112 
States, knowingly participates in the development of, man-
ufactures, produces, transfers, acquires, receives, pos-
sesses, imports, exports, or uses, or possesses and threat-
ens 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 prohibited 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 
transcending national boundaries and as made appli-
cable by subsection (b)— 
‘‘(A) kills, kidnaps, maims, commits an as-
sault resulting in serious bodily injury, or as-
saults with a dangerous weapon any person 
within the United States; or 
‘‘(B) creates a substantial risk of serious 
bodily injury to any other person by destroying 
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PWALKER on DSK7TPTVN1PROD with BILLS
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or damaging any structure, conveyance, or 
other real or personal property within the 
United States or by attempting or conspiring to 
destroy or damage any structure, conveyance, 
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.—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 af-
fects interstate or foreign commerce, or would 
have so obstructed, delayed, or affected inter-
state 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 services, or any official, officer, em-
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ployee, or agent of the legislative, executive, or 
judicial branches, or of any department or 
agency, of the United States; 
‘‘(D) the structure, conveyance, or other 
real or personal 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 terri-
torial sea (including the airspace above and the 
seabed and subsoil below, and artificial islands 
and fixed structures erected thereon) of the 
United States; or 
‘‘(F) the offense is committed within the 
special maritime and territorial jurisdiction of 
the United States. 
‘‘(2) 
CO-CONSPIRATORS
AND
ACCESSORIES 
AFTER THE FACT.—Subsection (a) applies with re-
spect to all principals and co-conspirators of an of-
fense under this section, and accessories after the 
fact to any offense under this section, if at least one 
of the circumstances described in subparagraphs (A) 
through (F) of paragraph (1) is applicable to at 
least one offender. 
‘‘(c) PENALTIES.— 
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‘‘(1) GENERALLY.—Whoever violates this sec-
tion 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, conveyance, or other real or personal 
property, by imprisonment for not more than 
25 years; 
‘‘(F) for attempting or conspiring to com-
mit an offense, for any term of years up to the 
maximum punishment 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. 
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‘‘(2) 
CONSECUTIVE
SENTENCE.—Notwith-
standing any other provision of law, the court shall 
not place on probation any person convicted of a vio-
lation of this section; nor shall the term of imprison-
ment 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 re-
quired to prove knowledge by any defendant of a ju-
risdictional base alleged in the indictment. 
‘‘(2) STATE LAW.—In a prosecution under this 
section that is based upon the adoption of State law, 
only the elements of the offense under State law, 
and not any provisions pertaining to criminal proce-
dure or evidence, are adopted. 
‘‘(e) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial jurisdiction over any offense under this 
section. 
‘‘(f) REQUESTS FOR MILITARY ASSISTANCE.—The 
Attorney General may request the Secretary of Defense 
to provide assistance under section 382 of title 10 in sup-
port of Department of Justice activities relating to the en-
forcement of section 271 during an emergency situation 
involving a weapon of mass destruction. The authority to 
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PWALKER on DSK7TPTVN1PROD with BILLS
117 
make such a request may be exercised by another official 
of the Department of Justice in accordance with section 
382(f)(2) of title 10. 
‘‘(g) 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 
‘‘(3) the term ‘Federal crime of terrorism’ 
means an offense that— 
‘‘(A) is calculated to influence or affect the 
conduct of government by intimidation or coer-
cion, or to retaliate against government con-
duct; and 
‘‘(B) is a violation of— 
‘‘(i) section 1301 (relating to destruc-
tion of aircraft or aircraft facilities), 1305 
(relating to violence at international air-
ports), 571 (relating to arson within spe-
cial maritime and territorial jurisdiction), 
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PWALKER on DSK7TPTVN1PROD with BILLS
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621 or 623 (relating to biological weap-
ons), 624 (relating to variola virus), 631 
(relating to chemical weapons), 102(2), 
(4), (6), (7), or (8) (relating to certain 
Federally punishable homicides), 121 (re-
lating to kidnapping) if the victim is an in-
dividual whose killing is an offense under 
102(6) or (7), 601 (relating to prohibited 
transactions involving nuclear materials), 
612(m) or (n) (relating to plastic explo-
sives), 614(f)(2) or (3) (relating to arson 
and bombing of Government property risk-
ing or causing death), 614(i) (relating to 
arson and bombing of property used in 
interstate commerce), 593(c) (relating to 
killing or attempted killing during an at-
tack on a Federal facility with a dangerous 
weapon), 924(a) (relating to conspiracy to 
kill, kidnap, maim, or injure persons or 
damage property in a foreign country), 
787(a)(1) or (a)(5)(A) (relating to fraud 
and related activity in connection with 
computers), 123 (relating to hostage tak-
ing), 1201 (relating to government prop-
erty or contracts), 1202 (relating to de-
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PWALKER on DSK7TPTVN1PROD with BILLS
119 
struction of communication lines, stations, 
or systems), 1203 (relating to injury to 
buildings or property within special mari-
time and territorial jurisdiction of the 
United States), 1205(a) (relating to de-
struction of an energy facility), 1331 (re-
lating to terrorist attacks and other acts of 
violence against railroad carriers and 
against mass transportation systems on 
land, on water, or through the air), 1345 
(relating to violence against maritime navi-
gation), 271 (relating to weapons of mass 
destruction, and explosives and other lethal 
devices), 273 (relating to acts of terrorism 
transcending national boundaries), 275 
(relating to missile systems designed to de-
stroy aircraft), 276 (relating to radiological 
dispersal devices), 277 (relating to har-
boring terrorists), 278 (relating to pro-
viding material support to terrorists), 279 
(relating to providing material support to 
terrorist organizations), 280 (relating to 
prohibitions against the financing of ter-
rorism), 281 (relating to receiving military- 
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PWALKER on DSK7TPTVN1PROD with BILLS
120 
type training from a foreign terrorist orga-
nization), or 1291 (relating to torture); 
‘‘(ii) section 92 (relating to prohibi-
tions governing atomic weapons) or 236 
(relating to sabotage of nuclear facilities or 
fuel) of the Atomic Energy Act of 1954; 
‘‘(iii) section 46502 (relating to air-
craft piracy), the second sentence of sec-
tion 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 air-
craft), section 46506 if homicide or at-
tempted homicide is involved (relating to 
application of certain criminal laws to acts 
on aircraft), or section 60123(b) (relating 
to destruction of interstate gas or haz-
ardous liquid pipeline facility) of title 49; 
or 
‘‘(iv) section 1010A of the Controlled 
Substances Import and Export Act (relat-
ing to narco-terrorism). 
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PWALKER on DSK7TPTVN1PROD with BILLS
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‘‘§ 274. Financial transactions 
‘‘(a) OFFENSE.—Except as provided in regulations 
issued by the Secretary of the Treasury, in consultation 
with the Secretary of State, whoever, being a United 
States person, knowing or having reasonable cause to 
know that a country is designated under section 6(j) of 
the Export Administration Act of 1979 as a country sup-
porting international 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 meaning as in section 1451; and 
‘‘(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 aircraft 
‘‘(a) UNLAWFUL CONDUCT.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), it shall be unlawful for any person to 
knowingly produce, construct, otherwise acquire, 
transfer directly or indirectly, receive, possess, im-
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PWALKER on DSK7TPTVN1PROD with BILLS
122 
port, export, or use, or possess 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 ra-
diated or reflected from an aircraft or to-
ward an image locating an aircraft; or 
‘‘(ii) otherwise direct or guide the 
rocket or missile 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 de-
signed or redesigned for use in assembling or 
fabricating a rocket, 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 re-
designed 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 
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PWALKER on DSK7TPTVN1PROD with BILLS
123 
thereof or of a State or any department or 
agency thereof; or 
‘‘(B) conduct pursuant to the terms of a 
contract with the United States or any depart-
ment or agency thereof or with a State or any 
department or agency thereof. 
‘‘(b) JURISDICTION.—Conduct prohibited by sub-
section (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 prop-
erty 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 jurisdiction exists under this subsection in 
committing an offense under this section or con-
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PWALKER on DSK7TPTVN1PROD with BILLS
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spires 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 pos-
sesses and threatens to use, any item or items de-
scribed in subsection (a), shall be imprisoned for not 
less than 30 years or imprisoned for life. 
‘‘(3) SPECIAL CIRCUMSTANCES.—If the death 
of another results from a person’s violation of sub-
section (a), the person shall be punished by impris-
onment for life. 
‘‘(d) DEFINITION.—As used in this section, the term 
‘aircraft’ has the definition set forth in section 
40102(a)(6) of title 49. 
‘‘§ 276. Radiological dispersal devices 
‘‘(a) UNLAWFUL CONDUCT.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), it shall be unlawful for any person to 
knowingly produce, construct, otherwise acquire, 
transfer directly or indirectly, receive, possess, im-
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PWALKER on DSK7TPTVN1PROD with BILLS
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port, export, or use, or possess and threaten to 
use— 
‘‘(A) any weapon that is designed or in-
tended to release radiation or radioactivity at a 
level dangerous to human life; or 
‘‘(B) any device or other object that is ca-
pable 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 depart-
ment or agency thereof. 
‘‘(b) JURISDICTION.—Conduct prohibited by sub-
section (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; 
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PWALKER on DSK7TPTVN1PROD with BILLS
126 
‘‘(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 prop-
erty 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 jurisdiction exists under this subsection in 
committing an offense under this section or con-
spires 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 pos-
sesses and threatens to use, any item or items de-
scribed in subsection (a), shall be imprisoned for not 
less than 30 years or imprisoned for life. 
‘‘(3) SPECIAL CIRCUMSTANCES.—If the death 
of another results from a person’s violation of sub-
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PWALKER on DSK7TPTVN1PROD with BILLS
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section (a), the person shall be punished by impris-
onment for life. 
‘‘§ 277. Harboring or concealing terrorists 
‘‘(a) OFFENSE.—Whoever harbors or conceals any 
person who he knows, or has reasonable grounds to be-
lieve, has committed, or is about to commit, an offense 
under section 1301 (relating to destruction of aircraft or 
aircraft facilities), section 621 (relating to biological weap-
ons), 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 gov-
ernment property risking or causing injury or death), sec-
tion 1205(a) (relating to the destruction of an energy fa-
cility), section 1345 (relating to violence against maritime 
navigation), section 271 (relating to weapons of mass de-
struction), or section 273 (relating to acts of terrorism 
transcending national boundaries) of this title, section 
236(a) (relating to sabotage of nuclear facilities or fuel) 
of the Atomic Energy Act of 1954, 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 provided by law. 
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‘‘§ 278. Providing material support to terrorists 
‘‘(a) OFFENSE.—Whoever provides material support 
or resources or conceals or disguises the nature, location, 
source, or ownership of material support or resources, 
knowing or intending that they are to be used in prepara-
tion for, or in carrying out, a violation of section 102(2), 
(4), (6), (7), or (8), 112 if the victim is an individual 
whose killing is an offense under section 102(6), (7), or 
(8), 121 if the victim is an individual whose killing is an 
offense under section 102(6) or (7), 123, 271, 273, 571, 
593(c), 601, 612(m) or (n), 614(f) or (i), 621, 631, 924, 
1201, 1202, 1203, 1205, 1281, 1291, 1297, 1301, 1305, 
1331, or 1345 of this title, section 236 of the Atomic En-
ergy Act of 1954, section 46502 or 60123(b) of title 49, 
or any offense listed in section 273(g)(3)(B) (except for 
sections 278 and 279) or in preparation 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 prosecuted 
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— 
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PWALKER on DSK7TPTVN1PROD with BILLS
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‘‘(1) the term ‘material support or resources’ 
means any property, tangible or intangible, or serv-
ice, including currency or monetary instruments or 
financial securities, financial services, lodging, train-
ing, expert advice or assistance, safehouses, false 
documentation or identification, communications 
equipment, facilities, weapons, lethal substances, ex-
plosives, personnel (1 or more individuals who may 
be or include oneself), and transportation, except 
medicine or religious materials; 
‘‘(2) the term ‘training’ means instruction or 
teaching designed to impart a specific skill, as op-
posed to general knowledge; and 
‘‘(3) the term ‘expert advice or assistance’ 
means advice or assistance derived from scientific, 
technical or other specialized knowledge. 
‘‘§ 279. Providing material support or resources to 
designated foreign terrorist organiza-
tions 
‘‘(a) PROHIBITED ACTIVITIES.— 
‘‘(1) UNLAWFUL
CONDUCT.—Whoever know-
ingly provides material support or resources to a for-
eign terrorist organization shall be imprisoned not 
more than 15 years, or both, and if the death of any 
person results, shall be imprisoned for any term of 
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PWALKER on DSK7TPTVN1PROD with BILLS
130 
years or for life. To violate this paragraph, a person 
must have knowledge that the organization is a des-
ignated terrorist organization (as defined in sub-
section (g)(6)), that the organization has engaged or 
engages in terrorist activity (as defined in section 
212(a)(3)(B) of the Immigration and Nationality 
Act), or that the organization has engaged or en-
gages 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 au-
thorized by the Secretary, any financial institution 
that becomes aware that it has possession of, or con-
trol over, any funds in which a foreign terrorist or-
ganization, or its agent, has an interest, shall— 
‘‘(A) retain possession of, or maintain con-
trol over, such funds; and 
‘‘(B) report to the Secretary the existence 
of such funds in accordance with regulations 
issued by the Secretary. 
‘‘(b) CIVIL PENALTY.—Any financial institution that 
knowingly fails to comply with subsection (a)(2) shall be 
subject to a civil penalty in an amount that is the greater 
of— 
‘‘(1) $50,000 per violation; or 
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‘‘(2) twice the amount of which the financial in-
stitution was required under subsection (a)(2) to re-
tain possession or control. 
‘‘(c) INJUNCTION.—Whenever it appears to the Sec-
retary 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. 
‘‘(d) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial jurisdiction over an offense under this sec-
tion. 
‘‘(e) CLASSIFIED
INFORMATION
IN
CIVIL
PRO-
CEEDINGS BROUGHT BY THE UNITED STATES.— 
‘‘(1) DISCOVERY OF CLASSIFIED INFORMATION 
BY DEFENDANTS.— 
‘‘(A) REQUEST
BY
UNITED
STATES.—In 
any civil proceeding under this section, upon re-
quest made ex parte and in writing by the 
United States, a court, upon a sufficient show-
ing, may authorize the United States to— 
‘‘(i) redact specified items of classified 
information from documents to be intro-
duced into evidence or made available to 
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PWALKER on DSK7TPTVN1PROD with BILLS
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the defendant through discovery under the 
Federal Rules of Civil Procedure; 
‘‘(ii) substitute a summary of the in-
formation for such classified documents; or 
‘‘(iii) substitute a statement admitting 
relevant facts that the classified informa-
tion would tend to prove. 
‘‘(B) ORDER GRANTING REQUEST.—If the 
court enters 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 the court 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 docu-
ments 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 INFORMA-
TION; PRECAUTIONS BY COURT.— 
‘‘(A) EXHIBITS.—To prevent unnecessary 
or inadvertent disclosure of classified informa-
tion 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 photo-
graphs, one or more of the following: 
‘‘(i) Copies of items from which classi-
fied information has been redacted. 
‘‘(ii) Stipulations admitting relevant 
facts that specific classified information 
would tend to prove. 
‘‘(iii) A declassified summary of the 
specific classified information. 
‘‘(B) DETERMINATION
BY
COURT.—The 
court shall grant a request under this para-
graph if the court finds that the redacted item, 
stipulation, or summary is sufficient to allow 
the defendant to prepare a defense. 
‘‘(3) TAKING OF TRIAL TESTIMONY.— 
‘‘(A) OBJECTION.—During the examina-
tion of a witness in any civil proceeding brought 
by the United States under this subsection, the 
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134 
United States may object to any question or 
line of inquiry that may require 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 information, in-
cluding— 
‘‘(i) permitting the United States to 
provide the court, ex parte, with a proffer 
of the witness’s response to the question or 
line of inquiry; and 
‘‘(ii) requiring the defendant to pro-
vide the court with a proffer of the nature 
of the information that the defendant seeks 
to elicit. 
‘‘(C) OBLIGATION
OF
DEFENDANT.—In 
any civil proceeding under this section, it shall 
be the defendant’s obligation to establish the 
relevance and materiality of any classified infor-
mation sought to be introduced. 
‘‘(4) APPEAL.—If the court enters an order de-
nying a request of the United States under this sub-
section, the United States may take an immediate 
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135 
interlocutory appeal in accordance with paragraph 
(5). 
‘‘(5) INTERLOCUTORY APPEAL.— 
‘‘(A) SUBJECT OF APPEAL.—An interlocu-
tory 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 clas-
sified information; 
‘‘(ii) imposing sanctions for nondisclo-
sure 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 14 days after the decision or order 
appealed from, and the trial shall not com-
mence until the appeal is resolved. 
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136 
‘‘(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, excluding in-
termediate weekends and holidays; 
‘‘(II) may dispense with written 
briefs other than the supporting mate-
rials previously submitted to the trial 
court; 
‘‘(III) shall render its decision 
not later than 4 days after argument 
on appeal, excluding intermediate 
weekends and holidays; and 
‘‘(IV) may dispense with the 
issuance of a written opinion in ren-
dering its decision. 
‘‘(C) EFFECT OF RULING.—An interlocu-
tory appeal and decision does not affect the 
right of the defendant, in a subsequent appeal 
from a final judgment, to claim as error rever-
sal by the trial court on remand of a ruling ap-
pealed from during trial. 
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137 
‘‘(6) CONSTRUCTION.—Nothing in this sub-
section 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 in-
vocation of the military and State secrets privilege. 
‘‘(f) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘classified information’ has the 
meaning given that term in section 1(a) of the Clas-
sified Information Procedures Act; 
‘‘(2) the term ‘funds’ includes coin or currency 
of the United States or any other country, traveler’s 
checks, personal checks, bank checks, money orders, 
stocks, bonds, debentures, drafts, letters of credit, 
any other negotiable instrument, 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 
278 (including the definitions of ‘training’ and ‘ex-
pert advice or assistance’ in that section); 
‘‘(4) the term ‘Secretary’ means the Secretary 
of the Treasury; and 
‘‘(5) the term ‘terrorist organization’ means an 
organization designated as a terrorist organization 
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138 
under section 219 of the Immigration and Nation-
ality Act. 
‘‘(g) PROVISION OF PERSONNEL.—No person may be 
prosecuted under this section in connection with the term 
‘personnel’ unless that person has knowingly provided a 
foreign terrorist organization with 1 or more individuals 
(who may be or include himself) to work under that ter-
rorist organization’s direction or control or to organize, 
manage, supervise, or otherwise direct the operation of 
that organization. Individuals who act entirely independ-
ently 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. 
‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed or applied so as to abridge the ex-
ercise of rights guaranteed under the First Amendment 
to the Constitution of the United States. 
‘‘(i) 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 approved by the Secretary of State with 
the concurrence of the Attorney General. The Secretary 
of State may not approve the provision of any material 
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PWALKER on DSK7TPTVN1PROD with BILLS
139 
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 
described in subsection (b), by any means, directly 
or indirectly, 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 sub-
section (e)(7), as implemented by the United 
States, or 
‘‘(B) any other act intended to cause death 
or serious 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 nature or con-
text, 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). 
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140 
‘‘(2) RELATIONSHIP TO PREDICATE ACT.—For 
an act to constitute an offense set forth in this sub-
section, 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 an-
other 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 oper-
ated 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 diplomatic or consular premises of 
that state; 
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PWALKER on DSK7TPTVN1PROD with BILLS
141 
‘‘(F) was directed toward or resulted in the 
carrying out of a predicate act committed in an 
attempt to compel another state or inter-
national 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 ei-
ther the offense or the predicate act was 
conducted in, or the results thereof af-
fected, interstate or foreign commerce; 
‘‘(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 ha-
bitual 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 dip-
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PWALKER on DSK7TPTVN1PROD with BILLS
142 
lomatic 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, dis-
tricts, commonwealths, territories, or pos-
sessions; 
‘‘(3) the offense is committed on board a vessel 
flying the flag of the United States or an aircraft 
which is registered under the laws of the United 
States at the time the offense is committed; 
‘‘(4) the offense is committed on board an air-
craft 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 ab-
stain from doing any act. 
‘‘(c) CONCEALMENT.—Whoever— 
‘‘(1)(A) is in the United States; or 
‘‘(B) is outside the United States and is a na-
tional of the United States or a legal entity orga-
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PWALKER on DSK7TPTVN1PROD with BILLS
143 
nized under the laws of the United States (including 
any of its States, districts, commonwealths, terri-
tories, or possessions); and 
‘‘(2) knowingly conceals or disguises the nature, 
location, source, ownership, or control of any mate-
rial support or resources, or any funds or proceeds 
of such funds— 
‘‘(A) knowing or intending that the sup-
port or resources are to be provided, or knowing 
that the support or resources were provided, in 
violation of section 279; or 
‘‘(B) knowing or intending that any such 
funds are to be provided or collected, or know-
ing 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 sub-
section (a) shall be imprisoned for not more than 20 
years. 
‘‘(2) SUBSECTION (c).—Whoever violates sub-
section (c) shall be imprisoned for not more than 10 
years. 
‘‘(e) DEFINITIONS.—In this section— 
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‘‘(1) the term ‘funds’ means assets of every 
kind, whether tangible or intangible, movable or im-
movable, however acquired, and legal documents or 
instruments in any form, including electronic or dig-
ital, evidencing title to, or interest 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 ju-
diciary, or by officials or employees of a state or any 
other public authority or entity or by employees or 
officials of an intergovernmental organization in con-
nection with their official duties; 
‘‘(3) the term ‘proceeds’ means any funds de-
rived from or obtained, directly or indirectly, 
through the commission of an offense set forth in 
subsection (a); 
‘‘(4) the term ‘provides’ includes giving, donat-
ing, and transmitting; 
‘‘(5) the term ‘collects’ includes raising and re-
ceiving; 
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PWALKER on DSK7TPTVN1PROD with BILLS
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‘‘(6) the term ‘predicate act’ means any act re-
ferred 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 Avia-
tion, done at Montreal on September 23, 1971; 
‘‘(C) the Convention on the Prevention and 
Punishment of Crimes against Internationally 
Protected 
Persons, 
including 
Diplomatic 
Agents, adopted by the General Assembly of the 
United Nations on December 14, 1973; 
‘‘(D) the International Convention against 
the Taking of Hostages, adopted by the General 
Assembly of the United Nations on December 
17, 1979; 
‘‘(E) the Convention on the Physical Pro-
tection 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 
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PWALKER on DSK7TPTVN1PROD with BILLS
146 
the Convention for the Suppression 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 Plat-
forms located on the Continental Shelf, done at 
Rome on March 10, 1988; or 
‘‘(I) the International Convention for the 
Suppression of Terrorist Bombings, adopted by 
the General Assembly of the United Nations on 
December 15, 1997; 
‘‘(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 sporadic 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 
279(f)(3); and 
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PWALKER on DSK7TPTVN1PROD with BILLS
147 
‘‘(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 crimi-
nal, civil, or administrative liability or penalty, any legal 
entity located within the United States or organized under 
the laws of the United States, including any of the laws 
of its States, districts, commonwealths, territories, or pos-
sessions, shall be liable to the United States for the sum 
of at least $10,000, if a person responsible for the man-
agement or control of that legal entity has, in that capac-
ity, committed an offense set forth in subsection (a). 
‘‘§ 281. Receiving military-type training from a for-
eign 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 organiza-
tion designated at the time of the training by the Sec-
retary 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 violate this sub-
section, a person must have knowledge that the organiza-
tion is a designated terrorist organization (as defined in 
subsection (b)(3)), that the organization has engaged or 
engages in terrorist activity (as defined in section 212 of 
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148 
the Immigration and Nationality Act), or that the organi-
zation has engaged or engages in terrorism (as defined 
in section 140(d)(2) of the Foreign Relations Authoriza-
tion 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 train-
ing on the use, storage, production, or assembly of 
any explosive, firearm or other weapon, including 
any weapon of mass destruction (as defined in sec-
tion 271(b)(1)); 
‘‘(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 publicly or privately 
owned; examples of critical infrastructure include 
gas and oil production, storage, or delivery systems, 
water supply systems, telecommunications networks, 
electrical power generation or delivery systems, fi-
nancing and banking systems, emergency services 
(including medical, police, fire, and rescue services), 
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149 
and transportation systems and services (including 
highways, mass transit, airlines, and airports); and 
‘‘(3) the term ‘foreign terrorist organization’ 
means an organization designated as a terrorist or-
ganization under section 219(a)(1) of the Immigra-
tion 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 international terrorism, or the estate, survivors, or 
heirs of that national, may in a civil action in any appro-
priate 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 allegations of the criminal offense 
in any subsequent civil proceeding 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 
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150 
under the law of the United States, estop the defendant 
from denying the essential allegations of the criminal of-
fense in any subsequent civil proceeding under this sec-
tion. 
‘‘(d) GENERAL VENUE.—A civil action under this 
section may be instituted the United States district court 
for any district 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 JURISDIC-
TION.—If the actions giving rise to the claim occurred 
within the special 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 plaintiff 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 sec-
tion on the grounds of the inconvenience or inappropriate-
ness of the forum chosen, unless— 
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151 
‘‘(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 
substantially the same as the one available in the 
courts of the United States. 
‘‘(h) STATUTE OF LIMITATIONS.— 
‘‘(1) Subject to subsection (b), a civil action 
under this section shall not be maintained unless 
commenced within 10 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 10-year period set forth 
in paragraph (1). 
‘‘(i) ACTS OF WAR.—No action shall be maintained 
under this section 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 
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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 investigation or prosecution of the inci-
dent, or a national security operation related to the inci-
dent, which is the subject of the civil litigation. The court 
shall evaluate any such objections in camera and shall stay 
the discovery if the court finds that granting the discovery 
request will substantially interfere with a criminal inves-
tigation or prosecution of the incident or a national secu-
rity operation related to the incident. The court shall con-
sider the likelihood of criminal prosecution by the Govern-
ment 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 sub-
section, 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 action 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 continu-
ation of the civil action will substantially interfere 
with a criminal prosecution which involves the same 
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153 
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 agency 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. 
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‘‘(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 crimi-
nal laws of the United States or of any State, 
or that would be a criminal violation if com-
mitted 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 gov-
ernment by intimidation or coercion; or 
‘‘(iii) to affect the conduct of a gov-
ernment by mass destruction, assassina-
tion, or kidnapping; and 
‘‘(C) occur primarily outside the territorial 
jurisdiction of the United States, or transcend 
national boundaries in terms of the means by 
which they are accomplished, the persons they 
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appear intended to intimidate or coerce, or the 
locale in which their perpetrators operate or 
seek asylum; 
‘‘(2) the term ‘act of war’ means any act occur-
ring in the course of— 
‘‘(A) declared war; 
‘‘(B) armed conflict, whether or not war 
has been declared, between two or more na-
tions; or 
‘‘(C) armed conflict between military forces 
of any origin; and 
‘‘(3) the term ‘domestic terrorism’ means activi-
ties 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 gov-
ernment by intimidation or coercion; or 
‘‘(iii) to affect the conduct of a gov-
ernment by mass destruction, assassina-
tion, or kidnapping; and 
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‘‘(C) occur primarily within the territorial 
jurisdiction of the United States. 
‘‘SUBCHAPTER C—MILITARY AND NAVY 
‘‘291. Entering military, naval, or Coast Guard property. 
‘‘292. Use of army and Air Force as posse comitatus. 
‘‘293. Disruptions of funerals of members or former members of the Armed 
Forces. 
‘‘294. Demonstrations at cemeteries under the control of the national cemetery 
administration and at Arlington National Cemetery. 
‘‘295. Prohibition on attacks on United States servicemen on account of service. 
‘‘§ 291. Entering military, naval, or Coast Guard prop-
erty 
‘‘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 res-
ervation, post, fort, arsenal, yard, station, or instal-
lation, after having been removed therefrom or or-
dered not to reenter by any officer or person in com-
mand or charge thereof; 
shall be or imprisoned not more than six months. 
‘‘§ 292. Use of Army and Air Force as posse comitatus 
‘‘Whoever, except in cases and under circumstances 
expressly authorized by the Constitution or Act of Con-
gress, knowingly uses any part of the Army or the Air 
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Force as a posse comitatus 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 ac-
tivity at a covered funeral of a member or former member 
of the Armed services or at a covered residence shall be 
imprisoned not more than one year. 
‘‘(b) CIVIL REMEDIES.— 
‘‘(1) DISTRICT COURTS.—The district courts of 
the United States shall have jurisdiction— 
‘‘(A) to prevent and restrain violations of 
this section; and 
‘‘(B) for the adjudication of any cliams for 
relief under this section. 
‘‘(2) ATTORNEY GENERAL.—The Attorney Gen-
eral may institute proceedings under this section. 
‘‘(3) CLAIMS.—Any person, including a sur-
viving member of the deceased individual’s family, 
who suffers injury as a result of conduct that vio-
lates this section may— 
‘‘(A) sue therefor in any appropriate 
United States district court or in any court of 
competent jurisdiction; and 
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‘‘(B) recover damages as provided in sub-
section (c) and the cost of the suit, including 
reasonable attorneys’ fees. 
‘‘(4) ESTOPPEL.—A final judgment or decree 
rendered in favor of the United States in any crimi-
nal proceeding brought by the United States under 
this section shall estop the defendant from denying 
the essential allegations of the criminal offense in 
any subsequent civil proceeding brought by a person 
or by the United States. 
‘‘(c) ACTUAL AND STATUTORY DAMAGES.— 
‘‘(1) IN GENERAL.—In addition to any penalty 
imposed under subsection (a), a violator of this sec-
tion is liable in an action under subsection (b) for 
actual or statutory damages as provided in this sub-
section. 
‘‘(2) ACTIONS BY PRIVATE PERSONS.—A person 
bringing an action under subsection (b)(3) may 
elect, at any time before final judgment is rendered, 
to recover the actual damages suffered by him or her 
as a result of the violation or, instead of actual dam-
ages, an award of statutory damages for each viola-
tion involved in the action. 
‘‘(3) ACTIONS BY ATTORNEY GENERAL.—In any 
action under subsection (b)(2), the Attorney General 
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is entitled to recover an award of statutory damages 
for each violation involved in the action notwith-
standing any recovery under subsection (b)(3). 
‘‘(4) STATUTORY
DAMAGES.—A court may 
award, as the court considers just, statutory dam-
ages in a sum of not less than $25,000 or more than 
$50,000 per violation. 
‘‘(d) REBUTTABLE PRESUMPTION.—It shall be a re-
buttable presumption that the violation was committed 
willfully for purposes of determining relief under this sec-
tion if the violator, or a person acting in concert with the 
violator, did not have reasonable grounds to believe, either 
from the attention or publicity sought by the violator or 
other circumstance, that the conduct of such violator or 
person would not disturb or tend to disturb the peace or 
good order of such funeral, impede or tend to impede the 
access to or egress from such funeral, or disturb or tend 
to disturb the peace of any surviving member of the de-
ceased individual’s family who may be found on or near 
the residence, home, or domicile of the deceased individ-
ual’s family on the date of the service or ceremony. 
‘‘(e) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘disruptive activity’ means— 
‘‘(A) during the period beginning 120 min-
utes before and ending 120 minutes after such 
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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 location of such funeral or takes 
place within 300 feet of the point of the 
intersection between the boundary of the 
location of such funeral and a road, path-
way, or other route of ingress to or egress 
from the location of such funeral; 
‘‘(B) intentionally and without authoriza-
tion, within 500 feet of the boundary of the lo-
cation of such funeral, impeding access to or 
egress from the location of the funeral; or 
‘‘(C) knowingly making a noise or diver-
sion with intent to disturb the peace of persons 
that takes place on or near the boundary of a 
covered residence. 
‘‘(2) the term ‘covered funeral’ means a cere-
mony or memorial service held in connection with 
the burial or cremation of a member or former mem-
ber of the Armed Forces, which is not located at a 
cemetery under the control of the National Cemetery 
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Administration or part of Arlington National Ceme-
tery; 
‘‘(3) the term ‘covered residence’ means a resi-
dence, home, or domicile of any surviving member of 
the deceased individual’s family. 
‘‘(4) the term ‘Armed Forces’ has the meaning 
given the term in section 101 of title 10; 
‘‘(5) 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 wor-
ship; and 
‘‘(B) the reasonable property line of any 
other location. 
‘‘(6) the term ‘family’ has the meaning given 
such term in section 136. 
‘‘§ 294. Demonstrations at cemeteries under the con-
trol of the national cemetery administra-
tion and at Arlington National Cemetery 
‘‘Whoever violates section 2413 of title 38 shall be 
imprisoned for not more than one year. 
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‘‘§ 295. Prohibition on attacks on United States serv-
icemen on account of service 
‘‘(a) IN GENERAL.—Whoever knowingly assaults or 
batters a United States serviceman or a family member 
of a United States serviceman, or who knowingly destroys 
or injures the property of such serviceman or family mem-
ber, on account of the military service of that serviceman 
or status of that individual as a United States serviceman, 
or who attempts or conspires to do so, shall 
‘‘(1) in the case of a simple assault, or destruc-
tion or injury to property in which the damage or 
attempted damage to such property is not more than 
$500, be fined under this title in an amount not less 
than $500 nor more than $10,000 and imprisoned 
not more than 2 years; 
‘‘(2) in the case of destruction or injury to 
property in which the damage or attempted damage 
to such property is more than $500, be fined under 
this title in an amount not less than $1000 nor more 
than $100,000 and imprisoned not more than 5 
years; and 
‘‘(3) in the case of a battery, or an assault re-
sulting in bodily injury, be fined under this title in 
an amount not less than $2,500 and imprisoned not 
less than 6 months nor more than 10 years. 
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‘‘(b) EXCEPTION.—This section does not apply to 
conduct by a person who is subject to the Uniform Code 
of Military Justice. 
‘‘(c) DEFINITIONS.—In this section 
‘‘(1) the term ‘Armed Forces’ has the meaning 
given that term in section 101 of title 10; 
‘‘(2) the term ‘family’ has the meaning given 
that term in section 136; and 
‘‘(3) the term ‘United States serviceman’— 
‘‘(A) means a member of the Armed 
Forces; and 
‘‘(B) includes a former member of the 
Armed Forces during the 5-year period begin-
ning on the date of the discharge from the 
Armed Forces of that member of the Armed 
Forces. 
‘‘SUBCHAPTER D—CIVIL DISORDERS AND 
RIOTS 
‘‘296. Civil disorders. 
‘‘§ 296. Civil disorders 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) teaches or demonstrates to any other per-
son the use, application, or making of any firearm 
or explosive or incendiary device, or technique capa-
ble of causing injury or death to persons, knowing 
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or having reason to know or intending that the same 
will be unlawfully employed for use in, or in further-
ance of, a civil disorder which is in or affects inter-
state or foreign commerce or the performance of any 
federally protected function; 
‘‘(2) transports or manufactures for transpor-
tation in or affecting interstate or foreign commerce 
any firearm or explosive or incendiary device, know-
ing or having reason to know or intending that the 
same will be used unlawfully in furtherance of a civil 
disorder; or 
‘‘(3) commits or attempts to commit any act to 
obstruct, impede, or interfere with any fireman or 
law enforcement officer lawfully engaged in the law-
ful performance of official duties incident 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 ENFORCEMENT EXCLUSION.—Nothing in 
this section makes unlawful any act of any law enforce-
ment officer which is performed in the lawful performance 
of official duties. 
‘‘(c) DEFINITIONS.—The following definitions apply 
in this section: 
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‘‘(1) The term ‘civil disorder’ means any public 
disturbance involving acts of violence by assemblages 
of three or more persons, which causes an immediate 
danger of or results in damage or injury to the prop-
erty 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 depart-
ment, agency, or instrumentality of the United 
States or by an officer or employee thereof; and such 
term includes the collection and distribution of the 
United States mails. 
‘‘(3) The term ‘firearm’ means any weapon 
which is designed to or may readily be converted to 
expel any projectile 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 
‘‘(C) any incendiary bomb or grenade, fire 
bomb, or similar device, including any device 
which— 
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‘‘(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 department (including a volunteer fire depart-
ment) of any State, any political subdivision of a 
State. 
‘‘(6) The term ‘law enforcement officer’ means 
any officer or employee of the United States, of any 
State or any political subdivision of a State while en-
gaged in the enforcement or prosecution of any of 
the criminal laws of the United States or of that 
State or subdivision; and such term includes mem-
bers 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 
members of the Armed Forces of the United States, 
while engaged in suppressing acts of violence or re-
storing law and order during a civil disorder. 
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‘‘SUBCHAPTER E—ESPIONAGE AND 
CENSORSHIP 
‘‘301. General provisions for subchapter. 
‘‘302. Gathering or transmitting defense information. 
‘‘303. Losing defense information. 
‘‘304. Disclosure of classified and other similarly protected information. 
‘‘§ 301. General provisions for subchapter 
‘‘(a) DEFINITION.—In this subchapter, the term ‘for-
eign power’ has the meaning given that term in section 
101(a) of the Foreign Intelligence Surveillance Act of 
1978. 
‘‘(b) EXCLUSION RELATING TO LAWFUL DEMANDS 
OF CONGRESS.—Nothing in this subchapter prohibits the 
furnishing, upon lawful demand, of information to any 
regularly constituted 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 
information 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 na-
tional defense; or 
‘‘(2) provides information connected with the 
national defense to any person not entitled to receive 
it; 
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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, having lawful possession or control of any 
information connected with the national defense— 
‘‘(1) recklessly permits that information to be 
lost, stolen, or destroyed; or 
‘‘(2) knowing that the information has been 
lost, or stolen, or destroyed, fails to make prompt re-
port of that fact to an appropriate superior officer; 
shall be imprisoned not more than 10 years. 
‘‘§ 304. Disclosure of classified and other similarly 
protected information 
‘‘(a) OFFENSE.—Whoever knowingly provides pro-
tected information 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 10 years. 
‘‘(b) DEFINITIONS.—In this section— 
‘‘(1) the term ‘protected information’ means 
any classified information or any Restricted Data 
(as defined for the purposes of the Atomic Energy 
Act of 1954); 
‘‘(2) the term ‘classified information’ means in-
formation which, at the time of a violation of this 
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section, is, for reasons of national security, specifi-
cally designated by a United States Government au-
thority for limited or restricted dissemination or dis-
tribution— 
‘‘(A) concerning the nature, preparation, 
or use of any code, cipher, or cryptographic sys-
tem of the United States or any foreign power; 
‘‘(B) concerning the design, construction, 
use, maintenance, or repair of any device, appa-
ratus, or appliance used or prepared or planned 
for use by the United States or any foreign 
power for cryptographic or communication in-
telligence purposes; 
‘‘(C) concerning the communication intel-
ligence activities of the United States or any 
foreign power; or 
‘‘(D) obtained by the processes of commu-
nication intelligence from the communications 
of any foreign power, knowing the same to have 
been obtained by such processes; and 
‘‘(3) the terms ‘code’, ‘cipher’, and ‘cryp-
tographic system’ include any method of secret writ-
ing and any mechanical or electrical device or meth-
od used for the purpose of disguising or concealing 
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the contents, significance, or meanings of commu-
nications. 
‘‘SUBCHAPTER F—IMMIGRATION AND 
NATIONALITY 
‘‘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 conceal-
ment of facts. 
‘‘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 
application for passport with intent to induce or se-
cure the issuance of a passport under the authority 
of the United States, either for his own use or the 
use of another, contrary to the laws regulating the 
issuance of passports or the rules prescribed pursu-
ant to such laws; or 
‘‘(2) knowingly uses or attempts to use, or fur-
nishes to another for use any passport the issue of 
which was secured in any way by reason of any false 
statement; 
shall be imprisoned not more than 15 years. 
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‘‘§ 312. Forgery or false use of passport 
‘‘Whoever— 
‘‘(1) falsely makes, forges, counterfeits, muti-
lates, or alters any passport or instrument pur-
porting to be a passport, with intent that the same 
may be used; or 
‘‘(2) knowingly uses, or attempts to use, or fur-
nishes to another for use any such false, forged, 
counterfeited, mutilated, or altered passport or in-
strument purporting to be a passport, or any pass-
port validly issued which has become void by the oc-
currence of any condition therein prescribed invali-
dating 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 pursu-
ant to the laws regulating the issuance of passports; 
or 
‘‘(3) knowingly furnishes, disposes of, or deliv-
ers a passport to any person, for use by another 
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than the person for whose use it was originally 
issued and designed; 
shall be imprisoned not more than 15 years. 
‘‘§ 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 re-
ceipt card, or other document prescribed by statute 
or regulation for entry into or as evidence of author-
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 
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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; 
‘‘(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 
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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— 
‘‘(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 
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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-
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. 
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‘‘§ 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-
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, 
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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. 
‘‘(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; 
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‘‘(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 
‘‘(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) 
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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. 
‘‘(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. 
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‘‘(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 
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; 
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‘‘(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 
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— 
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‘‘(i) in the case of a violation of subparagraph 
(A)(i) or (v)(I) or in the case of a violation of sub-
paragraph (A)(ii), (iii), or (iv) in which the offense 
was done for the purpose of commercial advantage 
or private financial gain, be imprisoned 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 im-
prisoned 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. 
‘‘(C) It is not a violation of clause (ii) or (iii) of sub-
paragraph (A), or of clause (iv) of subparagraph (A) ex-
cept where a person encourages or induces an alien to 
come to or enter the United States, for a religious denomi-
nation having a bona fide nonprofit, religious organization 
in the United States, or the agents or officers of such de-
nomination or organization, to encourage, invite, call, 
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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 of room, board, travel, med-
ical assistance, and other basic living expenses, provided 
the minister or missionary has been a member of the de-
nomination for at least one year. 
‘‘(2) Whoever, knowing or in reckless disregard of the 
fact that an alien has not received prior official authoriza-
tion 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 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 unlaw-
fully brought into the United States will commit 
an offense against the United States or any 
State punishable by imprisonment for more 
than 1 year, 
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‘‘(ii) an offense done for the purpose of 
commercial advantage or private financial gain, 
or 
‘‘(iii) an offense in which the alien is not 
upon arrival immediately brought and presented 
to an appropriate immigration officer at a des-
ignated port of entry, 
be imprisoned not less than 5 nor more than 15 
years. 
‘‘(3)(A) Whoever, during any 12-month period, know-
ingly hires for employment at least 10 individuals with ac-
tual knowledge 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 sec-
tion 274A(h)(3) of the Immigration and Nationality 
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 subsection, the 
sentence otherwise provided for may be increased by up 
to 10 years if— 
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‘‘(A) the offense was part of an ongoing com-
mercial organization or enterprise; 
‘‘(B) aliens were transported in groups of 10 or 
more; and 
‘‘(C)(i) aliens were transported in a manner 
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. 
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‘‘(d) OUTREACH
PROGRAM.—The Secretary of 
Homeland Security, in consultation with the Attorney 
General and the Secretary of State, as appropriate, shall 
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 
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enter) the United States at a time or place other than 
as designated by immigration 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 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 
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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 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; 
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‘‘(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-
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 
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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 
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. 
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‘‘§ 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 
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 
‘‘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. 
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‘‘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— 
‘‘(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; 
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‘‘(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) 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 
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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 
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 
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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; 
‘‘(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-
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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; 
‘‘(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. 
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‘‘§ 402. Basic offenses 
‘‘Except as authorized by this chapter, the Controlled 
Substances Act, or the Controlled Substances Import and 
Export Act, whoever knowingly— 
‘‘(1) manufactures, distributes, or dispenses, or 
possesses with intent to manufacture, distribute, or 
dispense, a controlled substance; 
‘‘(2) creates, distributes, or dispenses, or pos-
sesses with intent to distribute or dispense, a coun-
terfeit substance; 
‘‘(3) imports or exports a controlled substance 
in violation of section 1002, 1003, or 1007 of the 
Controlled Substances Import and Export Act; 
‘‘(4) brings or possesses on board a vessel, air-
craft, or vehicle a controlled substance in violation of 
section 1005 of that Act; or 
‘‘(5) manufactures, possesses with intent to dis-
tribute, or distributes a controlled substance in viola-
tion of section 1009 of that Act; 
shall be punished as provided in this chapter. 
‘‘§ 403. Basic punishment structure 
‘‘(a) LARGE QUANTITIES OF MAJOR DRUGS.— 
‘‘(1) PRISON.—If the violation of section 402 
involves a large quantity of a major drug, the of-
fender shall be imprisoned not less than ten years, 
or for life. If the offender is a repeat offender or if 
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death or serious bodily injury results to any person 
from the offense, the term shall not be less than 20 
years. If the offender is a career offender, the term 
shall be life. 
‘‘(2) FINE.—An offender to whom paragraph 
(1) 
applies 
shall 
be 
fined 
not 
more 
than 
$10,000,000, and if the offender is a repeat of-
fender, not more than $20,000,000. 
‘‘(3) SUPERVISED
RELEASE.—An offender to 
whom paragraph (1) applies shall be sentenced to 
supervised release for a period of at least 5 years, 
but if the offender is a repeat offender, for a period 
of 10 years. 
‘‘(b) 
SUBSTANTIAL
QUANTITIES
OF
MAJOR 
DRUGS.— 
‘‘(1) PRISON.—If the violation of section 402 
involves a substantial quantity of a major drug, the 
offender shall be imprisoned not less than five years 
nor more than 40 years, but if death or serious bod-
ily injury results to any person from the offense, not 
less than 20 years, or for life. If the offender is a 
repeat offender, the term shall not be less than 10 
years, or life, but if death or serious bodily injury 
results to any person from the offense, the term 
shall be life. 
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‘‘(2) FINE.—An offender to whom paragraph 
(1) applies shall be fined not more than $5,000,000 
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 
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from the offense, the term shall not be less than 20 
years, or life. 
‘‘(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 
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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 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 
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if the offender is an individual or $5,000,000 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. 
‘‘(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. 
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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 one year, 
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 
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territorial jurisdiction of the United States) against 
an individual, violates section 402 by distributing a 
controlled substance or controlled substance ana-
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-
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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 
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 
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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 
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; 
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‘‘(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, 
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 a family member, in violation 
of this chapter, the Controlled Substances Act, 
or the Controlled Substances Import and Ex-
port 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-
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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 
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). 
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‘‘§ 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 
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-
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uted, or dispensed shall be imprisoned not more 
than ten years. 
‘‘(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 
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‘‘(ii) twice any term of supervised re-
lease authorized by section 403 for a first 
offense; and 
‘‘(B) in the case of an offense under this 
subsection after a prior conviction under this 
subsection— 
‘‘(i) three times the maximum 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 
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‘‘(ii) is located within 2,500 feet of 
the National System of Interstate and De-
fense Highways or the Federal-Aid Pri-
mary System. 
‘‘§ 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. 
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‘‘(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.— 
‘‘(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 
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public housing authority, or within 100 feet of a public 
or private youth center, public swimming pool, or video 
arcade facility, is (except as provided in subsection (b)) 
subject to— 
‘‘(1) twice the maximum punishment authorized 
by 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 
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‘‘(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. 
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, 
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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; 
‘‘(2) the term ‘youth center’ means any rec-
reational facility or gymnasium (including any park-
ing lot appurtenant thereto), intended primarily for 
use by persons under 18 years of age, which regu-
larly 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 
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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-
tion 310 of the Controlled Substances Act, or the 
regulations issued under that section, receives or dis-
tributes a reportable amount of any listed chemical 
in units small enough so that the making of records 
or filing of reports under that section is not re-
quired; 
shall be imprisoned not more than 20 years in the case 
of a violation of paragraph (1) or (2) involving a list I 
chemical or not more than 10 years in any other case. 
‘‘(b) INJUNCTIONS.—In addition to any other appli-
cable penalty, any person convicted of a felony violation 
of this section relating to the receipt, distribution, manu-
facture, exportation, or importation of a listed chemical 
may be enjoined from engaging in any transaction involv-
ing a listed chemical for not more than ten years. 
‘‘(c) ADDITIONAL OFFENSES.— 
‘‘(1) Whoever knowingly distributes a listed 
chemical in violation of this chapter or the Con-
trolled Substances Act (other than in violation of a 
recordkeeping or reporting requirement of section 
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310 of such Act) shall be imprisoned not more than 
5 years. 
‘‘(2) Whoever knowingly possesses any listed 
chemical, with knowledge that the recordkeeping or 
reporting requirements of section 310 of such Act 
have not been adhered to, if, after such knowledge 
is acquired, such person does not take immediate 
steps to remedy the violation shall be imprisoned not 
more than one year. 
‘‘§ 409. Domestic regulatory offenses 
‘‘(a) UNLAWFUL CONDUCT GENERALLY.—It shall be 
unlawful for any person— 
‘‘(1) who is subject to the requirements of part 
C of the Controlled Substances Act to distribute or 
dispense a controlled substance in violation of sec-
tion 309 of that Act; 
‘‘(2) who is a registrant to distribute or dis-
pense a controlled substance not authorized by his 
registration to another registrant or other author-
ized person or to manufacture a controlled substance 
not authorized by his registration; 
‘‘(3) who is a registrant to distribute a con-
trolled substance in violation of section 305 of the 
Controlled Substances Act; 
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‘‘(4) to remove, alter, or obliterate a symbol or 
label required by section 305 of the Controlled Sub-
stances Act; 
‘‘(5) to refuse or negligently fail to make, keep, 
or furnish any record, report, notification, declara-
tion, order or order form, statement, invoice, or in-
formation required under the Controlled Substances 
Act or the Controlled Substances Import and Export 
Act; 
‘‘(6) to refuse any entry into any premises or 
inspection authorized by the Controlled Substances 
Act or the Controlled Substances Import and Export 
Act; 
‘‘(7) to remove, break, injure, or deface a seal 
placed upon controlled substances pursuant to sec-
tion 304(f) or 511 of the Controlled Substances Act 
or to remove or dispose of substances so placed 
under seal; 
‘‘(8) to use, to his own advantage, or to reveal, 
other than to duly authorized officers or employees 
of the United States, or to the courts when relevant 
in any judicial proceeding under this title or title III, 
any information acquired in the course of an inspec-
tion authorized by the Controlled Substances Act 
concerning any method or process which as a trade 
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secret is entitled to protection, or to use to his own 
advantage or reveal (other than as authorized by 
section 310 of that Act) any information that is con-
fidential under such section; 
‘‘(9) who is a regulated person to engage in a 
regulated transaction without obtaining the identi-
fication required by 310(a)(3) of the Controlled Sub-
stances Act; 
‘‘(10) negligently to fail to keep a record, make 
a report, or self-certify as required under section 
310 of the Controlled Substances Act; 
‘‘(11) to distribute a laboratory supply to a per-
son who uses, or attempts to use, that laboratory 
supply to manufacture a controlled substance or a 
listed chemical, in violation of this chapter, the Con-
trolled Substances Act, or the Controlled Substances 
Import and Export Act, with reckless disregard for 
the illegal uses to which such a laboratory supply 
will be put; 
‘‘(12) who is a regulated seller, or a distributor 
required to submit reports under subsection (b)(3) 
of section 310 of the Controlled Substances Act— 
‘‘(A) to sell at retail a scheduled listed 
chemical product in violation of paragraph (1) 
of subsection (d) of such section, knowing at 
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the time of the transaction involved (inde-
pendent of consulting the logbook under sub-
section (e)(1)(A)(iii) of such section) that the 
transaction is a violation; or 
‘‘(B) to knowingly or recklessly sell at re-
tail such a product in violation of paragraph (2) 
of such subsection (d); 
‘‘(13) who is a regulated seller to knowingly or 
recklessly sell at retail a scheduled listed chemical 
product in violation of subsection (e) of section 310 
of the Controlled Substances Act; 
‘‘(14) who is a regulated seller or an employee 
or agent of such seller to disclose, in violation of reg-
ulations 
under 
subparagraph 
(C) 
of 
section 
310(e)(1) of the Controlled Substances Act, informa-
tion in logbooks under subparagraph (A)(iii) of such 
section, or to refuse to provide such a logbook to 
Federal, State, or local law enforcement authorities; 
or 
‘‘(15) to distribute a scheduled listed chemical 
product to a regulated seller, or to a regulated per-
son referred to in section 310(b)(3)(B) of the Con-
trolled Substances Act, unless such regulated seller 
or regulated person is, at the time of such distribu-
tion, currently registered with the Drug Enforce-
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ment Administration, or on the list of persons re-
ferred to under section 310(e)(1)(B)(v) of that Act. 
For purposes of paragraph (15), if the distributor is tem-
porarily unable to access the list of persons referred to 
under section 310(e)(1)(B)(v) of the Controlled Sub-
stances Act, the distributor may rely on a written, faxed, 
or electronic copy of a certificate of self-certification sub-
mitted by the regulated seller or regulated person, pro-
vided the distributor confirms within 7 business days of 
the distribution that such regulated seller or regulated 
person is on the list referred to under section 
310(e)(1)(B)(v) of that Act. 
‘‘(b) DEFINITION.—As used in paragraph (11) of 
subsection (a), the term ‘laboratory supply’ means a listed 
chemical or any chemical, substance, or item on a special 
surveillance list published by the Attorney General, which 
contains chemicals, products, materials, or equipment 
used in the manufacture of controlled substances and list-
ed chemicals. For purposes of that paragraph, there is a 
rebuttable presumption of reckless disregard at trial if the 
Attorney General notifies a firm in writing that a labora-
tory supply sold by the firm, or any other person or firm, 
has been used by a customer of the notified firm, or dis-
tributed further by that customer, for the unlawful pro-
duction of controlled substances or listed chemicals a firm 
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distributes and 2 weeks or more after the notification the 
notified firm distributes a laboratory supply to the cus-
tomer. 
‘‘(c) SCHEDULE I AND II SUBSTANCES.—It shall be 
unlawful for any person who is a registrant to manufac-
ture a controlled substance in schedule I or II which is— 
‘‘(1) not expressly authorized by the registra-
tion and by a quota assigned to that registrant pur-
suant to section 306 of the Controlled Substances 
Act; or 
‘‘(2) in excess of a quota assigned to that reg-
istrant pursuant to section 306. 
‘‘(d) CIVIL PENALTY.— 
‘‘(1)(A) Except as provided in subparagraph 
(B) of this paragraph and paragraph (2), whoever 
violates this section shall, with respect to any such 
violation, be subject to a civil penalty of not more 
than $25,000. 
‘‘(B) In the case of a violation of paragraph (5) 
or (10) of subsection (a), the civil penalty shall not 
exceed $10,000. 
‘‘(2)(A) Whoever knowingly violates this section 
shall, except as otherwise provided in subparagraph 
(B), be imprisoned not more than one year. 
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‘‘(B) If a violation referred to in subparagraph 
(A) was committed after one or more prior convic-
tions of the offender for an offense punishable under 
this paragraph (2), or for a crime under any other 
provision of any law of the United States relating to 
controlled substances, narcotic drugs, marihuana, or 
depressant or stimulant substances, have become 
final, such person shall be sentenced to a term of 
imprisonment of not more than 2 years. 
‘‘(C) In addition to the penalties set forth else-
where in this title, any business that violates para-
graph (11) of subsection (a) shall, with respect to 
the first such violation, be subject to a civil penalty 
of not more than $250,000, but shall not be subject 
to criminal penalties under this section, and shall, 
for any succeeding violation, be subject to a civil fine 
of not more than $250,000 or double the last pre-
viously imposed penalty, whichever is greater. 
‘‘(3) Except under the conditions specified in 
paragraph (2) of this subsection, a violation of this 
section does not constitute a crime, and a judgment 
for the United States and imposition of a civil pen-
alty pursuant to paragraph (1) shall not give rise to 
any disability or legal disadvantage based on convic-
tion for a criminal offense. 
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‘‘§ 410. Additional domestic regulatory offenses 
‘‘(a) GENERALLY.—It shall be unlawful for any per-
son knowingly— 
‘‘(1) as a registrant to distribute a controlled 
substance classified in schedule I or II, in the course 
of legitimate business, except pursuant to an order 
or an order form as required by section 308 of the 
Controlled Substances Act; 
‘‘(2) to use in the course of the manufacture, 
distribution, or dispensing of a controlled substance, 
or to use for the purpose of acquiring or obtaining 
a controlled substance, a registration number which 
is fictitious, revoked, suspended, expired, or issued 
to another person; 
‘‘(3) to acquire or obtain possession of a con-
trolled substance by misrepresentation, fraud, for-
gery, deception, or subterfuge; 
‘‘(4)(A) to furnish false or fraudulent material 
information in, or omit any material information 
from, any application, report, record, or other docu-
ment required to be made, kept, or filed under this 
chapter, the Controlled Substances Act, or the Con-
trolled Substances Import and Export Act; or 
‘‘(B) to present false or fraudulent identifica-
tion where the person is receiving or purchasing a 
listed chemical and the person is required to present 
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identification under section 310(a) of the Controlled 
Substances Act; 
‘‘(5) to make, distribute, or possess any punch, 
die, plate, stone, or other thing designed to print, 
imprint, or reproduce the trademark, trade name, or 
other identifying mark, imprint, or device of another 
or any likeness of any of the foregoing upon any 
drug or container or labeling thereof so as to render 
such drug a counterfeit substance; 
‘‘(6) to possess any three-neck round-bottom 
flask, tableting machine, encapsulating machine, or 
gelatin capsule, or any equipment, chemical, prod-
uct, or material which may be used to manufacture 
a controlled substance or listed chemical, knowing, 
intending, or having reasonable cause to believe, that 
it will be used to manufacture a controlled substance 
or listed chemical in violation of this chapter, the 
Controlled Substances Act, or the Controlled Sub-
stances Import and Export Act; 
‘‘(7) to manufacture, distribute, export, or im-
port any three-neck round-bottom flask, tableting 
machine, encapsulating machine, or gelatin capsule, 
or any equipment, chemical, product, or material 
which may be used to manufacture a controlled sub-
stance or listed chemical, knowing, intending, or 
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having reasonable cause to believe, that it will be 
used to manufacture a controlled substance or listed 
chemical in violation of this chapter, the Controlled 
Substances Act, or the Controlled Substances Im-
port and Export Act, or, in the case of an expor-
tation, in violation of this chapter, the Controlled 
Substances Act, the Controlled Substances Import 
and Export Act, or of the laws of the country to 
which it is exported; 
‘‘(8) to create a chemical mixture for the pur-
pose of evading a requirement of section 310 of the 
Controlled Substances Act or to receive a chemical 
mixture created for that purpose; or 
‘‘(9) to distribute, import, or export a list I 
chemical without the registration required by the 
Controlled Substances Act or the Controlled Sub-
stances Import and Export Act. 
‘‘(b) USE OF COMMUNICATION FACILITY.— 
‘‘(1) It shall be unlawful for any person know-
ingly or intentionally to use any communication fa-
cility in committing or in causing or facilitating the 
commission of any felony under this chapter, the 
Controlled Substances Act, or the Controlled Sub-
stances Import and Export Act. 
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‘‘(2) Each separate use of a communication fa-
cility shall be a separate offense under this sub-
section. 
‘‘(3) As used in this subsection, the term ‘com-
munication facility’ means any and all public and 
private instrumentalities used or useful in the trans-
mission of writing, signs, signals, pictures, or sounds 
of all kinds and includes mail, telephone, wire, radio, 
and all other means of communication. 
‘‘(c) ADVERTISING.— 
‘‘(1) It shall be unlawful for any person to place 
in any newspaper, magazine, handbill, or other pub-
lications, any written advertisement knowing that it 
has the purpose of seeking or offering illegally to re-
ceive, buy, or distribute a schedule I controlled sub-
stance. 
‘‘(2) As used in this subsection the term ‘adver-
tisement’ includes such advertisements as those for 
a catalog of schedule I controlled substances and 
any similar written advertisement that has the pur-
pose of seeking or offering illegally to receive, buy, 
or distribute a schedule I controlled substance. The 
term ‘advertisement’ does not include material which 
merely advocates the use of a similar material, which 
advocates a position or practice, and does not at-
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tempt to propose or facilitate an actual transaction 
in a schedule I controlled substance. 
‘‘(d) PENALTIES.— 
‘‘(1) Except as provided in paragraph (2), who-
ever knowingly violates this section shall be impris-
oned not more than 4 years; except that if any per-
son commits such a violation after being convicted 
for a felony under any law of the United States re-
lating to controlled substances, narcotic drugs, mari-
huana, or depressant or stimulant substances, such 
person shall be sentenced to a term of imprisonment 
of not more than 8 years. 
‘‘(2) Whoever, with the intent to manufacture 
or to facilitate the manufacture of methamphet-
amine, violates paragraph (6) or (7) of subsection 
(a), shall be imprisoned not more than 10 years; ex-
cept that if any person commits such a violation 
after one or more prior convictions of that persons 
for a violation of any law of the United States or 
any State relating to controlled substances or listed 
chemicals, such person shall be imprisoned not more 
than 20 years. 
‘‘(e) INJUNCTION
RELATING
TO
ENGAGING
IN 
TRANSACTIONS.—In addition to any other applicable pen-
alty, any person convicted of a felony violation of this sec-
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if such violation were a violation of a provision of section 
410. 
‘‘§ 417. Controlled substances import and export list-
ed chemical offenses 
‘‘Whoever knowingly— 
‘‘(1) imports or exports a listed chemical with 
intent to manufacture a controlled substance in vio-
lation of this chapter, the Controlled Substances 
Act, or the Controlled Substances Import and Ex-
port Act; 
‘‘(2) exports a listed chemical in violation of the 
laws of the country to which the chemical is ex-
ported or serves as a broker or trader for an inter-
national transaction involving a listed chemical, if 
the transaction is in violation of the laws of the 
country to which the chemical is exported; 
‘‘(3) imports or exports a listed chemical know-
ing, or having reasonable cause to believe, that the 
chemical will be used to manufacture a controlled 
substance in violation of this chapter, the Controlled 
Substances Act, or the Controlled Substances Im-
port or Export Act; 
‘‘(4) exports a listed chemical, or serves as a 
broker or trader for an international transaction in-
volving a listed chemical, knowing, or having reason-
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‘‘(iii) regulations promulgated by the 
Attorney General to implement the Motor 
Vehicle Theft Prevention Act. 
‘‘(c) DEFINITIONS FOR SECTION.—As used in this 
section— 
‘‘(1) the term ‘identification number’ means a 
number or symbol that is inscribed or affixed for 
purposes of identification under chapter 301 and 
part C of subtitle VI of title 49; 
‘‘(2) the term ‘motor vehicle’ has the meaning 
given that term in section 32101 of title 49; 
‘‘(3) the term ‘motor vehicle demolisher’ means 
a person, including any motor vehicle dismantler or 
motor vehicle recycler, who is engaged in the busi-
ness of reducing motor vehicles or motor vehicle 
parts to metallic scrap that is unsuitable for use as 
either a motor vehicle or a motor vehicle part; 
‘‘(4) the term ‘motor vehicle scrap processor’ 
means a person— 
‘‘(A) who is engaged in the business of 
purchasing motor vehicles or motor vehicle 
parts for reduction to metallic scrap for recy-
cling; 
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