169 
ized stay or employment in the United States, or ut-
ters, uses, attempts to use, possesses, obtains, ac-
cepts, or receives any such visa, permit, border 
crossing card, alien registration receipt card, or 
other document prescribed by statute or regulation 
for entry into or as evidence of authorized stay or 
employment in the United States, knowing it to be 
forged, counterfeited, altered, or falsely made, or to 
have been procured by means of any false claim or 
statement, or to have been otherwise procured by 
fraud or unlawfully obtained; 
‘‘(2) except under direction of the Attorney 
General or the Secretary of Homeland Security, or 
other proper officer, knowingly possesses any blank 
permit, or engraves, sells, brings into the United 
States, or has in his control or possession any plate 
in the likeness of a plate designed for the printing 
of permits, or makes any print, photograph, or im-
pression in the likeness of any immigrant or non-
immigrant visa, permit or other document required 
for entry into the United States, or has in his pos-
session a distinctive paper which has been adopted 
by the Attorney General or Secretary of Homeland 
Security for the printing of such visas, permits, or 
documents; 
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‘‘(3) when applying for an immigrant or non-
immigrant visa, permit, or other document required 
for entry into the United States, or for admission to 
the United States personates another, or falsely ap-
pears in the name of a deceased individual, or 
evades or attempts to evade the immigration laws by 
appearing under an assumed or fictitious name with-
out disclosing his true identity, or sells or otherwise 
disposes of, or offers to sell or otherwise dispose of, 
or utters, such visa, permit, or other document, to 
any person not authorized by law to receive such 
document; or 
‘‘(4) knowingly makes under oath, or as per-
mitted 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 ap-
plication, affidavit, or other document required by 
the immigration laws or regulations prescribed 
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— 
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‘‘(1) an identification document, knowing or 
having reason to know that the document was not 
issued lawfully for the use of the possessor; 
‘‘(2) an identification document knowing (or 
having reason 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 
lawfully 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 chapter 224 of title 18. 
‘‘§ 315. Procurement of citizenship or naturalization 
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 ob-
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tains or applies for or otherwise attempts to procure 
or obtain naturalization, or citizenship, or a declara-
tion of intention to become a citizen, or a certificate 
of arrival or any certificate or evidence of national-
ization 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 intention to become a citizen, certificate of naturaliza-
tion, certificate of citizenship or copies or duplicates or 
other documentary evidence of naturalization or citizen-
ship, 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 member 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 processes, or if judicial re-
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view is had, then from the date of the final 
order of the court, 
‘‘(B) knowingly fails or refuses to make 
timely application in good faith for travel or 
other documents necessary to the alien’s depar-
ture, 
‘‘(C) connives or conspires, or takes any 
other action, designed to prevent or hamper or 
with the purpose of 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 pursu-
ant 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 para-
graph (1) to take any proper steps for the purpose 
of securing cancellation of or exemption from such 
order of removal or for the purpose of securing the 
alien’s release from incarceration or custody. 
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‘‘(3) SUSPENSION.—The court may for good 
cause suspend the sentence of an alien under this 
subsection and order the alien’s release under such 
conditions as the court may prescribe. In deter-
mining whether good cause has been shown to jus-
tify releasing the alien, the court shall take into ac-
count such factors as— 
‘‘(A) the age, health, and period of deten-
tion of the alien; 
‘‘(B) the effect of the alien’s release upon 
the national security and public peace or safety; 
‘‘(C) the likelihood of the alien’s resuming 
or following 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 countries to which the alien’s re-
moval is directed to expedite the alien’s depar-
ture 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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‘‘(F) the eligibility of the alien for discre-
tionary relief under the immigration laws. 
‘‘(b) FAILURE TO COMPLY WITH TERMS OF RE-
LEASE UNDER SUPERVISION.—An alien who knowingly 
fails to comply with regulations or requirements issued 
pursuant to section 241(a)(3) of the Immigration and Na-
tionality Act or knowingly give false information in re-
sponse to an inquiry under such section shall be impris-
oned for not more than one year. 
‘‘(c) PENALTIES RELATING TO VESSELS AND AIR-
CRAFT.— 
‘‘(1) CIVIL PENALTIES.— 
‘‘(A) FAILURE
TO
CARRY
OUT
CERTAIN 
ORDERS.—If the Attorney General is satisfied 
that a person has violated subsection (d) or (e) 
of section 241 of the Immigration and Nation-
ality Act, the person shall pay to the Commis-
sioner the sum of $2,000 for each violation. 
‘‘(B) FAILURE TO REMOVE ALIEN STOW-
AWAYS.—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. 
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‘‘(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 
LIABILITY.—A vessel or aircraft may be grant-
ed clearance before a decision on liability is 
made under paragraph (1) only if a bond ap-
proved 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 im-
posed under paragraph (1) is not paid. 
‘‘(d) DISCONTINUING GRANTING VISAS TO NATION-
ALS OF COUNTRY DENYING OR DELAYING ACCEPTING 
ALIEN.—On being notified by the Attorney General that 
the government of a foreign country denies or unreason-
ably delays accepting an alien who is a citizen, subject, 
national, or resident of that country after the Attorney 
General asks whether the government will accept the alien 
under this section, the Secretary of State shall order con-
sular officers in that foreign country to discontinue grant-
ing immigrant visas or nonimmigrant visas, or both, to 
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177 
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 attempts to bring to the United States in any 
manner whatsoever such person at a place other 
than a designated port of entry or place other than 
as designated by the Commissioner, regardless of 
whether such alien has received prior official author-
ization 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 transpor-
tation 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 
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178 
conceal, harbor, or shield from detection, 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 disregard of the fact that such coming to, 
entry, or residence is or will be in violation of law; 
or 
‘‘(v) engages in any conspiracy to commit any 
of the preceding 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 sub-
paragraph (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 pri-
vate financial gain, be imprisoned not more 
than 10 years; 
‘‘(ii) in the case of a violation of sub-
paragraph (A) (ii), (iii), (iv), or (v)(II) be 
imprisoned not more than 5 years; 
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‘‘(iii) in the case of a violation of sub-
paragraph (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 impris-
oned not more than 20 years; and 
‘‘(iv) in the case of a violation of sub-
paragraph (A) (i), (ii), (iii), (iv), or (v) re-
sulting in the death of any person, be pun-
ished by death or imprisoned for any term 
of years or for life. 
‘‘(C) It is not a violation of clause (ii) or 
(iii) of subparagraph (A), or of clause (iv) of 
subparagraph (A) except where a person en-
courages or induces an alien to come to or enter 
the United States, for a religious denomination 
having a bona fide nonprofit, religious organiza-
tion in the United States, or the agents or offi-
cers of such denomination or organization, to 
encourage, invite, call, allow, or enable an alien 
who is present in the United States to perform 
the vocation of a minister or missionary for the 
denomination or organization in the United 
States as a volunteer who is not compensated 
as an employee, notwithstanding the provision 
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180 
of room, board, travel, medical assistance, and 
other basic living expenses, provided the min-
ister or missionary has been a member of the 
denomination for at least one year. 
‘‘(2) Whoever, knowing or in reckless disregard 
of the fact that an alien has not received prior offi-
cial authorization to come to, enter, or reside in the 
United States, brings to or attempts to bring to the 
United States in any manner whatsoever, 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 oc-
curs— 
‘‘(A) be imprisoned not more than one 
year; or 
‘‘(B) in the case of— 
‘‘(i) an offense committed with the in-
tent 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 impris-
onment for more than 1 year, 
‘‘(ii) an offense done for the purpose 
of commercial advantage or private finan-
cial gain, or 
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‘‘(iii) an offense in which the alien is 
not upon arrival immediately brought and 
presented to an appropriate 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 individ-
uals with actual knowledge that the individuals are 
aliens described in subparagraph (B) shall be im-
prisoned 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) of the Immigration and Na-
tionality Act), 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 sub-
section, the sentence otherwise provided for may be 
increased by up to 10 years if— 
‘‘(A) the offense was part of an ongoing 
commercial organization or enterprise; 
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‘‘(B) aliens were transported in groups of 
10 or more; and 
‘‘(C)(i) aliens were transported in a man-
ner that endangered 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 provision 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 offi-
cers whose duty it is to enforce criminal laws. 
‘‘(c) AUDIOVISUALLY PRESERVED DEPOSITIONS.— 
Notwithstanding any provision of the Federal Rules of 
Evidence, the videotaped (or otherwise audiovisually pre-
served) deposition of a witness to a violation of subsection 
(a) who has been deported or otherwise expelled from the 
United States, or is otherwise unable to testify, may be 
admitted into evidence in an action brought for that viola-
tion 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 Security, in consultation with the Attorney 
General and the Secretary of State, as appropriate, shall 
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183 
develop and implement an outreach program to educate 
the public in the United States and abroad about the pen-
alties for bringing in and harboring aliens in violation of 
this section. 
‘‘§ 319. Entry of alien at improper time or place; mis-
representation 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 immi-
gration officers; 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 im-
prisoned not more than 6 months, and, for a subsequent 
commission 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 immigration officers shall be subject to 
a civil penalty of— 
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‘‘(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 imposed. 
‘‘(c) MARRIAGE.—An individual who knowingly en-
ters into a marriage for the purpose of evading any provi-
sion of the immigration laws shall be imprisoned for not 
more than 5 years. 
‘‘(d) COMMERCIAL ENTERPRISE.—Whoever know-
ingly establishes 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, de-
ported, 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) 
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185 
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 pre-
viously denied admission and removed, unless such 
alien shall establish that he was not required to ob-
tain 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 
violating subsection (a)— 
‘‘(1) whose removal was subsequent to a convic-
tion 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 convic-
tion for commission of an aggravated felony, such 
alien shall be imprisoned not more than 20 years; 
‘‘(3) who has been excluded from the United 
States pursuant to section 235(c) of the Immigra-
tion and Nationality Act because the alien was ex-
cludable under section 212(a)(3)(B) of such Act or 
who has been removed from the United States pur-
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suant to title V of such Act, and who thereafter, 
without the permission of the Attorney General, en-
ters the United States, or attempts to do so, shall 
be imprisoned for a period of 10 years, which sen-
tence shall not run concurrently with any other sen-
tence; 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 re-
entry) 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 re-
moval during (or not during) a criminal trial under either 
Federal or State law. 
‘‘(c) REENTRY.—Any alien deported pursuant to sec-
tion 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 ex-
pressly consented to such alien’s reentry) shall be incarcer-
ated for the remainder of the sentence of imprisonment 
which was pending at the time of deportation without any 
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reduction for parole or supervised release. Such alien shall 
be subject to such other penalties relating 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 dem-
onstrates 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. 
‘‘§ 321. Aiding or assisting certain aliens to enter the 
United States 
‘‘Whoever knowingly aids or assists any alien inad-
missible 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 section 212(a)(3) of such Act (other than subparagraph 
(E) thereof) to enter the United States, or who connives 
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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 max-
imum imprisonment for the offense is less but for this sec-
tion, be imprisoned not more than 25 years if the offense 
was committed to facilitate an act of international ter-
rorism (as defined in section 283), and 20 years (if the 
offense was committed to facilitate a drug trafficking 
crime (as defined in section 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 sub-
stances. 
‘‘413. Continuing criminal enterprise. 
‘‘414. Drug paraphernalia. 
‘‘415. Proceedings to establish prior convictions. 
‘‘416. Anhydrous ammonia. 
‘‘417. Controlled substances import and export listed chemical offenses. 
‘‘418. Prohibited Acts related to foreign terrorist organizations or terrorist per-
sons and groups. 
‘‘419. Offenses involving the Internet. 
‘‘§ 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 or the Controlled Sub-
stances Import and Export Act has the same mean-
ing 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 co-
caine, ecgonine, and derivatives of ecgonine 
or their salts have been removed; 
‘‘(ii) cocaine, its salts, optical and geo-
metric isomers, and salts of isomers; 
‘‘(iii) ecgonine, its derivatives, their 
salts, isomers, and salts of isomers; or 
‘‘(iv) any compound, mixture, or prep-
aration which contains any quantity of any 
of the substances referred to in clauses (i) 
through (iii); 
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‘‘(C) 280 grams or more of a mixture or 
substance described 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 containing a detectable amount of 
phencyclidine (PCP); 
‘‘(E) 10 grams or more of a mixture or 
substance containing a detectable amount of ly-
sergic 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 mix-
ture or substance containing a detectable 
amount of any analogue of N-phenyl-N-[1-(2- 
phenylethyl)-4-piperidinyl] propanamide; 
‘‘(G) 1000 kilograms or more of a mixture 
or substance containing a detectable amount of 
marihuana, or 1,000 or more marihuana plants 
regardless of weight; or 
‘‘(H) 50 grams or more of methamphet-
amine, its salts, isomers, and salts of its iso-
mers or 500 grams or more of a mixture or 
substance containing a detectable amount of 
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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 co-
caine, ecgonine, and derivatives of ecgonine 
or their salts have been removed; 
‘‘(ii) cocaine, its salts, optical and geo-
metric isomers, and salts of isomers; 
‘‘(iii) ecgonine, its derivatives, their 
salts, isomers, and salts of isomers; or 
‘‘(iv) any compound, mixture, or prep-
aration which contains any quantity of any 
of the substances referred to in clauses (i) 
through (iii); 
‘‘(C) 28 grams or more of a mixture or 
substance described in subparagraph (B) which 
contains cocaine base; 
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‘‘(D) 10 grams or more of phencyclidine 
(PCP) or 100 grams or more of a mixture or 
substance containing a detectable amount of 
phencyclidine (PCP); 
‘‘(E) 1 gram or more of a mixture or sub-
stance containing a detectable amount of lyser-
gic 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; 
‘‘(G) 100 kilograms or more of a mixture 
or substance containing a detectable amount of 
marihuana, or 100 or more marihuana plants 
regardless of weight; or 
‘‘(H) 5 grams or more of methamphet-
amine, its salts, isomers, and salts of its iso-
mers or 50 grams or more of a mixture or sub-
stance containing a detectable amount of meth-
amphetamine, its salts, isomers, or salts of its 
isomers; 
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‘‘(4) the term ‘date rape drug’ means gamma 
hydroxybutyric acid (including when scheduled as an 
approved drug product for purposes of section 
3(a)(1)(B) of the Hillory J. Farias and Samantha 
Reid Date-Rape Drug Prohibition Act of 2000), or 
1 gram of flunitrazepam; 
‘‘(5) the term ‘repeat offender’ means a person 
who is convicted under this chapter after a prior 
conviction for a felony drug offense; 
‘‘(6) the term ‘career offender’ means a person 
who is convicted under this chapter after two or 
more prior convictions for a felony drug offense; 
‘‘(7) the term ‘midlevel quantity of marijuana’ 
means less than 50 kilograms of marihuana, except 
in the case of 50 or more marihuana plants regard-
less of weight; and 
‘‘(8) the term ‘larger quantity of hashish’ 
means less than ten kilograms of hashish or one 
kilogram of hashish oil. 
‘‘§ 402. Basic offenses 
‘‘Except as authorized by this chapter, the Controlled 
Substances Act, or the Controlled Substances Import and 
Export Act, whoever knowingly— 
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if the offender is an individual or $25,000,000 if the 
offender is an organization. If the offender is a re-
peat offender, the fine shall be not more than 
$8,000,000 if the offender is an individual or 
$50,000,000 if the offender is an organization. 
‘‘(3) SUPERVISED
RELEASE.—An offender to 
whom paragraph (1) applies shall be sentenced to 
supervised release for a period of at least 4 years, 
but if the offender is a repeat offender, for a period 
of at least 8 years. 
‘‘(c) LESSER QUANTITIES OF MAJOR DRUGS AND 
ANY QUANTITY OF CERTAIN OTHER SUBSTANCES.— 
‘‘(1) PRISON.—If the violation of section 402 
involves a controlled substance in schedule I or II, 
in a lesser quantity than those described in section 
401(3) if such substance is listed therein, or a date 
rape drug, the offender shall be imprisoned not more 
than 20 years, but if death or serious bodily injury 
results to any person from the offense, not less than 
20 years, or life. If the offender is a repeat offender, 
the term shall not be more than 30 years, but if 
death or serious bodily injury results to any person 
from the offense, the term shall not be less than 20 
years, or life. 
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‘‘(2) FINE.—An offender to whom paragraph 
(1) applies shall be fined not more than $1,000,000 
if the offender is an individual or $5,000,000 if the 
offender is an organization. If the offender is a re-
peat offender, the fine shall be not more than 
$2,000,000 if the offender is an individual or 
$10,000,000 if the offender is an organization. 
‘‘(3) SUPERVISED
RELEASE.—An offender to 
whom paragraph (1) applies shall be sentenced to 
supervised release for a period of at least 3 years, 
but if the offender is a repeat offender, for a period 
of at least 6 years. 
‘‘(d) MIDLEVEL QUANTITIES OF MARIJUANA AND 
LARGER QUANTITIES OF HASHISH.— 
‘‘(1) PRISON.—If the violation of section 402 
involves a midlevel quantity of marijuana or a larger 
quantity of hashish, the offender shall be imprisoned 
not more than five years, or if a repeat offender, not 
more than 10 years. 
‘‘(2) FINE.—An offender to whom paragraph 
(1) applies shall be fined not more than $250,000 if 
the offender is an individual or $1,000,000 if the of-
fender is an organization. If the offender is a repeat 
offender, the fine shall be not more than $500,000 
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198 
if the offender is an individual or $2,000,000 if the 
offender is an organization. 
‘‘(3) SUPERVISED
RELEASE.—An offender to 
whom paragraph (1) applies shall be sentenced to 
supervised release for a period of at least 2 years, 
but if the offender is a repeat offender, for a period 
of at least 4 years. 
‘‘(e) SCHEDULE III SUBSTANCES.— 
‘‘(1) PRISON.—If the violation of section 402 
involves a schedule III substance for which a penalty 
is not imposed in a previous subsection, the offender 
shall be imprisoned not more than 10 years, but if 
death or serious bodily injury results to any person 
from the offense, not more than 15 years. If the of-
fender is a repeat offender, the term shall not be 
more than 20 years, but if death or serious bodily 
injury results to any person from the offense, the 
term shall not be more than 30 years 
‘‘(2) FINE.—An offender to whom paragraph 
(1) applies shall be fined not more than $500,000 if 
the offender is an individual or $2,500,000 if the of-
fender is an organization. If the offender is a repeat 
offender, the fine shall be not more than $1,000,000 
if the offender is an individual or $5,000,000 if the 
offender is an organization. 
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‘‘(3) SUPERVISED
RELEASE.—An offender to 
whom paragraph (1) applies shall be sentenced to 
supervised release for a period of at least 2 years, 
but if the offender is a repeat offender, for a period 
of at least 4 years. 
‘‘(f) SCHEDULE IV SUBSTANCES.— 
‘‘(1) PRISON.—If the violation of section 402 
involves a schedule IV substance, the offender shall 
be imprisoned not more than 5 years. If the offender 
is a repeat offender, the term shall be not more than 
10 years.and sentenced to supervised release for at 
least one year. If the offender is a repeat offender, 
the offender shall be imprisoned not more than 10 
years and sentenced to supervised release for at least 
two years. 
‘‘(2) FINE.—An offender to whom paragraph 
(1) applies shall be fined not more than $250,000 if 
the offender is an individual or $1,000,000 if the of-
fender is an organization. If the offender is a repeat 
offender, the fine shall be not more than $500,000 
if the offender is an individual or $2,000,000 if the 
offender is an organization. 
‘‘(3) SUPERVISED
RELEASE.—An offender to 
whom paragraph (1) applies shall be sentenced to 
supervised release for a period of at least one year, 
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but if the offender is a repeat offender, for a period 
of at least 2 years. 
‘‘(g) SCHEDULE V SUBSTANCES.— 
‘‘(1) PRISON.—If the violation of section 402 
involves a schedule V substance, the offender shall 
be imprisoned not more than one year. If the of-
fender is a repeat offender, the term shall be not 
more than four years. 
‘‘(2) FINE.—An offender to whom paragraph 
(1) applies shall be fined not more than $100,000 if 
the offender is an individual or $250,000 if the of-
fender is an organization. If the offender is a repeat 
offender, the fine shall be not more than $200,000 
if the offender is an individual or $500,000 if the of-
fender is an organization. 
‘‘§ 404. Offenses involving protected persons 
‘‘(a) DISTRIBUTION WITH INTENT TO COMMIT A 
CRIME OF VIOLENCE.— 
‘‘(1) IN
GENERAL.—Whoever, with intent to 
commit a crime of violence (including an offense 
that would also be punishable under section 201 if 
the conduct occurred in the special maritime and 
territorial jurisdiction of the United States) against 
an individual, violates section 402 by distributing a 
controlled substance or controlled substance ana-
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201 
logue to that individual without that individual’s 
knowledge, shall be imprisoned not more than 20 
years. 
‘‘(2) DEFINITION.—As used in this subsection, 
the term ‘without that individual’s knowledge’ means 
that the individual is unaware that a substance with 
the ability to alter that individual’s ability to ap-
praise conduct or to decline participation in or com-
municate unwillingness to participate in conduct is 
administered to the individual. 
‘‘(b) ENDANGERING HUMAN LIFE WHILE ILLE-
GALLY MANUFACTURING CONTROLLED SUBSTANCE.— 
Whoever, while manufacturing a controlled substance in 
violation of this chapter or the Controlled Substances Act, 
or attempting or conspiring to do so, or transporting ma-
terials, including chemicals, to do so, knowingly creates 
a risk of harm to human life shall be imprisoned not more 
than ten years. 
‘‘(c) DISTRIBUTION TO MINORS.— 
‘‘(1) FIRST OFFENSES.—Except as provided in 
section 407 and in paragraph (2), any person at 
least 18 years of age who violates section 402 by dis-
tributing a controlled substance to a person under 
21 years of age is subject to (A) twice the maximum 
punishment authorized by section 403, and (B) at 
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202 
least twice any term of supervised release authorized 
by section 403, for a first offense involving the same 
controlled substance and schedule. Except to the ex-
tent a greater minimum sentence is otherwise pro-
vided by section 403, a term of imprisonment under 
this subsection shall be not less than one year. The 
mandatory minimum sentencing provisions of this 
subsection do not apply to offenses involving 5 
grams or less of marihuana. 
‘‘(2) SECOND AND SUBSEQUENT OFFENSES.— 
Except as provided in section 407, if the offender 
under paragraph (1) has a prior conviction under 
paragraph (1) (or under section 303(b)(2) of the 
Federal Food, Drug, and Cosmetic Act as in effect 
prior to the effective date of section 701(b) of the 
Controlled Substances Act) is subject to (A) three 
times the maximum punishment authorized by sec-
tion 403, and (B) at least three times any term of 
supervised release authorized by section 403, for a 
second offense or subsequent offense involving the 
same controlled substance and schedule. Except to 
the extent a greater minimum sentence is otherwise 
provided by section 403, a term of imprisonment 
under this subsection shall be not less than one year. 
Penalties for third and subsequent convictions shall 
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203 
those provided by section 403(a) for offenses involv-
ing large quantities of major drugs under that sec-
tion. 
‘‘(d) ADULTS USING MINORS.—Whoever, being at 
least 21 years of age, knowingly— 
‘‘(1) employs, hires, uses, persuades, induces, 
entices, or coerces a minor to violate section 402; or 
‘‘(2) employs, hires, uses, persuades, induces, 
entices, or coerces a minor to assist in avoiding de-
tection or apprehension, for any offense under sec-
tion 402, by any Federal, State, or local law enforce-
ment official, 
is punishable by a term of imprisonment, a fine, or both, 
up to triple those authorized by section 403. 
‘‘(e) YOUNG ADULTS USING MINORS.— 
‘‘(1) Whoever, not being a minor, knowingly— 
‘‘(A) employs, hires, uses, persuades, in-
duces, entices, or coerces, a minor to violate 
this chapter, the Controlled Substances Act, or 
the Controlled Substances Import and Export 
Act; 
‘‘(B) employs, hires, uses, persuades, in-
duces, entices, or coerces, a minor to assist in 
avoiding detection or apprehension, for violation 
of this chapter, the Controlled Substances Act, 
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204 
or the Controlled Substances Import and Ex-
port Act, by any Federal, State, or local law en-
forcement official; or 
‘‘(C) receives a controlled substance from a 
minor, other than an immediate family member, 
in violation of this chapter, the Controlled Sub-
stances Act, or the Controlled Substances Im-
port and Export Act; 
shall be imprisoned for up to twice the maximum term 
otherwise authorized and sentenced to at least twice any 
term of supervised release otherwise authorized for a first 
offense. Except to the extent a greater minimum sentence 
is otherwise provided, a term of imprisonment under this 
subsection shall not be less than one year. 
‘‘(2) Whoever violates paragraph (1) after a 
prior conviction under paragraph (1) of this section, 
shall be imprisoned for up to three times the max-
imum term otherwise authorized and sentenced to at 
least three times any term of supervised release oth-
erwise authorized for a first offense. Except to the 
extent a greater minimum sentence is otherwise pro-
vided, a term of imprisonment under this subsection 
shall not be less than one year. Penalties for third 
and subsequent convictions shall be those provided 
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205 
by section 403(a) for offenses involving large quan-
tities of major drugs under that section. 
‘‘(f) PROVIDING
CONTROLLED
SUBSTANCES
TO 
MINOR.—Whoever violates subsection (c) or (d)— 
‘‘(1) by knowingly providing or distributing a 
controlled substance or a controlled substance ana-
logue to a minor; or 
‘‘(2) if the person employed, hired, or used is 
14 years of age or younger; 
shall be subject to a term of imprisonment for not more 
than five years, in addition to any other punishment au-
thorized by this chapter. 
‘‘(g) PREGNANT PERSONS.—Except as authorized by 
this chapter or the Controlled Substances Act, it shall be 
unlawful for any person to knowingly or intentionally pro-
vide or distribute any controlled substance to a pregnant 
individual in violation of any provision of this title. Who-
ever violates this subsection shall be subject to the same 
penalties as are provided for a violation of subsection (c). 
‘‘§ 405. Enhancement for offenses involving protected 
places 
‘‘(a) CULTIVATION ON FEDERAL PROPERTY.—The 
maximum fine that may be imposed for a violation of sec-
tion 402 by cultivating a controlled substance on Federal 
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206 
property shall be the greater of the amount otherwise pro-
vided in this chapter or— 
‘‘(1) $500,000 if the defendant is an individual; 
or 
‘‘(2) $1,000,000 if the defendant is an organi-
zation. 
‘‘(b) USE OF HAZARDOUS SUBSTANCE ON FEDERAL 
LAND.—Whoever, in the course of a violation of section 
402, knowingly uses a poison, chemical, or other haz-
ardous substance on Federal land, and, by such use— 
‘‘(1) creates a serious hazard to humans, wild-
life, or domestic animals, 
‘‘(2) degrades or harms the environment or nat-
ural resources, or 
‘‘(3) pollutes an aquifer, spring, stream, river, 
or body of water, 
shall be imprisoned not more than five years. 
‘‘(c) BOOBYTRAPS.— 
‘‘(1) Whoever knowingly assembles, maintains, 
or places a boobytrap on Federal property where a 
controlled substance is being manufactured, distrib-
uted, or dispensed shall be imprisoned not more 
than ten years. 
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‘‘(2) If the offender has one or more prior con-
victions for an offense under this subsection, the of-
fender shall be imprisoned not more than 20 years. 
‘‘(3) As used in this subsection, the term ‘boo-
bytrap’ means any concealed or camouflaged device 
designed to cause bodily injury when triggered by 
any action of any unsuspecting person making con-
tact with the device. Such term includes guns, am-
munition, or explosive devices attached to trip wires 
or other triggering mechanisms, sharpened stakes, 
and lines or wires with hooks attached. 
‘‘(d) SAFETY REST AREAS.— 
‘‘(1) ENHANCEMENT.—Whoever violates section 
402 by distributing or possessing with intent to dis-
tribute a controlled substance in or on, or within 
1,000 feet of, a truck stop or safety rest area is sub-
ject to— 
‘‘(A) in the case of a first offense under 
this subsection subject to— 
‘‘(i) twice the maximum punishment 
provided in section 403; and 
‘‘(ii) twice any term of supervised re-
lease authorized by section 403 for a first 
offense; and 
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‘‘(B) in the case of an offense under this 
subsection after a prior conviction under this 
subsection— 
‘‘(i) three times the maximum punish-
ment authorized by section 403; and 
‘‘(ii) three times any term of super-
vised release authorized by section 403 for 
a first offense. 
‘‘(2) DEFINITIONS.—As used in this sub-
section— 
‘‘(A) the term ‘safety rest area’ means a 
roadside facility with parking facilities for the 
rest or other needs of motorists; and 
‘‘(B) the term ‘truck stop’ means a facility 
(including any parking lot appurtenant thereto) 
that— 
‘‘(i) has the capacity to provide fuel or 
service, or both, to any commercial motor 
vehicle (as defined in section 31301 of title 
49), operating in commerce (as defined in 
that section); and 
‘‘(ii) is located within 2,500 feet of 
the National System of Interstate and De-
fense Highways or the Federal-Aid Pri-
mary System. 
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‘‘§ 406. Maintaining drug-involved premises 
‘‘(a) IN GENERAL.—Except as authorized by this 
chapter or the Controlled Substances Act, it shall be un-
lawful to— 
‘‘(1) knowingly open, lease, rent, use, or main-
tain any place, whether permanently or temporarily, 
for the purpose of manufacturing, distributing, or 
using any controlled substance; or 
‘‘(2) manage or control any place, whether per-
manently or temporarily, either as an owner, lessee, 
agent, employee, occupant, or mortgagee, and know-
ingly and intentionally rent, lease, profit from, or 
make available for use, with or without compensa-
tion, the place for the purpose of unlawfully manu-
facturing, storing, distributing, or using a controlled 
substance. 
‘‘(b) PUNISHMENT.—Whoever violates subsection (a) 
of this section shall be sentenced to a term of imprison-
ment of not more than 20 years or a fine of not more 
than $500,000, or both, or a fine of $2,000,000 for an 
organization. 
‘‘(c) RESTITUTION.—A violation of subsection (a) 
shall be considered an offense against property for pur-
poses of section 3663A(c)(1)(A)(ii). 
‘‘(d) CIVIL PENALTY.— 
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210 
‘‘(1) Whoever violates subsection (a) shall be 
subject to a civil penalty of not more than the great-
er of— 
‘‘(A) $250,000; or 
‘‘(B) 2 times the gross receipts, either 
known or estimated, that were derived from 
each violation that is attributable to the person. 
‘‘(2) If a civil penalty is calculated under para-
graph (1)(B), and there is more than 1 defendant, 
the court may apportion the penalty between mul-
tiple violators, but each violator shall be jointly and 
severally liable for the civil penalty under this sub-
section. 
‘‘§ 407. Distribution in or near schools 
‘‘(a) IN GENERAL.—Whoever violates section 402 or 
406 by distributing, possessing with intent to distribute, 
or manufacturing a controlled substance in or on, or with-
in one thousand feet of, the real property comprising a 
public or private elementary, vocational, or secondary 
school or a public or private college, junior college, or uni-
versity, or a playground, or housing facility owned by a 
public housing authority, or within 100 feet of a public 
or private youth center, public swimming pool, or video 
arcade facility, is (except as provided in subsection (b)) 
subject to— 
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211 
‘‘(1) twice the maximum punishment authorized 
by section 403; and 
‘‘(2) at least twice any term of supervised re-
lease authorized by section 403 for a first offense. 
A fine up to twice that authorized by section 403 may 
be imposed in addition to any term of imprisonment au-
thorized by this subsection. Except to the extent a greater 
minimum sentence is otherwise provided by section 403, 
a person shall be sentenced under this subsection to a 
term of imprisonment of not less than one year. The man-
datory minimum sentencing provisions of this paragraph 
do not apply to offenses involving 5 grams or less of mari-
huana. 
‘‘(b) SECOND OR SUBSEQUENT OFFENSES.—Who-
ever violates subsection (a) after a prior conviction under 
subsection (a) is subject to punishment— 
‘‘(1) by the greater of— 
‘‘(A) a term of imprisonment not less than 
three years and not more than life imprison-
ment; or 
‘‘(B) three times the maximum punishment 
authorized by section 403 for a first offense; 
and 
‘‘(2) at least three times any term of supervised 
release authorized by section 403 for a first offense. 
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A fine up to three times that authorized by section 403 
may be imposed in addition to any term of imprisonment 
authorized by this subsection. Except to the extent a 
greater minimum sentence is otherwise provided by section 
403, a person shall be sentenced under this subsection to 
a term of imprisonment of not less than three years. Pen-
alties for third and subsequent convictions shall be gov-
erned by section 403. 
‘‘(c) SPECIAL RULE
FOR MANDATORY MINIMUM 
SENTENCES.—In the case of any mandatory minimum 
sentence imposed under subsection (b), imposition or exe-
cution of such sentence shall not be suspended and proba-
tion shall not be granted. An individual convicted under 
this section shall not be eligible for parole until the indi-
vidual has served the mandatory minimum term of impris-
onment as provided by this section. 
‘‘(d) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘playground’ means any outdoor 
facility (including any parking lot appurtenant 
thereto) intended for recreation, open to the public, 
and with any portion thereof containing three or 
more separate apparatus intended for the recreation 
of children including, but not limited to, sliding 
boards, swingsets, and teeterboards; 
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‘‘(2) the term ‘youth center’ means any rec-
reational facility and/or gymnasium (including any 
parking lot appurtenant thereto), intended primarily 
for use by persons under 18 years of age, which reg-
ularly provides athletic, civic, or cultural activities; 
‘‘(3) the term ‘video arcade facility’ means any 
facility, legally accessible to minors, intended pri-
marily for the use of pinball and video machines for 
amusement containing a minimum of ten machines 
that are either pinball or video machines; and 
‘‘(4) the term ‘swimming pool’ includes any 
parking lot appurtenant thereto. 
‘‘§ 408. Listed chemicals 
‘‘(a) OFFENSE.—Whoever knowingly— 
‘‘(1) possesses a listed chemical with intent to 
manufacture a controlled substance except as au-
thorized by this chapter or the Controlled Sub-
stances Act; 
‘‘(2) possesses or distributes, a listed chemical 
knowing, or having reasonable cause to believe, that 
the listed chemical will be used to manufacture a 
controlled substance except as authorized by this 
chapter or the Controlled Substances Act; or 
‘‘(3) with the intent of causing the evasion of 
the recordkeeping or reporting requirements of sec-
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