426 
‘‘(6) has been adjudicated a mental defective or 
who has been committed to a mental institution; 
‘‘(7) is an alien, other than an alien who— 
‘‘(A) is lawfully admitted for permanent 
residence (as defined in section 101(a)(20) of 
the Immigration and Nationality Act); 
‘‘(B) is in lawful nonimmigrant status, is 
a refugee admitted under section 207 of the 
Immigration and Nationality Act, or is in asy-
lum status under section 208 of that Act, 
and— 
‘‘(i) is a foreign law enforcement offi-
cer of a friendly foreign government, as de-
termined by the Attorney General in con-
sultation with the Secretary of State, en-
tering the United States on official law en-
forcement business, and the shipping, 
transporting, possession, or receipt of ex-
plosive materials is in furtherance of this 
official law enforcement business; or 
‘‘(ii) is a person having the power to 
direct or cause the direction of the man-
agement and policies of a corporation, 
partnership, or association licensed pursu-
ant to section 613(a), and the shipping, 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00426
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
427 
transporting, possession, or receipt of ex-
plosive materials is in furtherance of such 
power; 
‘‘(C) is a member of a North Atlantic 
Treaty Organization (NATO) or other friendly 
foreign military force, as determined by the At-
torney General in consultation with the Sec-
retary of Defense, who is present in the United 
States under military orders for training or 
other military purpose authorized by the United 
States and the shipping, transporting, posses-
sion, or receipt of explosive materials is in fur-
therance of the authorized military purpose; or 
‘‘(D) is lawfully present in the United 
States in cooperation with the Director of Cen-
tral Intelligence, and the shipment, transpor-
tation, receipt, or possession of the explosive 
materials is in furtherance of such cooperation; 
‘‘(8) has been discharged from the armed forces 
under dishonorable conditions; or 
‘‘(9) having been a citizen of the United States, 
has renounced the citizenship of that person. 
‘‘(e) DISTRIBUTION TO PERSONS PROHIBITED BY 
STATE LAW FROM POSSESSION.—It shall be unlawful for 
any licensee knowingly to distribute any explosive mate-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00427
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
428 
rials to any person in any State where the purchase, pos-
session, or use by such person of such explosive materials 
would be in violation of any State law or any published 
ordinance applicable at the place of distribution. 
‘‘(f) RECORDS.—It shall be unlawful for any licensee 
or permittee willfully to manufacture, import, purchase, 
distribute, or receive explosive materials without making 
such records as the Attorney General may by regulation 
require. Such records shall include a statement of intended 
use, the name, date, place of birth, social security number 
or taxpayer identification number, and place of residence 
of any natural person to whom explosive materials are dis-
tributed. If explosive materials are distributed to a cor-
poration or other business entity, such records shall in-
clude the identity and principal and local places of busi-
ness and the name, date, place of birth, and place of resi-
dence of the natural person acting as agent of the corpora-
tion or other business entity in arranging the distribution. 
‘‘(g) FALSE ENTRY ON RECORDS.—It shall be unlaw-
ful for any licensee or permittee knowingly to make any 
false entry in any record which he is required to keep pur-
suant to this section or regulations prescribed under sec-
tion 617. 
‘‘(h) SHIPMENT AND OTHER MATTERS PERTAINING 
TO STOLEN EXPLOSIVE MATERIALS.—It shall be unlawful 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00428
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
429 
for any person to receive, possess, transport, ship, conceal, 
store, barter, sell, dispose of, or pledge or accept as secu-
rity for a loan, any stolen explosive materials which are 
moving as, which are part of, which constitute, or which 
have been shipped or transported in, interstate or foreign 
commerce, either before or after such materials were sto-
len, knowing or having reasonable cause to believe that 
the explosive materials were stolen. 
‘‘(i) POSSESSION AND OTHER CONDUCT BY PROHIB-
ITED PERSONS.—It shall be unlawful for any person— 
‘‘(1) who is under indictment for, or who has 
been convicted in any court of, a crime punishable 
by imprisonment for a term exceeding one year; 
‘‘(2) who is a fugitive from justice; 
‘‘(3) who is an unlawful user of or addicted to 
any controlled substance; 
‘‘(4) who has been adjudicated as a mental de-
fective or who has been committed to a mental insti-
tution; 
‘‘(5) who is an alien, other than an alien who— 
‘‘(A) is lawfully admitted for permanent 
residence (as that term is defined in section 
101(a)(20) of the Immigration and Nationality 
Act); 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00429
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
430 
‘‘(B) is in lawful nonimmigrant status, is 
a refugee admitted under section 207 of the 
Immigration and Nationality Act, or is in asy-
lum status under section 208 of the Immigra-
tion and Nationality Act, and— 
‘‘(i) is a foreign law enforcement offi-
cer of a friendly foreign government, as de-
termined by the Attorney General in con-
sultation with the Secretary of State, en-
tering the United States on official law en-
forcement business, and the shipping, 
transporting, possession, or receipt of ex-
plosive materials is in furtherance of this 
official law enforcement business; or 
‘‘(ii) is a person having the power to 
direct or cause the direction of the man-
agement and policies of a corporation, 
partnership, or association licensed pursu-
ant to section 843(a), and the shipping, 
transporting, possession, or receipt of ex-
plosive materials is in furtherance of such 
power; 
‘‘(C) is a member of a North Atlantic 
Treaty Organization (NATO) or other friendly 
foreign military force, as determined by the At-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00430
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
431 
torney General in consultation with the Sec-
retary of Defense, who is present in the United 
States under military orders for training or 
other military purpose authorized by the United 
States and the shipping, transporting, posses-
sion, or receipt of explosive materials is in fur-
therance of the authorized military purpose; or 
‘‘(D) is lawfully present in the United 
States in cooperation with the Director of Cen-
tral Intelligence, and the shipment, transpor-
tation, receipt, or possession of the explosive 
materials is in furtherance of such cooperation; 
‘‘(6) who has been discharged from the armed 
forces under dishonorable conditions; or 
‘‘(7) who, having been a citizen of the United 
States, has renounced the citizenship of that person; 
to ship or transport any explosive in or affecvting inter-
state or foreign commerce or to receive or possess any ex-
plosive which has been shipped or transporated in or af-
fecting interestate or foreign commerce. 
‘‘(j) STORAGE REQUIREMENTS.—It shall be unlawful 
for any person to store any explosive material in a manner 
not in conformity with regulations promulgated by the At-
torney General. In promulgating such regulations, the At-
torney General shall take into consideration the class, 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00431
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
432 
type, and quantity of explosive materials to be stored, as 
well as the standards of safety and security recognized in 
the explosives industry. 
‘‘(k) FAILURE TO REPORT THEFT OR LOSS.—It shall 
be unlawful for any person who has knowledge of the theft 
or loss of any explosive materials from his stock, to fail 
to report such theft or loss within twenty-four hours of 
discovery thereof, to the Attorney General and to appro-
priate local authorities. 
‘‘(l) DETECTION AGENTS REQUIRED FOR MANUFAC-
TURE OF PLASTIC EXPLOSIVES.—It shall be unlawful for 
any person to manufacture any plastic explosive that does 
not contain a detection agent. 
‘‘(m) IMPORTATION OF PLASTIC EXPLOSIVES WITH-
OUT DETECTION AGENTS.— 
‘‘(1) It shall be unlawful for any person to im-
port or bring into the United States, or export from 
the United States, any plastic explosive that does 
not contain a detection agent. 
‘‘(2) This subsection does not apply to the im-
portation or bringing into the United States, or the 
exportation from the United States, of any plastic 
explosive that was imported or brought into, or man-
ufactured in the United States prior to the date of 
enactment of this subsection by or on behalf of any 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00432
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
433 
agency of the United States performing military or 
police functions (including any military reserve com-
ponent) or by or on behalf of the National Guard of 
any State, not later than 15 years after the date of 
entry into force of the Convention on the Marking 
of Plastic Explosives, with respect to the United 
States. 
‘‘(n) POSSESSION AND OTHER CONDUCT WITH RE-
GARD TO PLASTIC EXPLOSIVES WITHOUT DETECTION 
AGENTS.— 
‘‘(1) It shall be unlawful for any person to ship, 
transport, transfer, receive, or possess any plastic 
explosive that does not contain a detection agent. 
‘‘(2) This subsection does not apply to— 
‘‘(A) the shipment, transportation, trans-
fer, receipt, or possession of any plastic explo-
sive that was imported or brought into, or man-
ufactured in the United States prior to the date 
of enactment of this subsection by any person 
during the period beginning on that date and 
ending 3 years after that date of enactment; or 
‘‘(B) the shipment, transportation, trans-
fer, receipt, or possession of any plastic explo-
sive that was imported or brought into, or man-
ufactured in the United States prior to the date 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00433
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
434 
of enactment of this subsection by or on behalf 
of any agency of the United States performing 
a military or police function (including any mili-
tary reserve component) or by or on behalf of 
the National Guard of any State, not later than 
15 years after the date of entry into force of 
the Convention on the Marking of Plastic Ex-
plosives, with respect to the United States. 
‘‘(o) DISTRIBUTION OF INFORMATION RELATING TO 
EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAPONS OF 
MASS DESTRUCTION.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘destructive device’ has the 
same meaning as in section 581; 
‘‘(B) the term ‘explosive’ has the same 
meaning as in section 614; and 
‘‘(C) the term ‘weapon of mass destruc-
tion’ has the same meaning as in section 271. 
‘‘(2) PROHIBITION.—It shall be unlawful for 
any person— 
‘‘(A) to teach or demonstrate the making 
or use of an explosive, a destructive device, or 
a weapon of mass destruction, or to distribute 
by any means information pertaining to, in 
whole or in part, the manufacture or use of an 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00434
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
435 
explosive, destructive device, or weapon of mass 
destruction, with the intent that the teaching, 
demonstration, or information be used for, or in 
furtherance of, an activity that constitutes a 
Federal crime of violence; or 
‘‘(B) to teach or demonstrate to any per-
son the making or use of an explosive, a de-
structive device, or a weapon of mass destruc-
tion, or to distribute to any person, by any 
means, information pertaining to, in whole or in 
part, the manufacture or use of an explosive, 
destructive device, or weapon of mass destruc-
tion, knowing that such person intends to use 
the teaching, demonstration, or information for, 
or in furtherance of, an activity that constitutes 
a Federal crime of violence. 
‘‘§ 613. Licenses and user permits 
‘‘(a) REQUIREMENTS FOR APPLICATION.—An appli-
cation for a user permit or limited permit or a license to 
import, manufacture, or deal in explosive materials shall 
be in such form and contain such information as the At-
torney General shall by regulation prescribe, including the 
names of and appropriate identifying information regard-
ing all employees who will be authorized by the applicant 
to possess explosive materials, as well as fingerprints and 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00435
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
436 
a photograph of each responsible person. Each applicant 
for a license or permit shall pay a fee to be charged as 
set by the Attorney General, said fee not to exceed $50 
for a limited permit and $200 for any other license or per-
mit. Each license or user permit shall be valid for not 
longer than 3 years from the date of issuance and each 
limited permit shall be valid for not longer than 1 year 
from the date of issuance. Each license or permit shall 
be renewable upon the same conditions and subject to the 
same restrictions as the original license or permit, and 
upon payment of a renewal fee not to exceed one-half of 
the original fee. 
‘‘(b) APPROVAL OF APPLICATION.—Upon the filing 
of a proper application and payment of the prescribed fee, 
and subject to this chapter and other applicable laws, the 
Attorney General shall issue to such applicant the appro-
priate license or permit if— 
‘‘(1) the applicant (or, if the applicant is a cor-
poration, partnership, or association, each respon-
sible person with respect to the applicant) is not a 
person described in section 612(i); 
‘‘(2) the applicant has not willfully violated this 
subchapter or regulations issued under this sub-
chapter; 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00436
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
437 
‘‘(3) the applicant has in a State premises from 
which he conducts or intends to conduct business; 
‘‘(4)(A) the Attorney General verifies by inspec-
tion or, if the application is for an original limited 
permit or the first or second renewal of such a per-
mit, by such other means as the Attorney General 
determines appropriate, that the applicant has a 
place of storage for explosive materials which meets 
such standards of public safety and security against 
theft as the Attorney General by regulations shall 
prescribe; and 
‘‘(B) subparagraph (A) does not apply to an 
applicant for the renewal of a limited permit if the 
Attorney General has verified, by inspection within 
the preceding 3 years, the matters described in sub-
paragraph (A) with respect to the applicant; 
‘‘(5) the applicant has demonstrated and cer-
tified in writing that he is familiar with all published 
State laws and local ordinances relating to explosive 
materials for the location in which he intends to do 
business; 
‘‘(6) none of the employees of the applicant who 
will be authorized by the applicant to possess explo-
sive materials is any person described in section 
612(i); and 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00437
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
438 
‘‘(7) in the case of a limited permit, the appli-
cant has certified in writing that the applicant will 
not receive explosive materials on more than 6 sepa-
rate occasions during the 12-month period for which 
the limited permit is valid. 
‘‘(c) TIME LIMIT FOR ACTION.—The Attorney Gen-
eral shall approve or deny an application within a period 
of 90 days for licenses and permits, beginning on the date 
such application is received by the Attorney General. 
‘‘(d) REVOCATION.—The Attorney General may re-
voke any license or permit issued under this section if in 
the opinion of the Attorney General the holder thereof has 
violated this subchapter or any rule or regulation pre-
scribed under this subchapter, or has become ineligible to 
acquire explosive materials under section 612(d). The At-
torney General’s action under this subsection may be re-
viewed only as provided in subsection (e)(2) of this section. 
‘‘(e) PROCEDURAL REQUIREMENTS.— 
‘‘(1) Any person whose application is denied or 
whose license or permit is revoked shall receive a 
written notice from the Attorney General stating the 
specific grounds upon which such denial or revoca-
tion is based. Any notice of a revocation of a license 
or permit shall be given to the holder of such license 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00438
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
439 
or permit prior to or concurrently with the effective 
date of the revocation. 
‘‘(2) If the Attorney General denies an applica-
tion for, or revokes a license, or permit, he shall, 
upon request by the aggrieved party, promptly hold 
a hearing to review his denial or revocation. In the 
case of a revocation, the Attorney General may upon 
a request of the holder stay the effective date of the 
revocation. A hearing under this section shall be at 
a location convenient to the aggrieved party. The At-
torney General shall give written notice of his deci-
sion to the aggrieved party within a reasonable time 
after the hearing. The aggrieved party may, within 
sixty days after receipt of the Secretary’s written de-
cision, file a petition with the United States court of 
appeals for the district in which he resides or has his 
principal place of business for a judicial review of 
such denial or revocation, pursuant to sections 701 
through 706 of title 5. 
‘‘(f) INSPECTIONS.—Licensees and holders of user 
permits shall make available for inspection at all reason-
able times their records kept pursuant to this chapter or 
the regulations issued hereunder, and licensees and per-
mittees shall submit to the Attorney General such reports 
and information with respect to such records and the con-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00439
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
440 
tents thereof as he shall by regulations prescribe. The At-
torney General may enter during business hours the prem-
ises (including places of storage) of any licensee or holder 
of a user permit, for the purpose of inspecting or exam-
ining (1) any records or documents required to be kept 
by such licensee or permittee, under this chapter or regu-
lations issued under this chapter, and (2) any explosive 
materials kept or stored by such licensee or permittee at 
such premises. Upon the request of any State or any polit-
ical subdivision thereof, the Attorney General may make 
available to such State or any political subdivision thereof, 
any information which he may obtain by reason of this 
subchapter with respect to the identification of persons 
within such State or political subdivision thereof, who have 
purchased or received explosive materials, together with 
a description of such explosive materials. The Attorney 
General may inspect the places of storage for explosive 
materials of an applicant for a limited permit or, at the 
time of renewal of such permit, a holder of a limited per-
mit, only as provided in subsection (b)(4). 
‘‘(g) POSTING.—Licenses and user permits issued 
under subsection (b) of this section shall be kept posted 
and kept available for inspection on the premises covered 
by the license and permit. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00440
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
441 
‘‘(h) EMPLOYER MAY REQUEST DETERMINATION 
FROM ATTORNEY GENERAL.— 
‘‘(1) If the Attorney General receives, from an 
employer, the name and other identifying informa-
tion of a responsible person or an employee who will 
be authorized by the employer to possess explosive 
materials in the course of employment with the em-
ployer, the Attorney General shall determine whether 
the responsible person or employee is one of the per-
sons described in any paragraph of section 612(i). 
In making the determination, the Attorney General 
may take into account a letter or document issued 
under paragraph (2). 
‘‘(2)(A) If the Attorney General determines 
that the responsible person or the employee is not 
one of the persons described in any paragraph of 
section 612(i), the Attorney General shall notify the 
employer in writing or electronically of the deter-
mination and issue, to the responsible person or em-
ployee, a letter of clearance, which confirms the de-
termination. 
‘‘(B) If the Attorney General determines that 
the responsible person or employee is one of the per-
sons described in any paragraph of section 612(i), 
the Attorney General shall notify the employer in 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00441
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
442 
writing or electronically of the determination and 
issue to the responsible person or the employee, as 
the case may be, a document that— 
‘‘(i) confirms the determination; 
‘‘(ii) explains the grounds for the deter-
mination; 
‘‘(iii) provides information on how the dis-
ability may be relieved; and 
‘‘(iv) explains how the determination may 
be appealed. 
‘‘(i) FURNISHING OF SAMPLES.— 
‘‘(1) Licensed manufacturers and licensed im-
porters and persons who manufacture or import ex-
plosive materials or ammonium nitrate shall, when 
required by letter issued by the Attorney General, 
furnish— 
‘‘(A) samples of such explosive materials or 
ammonium nitrate; 
‘‘(B) information on chemical composition 
of those products; and 
‘‘(C) any other information that the Attor-
ney General determines is relevant to the identi-
fication of the explosive materials or to identi-
fication of the ammonium nitrate. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00442
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
443 
‘‘(2) The Attorney General shall, by regulation, 
authorize reimbursement of the fair market value of 
samples furnished pursuant to this subsection, as 
well as the reasonable costs of shipment. 
‘‘§ 614. Penalties 
‘‘(a) FELONIES.—Any person— 
‘‘(1) who violates any of subsections (a) 
through (i) or (l) through (o) of section 612 shall be 
imprisoned for not more than 10 years; and 
‘‘(2) violates subsection (p)(2) of section 612, 
shall be imprisoned not more than 20 years. 
‘‘(b) MISDEMEANOR.—Whoever violates any other 
provision of section 612 shall be imprisoned not more than 
one year. 
‘‘(c) FORFEITURE.— 
‘‘(1) Any explosive materials involved or used or 
intended to be used in any violation of this sub-
chapter or any other rule or regulation promulgated 
under this subchapter or any violation of any crimi-
nal law of the United States shall be subject to sei-
zure and forfeiture, and all provisions of the Internal 
Revenue Code of 1986 relating to the seizure, for-
feiture, and disposition of firearms, as defined in 
section 5845(a) of that Code, shall, so far as appli-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00443
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
444 
cable, extend to seizures and forfeitures under this 
chapter. 
‘‘(2) Notwithstanding paragraph (1), in the 
case of the seizure of any explosive materials for any 
offense for which the materials would be subject to 
forfeiture in which it would be impracticable or un-
safe to remove the materials to a place of storage or 
would be unsafe to store them, the seizing officer 
may destroy the explosive materials forthwith. Any 
destruction under this paragraph shall be in the 
presence of at least 1 credible witness. The seizing 
officer shall make a report of the seizure and take 
samples as the Attorney General may by regulation 
prescribe. 
‘‘(3) Within 60 days after any destruction made 
pursuant to paragraph (2), the owner of (including 
any person having an interest in) the property so de-
stroyed may make application to the Attorney Gen-
eral for reimbursement of the value of the property. 
If the claimant establishes to the satisfaction of the 
Attorney General that— 
‘‘(A) the property has not been used or in-
volved in a violation of law; or 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00444
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
445 
‘‘(B) any unlawful involvement or use of 
the property was without the claimant’s knowl-
edge, consent, or willful blindness, 
the Attorney General shall make an allowance to the 
claimant not exceeding the value of the property de-
stroyed. 
‘‘(d) TRANSPORT WITH INTENT.—Whoever trans-
ports or receives, or attempts to transport or receive, in 
interstate or foreign commerce any explosive with the 
knowledge or intent that it will be used to kill, injure, or 
intimidate any individual or unlawfully to damage or de-
stroy any building, vehicle, or other real or personal prop-
erty, shall be imprisoned for not more than ten years; and 
if personal injury results to any person, including any pub-
lic safety officer performing duties as a direct or proxi-
mate result of conduct prohibited by this subsection, shall 
be imprisoned for not more than twenty years; and if 
death results to any person, including any public safety 
officer performing duties as a direct or proximate result 
of conduct prohibited by this subsection, shall be subject 
to imprisonment for any term of years, or to the death 
penalty or to life imprisonment. 
‘‘(e) THREATS.—Whoever, through the use of the 
mail, telephone, telegraph, or other instrument of inter-
state or foreign commerce, or in or affecting interstate or 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00445
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
446 
foreign commerce, willfully makes any threat, or mali-
ciously conveys false information knowing the same to be 
false, concerning an attempt or alleged attempt being 
made, or to be made, to kill, injure, or intimidate any indi-
vidual or unlawfully to damage or destroy any building, 
vehicle, or other real or personal property by means of 
fire or an explosive shall be imprisoned for not more than 
10 years. 
‘‘(f) MALACIOUS DAMAGE TO GOVERNMENT PROP-
ERTY.— 
‘‘(1) Whoever maliciously damages or destroys, 
or attempts to damage or destroy, by means of fire 
or an explosive, any building, vehicle, or other per-
sonal or real property in whole or in part owned or 
possessed by, or leased to, the United States, or any 
department or agency thereof, or any institution or 
organization receiving Federal financial assistance, 
shall be imprisoned for not less than 5 years and not 
more than 20 years. 
‘‘(2) Whoever engages in conduct prohibited by 
this subsection, and as a result of such conduct, di-
rectly or proximately causes personal injury or cre-
ates a substantial risk of injury to any person, in-
cluding any public safety officer performing duties, 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00446
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
447 
shall be imprisoned for not less than 7 years and not 
more than 40 years. 
‘‘(3) Whoever engages in conduct prohibited by 
this subsection, and as a result of such conduct di-
rectly or proximately causes the death of any person, 
including any public safety officer performing duties, 
shall be subject to the death penalty, or imprisoned 
for not less than 20 years or for life. 
‘‘(g) POSSESSION AT AIRPORT.— 
‘‘(1) Except as provided in paragraph (2), who-
ever possesses an explosive in an airport that is sub-
ject to the regulatory authority of the Federal Avia-
tion Administration, or in any building in whole or 
in part owned, possessed, or used by, or leased to, 
the United States or any department or agency 
thereof, except with the written consent of the agen-
cy, department, or other person responsible for the 
management of such building or airport, shall be im-
prisoned for not more than five years. 
‘‘(2) This subsection does not apply to— 
‘‘(A) the possession of ammunition (as that 
term is defined in regulations issued pursuant 
to this chapter) in an airport that is subject to 
the regulatory authority of the Federal Aviation 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00447
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
448 
Administration if such ammunition is either in 
checked baggage or in a closed container; or 
‘‘(B) the possession of an explosive in an 
airport if the packaging and transportation of 
such explosive is exempt from, or subject to and 
in accordance with, regulations of the Pipeline 
and Hazardous Materials Safety Administration 
for the handling of hazardous materials pursu-
ant to chapter 51 of title 49. 
‘‘(h) USE IN CONNECTION WITH OTHER CRIMES.— 
Whoever— 
‘‘(1) uses fire or an explosive to commit any fel-
ony which may be prosecuted in a court of the 
United States, or 
‘‘(2) carries an explosive during the commission 
of any felony which may be prosecuted in a court of 
the United States, 
including a felony which provides for an enhanced punish-
ment if committed by the use of a deadly or dangerous 
weapon or device shall, in addition to the punishment pro-
vided for such felony, be sentenced to imprisonment for 
10 years. In the case of a second or subsequent conviction 
under this subsection, such person shall be sentenced to 
imprisonment for 20 years. Notwithstanding any other 
provision of law, the court shall not place on probation 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00448
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
449 
or suspend the sentence of any person convicted of a viola-
tion of this subsection, nor shall the term of imprisonment 
imposed under this subsection run concurrently with any 
other term of imprisonment including that imposed for the 
felony in which the explosive was used or carried. 
‘‘(i) MALICIOUS DAMANGE TO COMMERCE-RELATED 
PROPERTY.—Whoever maliciously damages or destroys, or 
attempts to damage or destroy, by means of fire or an 
explosive, any building, vehicle, or other real or personal 
property used in interstate or foreign commerce or in any 
activity affecting interstate or foreign commerce shall be 
imprisoned for not less than 5 years and not more than 
20 years; and if personal injury results to any person, in-
cluding any public safety officer performing duties as a 
direct or proximate result of conduct prohibited by this 
subsection, shall be imprisoned for not less than 7 years 
and not more than 40 years; and if death results to any 
person, including any public safety officer performing du-
ties as a direct or proximate result of conduct prohibited 
by this subsection, shall also be subject to imprisonment 
for any term of years, or to the death penalty or to life 
imprisonment. 
‘‘(j) DEFINITION.—For the purposes of subsections 
(d), (e), (f), (g), (h), and (i) of this section and section 
612(p)(2), the term ‘explosive’ means gunpowders, pow-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00449
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
450 
ders used for blasting, all forms of high explosives, blast-
ing materials, fuzes (other than electric circuit breakers), 
detonators, and other detonating agents, smokeless pow-
ders, other explosive or incendiary devices within the 
meaning of paragraph (4) of section 296, and any chem-
ical compounds, mechanical mixture, or device that con-
tains any oxidizing and combustible units, or other ingre-
dients, in such proportions, quantities, or packing that ig-
nition by fire, by friction, by concussion, by percussion, 
or by detonation of the compound, mixture, or device or 
any part thereof may cause an explosion. 
‘‘(k) THEFT RELATED TO COMMERCE.—A person 
who steals any explosives materials which are moving as, 
or are a part of, or which have moved in, interstate or 
foreign commerce shall be imprisoned for not more than 
10 years. 
‘‘(l) THEFT FROM LICENSEE OR PERMITTEE.—A 
person who steals any explosive material from a licensed 
importer, licensed manufacturer, or licensed dealer, or 
from any permittee shall be imprisoned not more than 10 
years. 
‘‘(m) CONSPIRACY.—A person who conspires to com-
mit an offense under subsection (h) shall be imprisoned 
for any term of years not exceeding 20. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00450
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
451 
‘‘(n) 
TRANSFER
WITH
KNOWLEDGE.—Whoever 
knowingly transfers any explosive materials, knowing or 
having reasonable cause to believe that such explosive ma-
terials will be used to commit a crime of violence (as de-
fined in section 584(c)(3)) or drug trafficking crime (as 
defined in section 584(c)(2)) shall be subject to the same 
penalties as may be imposed under subsection (h) for a 
first conviction for the use or carrying of an explosive ma-
terial. 
‘‘(o) THEFT REPORTING REQUIREMENT.— 
‘‘(1) A holder of a license or permit who knows 
that explosive materials have been stolen from that 
licensee or permittee, shall report the theft to the 
Attorney General not later than 24 hours after the 
discovery of the theft. 
‘‘(2) A holder of a license or permit who does 
not report a theft in accordance with paragraph (1), 
shall be imprisoned not more than 5 years. 
‘‘§ 615. Exceptions; relief from disabilities 
‘‘(a) EXCEPTIONS.—Except in the case of subsection 
(l), (m), (n), or (o) of section 612 and subsections (d), 
(e), (f), (g), (h), and (i) of section 614, this chapter does 
not apply to— 
‘‘(1) any aspect of the transportation of explo-
sive materials via railroad, water, highway, or air 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00451
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
452 
which are regulated by the United States Depart-
ment of Transportation and agencies thereof, and 
which pertain to safety; 
‘‘(2) the use of explosive materials in medicines 
and medicinal agents in the forms prescribed by the 
official United States Pharmacopeia, or the National 
Formulary; 
‘‘(3) the transportation, shipment, receipt, or 
importation of explosive materials for delivery to any 
agency of the United States or to any State or polit-
ical subdivision thereof; 
‘‘(4) small arms ammunition and components 
thereof; 
‘‘(5) commercially manufactured black powder 
in quantities not to exceed fifty pounds, percussion 
caps, safety and pyrotechnic fuses, quills, quick and 
slow matches, and friction primers, intended to be 
used solely for sporting, recreational, or cultural 
purposes in antique firearms as defined in section 
581(14), or in antique devices as exempted from the 
term ‘destructive device’ in section 581(2); 
‘‘(6) the manufacture under the regulation of 
the military department of the United States of ex-
plosive materials for, or their distribution to or stor-
age or possession by the military or naval services or 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00452
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
453 
other agencies of the United States; or to arsenals, 
navy yards, depots, or other establishments owned 
by, or operated by or on behalf of, the United 
States; and 
‘‘(7) the transportation, shipment, receipt, or 
importation of display fireworks materials for deliv-
ery to a federally recognized Indian tribe or tribal 
agency. 
‘‘(b) RELIEF FROM DISABILITIES.— 
‘‘(1) A person who is prohibited from shipping, 
transporting, receiving, or possessing any explosive 
under section 612(i) may apply to the Attorney Gen-
eral for relief from such prohibition. 
‘‘(2) The Attorney General may grant the relief 
requested under paragraph (1) if the Attorney Gen-
eral determines that the circumstances regarding the 
applicability of section 612(i), and the applicant’s 
record and reputation, are such that the applicant 
will not be likely to act in a manner dangerous to 
public safety and that the granting of such relief is 
not contrary to the public interest. 
‘‘(3) A licensee or permittee who applies for re-
lief, under this subsection, from the disabilities in-
curred under this chapter as a result of an indict-
ment for or conviction of a crime punishable by im-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00453
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
454 
prisonment for a term exceeding 1 year shall not be 
barred by such disability from further operations 
under the license or permit pending final action on 
an application for relief filed pursuant to this sec-
tion. 
‘‘(c) AFFIRMATIVE DEFENSE.— 
‘‘(1) It is an affirmative defense against any 
proceeding involving subsections (l) through (o) of 
section 612 if the proponent proves by a preponder-
ance of the evidence that the plastic explosive— 
‘‘(A) consisted of a small amount of plastic 
explosive intended for and utilized solely in law-
ful— 
‘‘(i) research, development, or testing 
of new or modified explosive materials; 
‘‘(ii) training in explosives detection 
or development or testing of explosives de-
tection equipment; or 
‘‘(iii) forensic science purposes; or 
‘‘(B) was plastic explosive that, within 3 
years after the date of enactment of the 
Antiterrorism and Effective Death Penalty Act 
of 1996, was incorporated in a military device 
within the territory of the United States and re-
mains an integral part of such military device, 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00454
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
455 
or is intended to be, or is incorporated in, and 
remains an integral part of a military device 
that is intended to become, or has become, the 
property of any agency of the United States 
performing military or police functions (includ-
ing any military reserve component) or the Na-
tional Guard of any State, wherever such device 
is located. 
‘‘(2) In this subsection, the term ‘military de-
vice’ includes, shells, bombs, projectiles, mines, mis-
siles, rockets, shaped charges, grenades, perforators, 
and similar devices lawfully manufactured exclusively 
for military or police purposes. 
‘‘§ 616. Additional powers of the Attorney General 
‘‘(a) INSPECTIONS.—The Attorney General is author-
ized to inspect the site of any accident, or fire, in which 
there is reason to believe that explosive materials were in-
volved, in order that if any such incident has been brought 
about by accidental means, precautions may be taken to 
prevent similar accidents from occurring. In order to carry 
out the purpose of this subsection, the Attorney General 
is authorized to enter into or upon any property where 
explosive materials have been used, are suspected of hav-
ing been used, or have been found in an otherwise unau-
thorized location. Nothing in this subchapter shall be con-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00455
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
456 
strued as modifying or otherwise affecting in any way the 
investigative authority of any other Federal agency. In ad-
dition to any other investigatory authority they have with 
respect to violations of this subchapter, the Federal Bu-
reau of Investigation, together with the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives, shall have authority 
to conduct investigations with respect to violations of sub-
section (d), (e), (f), (g), (h), or (i) of section 614. 
‘‘(b) NATIONAL REPOSITORY.—The Attorney Gen-
eral is authorized to establish a national repository of in-
formation on incidents involving arson and the suspected 
criminal misuse of explosives. All Federal agencies having 
information concerning such incidents shall report the in-
formation to the Attorney General pursuant to such regu-
lations as deemed necessary to carry out this subsection. 
The repository shall also contain information on incidents 
voluntarily reported to the Attorney General by State and 
local authorities. 
‘‘§ 617. Rules and regulations 
‘‘The administration of this subchapter shall be vest-
ed in the Attorney General. The Attorney General may 
prescribe such rules and regulations as he deems reason-
ably necessary to carry out this subchapter. The Attorney 
General shall give reasonable public notice, and afford to 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00456
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
457 
interested parties opportunity for hearing, before pre-
scribing such rules and regulations. 
‘‘SUBCHAPTER E—BIOLOGICAL WEAPONS 
‘‘Sec. 
‘‘621. Prohibitions with respect to biological weapons. 
‘‘622. Requests for military assistance to enforce prohibition in certain emer-
gencies. 
‘‘623. Possession by restricted persons. 
‘‘624. Variola virus. 
‘‘625. Seizure, forfeiture, and destruction. 
‘‘626. Injunctions. 
‘‘627. Definitions. 
‘‘§ 621. Prohibitions with respect to biological weap-
ons 
‘‘(a) IN GENERAL.—Whoever knowingly develops, 
produces, stockpiles, transfers, acquires, retains, or pos-
sesses any biological agent, toxin, or delivery system for 
use as a weapon, or knowingly assists a foreign state or 
any organization to do so shall be imprisoned for life or 
any term of years. There is extraterritorial jurisdiction 
over an offense under this section committed by or against 
a national of the United States. 
‘‘(b) ADDITIONAL OFFENSE.—Whoever knowingly 
possesses any biological agent, toxin, or delivery system 
of a type or in a quantity that, under the circumstances, 
is not reasonably justified by a prophylactic, protective, 
bona fide research, or other peaceful purpose, shall be im-
prisoned not more than 10 years. In this subsection, the 
terms ‘biological agent’ and ‘toxin’ do not encompass any 
biological agent or toxin that is in its naturally occurring 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00457
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
458 
environment, if the biological agent or toxin has not been 
cultivated, collected, or otherwise extracted from its nat-
ural source. 
‘‘(c) DEFINITION.—For purposes of this section, the 
term ‘for use as a weapon’ includes the development, pro-
duction, transfer, acquisition, retention, or possession of 
any biological agent, toxin, or delivery system for other 
than prophylactic, protective, bona fide research, or other 
peaceful purposes. 
‘‘§ 622. Requests for military assistance to enforce 
prohibition in certain emergencies 
‘‘The Attorney General may request the Secretary of 
Defense to provide assistance under section 382 of title 
10 in support of Department of Justice activities relating 
to the enforcement of section 621 in an emergency situa-
tion involving a biological weapon of mass destruction. The 
authority to make such a request may be exercised by an-
other official of the Department of Justice in accordance 
with section 382(f)(2) of title 10. 
‘‘§ 623. Possession by restricted persons 
‘‘(a) IN GENERAL.—(1) No restricted person shall 
ship or transport in or affecting interstate or foreign com-
merce, or possess in or affecting interstate or foreign com-
merce, any biological agent or toxin, or receive any biologi-
cal agent or toxin that has been shipped or transported 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00458
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
459 
in interstate or foreign commerce, if the biological agent 
or toxin is listed as a non-overlap or overlap select biologi-
cal agent or toxin in sections 73.4 and 73.5 of title 42, 
Code of Federal Regulations, pursuant to section 351A 
of the Public Health Service Act, and is not excluded 
under sections 73.4 and 73.5 or exempted under section 
73.6 of title 42, Code of Federal Regulations. 
‘‘(2) Whoever knowingly violates this section shall be 
imprisoned not more than 10 years, but the prohibition 
contained in this section does not apply with respect to 
any duly authorized United States governmental activity. 
‘‘(b) TRANSFER TO UNREGISTERED PERSON.— 
‘‘(1) SELECT AGENTS.—Whoever transfers a se-
lect agent to a person who the transferor knows or 
has reasonable cause to believe is not registered as 
required by regulations under subsection (b) or (c) 
of section 351A of the Public Health Service Act 
shall be imprisoned for not more than 5 years. 
‘‘(2) CERTAIN OTHER BIOLOGICAL AGENTS AND 
TOXINS.—Whoever transfers a biological agent or 
toxin listed pursuant to section 212(a)(1) of the Ag-
ricultural Bioterrorism Protection Act of 2002 to a 
person who the transferor knows or has reasonable 
cause to believe is not registered as required by reg-
ulations under subsection (b) or (c) of section 212 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00459
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
460 
of such Act shall be imprisoned for not more than 
5 years. 
‘‘(c) UNREGISTERED FOR POSSESSION.— 
‘‘(1) SELECT
AGENTS.—Whoever knowingly 
possesses a biological agent or toxin where such 
agent or toxin is a select agent for which such per-
son has not obtained a registration required by regu-
lations under section 351A(c) of the Public Health 
Service Act shall be or imprisoned for not more than 
5 years. 
‘‘(2) CERTAIN OTHER BIOLOGICAL AGENTS AND 
TOXINS.—Whoever knowingly possesses a biological 
agent or toxin where such agent or toxin is a biologi-
cal agent or toxin listed pursuant to section 
212(a)(1) of the Agricultural Bioterrorism Protec-
tion Act of 2002 for which such person has not ob-
tained a registration required by regulations under 
section 212(c) of such Act shall be imprisoned for 
not more than 5 years. 
‘‘(d) DEFINITIONS.—As used in this section: 
‘‘(1) The term ‘select agent’ means a biological 
agent or toxin to which subsection (a) applies. Such 
term (including for purposes of subsection (a)) does 
not include any such biological agent or toxin that 
is in its naturally-occurring environment, if the bio-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00460
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
461 
logical agent or toxin has not been cultivated, col-
lected, or otherwise extracted from its natural 
source. 
‘‘(2) The term ‘restricted person’ means an in-
dividual who— 
‘‘(A) is under indictment for a crime pun-
ishable by imprisonment for a term exceeding 1 
year; 
‘‘(B) has been convicted in any court of a 
crime punishable by imprisonment for a term 
exceeding 1 year; 
‘‘(C) is a fugitive from justice; 
‘‘(D) is an unlawful user of any controlled 
substance; 
‘‘(E) is an alien illegally or unlawfully in 
the United States; 
‘‘(F) has been adjudicated as a mental de-
fective or has been committed to any mental in-
stitution; 
‘‘(G)(i) is an alien (other than an alien 
lawfully admitted for permanent residence) who 
is a national of a country as to which the Sec-
retary of State, pursuant to section 6(j) of the 
Export Administration Act of 1979, section 
620A of chapter 1 of part M of the Foreign As-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00461
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
462 
sistance Act of 1961, or section 40(d) of chap-
ter 3 of the Arms Export Control Act, has 
made a determination (that remains in effect) 
that such country has repeatedly provided sup-
port for acts of international terrorism, or (ii) 
acts for or on behalf of, or operates subject to 
the direction or control of, a government or offi-
cial of a country described in this subpara-
graph; 
‘‘(H) has been discharged from the Armed 
Services of the United States under dishonor-
able conditions; or 
‘‘(I) is a member of, acts for or on behalf 
of, or operates subject to the direction or con-
trol of, a terrorist organization as defined in 
section 212(a)(3)(B)(vi) of the Immigration and 
Nationality Act. 
‘‘(3) The term ‘alien’ has the same meaning as 
in section 101(a)(3) of the Immigration and Nation-
ality Act. 
‘‘(4) The term ‘lawfully admitted for permanent 
residence’ has the same meaning as in section 
101(a)(20) of the Immigration and Nationality Act. 
‘‘§ 624. Variola virus 
‘‘(a) UNLAWFUL CONDUCT.— 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00462
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
463 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), it shall be unlawful for any person to 
knowingly produce, engineer, synthesize, acquire, 
transfer directly or indirectly, receive, possess, im-
port, export, or use, or possess and threaten to use, 
variola virus. 
‘‘(2) EXCEPTION.—This subsection does not 
apply to conduct by, or under the authority of, the 
Secretary of Health and Human Services. 
‘‘(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 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00463
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
464 
‘‘(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-
section (a), the person shall be punished by impris-
onment for life. 
‘‘(d) DEFINITION.—As used in this section, the term 
‘variola virus’ means a virus that can cause human small-
pox or any derivative of the variola major virus that con-
tains more than 85 percent of the gene sequence of the 
variola major virus or the variola minor virus. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00464
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
465 
‘‘§ 625. Seizure, forfeiture, and destruction 
‘‘(a) IN GENERAL.—(1) Except as provided in para-
graph (2), the Attorney General may request the issuance, 
in the same manner as provided for a search warrant, of 
a warrant authorizing the seizure of any biological agent, 
toxin, or delivery system that— 
‘‘(A) pertains to conduct prohibited under sec-
tion 621; or 
‘‘(B) is of a type or in a quantity that under 
the circumstances has no apparent justification for 
prophylactic, protective, or other peaceful purposes. 
‘‘(2) In exigent circumstances, seizure and destruc-
tion of any biological agent, toxin, or delivery system de-
scribed in subparagraphs (A) and (B) of paragraph (1) 
may be made upon probable cause without the necessity 
for a warrant. 
‘‘(b) PROCEDURE.—Property seized pursuant to sub-
section (a) shall be forfeited to the United States after 
notice to potential claimants and an opportunity for a 
hearing. At such hearing, the Government shall bear the 
burden of persuasion by a preponderance of the evidence. 
Except as inconsistent herewith, the same procedures and 
provisions of law relating to a forfeiture under the customs 
laws shall extend to a seizure or forfeiture under this sec-
tion. The Attorney General may provide for the destruc-
tion or other appropriate disposition of any biological 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00465
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
466 
agent, toxin, or delivery system seized and forfeited pursu-
ant to this section. 
‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative 
defense against a forfeiture under subsection (a)(1)(B) of 
this section that— 
‘‘(1) such biological agent, toxin, or delivery 
system is for a prophylactic, protective, or other 
peaceful purpose; and 
‘‘(2) such biological agent, toxin, or delivery 
system, is of a type and quantity reasonable for that 
purpose. 
‘‘§ 626. Injunctions 
‘‘(a) IN GENERAL.—The United States may obtain 
in a civil action an injunction against— 
‘‘(1) the conduct prohibited under section 621; 
‘‘(2) the preparation, solicitation, attempt, 
threat, or conspiracy to engage in conduct prohibited 
under section 621; or 
‘‘(3) the development, production, stockpiling, 
transferring, acquisition, retention, or possession, or 
the attempted development, production, stockpiling, 
transferring, acquisition, retention, or possession of 
any biological agent, toxin, or delivery system of a 
type or in a quantity that under the circumstances 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00466
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
467 
has no apparent justification for prophylactic, pro-
tective, or other peaceful purposes. 
‘‘(b) AFFIRMATIVE DEFENSE.—It is an affirmative 
defense against an injunction under subsection (a)(3) 
that— 
‘‘(1) the conduct sought to be enjoined is for a 
prophylactic, protective, or other peaceful purpose; 
and 
‘‘(2) such biological agent, toxin, or delivery 
system is of a type and quantity reasonable for that 
purpose. 
‘‘§ 627. Definitions 
‘‘As used in this chapter— 
‘‘(1) the term ‘biological agent’ means any 
microorganism (including bacteria, viruses, fungi, 
rickettsiae or protozoa), or infectious substance, or 
any naturally occurring, bioengineered or syn-
thesized component of any such microorganism or 
infectious substance, capable of causing— 
‘‘(A) death, disease, or other biological 
malfunction in a human, an animal, a plant, or 
another living organism; 
‘‘(B) deterioration of food, water, equip-
ment, supplies, or material of any kind; or 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00467
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
468 
‘‘(C) deleterious alteration of the environ-
ment; 
‘‘(2) the term ‘toxin’ means the toxic material 
or product of plants, animals, microorganisms (in-
cluding bacteria, viruses, fungi, rickettsiae or pro-
tozoa), or infectious substances, or a recombinant or 
synthesized molecule, whatever their origin and 
method of production, and includes— 
‘‘(A) any poisonous substance or biological 
product that may be engineered as a result of 
biotechnology produced by a living organism; or 
‘‘(B) any poisonous isomer or biological 
product, homolog, or derivative of such a sub-
stance; 
‘‘(3) the term ‘delivery system’ means— 
‘‘(A) any apparatus, equipment, device, or 
means of delivery specifically designed to deliver 
or disseminate a biological agent, toxin, or vec-
tor; or 
‘‘(B) any vector; and 
‘‘(4) the term ‘vector’ means a living organism, 
or molecule, including a recombinant or synthesized 
molecule, capable of carrying a biological agent or 
toxin to a host. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00468
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
469 
‘‘SUBCHAPTER F—CHEMICAL WEAPONS 
‘‘Sec. 
‘‘631. Prohibited activities. 
‘‘632. Penalties. 
‘‘633. Individual self-defense devices. 
‘‘634. Injunctions. 
‘‘635. Requests for military assistance to enforce prohibition in certain emer-
gencies. 
‘‘636. Definitions. 
‘‘§ 631. Prohibited activities 
‘‘(a) UNLAWFUL CONDUCT.—Except as provided in 
subsection (b), it shall be unlawful for any person know-
ingly— 
‘‘(1) to develop, produce, otherwise acquire, 
transfer directly or indirectly, receive, stockpile, re-
tain, own, possess, or use, or threaten to use, any 
chemical weapon; or 
‘‘(2) to assist or induce, in any way, any person 
to violate paragraph (1). 
‘‘(b) EXEMPTED AGENCIES AND PERSONS.— 
‘‘(1) IN
GENERAL.—Subsection (a) does not 
apply to the retention, ownership, possession, trans-
fer, or receipt of a chemical weapon by a depart-
ment, agency, or other entity of the United States, 
or by a person described in paragraph (2), pending 
destruction of the weapon. 
‘‘(2) EXEMPTED PERSONS.—A person referred 
to in paragraph (1) is— 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00469
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
470 
‘‘(A) any person, including a member of 
the Armed Forces of the United States, who is 
authorized by law or by an appropriate officer 
of the United States to retain, own, possess, 
transfer, or receive the chemical weapon; or 
‘‘(B) in an emergency situation, any other-
wise nonculpable person if the person is at-
tempting to destroy or seize the weapon. 
‘‘(c) JURISDICTION.—Conduct prohibited by sub-
section (a) is within the jurisdiction of the United States 
if the prohibited conduct— 
‘‘(1) takes place in the United States; 
‘‘(2) takes place outside of the United States 
and is committed by a national of the United States; 
‘‘(3) is committed against a national of the 
United States while the national is outside the 
United States; or 
‘‘(4) is committed against any property that is 
owned, leased, or used by the United States or by 
any department or agency of the United States, 
whether the property is within or outside the United 
States. 
‘‘§ 632. Penalties 
‘‘(a) CRIMINAL PENALTIES.— 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00470
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
471 
‘‘(1) IN
GENERAL.—Whoever violates section 
631 shall be imprisoned for any term of years. 
‘‘(2) DEATH PENALTY.—Whoever violates sec-
tion 631 and by whose action the death of another 
person is the result shall be punished by death or 
imprisoned for life. 
‘‘(b) CIVIL PENALTIES.— 
‘‘(1) IN GENERAL.—The Attorney General may 
bring a civil action in the appropriate United States 
district court against any person who violates section 
631 and, upon proof of such violation by a prepon-
derance of the evidence, such person shall be subject 
to pay a civil penalty in an amount not to exceed 
$100,000 for each such violation. 
‘‘(2) RELATION TO OTHER PROCEEDINGS.—The 
imposition of a civil penalty under this subsection 
does not preclude any other criminal or civil statu-
tory, common law, or administrative remedy, which 
is available by law to the United States or any other 
person. 
‘‘(c) REIMBURSEMENT OF COSTS.—The court shall 
order any person convicted of an offense under subsection 
(a) to reimburse the United States for any expenses in-
curred by the United States incident to the seizure, stor-
age, handling, transportation, and destruction or other 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00471
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
472 
disposition of any property that was seized in connection 
with an investigation of the commission of the offense by 
that person. A person ordered to reimburse the United 
States for expenses under this subsection shall be jointly 
and severally liable for such expenses with each other per-
son, if any, who is ordered under this subsection to reim-
burse the United States for the same expenses. 
‘‘§ 633. Individual self-defense devices 
‘‘This subchapter does not prohibit any individual 
self-defense device, including one using a pepper spray or 
chemical mace. 
‘‘§ 634. Injunctions 
‘‘The United States may obtain in a civil action an 
injunction against— 
‘‘(1) the conduct prohibited under section 631 
or 633; or 
‘‘(2) the preparation or solicitation to engage in 
conduct prohibited under section 631 or 634. 
‘‘§ 635. Requests for military assistance to enforce 
prohibition in certain emergencies 
‘‘The Attorney General may request the Secretary of 
Defense to provide assistance under section 382 of title 
10 in support of Department of Justice activities relating 
to the enforcement of section 631 in an emergency situa-
tion involving a chemical weapon. The authority to make 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00472
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
473 
such a request may be exercised by another official of the 
Department of Justice in accordance with section 
382(f)(2) of title 10. 
‘‘§ 636. Definitions 
‘‘In this chapter the following apply: 
‘‘(1) CHEMICAL WEAPON.—The term ‘chemical 
weapon’ means the following, together or separately: 
‘‘(A) A toxic chemical and its precursors, 
except where intended for a purpose not prohib-
ited under this chapter as long as the type and 
quantity is consistent with such a purpose. 
‘‘(B) A munition or device, specifically de-
signed to cause death or other harm through 
toxic properties of those toxic chemicals speci-
fied in subparagraph (A), which would be re-
leased as a result of the employment of such 
munition or device. 
‘‘(C) Any equipment specifically designed 
for use directly in connection with the employ-
ment of munitions or devices specified in sub-
paragraph (B). 
‘‘(2) CHEMICAL WEAPONS CONVENTION; CON-
VENTION.—The terms ‘Chemical Weapons Conven-
tion’ and ‘Convention’ mean the Convention on the 
Prohibition of the Development, Production, Stock-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00473
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
474 
piling and Use of Chemical Weapons and on Their 
Destruction, opened for signature on January 13, 
1993. 
‘‘(3) KEY COMPONENT OF A BINARY OR MULTI-
COMPONENT
CHEMICAL
SYSTEM.—The term ‘key 
component of a binary or multicomponent chemical 
system’ means the precursor which plays the most 
important role in determining the toxic properties of 
the final product and reacts rapidly with other 
chemicals in the binary or multicomponent system. 
‘‘(4) PRECURSOR.— 
‘‘(A) IN GENERAL.—The term ‘precursor’ 
means any chemical reactant which takes part 
at any stage in the production by whatever 
method of a toxic chemical. The term includes 
any key component of a binary or multicompo-
nent chemical system. 
‘‘(B) LIST
OF
PRECURSORS.—Precursors 
which have been identified for the application of 
verification measures under Article VI of the 
Convention are listed in schedules contained in 
the Annex on Chemicals of the Chemical Weap-
ons Convention. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00474
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
475 
‘‘(5) PURPOSES
NOT
PROHIBITED
BY
THIS 
CHAPTER.—The term ‘purposes not prohibited by 
this chapter’ means the following: 
‘‘(A) PEACEFUL PURPOSES.—Any peaceful 
purpose related to an industrial, agricultural, 
research, medical, or pharmaceutical activity or 
other activity. 
‘‘(B) PROTECTIVE
PURPOSES.—Any pur-
pose directly related to protection against toxic 
chemicals and to protection against chemical 
weapons. 
‘‘(C) UNRELATED MILITARY PURPOSES.— 
Any military purpose of the United States that 
is not connected with the use of a chemical 
weapon or that is not dependent on the use of 
the toxic or poisonous properties of the chem-
ical weapon to cause death or other harm. 
‘‘(D) LAW
ENFORCEMENT
PURPOSES.— 
Any law enforcement purpose, including any do-
mestic riot control purpose and including impo-
sition of capital punishment. 
‘‘(6) TOXIC CHEMICAL.— 
‘‘(A) IN GENERAL.—The term ‘toxic chem-
ical’ means any chemical which through its 
chemical action on life processes can cause 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00475
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
476 
death, temporary incapacitation or permanent 
harm to humans or animals. The term includes 
all such chemicals, regardless of their origin or 
of their method of production, and regardless of 
whether they are produced in facilities, in muni-
tions or elsewhere. 
‘‘(B) LIST OF TOXIC CHEMICALS.—Toxic 
chemicals which have been identified for the ap-
plication of verification measures under Article 
VI of the Convention are listed in schedules 
contained in the Annex on Chemicals of the 
Chemical Weapons Convention. 
‘‘CHAPTER 23—THEFT AND RELATED 
CRIMES 
‘‘Subchapter 
‘‘A. Embezzlement and theft 
‘‘B. Stolen property 
‘‘C. Counterfeiting and forgery 
‘‘SUBCHAPTER A—EMBEZZLEMENT AND 
THEFT 
‘‘Sec. 
‘‘641. Public money, property or records. 
‘‘642. Accounting generally for public money. 
‘‘643. Officer or employee of United States converting property of another. 
‘‘644. Theft, embezzlement, or misapplication by bank officer or employee. 
‘‘645. Lending, credit, and insurance institutions. 
‘‘646. Property mortgaged or pledged to farm credit agencies. 
‘‘647. Interstate or foreign shipments by carrier. 
‘‘648. Carrier’s funds derived from commerce. 
‘‘649. Within special maritime and territorial jurisdiction. 
‘‘650. Receiving stolen property within special maritime and territorial jurisdic-
tion. 
‘‘651. Theft or embezzlement from employee benefit plan. 
‘‘652. Theft or embezzlement from employment and training funds; improper 
inducement. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00476
Fmt 6652
Sfmt 6211
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
477 
‘‘653. Theft or bribery concerning programs receiving Federal funds. 
‘‘654. Theft of major artwork. 
‘‘655. Theft or embezzlement in connection with health care. 
‘‘656. Embezzlement of labor organization assets. 
‘‘§ 641. Public money, property or records 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) embezzles, steals, purloins, or knowingly 
converts to his use or the use of another, or without 
authority, sells, conveys or disposes of any record, 
voucher, money, or thing of value of the United 
States or of any department or agency thereof, or 
any property made or being made under contract for 
the United States or any department or agency 
thereof; or 
‘‘(2) receives, conceals, or retains the same with 
intent to convert it to his use or gain, knowing it to 
have been embezzled, stolen, purloined or converted; 
shall be imprisoned not more than ten years; but if the 
value of such property in the aggregate, combining 
amounts from all the counts for which the defendant is 
convicted in a single case, does not exceed the sum of 
$1,000, he shall be imprisoned not more than one year. 
‘‘(b) DEFINITION.—As used in this section, the term 
‘value’ means face, par, or market value, or cost price, 
either wholesale or retail, whichever is greater. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00477
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
478 
‘‘§ 642. Accounting generally for public money 
‘‘Whoever, being an officer, employee or agent of the 
United States or of any department or agency thereof, 
having received public money which he is not authorized 
to retain as salary, pay, or emolument, fails to render his 
accounts for the same as provided by law is guilty of em-
bezzlement, and shall be or imprisoned not more than ten 
years; but if the amount embezzled does not exceed 
$1,000, he shall be imprisoned not more than one year. 
‘‘§ 643. Officer or employee of United States con-
verting property of another 
‘‘Whoever, being an officer or employee of the United 
States or of any department or agency thereof, embezzles 
or wrongfully converts to his own use the money or prop-
erty of another which comes into his possession or under 
his control in the execution of such office or employment, 
or under color or claim of authority as such officer or em-
ployee, shall be imprisoned not more than ten years; but 
if the sum embezzled is $1,000 or less, he shall be impris-
oned not more than one year. 
‘‘§ 644. Theft, embezzlement, or misapplication by 
bank officer or employee 
‘‘(a) OFFENSE.—Whoever, being an officer, director, 
agent or employee of, or connected in any capacity with 
any Federal Reserve bank, member bank, depository insti-
tution holding company, national bank, insured bank, 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00478
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
479 
branch or agency of a foreign bank, or organization oper-
ating under section 25 or section 25A of the Federal Re-
serve Act, or a receiver of a national bank, insured bank, 
branch, agency, or organization or any agent or employee 
of the receiver, or a Federal Reserve Agent, or an agent 
or employee of a Federal Reserve Agent or of the Board 
of Governors of the Federal Reserve System, embezzles, 
abstracts, purloins or knowingly misapplies any of the 
moneys, funds or credits of such bank, branch, agency, 
or organization or holding company or any moneys, funds, 
assets or securities intrusted to the custody or care of such 
bank, branch, agency, or organization, or holding company 
or to the custody or care of any such agent, officer, direc-
tor, employee or receiver, shall be imprisoned not more 
than 30 years; but if the amount embezzled, abstracted, 
purloined or misapplied does not exceed $1,000, he shall 
be imprisoned not more than one year. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘member bank’ means any na-
tional bank, state bank, or bank and trust company 
which has become a member of one of the Federal 
Reserve banks; 
‘‘(2) the term ‘insured bank’ means any bank, 
banking association, trust company, savings bank, or 
other banking institution, the deposits of which are 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00479
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
480 
insured by the Federal Deposit Insurance Corpora-
tion; 
‘‘(3) the term ‘branch or agency of a foreign 
bank’ means a branch or agency described in para-
graph (E) of the definition of financial institution in 
section 1; and 
‘‘(4) the term ‘depository institution holding 
company’ has the meaning given such term in sec-
tion 3 of the Federal Deposit Insurance Act. 
‘‘§ 645. Lending, credit, and insurance institutions 
‘‘Whoever, being an officer, agent or employee of or 
connected in any capacity with the Federal Deposit Insur-
ance Corporation, National Credit Union Administration, 
any Federal home loan bank, the Federal Housing Fi-
nance Agency, Farm Credit Administration, Department 
of Housing and Urban Development, Federal Crop Insur-
ance Corporation, the Secretary of Agriculture acting 
through the Farmers Home Administration or successor 
agency, the Rural Development Administration or suc-
cessor agency, or the Farm Credit System Insurance Cor-
poration, a Farm Credit Bank, a bank for cooperatives 
or any lending, mortgage, insurance, credit or savings and 
loan corporation or association authorized or acting under 
the laws of the United States or any institution, other 
than an insured bank (as defined in section 644), the ac-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00480
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
481 
counts of which are insured by the Federal Deposit Insur-
ance Corporation, or by the National Credit Union Admin-
istration Board or any small business investment com-
pany, or any community development financial institution 
receiving financial assistance under the Riegle Community 
Development and Regulatory Improvement Act of 1994, 
and whoever, being a receiver of any such institution, or 
agent or employee of the receiver, embezzles, abstracts, 
purloins or knowingly misapplies any moneys, funds, cred-
its, securities or other things of value belonging to such 
institution, or pledged or otherwise intrusted to its care, 
shall be imprisoned not more than 30 years; but if the 
amount or value embezzled, abstracted, purloined or mis-
applied does not exceed $1,000, he shall be imprisoned not 
more than one year. 
‘‘§ 646. Property mortgaged or pledged to farm credit 
agencies 
‘‘Whoever, with intent to defraud, knowingly con-
ceals, removes, disposes of, or converts to his own use or 
to that of another, any property mortgaged or pledged to, 
or held by, the Farm Credit Administration, any Federal 
intermediate credit bank, or the Federal Crop Insurance 
Corporation, the Secretary of Agriculture acting through 
the Farmers Home Administration or successor agency, 
the Rural Development Administration or successor agen-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00481
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
482 
cy, any regional agricultural credit corporation, or any 
bank for cooperatives, shall be imprisoned not more than 
five years; but if the value of such property does not ex-
ceed $1,000, he shall be imprisoned not more than one 
year. 
‘‘§ 647. Interstate or foreign shipments by carrier 
‘‘Whoever— 
‘‘(1) embezzles, steals, or unlawfully takes, car-
ries away, or conceals, or by fraud or deception ob-
tains from any pipeline system, railroad car, wagon, 
motortruck, trailer, or other vehicle, or from any 
tank or storage facility, station, station house, plat-
form or depot or from any steamboat, vessel, or 
wharf, or from any aircraft, air cargo container, air 
terminal, airport, aircraft terminal or air navigation 
facility, or from any intermodal container, trailer, 
container freight station, warehouse, or freight con-
solidation facility, with intent to convert to his own 
use any goods or chattels moving as or which are a 
part of or which constitute an interstate or foreign 
shipment of freight, express, or other property; 
‘‘(2) buys or receives or has in his possession 
any such goods or chattels, knowing the same to 
have been embezzled or stolen; 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00482
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
483 
‘‘(3) embezzles, steals, or unlawfully takes, car-
ries away, or by fraud or deception obtains with in-
tent to convert to his own use any baggage which 
shall have come into the possession of any common 
carrier for transportation in interstate or foreign 
commerce or breaks into, steals, takes, carries away, 
or conceals any of the contents of such baggage, or 
buys, receives, or has in his possession any such 
baggage or any article therefrom of whatever nature, 
knowing the same to have been embezzled or stolen; 
or 
‘‘(4) embezzles, steals, or unlawfully takes by 
any fraudulent device, scheme, or game, from any 
railroad car, bus, vehicle, steamboat, vessel, or air-
craft operated by any common carrier moving in 
interstate or foreign commerce or from any pas-
senger thereon any money, baggage, goods, or chat-
tels, or whoever buys, receives, or has in his posses-
sion any such money, baggage, goods, or chattels, 
knowing the same to have been embezzled or stolen; 
shall be imprisoned not more than ten years, but if the 
amount or value of such money, baggage, goods, or chat-
tels does not exceed $1,000, shall be imprisoned not more 
than one year. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00483
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
484 
‘‘§ 648. Carrier’s funds derived from commerce 
‘‘(a) OFFENSE.—Whoever, being a president, direc-
tor, officer, or manager of any firm, association, or cor-
poration engaged in commerce as a common carrier, or 
whoever, being an employee of such common carrier riding 
in or upon any railroad car, motortruck, steamboat, vessel, 
aircraft or other vehicle of such carrier moving in inter-
state commerce, embezzles, steals, abstracts, or knowingly 
misapplies, or knowingly permits to be misapplied, any of 
the moneys, funds, credits, securities, property, or assets 
of such firm, association, or corporation arising or accru-
ing from, or used in, such commerce, in whole or in part, 
or knowingly converts the same to his own use or to the 
use of another, shall be imprisoned not more than ten 
years. 
‘‘(b) VENUE.—The offense shall be deemed to have 
been committed not only in the district where the violation 
first occurred but also in any district in which the defend-
ant may have taken or had possession of such moneys, 
funds, credits, securities, property or assets. 
‘‘§ 649. Within special maritime and territorial juris-
diction 
‘‘Whoever, within the special maritime and territorial 
jurisdiction of the United States, takes and carries away, 
with intent to steal or purloin, any personal property of 
another shall, if the property taken is of a value exceeding 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00484
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
485 
$1,000, or is taken from the person of another, be impris-
oned not more than five years, and in all other cases, im-
prisoned not more than one year. 
‘‘§ 650. Receiving stolen property within special mari-
time and territorial jurisdiction 
‘‘Whoever, within the special maritime and territorial 
jurisdiction of the United States, buys, receives, or con-
ceals any money, goods, bank notes, or other thing which 
may be the subject of larceny, which has been feloniously 
taken, stolen, or embezzled, from any other person, know-
ing the same to have been so taken, stolen, or embezzled, 
shall be imprisoned not more than three years, but if the 
amount or value of thing so taken, stolen or embezzled 
does not exceed $1,000, the offender shall be imprisoned 
not more than one year. 
‘‘§ 651. Theft or embezzlement from employee benefit 
plan 
‘‘(a) OFFENSE.—Whoever embezzles, steals, or un-
lawfully and knowingly abstracts or converts any property 
of any employee welfare benefit plan or employee pension 
benefit plan, or of any fund connected therewith, shall be 
imprisoned not more than five years. 
‘‘(b) DEFINITION.—As used in this section, the term 
‘any employee welfare benefit plan or employee pension 
benefit plan’ means any employee benefit plan subject to 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00485
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
486 
any provision of title I of the Employee Retirement In-
come Security Act of 1974. 
‘‘§ 652. Theft or embezzlement from employment and 
training funds; improper inducement 
‘‘(a) THEFT
OR EMBEZZLEMENT FROM EMPLOY-
MENT AND TRAINING FUNDS.—Whoever, being an officer, 
director, agent, or employee of, or connected in any capac-
ity with any agency or organization receiving financial as-
sistance or any funds under the Job Training Partnership 
Act or title I of the Workforce Investment Act of 1998 
knowingly enrolls an ineligible participant, embezzles, 
misapplies, steals, or obtains by fraud any property that 
is the subject of a financial assistance agreement or con-
tract pursuant to such Act shall be imprisoned for not 
more than 2 years, but if the amount so embezzled, mis-
applied, stolen, or obtained by fraud does not exceed 
$1,000, the offender shall be imprisoned not more than 
1 year. 
‘‘(b) IMPROPER INDUCEMENT.—Whoever, by threat 
or procuring dismissal of any person from employment or 
of refusal to employ or refusal to renew a contract of em-
ployment in connection with a financial assistance agree-
ment or contract under the Job Training Partnership Act 
or title I of the Workforce Investment Act of 1998 induces 
any person to give up any money or thing of any value 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00486
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
487 
to any person (including such organization or agency re-
ceiving funds) shall be imprisoned not more than 1 year. 
‘‘§ 653. Theft or bribery concerning programs receiv-
ing Federal funds 
‘‘(a) OFFENSE.—Whoever, as made applicable by 
subsection (b)— 
‘‘(1) being an agent of an organization, or of a 
State, local, or Indian tribal government, or any 
agency thereof— 
‘‘(A) embezzles, steals, obtains by fraud, or 
otherwise without authority knowingly converts 
or intentionally misapplies, property that— 
‘‘(i) is valued at $5,000 or more, and 
‘‘(ii) is owned by, or is under the care, 
custody, or control of such organization, 
government, or agency; or 
‘‘(B) corruptly solicits or demands for the 
benefit of any person, or accepts or agrees to 
accept, anything of value from any person, in-
tending to be influenced or rewarded in connec-
tion with any business, transaction, or series of 
transactions of such organization, government, 
or agency involving any thing of value of 
$5,000 or more; or 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00487
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
488 
‘‘(2) corruptly gives, offers, or agrees to give 
anything of value to any person, with intent to influ-
ence or reward an agent of an organization or of a 
State, local or Indian tribal government, or any 
agency thereof, in connection with any business, 
transaction, or series of transactions of such organi-
zation, government, or agency involving anything of 
value of $5,000 or more; 
shall be imprisoned not more than 10 years. 
‘‘(b) APPLICABILITY.—Subsection (a) applies if the 
organization, government, or agency receives, in any one 
year period, benefits in excess of $10,000 under a Federal 
program involving a grant, contract, subsidy, loan, guar-
antee, insurance, or other form of Federal assistance. 
‘‘(c) EXCLUSION.—This section does not apply to 
bona fide salary, wages, fees, or other compensation paid, 
or expenses paid or reimbursed, in the usual course of 
business. 
‘‘(d) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘agent’ means a person author-
ized to act on behalf of another person or a govern-
ment and, in the case of an organization or govern-
ment, includes a servant or employee, and a partner, 
director, officer, manager, and representative; 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00488
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
489 
‘‘(2) the term ‘government agency’ means a 
subdivision of the executive, legislative, judicial, or 
other branch of government, including a department, 
independent establishment, commission, administra-
tion, authority, board, and bureau, and a corpora-
tion or other legal entity established, and subject to 
control, by a government or governments for the 
execution of a governmental or intergovernmental 
program; 
‘‘(3) the term ‘local’ means of or pertaining to 
a political subdivision within a State; and 
‘‘(4) the term ‘in any one-year period’ means a 
continuous period that commences no earlier than 
twelve months before the commission of the offense 
or that ends no later than twelve months after the 
commission of the offense. Such period may include 
time both before and after the commission of the of-
fense. 
‘‘§ 654. Theft of major artwork 
‘‘(a) OFFENSES.—A person who— 
‘‘(1) steals or obtains by fraud from the care, 
custody, or control of a museum any object of cul-
tural heritage; or 
‘‘(2) knowing that an object of cultural heritage 
has been stolen or obtained by fraud, if in fact the 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00489
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
490 
object was stolen or obtained from the care, custody, 
or control of a museum (whether or not that fact is 
known to the person), receives, conceals, exhibits, or 
disposes of the object, 
shall be imprisoned not more than 10 years. 
‘‘(b) DEFINITIONS.—In this section— 
‘‘(1) the term ‘museum’ means an organized 
and permanent institution, the activities of which af-
fect interstate or foreign commerce, that— 
‘‘(A) is situated in the United States; 
‘‘(B) is established for an essentially edu-
cational or aesthetic purpose; 
‘‘(C) has a professional staff; and 
‘‘(D) owns, utilizes, and cares for tangible 
objects that are exhibited to the public on a 
regular schedule; and 
‘‘(2) the term ‘object of cultural heritage’ 
means an object that is— 
‘‘(A) over 100 years old and worth in ex-
cess of $5,000; or 
‘‘(B) worth at least $100,000. 
‘‘§ 655. Theft or embezzlement in connection with 
health care 
‘‘Whoever knowingly embezzles, steals, or otherwise 
without authority converts or intentionally misapplies any 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00490
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
491 
of the moneys, funds, securities, premiums, credits, prop-
erty, or other assets of a health care benefit program, shall 
be imprisoned not more than 10 years, but if the value 
of such property does not exceed the sum of $100 the of-
fender shall be imprisoned not more than one year. 
‘‘§ 656. Embezzlement of labor organization assets 
‘‘(a) OFFENSE.—Whoever, being an officer or em-
ployee of a labor organization, embezzles, steals, or unlaw-
fully and knowingly abstracts or converts any of the prop-
erty of the organization shall be imprisoned for not more 
than five years. 
‘‘(b) DEFINITION.—As used in this section the term 
‘labor organization’ has the meaning given that term in 
the National Labor Relations Act. 
‘‘SUBCHAPTER B—STOLEN PROPERTY 
‘‘Sec. 
‘‘670. Definitions for subchapter. 
‘‘671. Transportation of stolen vehicles. 
‘‘672. Sale or receipt of stolen vehicles. 
‘‘673. Transportation of stolen goods, securities, moneys, fraudulent State tax 
stamps, or articles used in counterfeiting. 
‘‘674. Sale or receipt of stolen goods, securities, moneys, or fraudulent State tax 
stamps. 
‘‘675. Trafficking in counterfeit labels, illicit labels, or counterfeit documenta-
tion or packaging. 
‘‘676. Criminal infringement of a copyright. 
‘‘677. Copyright infringement. 
‘‘678. Unauthorized fixation of and trafficking in sound recordings and music 
videos of live musical performances. 
‘‘679. Unauthorized recording of motion pictures in a motion picture exhibition 
facility. 
‘‘680. Trafficking in counterfeit goods or services. 
‘‘681. Trafficking in certain motor vehicles or motor vehicle parts. 
‘‘682. Chop shops. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00491
Fmt 6652
Sfmt 6211
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
492 
‘‘§ 670. Definitions for subchapter 
‘‘The following definitions apply in this subchapter: 
‘‘(1) The term ‘aircraft’ means any contrivance 
now known or hereafter invented, used, or designed 
for navigation of or for flight in the air. 
‘‘(2) The term ‘money’ means the legal tender 
of the United States or of any foreign country, or 
any counterfeit thereof. 
‘‘(3) The term ‘motor vehicle’ means an auto-
mobile, automobile truck, automobile wagon, motor-
cycle, or any other self-propelled vehicle designed for 
running on land but not on rails. 
‘‘(4) The term ‘securities’ means any note, 
stock certificate, bond, debenture, check, draft, war-
rant, traveler’s check, letter of credit, warehouse re-
ceipt, negotiable bill of lading, evidence of indebted-
ness, certificate of interest or participation in any 
profit-sharing agreement, collateral-trust certificate, 
preorganization certificate or subscription, transfer-
able share, investment contract, voting-trust certifi-
cate; valid or blank motor vehicle title; certificate of 
interest in property, tangible or intangible; instru-
ment or document or writing evidencing ownership 
of goods, wares, and merchandise, or transferring or 
assigning any right, title, or interest in or to goods, 
wares, and merchandise; or, in general, any instru-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00492
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
493 
ment commonly known as a ‘security’, or any certifi-
cate of interest or participation in, temporary or in-
terim certificate for, receipt for, warrant, or right to 
subscribe to or purchase any of the foregoing, or any 
forged, counterfeited, or spurious representation of 
any of the foregoing. 
‘‘(5) The term ‘tax stamp’ means any tax 
stamp, tax token, tax meter imprint, or any other 
form of evidence of an obligation running to a State, 
or evidence of the discharge thereof. 
‘‘(6) The term ‘value’ means the face, par, or 
market value, whichever is the greatest, and the ag-
gregate value of all goods, wares, and merchandise, 
securities, and money referred to in a single indict-
ment shall constitute the value thereof. 
‘‘(7) The term ‘vessel’ means any watercraft or 
other contrivance used or designed for transpor-
tation or navigation on, under, or immediately 
above, water. 
‘‘§ 671. Transportation of stolen vehicles 
‘‘Whoever transports in interstate or foreign com-
merce a motor vehicle, vessel, or aircraft, knowing the 
same to have been stolen, shall be imprisoned not more 
than 10 years. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00493
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
494 
‘‘§ 672. Sale or receipt of stolen vehicles 
‘‘Whoever receives, possesses, conceals, stores, bar-
ters, sells, or disposes of any motor vehicle, vessel, or air-
craft, which has crossed a State or United States bound-
ary after being stolen, knowing the same to have been sto-
len, shall be imprisoned not more than 10 years. 
‘‘§ 673. Transportation of stolen goods, securities, 
moneys, fraudulent State tax stamps, or 
articles used in counterfeiting 
‘‘Whoever— 
‘‘(1) transports, transmits, or transfers in inter-
state or foreign commerce any goods, wares, mer-
chandise, securities or money, of the value of $5,000 
or more, knowing the same to have been stolen, con-
verted or taken by fraud; 
‘‘(2) having devised or intending to devise any 
scheme or artifice to defraud, or for obtaining 
money or property by means of false or fraudulent 
pretenses, representations, or promises, transports 
or causes to be transported, or induces any person 
or persons to travel in, or to be transported in inter-
state or foreign commerce in the execution or con-
cealment of a scheme or artifice to defraud that per-
son or those persons of money or property having a 
value of $5,000 or more; 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00494
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
495 
‘‘(3) with unlawful intent, transports in inter-
state or foreign commerce any falsely made, forged, 
altered, or counterfeited securities or tax stamps, 
knowing the same to have been falsely made, forged, 
altered, or counterfeited; 
‘‘(4) with unlawful intent, transports in inter-
state or foreign commerce any traveler’s check bear-
ing a forged countersignature; or 
‘‘(5) with unlawful intent, transports in inter-
state or foreign commerce, any tool, implement, or 
thing used or fitted to be used in falsely making, 
forging, altering, or counterfeiting any security or 
tax stamps, or any part thereof; 
shall be imprisoned not more than ten years. 
‘‘§ 674. Sale or receipt of stolen goods, securities, 
moneys, or fraudulent State tax stamps 
‘‘Whoever— 
‘‘(1) receives, possesses, conceals, stores, bar-
ters, sells, or disposes of any goods, wares, or mer-
chandise, securities, or money of the value of $5,000 
or more, or pledges or accepts as security for a loan 
any goods, wares, or merchandise, or securities, of 
the value of $500 or more, which have crossed a 
State or United States boundary after being stolen, 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00495
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
496 
unlawfully converted, or taken, knowing the same to 
have been stolen, unlawfully converted, or taken; 
‘‘(2) receives, possesses, conceals, stores, bar-
ters, sells, or disposes of any falsely made, forged, 
altered, or counterfeited securities or tax stamps, or 
pledges or accepts as security for a loan any falsely 
made, forged, altered, or counterfeited securities or 
tax stamps, moving as, or which are a part of, or 
which constitute interstate or foreign commerce, 
knowing the same to have been so falsely made, 
forged, altered, or counterfeited; or 
‘‘(3) receives in interstate or foreign commerce, 
or conceals, stores, barters, sells, or disposes of, any 
tool, implement, or thing used or intended to be 
used in falsely making, forging, altering, or counter-
feiting any security or tax stamp, or any part there-
of, moving as, or which is a part of, or which con-
stitutes interstate or foreign commerce, knowing 
that the same is fitted to be used, or has been used, 
in falsely making, forging, altering, or counterfeiting 
any security or tax stamp, or any part thereof; 
shall be imprisoned not more than ten years. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00496
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
497 
‘‘§ 675. Trafficking in counterfeit labels, illicit labels, 
or counterfeit documentation or pack-
aging 
‘‘(a) OFFENSE.—Whoever, as made applicable by 
subsection (c), knowingly traffics in— 
‘‘(1) a counterfeit label or illicit label affixed to, 
enclosing, or accompanying, or designed to be af-
fixed to, enclose, or accompany— 
‘‘(A) a phonorecord; 
‘‘(B) a copy of a computer program; 
‘‘(C) a copy of a motion picture or other 
audiovisual work; 
‘‘(D) a copy of a literary work; 
‘‘(E) a copy of a pictorial, graphic, or 
sculptural work; 
‘‘(F) a work of visual art; or 
‘‘(G) documentation or packaging; or 
‘‘(2) counterfeit documentation or packaging, 
shall be imprisoned for not more than 5 years. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘counterfeit label’ means an iden-
tifying label or container that appears to be genuine, 
but is not; 
‘‘(2) the term ‘traffic’ has the meaning given 
that term in section 680; 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00497
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
498 
‘‘(3) the terms ‘copy’, ‘phonorecord’, ‘motion 
picture’, ‘computer program’, ‘audiovisual work’, ‘lit-
erary work’, ‘pictorial, graphic, or sculptural work’, 
‘sound recording’, ‘work of visual art’, and ‘copy-
right owner’ have, respectively, the meanings given 
those terms in section 101 (relating to definitions) 
of title 17; 
‘‘(4) the term ‘illicit label’ means a genuine cer-
tificate, licensing document, registration card, or 
similar labeling component— 
‘‘(A) that is used by the copyright owner 
to verify that a phonorecord, a copy of a com-
puter program, a copy of a motion picture or 
other audiovisual work, a copy of a literary 
work, a copy of a pictorial, graphic, or sculp-
tural work, a work of visual art, or documenta-
tion or packaging is not counterfeit or infring-
ing of any copyright; and 
‘‘(B) that is, without the authorization of 
the copyright owner— 
‘‘(i) distributed or intended for dis-
tribution not in connection with the copy, 
phonorecord, or work of visual art to which 
such labeling component was intended to 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00498
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
499 
be affixed by the respective copyright 
owner; or 
‘‘(ii) in connection with a genuine cer-
tificate or licensing document, knowingly 
falsified in order to designate a higher 
number of licensed users or copies than 
authorized by the copyright owner, unless 
that certificate or document is used by the 
copyright owner solely for the purpose of 
monitoring or tracking the copyright own-
er’s distribution channel and not for the 
purpose of verifying that a copy or phono-
record is noninfringing; 
‘‘(5) the term ‘documentation or packaging’ 
means documentation or packaging, in physical 
form, for a phonorecord, copy of a computer pro-
gram, copy of a motion picture or other audiovisual 
work, copy of a literary work, copy of a pictorial, 
graphic, or sculptural work, or work of visual art; 
and 
‘‘(6) the term ‘counterfeit documentation or 
packaging’ means documentation or packaging that 
appears to be genuine, but is not. 
‘‘(c) APPLICATION.—Subsection (a) applies if— 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00499
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
500 
‘‘(1) the offense is committed within the special 
maritime and territorial jurisdiction of the United 
States or within the special aircraft jurisdiction of 
the United States (as defined in section 46501 of 
title 49); 
‘‘(2) the mail or a facility of interstate or for-
eign commerce is used or intended to be used in the 
commission of the offense; 
‘‘(3) the counterfeit label or illicit label is af-
fixed to, encloses, or accompanies, or is designed to 
be affixed to, enclose, or accompany— 
‘‘(A) a phonorecord of a copyrighted sound 
recording or copyrighted musical work; 
‘‘(B) a copy of a copyrighted computer 
program; 
‘‘(C) a copy of a copyrighted motion pic-
ture or other audiovisual work; 
‘‘(D) a copy of a literary work; 
‘‘(E) a copy of a pictorial, graphic, or 
sculptural work; 
‘‘(F) a work of visual art; or 
‘‘(G) copyrighted documentation or pack-
aging; or 
‘‘(4) the counterfeited documentation or pack-
aging is copyrighted. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00500
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
501 
‘‘(d) CIVIL REMEDIES.— 
‘‘(1) IN GENERAL.—Any copyright owner who 
is injured, or is threatened with injury, by a viola-
tion of subsection (a) may bring a civil action in an 
appropriate United States district court. 
‘‘(2) DISCRETION
OF
COURT.—In any action 
brought under paragraph (1), the court— 
‘‘(A) may grant 1 or more temporary or 
permanent injunctions on such terms as the 
court determines to be reasonable to prevent or 
restrain a violation of subsection (a); 
‘‘(B) at any time while the action is pend-
ing, may order the impounding, on such terms 
as the court determines to be reasonable, of any 
article that is in the custody or control of the 
alleged violator and that the court has reason-
able cause to believe was involved in a violation 
of subsection (a); and 
‘‘(C) may award to the injured party— 
‘‘(i) reasonable attorney fees and 
costs; and 
‘‘(ii)(I) actual damages and any addi-
tional profits of the violator, as provided in 
paragraph (3); or 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00501
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
502 
‘‘(II) statutory damages, as provided 
in paragraph (4). 
‘‘(3) ACTUAL DAMAGES AND PROFITS.— 
‘‘(A) IN GENERAL.—The injured party is 
entitled to recover— 
‘‘(i) the actual damages suffered by 
the injured party as a result of a violation 
of subsection (a), as provided in subpara-
graph (B) of this paragraph; and 
‘‘(ii) any profits of the violator that 
are attributable to a violation of subsection 
(a) and are not taken into account in com-
puting the actual damages. 
‘‘(B) CALCULATION
OF
DAMAGES.—The 
court shall calculate actual damages by multi-
plying— 
‘‘(i) the value of the phonorecords, 
copies, or works of visual art which are, or 
are intended to be, affixed with, enclosed 
in, or accompanied by any counterfeit la-
bels, illicit labels, or counterfeit docu-
mentation or packaging, by 
‘‘(ii) the number of phonorecords, cop-
ies, or works of visual art which are, or are 
intended to be, affixed with, enclosed in, or 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00502
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
503 
accompanied by any counterfeit labels, il-
licit labels, or counterfeit documentation or 
packaging. 
‘‘(C) DEFINITION.—For purposes of this 
paragraph, the ‘value’ of a phonorecord, copy, 
or work of visual art is— 
‘‘(i) in the case of a copyrighted 
sound recording or copyrighted musical 
work, the retail value of an authorized pho-
norecord of that sound recording or musi-
cal work; 
‘‘(ii) in the case of a copyrighted com-
puter program, the retail value of an au-
thorized copy of that computer program; 
‘‘(iii) in the case of a copyrighted mo-
tion picture or other audiovisual work, the 
retail value of an authorized copy of that 
motion picture or audiovisual work; 
‘‘(iv) in the case of a copyrighted lit-
erary work, the retail value of an author-
ized copy of that literary work; 
‘‘(v) in the case of a pictorial, graphic, 
or sculptural work, the retail value of an 
authorized copy of that work; and 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00503
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
504 
‘‘(vi) in the case of a work of visual 
art, the retail value of that work. 
‘‘(4) STATUTORY DAMAGES.—The injured party 
may elect, at any time before final judgment is ren-
dered, to recover, instead of actual damages and 
profits, an award of statutory damages for each vio-
lation of subsection (a) in a sum of not less than 
$2,500 or more than $25,000, as the court considers 
appropriate. 
‘‘(5) SUBSEQUENT VIOLATION.—The court may 
increase an award of damages under this subsection 
by 3 times the amount that would otherwise be 
awarded, as the court considers appropriate, if the 
court finds that a person has subsequently violated 
subsection (a) within 3 years after a final judgment 
was entered against that person for a violation of 
that subsection. 
‘‘(6) LIMITATION ON ACTIONS.—A civil action 
may not be commenced under this subsection unless 
it is commenced within 3 years after the date on 
which the claimant discovers the violation of sub-
section (a). 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00504
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
505 
‘‘§ 676. Criminal infringement of a copyright 
‘‘(a) SECTION 677 OFFENSES IN GENERAL.—Who-
ever violates section 677 shall be punished as provided in 
subsections (b), (c), and (d). 
‘‘(b) SUBSECTION (a)(1)(A) OFFENSES.—Whoever 
commits an offense under section 677(a)(1)(A)— 
‘‘(1) shall be imprisoned not more than 5 years, 
if the offense consists of the reproduction or dis-
tribution, including by electronic means, during any 
180-day 
period, 
of 
at 
least 
copies 
or 
phonorecords, of 1 or more copyrighted works, which 
have a total retail value of more than $2,500; 
‘‘(2) shall be imprisoned not more than 10 
years if the offense is a felony and is a second or 
subsequent offense under subsection (a); and 
‘‘(3) shall be imprisoned not more than 1 year 
in any other case. 
‘‘(c) SUBSECTION (a)(1)(B) OFFENSES.—Whoever 
commits an offense under section 677(a)(1)(B)— 
‘‘(1) shall be imprisoned not more than 3 years, 
if the offense consists of the reproduction or dis-
tribution of 10 or more copies or phonorecords of 1 
or more copyrighted works, which have a total retail 
value of $2,500 or more; 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00505
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
506 
‘‘(2) shall be imprisoned not more than 6 years, 
or if the offense is a felony and is a second or subse-
quent offense under subsection (a); and 
‘‘(3) shall be imprisoned not more than 1 year, 
or if the offense consists of the reproduction or dis-
tribution of 1 or more copies or phonorecords of 1 
or more copyrighted works, which have a total retail 
value of more than $1,000. 
‘‘(d) SUBSECTION (a)(1)(C) OFFENSES.—Whoever 
commits an offense under section 677(a)(1)(C)— 
‘‘(1) shall be imprisoned not more than 3 years; 
‘‘(2) shall be imprisoned not more than 5 years 
if the offense was committed for purposes of com-
mercial advantage or private financial gain; 
‘‘(3) shall be imprisoned not more than 6 years 
if the offense is a second or subsequent offense; and 
‘‘(4) shall be imprisoned not more than 10 
years if the offense is a second or subsequent offense 
under paragraph (2). 
‘‘(e) VICTIM IMPACT.— 
‘‘(1) IN GENERAL.—During preparation of the 
presentence report pursuant to Rule 32(c) of the 
Federal Rules of Criminal Procedure, victims of the 
offense shall be permitted to submit, and the proba-
tion officer shall receive, a victim impact statement 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00506
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
507 
that identifies the victim of the offense and the ex-
tent and scope of the injury and loss suffered by the 
victim, including the estimated economic impact of 
the offense on that victim. 
‘‘(2) PERSONS PERMITTED TO SUBMIT.—Per-
sons permitted to submit victim impact statements 
shall include— 
‘‘(A) producers and sellers of legitimate 
works affected by conduct involved in the of-
fense; 
‘‘(B) holders of intellectual property rights 
in such works; and 
‘‘(C) the legal representatives of such pro-
ducers, sellers, and holders. 
‘‘(f) DEFINITIONS.—As used in this section— 
‘‘(1) the terms ‘phonorecord’ and ‘copies’ have, 
respectively, the meanings set forth in section 101 
(relating to definitions) of title 17; 
‘‘(2) the terms ‘reproduction’ and ‘distribution’ 
refer to the exclusive rights of a copyright owner 
under clauses (1) and (3) respectively of section 106 
(relating to exclusive rights in copyrighted works), 
as limited by sections 107 through 122, of title 17; 
‘‘(3) the term ‘financial gain’ has the meaning 
given the term in section 101 of title 17; and 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00507
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
508 
‘‘(4) the term ‘work being prepared for com-
mercial distribution’ has the meaning given the term 
in section 677. 
‘‘§ 677. Copyright infringement 
‘‘(a) CRIMINAL INFRINGEMENT.— 
‘‘(1) IN
GENERAL.—Whoever knowingly in-
fringes a copyright shall be punished as provided 
under section 676, if the infringement was com-
mitted— 
‘‘(A) for purposes of commercial advantage 
or private financial gain; 
‘‘(B) by the reproduction or distribution, 
including by electronic means, during any 180- 
day period, of 1 or more copies or phonorecords 
of 1 or more copyrighted works, which have a 
total retail value of more than $1,000; or 
‘‘(C) by the distribution of a work being 
prepared for commercial distribution, by mak-
ing it available on a computer network acces-
sible to members of the public, if such person 
knew or should have known that the work was 
intended for commercial distribution. 
‘‘(2) EVIDENCE.—For purposes of this sub-
section, evidence of reproduction or distribution of a 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00508
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
509 
copyrighted work, by itself, shall not be sufficient to 
establish knowing infringement of a copyright. 
‘‘(3) DEFINITION.—In this subsection, the term 
‘work being prepared for commercial distribution’ 
means— 
‘‘(A) a computer program, a musical work, 
a motion picture or other audiovisual work, or 
a sound recording, if, at the time of unauthor-
ized distribution— 
‘‘(i) the copyright owner has a reason-
able expectation of commercial distribu-
tion; and 
‘‘(ii) the copies or phonorecords of the 
work have not been commercially distrib-
uted; or 
‘‘(B) a motion picture, if, at the time of 
unauthorized distribution, the motion picture— 
‘‘(i) has been made available for view-
ing in a motion picture exhibition facility; 
and 
‘‘(ii) has not been made available in 
copies for sale to the general public in the 
United States in a format intended to per-
mit viewing outside a motion picture exhi-
bition facility. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00509
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
510 
‘‘(b) FRAUDULENT COPYRIGHT NOTICE.—Whoever, 
with fraudulent intent, places on any article a notice of 
copyright or words of the same purport that such person 
knows to be false, or who, with fraudulent intent, publicly 
distributes or imports for public distribution any article 
bearing such notice or words that such person knows to 
be false, shall be fined not more than $2,500. 
‘‘(c) FRAUDULENT REMOVAL OF COPYRIGHT NO-
TICE.—Whoever, with fraudulent intent, removes or alters 
any notice of copyright appearing on a copy of a copy-
righted work shall be fined not more than $2,500. 
‘‘(d) FALSE REPRESENTATION.—Whoever knowingly 
makes a false representation of a material fact in the ap-
plication for copyright registration provided for by section 
409 of title 17, or in any written statement filed in connec-
tion with the application, shall be fined not more than 
$2,500. 
‘‘(e) RIGHTS OF ATTRIBUTION AND INTEGRITY.— 
Nothing in this section applies to infringement of the 
rights conferred by section 106A(a) of title 17. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00510
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
511 
‘‘§ 678. Unauthorized fixation of and trafficking in 
sound recordings and music videos of 
live musical performances 
‘‘(a) OFFENSE.—Whoever, without the consent of the 
performer or performers involved, knowingly and for pur-
poses of commercial advantage or private financial gain— 
‘‘(1) fixes the sounds or sounds and images of 
a live musical performance in a copy or phonorecord, 
or reproduces copies or phonorecords of such a per-
formance from an unauthorized fixation; 
‘‘(2) transmits or otherwise communicates to 
the public the sounds or sounds and images of a live 
musical performance; or 
‘‘(3) distributes or offers to distribute, sells or 
offers to sell, rents or offers to rent, or traffics in 
any copy or phonorecord fixed as described in para-
graph (1), regardless of whether the fixations oc-
curred in the United States; 
shall be imprisoned for not more than 5 years, or if the 
offense is a second or subsequent offense, shall be impris-
oned for not more than 10 years. 
‘‘(b) SEIZURE
AND
FORFEITURE.—If copies or 
phonorecords of sounds or sounds and images of a live 
musical performance are fixed outside of the United States 
without the consent of the performer or performers in-
volved, such copies or phonorecords are subject to seizure 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00511
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
512 
and forfeiture in the United States in the same manner 
as property imported in violation of the customs laws. The 
Secretary of Homeland Security shall issue regulations by 
which any performer may, upon payment of a specified 
fee, be entitled to notification by United States Customs 
and Border Protection of the importation of copies or 
phonorecords that appear to consist of unauthorized fixa-
tions of the sounds or sounds and images of a live musical 
performance. 
‘‘(c) VICTIM IMPACT STATEMENT.—(1) During prep-
aration of the presentence report pursuant to Rule 32(c) 
of the Federal Rules of Criminal Procedure, victims of the 
offense shall be permitted to submit, and the probation 
officer shall receive, a victim impact statement that identi-
fies the victim of the offense and the extent and scope 
of the injury and loss suffered by the victim, including 
the estimated economic impact of the offense on that vic-
tim. 
‘‘(2) Persons permitted to submit victim impact 
statements shall include— 
‘‘(A) producers and sellers of legitimate works 
affected by conduct involved in the offense; 
‘‘(B) holders of intellectual property rights in 
such works; and 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00512
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
513 
‘‘(C) the legal representatives of such pro-
ducers, sellers, and holders. 
‘‘(d) DEFINITIONS.—As used in this section— 
‘‘(1) the terms ‘copy’, ‘fixed’, ‘musical work’, 
‘phonorecord’, ‘reproduce’, ‘sound recordings’, and 
‘transmit’ mean those terms within the meaning of 
title 17; and 
‘‘(2) the term ‘traffic’ has the meaning given 
that term in section 680. 
‘‘(e) APPLICABILITY.—This section applies to any 
conduct that occurs on or after the date of the enactment 
of the Uruguay Round Agreements Act. 
‘‘§ 679. Unauthorized recording of motion pictures in 
a motion picture exhibition facility 
‘‘(a) OFFENSE.—Whoever, without the authorization 
of the copyright owner, knowingly uses or attempts to use 
an audiovisual recording device to transmit or make a copy 
of a motion picture or other audiovisual work protected 
under title 17, or any part thereof, from a performance 
of such work in a motion picture exhibition facility, shall— 
‘‘(1) be imprisoned for not more than 3 years; 
or 
‘‘(2) if the offense is a second or subsequent of-
fense, be imprisoned for no more than 6 years. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00513
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
514 
The possession by a person of an audiovisual recording 
device in a motion picture exhibition facility may be con-
sidered as evidence in any proceeding to determine wheth-
er that person committed an offense under this subsection, 
but shall not, by itself, be sufficient to support a conviction 
of that person for such offense. 
‘‘(b) AUTHORIZED ACTIVITIES.—This section does 
not prevent any lawfully authorized investigative, protec-
tive, or intelligence activity by an officer, agent, or em-
ployee of the United States, a State, or a political subdivi-
sion of a State, or by a person acting under a contract 
with the United States, a State, or a political subdivision 
of a State. 
‘‘(c) IMMUNITY FOR THEATERS.—With reasonable 
cause, the owner or lessee of a motion picture exhibition 
facility where a motion picture or other audiovisual work 
is being exhibited, the authorized agent or employee of 
such owner or lessee, the licensor of the motion picture 
or other audiovisual work being exhibited, or the agent 
or employee of such licensor— 
‘‘(1) may detain, in a reasonable manner and 
for a reasonable time, any person suspected of a vio-
lation of this section with respect to that motion pic-
ture or audiovisual work for the purpose of ques-
tioning or summoning a law enforcement officer; and 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00514
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
515 
‘‘(2) shall not be held liable in any civil or 
criminal action arising out of a detention under 
paragraph (1). 
‘‘(d) VICTIM IMPACT STATEMENT.— 
‘‘(1) IN GENERAL.—During the preparation of 
the presentence report under rule 32(c) of the Fed-
eral Rules of Criminal Procedure, victims of an of-
fense under this section shall be permitted to submit 
to the probation officer a victim impact statement 
that identifies the victim of the offense and the ex-
tent and scope of the injury and loss suffered by the 
victim, including the estimated economic impact of 
the offense on that victim. 
‘‘(2) CONTENTS.—A victim impact statement 
submitted under this subsection shall include— 
‘‘(A) producers and sellers of legitimate 
works affected by conduct involved in the of-
fense; 
‘‘(B) holders of intellectual property rights 
in the works described in subparagraph (A); 
and 
‘‘(C) the legal representatives of such pro-
ducers, sellers, and holders. 
‘‘(e) DEFINITIONS.—In this section, the following 
definitions apply: 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00515
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
516 
‘‘(1) TITLE
DEFINITIONS.—The terms 
‘audiovisual work’, ‘copy’, ‘copyright owner’, ‘motion 
picture’, ‘motion picture exhibition facility’, and 
‘transmit’ have, respectively, the meanings given 
those terms in section 101 of title 17. 
‘‘(2) AUDIOVISUAL
RECORDING
DEVICE.—The 
term ‘audiovisual recording device’ means a digital 
or analog photographic or video camera, or any 
other technology or device capable of enabling the 
recording or transmission of a copyrighted motion 
picture or other audiovisual work, or any part there-
of, regardless of whether audiovisual recording is the 
sole or primary purpose of the device. 
‘‘§ 680. Trafficking in counterfeit goods or services 
‘‘(a) OFFENSE.— 
‘‘(1) IN GENERAL.—Whoever intentionally traf-
fics or attempts to traffic in goods or services and 
knowingly uses a counterfeit mark on or in connec-
tion with such goods or services, or intentionally 
traffics or attempts to traffic in labels, patches, 
stickers, wrappers, badges, emblems, medallions, 
charms, boxes, containers, cans, cases, hangtags, 
documentation, or packaging of any type or nature, 
knowing that a counterfeit mark has been applied 
thereto, the use of which is likely to cause confusion, 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00516
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
517 
to cause mistake, or to deceive, shall, if an indi-
vidual, be imprisoned not more than 10 years, and, 
if an organization, be fined not more than 
$5,000,000. In the case of an offense by a person 
under this section that occurs after that person is 
convicted of another offense under this section, the 
person convicted, if an individual, shall be fined not 
more than $5,000,000 or imprisoned not more than 
20 years, or both, and if an organization, shall be 
fined not more than $15,000,000. 
‘‘(2) SERIOUS BODILY HARM OR DEATH.— 
‘‘(A) SERIOUS BODILY HARM.—If the of-
fender knowingly or recklessly causes serious 
bodily injury from conduct in violation of para-
graph (1), the penalty shall be imprisonment 
for not more than 20 years. 
‘‘(B) DEATH.—If the offender knowingly 
or recklessly causes or attempts to cause death 
from conduct in violation of paragraph (1), the 
penalty shall be a fine under this title or im-
prisonment for any term of years or for life, or 
both. 
‘‘(b) LANHAM ACT APPLICATION.—All defenses, af-
firmative defenses, and limitations on remedies that would 
be applicable in an action under the Lanham Act shall 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00517
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
518 
be applicable in a prosecution under this section. In a 
prosecution under this section, the defendant shall have 
the burden of proof, by a preponderance of the evidence, 
of any such affirmative defense. 
‘‘(c) VICTIM IMPACT STATEMENT.— 
‘‘(1) During preparation of the presentence re-
port pursuant to Rule 32(c) of the Federal Rules of 
Criminal Procedure, victims of the offense shall be 
permitted to submit, and the probation officer shall 
receive, a victim impact statement that identifies the 
victim of the offense and the extent and scope of the 
injury and loss suffered by the victim, including the 
estimated economic impact of the offense on that 
victim. 
‘‘(2) Persons permitted to submit victim impact 
statements shall include— 
‘‘(A) producers and sellers of legitimate 
goods or services affected by conduct involved 
in the offense; 
‘‘(B) holders of intellectual property rights 
in such goods or services; and 
‘‘(C) the legal representatives of such pro-
ducers, sellers, and holders. 
‘‘(d) DEFINITIONS.—For the purposes of this sec-
tion— 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00518
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
519 
‘‘(1) the term ‘counterfeit mark’ means— 
‘‘(A) a spurious mark— 
‘‘(i) that is used in connection with 
trafficking in any goods, services, labels, 
patches, stickers, wrappers, badges, em-
blems, medallions, charms, boxes, con-
tainers, cans, cases, hangtags, documenta-
tion, or packaging of any type or nature; 
‘‘(ii) that is identical with, or substan-
tially indistinguishable from, a mark reg-
istered on the principal register in the 
United States Patent and Trademark Of-
fice and in use, whether or not the defend-
ant knew such mark was so registered; 
‘‘(iii) that is applied to or used in con-
nection with the goods or services for 
which the mark is registered with the 
United States Patent and Trademark Of-
fice, or is applied to or consists of a label, 
patch, sticker, wrapper, badge, emblem, 
medallion, charm, box, container, can, 
case, hangtag, documentation, or pack-
aging of any type or nature that is de-
signed, marketed, or otherwise intended to 
be used on or in connection with the goods 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00519
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
520 
or services for which the mark is registered 
in the United States Patent and Trade-
mark Office; and 
‘‘(iv) the use of which is likely to 
cause confusion, to cause mistake, or to 
deceive; or 
‘‘(B) a spurious designation that is iden-
tical with, or substantially indistinguishable 
from, a designation as to which the remedies of 
the Lanham Act are made available by reason 
of section 220506 of title 36, 
but such term does not include any mark or designa-
tion used in connection with goods or services, or a 
mark or designation applied to labels, patches, stick-
ers, wrappers, badges, emblems, medallions, charms, 
boxes, containers, cans, cases, hangtags, documenta-
tion, or packaging of any type or nature used in con-
nection with such goods or services, of which the 
manufacturer or producer was, at the time of the 
manufacture or production in question, authorized to 
use the mark or designation for the type of goods or 
services so manufactured or produced, by the holder 
of the right to use such mark or designation; 
‘‘(2) the term ‘traffic’ means to transport, 
transfer, or otherwise dispose of, to another, for pur-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00520
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
521 
poses of commercial advantage or private financial 
gain, or to make, import, export, obtain control of, 
or possess, with intent to so transport, transfer, or 
otherwise dispose of; 
‘‘(3) the term ‘financial gain’ includes the re-
ceipt, or expected receipt, of anything of value; and 
‘‘(4) the term ‘Lanham Act’ means the Act en-
titled ‘An Act to provide for the registration and 
protection of trademarks used in commerce, to carry 
out the provisions of certain international conven-
tions, and for other purposes’, approved July 5, 
1946. 
‘‘(e) DISCLAIMER.—Nothing in this section shall enti-
tle the United States to bring a criminal cause of action 
under this section for the repackaging of genuine goods 
or services not intended to deceive or confuse. 
‘‘(f) REPORT TO CONGRESS.— 
‘‘(1) Beginning with the first year after the 
date of enactment of this subsection, the Attorney 
General shall include in the report of the Attorney 
General to Congress on the business of the Depart-
ment of Justice prepared pursuant to section 522 of 
title 28, an accounting, on a district by district 
basis, of the following with respect to all actions 
taken by the Department of Justice that involve 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00521
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
522 
trafficking in counterfeit labels for phonorecords, 
copies of computer programs or computer program 
documentation or packaging, copies of motion pic-
tures or other audiovisual works (as defined in sec-
tion 675), criminal infringement of copyrights (as 
defined in section 676), unauthorized fixation of and 
trafficking in sound recordings and music videos of 
live musical performances (as defined in section 
678), or trafficking in goods or services bearing 
counterfeit marks (as defined in section 680): 
‘‘(A) The number of open investigations. 
‘‘(B) The number of cases referred by the 
United States Customs Service. 
‘‘(C) The number of cases referred by 
other agencies or sources. 
‘‘(D) The number and outcome, including 
settlements, sentences, recoveries, and penalties, 
of all prosecutions brought under sections 675, 
676, 678, and 680. 
‘‘(2)(A) The report under paragraph (1), with 
respect to criminal infringement of copyright, shall 
include the following: 
‘‘(i) The number of infringement cases in 
these categories: audiovisual (videos and films); 
audio (sound recordings); literary works (books 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00522
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
523 
and musical compositions); computer programs; 
video games; and, others. 
‘‘(ii) The number of online infringement 
cases. 
‘‘(iii) The number and dollar amounts of 
fines assessed in specific categories of dollar 
amounts. These categories shall be: no fines or-
dered; fines under $500; fines from $500 to 
$1,000; fines from $1,000 to $5,000; fines from 
$5,000 to $10,000; and fines over $10,000. 
‘‘(iv) The total amount of restitution or-
dered in all copyright infringement cases. 
‘‘(B) In this paragraph, the term ‘online in-
fringement cases’ as used in paragraph (2) means 
those cases where the infringer— 
‘‘(i) advertised or publicized the infringing 
work on the Internet; or 
‘‘(ii) made the infringing work available on 
the Internet for download, reproduction, per-
formance, or distribution by other persons. 
‘‘(C) The information required under subpara-
graph (A) shall be submitted in the report required 
in fiscal year 2005 and thereafter. 
‘‘(g) TRANSSHIPMENT
AND
EXPORTATION.—No 
goods or services, the trafficking in of which is prohibited 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00523
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
524 
by this section, shall be transshipped through or exported 
from the United States. Any such transshipment or expor-
tation shall be deemed a violation of section 42 of the Act 
entitled ‘An Act to provide for the registration and protec-
tion of trademarks used in commerce, to carry out the pro-
visions of certain international conventions, and for other 
purposes’, approved July 5, 1946 (commonly known as the 
‘Trademark Act of 1946’). 
‘‘§ 681. Trafficking in certain motor vehicles or motor 
vehicle parts 
‘‘(a) OFFENSE.—Whoever buys, receives, possesses, 
or obtains control of, with intent to sell or otherwise dis-
pose of, a motor vehicle or motor vehicle part, knowing 
that an identification number for such motor vehicle or 
part has been removed, obliterated, tampered with, or al-
tered, shall be imprisoned not more than ten years. 
‘‘(b) NONAPPLICABILITY.—Subsection (a) does not 
apply if the removal, obliteration, tampering, or alter-
ation— 
‘‘(1) is caused by collision or fire; or 
‘‘(2) is not a violation of section 717. 
‘‘(c) DEFINITIONS.—As used in this section, the 
terms ‘identification number’ and ‘motor vehicle’ have the 
meaning given those terms in section 717. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00524
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
525 
‘‘§ 682. Chop shops 
‘‘(a) IN GENERAL.— 
‘‘(1) UNLAWFUL ACTION.—Whoever knowingly 
owns, operates, maintains, or controls a chop shop 
or conducts operations in a chop shop shall be pun-
ished by imprisonment for not more than 15 years. 
If a conviction of a person under this paragraph is 
for a violation committed after the first conviction of 
such person under this paragraph, the maximum 
punishment shall be doubled with respect to any fine 
and imprisonment. 
‘‘(2) INJUNCTIONS.—The Attorney General 
shall, as appropriate, in the case of any person who 
violates paragraph (1), commence a civil action for 
permanent or temporary injunction to restrain such 
violation. 
‘‘(b) DEFINITION.—For purposes of this section, the 
term ‘chop shop’ means any building, lot, facility, or other 
structure or premise where one or more persons engage 
in receiving, concealing, destroying, disassembling, dis-
mantling, reassembling, or storing any passenger motor 
vehicle or passenger motor vehicle part which has been un-
lawfully obtained in order to alter, counterfeit, deface, de-
stroy, disguise, falsify, forge, obliterate, or remove the 
identity, including the vehicle identification number or de-
rivative thereof, of such vehicle or vehicle part and to dis-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00525
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
526 
tribute, sell, or dispose of such vehicle or vehicle part in 
interstate or foreign commerce. 
‘‘SUBCHAPTER C—COUNTERFEITING AND 
FORGERY 
‘‘Sec. 
‘‘691. Counterfeit Acts committed outside the United States. 
‘‘692. Obligations or securities of United States. 
‘‘693. Uttering counterfeit obligations or securities. 
‘‘694. Dealing in counterfeit obligations or securities. 
‘‘695. Plates, stones, or analog, digital, or electronic images for counterfeiting 
obligations or securities. 
‘‘696. Deterrents to counterfeiting of obligations and securities. 
‘‘697. Taking impressions of tools used for obligations or securities. 
‘‘698. Possessing or selling impressions of tools used for obligations or securi-
ties. 
‘‘699. Foreign obligations or securities. 
‘‘700. Uttering counterfeit foreign obligations or securities. 
‘‘701. Possessing counterfeit foreign obligations or securities. 
‘‘702. Plates, stones, or analog, digital, or electronic images for counterfeiting 
foreign obligations or securities. 
‘‘703. Uttering counterfeit foreign bank notes. 
‘‘704. Connecting parts of different notes. 
‘‘705. Tokens or paper used as money. 
‘‘706. Forfeiture of counterfeit paraphernalia. 
‘‘707. Bonds and obligations of certain lending agencies. 
‘‘708. Contracts, deeds, and powers of attorney. 
‘‘709. Military or naval discharge certificates. 
‘‘710. Military, naval, or official passes. 
‘‘711. Money orders. 
‘‘712. Postage stamps, postage meter stamps, and postal cards. 
‘‘713. Printing and filming of United States and foreign obligations and securi-
ties. 
‘‘714. Seals of courts; signatures of judges or Court officers. 
‘‘715. Seals of departments or agencies. 
‘‘716. Forging endorsements on Treasury checks or bonds or securities of the 
United States. 
‘‘717. Altering or removing motor vehicle identification numbers. 
‘‘718. Securities of the States and private entities. 
‘‘719. Fictitious obligations. 
‘‘§ 691. 
Counterfeit 
Acts 
committed 
outside 
the 
United States 
‘‘Whoever, outside the United States, engages in the 
act of— 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00526
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
527 
‘‘(1) making, dealing, or possessing any coun-
terfeit obligation or other security of the United 
States; or 
‘‘(2) making, dealing, or possessing any plate, 
stone, analog, digital, or electronic image, or other 
thing, or any part thereof, used to counterfeit such 
obligation or security, 
if such act would constitute a violation of section 692, 694, 
or 695 if committed within the United States, shall be 
punished as is provided for the like offense within the 
United States. 
‘‘§ 692. Obligations or securities of United States 
‘‘Whoever, with intent to defraud, falsely makes, 
forges, counterfeits, or alters any obligation or other secu-
rity of the United States, shall be imprisoned not more 
than 20 years. 
‘‘§ 693. Uttering counterfeit obligations or securities 
‘‘Whoever, with intent to defraud, passes, utters, pub-
lishes, or sells, or attempts to pass, utter, publish, or sell, 
or with like intent brings into the United States or keeps 
in possession or conceals any falsely made, forged, coun-
terfeited, or altered obligation or other security of the 
United States, shall be imprisoned not more than 20 
years. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00527
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
528 
‘‘§ 694. Dealing in counterfeit obligations or securi-
ties 
‘‘Whoever buys, sells, exchanges, transfers, receives, 
or delivers any false, forged, counterfeited, or altered obli-
gation or other security of the United States, with the in-
tent that the same be passed, published, or used as true 
and genuine, shall be imprisoned not more than 20 years. 
‘‘§ 695. Plates, stones, or analog, digital, or electronic 
images for counterfeiting obligations or 
securities 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) having control, custody, or possession of 
any plate, stone, or other thing, or any part thereof, 
from which has been printed, or which may be pre-
pared by direction of the Secretary of the Treasury 
for the purpose of printing, any obligation or other 
security of the United States, uses such plate, stone, 
or other thing, or any part thereof, or knowingly 
suffers the same to be used for the purpose of print-
ing any such or similar obligation or other security, 
or any part thereof, except as may be printed for the 
use of the United States by order of the proper offi-
cer thereof; 
‘‘(2) makes or executes any plate, stone, or 
other thing in the likeness of any plate designated 
for the printing of such obligation or other security; 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00528
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
529 
‘‘(3) with intent to defraud, makes, executes, 
acquires, scans, captures, records, receives, trans-
mits, reproduces, sells, or has in such person’s con-
trol, custody, or possession, an analog, digital, or 
electronic image of any obligation or other security 
of the United States; 
‘‘(4) sells any such plate, stone, or other thing, 
or brings into the United States any such plate, 
stone, or other thing, except under the direction of 
the Secretary of the Treasury or other proper offi-
cer, or with any other intent, in either case, than 
that such plate, stone, or other thing be used for the 
printing of the obligations or other securities of the 
United States; 
‘‘(5) has in his control, custody, or possession 
any plate, stone, or other thing in any manner made 
after or in the similitude of any plate, stone, or 
other thing, from which any such obligation or other 
security has been printed, with intent to use such 
plate, stone, or other thing, or to suffer the same to 
be used in forging or counterfeiting any such obliga-
tion or other security, or any part thereof; 
‘‘(6) has in his possession or custody, except 
under authority from the Secretary of the Treasury 
or other proper officer, any obligation or other secu-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00529
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
530 
rity made or executed, in whole or in part, after the 
similitude of any obligation or other security issued 
under the authority of the United States, with intent 
to sell or otherwise use the same; or 
‘‘(7) prints, photographs, or in any other man-
ner makes or executes any engraving, photograph, 
print, or impression in the likeness of any such obli-
gation or other security, or any part thereof, or sells 
any such engraving, photograph, print, or impres-
sion, except to the United States, or brings into the 
United States, any such engraving, photograph, 
print, or impression, except by direction of some 
proper officer of the United States; 
shall be imprisoned not more than 25 years. 
‘‘(b) DEFINITION.—For purposes of this section, the 
term ‘analog, digital, or electronic image’ includes any 
analog, digital, or electronic method used for the making, 
execution, acquisition, scanning, capturing, recording, re-
trieval, transmission, or reproduction of any obligation or 
security, unless such use is authorized by the Secretary 
of the Treasury. The Secretary shall establish a system 
(pursuant to section 713) to ensure that the legitimate 
use of such electronic methods and retention of such re-
productions by businesses, hobbyists, press and others 
shall not be unduly restricted. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00530
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
531 
‘‘§ 696. Deterrents to counterfeiting of obligations 
and securities 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) has in his control or possession, after a 
distinctive paper has been adopted by the Secretary 
of the Treasury for the obligations and other securi-
ties of the United States, any similar paper adapted 
to the making of any such obligation or other secu-
rity, except under the authority of the Secretary of 
the Treasury; or 
‘‘(2) has in his control or possession, after a 
distinctive counterfeit deterrent has been adopted by 
the Secretary of the Treasury for the obligations and 
other securities of the United States by publication 
in the Federal Register, any essentially identical fea-
ture or device adapted to the making of any such ob-
ligation or security, except under the authority of 
the Secretary of the Treasury; 
shall be imprisoned for not more than 25 years. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘distinctive paper’ includes any 
distinctive medium of which currency is made, 
whether of wood pulp, rag, plastic substrate, or 
other natural or artificial fibers or materials; and 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00531
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
532 
‘‘(2) the term ‘distinctive counterfeit deterrent’ 
includes any ink, watermark, seal, security thread, 
optically variable device, or other feature or device; 
‘‘(A) in which the United States has an ex-
clusive property interest; or 
‘‘(B) which is not otherwise in commercial 
use or in the public domain and which the Sec-
retary designates as being necessary in pre-
venting the counterfeiting of obligations or 
other securities of the United States. 
‘‘§ 697. Taking impressions of tools used for obliga-
tions or securities 
‘‘Whoever, without authority from the United States, 
takes, procures, or makes an impression, stamp, analog, 
digital, or electronic image, or imprint of, from or by the 
use of any tool, implement, instrument, or thing used or 
fitted or intended to be used in printing, stamping, or im-
pressing, or in making other tools, implements, instru-
ments, or things to be used or fitted or intended to be 
used in printing, stamping, or impressing any obligation 
or other security of the United States, shall be imprisoned 
not more than 25 years. 
‘‘§ 698. Possessing or selling impressions of tools used 
for obligations or securities 
‘‘Whoever— 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00532
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
533 
‘‘(1) with intent to defraud, possesses, keeps, 
safeguards, or controls, without authority from the 
United States, any imprint, stamp, analog, digital, 
or electronic image, or impression, taken or made 
upon any substance or material whatsoever, of any 
tool, implement, instrument or thing, used, fitted or 
intended to be used, for any of the purposes men-
tioned in section 697; or 
‘‘(2) with intent to defraud, sells, gives, or de-
livers any such imprint, stamp, analog, digital, or 
electronic image, or impression to any other person; 
shall be imprisoned not more than 25 years. 
‘‘§ 699. Foreign obligations or securities 
‘‘Whoever, within the United States, with intent to 
defraud, falsely makes, alters, forges, or counterfeits any 
bond, certificate, obligation, or other security of any for-
eign government, purporting to be or in imitation of any 
such security issued under the authority of such foreign 
government, or any treasury note, bill, or promise to pay, 
lawfully issued by such foreign government and intended 
to circulate as money, shall be imprisoned not more than 
20 years. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00533
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
534 
‘‘§ 700. Uttering counterfeit foreign obligations or se-
curities 
‘‘Whoever, within the United States, knowingly and 
with intent to defraud, utters, passes, or puts off, in pay-
ment or negotiation, any false, forged, or counterfeited 
bond, certificate, obligation, security, treasury note, bill, 
or promise to pay, mentioned in section 699, whether or 
not the same was made, altered, forged, or counterfeited 
within the United States, shall be imprisoned not more 
than 20 years. 
‘‘§ 701. Possessing counterfeit foreign obligations or 
securities 
‘‘Whoever, within the United States, knowingly and 
with intent to defraud, possesses or delivers any false, 
forged, or counterfeit bond, certificate, obligation, secu-
rity, treasury note, bill, promise to pay, bank note, or bill 
issued by a bank or corporation of any foreign country, 
shall be imprisoned not more than 20 years. 
‘‘§ 702. Plates, stones, or analog, digital, or electronic 
images for counterfeiting foreign obliga-
tions or securities 
‘‘Whoever— 
‘‘(1) within the United States except by lawful 
authority, controls, holds, or possesses any plate, 
stone, or other thing, or any part thereof, from 
which has been printed or may be printed any coun-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00534
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
535 
terfeit note, bond, obligation, or other security, in 
whole or in part, of any foreign government, bank, 
or corporation, or uses such plate, stone, or other 
thing, or knowingly permits or suffers the same to 
be used in counterfeiting such foreign obligations, or 
any part thereof; 
‘‘(2) except by lawful authority, makes or en-
graves any plate, stone, or other thing in the like-
ness or similitude of any plate, stone, or other thing 
designated for the printing of the genuine issues of 
the obligations of any foreign government, bank, or 
corporation; 
‘‘(3) with intent to defraud, makes, executes, 
acquires, scans, captures, records, receives, trans-
mits, reproduces, sells, or has in such person’s con-
trol, custody, or possession, an analog, digital, or 
electronic image of any bond, certificate, obligation, 
or other security of any foreign government, or of 
any treasury note, bill, or promise to pay, lawfully 
issued by such foreign government and intended to 
circulate as money; 
‘‘(4) except by lawful authority, prints, photo-
graphs, or makes, executes, or sells any engraving, 
photograph, print, or impression in the likeness of 
any genuine note, bond, obligation, or other security, 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00535
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
536 
or any part thereof, of any foreign government, 
bank, or corporation; or 
‘‘(5) brings into the United States any counter-
feit plate, stone, or other thing, engraving, photo-
graph, print, or other impressions of the notes, 
bonds, obligations, or other securities of any foreign 
government, bank, or corporation; 
shall be imprisoned not more than 25 years. 
‘‘§ 703. Uttering counterfeit foreign bank notes 
‘‘Whoever, within the United States, utters, passes, 
puts off, or tenders in payment, with intent to defraud, 
any such false, forged, altered, or counterfeited bank note 
or bill issued by a bank or corporation of any foreign coun-
try, and intended by the law or usage of such foreign coun-
try to circulate as money, knowing the same to be so false, 
forged, altered, and counterfeited, whether or not the 
same was made, forged, altered, or counterfeited within 
the United States, shall be imprisoned not more than 20 
years. 
‘‘§ 704. Connecting parts of different notes 
‘‘Whoever so places or connects together different 
parts of two or more notes, bills, or other genuine instru-
ments issued under the authority of the United States, 
or by any foreign government, or corporation, as to 
produce one instrument, with intent to defraud, shall be 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00536
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
537 
guilty of forgery in the same manner as if the parts so 
put together were falsely made or forged, and shall be im-
prisoned not more than 10 years. 
‘‘§ 705. Tokens or paper used as money 
‘‘Whoever— 
‘‘(1) being 18 years of age or over, not lawfully 
authorized, makes, issues, or passes any coin, card, 
token, or device in metal, or its compounds, intended 
to be used as money, or whoever, being 18 years of 
age or over, with intent to defraud, makes, utters, 
inserts, or uses any card, token, slug, disk, device, 
paper, or other thing similar in size and shape to 
any of the lawful coins or other currency of the 
United States or any coin or other currency not 
legal tender in the United States, to procure any-
thing of value, or the use or enjoyment of any prop-
erty or service from any automatic merchandise 
vending machine, postage-stamp machine, turnstile, 
fare box, coinbox telephone, parking meter or other 
lawful receptacle, depository, or contrivance designed 
to receive or to be operated by lawful coins or other 
currency of the United States; or 
‘‘(2) manufactures, sells, offers, or advertises 
for sale, or exposes or keeps with intent to furnish 
or sell any token, slug, disk, device, paper, or other 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00537
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
538 
thing similar in size and shape to any of the lawful 
coins or other currency of the United States, or any 
token, disk, paper, or other device issued or author-
ized in connection with rationing or food and fiber 
distribution by any agency of the United States, 
with knowledge or reason to believe that such to-
kens, slugs, disks, devices, papers, or other things 
are intended to be used unlawfully or fraudulently to 
procure anything of value, or the use or enjoyment 
of any property or service from any automatic mer-
chandise vending machine, postage-stamp machine, 
turnstile, fare box, coinbox telephone, parking meter, 
or other lawful receptacle, depository, or contrivance 
designed to receive or to be operated by lawful coins 
or other currency of the United States; 
shall be imprisoned not more than one year. 
‘‘§ 706. Forfeiture of counterfeit paraphernalia 
‘‘(a) FORFEITURE.—All counterfeits of any coins or 
obligations or other securities of the United States or of 
any foreign government, or any articles, devices, and other 
things made, possessed, or used in violation of this sub-
chapter or section 851 or 852, or any material or appa-
ratus used or fitted or intended to be used, in the making 
of such counterfeits, articles, devices or things, found in 
the possession of any person without authority from the 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00538
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
539 
Secretary of the Treasury or other proper officer, shall 
be forfeited to the United States. 
‘‘(b) OFFENSE.—Whoever, having the custody or con-
trol of any such counterfeits, material, apparatus, articles, 
devices, or other things, fails or refuses to surrender pos-
session thereof upon request by any authorized agent of 
the Treasury Department, or other proper officer, shall 
be imprisoned not more than one year. 
‘‘(c) PETITION TO SECRETARY OF THE TREASURY.— 
Whenever, except as hereinafter in this section provided, 
any person interested in any article, device, or other thing, 
or material or apparatus seized under this section files 
with the Secretary of the Treasury, before the disposition 
thereof, a petition for the remission or mitigation of such 
forfeiture, the Secretary of the Treasury, if he finds that 
such forfeiture was incurred without willful negligence or 
without any intention on the part of the petitioner to vio-
late the law, or finds the existence of such mitigating cir-
cumstances as to justify the remission or the mitigation 
of such forfeiture, may remit or mitigate the same upon 
such terms and conditions as he deems reasonable and 
just. 
‘‘(d) PETITION TO ATTORNEY GENERAL.—If the sei-
zure involves offenses other than offenses against the coin-
age, currency, obligations or securities of the United 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00539
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
540 
States or any foreign government, the petition for the re-
mission or mitigation of forfeiture shall be referred to the 
Attorney General, who may remit or mitigate the for-
feiture upon such terms as he deems reasonable and just. 
‘‘§ 707. Bonds and obligations of certain lending agen-
cies 
‘‘Whoever— 
‘‘(1) falsely makes, forges, counterfeits or alters 
any note, bond, debenture, coupon, obligation, in-
strument, or writing in imitation or purporting to be 
in imitation of, a note, bond, debenture, coupon, ob-
ligation, instrument or writing, issued by the Recon-
struction Finance Corporation, Federal Deposit In-
surance Corporation, National Credit Union Admin-
istration, Home Owners’ Loan Corporation, Farm 
Credit Administration, Department of Housing and 
Urban Development, or any land bank, intermediate 
credit bank, insured credit union, bank for coopera-
tives or any lending, mortgage, insurance, credit or 
savings and loan corporation or association author-
ized or acting under the laws of the United States; 
or 
‘‘(2) passes, utters, or publishes, or attempts to 
pass, utter or publish any note, bond, debenture, 
coupon, obligation, instrument or document knowing 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00540
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
541 
the same to have been falsely made, forged, counter-
feited or altered, contrary to this section; 
shall be imprisoned not more than 10 years. 
‘‘§ 708. Contracts, deeds, and powers of attorney 
‘‘Whoever— 
‘‘(1) falsely makes, alters, forges, or counter-
feits any deed, power of attorney, order, certificate, 
receipt, contract, or other writing, for the purpose of 
obtaining or receiving, or of enabling any other per-
son, either directly or indirectly, to obtain or receive 
from the United States or any officers or agents 
thereof, any sum of money; 
‘‘(2) utters or publishes as true any such false, 
forged, altered, or counterfeited writing, with intent 
to defraud the United States, knowing the same to 
be false, altered, forged, or counterfeited; or 
‘‘(3) transmits to, or presents at any office or 
officer of the United States, any such writing in sup-
port of, or in relation to, any account or claim, with 
intent to defraud the United States, knowing the 
same to be false, altered, forged, or counterfeited; 
shall be imprisoned not more than ten years. 
‘‘§ 709. Military or naval discharge certificates 
‘‘Whoever forges, counterfeits, or falsely alters any 
certificate of discharge from the military or naval service 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00541
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
542 
of the United States, or uses, unlawfully possesses or ex-
hibits any such certificate, knowing the same to be forged, 
counterfeited, or falsely altered, shall be imprisoned not 
more than one year. 
‘‘§ 710. Military, naval, or official passes 
‘‘Whoever falsely makes, forges, counterfeits, alters, 
or tampers with any naval, military, or official pass or per-
mit, issued by or under the authority of the United States, 
or with intent to defraud uses or possesses any such pass 
or permit, or personates or falsely represents himself to 
be or not to be a person to whom such pass or permit 
has been duly issued, or knowingly allows any other person 
to have or use any such pass or permit, issued for his 
use alone, shall be imprisoned not more than five years. 
‘‘§ 711. Money orders 
‘‘Whoever— 
‘‘(1) with intent to defraud, falsely makes, 
forges, counterfeits, engraves, or prints any order in 
imitation of or purporting to be a blank money order 
or a money order issued by or under the direction 
of the Post Office Department or Postal Service; 
‘‘(2) forges or counterfeits the signature or ini-
tials of any person authorized to issue money orders 
upon or to any money order, postal note, or blank 
therefor provided or issued by or under the direction 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00542
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
543 
of the Post Office Department or Postal Service, or 
post office department or corporation of any foreign 
country, and payable in the United States, or any 
material signature or indorsement thereon, or any 
material signature to any receipt or certificate of 
identification thereof; 
‘‘(3) falsely alters, in any material respect, any 
such money order or postal note; 
‘‘(4) with intent to defraud, passes, utters or 
publishes or attempts to pass, utter or publish any 
such forged or altered money order or postal note, 
knowing any material initials, signature, stamp im-
pression or indorsement thereon to be false, forged, 
or counterfeited, or any material alteration therein 
to have been falsely made; 
‘‘(5) issues any money order or postal note 
without having previously received or paid the full 
amount of money payable therefor, with the purpose 
of fraudulently obtaining or receiving, or fraudu-
lently enabling any other person, either directly or 
indirectly, to obtain or receive from the United 
States or Postal Service, or any officer, employee, or 
agent thereof, any sum of money whatever; 
‘‘(6) embezzles, steals, or knowingly converts to 
his own use or to the use of another, or without au-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00543
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
544 
thority converts or disposes of any blank money 
order form provided by or under the authority of the 
Post Office Department or Postal Service; 
‘‘(7) receives or possesses any such money order 
form with the intent to convert it to his own use or 
gain or use or gain of another knowing it to have 
been embezzled, stolen or converted; 
‘‘(8) with intent to defraud the United States, 
the Postal Service, or any person, transmits, pre-
sents, or causes to be transmitted or presented, any 
money order or postal note knowing the same— 
‘‘(A) to contain any forged or counterfeited 
signature, initials, or any stamped impression, 
‘‘(B) to contain any material alteration 
therein unlawfully made, 
‘‘(C) to have been unlawfully issued with-
out previous payment of the amount required to 
be paid upon such issue, or 
‘‘(D) to have been stamped without lawful 
authority; or 
‘‘(9) steals, or with intent to defraud or without 
being lawfully authorized by the Post Office Depart-
ment or Postal Service, receives, possesses, disposes 
of or attempts to dispose of any postal money order 
machine or any stamp, tool, or instrument specifi-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00544
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
545 
cally designed to be used in preparing or filling out 
the blanks on postal money order forms; 
shall be imprisoned not more than five years. 
‘‘§ 712. Postage stamps, postage meter stamps, and 
postal cards 
‘‘Whoever— 
‘‘(1) forges or counterfeits any postage stamp, 
postage meter stamp, or any stamp printed upon 
any stamped envelope, or postal card, or any die, 
plate, or engraving thereof; 
‘‘(2) makes or prints, or knowingly uses or 
sells, or possesses with intent to use or sell, any such 
forged or counterfeited postage stamp, postage 
meter stamp, stamped envelope, postal card, die, 
plate, or engraving; 
‘‘(3) makes, or knowingly uses or sells, or pos-
sesses with intent to use or sell, any paper bearing 
the watermark of any stamped envelope, or postal 
card, or any fraudulent imitation thereof; 
‘‘(4) makes or prints, or authorizes to be made 
or printed, any postage stamp, postage meter stamp, 
stamped envelope, or postal card, of the kind author-
ized and provided by the Post Office Department or 
by the Postal Service, without the special authority 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00545
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
546 
and direction of the Department or Postal Service; 
or 
‘‘(5) after such postage stamp, postage meter 
stamp, stamped envelope, or postal card has been 
printed, with intent to defraud, delivers the same to 
any person not authorized by an instrument in writ-
ing, duly executed under the hand of the Postmaster 
General and the seal of the Post Office Department 
or the Postal Service, to receive it; 
shall be imprisoned not more than five years. 
‘‘§ 713. Printing and filming of United States and for-
eign obligations and securities 
‘‘Notwithstanding any other provision of this sub-
chapter, the following are permitted: 
‘‘(1) The printing, publishing, or importation, 
or the making or importation of the necessary plates 
for such printing or publishing, of illustrations of— 
‘‘(A) postage stamps of the United States, 
‘‘(B) revenue stamps of the United States, 
‘‘(C) any other obligation or other security 
of the United States, and 
‘‘(D) postage stamps, revenue stamps, 
notes, bonds, and any other obligation or other 
security of any foreign government, bank, or 
corporation. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00546
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
547 
‘‘(2) Illustrations permitted by the foregoing 
provisions of this section shall be made in accord-
ance with the following conditions— 
‘‘(A) all illustrations shall be in black and 
white, except that illustrations of postage 
stamps issued by the United States or by any 
foreign government and stamps issued under 
the Migratory Bird Hunting Stamp Act of 1934 
may be in color; 
‘‘(B) all illustrations (including illustra-
tions of uncanceled postage stamps in color and 
illustrations of stamps issued under the Migra-
tory Bird Hunting Stamp Act of 1934 in color) 
shall be of a size less than three-fourths or 
more than one and one-half, in linear dimen-
sion, of each part of any matter so illustrated 
which is covered by subparagraph (A), (B), (C), 
or (D) of this paragraph, except that black and 
white illustrations of postage and revenue 
stamps issued by the United States or by any 
foreign government and colored illustrations of 
canceled postage stamps issued by the United 
States may be in the exact linear dimension in 
which the stamps were issued; and 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00547
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
548 
‘‘(C) the negatives and plates used in mak-
ing the illustrations shall be destroyed after 
their final use in accordance with this section. 
The Secretary of the Treasury shall prescribe 
regulations to permit color illustrations of such 
currency of the United States as the Secretary 
determines may be appropriate for such pur-
poses. 
‘‘(3) This section does not permit the reproduc-
tion of illustrations of obligations or other securities, 
by or through electronic methods used for the acqui-
sition, recording, retrieval, transmission, or repro-
duction of any obligation or other security, unless 
such use is authorized by the Secretary of the Treas-
ury. The Secretary shall establish a system to ensure 
that the legitimate use of such electronic methods 
and retention of such reproductions by businesses, 
hobbyists, press or others shall not be unduly re-
stricted. 
‘‘(4) The making or importation of motion-pic-
ture films, microfilms, or slides, for projection upon 
a screen or for use in telecasting, of postage and 
revenue stamps and other obligations and securities 
of the United States, and postage and revenue 
stamps, notes, bonds, and other obligations or secu-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00548
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
549 
rities of any foreign government, bank, or corpora-
tion. No prints or other reproductions shall be made 
from such films or slides, except for the purposes of 
paragraph (1), without the permission of the Sec-
retary of the Treasury. For the purposes of this sec-
tion the term ‘postage stamp’ includes postage meter 
stamps. 
‘‘§ 714. Seals of courts; signatures of judges or Court 
officers 
‘‘Whoever forges the signature of any judge, register, 
or other officer of any court of the United States, or of 
any Territory thereof, or forges or counterfeits the seal 
of any such court, or knowingly concurs in using any such 
forged or counterfeit signature or seal, for the purpose of 
authenticating any proceeding or document, or tenders in 
evidence any such proceeding or document with a false or 
counterfeit signature of any such judge, register, or other 
officer, or a false or counterfeit seal of the court, sub-
scribed or attached thereto, knowing such signature or 
seal to be false or counterfeit, shall be imprisoned not 
more than five years. 
‘‘§ 715. Seals of departments or agencies 
‘‘(a) OFFENSE.—Whoever— 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00549
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
550 
‘‘(1) falsely makes, forges, counterfeits, muti-
lates, or alters the seal of any department or agency 
of the United States, or any facsimile thereof; 
‘‘(2) knowingly uses, affixes, or impresses any 
such fraudulently made, forged, counterfeited, muti-
lated, or altered seal or facsimile thereof to or upon 
any certificate, instrument, commission, document, 
or paper of any description; or 
‘‘(3) with fraudulent intent, possesses, sells, of-
fers for sale, furnishes, offers to furnish, gives away, 
offers to give away, transports, offers to transport, 
imports, or offers to import any such seal or fac-
simile thereof, knowing the same to have been so 
falsely made, forged, counterfeited, mutilated, or al-
tered, 
shall be imprisoned not more than 5 years. 
‘‘(b) INCREASED PENALTY.—Notwithstanding sub-
section (a) or any other provision of law, if a forged, coun-
terfeited, mutilated, or altered seal of a department or 
agency of the United States, or any facsimile thereof, is— 
‘‘(1) so forged, counterfeited, mutilated, or al-
tered; 
‘‘(2) used, affixed, or impressed to or upon any 
certificate, instrument, commission, document, or 
paper of any description; or 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00550
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
551 
‘‘(3) with fraudulent intent, possessed, sold, of-
fered for sale, furnished, offered to furnish, given 
away, offered to give away, transported, offered to 
transport, imported, or offered to import, 
with the intent or effect of facilitating an alien’s applica-
tion for, or receipt of, a Federal benefit to which the alien 
is not entitled, the penalties which may be imposed for 
each offense under subsection (a) shall be two times the 
maximum fine, and 3 times the maximum term of impris-
onment, or both, that would otherwise be imposed for an 
offense under subsection (a). 
‘‘(c) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘Federal benefit’ means— 
‘‘(A) the issuance of any grant, contract, 
loan, professional license, or commercial license 
provided by any agency of the United States or 
by appropriated funds of the United States; and 
‘‘(B) any retirement, welfare, Social Secu-
rity, health (including treatment of an emer-
gency medical condition in accordance with sec-
tion 1903(v) of the Social Security Act), dis-
ability, veterans, public housing, education, sup-
plemental nutrition assistance program, or un-
employment benefit, or any similar benefit for 
which payments or assistance are provided by 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00551
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
552 
an agency of the United States or by appro-
priated funds of the United States; and 
‘‘(2) each instance of forgery, counterfeiting, 
mutilation, or alteration shall constitute a separate 
offense under this section. 
‘‘§ 716. Forging endorsements on Treasury checks or 
bonds or securities of the United States 
‘‘(a) IN GENERAL.—Whoever, with intent to de-
fraud— 
‘‘(1) falsely makes or forges any endorsement 
or signature on a Treasury check or bond or security 
of the United States; or 
‘‘(2) passes, utters, or publishes, or attempts to 
pass, utter, or publish, any Treasury check or bond 
or security of the United States bearing a falsely 
made or forged endorsement or signature; 
shall be imprisoned not more than ten years. 
‘‘(b) SALE EXCHANGE AND SIMILAR CONDUCT.— 
Whoever, with knowledge that such Treasury check or 
bond or security of the United States is stolen or bears 
a falsely made or forged endorsement or signature buys, 
sells, exchanges, receives, delivers, retains, or conceals any 
such Treasury check or bond or security of the United 
States shall be imprisoned not more than ten years. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00552
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
553 
‘‘(c) REDUCED PENALTY.—If the face value of the 
Treasury check or bond or security of the United States 
or the aggregate face value, if more than one Treasury 
check or bond or security of the United States, does not 
exceed $1,000, in any of the above-mentioned offenses, the 
penalty shall be imprisonment for not more than one year. 
‘‘§ 717. Altering or removing motor vehicle identifica-
tion numbers 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) knowingly removes, obliterates, tampers 
with, or alters an identification number for a motor 
vehicle or motor vehicle part; or 
‘‘(2) with intent to further the theft of a motor 
vehicle, knowingly removes, obliterates, tampers 
with, or alters a decal or device affixed to a motor 
vehicle pursuant to the Motor Vehicle Theft Preven-
tion Act, 
shall be imprisoned not more than 5 years. 
‘‘(b) EXCLUSION.— 
‘‘(1) GENERALLY.—Subsection (a) does not 
apply to a removal, obliteration, tampering, or alter-
ation by a person specified in paragraph (2) (unless 
such person knows that the vehicle or part involved 
is stolen). 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00553
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
554 
‘‘(2) PERSONS REFERRED TO IN PARAGRAPH 
(1).—The persons referred to in paragraph (1) of 
this subsection are— 
‘‘(A) a motor vehicle scrap processor or a 
motor vehicle demolisher who complies with ap-
plicable State law with respect to such vehicle 
or part; 
‘‘(B) a person who repairs such vehicle or 
part, if the removal, obliteration, tampering, or 
alteration is reasonably necessary for the re-
pair; 
‘‘(C) a person who restores or replaces an 
identification number for such vehicle or part in 
accordance with applicable State law; and 
‘‘(D) a person who removes, obliterates, 
tampers with, or alters a decal or device affixed 
to a motor vehicle pursuant to the Motor Vehi-
cle Theft Prevention Act, if that person is the 
owner of the motor vehicle, or is authorized to 
remove, obliterate, tamper with or alter the 
decal or device by— 
‘‘(i) the owner or his authorized 
agent; 
‘‘(ii) applicable State or local law; or 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00554
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
555 
‘‘(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; 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00555
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
556 
‘‘(B) who, from a fixed location, uses ma-
chinery to process metallic scrap into prepared 
grades; and 
‘‘(C) whose principal product is metallic 
scrap for recycling; 
but such term does not include any activity of any 
such person relating to the recycling of a motor vehi-
cle or a motor vehicle part as a used motor vehicle 
or a used motor vehicle part; and 
‘‘(5) the term ‘tampers with’ includes covering 
a program decal or device affixed to a motor vehicle 
pursuant to the Motor Vehicle Theft Prevention Act 
for the purpose of obstructing its visibility. 
‘‘§ 718. Securities of the States and private entities 
‘‘(a) COUNTERFEIT SECURITIES.—Whoever makes, 
utters or possesses a counterfeited security of a State or 
a political subdivision thereof or of an organization, or 
whoever makes, utters or possesses a forged security of 
a State or political subdivision thereof or of an organiza-
tion that operates in or affecting commerce, with intent 
to deceive another person shall be imprisoned for not more 
than ten years. 
‘‘(b) IMPLEMENTS.—Whoever makes, receives, pos-
sesses, sells or otherwise transfers an implement designed 
for or particularly suited for making a counterfeit or 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00556
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
557 
forged security with the intent that it be so used shall 
be punished by imprisonment for not more than ten years. 
‘‘(c) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘counterfeited’ means a document 
that purports to be genuine but is not, because it 
has been falsely made or manufactured in its en-
tirety; 
‘‘(2) the term ‘forged’ means a document that 
purports to be genuine but is not because it has 
been falsely altered, completed, signed, or endorsed, 
or contains a false addition thereto or insertion 
therein, or is a combination of parts of two or more 
genuine documents; and 
‘‘(3) the term ‘security’ means— 
‘‘(A) a note, stock certificate, treasury 
stock certificate, bond, treasury bond, deben-
ture, certificate of deposit, interest coupon, bill, 
check, draft, warrant, debit instrument as de-
fined in section 916(c) of the Electronic Fund 
Transfer Act, money order, traveler’s check, let-
ter of credit, warehouse receipt, negotiable bill 
of lading, evidence of indebtedness, certificate 
of interest in or participation in any profit-shar-
ing agreement, collateral-trust certificate, pre- 
reorganization certificate of subscription, trans-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00557
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
558 
ferable share, investment contract, voting trust 
certificate, or certificate of interest in tangible 
or intangible property; 
‘‘(B) an instrument evidencing ownership 
of goods, wares, or merchandise; 
‘‘(C) any other written instrument com-
monly known as a security; 
‘‘(D) a certificate of interest in, certificate 
of participation in, certificate for, receipt for, or 
warrant or option or other right to subscribe to 
or purchase, any of the foregoing; or 
‘‘(E) a blank form of any of the foregoing. 
‘‘§ 719. Fictitious obligations 
‘‘(a) OFFENSE.—Whoever, with the intent to de-
fraud— 
‘‘(1) draws, prints, processes, produces, pub-
lishes, or otherwise makes, or attempts or causes the 
same, within the United States; 
‘‘(2) passes, utters, presents, offers, brokers, 
issues, sells, or attempts or causes the same, or with 
like intent possesses, within the United States; or 
‘‘(3) utilizes interstate or foreign commerce, in-
cluding the use of the mails or wire, radio, or other 
electronic communication, to transmit, transport, 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00558
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
559 
ship, move, transfer, or attempts or causes the same, 
to, from, or through the United States, 
any false or fictitious instrument, document, or other item 
appearing, representing, purporting, or contriving through 
scheme or artifice, to be an actual security or other finan-
cial instrument issued under the authority of the United 
States, a foreign government, a State or other political 
subdivision of the United States, or an organization, shall 
be imprisoned for not more than 25 years. 
‘‘(b) DEFINITIONS.—For purposes of this section, 
any term used in this section that is defined in section 
717(c) has the same meaning given such term in section 
717(c). 
‘‘(c) AUTHORITY OF THE UNITED STATES SECRET 
SERVICE.—The United States Secret Service, in addition 
to any other agency having such authority, shall have au-
thority to investigate offenses under this section. 
‘‘CHAPTER 25—FRAUD AND FALSE 
STATEMENT CRIMES 
‘‘Subchapter 
‘‘A. Fraud and false statements 
‘‘B. Mail fraud 
‘‘SUBCHAPTER 
A—FRAUD 
AND 
FALSE 
STATEMENTS 
‘‘Sec. 
‘‘771. Definitions. 
‘‘772. Statements or entries generally. 
‘‘773. Bank entries, reports and transactions. 
‘‘774. Federal credit institution entries, reports, and transactions. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00559
Fmt 6652
Sfmt 6211
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
560 
‘‘775. Federal Deposit Insurance Corporation transactions. 
‘‘776. Department of Housing and Urban Development and Federal Housing 
Administration transactions. 
‘‘777. Department of Housing and Urban Development transactions. 
‘‘778. Farm loan bonds and credit bank debentures. 
‘‘779. Loan and credit applications generally; renewals and discounts; crop in-
surance. 
‘‘780. Naturalization, citizenship, or alien registry. 
‘‘781. Highway projects. 
‘‘782. False statements and concealment of facts in relation to documents re-
quired by the Employee Retirement Income Security Act of 
1974. 
‘‘783. Fraud and related activity in connection with identification documents, 
authentication features, and information. 
‘‘784. Aggravated identity theft. 
‘‘785. Fraudulent use of credit card. 
‘‘786. Fraud and related activity in connection with access devices. 
‘‘787. Fraud and related activity in connection with computers. 
‘‘788. Major fraud against the United States. 
‘‘789. Concealment of assets from conservator, receiver, or liquidating agent. 
‘‘790. Crimes by or affecting persons engaged in the business of insurance 
whose activities affect interstate commerce. 
‘‘791. Civil penalties and injunctions for violations of Section 790. 
‘‘792. False statements relating to health care matters. 
‘‘793. Entry by false pretenses to any real property, vessel, or aircraft of the 
United States or secure area of any airport or seaport. 
‘‘794. Fraud and related activity in connection with electronic mail. 
‘‘795. False information and hoaxes. 
‘‘796. Fraud and related activity in connection with obtaining confidential 
phone records information of a covered entity. 
‘‘§ 771. Definitions 
‘‘As used in this subchapter— 
‘‘(1) the term ‘member bank’ means any na-
tional bank, state bank, or bank or trust company, 
which has become a member of one of the Federal 
Reserve banks; 
‘‘(2) the term ‘insured bank’ includes any state 
bank, banking association, trust company, savings 
bank, or other banking institution, the deposits of 
which are insured by the Federal Deposit Insurance 
Corporation; 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00560
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
561 
‘‘(3) the term ‘branch or agency of a foreign 
bank’ means a branch or agency described in para-
graph (E) of the definition of financial institution in 
section 1; and 
‘‘(4) the term ‘depository institution holding 
company’ has the meaning given such term in sec-
tion 3(w)(1) of the Federal Deposit Insurance Act. 
‘‘§ 772. Statements or entries generally 
‘‘(a) OFFENSE.—Except as otherwise provided in this 
section, whoever, in any matter within the jurisdiction of 
the executive, legislative, or judicial branch of the Govern-
ment of the United States, knowingly— 
‘‘(1) falsifies, conceals, or covers up by any 
trick, scheme, or device a material fact; 
‘‘(2) makes any materially false, fictitious, or 
fraudulent statement or representation; or 
‘‘(3) makes or uses any false writing or docu-
ment knowing the same to contain any materially 
false, fictitious, or fraudulent statement or entry; 
shall be imprisoned not more than 5 years or, if the of-
fense involves international or domestic terrorism (as de-
fined in section 283), imprisoned not more than 8 years. 
If the matter relates to an offense under chapter 13 or 
section 1265, then the term of imprisonment imposed 
under this section shall be not more than 8 years. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00561
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
562 
‘‘(b) EXCLUSION.—Subsection (a) does not apply to 
a party to a judicial proceeding, or that party’s counsel, 
for statements, representations, writings or documents 
submitted by such party or counsel to a judge or mag-
istrate in that proceeding. 
‘‘(c) APPLICATION TO MATTERS WITHIN THE JURIS-
DICTION OF THE LEGISLATIVE BRANCH.—With respect to 
any matter within the jurisdiction of the legislative 
branch, subsection (a) applies only to— 
‘‘(1) administrative matters, including a claim 
for payment, a matter related to the procurement of 
property or services, personnel or employment prac-
tices, or support services, or a document required by 
law, rule, or regulation to be submitted to the Con-
gress or any office or officer within the legislative 
branch; or 
‘‘(2) any investigation or review, conducted pur-
suant to the authority of any committee, sub-
committee, commission or office of the Congress, 
consistent with applicable rules of the House or Sen-
ate. 
‘‘§ 773. Bank entries, reports and transactions 
‘‘Whoever— 
‘‘(1) being an officer, director, agent or em-
ployee of any Federal Reserve bank, member bank, 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00562
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
563 
depository institution holding company, national 
bank, insured bank, branch or agency of a foreign 
bank, or organization operating under section 25 or 
section 25A of the Federal Reserve Act, without au-
thority from the directors of such bank, branch, 
agency, or organization or company, issues or puts 
in circulation any notes of such bank, branch, agen-
cy, or organization or company; 
‘‘(2) without such authority, makes, draws, 
issues, puts forth, or assigns any certificate of de-
posit, draft, order, bill of exchange, acceptance, note, 
debenture, bond, or other obligation, or mortgage, 
judgment or decree; 
‘‘(3) makes any false entry in any book, report, 
or statement of such bank, company, branch, agen-
cy, or organization with intent to injure or defraud 
such bank, company, branch, agency, or organiza-
tion, or any other company, body politic or cor-
porate, or any individual person, or to deceive any 
officer of such bank, company, branch, agency, or 
organization, or the Comptroller of the Currency, or 
the Federal Deposit Insurance Corporation, or any 
agent or examiner appointed to examine the affairs 
of such bank, company, branch, agency, or organiza-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00563
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
564 
tion, or the Board of Governors of the Federal Re-
serve System; or 
‘‘(4) with intent to defraud the United States 
or any agency thereof, or any financial institution 
referred to in this section, participates or shares in 
or receives (directly or indirectly) any money, profit, 
property, or benefits through any transaction, loan, 
commission, contract, or any other act of any such 
financial institution; 
shall be imprisoned not more than 30 years. 
‘‘§ 774. Federal credit institution entries, reports, and 
transactions 
‘‘Whoever, being an officer, agent or employee of or 
connected in any capacity with the Federal Deposit Insur-
ance Corporation, National Credit Union Administration, 
any Federal home loan bank, the Federal Housing Fi-
nance Agency, Farm Credit Administration, Department 
of Housing and Urban Development, Federal Crop Insur-
ance Corporation, the Secretary of Agriculture acting 
through the Farmers Home Administration or successor 
agency, the Rural Development Administration or suc-
cessor agency, or the Farm Credit System Insurance Cor-
poration, a Farm Credit Bank, a bank for cooperatives 
or any lending, mortgage, insurance, credit or savings and 
loan corporation or association authorized or acting under 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00564
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
565 
the laws of the United States or any institution, other 
than an insured bank, the accounts of which are insured 
by the Federal Deposit Insurance Corporation, or by the 
National Credit Union Administration Board or any small 
business investment company, with intent to defraud any 
such institution or any other company, body politic or cor-
porate, or any individual, or to deceive any officer, auditor, 
examiner or agent of any such institution or of department 
or agency of the United States, makes any false entry in 
any book, report or statement of or to any such institu-
tion, or without being duly authorized, draws any order 
or bill of exchange, makes any acceptance, or issues, puts 
forth or assigns any note, debenture, bond or other obliga-
tion, or draft, bill of exchange, mortgage, judgment, or 
decree, or, with intent to defraud the United States or 
any agency thereof, or any corporation, institution, or as-
sociation referred to in this section, participates or shares 
in or receives directly or indirectly any money, profit, 
property, or benefits through any transaction, loan, com-
mission, contract, or any other act of any such corpora-
tion, institution, or association, shall be imprisoned not 
more than 30 years. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00565
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
566 
‘‘§ 775. Federal Deposit Insurance Corporation trans-
actions 
‘‘Whoever, for the purpose of influencing in any way 
the action of the Federal Deposit Insurance Corporation, 
knowingly makes or invites reliance on a false, forged, or 
counterfeit statement, document, or thing shall be impris-
oned not more than 30 years. 
‘‘§ 776. Department of Housing and Urban Develop-
ment and Federal Housing Administra-
tion transactions 
‘‘Whoever, for the purpose of obtaining any loan or 
advance of credit from any person, partnership, associa-
tion, or corporation with the intent that such loan or ad-
vance of credit shall be offered to or accepted by the De-
partment of Housing and Urban Development for insur-
ance, or for the purpose of obtaining any extension or re-
newal of any loan, advance of credit, or mortgage insured 
by such Department, or the acceptance, release, or substi-
tution of any security on such a loan, advance of credit, 
or for the purpose of influencing in any way the action 
of such Department, makes, passes, utters, or publishes 
any statement, knowing the same to be false, or alters, 
forges, or counterfeits any instrument, paper, or docu-
ment, or utters, publishes, or passes as true any instru-
ment, paper, or document, knowing it to have been altered, 
forged, or counterfeited, or knowingly overvalues any secu-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00566
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
567 
rity, asset, or income, shall be imprisoned not more than 
two years. 
‘‘§ 777. Department of Housing and Urban Develop-
ment transactions 
‘‘Whoever— 
‘‘(1) with intent to defraud, makes any false 
entry in any book of the Department of Housing 
and Urban Development or makes any false report 
or statement to or for such Department; 
‘‘(2) receives any compensation, rebate, or re-
ward, with intent to defraud such Department or 
with intent unlawfully to defeat its purposes; or 
‘‘(3) induces or influences such Department to 
purchase or acquire any property or to enter into 
any contract and knowingly fails to disclose any in-
terest which that person has in such property or in 
the property to which such contract relates, or any 
special benefit which he expects to receive as a result 
of such contract; 
shall be imprisoned not more than one year. 
‘‘§ 778. Farm loan bonds and credit bank debentures 
‘‘Whoever deceives, defrauds, or imposes upon, or at-
tempts to deceive, defraud, or impose upon any person, 
partnership, corporation, or association by making any 
false pretense or representation concerning the character, 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00567
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
568 
issue, security, contents, conditions, or terms of any farm 
loan bond, or coupon, issued by any Federal land bank 
or banks; or of any debenture, coupon, or other obligation, 
issued by any Federal intermediate credit bank or banks; 
or by falsely pretending or representing that any farm loan 
bond, or coupon, is anything other than, or different from, 
what it purports to be on the face of said bond or coupon, 
shall be imprisoned not more than one year. 
‘‘§ 779. Loan and credit applications generally; renew-
als and discounts; crop insurance 
‘‘Whoever knowingly makes any false statement or 
report, or knowingly overvalues any land, property or secu-
rity, for the purpose of influencing in any way the action 
of the Federal Housing Administration the Farm Credit 
Administration, Federal Crop Insurance Corporation or a 
company the Corporation reinsures, the Secretary of Agri-
culture acting through the Farmers Home Administration 
or successor agency, the Rural Development Administra-
tion or successor agency, any Farm Credit Bank, produc-
tion credit association, agricultural credit association, 
bank for cooperatives, or any division, officer, or employee 
thereof, or of any regional agricultural credit corporation 
established pursuant to law, or a Federal land bank, a 
Federal land bank association, a Federal Reserve bank, 
a small business investment company, as defined in section 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00568
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
569 
103 of the Small Business Investment Act of 1958, or the 
Small Business Administration in connection with any 
provision of that Act, a Federal credit union, an insured 
State-chartered credit union, any institution the accounts 
of which are insured by the Federal Deposit Insurance 
Corporation, any Federal home loan bank, the Federal 
Housing Finance Agency, the Federal Deposit Insurance 
Corporation, the Farm Credit System Insurance Corpora-
tion, or the National Credit Union Administration Board, 
a branch or agency of a foreign bank (as such terms are 
defined in paragraphs (1) and (3) of section 1(b) of the 
International Banking Act of 1978), an organization oper-
ating under section 25 or section 25A of the Federal Re-
serve Act, or a mortgage lending business, or any person 
or entity that makes in whole or in part a federally related 
mortgage loan as defined in section 3 of the Real Estate 
Settlement Procedures Act of 1974, upon any application, 
advance, discount, purchase, purchase agreement, repur-
chase agreement, commitment, loan, or insurance agree-
ment or application for insurance or a guarantee, or any 
change or extension of any of the same, by renewal, 
deferment of action or otherwise, or the acceptance, re-
lease, or substitution of security therefor, shall be impris-
oned not more than 30 years. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00569
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
570 
‘‘§ 780. Naturalization, citizenship, or alien registry 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) knowingly makes any false statement 
under oath, in any case, proceeding, or matter relat-
ing to, or under, or by virtue of any law of the 
United States relating to naturalization, citizenship, 
or registry of aliens; 
‘‘(2) knowingly, with intent to avoid any duty 
or liability imposed or required by law, denies that 
he has been naturalized or admitted to be a citizen, 
after having been so naturalized or admitted; 
‘‘(3) uses or attempts to use any certificate of 
arrival, declaration of intention, certificate of natu-
ralization, certificate of citizenship or other docu-
mentary evidence of naturalization or of citizenship, 
or any duplicate or copy thereof, knowing the same 
to have been procured by fraud or false evidence or 
without required appearance or hearing of the appli-
cant in court or otherwise unlawfully obtained; 
‘‘(4) knowingly makes any false certificate, ac-
knowledgment or statement concerning the appear-
ance before him or the taking of an oath or affirma-
tion or the signature, attestation or execution by any 
person with respect to any application, declaration, 
petition, affidavit, deposition, certificate of natu-
ralization, certificate of citizenship or other paper or 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00570
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
571 
writing required or authorized by the laws relating 
to immigration, naturalization, citizenship, or reg-
istry of aliens; 
‘‘(5) knowingly makes any false statement or 
claim that he is, or at any time has been, a citizen 
or national of the United States, with the intent to 
obtain on behalf of himself, or any other person, any 
Federal or State benefit or service, or to engage un-
lawfully in employment in the United States; or 
‘‘(6) knowingly makes any false statement or 
claim that he is a citizen of the United States in 
order to register to vote or to vote in any Federal, 
State, or local election (including an initiative, recall, 
or referendum); 
shall be imprisoned not more than five years. 
‘‘(b) EXCLUSION.—Subsection (a)(6) does not apply 
to an alien if each natural parent of the alien (or, in the 
case of an adopted alien, each adoptive parent of the alien) 
is or was a citizen (whether by birth or naturalization), 
the alien permanently resided in the United States prior 
to attaining the age of 16, and the alien reasonably be-
lieved at the time of making the false statement or claim 
that he or she was a citizen of the United States. 
‘‘§ 781. Highway projects 
‘‘Whoever— 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00571
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
572 
‘‘(1) knowingly makes any false statement, false 
representation, or false report as to the character, 
quality, quantity, or cost of the material used or to 
be used, or the quantity or quality of the work per-
formed or to be performed, or the costs thereof in 
connection with the submission of plans, maps, spec-
ifications, contracts, or costs of construction of any 
highway or related project submitted for approval to 
the Secretary of Transportation; 
‘‘(2) knowingly makes any false statement, false 
representation, false report, or false claim with re-
spect to the character, quality, quantity, or cost of 
any work performed or to be performed, or materials 
furnished or to be furnished, in connection with the 
construction of any highway or related project ap-
proved by the Secretary of Transportation; or 
‘‘(3) knowingly makes any false statement or 
false representation as to a material fact in any 
statement, certificate, or report submitted pursuant 
to the Federal-Aid Road Act approved July 11, 1916 
(39 Stat. 355), as amended and supplemented; 
shall be imprisoned not more than five years. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00572
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
573 
‘‘§ 782. False statements and concealment of facts in 
relation to documents required by the 
Employee Retirement Income Security 
Act of 1974 
‘‘Whoever, in any document required by title I of the 
Employee Retirement Income Security Act of 1974 to be 
published, or kept as part of the records of any employee 
welfare benefit plan or employee pension benefit plan, or 
certified to the administrator of any such plan, makes any 
false statement or representation of fact, knowing it to 
be false, or knowingly conceals, covers up, or fails to dis-
close any fact the disclosure of which is required by such 
title or is necessary to verify, explain, clarify or check for 
accuracy and completeness any report required by such 
title to be published or any information required by such 
title to be certified, shall be imprisoned not more than five 
years. 
‘‘§ 783. Fraud and related activity in connection with 
identification documents, authentication 
features, and information 
‘‘(a) OFFENSE.—Whoever, as made applicable by 
subsection (c)— 
‘‘(1) knowingly and without lawful authority 
produces an identification document, authentication 
feature, or a false identification document; 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00573
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
575 
ture of the United States or a sponsoring entity of 
an event designated as a special event of national 
significance which is stolen or produced without law-
ful authority knowing that such document or feature 
was stolen or produced without such authority; 
‘‘(7) knowingly transfers, possesses, or uses, 
without lawful authority, a means of identification of 
another person with the intent to commit, or to aid 
or abet, or in connection with, any unlawful activity 
that constitutes a violation of Federal law, or that 
constitutes a felony under any applicable State or 
local law; or 
‘‘(8) knowingly traffics in false or actual au-
thentication features for use in false identification 
documents, document-making implements, or means 
of identification; 
shall be punished as provided in subsection (b). 
‘‘(b) PUNISHMENT.—The punishment for an offense 
under subsection (a) of this section is— 
‘‘(1) except as provided in paragraphs (3) and 
(4), a fine under this title or imprisonment for not 
more than 15 years, or both, if the offense is— 
‘‘(A) the production or transfer of an iden-
tification document, authentication feature, or 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00575
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS