instruments in any form, 
including electronic or digital, evidencing title to, or inter-
est in, such assets, including coin, currency, bank credits, 
travelers checks, bank checks, money orders, shares, securi-
ties, bonds, drafts, and letters of credit; 
‘‘(2) the term ‘government facility’ means any permanent 
or temporary facility or conveyance that is used or occupied 
by representatives of a state, members of a government, the 
legislature, or the judiciary, or by officials or employees of 
a state or any other public authority or entity or by em-
ployees or officials of an intergovernmental organization in 
connection with their official duties; 
‘‘(3) the term ‘proceeds’ means any funds derived from 
or obtained, directly or indirectly, through the commission 
of an offense set forth in subsection (a); 
‘‘(4) the term ‘provides’ includes giving, donating, and 
transmitting; 
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‘‘(5) the term ‘collects’ includes raising and receiving; 
‘‘(6) the term ‘predicate act’ means any act referred to 
in subparagraph (A) or (B) of subsection (a)(1); 
‘‘(7) the term ‘treaty’ means— 
‘‘(A) the Convention for the Suppression of Unlawful 
Seizure of Aircraft, done at The Hague on December 
16, 1970; 
‘‘(B) the Convention for the Suppression of Unlawful 
Acts against the Safety of Civil Aviation, done at Mon-
treal on September 23, 1971; 
‘‘(C) the Convention on the Prevention and Punish-
ment of Crimes against Internationally Protected Per-
sons, including Diplomatic Agents, adopted by the Gen-
eral Assembly of the United Nations on December 14, 
1973; 
‘‘(D) the International Convention against the Tak-
ing of Hostages, adopted by the General Assembly of 
the United Nations on December 17, 1979; 
‘‘(E) the Convention on the Physical Protection of 
Nuclear Material, adopted at Vienna on March 3, 
1980; 
‘‘(F) the Protocol for the Suppression of Unlawful 
Acts of Violence at Airports Serving International Civil 
Aviation, supplementary to the Convention for the Sup-
pression of Unlawful Acts against the Safety of Civil 
Aviation, done at Montreal on February 24, 1988; 
‘‘(G) the Convention for the Suppression of Unlawful 
Acts against the Safety of Maritime Navigation, done 
at Rome on March 10, 1988; 
‘‘(H) the Protocol for the Suppression of Unlawful 
Acts against the Safety of Fixed Platforms located on 
the Continental Shelf, done at Rome on March 10, 
1988; or 
‘‘(I) the International Convention for the Suppres-
sion of Terrorist Bombings, adopted by the General As-
sembly of the United Nations on December 15, 1997; 
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‘‘(8) the term ‘intergovernmental organization’ includes 
international organizations; 
‘‘(9) the term ‘international organization’ has the same 
meaning as in section 136; 
‘‘(10) the term ‘armed conflict’ does not include internal 
disturbances and tensions, such as riots, isolated and spo-
radic acts of violence, and other acts of a similar nature; 
‘‘(11) the term ‘material support or resources’ has the 
same meaning given that term in section 2339B(g)(4) of 
this title; and 
‘‘(12) the term ‘state’ has the same meaning as that 
term has under international law, and includes all political 
subdivisions thereof. 
‘‘(f) CIVIL PENALTY.—In addition to any other criminal, 
civil, or administrative liability or penalty, any legal entity lo-
cated within the United States or organized under the laws of 
the United States, including any of the laws of its States, dis-
tricts, commonwealths, territories, or possessions, shall be liable 
to the United States for the sum of at least $10,000, if a per-
son responsible for the management or control of that legal en-
tity has, in that capacity, committed an offense set forth in 
subsection (a). 
‘‘§ 281. Receiving military-type training from a 
foreign terrorist organization 
‘‘(a) OFFENSE.—Whoever, if a circumstance exists that is 
described in section 279(d), knowingly receives military-type 
training from or on behalf of any organization designated at 
the time of the training by the Secretary of State under section 
219(a)(1) of the Immigration and Nationality Act as a foreign 
terrorist organization shall be imprisoned for ten years. To vio-
late this subsection, a person must have knowledge that the or-
ganization is a designated terrorist organization (as defined in 
subsection (c)(4)), that the organization has engaged or en-
gages in terrorist activity (as defined in section 212 of the Im-
migration and Nationality Act), or that the organization has 
engaged or engages in terrorism (as defined in section 
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140(d)(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989). 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘military-type training’ includes training in 
means or methods that can cause death or serious bodily 
injury, destroy or damage property, or disrupt services to 
critical infrastructure, or training on the use, storage, pro-
duction, or assembly of any explosive, firearm or other 
weapon, including any weapon of mass destruction (as de-
fined in section 2232a(c)(2)); 
‘‘(2) the term ‘critical infrastructure’ means systems and 
assets vital to national defense, national security, economic 
security, public health or safety including both regional and 
national infrastructure. Critical infrastructure may be pub-
licly or privately owned; examples of critical infrastructure 
include gas and oil production, storage, or delivery systems, 
water supply systems, telecommunications networks, elec-
trical power generation or delivery systems, financing and 
banking systems, emergency services (including medical, 
police, fire, and rescue services), and transportation sys-
tems and services (including highways, mass transit, air-
lines, and airports); and 
‘‘(3) the term ‘foreign terrorist organization’ means an 
organization designated as a terrorist organization under 
section 219(a)(1) of the Immigration and Nationality Act. 
‘‘§ 282. Civil remedies 
‘‘(a) ACTION
AND JURISDICTION.—Any national of the 
United States who suffers any loss by reason of an act of inter-
national terrorism, or the estate, survivors, or heirs of that na-
tional, may in a civil action in any appropriate district court 
of the United States recover threefold the damages sustained 
and the cost of the suit, including attorney’s fees. 
‘‘(b) ESTOPPEL UNDER UNITED STATES LAW.—A final 
judgment or decree rendered in favor of the United States in 
any criminal proceeding under section 102, 111, 112, 121, or 
123 of this title or section 46314, 46502, 46505, or 46506 of 
title 49 shall estop the defendant from denying the essential al-
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legations of the criminal offense in any subsequent civil pro-
ceeding under this section. 
‘‘(c) ESTOPPEL UNDER FOREIGN LAW.—A final judgment 
or decree rendered in favor of any foreign state in any criminal 
proceeding shall, to the extent that such judgment or decree 
may be accorded full faith and credit under the law of the 
United States, estop the defendant from denying the essential 
allegations of the criminal offense in any subsequent civil pro-
ceeding under this section. 
‘‘(d) GENERAL VENUE.—A civil action under this section 
may be instituted the United States district court for any dis-
trict where any plaintiff resides or where any defendant resides 
or is served, or has an agent. Process in such a civil action may 
be served in any district where the defendant resides, is found, 
or has an agent. 
‘‘(e) SPECIAL MARITIME OR TERRITORIAL JURISDICTION.— 
If the actions giving rise to the claim occurred within the spe-
cial maritime and territorial jurisdiction of the United States, 
then a civil action under this section may be instituted in the 
United States district court for any district in which any plain-
tiff resides or the defendant resides, is served, or has an agent. 
‘‘(f) SERVICE ON WITNESSES.—A witness in a civil action 
brought under this section may be served in any other district 
where the defendant resides, is found, or has an agent. 
‘‘(g) CONVENIENCE
OF
THE FORUM.—The district court 
shall not dismiss any action brought under this section on the 
grounds of the inconvenience or inappropriateness of the forum 
chosen, unless— 
‘‘(1) the action may be maintained in a foreign court 
that has jurisdiction over the subject matter and over all 
the defendants; 
‘‘(2) that foreign court is significantly more convenient 
and appropriate; and 
‘‘(3) that foreign court offers a remedy which is substan-
tially the same as the one available in the courts of the 
United States. 
‘‘(h) STATUTE OF LIMITATIONS.— 
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‘‘(1) Subject to subsection (b), a civil action under this 
section shall not be maintained unless commenced within 4 
years after the date the cause of action accrued. 
‘‘(2) The time of the absence of the defendant from the 
United States or from any jurisdiction in which the same 
or a similar action arising from the same facts may be 
maintained by the plaintiff, or of any concealment of the 
defendant’s whereabouts, shall not be included in the 4- 
year period set forth in paragraph (1). 
‘‘(i) ACTS OF WAR.—No action shall be maintained under 
this section of this title for injury or loss by reason of an act 
of war. 
‘‘(j) LIMITATION ON DISCOVERY.—If a party to an action 
under this section seeks to discover the investigative files of the 
Department of Justice, the Assistant Attorney General, Deputy 
Attorney General, or Attorney General may object on the 
ground that compliance will interfere with a criminal investiga-
tion or prosecution of the incident, or a national security oper-
ation related to the incident, which is the subject of the civil 
litigation. The court shall evaluate any such objections in cam-
era and shall stay the discovery if the court finds that granting 
the discovery request will substantially interfere with a criminal 
investigation or prosecution of the incident or a national secu-
rity operation related to the incident. The court shall consider 
the likelihood of criminal prosecution by the Government and 
other factors it deems to be appropriate. A stay of discovery 
under this subsection shall constitute a bar to the granting of 
a motion to dismiss under rules 12(b)(6) and 56 of the Federal 
Rules of Civil Procedure. If the court grants a stay of discovery 
under this subsection, it may stay the action in the interests 
of justice. 
‘‘(k) STAY OF ACTION FOR CIVIL REMEDIES.— 
‘‘(1) The Attorney General may intervene in any civil ac-
tion brought under this section for the purpose of seeking 
a stay of the civil action. A stay shall be granted if the 
court finds that the continuation of the civil action will sub-
stantially interfere with a criminal prosecution which in-
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volves the same subject matter and in which an indictment 
has been returned, or interfere with national security oper-
ations related to the terrorist incident that is the subject 
of the civil action. A stay may be granted for up to 6 
months. The Attorney General may petition the court for 
an extension of the stay for additional 6-month periods 
until the criminal prosecution is completed or dismissed. 
‘‘(2) In a proceeding under this subsection, the Attorney 
General may request that any order issued by the court for 
release to the parties and the public omit any reference to 
the basis on which the stay was sought. 
‘‘(l) SUITS AGAINST GOVERNMENTS.—No action shall be 
maintained under this section against— 
‘‘(1) the United States, an agency of the United States, 
or an officer or employee of the United States or any agen-
cy thereof acting within his or her official capacity or under 
color of legal authority; or 
‘‘(2) a foreign state, an agency of a foreign state, or an 
officer or employee of a foreign state or an agency thereof 
acting within his or her official capacity or under color of 
legal authority. 
‘‘(m) EXCLUSIVE JURISDICTION.—The district courts of the 
United States shall have exclusive original jurisdiction over an 
action brought under this section. 
‘‘§ 283. Definitions for subchapter 
‘‘As used in this subchapter— 
‘‘(1) the term ‘international terrorism’ means activities 
that— 
‘‘(A) involve violent acts or acts dangerous to human 
life that are a violation of the criminal laws of the 
United States or of any State, or that would be a 
criminal violation if committed within the jurisdiction 
of the United States or of any State; 
‘‘(B) appear to be intended— 
‘‘(i) to intimidate or coerce a civilian population; 
‘‘(ii) to influence the policy of a government by 
intimidation or coercion; or 
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‘‘(iii) to affect the conduct of a government by 
mass destruction, assassination, or kidnapping; and 
‘‘(C) occur primarily outside the territorial jurisdic-
tion of the United States, or transcend national bound-
aries in terms of the means by which they are accom-
plished, the persons they appear intended to intimidate 
or coerce, or the locale in which their perpetrators op-
erate or seek asylum; 
‘‘(3) the term ‘person’ means any individual or entity ca-
pable of holding a legal or beneficial interest in property; 
‘‘(4) the term ‘act of war’ means any act occurring in 
the course of— 
‘‘(A) declared war; 
‘‘(B) armed conflict, whether or not war has been de-
clared, between two or more nations; or 
‘‘(C) armed conflict between military forces of any 
origin; and 
‘‘(5) the term ‘domestic terrorism’ means activities 
that— 
‘‘(A) involve acts dangerous to human life that are 
a violation of the criminal laws of the United States or 
of any State; 
‘‘(B) appear to be intended— 
‘‘(i) to intimidate or coerce a civilian population; 
‘‘(ii) to influence the policy of a government by 
intimidation or coercion; or 
‘‘(iii) to affect the conduct of a government by 
mass destruction, assassination, or kidnapping; and 
‘‘(C) occur primarily within the territorial jurisdic-
tion of the United States. 
‘‘SUBCHAPTER C—MILITARY AND NAVY 
‘‘Sec. 
‘‘291.
Entering military, naval, or Coast Guard property. 
‘‘292.
Use of Army and Air Force as posse comitatus. 
‘‘293.
Prohibition on disruptions of funerals of members or former mem-
bers of the Armed Forces. 
‘‘294.
Demonstrations at cemeteries under the control of the National 
Cemetery Administration and at Arlington National Cemetery. 
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‘‘§ 291. Entering military, naval, or Coast Guard 
property 
‘‘Whoever— 
‘‘(1) within the jurisdiction of the United States, goes 
upon any military, naval, or Coast Guard reservation, post, 
fort, arsenal, yard, station, or installation, for any purpose 
prohibited by law or lawful regulation; or 
‘‘(2) reenters or is found within any such reservation, 
post, fort, arsenal, yard, station, or installation, after hav-
ing been removed therefrom or ordered not to reenter by 
any officer or person in command or charge thereof; 
shall be or imprisoned not more than six months. 
‘‘§ 292. Use of Army and Air Force as posse com-
itatus 
‘‘Whoever, except in cases and under circumstances expressly 
authorized by the Constitution or Act of Congress, knowingly 
uses any part of the Army or the Air Force as a posse com-
itatus or otherwise to execute the laws shall be imprisoned not 
more than two years. 
‘‘§ 293. Disruptions of funerals of members or 
former members of the Armed Forces 
‘‘(a) OFFENSE.—Whoever engages in disruptive activity at a 
covered funeral of a member or former member of the Armed 
services shall be imprisoned not more than one year. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘disruptive activity’ means— 
‘‘(A) during the period beginning 60 minutes before 
and ending 60 minutes after such funeral, knowingly 
making noise or a diversion with intent to disturb the 
peace and good order of the funeral that— 
‘‘(i) is not part of the funeral; and 
‘‘(ii) takes place within the boundaries of the lo-
cation of such funeral or takes place within 150 
feet of the point of the intersection between the 
boundary of the location of such funeral and a 
road, pathway, or other route of ingress to or 
egress from the location of such funeral; or 
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‘‘(B)intentionally and without authorization, within 
300 feet of the boundary of the location of such fu-
neral, impeding access to or egress from the location of 
the funeral; 
‘‘(2) the term ‘covered funeral’ means a ceremony or me-
morial service held in connection with the burial or crema-
tion of a member or former member of the Armed Forces, 
which is not located at a cemetery under the control of the 
National Cemetery Administration or part of Arlington Na-
tional Cemetery; 
‘‘(3) the term ‘Armed Forces’ has the meaning given the 
term in section 101 of title 10; 
‘‘(4) The term ‘boundary of the location’, with respect to 
the place a covered funeral is held, means— 
‘‘(A) the property line of the place, if the place is 
cemetery, mortuary, or house of worship; and 
‘‘(B) the reasonable property line of any other loca-
tion. 
‘‘§ 294. Demonstrations at cemeteries under the 
control of the National Cemetery Adminis-
tration and at Arlington National Ceme-
tery 
‘‘Whoever violates section 2413 of title 38 shall be impris-
oned for not more than one year. 
‘‘SUBCHAPTER D—CIVIL DISORDERS AND RIOTS 
‘‘Sec. 
‘‘296.
Civil disorders. 
‘‘§ 296. Civil disorders 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) teaches or demonstrates to any other person the 
use, application, or making of any firearm or explosive or 
incendiary device, or technique capable of causing injury or 
death to persons, knowing or having reason to know or in-
tending that the same will be unlawfully employed for use 
in, or in furtherance of, a civil disorder which is in or af-
fects interstate or foreign commerce or the performance of 
any federally protected function; 
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‘‘(2) transports or manufactures for transportation in or af-
fecting interstate or foreign commerce any firearm or explosive 
or incendiary device, knowing or having reason to know or in-
tending that the same will be used unlawfully in furtherance of 
a civil disorder; or 
‘‘(3) commits or attempts to commit any act to obstruct, im-
pede, or interfere with any fireman or law enforcement officer 
lawfully engaged in the lawful performance of official duties in-
cident to and during the commission of a civil disorder which 
is in or affects commerce or the conduct or performance of any 
federally protected function; 
shall be imprisoned not more than five years. 
‘‘(b) LAW ENFORCMENT EXCLUSION.—Nothing in this sec-
tion makes unlawful any act of any law enforcement officer 
which is performed in the lawful performance of official duties. 
‘‘(c) DEFINTIONS.—The following definitions apply in this 
section: 
‘‘(1) The term ‘civil disorder’ means any public disturb-
ance involving acts of violence by assemblages of three or 
more persons, which causes an immediate danger of or re-
sults in damage or injury to the property or person of any 
other individual. 
‘‘(2) The term ‘federally protected function’ means any 
function, operation, or action carried out, under the laws 
of the United States, by any department, agency, or instru-
mentality of the United States or by an officer or employee 
thereof; and such term includes the collection and distribu-
tion of the United States mails. 
‘‘(3) The term ‘firearm’ means any weapon which is de-
signed to or may readily be converted to expel any projec-
tile by the action of an explosive; or the frame or receiver 
of any such weapon. 
‘‘(4) The term ‘explosive or incendiary device’ means— 
‘‘(A) dynamite and all other forms of high explosives; 
‘‘(B) any explosive bomb, grenade, missile, or similar 
device; and 
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‘‘(C) any incendiary bomb or grenade, fire bomb, or 
similar device, including any device which— 
‘‘(i) consists of or includes a breakable container 
including a flammable liquid or compound, and a 
wick composed of any material which, when ignited, 
is capable of igniting such flammable liquid or com-
pound; and 
‘‘(ii) can be carried or thrown by one individual 
acting alone. 
‘‘(5) The term ‘fireman’ means any member of a fire de-
partment (including a volunteer fire department) of any 
State, any political subdivision of a State. 
‘‘(6) The term ‘law enforcement officer’ means any offi-
cer or employee of the United States, of any State or any 
political subdivision of a State while engaged in the en-
forcement or prosecution of any of the criminal laws of the 
United States or of that State or subdivision; and such 
term includes members of the National Guard (as defined 
in section 101 of title 10), members of the organized militia 
of a State (as defined in section 101 of title 10), and mem-
bers of the Armed Forces of the United States, while en-
gaged in suppressing acts of violence or restoring law and 
order during a civil disorder. 
‘‘(d) NON-PREMPTION.—Nothing in this section shall be con-
strued as indicating an intent on the part of Congress to oc-
cupy the field in which any provision of this section operate to 
the exclusion of State or local laws on the same subject matter, 
nor shall any provision of this section be construed to invalidate 
any provision of State law, unless such provision is inconsistent 
with any of the purposes of this section or any provision there-
of. 
‘‘SUBCHAPTER E—ESPIONAGE AND CENSORSHIP 
‘‘Sec. 
‘‘301.
General provisions for subchapter. 
‘‘302.
Gathering or transmitting defense information. 
‘‘303.
Losing defense information. 
‘‘304.
Disclosure of classified and other similarly protected information. 
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100 
‘‘§ 301. General provisions for subchapter 
‘‘(a) DEFINITION.—In this subchapter, the term ‘foreign 
power’ has the meaning given that term in section 101(a) of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801(a)). 
‘‘(b) EXCLUSION RELATING TO LAWFUL DEMANDS OF CON-
GRESS.—Nothing in this subchapter prohibits the furnishing, 
upon lawful demand, of information to any regularly con-
stituted committee of the Senate or House of Representatives 
of the United States of America, or joint committee thereof. 
‘‘§ 302. Gathering or transmitting defense informa-
tion 
‘‘Whoever, with intent or reason to believe that the informa-
tion will be used to the injury of the United States, or to the 
advantage of any foreign power, knowingly— 
‘‘(1) obtains information connected with the national de-
fense; or 
‘‘(2) provides information connected with the national 
defense to any person not entitled to receive it; 
shall be imprisoned for life or for any term of years, and if 
death results, shall be subject to the death penalty. 
‘‘§ 303. Losing defense information 
‘‘Whoever, or having lawful possession or control of any in-
formation connected with the national defense— 
‘‘(1) recklessly permits that information to be lost, sto-
len, or destroyed; or 
‘‘(2) knowing that the information has been lost, or sto-
len, or destroyed, fails to make prompt report of that fact 
to an appropriate superior officer; 
shall be imprisoned not more than 20 years. 
‘‘§ 304. Disclosure of classified and other similarly 
protected information 
‘‘(a) OFFENSE.—Whoever knowingly provides protected in-
formation to a person not entitled to receive it, or knowingly 
uses protected information to the injury of the United States, 
or to the advantage of any foreign power shall be imprisoned 
not more than 20 years. 
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101 
‘‘(b) DEFINITIONS.—In this section— 
‘‘(1) the term ‘protected information’ means any classi-
fied information or any Restricted Data (as defined for the 
purposes of the Atomic Energy Act of 1954); 
‘‘(2) the term ‘classified information’ means information 
which, at the time of a violation of this section, is, for rea-
sons of national security, specifically designated by a 
United States Government authority for limited or re-
stricted dissemination or distribution— 
‘‘(A) concerning the nature, preparation, or use of 
any code, cipher, or cryptographic system of the United 
States or any foreign power; 
‘‘(B) concerning the design, construction, use, main-
tenance, or repair of any device, apparatus, or appli-
ance used or prepared or planned for use by the United 
States or any foreign power for cryptographic or com-
munication intelligence purposes; 
‘‘(C) concerning the communication intelligence ac-
tivities of the United States or any foreign power; or 
‘‘(D) obtained by the processes of communication in-
telligence from the communications of any foreign 
power, knowing the same to have been obtained by 
such processes; and 
‘‘(3) the terms ‘code’, ‘cipher’, and ‘cryptographic sys-
tem’ include any method of secret writing and any mechan-
ical or electrical device or method used for the purpose of 
disguising or concealing the contents, significance, or 
meanings of communications. 
‘‘SUBCHAPTER F—IMMIGRATION AND NATIONALITY 
‘‘Sec. 
‘‘311.
False statement in application and use of passport. 
‘‘312.
Forgery or false use of passport. 
‘‘313.
Misuse of passport. 
‘‘314.
Fraud and misuse of visas, permits, and other documents. 
‘‘315.
Procurement of citizenship or naturalization unlawfully. 
‘‘316.
Sale of naturalization or citizenship papers. 
‘‘317.
Penalties related to removal. 
‘‘318.
Bringing in and harboring certain aliens. 
‘‘319.
Entry of alien at improper time or place; misrepresentation and con-
cealment of facts. 
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102 
‘‘320.
Reentry of removed alien. 
‘‘321.
Aiding or assisting certain aliens to enter the United States. 
‘‘322.
Increased penalty for certain terrorism related offenses. 
‘‘§ 311. False statement in application and use of 
passport 
‘‘Whoever— 
‘‘(1) knowingly makes any false statement in an applica-
tion for passport with intent to induce or secure the 
issuance of a passport under the authority of the United 
States, either for his own use or the use of another, con-
trary to the laws regulating the issuance of passports or 
the rules prescribed pursuant to such laws; or 
‘‘(2) knowingly uses or attempts to use, or furnishes to 
another for use any passport the issue of which was se-
cured in any way by reason of any false statement; 
shall be imprisoned not more than 15 years. 
‘‘§ 312. Forgery or false use of passport 
‘‘Whoever— 
‘‘(1) falsely makes, forges, counterfeits, mutilates, or al-
ters any passport or instrument purporting to be a pass-
port, with intent that the same may be used; or 
‘‘(2) knowingly uses, or attempts to use, or furnishes to 
another for use any such false, forged, counterfeited, muti-
lated, or altered passport or instrument purporting to be a 
passport, or any passport validly issued which has become 
void by the occurrence of any condition therein prescribed 
invalidating the same; 
shall be imprisoned not more than 15 years. 
‘‘§ 313. Misuse of passport 
‘‘Whoever— 
‘‘(1) knowingly uses, or attempts to use, any passport 
issued or designed for the use of another; 
‘‘(2) knowingly uses or attempts to use any passport in 
violation of the conditions or restrictions therein contained, 
or of the rules prescribed pursuant to the laws regulating 
the issuance of passports; or 
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103 
‘‘(3) knowingly furnishes, disposes of, or delivers a pass-
port to any person, for use by another than the person for 
whose use it was originally issued and designed; 
shall be imprisoned not more than 15 years (in the case of any 
other offense). 
‘‘§ 314. Fraud and misuse of visas, permits, and 
other documents 
‘‘(a) FORGERY AND SIMILAR CONDUCT.—Whoever— 
‘‘(1) knowingly forges, counterfeits, alters, or falsely 
makes any immigrant or nonimmigrant visa, permit, border 
crossing card, alien registration receipt card, or other docu-
ment prescribed by statute or regulation for entry into or 
as evidence of authorized stay or employment in the United 
States, or utters, uses, attempts to use, possesses, obtains, 
accepts, or receives any such visa, permit, border crossing 
card, alien registration receipt card, or other document pre-
scribed by statute or regulation for entry into or as evi-
dence of authorized stay or employment in the United 
States, knowing it to be forged, counterfeited, altered, or 
falsely made, or to have been procured by means of any 
false claim or statement, or to have been otherwise pro-
cured by fraud or unlawfully obtained; 
‘‘(2) except under direction of the Attorney General or 
the Secretary of Homeland Security, or other proper offi-
cer, knowingly possesses any blank permit, or engraves, 
sells, brings into the United States, or has in his control 
or possession any plate in the likeness of a plate designed 
for the printing of permits, or makes any print, photo-
graph, or impression in the likeness of any immigrant or 
nonimmigrant visa, permit or other document required for 
entry into the United States, or has in his possession a dis-
tinctive paper which has been adopted by the Attorney 
General or Secretary of Homeland Security for the printing 
of such visas, permits, or documents; 
‘‘(3) when applying for an immigrant or nonimmigrant 
visa, permit, or other document required for entry into the 
United States, or for admission to the United States 
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104 
personates another, or falsely appears in the name of a de-
ceased individual, or evades or attempts to evade the immi-
gration laws by appearing under an assumed or fictitious 
name without disclosing his true identity, or sells or other-
wise disposes of, or offers to sell or otherwise dispose of, 
or utters, such visa, permit, or other document, to any per-
son not authorized by law to receive such document; or 
‘‘(4) knowingly makes under oath, or as permitted under 
penalty of perjury under section 1746 of title 28, knowingly 
subscribes as true, any false statement with respect to a 
material fact in any application, affidavit, or other docu-
ment required by the immigration laws or regulations pre-
scribed thereunder, or knowingly presents any such applica-
tion, affidavit, or other document which contains any such 
false statement or which fails to contain any reasonable 
basis in law or fact; 
shall be imprisoned not more than 15 years. 
‘‘(b) USE OF FORGED OF SIMILAR DOCUMENTS.—Whoever 
uses— 
‘‘(1) an identification document, knowing or having rea-
son to know that the document was not issued lawfully for 
the use of the possessor; 
‘‘(2) an identification document knowing (or having rea-
son to know) that the document is false; or 
‘‘(3) a false attestation, 
for the purpose of satisfying a requirement of section 274A(b) 
of the Immigration and Nationality Act, shall be imprisoned 
not more than 5 years. 
‘‘(c) EXCLUSION.—This section does not prohibit any law-
fully authorized investigative, protective, or intelligence activity 
of a law enforcement agency of the United States, a State, or 
a subdivision of a State, or of an intelligence agency of the 
United States, or any activity authorized under title V of the 
Organized Crime Control Act of 1970 (18 U.S.C. note prec. 
3481). 
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105 
‘‘§ 315. Procurement of citizenship or naturaliza-
tion unlawfully 
‘‘Whoever— 
‘‘(1) knowingly procures or attempts to procure, contrary 
to law, the naturalization of any person, or documentary or 
other evidence of naturalization or of citizenship; or 
‘‘(2) whether for himself or another person not entitled 
thereto, knowingly issues, procures or obtains or applies for 
or otherwise attempts to procure or obtain naturalization, 
or citizenship, or a declaration of intention to become a cit-
izen, or a certificate of arrival or any certificate or evidence 
of nationalization or citizenship, documentary or otherwise, 
or duplicates or copies of any of the foregoing; 
shall be imprisoned not more than 15 years. 
‘‘§ 316. Sale of naturalization or citizenship papers 
‘‘Whoever unlawfully sells or disposes of a declaration of in-
tention to become a citizen, certificate of naturalization, certifi-
cate of citizenship or copies or duplicates or other documentary 
evidence of naturalization or citizenship, shall be imprisoned 15 
years. 
‘‘§ 317. Penalties related to removal 
‘‘(a) PENALTY FOR FAILURE TO DEPART.— 
‘‘(1) IN
GENERAL.—Any alien against whom a final 
order of removal is outstanding by reason of being a mem-
ber of any of the classes described in section 237(a) of the 
Immigration and Nationality Act, who— 
‘‘(A) knowingly fails or refuses to depart from the 
United States within a period of 90 days from the date 
of the final order of removal under administrative proc-
esses, or if judicial review is had, then from the date 
of the final order of the court, 
‘‘(B) knowingly fails or refuses to make timely appli-
cation in good faith for travel or other documents nec-
essary to the alien’s departure, 
‘‘(C) connives or conspires, or takes any other action, 
designed to prevent or hamper or with the purpose of 
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106 
preventing or hampering the alien’s departure pursuant 
to such, or 
‘‘(D) knowingly fails or refuses to present himself or 
herself for removal at the time and place required by 
the Attorney General pursuant to such order, 
shall be imprisoned not more than four years (or 10 years 
if the alien is a member of any of the classes described in 
paragraph (1)(E), (2), (3), or (4) of section 237(a) of the 
Immigration and Nationality Act). 
‘‘(2) EXCEPTION.—It is not a violation of paragraph (1) 
to take any proper steps for the purpose of securing can-
cellation of or exemption from such order of removal or for 
the purpose of securing the alien’s release from incarcer-
ation or custody. 
‘‘(3) SUSPENSION.—The court may for good cause sus-
pend the sentence of an alien under this subsection and 
order the alien’s release under such conditions as the court 
may prescribe. In determining whether good cause has been 
shown to justify releasing the alien, the court shall take 
into account such factors as— 
‘‘(A) the age, health, and period of detention of the 
alien; 
‘‘(B) the effect of the alien’s release upon the na-
tional security and public peace or safety; 
‘‘(C) the likelihood of the alien’s resuming or fol-
lowing a course of conduct which made or would make 
the alien deportable; 
‘‘(D) the character of the efforts made by such alien 
himself and by representatives of the country or coun-
tries to which the alien’s removal is directed to expedite 
the alien’s departure from the United States; 
‘‘(E) the reason for the inability of the Government 
of the United States to secure passports, other travel 
documents, or removal facilities from the country or 
countries to which the alien has been ordered removed; 
and 
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107 
‘‘(F) the eligibility of the alien for discretionary relief 
under the immigration laws. 
‘‘(b) FAILURE TO COMPLY WITH TERMS
OF RELEASE 
UNDER SUPERVISION.—An alien who knowingly fails to comply 
with regulations or requirements issued pursuant to section 
241(a)(3) of the Immigration and Nationality Act or knowingly 
give false information in response to an inquiry under such sec-
tion shall be imprisoned for not more than one year. 
‘‘(c) PENALTIES RELATING TO VESSELS AND AIRCRAFT.— 
‘‘(1) CIVIL PENALTIES.— 
‘‘(A) FAILURE TO CARRY OUT CERTAIN ORDERS.—If 
the Attorney General is satisfied that a person has vio-
lated subsection (d) or (e) of section 241 of the Immi-
gration and Nationality Act, the person shall pay to the 
Commissioner the sum of $2,000 for each violation. 
‘‘(B) FAILURE TO REMOVE ALIEN STOWAWAYS.—If 
the Attorney General is satisfied that a person has 
failed to remove an alien stowaway as required under 
section 241(d)(2) of the Immigration and Nationality 
Act, the person shall pay to the Commissioner the sum 
of $5,000 for each alien stowaway not removed. 
‘‘(C) NO COMPROMISE.—The Attorney General may 
not compromise the amount of such penalty under this 
paragraph. 
‘‘(2) CLEARING VESSELS AND AIRCRAFT.— 
‘‘(A) CLEARANCE
BEFORE
DECISION
ON
LIABIL-
ITY.—A vessel or aircraft may be granted clearance be-
fore a decision on liability is made under paragraph (1) 
only if a bond approved by the Attorney General or an 
amount sufficient to pay the civil penalty is deposited 
with the Commissioner. 
‘‘(B) PROHIBITION ON CLEARANCE WHILE PENALTY 
UNPAID.—A vessel or aircraft may not be granted 
clearance if a civil penalty imposed under paragraph 
(1) is not paid. 
‘‘(d) DISCONTINUING GRANTING VISAS TO NATIONALS OF 
COUNTRY DENYING
OR DELAYING ACCEPTING ALIEN.—On 
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108 
being notified by the Attorney General that the government of 
a foreign country denies or unreasonably delays accepting an 
alien who is a citizen, subject, national, or resident of that 
country after the Attorney General asks whether the govern-
ment will accept the alien under this section, the Secretary of 
State shall order consular officers in that foreign country to 
discontinue granting immigrant visas or nonimmigrant visas, or 
both, to citizens, subjects, nationals, and residents of that 
country until the Attorney General notifies the Secretary that 
the country has accepted the alien. 
‘‘§ 318. Bringing in and harboring certain aliens 
‘‘(a) CRIMINAL PENALTIES.—(1)(A) Whoever— 
‘‘(i) knowing that a person is an alien, brings to or at-
tempts to bring to the United States in any manner what-
soever such person at a place other than a designated port 
of entry or place other than as designated by the Commis-
sioner, regardless of whether such alien has received prior 
official authorization to come to, enter, or reside in the 
United States and regardless of any future official action 
which may be taken with respect to such alien; 
‘‘(ii) knowing or in reckless disregard of the fact that an 
alien has come to, entered, or remains in the United States 
in violation of law, transports, or moves or attempts to 
transport or move such alien within the United States by 
means of transportation or otherwise, in furtherance of 
such violation of law; 
‘‘(iii) knowing or in reckless disregard of the fact that 
an alien has come to, entered, or remains in the United 
States in violation of law, conceals, harbors, or shields from 
detection, or attempts to conceal, harbor, or shield from de-
tection, such alien in any place, including any building or 
any means of transportation; 
‘‘(iv) encourages or induces an alien to come to, enter, 
or reside in the United States, knowing or in reckless dis-
regard of the fact that such coming to, entry, or residence 
is or will be in violation of law; or 
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‘‘(v) engages in any conspiracy to commit any of the pre-
ceding acts; 
shall be punished as provided in subparagraph (B). 
‘‘(B) Whoever violates subparagraph (A) shall, for each alien 
in respect to whom such a violation occurs— 
‘‘(i) in the case of a violation of subparagraph (A)(i) or 
(v)(I) or in the case of a violation of subparagraph (A)(ii), 
(iii), or (iv) in which the offense was done for the purpose 
of commercial advantage or private financial gain, be im-
prisoned not more than 10 years; 
‘‘(ii) in the case of a violation of subparagraph (A) (ii), 
(iii), (iv), or (v)(II) be imprisoned not more than 5 years; 
‘‘(iii) in the case of a violation of subparagraph (A) (i), 
(ii), (iii), (iv), or (v) during and in relation to which the 
person causes serious bodily injury to, or places in jeopardy 
the life of, any person, be imprisoned not more than 20 
years; and 
‘‘(iv) in the case of a violation of subparagraph (A) (i), 
(ii), (iii), (iv), or (v) resulting in the death of any person, 
be punished by death or imprisoned for any term of years 
or for life. 
‘‘(2) Whoever, knowing or in reckless disregard of the fact 
that an alien has not received prior official authorization to 
come to, enter, or reside in the United States, brings to or at-
tempts to bring to the United States in any manner whatso-
ever, such alien, regardless of any official action which may 
later be taken with respect to such alien shall, for each alien 
in respect to whom a violation of this paragraph occurs— 
‘‘(A) be imprisoned not more than one year; or 
‘‘(B) in the case of— 
‘‘(i) an offense committed with the intent or with 
reason to believe that the alien unlawfully brought into 
the United States will commit an offense against the 
United States or any State punishable by imprisonment 
for more than 1 year, 
‘‘(ii) an offense done for the purpose of commercial 
advantage or private financial gain, or 
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‘‘(iii) an offense in which the alien is not upon ar-
rival immediately brought and presented to an appro-
priate immigration officer at a designated port of 
entry, 
be imprisoned not less than 5 nor more than 15 years. 
‘‘(3)(A) Whoever, during any 12-month period, knowingly 
hires for employment at least 10 individuals with actual knowl-
edge that the individuals are aliens described in subparagraph 
(B) shall be imprisoned for not more than 5 years. 
‘‘(B) An alien described in this subparagraph is an alien 
who— 
‘‘(i) is an unauthorized alien (as defined in section 
274A(h)(3)), and 
‘‘(ii) has been brought into the United States in violation 
of this subsection. 
‘‘(4) In the case of a person who has brought aliens into the 
United States in violation of this subsection, the sentence oth-
erwise provided for may be increased by up to 10 years if— 
‘‘(A) the offense was part of an ongoing commercial or-
ganization or enterprise; 
‘‘(B) aliens were transported in groups of 10 or more; 
and 
‘‘(C)(i) aliens were transported in a manner that endan-
gered their lives; or 
‘‘(ii) the aliens presented a life-threatening health risk to 
people in the United States. 
‘‘(b) AUTHORITY TO ARREST.—No officer or person shall 
have authority to make any arrest for a violation of any provi-
sion of this section except officers and employees of the Service 
designated by the Attorney General, either individually or as a 
member of a class, and all other officers whose duty it is to 
enforce criminal laws. 
‘‘(c) AUDIOVISUALLY PRESERVED DEPOSITIONS.—Notwith-
standing any provision of the Federal Rules of Evidence, the 
videotaped (or otherwise audiovisually preserved) deposition of 
a witness to a violation of subsection (a) who has been deported 
or otherwise expelled from the United States, or is otherwise 
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unable to testify, may be admitted into evidence in an action 
brought for that violation if the witness was available for cross 
examination and the deposition otherwise complies with the 
Federal Rules of Evidence. 
‘‘(d) OUTREACH PROGRAM.—The Secretary of Homeland Se-
curity, in consultation with the Attorney General and the Sec-
retary of State, as appropriate, shall develop and implement an 
outreach program to educate the public in the United States 
and abroad about the penalties for bringing in and harboring 
aliens in violation of this section. 
‘‘§ 319. Entry of alien at improper time or place; 
misrepresentation and concealment of 
facts 
‘‘(a) ENTRY.—Any alien who— 
‘‘(1) enters or attempts to enter the United States at 
any time or place other than as designated by immigration 
officers; 
‘‘(2) eludes examination or inspection by immigration of-
ficers; or 
‘‘(3) attempts to enter or obtains entry to the United 
States by a knowingly false or misleading representation or 
the knowingly concealment of a material fact; 
shall, for the first commission of any such offense, be impris-
oned not more than 6 months, and, for a subsequent commis-
sion of any such offense, be imprisoned not more than 2 years. 
‘‘(b) APPREHENSION WHILE ENTERING.—Any alien who is 
apprehended while entering (or attempting to enter) the United 
States at a time or place other than as designated by immigra-
tion officers shall be subject to a civil penalty of— 
‘‘(1) at least $50 and not more than $250 for each such 
entry (or attempted entry); or 
‘‘(2) twice the amount specified in paragraph (1) in the 
case of an alien who has been previously subject to a civil 
penalty under this subsection. 
Civil penalties under this subsection are in addition to, and not 
in lieu of, any criminal or other civil penalties that may be im-
posed. 
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‘‘(c) MARRIAGE.—An individual who knowingly enters into a 
marriage for the purpose of evading any provision of the immi-
gration laws shall be imprisoned for not more than 5 years. 
‘‘(d) COMMERCIAL ENTERPRISE.—Whoever knowingly estab-
lishes a commercial enterprise for the purpose of evading any 
provision of the immigration laws shall be imprisoned for not 
more than 5 years. 
‘‘§ 320. Reentry of removed alien 
‘‘(a) OFFENSE.—Subject to subsection (b), any alien who— 
‘‘(1) has been denied admission, excluded, deported, or 
removed or has departed the United States while an order 
of exclusion, deportation, or removal is outstanding; and 
‘‘(2) thereafter enters, attempts to enter, or is at any 
time found in, the United States, unless (A) prior to his 
reembarkation at a place outside the United States or his 
application for admission from foreign contiguous territory, 
the Attorney General has expressly consented to such 
alien’s reapplying for admission; or (B) with respect to an 
alien previously denied admission and removed, unless such 
alien shall establish that he was not required to obtain such 
advance consent under this or any prior Act, 
shall be imprisoned not more than 2 years. 
‘‘(b) INCREASED PENALTY.—In the case of any alien vio-
lating subsection (a)— 
‘‘(1) whose removal was subsequent to a conviction for 
commission of three or more misdemeanors involving drugs, 
crimes against the person, or both, or a felony (other than 
an aggravated felony), such alien shall be imprisoned not 
more than 10 years; 
‘‘(2) whose removal was subsequent to a conviction for 
commission of an aggravated felony, such alien shall be im-
prisoned not more than 20 years; 
‘‘(3) who has been excluded from the United States pur-
suant to section 235(c) of the Immigration and Nationality 
Act because the alien was excludable under section 
212(a)(3)(B) of such Act or who has been removed from 
the United States pursuant to title V of such Act, and who 
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thereafter, without the permission of the Attorney General, 
enters the United States, or attempts to do so, shall be im-
prisoned for a period of 10 years, which sentence shall not 
run concurrently with any other sentence; or 
‘‘(4) who was removed from the United States pursuant 
to section 241(a)(4)(B) of such Act who thereafter, without 
the permission of the Attorney General, enters, attempts to 
enter, or is at any time found in, the United States (unless 
the Attorney General has expressly consented to such 
alien’s reentry) shall be imprisoned for not more than 10 
years. 
For the purposes of this subsection, the term ‘removal’ includes 
any agreement in which an alien stipulates to removal during 
(or not during) a criminal trial under either Federal or State 
law. 
‘‘(c) REENTRY.—Any alien deported pursuant to section 
242(h)(2) of the Immigration and Nationality Act who enters, 
attempts to enter, or is at any time found in, the United States 
(unless the Attorney General has expressly consented to such 
alien’s reentry) shall be incarcerated for the remainder of the 
sentence of imprisonment which was pending at the time of de-
portation without any reduction for parole or supervised re-
lease. Such alien shall be subject to such other penalties relat-
ing to the reentry of deported aliens as may be available under 
this section or any other provision of law. 
‘‘(d) CHALLENGE OF VALIDITY OF ORDER.—In a criminal 
proceeding under this section, an alien may not challenge the 
validity of the deportation order described in subsection (a)(1) 
or subsection (b) unless the alien demonstrates that— 
‘‘(1) the alien exhausted any administrative remedies 
that may have been available to seek relief against the 
order; 
‘‘(2) the deportation proceedings at which the order was 
issued improperly deprived the alien of the opportunity for 
judicial review; and 
‘‘(3) the entry of the order was fundamentally unfair. 
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‘‘§ 321. Aiding or assisting certain aliens to enter 
the United States 
‘‘Whoever knowingly aids or assists any alien inadmissible 
under section 212(a)(2) of the Immigration and Nationality 
Act (insofar as an alien inadmissible under such section has 
been convicted of an aggravated felony) or 212(a)(3) of such 
Act (other than subparagraph (E) thereof) to enter the United 
States, or who connives or conspires with any person or persons 
to allow, procure, or permit any such alien to enter the United 
States, shall be or imprisoned not more than 10 years. 
‘‘§ 322. Increased penalty for certain terrorism re-
lated offenses 
‘‘Whoever violates this subchapter shall, if the maximum im-
prisonment for the offense is less but for this section, be im-
prisoned not more than 25 years if the offense was committed 
to facilitate an act of international terrorism (as defined in sec-
tion 2331 of this title), and 20 years (if the offense was com-
mitted to facilitate a drug trafficking crime (as defined in sec-
tion 592). 
‘‘CHAPTER 17—DRUG CRIMES 
‘‘Sec. 
‘‘401.
Definitions for chapter. 
‘‘402.
Basic offenses. 
‘‘403.
Basic punishment structure. 
‘‘404.
Offenses involving protected persons. 
‘‘405.
Enhancement for offenses involving protected places. 
‘‘406.
Maintaining drug-involved premises. 
‘‘407.
Distribution in or near schools. 
‘‘408.
Listed chemicals. 
‘‘409.
Domestic regulatory offenses. 
‘‘410.
Additional domestic regulatory offenses. 
‘‘411.
Penalty for simple possession. 
‘‘412.
Civil penalty for possession of small amounts of certain controlled 
substances. 
‘‘413.
Continuing criminal enterprise. 
‘‘414.
Drug paraphernalia. 
‘‘415.
Proceedings to establish prior convictions. 
‘‘416.
Anhydrous ammonia. 
‘‘417.
Controlled substances import and export offenses. 
‘‘418.
Prohibited acts related to foreign terrorist organizations or terrorist 
persons and groups 
‘‘§ 401. Definitions for chapter 
‘‘As used in this chapter— 
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‘‘(1) a term defined for the purposes of the Controlled 
Substances Act has the same meaning in this chapter; 
‘‘(2) the term ‘large quantity of a major drug’ means— 
‘‘(A) 1 kilogram or more of a mixture or substance 
containing a detectable amount of heroin; 
‘‘(B) 5 kilograms or more of a mixture or substance 
containing a detectable amount of— 
‘‘(i) coca leaves, except coca leaves and extracts 
of coca leaves from which cocaine, ecgonine, and 
derivatives of ecgonine or their salts have been re-
moved; 
‘‘(ii) cocaine, its salts, optical and geometric iso-
mers, and salts of isomers; 
‘‘(iii) ecgonine, its derivatives, their salts, iso-
mers, and salts of isomers; or 
‘‘(iv) any compound, mixture, or preparation 
which contains any quantity of any of the sub-
stances referred to in clauses (i) through (iii); 
‘‘(C) 50 grams or more of a mixture or substance de-
scribed in subparagraph (B) which contains cocaine 
base; 
‘‘(D) 100 grams or more of phencyclidine (PCP) or 
1 kilogram or more of a mixture or substance con-
taining a detectable amount of phencyclidine (PCP); 
‘‘(E) 10 grams or more of a mixture or substance 
containing a detectable amount of lysergic acid 
diethylamide (LSD); 
‘‘(F) 400 grams or more of a mixture or substance 
containing a detectable amount of N-phenyl-N-[1-(2- 
phenylethyl)-4-piperidinyl] propanamide or 100 grams 
or more of a mixture or substance containing a detect-
able amount of any analogue of N-phenyl-N-[1-(2- 
phenylethyl)-4-piperidinyl] propanamide; 
‘‘(G) 1000 kilograms or more of a mixture or sub-
stance containing a detectable amount of marihuana, or 
1,000 or more marihuana plants regardless of weight; 
or 
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‘‘(H) 50 grams or more of methamphetamine, its 
salts, isomers, and salts of its isomers or 500 grams or 
more of a mixture or substance containing a detectable 
amount of methamphetamine, its salts, isomers, or 
salts of its isomers; 
‘‘(3) the term ‘substantial quantity of a major drug’ 
means— 
‘‘(A) 100 grams or more of a mixture or substance 
containing a detectable amount of heroin; 
‘‘(B) 500 grams or more of a mixture or substance 
containing a detectable amount of— 
‘‘(i) coca leaves, except coca leaves and extracts 
of coca leaves from which cocaine, ecgonine, and 
derivatives of ecgonine or their salts have been re-
moved; 
‘‘(ii) cocaine, its salts, optical and geometric iso-
mers, and salts of isomers; 
‘‘(iii) ecgonine, its derivatives, their salts, iso-
mers, and salts of isomers; or 
‘‘(iv) any compound, mixture, or preparation 
which contains any quantity of any of the sub-
stances referred to in clauses (i) through (iii); 
‘‘(C) 5 grams or more of a mixture or substance de-
scribed in subparagraph (B) which contains cocaine 
base; 
‘‘(D) 10 grams or more of phencyclidine (PCP) or 
100 grams or more of a mixture or substance con-
taining a detectable amount of phencyclidine (PCP); 
‘‘(E) 1 gram or more of a mixture or substance con-
taining 
a 
detectable 
amount 
of 
lysergic 
acid 
diethylamide (LSD); 
‘‘(F) 40 grams or more of a mixture or substance 
containing a detectable amount of N-phenyl-N-[1-(2- 
phenylethyl)-4-piperidinyl] propanamide or 10 grams or 
more of a mixture or substance containing a detectable 
amount 
of 
any 
analogue 
of 
N-phenyl-N-[1-(2- 
phenylethyl)-4-piperidinyl] propanamide; 
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