353 
member or its agent, for payment, 1 or more evidences or 
records of transactions made by an access device; 
shall, if the offense affects interstate or foreign commerce, be 
punished as provided in subsection (c) of this section. 
‘‘(b) PENALTIES.—The punishment for an offense under 
subsection (a) is— 
‘‘(1) in the case of an offense that does not occur after 
a conviction for another offense under this section— 
‘‘(A) if the offense is under paragraph (1), (2), (3), 
(6), (7), or (10) of subsection (a), a fine under this 
title or imprisonment for not more than 10 years, or 
both; and 
‘‘(B) if the offense is under paragraph (4), (5), (8), 
or (9) of subsection (a), a fine under this title or im-
prisonment for not more than 15 years, or both; and 
‘‘(2) in the case of an offense that occurs after a convic-
tion for another offense under this section, a fine under 
this title or imprisonment for not more than 20 years, or 
both. 
‘‘(c) 
EXTRATERRITORIAL
JURISDICATION.—There 
is 
extraterritorial jurisdiction over an offense under this sub-
section if— 
‘‘(1) the offense involves an access device issued, owned, 
managed, or controlled by a financial institution, account 
issuer, credit card system member, or other entity within 
the jurisdiction of the United States; and 
‘‘(2) the person transports, delivers, conveys, transfers to 
or through, or otherwise stores, secrets, or holds within the 
jurisdiction of the United States, any article used to assist 
in the commission of the offense or the proceeds of such 
offense or property derived therefrom. 
‘‘(d) AUTHORITY OF UNITED STATES SECRET SERVICE.— 
The United States Secret Service shall, in addition to any other 
agency having such authority, have the authority to investigate 
offenses under this section. Such authority of the United States 
Secret Service shall be exercised in accordance with an agree-
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354 
ment which shall be entered into by the Secretary of the Treas-
ury and the Attorney General. 
‘‘(e) OFFICIAL DUTY EXCLUSION.—This section does not 
prohibit any lawfully authorized investigative, protective, or in-
telligence activity of a law enforcement agency of the United 
States, a State, or a political subdivision of a State, or of an 
intelligence agency of the United States, or any activity author-
ized under chapter 224 of this title. 
‘‘(f) BUSSINESS EXCLUSION.—It is not a violation of sub-
section (a)(9) for an officer, employee, or agent of, or a person 
engaged in business with, a facilities-based carrier, to engage 
in conduct (other than trafficking) otherwise prohibited by that 
subsection for the purpose of protecting the property or legal 
rights of that carrier, unless such conduct is for the purpose 
of obtaining telecommunications service provided by another fa-
cilities-based carrier without the authorization of such carrier. 
‘‘(g) AFFIRMATIVE DEFENSE.—In a prosecution for a viola-
tion of subsection (a)(9), (other than a violation consisting of 
producing or trafficking) it is an affirmative defense that the 
conduct charged was engaged in for research or development in 
connection with a lawful purpose. 
‘‘(h) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘access device’ means any card, plate, code, 
account number, electronic serial number, mobile identifica-
tion number, personal identification number, or other tele-
communications service, equipment, or instrument identi-
fier, or other means of account access that can be used, 
alone or in conjunction with another access device, to ob-
tain money, goods, services, or any other thing of value, or 
that can be used to initiate a transfer of funds (other than 
a transfer originated solely by paper instrument); 
‘‘(2) the term ‘counterfeit access device’ means any ac-
cess device that is counterfeit, fictitious, altered, or forged, 
or an identifiable component of an access device or a coun-
terfeit access device; 
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355 
‘‘(3) the term ‘unauthorized access device’ means any ac-
cess device that is lost, stolen, expired, revoked, canceled, 
or obtained with intent to defraud; 
‘‘(4) the term ‘produce’ includes design, alter, authen-
ticate, duplicate, or assemble; 
‘‘(5) the term ‘traffic’ means transfer, or otherwise dis-
pose of, to another, or obtain control of with intent to 
transfer or dispose of; 
‘‘(6) the term ‘device-making equipment’ means any 
equipment, mechanism, or impression designed or primarily 
used for making an access device or a counterfeit access de-
vice; 
‘‘(7) the term ‘credit card system member’ means a fi-
nancial institution or other entity that is a member of a 
credit card system, including an entity, whether affiliated 
with or identical to the credit card issuer, that is the sole 
member of a credit card system; 
‘‘(8) the term ‘scanning receiver’ means a device or ap-
paratus that can be used to intercept a wire or electronic 
communication in violation of chapter 119 or to intercept 
an electronic serial number, mobile identification number, 
or other identifier of any telecommunications service, equip-
ment, or instrument; 
‘‘(9) the term ‘telecommunications service’ has the mean-
ing given such term in section 3 of title I of the Commu-
nications Act of 1934 (47 U.S.C. 153); 
‘‘(10) the term ‘facilities-based carrier’ means an entity 
that owns communications transmission facilities, is respon-
sible for the operation and maintenance of those facilities, 
and holds an operating license issued by the Federal Com-
munications Commission under the authority of title III of 
the Communications Act of 1934; and 
‘‘(11) the term ‘telecommunication identifying informa-
tion’ means electronic serial number or any other number 
or signal that identifies a specific telecommunications in-
strument or account, or a specific communication trans-
mitted from a telecommunications instrument. 
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356 
‘‘§ 787. Fraud and related activity in connection 
with computers 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) having knowingly accessed a computer without au-
thorization or exceeding authorized access, and by means of 
such conduct having obtained information that has been de-
termined by the United States Government pursuant to an 
Executive order or statute to require protection against un-
authorized disclosure for reasons of national defense or for-
eign relations, or any restricted data, as defined in para-
graph y. of section 11 of the Atomic Energy Act of 1954, 
with reason to believe that such information so obtained 
could be used to the injury of the United States, or to the 
advantage of any foreign nation knowingly communicates, 
delivers, transmits, or causes to be communicated, deliv-
ered, or transmitted, or attempts to communicate, deliver, 
transmit or cause to be communicated, delivered, or trans-
mitted the same to any person not entitled to receive it, or 
knowingly retains the same and fails to deliver it to the of-
ficer or employee of the United States entitled to receive 
it; 
‘‘(2) intentionally accesses a computer without authoriza-
tion or exceeds authorized access, and thereby obtains— 
‘‘(A) information contained in a financial record of 
a financial institution, or of a card issuer as defined in 
section 1602(n) of title 15, or contained in a file of a 
consumer reporting agency on a consumer, as such 
terms are defined in the Fair Credit Reporting Act (15 
U.S.C. 1681 et seq.); 
‘‘(B) information from any department or agency of 
the United States; or 
‘‘(C) information from any protected computer; 
‘‘(3) intentionally, without authorization to access any 
nonpublic computer of a department or agency of the 
United States, accesses such a computer of that depart-
ment or agency that is exclusively for the use of the Gov-
ernment of the United States or, in the case of a computer 
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357 
not exclusively for such use, is used by or for the Govern-
ment of the United States and such conduct affects that 
use by or for the Government of the United States; 
‘‘(4) knowingly and with intent to defraud, accesses a 
protected computer without authorization, or exceeds au-
thorized access, and by means of such conduct furthers the 
intended fraud and obtains anything of value, unless the 
object of the fraud and the thing obtained consists only of 
the use of the computer and the value of such use is not 
more than $5,000 in any 1-year period; 
‘‘(5)(A) knowingly causes the transmission of a program, 
information, code, or command, and as a result of such 
conduct, intentionally causes damage without authorization, 
to a protected computer; 
‘‘(B) intentionally accesses a protected computer without 
authorization, and as a result of such conduct, recklessly 
causes damage; or 
‘‘(C) intentionally accesses a protected computer without 
authorization, and as a result of such conduct, causes dam-
age and loss; 
‘‘(6) knowingly and with intent to defraud traffics (as 
defined in section 1029) in any password or similar infor-
mation through which a computer may be accessed without 
authorization, if— 
‘‘(A) such trafficking affects interstate or foreign 
commerce; or 
‘‘(B) such computer is used by or for the Govern-
ment of the United States; or 
‘‘(7) with intent to extort from any person any money or 
other thing of value, transmits in interstate or foreign com-
merce any communication containing any— 
‘‘(A) threat to cause damage to a protected com-
puter; 
‘‘(B) threat to obtain information from a protected 
computer without authorization or in excess of author-
ization or to impair the confidentiality of information 
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358 
obtained from a protected computer without authoriza-
tion or by exceeding authorized access; or 
‘‘(C) demand or request for money or other thing of 
value in relation to damage to a protected computer, 
where such damage was caused to facilitate the extor-
tion; 
shall be punished as provided in subsection (c) of this section. 
‘‘(b) PUNISHMENT.—The punishment for an offense under 
subsection (a) or (b) of this section is— 
‘‘(1)(A) a fine under this title or imprisonment for not 
more than ten years, or both, in the case of an offense 
under subsection (a)(1) of this section which does not occur 
after a conviction for another offense under this section, or 
an attempt to commit an offense punishable under this 
subparagraph; and 
‘‘(B) a fine under this title or imprisonment for not more 
than twenty years, or both, in the case of an offense under 
subsection (a)(1) of this section which occurs after a con-
viction for another offense under this section, or an at-
tempt to commit an offense punishable under this subpara-
graph; 
‘‘(2)(A) except as provided in subparagraph (B), a fine 
under this title or imprisonment for not more than one 
year, or both, in the case of an offense under subsection 
(a)(2), (a)(3), (a)(5)(A)(iii), or (a)(6) of this section which 
does not occur after a conviction for another offense under 
this section, or an attempt to commit an offense punishable 
under this subparagraph; 
‘‘(B) a fine under this title or imprisonment for not more 
than 5 years, or both, in the case of an offense under sub-
section (a)(2) or an attempt to commit an offense punish-
able under this subparagraph, if— 
‘‘(i) the offense was committed for purposes of com-
mercial advantage or private financial gain; 
‘‘(ii) the offense was committed in furtherance of any 
criminal or tortious act in violation of the Constitution 
or laws of the United States or of any State; or 
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‘‘(iii) the value of the information obtained exceeds 
$5,000; and 
‘‘(C) a fine under this title or imprisonment for not more 
than ten years, or both, in the case of an offense under 
subsection (a)(2), (a)(3) or (a)(6) of this section which oc-
curs after a conviction for another offense under such sub-
section, or an attempt to commit an offense punishable 
under this subparagraph; 
‘‘(3)(A) a fine under this title or imprisonment for not 
more than five years, or both, in the case of an offense 
under subsection (a)(4) or (a)(7) of this section which does 
not occur after a conviction for another offense under this 
section, or an attempt to commit an offense punishable 
under this subparagraph; and 
‘‘(B) a fine under this title or imprisonment for not more 
than ten years, or both, in the case of an offense under 
subsection (a)(4), (a)(5)(A)(iii), or (a)(7) of this section 
which occurs after a conviction for another offense under 
this section, or an attempt to commit an offense punishable 
under this subparagraph; 
‘‘(4)(A) except as provided in paragraph (5), a fine 
under this title, imprisonment for not more than 10 years, 
or both, in the case of an offense under subsection 
(a)(5)(A)(i), or an attempt to commit an offense punishable 
under that subsection; 
‘‘(B) a fine under this title, imprisonment for not more 
than 5 years, or both, in the case of an offense under sub-
section (a)(5)(A)(ii), or an attempt to commit an offense 
punishable under that subsection; and 
‘‘(C) except as provided in paragraph (5), a fine under 
this title, imprisonment for not more than 20 years, or 
both, in the case of an offense under subsection 
(a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to commit an 
offense punishable under either subsection, that occurs 
after a conviction for another offense under this section; 
and 
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360 
‘‘(5)(A) if the offender knowingly or recklessly causes or 
attempts to cause serious bodily injury from conduct in vio-
lation of subsection (a)(5)(A)(i), a fine under this title or 
imprisonment for not more than 20 years, or both; and 
‘‘(B) if the offender knowingly or recklessly causes or at-
tempts to cause death from conduct in violation of sub-
section (a)(5)(A)(i), a fine under this title or imprisonment 
for any term of years or for life, or both. 
‘‘(c) INVESTIGATIVE AUTHORITY.— 
‘‘(1) UNITED
STATES
SECRET
SERVICE.—The United 
States Secret Service shall, in addition to any other agency 
having such authority, have the authority to investigate of-
fenses under this section. 
‘‘(2) FEDERAL BUREAU OF INVESTIGATION.—The Fed-
eral Bureau of Investigation shall have primary authority 
to investigate offenses under subsection (a)(1) for any 
cases involving espionage, foreign counterintelligence, infor-
mation protected against unauthorized disclosure for rea-
sons of national defense or foreign relations, or Restricted 
Data (as that term is defined in section 11y of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014(y)), except for of-
fenses affecting the duties of the United States Secret 
Service pursuant to section 3056(a) of this title. 
‘‘(3) AGREEMENT.—Such authority shall be exercised in 
accordance with an agreement which shall be entered into 
by the Secretary of the Treasury and the Attorney General. 
‘‘(d) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘computer’ means an electronic, magnetic, 
optical, electrochemical, or other high speed data processing 
device performing logical, arithmetic, or storage functions, 
and includes any data storage facility or communications 
facility directly related to or operating in conjunction with 
such device, but such term does not include an automated 
typewriter or typesetter, a portable hand held calculator, or 
other similar device; 
‘‘(2) the term ‘protected computer’ means a computer— 
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‘‘(A) exclusively for the use of a financial institution 
or the United States Government, or, in the case of a 
computer not exclusively for such use, used by or for 
a financial institution or the United States Government 
and the conduct constituting the offense affects that 
use by or for the financial institution or the Govern-
ment; or 
‘‘(B) which is used in interstate or foreign commerce 
or communication, including a computer located outside 
the United States that is used in a manner that affects 
interstate or foreign commerce or communication of the 
United States; 
‘‘(3) the term ‘financial record’ means information de-
rived from any record held by a financial institution per-
taining to a customer’s relationship with the financial insti-
tution; 
‘‘(4) the term ‘exceeds authorized access’ means to ac-
cess a computer with authorization and to use such access 
to obtain or alter information in the computer that the 
accesser is not entitled so to obtain or alter; 
‘‘(5) the term ‘department of the United States’ means 
the legislative or judicial branch of the Government or one 
of the executive departments enumerated in section 101 of 
title 5; 
‘‘(6) the term ‘damage’ means any impairment to the in-
tegrity or availability of data, a program, a system, or in-
formation; 
‘‘(7) the term ‘government entity’ includes the Govern-
ment of the United States, any State or political subdivi-
sion of the United States, any foreign country, and any 
state, province, municipality, or other political subdivision 
of a foreign country; 
‘‘(8) the term ‘conviction’ shall include a conviction 
under the law of any State for a crime punishable by im-
prisonment for more than 1 year, an element of which is 
unauthorized access, or exceeding authorized access, to a 
computer; and 
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362 
‘‘(9) the term ‘loss’ means any reasonable cost to any 
victim, including the cost of responding to an offense, con-
ducting a damage assessment, and restoring the data, pro-
gram, system, or information to its condition prior to the 
offense, and any revenue lost, cost incurred, or other con-
sequential damages incurred because of interruption of 
service. 
‘‘(e) EXCLUSION.—This section does not prohibit any law-
fully authorized investigative, protective, or intelligence activity 
of a law enforcement agency of the United States, a State, or 
a political subdivision of a State, or of an intelligence agency 
of the United States. 
‘‘(f) CIVIL ACTION.—Whoever suffers damage or loss by rea-
son of a violation of this section may maintain a civil action 
against the violator to obtain compensatory damages and in-
junctive relief or other equitable relief. A civil action for a viola-
tion of this section may be brought only if the conduct involves 
1 of the factors set forth in clause (i), (ii), (iii), (iv), or (v) of 
subsection (a)(5)(B). Damages for a violation involving only 
conduct described in subsection (a)(5)(B)(i) are limited to eco-
nomic damages. No action may be brought under this sub-
section unless such action is begun within 2 years of the date 
of the act complained of or the date of the discovery of the 
damage. No action may be brought under this subsection for 
the negligent design or manufacture of computer hardware, 
computer software, or firmware. 
‘‘§ 788. Major fraud against the United States 
‘‘(a) OFFENSE.—Whoever knowingly executes, or attempts to 
execute, any scheme or artifice with the intent— 
‘‘(1) to defraud the United States; or 
‘‘(2) to obtain money or property by means of false or 
fraudulent pretenses, representations, or promises, 
in any procurement of property or services as a prime con-
tractor with the United States or as a subcontractor or supplier 
on a contract in which there is a prime contract with the 
United States, if the value of the contract, subcontract, or any 
constituent part thereof, for such property or services is 
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363 
$1,000,000 or more shall, subject to the applicability of sub-
section (c) of this section, be imprisoned not more than 10 
years. 
‘‘(b) INCREASED FINE.—The fine imposed for an offense 
under this section may exceed the maximum otherwise provided 
by law, if such fine does not exceed $5,000,000 and— 
‘‘(1) the gross loss to the Government or the gross gain 
to a defendant is $500,000 or greater; or 
‘‘(2) the offense involves a conscious or reckless risk of 
serious personal injury. 
‘‘(c) INCREASED FINE ON MULTIPLE COUNTS.—The max-
imum fine imposed upon a defendant for a prosecution includ-
ing a prosecution with multiple counts under this section shall 
not exceed $10,000,000. 
‘‘(d) DISCLAIMER.—Nothing in this section shall preclude a 
court from imposing any other sentences available under this 
title, including a fine up to twice the amount of the gross loss 
or gross gain involved in the offense pursuant to section 
3571(d). 
‘‘(e) LIMITATION.—A prosecution of an offense under this 
section may be commenced any time not later than 7 years 
after the offense is committed, plus any additional time other-
wise allowed by law. 
‘‘(f) WHISTLEBLOWER.—Any individual who— 
‘‘(1) is discharged, demoted, suspended, threatened, har-
assed, or in any other manner discriminated against in the 
terms and conditions of employment by an employer be-
cause of lawful acts done by the employee on behalf of the 
employee or others in furtherance of a prosecution under 
this section (including investigation for, initiation of, testi-
mony for, or assistance in such prosecution), and 
‘‘(2) was not a participant in the unlawful activity that 
is the subject of such prosecution; 
may, in a civil action, obtain all relief necessary to make such 
individual whole. Such relief shall include reinstatement with 
the same seniority status such individual would have had but 
for the discrimination, 2 times the amount of back pay, interest 
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364 
on the back pay, and compensation for any special damages 
sustained as a result of the discrimination, including litigation 
costs and reasonable attorney’s fees. 
‘‘§ 789. Concealment of assets from conservator, 
receiver, or liquidating agent of financial 
institution 
‘‘Whoever— 
‘‘(1) knowingly conceals an asset or property from the 
Federal Deposit Insurance Corporation, acting as conser-
vator or receiver or in the Corporation’s corporate capacity 
with respect to any asset acquired or liability assumed by 
the Corporation under section 11, 12, or 13 of the Federal 
Deposit Insurance Act, the Resolution Trust Corporation, 
any conservator appointed by the Comptroller of the Cur-
rency or the Director of the Office of Thrift Supervision, 
or the National Credit Union Administration Board, acting 
as conservator or liquidating agent; 
‘‘(2) corruptly impedes the functions of such Corpora-
tion, Board, or conservator; or 
‘‘(3) corruptly places an asset or property beyond the 
reach of such Corporation, Board, or conservator, 
shall be imprisoned not more than 5 years. 
‘‘§ 790. Crimes by or affecting persons engaged in 
the business of insurance whose activities 
affect interstate commerce 
‘‘(a) FALSE STATEMENT OFFENSE.—(1) Whoever is engaged 
in the business of insurance whose activities affect interstate 
commerce and knowingly, with the intent to deceive, makes any 
false material statement or report or knowingly and materially 
overvalues any land, property or security— 
‘‘(A) in connection with any financial reports or docu-
ments presented to any insurance regulatory official or 
agency or an agent or examiner appointed by such official 
or agency to examine the affairs of such person, and 
‘‘(B) for the purpose of influencing the actions of such 
official or agency or such an appointed agent or examiner, 
shall be punished as provided in paragraph (2). 
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365 
‘‘(2) The punishment for an offense under paragraph (1) is 
a fine as established under this title or imprisonment for not 
more than 10 years, or both, except that the term of imprison-
ment shall be not more than 15 years if the statement or re-
port or overvaluing of land, property, or security jeopardized 
the safety and soundness of an insurer and was a significant 
cause of such insurer being placed in conservation, rehabilita-
tion, or liquidation by an appropriate court. 
‘‘(b) EMBEZZLEMENT AND SIMILAR CONDUCT.—(1) Who-
ever— 
‘‘(A) acting as, or being an officer, director, agent, or 
employee of, any person engaged in the business of insur-
ance whose activities affect interstate commerce, or 
‘‘(B) is engaged in the business of insurance whose ac-
tivities affect interstate commerce or is involved (other than 
as an insured or beneficiary under a policy of insurance) 
in a transaction relating to the conduct of affairs of such 
a business, 
knowingly embezzles, abstracts, purloins, or misappropriates 
any of the moneys, funds, premiums, credits, or other property 
of such person so engaged shall be punished as provided in 
paragraph (2). 
‘‘(2) The punishment for an offense under paragraph (1) is 
a fine as provided under this title or imprisonment for not 
more than 10 years, or both, except that if such embezzlement, 
abstraction, purloining, or misappropriation described in para-
graph (1) jeopardized the safety and soundness of an insurer 
and was a significant cause of such insurer being placed in con-
servation, rehabilitation, or liquidation by an appropriate court, 
such imprisonment shall be not more than 15 years. If the 
amount or value so embezzled, abstracted, purloined, or mis-
appropriated does not exceed $5,000, whoever violates para-
graph (1) shall be imprisoned not more than one year. 
‘‘(c) FALSE ENTRIES.—(1) Whoever is engaged in the busi-
ness of insurance and whose activities affect interstate com-
merce or is involved (other than as an insured or beneficiary 
under a policy of insurance) in a transaction relating to the 
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conduct of affairs of such a business, knowingly makes any 
false entry of material fact in any book, report, or statement 
of such person engaged in the business of insurance with intent 
to deceive any person, including any officer, employee, or agent 
of such person engaged in the business of insurance, any insur-
ance regulatory official or agency, or any agent or examiner ap-
pointed by such official or agency to examine the affairs of 
such person, about the financial condition or solvency of such 
business shall be punished as provided in paragraph (2). 
‘‘(2) The punishment for an offense under paragraph (1) is 
a fine as provided under this title or imprisonment for not 
more than 10 years, or both, except that if the false entry in 
any book, report, or statement of such person jeopardized the 
safety and soundness of an insurer and was a significant cause 
of such insurer being placed in conservation, rehabilitation, or 
liquidation by an appropriate court, such imprisonment shall be 
not more than 15 years. 
‘‘(d) OBSTRUCTION.—Whoever, by threats or force or by any 
threatening letter or communication, corruptly influences, ob-
structs, or impedes or endeavors corruptly to influence, ob-
struct, or impede the due and proper administration of the law 
under which any proceeding involving the business of insurance 
whose activities affect interstate commerce is pending before 
any insurance regulatory official or agency or any agent or ex-
aminer appointed by such official or agency to examine the af-
fairs of a person engaged in the business of insurance whose 
activities affect interstate commerce, shall be imprisoned not 
more than 10 years. 
‘‘(e) DISQUALIFICATION FOR INSURANCE BUSINESS.—(1)(A) 
Any individual who has been convicted of any criminal felony 
involving dishonesty or a breach of trust, or who has been con-
victed of an offense under this section, and who knowingly en-
gages in the business of insurance whose activities affect inter-
state commerce or participates in such business, shall be im-
prisoned not more than 5 years. 
‘‘(B) Any individual who is engaged in the business of insur-
ance whose activities affect interstate commerce and who know-
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ingly permits the participation described in subparagraph (A) 
shall be imprisoned not more than 5 years. 
‘‘(2) A person described in paragraph (1)(A) may engage in 
the business of insurance or participate in such business if such 
person has the written consent of any insurance regulatory offi-
cial authorized to regulate the insurer, which consent specifi-
cally refers to this subsection. 
‘‘(f) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘business of insurance’ means— 
‘‘(A) the writing of insurance, or 
‘‘(B) the reinsuring of risks, 
by an insurer, including all acts necessary or incidental to 
such writing or reinsuring and the activities of persons who 
act as, or are, officers, directors, agents, or employees of 
insurers or who are other persons authorized to act on be-
half of such persons; and 
‘‘(2) the term ‘insurer’ means any entity the business ac-
tivity of which is the writing of insurance or the reinsuring 
of risks, and includes any person who acts as, or is, an offi-
cer, director, agent, or employee of that business. 
‘‘§ 791. Civil penalties and injunctions for viola-
tions of section 790 
‘‘(a) CIVIL PENALTY.—The Attorney General may bring a 
civil action in the appropriate United States district court 
against any person who engages in conduct constituting an of-
fense under section 790 and, upon proof of such conduct by a 
preponderance of the evidence, such person shall be subject to 
a civil penalty of not more than $50,000 for each violation or 
the amount of compensation which the person received or of-
fered for the prohibited conduct, whichever amount is greater. 
If the offense has contributed to the decision of a court of ap-
propriate jurisdiction to issue an order directing the conserva-
tion, rehabilitation, or liquidation of an insurer, such penalty 
shall be remitted to the appropriate regulatory official for the 
benefit of the policyholders, claimants, and creditors of such in-
surer. The imposition of a civil penalty under this subsection 
does not preclude any other criminal or civil statutory, common 
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law, or administrative remedy, which is available by law to the 
United States or any other person. 
‘‘(b) ORDER PROHIBITING.—If the Attorney General has 
reason to believe that a person is engaged in conduct consti-
tuting an offense under section 790, the Attorney General may 
petition an appropriate United States district court for an 
order prohibiting that person from engaging in such conduct. 
The court may issue an order prohibiting that person from en-
gaging in such conduct if the court finds that the conduct con-
stitutes such an offense. The filing of a petition under this sec-
tion does not preclude any other remedy which is available by 
law to the United States or any other person. 
‘‘§ 792. False statements relating to health care 
matters 
‘‘Whoever, in any matter involving a health care benefit pro-
gram, knowingly— 
‘‘(1) falsifies, conceals, or covers up by any trick, 
scheme, or device a material fact; or 
‘‘(2) makes any materially false, fictitious, or fraudulent 
statements or representations, or makes or uses any mate-
rially false writing or document knowing the same to con-
tain any materially false, fictitious, or fraudulent statement 
or entry, in connection with the delivery of or payment for 
health care benefits, items, or services, shall be imprisoned 
not more than 5 years. 
‘‘§ 793. Entry by false pretenses to any real prop-
erty, vessel, or aircraft of the United 
States or secure area of any airport or 
seaport 
‘‘(a) OFFENSE.—Whoever, by any fraud or false pretense, 
enters— 
‘‘(1) any real property belonging in whole or in part to, 
or leased by, the United States; 
‘‘(2) any vessel or aircraft belonging in whole or in part 
to, or leased by, the United States; 
‘‘(3) any secure or restricted area of any seaport, des-
ignated as secure in an approved security plan, as required 
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under section 70103 of title 46 and the rules and regula-
tions promulgated under that section; or 
‘‘(4) any secure area of any airport, shall be punished as 
provided in subsection (b). 
‘‘(b) The punishment for an offense under subsection (a) 
is— 
‘‘(1) imprisonment for not more than 10 years, if the of-
fense is committed with the intent to commit a felony; or 
‘‘(2) imprisonment for not more than 6 months, in any 
other case. 
‘‘(c) As used in this section— 
‘‘(1) the term ‘secure area’ means an area access to 
which is restricted by the airport authority, captain of the 
seaport, or a public agency; and 
‘‘(2) the term ‘airport’ has the meaning given such term 
in section 47102 of title 49. 
‘‘§ 794. Fraud and related activity in connection 
with electronic mail 
‘‘(a) IN GENERAL.—Whoever, in or affecting interstate or 
foreign commerce, knowingly— 
‘‘(1) accesses a protected computer without authoriza-
tion, and intentionally initiates the transmission of multiple 
commercial electronic mail messages from or through such 
computer, 
‘‘(2) uses a protected computer to relay or retransmit 
multiple commercial electronic mail messages, with the in-
tent to deceive or mislead recipients, or any Internet access 
service, as to the origin of such messages, 
‘‘(3) materially falsifies header information in multiple 
commercial electronic mail messages and intentionally initi-
ates the transmission of such messages, 
‘‘(4) registers, using information that materially falsifies 
the identity of the actual registrant, for five or more elec-
tronic mail accounts or online user accounts or two or more 
domain names, and intentionally initiates the transmission 
of multiple commercial electronic mail messages from any 
combination of such accounts or domain names, or 
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‘‘(5) falsely represents oneself to be the registrant or the 
legitimate successor in interest to the registrant of 5 or 
more Internet Protocol addresses, and intentionally initi-
ates the transmission of multiple commercial electronic mail 
messages from such addresses shall be punished as pro-
vided in subsection (b). 
‘‘(b) PENALTIES.—The punishment for an offense under 
subsection (a) is— 
‘‘(1) a fine under this title, imprisonment for not more 
than 5 years, or both, if— 
‘‘(A) the offense is committed in furtherance of any 
felony under the laws of the United States or of any 
State; or 
‘‘(B) the defendant has previously been convicted 
under this section or section 1030, or under the law of 
any State for conduct involving the transmission of 
multiple commercial electronic mail messages or unau-
thorized access to a computer system; 
‘‘(2) a fine under this title, imprisonment for not more 
than 3 years, or both, if— 
‘‘(A) the offense is an offense under subsection 
(a)(1); 
‘‘(B) the offense is an offense under subsection 
(a)(4) and involved 20 or more falsified electronic mail 
or online user account registrations, or 10 or more fal-
sified domain name registrations; 
‘‘(C) the volume of electronic mail messages trans-
mitted in furtherance of the offense exceeded 2,500 
during any 24-hour period, 25,000 during any 30-day 
period, or 250,000 during any 1-year period; 
‘‘(D) the offense caused loss to one or more persons 
aggregating $5,000 or more in value during any 1-year 
period; 
‘‘(E) as a result of the offense any individual com-
mitting the offense obtained anything of value aggre-
gating $5,000 or more during any 1-year period; or 
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‘‘(F) the offense was undertaken by the defendant in 
concert with three or more other persons with respect 
to whom the defendant occupied a position of organizer 
or leader; and 
‘‘(3) a fine under this title or imprisonment for not more 
than 1 year, or both, in any other case. 
‘‘(c) DEFINITIONS.—For the purposes of this section— 
‘‘(1) the term ‘loss’ has the meaning given that term in 
section 787; 
‘‘(2) for purposes of paragraphs (3) and (4) of sub-
section (a), header information or registration information 
is materially falsified if it is altered or concealed in a man-
ner that would impair the ability of a recipient of the mes-
sage, an Internet access service processing the message on 
behalf of a recipient, a person alleging a violation of this 
section, or a law enforcement agency to identify, locate, or 
respond to a person who initiated the electronic mail mes-
sage or to investigate the alleged violation; 
‘‘(3) the term ‘multiple’ means more than 100 electronic 
mail messages during a 24-hour period, more than 1,000 
electronic mail messages during a 30-day period, or more 
than 10,000 electronic mail messages during a 1-year pe-
riod; and 
‘‘(4) any other term has the meaning given that term by 
section 3 of the CAN–SPAM Act of 2003. 
‘‘§ 795. False information and hoaxes 
‘‘(a) CRIMINAL VIOLATION.— 
‘‘(1) IN
GENERAL.—Whoever engages in any conduct 
with intent to convey false or misleading information under 
circumstances where such information may reasonably be 
believed and where such information indicates that an ac-
tivity has taken, is taking, or will take place that would 
constitute a violation of subchapter A of chapter 33 and 
subchapters B, D, E, and F of chapter 21, section 236 of 
the Atomic Energy Act of 1954 (42 U.S.C. 2284), or sec-
tion 46502, the second sentence of section 46504, section 
46505(b)(3) or (c), section 46506 if homicide or attempted 
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homicide is involved, or section 60123(b) of title 49, 
shall— 
‘‘(A) be imprisoned not more than 5 years; 
‘‘(B) if serious bodily injury results, be imprisoned 
not more than 20 years; and 
‘‘(C) if death results, be imprisoned for any number 
of years up to life. 
‘‘(2) ARMED
FORCES.—Whoever makes a false state-
ment, with intent to convey false or misleading information, 
about the death, injury, capture, or disappearance of a 
member of the Armed Forces of the United States during 
a war or armed conflict in which the United States is en-
gaged— 
‘‘(A) shall be imprisoned not more than 5 years; 
‘‘(B) if serious bodily injury results, shall be impris-
oned not more than 20 years; and 
‘‘(C) if death results, shall be imprisoned for any 
number of years or for life. 
‘‘(b) CIVIL ACTION.—Whoever engages in any conduct with 
intent to convey false or misleading information under cir-
cumstances where such information may reasonably be believed 
and where such information indicates that an activity has 
taken, is taking, or will take place that would constitute a vio-
lation of subchapter A of chapter 33 and subchapters B, D, E, 
and F of chapter 21, section 236 of the Atomic Energy Act of 
1954 (42 U.S.C. 2284), or section 46502, the second sentence 
of section 46504, section 46505 (b)(3) or (c), section 46506 if 
homicide or attempted homicide is involved, or section 
60123(b) of title 49 is liable in a civil action to any party in-
curring expenses incident to any emergency or investigative re-
sponse to that conduct, for those expenses. 
‘‘(c) REIMBURSEMENT.— 
‘‘(1) IN GENERAL.—The court, in imposing a sentence 
on a defendant who has been convicted of an offense under 
subsection (a), shall order the defendant to reimburse any 
state or local government, or private not-for-profit organi-
zation that provides fire or rescue service incurring ex-
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penses incident to any emergency or investigative response 
to that conduct, for those expenses. 
‘‘(2) LIABILITY.—A person ordered to make reimburse-
ment under this subsection shall be jointly and severally 
liable for such expenses with each other person, if any, who 
is ordered to make reimbursement under this subsection for 
the same expenses. 
‘‘(3) CIVIL
JUDGMENT.—An order of reimbursement 
under this subsection shall, for the purposes of enforce-
ment, be treated as a civil judgment. 
‘‘(d) ACTIVITIES OF LAW ENFORCEMENT.—This section does 
not prohibit any lawfully authorized investigative, protective, or 
intelligence activity of a law enforcement agency of the United 
States, a State, or political subdivision of a State, or of an in-
telligence agency of the United States. 
‘‘§ 796. Fraud and related activity in connection 
with obtaining confidential phone records 
information of a covered entity 
‘‘(a) CRIMINAL VIOLATION.—Whoever, in interstate or for-
eign commerce, knowingly and intentionally obtains, or at-
tempts to obtain, confidential phone records information of a 
covered entity, by— 
‘‘(1) making false or fraudulent statements or represen-
tations to an employee of a covered entity; 
‘‘(2) making such false or fraudulent statements or rep-
resentations to a customer of a covered entity; 
‘‘(3) providing a document to a covered entity knowing 
that such document is false or fraudulent; or 
‘‘(4) accessing customer accounts of a covered entity via 
the Internet, or by means of conduct that violates section 
1030 of this title, without prior authorization from the cus-
tomer to whom such confidential phone records information 
relates; 
shall be imprisoned for not more than 10 years. 
‘‘(b) PROHIBITION ON SALE OR TRANSFER OF CONFIDEN-
TIAL PHONE RECORDS INFORMATION.— 
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‘‘(1) Except as otherwise permitted by applicable law, 
whoever, in interstate or foreign commerce, knowingly and 
intentionally sells or transfers, or attempts to sell or trans-
fer, confidential phone records information of a covered en-
tity, without prior authorization from the customer to 
whom such confidential phone records information relates, 
or knowing or having reason to know such information was 
obtained fraudulently, shall be imprisoned not more than 
10 years. 
‘‘(2) For purposes of this subsection, the exceptions 
specified in section 222(d) of the Communications Act of 
1934 shall apply for the use of confidential phone records 
information by any covered entity, as defined in subsection 
(h). 
‘‘(c) PROHIBITION
ON PURCHASE
OR RECEIPT
OF CON-
FIDENTIAL PHONE RECORDS INFORMATION.— 
‘‘(1) Except as otherwise permitted by applicable law, 
whoever, in interstate or foreign commerce, knowingly and 
intentionally purchases or receives, or attempts to purchase 
or receive, confidential phone records information of a cov-
ered entity, without prior authorization from the customer 
to whom such confidential phone records information re-
lates, or knowing or having reason to know such informa-
tion was obtained fraudulently, shall be imprisoned not 
more than 10 years. 
‘‘(2) For purposes of this subsection, the exceptions 
specified in section 222(d) of the Communications Act of 
1934 shall apply for the use of confidential phone records 
information by any covered entity, as defined in subsection 
(h). 
‘‘(d) ENHANCED PENALTIES
FOR AGGRAVATED CASES.— 
Whoever violates, or attempts to violate, subsection (a), (b), or 
(c) while violating another law of the United States or as part 
of a pattern of any illegal activity involving more than 
$100,000, or more than 50 customers of a covered entity, in 
a 12-month period shall, in addition to the penalties provided 
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for in such subsection, be imprisoned for not more than 5 
years. 
‘‘(e) ENHANCED PENALTIES FOR USE OF INFORMATION IN 
FURTHERANCE OF CERTAIN CRIMINAL OFFENSES.— 
‘‘(1) Whoever, violates, or attempts to violate, subsection 
(a), (b), or (c) knowing that such information may be used 
in furtherance of, or with the intent to commit, an offense 
described in section 2261, 2261A, 2262, or any other crime 
of violence shall, in addition to the penalties provided for 
in such subsection, be imprisoned not more than 5 years. 
‘‘(2) Whoever, violates, or attempts to violate, subsection 
(a), (b), or (c) knowing that such information may be used 
in furtherance of, or with the intent to commit, an offense 
under section 111, 115, 1114, 1503, 1512, 1513, or to in-
timidate, threaten, harass, injure, or kill any Federal, 
State, or local law enforcement officer shall, in addition to 
the penalties provided for in such subsection, be and im-
prisoned not more than 5 years. 
‘‘(f) 
EXTRATERRITORIAL
JURISDICTION.—There 
is 
extraterritorial jurisdiction over an offense under this section. 
‘‘(g) NONAPPLICABILITY
TO LAW ENFORCEMENT AGEN-
CIES.—This section does not prohibit any lawfully authorized 
investigative, protective, or intelligence activity of a law en-
forcement agency of the United States, a State, or political 
subdivision of a State, or of an intelligence agency of the 
United States. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) CONFIDENTIAL PHONE RECORDS INFORMATION.— 
The term ‘confidential phone records information’ means 
information that— 
‘‘(A) relates to the quantity, technical configuration, 
type, destination, location, or amount of use of a serv-
ice offered by a covered entity, subscribed to by any 
customer of that covered entity, and kept by or on be-
half of that covered entity solely by virtue of the rela-
tionship between that covered entity and the customer; 
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‘‘(B) is made available to a covered entity by a cus-
tomer solely by virtue of the relationship between that 
covered entity and the customer; or 
‘‘(C) is contained in any bill, itemization, or account 
statement provided to a customer by or on behalf of a 
covered entity solely by virtue of the relationship be-
tween that covered entity and the customer. 
‘‘(2) COVERED ENTITY.—The term ‘covered entity’— 
‘‘(A) has the same meaning given the term ‘tele-
communications carrier’ in section 3 of the Commu-
nications Act of 1934 (47 U.S.C. 153); and 
‘‘(B) includes any provider of IP-enabled voice serv-
ice. 
‘‘(3) CUSTOMER.—The term ‘customer’ means, with re-
spect to a covered entity, any individual, partnership, asso-
ciation, joint stock company, trust, or corporation, or au-
thorized representative of such customer, to whom the cov-
ered entity provides a product or service. 
‘‘(4) IP-ENABLED
VOICE
SERVICE.—The term ‘IP-en-
abled voice service’ means the provision of real-time voice 
communications offered to the public, or such class of users 
as to be effectively available to the public, transmitted 
through customer premises equipment using TCP/IP pro-
tocol, or a successor protocol, (whether part of a bundle of 
services or separately) with interconnection capability such 
that the service can originate traffic to, or terminate traffic 
from, the public switched telephone network, or a successor 
network. 
‘‘SUBCHAPTER B—MAIL FRAUD 
‘‘Sec. 
‘‘801.
Frauds and swindles. 
‘‘802.
Fictitious name or address. 
‘‘803.
Fraud by wire, radio, or television. 
‘‘804.
Bank fraud. 
‘‘805.
Definition of ‘scheme or artifice to defraud’. 
‘‘806.
Health care fraud. 
‘‘807.
Securities fraud. 
‘‘808.
Failure of corporate officers to certify financial reports. 
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‘‘§ 801. Frauds and swindles 
‘‘Whoever, 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, or to sell, dispose of, loan, exchange, alter, give away, 
distribute, supply, or furnish or procure for unlawful use any 
counterfeit or spurious coin, obligation, security, or other arti-
cle, or anything represented to be or intimated or held out to 
be such counterfeit or spurious article, for the purpose of exe-
cuting such scheme or artifice or attempting so to do, places 
in any post office or authorized depository for mail matter, any 
matter or thing whatever to be sent or delivered by the Postal 
Service, or deposits or causes to be deposited any matter or 
thing whatever to be sent or delivered by any private or com-
mercial interstate carrier, or takes or receives therefrom, any 
such matter or thing, or knowingly causes to be delivered by 
mail or such carrier according to the direction thereon, or at 
the place at which it is directed to be delivered by the person 
to whom it is addressed, any such matter or thing, shall be im-
prisoned not more than 20 years. If the violation affects a fi-
nancial institution, such person shall be imprisoned not more 
than 30 years. 
‘‘§ 802. Fictitious name or address 
‘‘Whoever, for the purpose of conducting, promoting, or car-
rying on by means of the Postal Service, any scheme or device 
mentioned in section 801 or any other unlawful business, uses 
or assumes, or requests to be addressed by, any fictitious, false, 
or assumed title, name, or address or name other than his own 
proper name, or takes or receives from any post office or au-
thorized depository of mail matter, any letter, postal card, 
package, or other mail matter addressed to any such fictitious, 
false, or assumed title, name, or address, or name other than 
his or her own proper name, shall be imprisoned not more than 
five years. 
‘‘§ 803. Fraud by wire, radio, or television 
‘‘Whoever, having devised or intending to devise any scheme 
or artifice to defraud, or for obtaining money or property by 
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means of false or fraudulent pretenses, representations, or 
promises, transmits or causes to be transmitted by means of 
wire, radio, or television communication in interstate or foreign 
commerce, any writings, signs, signals, pictures, or sounds for 
the purpose of executing such scheme or artifice, shall be im-
prisoned not more than 20 years. If the violation affects a fi-
nancial institution, such person shall be imprisoned not more 
than 30 years. 
‘‘§ 804. Bank fraud 
‘‘Whoever knowingly executes, a scheme or artifice— 
‘‘(1) to defraud a financial institution; or 
‘‘(2) to obtain any of the moneys, funds, credits, assets, 
securities, or other property owned by, or under the cus-
tody or control of, a financial institution, by means of false 
or fraudulent pretenses, representations, or promises; 
shall be imprisoned not more than 30 years. 
‘‘§ 805. Definition of ‘scheme or artifice to defraud’ 
‘‘For the purposes of this subchapter, the term ‘scheme or 
artifice to defraud’ includes a scheme or artifice to deprive an-
other of the intangible right of honest services. 
‘‘§ 806. Health care fraud 
‘‘Whoever knowingly executes a scheme or artifice— 
‘‘(1) to defraud any health care benefit program; or 
‘‘(2) to obtain, by means of false or fraudulent pretenses, 
representations, or promises, any of the money or property 
owned by, or under the custody or control of, any health 
care benefit program; 
in connection with the delivery of or payment for health care 
benefits, items, or services, shall be imprisoned not more than 
10 years. If the violation results in serious bodily injury (as de-
fined in section 1204 of this title), such person shall be impris-
oned not more than 20 years; and if the violation results in 
death, such person shall be imprisoned for any term of years 
or for life. 
‘‘§ 807. Securities fraud 
‘‘Whoever knowingly executes a scheme or artifice— 
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‘‘(1) to defraud any person in connection with any secu-
rity of an issuer with a class of securities registered under 
section 12 of the Securities Exchange Act of 1934 or that 
is required to file reports under section 15(d) of the Securi-
ties Exchange Act of 1934; or 
‘‘(2) to obtain, by means of false or fraudulent pretenses, 
representations, or promises, any money or property in con-
nection with the purchase or sale of any security of an 
issuer with a class of securities registered under section 12 
of the Securities Exchange Act of 1934 or that is required 
to file reports under section 15(d) of the Securities Ex-
change Act of 1934; 
shall be imprisoned not more than 25 years. 
‘‘§ 808. Failure of corporate officers to certify fi-
nancial reports 
‘‘(a) CERTIFICATION OF PERIODIC FINANCIAL REPORTS.— 
Each periodic report containing financial statements filed by an 
issuer with the Securities Exchange Commission pursuant to 
section 13(a) or 15(d) of the Securities Exchange Act of 1934 
shall be accompanied by a written statement by the chief execu-
tive officer and chief financial officer (or equivalent thereof) of 
the issuer. 
‘‘(b) CONTENT.—The statement required under subsection 
(a) shall certify that the periodic report containing the financial 
statements fully complies with the requirements of section 
13(a) or 15(d) of the Securities Exchange Act of 1934 and 
that information contained in the periodic report fairly pre-
sents, in all material respects, the financial condition and re-
sults of operations of the issuer. 
‘‘(c) CRIMINAL PENALTIES.—Whoever knowingly— 
‘‘(1) certifies any statement as set forth in subsections 
(a) and (b) knowing that the periodic report accompanying 
the statement does not comport with all the requirements 
set forth in this section shall be imprisoned not more than 
10 years; or 
‘‘(2) certifies any statement as set forth in subsections 
(a) and (b) knowing that the periodic report accompanying 
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the statement does not comport with all the requirements 
set forth in this section 
shall be imprisoned not more than 20 years. 
‘‘CHAPTER 27—CRIMES RELATED TO FEDERAL 
GOVERNMENT RESPONSIBILITIES 
‘‘Subchapter 
Sec. 
‘‘A. Coins and currency ............................................................
851 
‘‘B. Customs ...................................................................................
861 
‘‘C. Indians .....................................................................................
871 
‘‘D. Bankruptcy ............................................................................
881 
‘‘E. Civil rights .............................................................................
891 
‘‘F. Foreign relations .................................................................
921 
‘‘G. Postal service ........................................................................
941 
‘‘H. Special maritime and territorial jurisdiction of 
the United States .....................................................
961 
‘‘SUBTITLE A—COINS AND CURRENCY 
‘‘Sec. 
‘‘851.
Mutilation, diminution, and falsification of coins. 
‘‘852.
Mutilation of national bank obligations. 
‘‘§ 851. Mutilation, diminution, and falsification of 
coins 
‘‘Whoever— 
‘‘(1) fraudulently alters, defaces, mutilates, impairs, di-
minishes, falsifies, scales, or lightens any of the coins 
coined at the mints of the United States, or any foreign 
coins which are by law made current or are in actual use 
or circulation as money within the United States; or 
‘‘(2) fraudulently possesses, passes, utters, publishes, or 
sells, or attempts to pass, utter, publish, or sell, or brings 
into the United States, any such coin, knowing the same 
to be altered, defaced, mutilated, impaired, diminished, fal-
sified, scaled, or lightened; 
shall be imprisoned not more than five years. 
‘‘§ 852. Mutilation of national bank obligations 
‘‘Whoever mutilates, cuts, defaces, disfigures, or perforates, 
or unites or cements together, or does any other thing to any 
bank bill, draft, note, or other evidence of debt issued by any 
national banking association, or Federal Reserve bank, or the 
Federal Reserve System, with intent to render such bank bill, 
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draft, note, or other evidence of debt unfit to be reissued, shall 
be imprisoned not more than six months. 
‘‘SUBCHAPTER B—CUSTOMS 
‘‘Sec. 
‘‘861.
Entry of goods falsely classified. 
‘‘862.
Entry of goods by means of false statements. 
‘‘863.
Smuggling goods into the United States. 
‘‘864.
Smuggling goods into foreign countries. 
‘‘865.
Removing goods from customs custody; breaking seals. 
‘‘866.
Importation or exportation of stolen motor vehicles, off-highway mo-
bile equipment, vessels, or aircraft. 
‘‘867.
Smuggling goods from the United States. 
‘‘868.
Border tunnels and passages. 
‘‘§ 861. Entry of goods falsely classified 
‘‘Whoever knowingly effects any entry of goods, wares, or 
merchandise, at less than the true weight or measure thereof, 
or upon a false classification as to quality or value, or by the 
payment of less than the amount of duty legally due, shall be 
imprisoned not more than two years. 
‘‘§ 862. Entry of goods by means of false state-
ments 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) enters or introduces, or attempts to enter or intro-
duce, into the commerce of the United States any imported 
merchandise by means of any fraudulent or false invoice, 
declaration, affidavit, letter, paper, or by means of any 
false statement, written or verbal, or by means of any false 
or fraudulent practice or appliance, or makes any false 
statement in any declaration without reasonable cause to 
believe the truth of such statement, or procures the making 
of any such false statement as to any matter material 
thereto without reasonable cause to believe the truth of 
such statement, whether or not the United States shall or 
may be deprived of any lawful duties; or 
‘‘(2) knowingly engages in an act or omission whereby 
the United States is or may be deprived of any lawful du-
ties accruing upon merchandise embraced or referred to in 
such invoice, declaration, affidavit, letter, paper, or state-
ment, or affected by such act or omission; 
shall be imprisoned not more than two years. 
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‘‘(b) DEFINITION.—As used in this section, the term ‘com-
merce of the United States’ does not include commerce with 
Virgin Islands, American Samoa, Wake Island, Midway Islands, 
Kingman Reef, Johnston Island, or Guam. 
‘‘§ 863. Smuggling goods into the United States 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) knowingly and with intent to defraud the United 
States, smuggles, or clandestinely introduces or attempts to 
smuggle or clandestinely introduce into the United States 
any merchandise which should have been invoiced, or 
makes out or passes, or attempts to pass, through the cus-
tomhouse any false, forged, or fraudulent invoice, or other 
document or paper; or 
‘‘(2) fraudulently or knowingly imports or brings into the 
United States, any merchandise contrary to law, or re-
ceives, conceals, buys, sells, or in any manner facilitates the 
transportation, concealment, or sale of such merchandise 
after importation, knowing the same to have been imported 
or brought into the United States contrary to law; 
shall be imprisoned not more than 20 years. 
‘‘(b) DEFINITION.—The term ‘United States’, as used in this 
section, does not include Virgin Islands, American Samoa, 
Wake Island, Midway Islands, Kingman Reef, Johnston Island, 
or Guam. 
‘‘§ 864. Smuggling goods into foreign countries 
‘‘(a) OFFENSE.—Whoever, owning in whole or in part any 
vessel of the United States, employs, or participates in, or al-
lows the employment of, such vessel for the purpose of smug-
gling, or attempting to smuggle, or assisting in smuggling, any 
merchandise into the territory of any foreign government in 
violation of the laws there in force, if under the laws of such 
foreign government any penalty or forfeiture is provided for 
violation of the laws of the United States respecting the cus-
toms revenue, and any citizen of, or person domiciled in, or any 
corporation incorporated in, the United States, controlling or 
substantially participating in the control of any such vessel, di-
rectly or indirectly, whether through ownership of corporate 
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shares or otherwise, and allowing the employment of said vessel 
for any such purpose, and any person found, or discovered to 
have been, on board of any such vessel so employed and partici-
pating or assisting in any such purpose, shall be imprisoned not 
more than two years. 
‘‘(b) HIRING OR CHARTERING OF VESSELS.—It shall con-
stitute an offense under this section to hire out or charter a 
vessel if the lessor or charterer has knowledge or reasonable 
grounds for belief that the lessee or person chartering the ves-
sel intends to employ such vessel for any of the purposes de-
scribed in this section and if such vessel is, during the time 
such lease or charter is in effect, employed for any such pur-
pose. 
‘‘§ 865. Removing goods from customs custody; 
breaking seals 
‘‘Whoever knowingly— 
‘‘(1) without authority, affixes or attaches a customs 
seal, fastening, or mark, or any seal, fastening, or mark 
purporting to be a customs seal, fastening, or mark to any 
vessel, vehicle, warehouse, or package; 
‘‘(2) without authority, removes, breaks, injures, or de-
faces any customs seal or other fastening or mark placed 
upon any vessel, vehicle, warehouse, or package containing 
merchandise or baggage in bond or in customs custody; 
‘‘(3) enters any bonded warehouse or any vessel or vehi-
cle laden with or containing bonded merchandise with in-
tent unlawfully to remove therefrom any merchandise or 
baggage therein, or unlawfully removes any merchandise or 
baggage in such vessel, vehicle, or bonded warehouse or 
otherwise in customs custody or control; or 
‘‘(4) receives or transports any merchandise or baggage 
unlawfully removed from any such vessel, vehicle, or ware-
house, knowing the same to have been unlawfully removed; 
shall be imprisoned not more than 10 years. 
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384 
‘‘§ 866. Importation or exportation of stolen motor 
vehicles, off-highway mobile equipment, 
vessels, or aircraft 
‘‘(a) OFFENSE.—Whoever knowingly imports, exports, or at-
tempts to import or export— 
‘‘(1) any motor vehicle, off-highway mobile equipment, 
vessel, aircraft, or part of any motor vehicle, off-highway 
mobile equipment, vessel, or aircraft, knowing the same to 
have been stolen; or 
‘‘(2) any motor vehicle or off-highway mobile equipment 
or part of any motor vehicle or off-highway mobile equip-
ment, knowing that the identification number of such 
motor vehicle, equipment, or part has been removed, oblit-
erated, tampered with, or altered; 
shall be imprisoned not more than 10 years. 
‘‘(b) EXCLUSION.—Subsection (a)(2) does not apply if the 
removal, obliteration, tampering, or alteration— 
‘‘(1) is caused by collision or fire; or 
‘‘(2)(A) in the case of a motor vehicle, is not a violation 
of section 718 of this title (relating to altering or removing 
motor vehicle identification numbers); or 
‘‘(B) in the case of off-highway mobile equipment, would 
not be a violation of section 718 of this title if such equip-
ment were a motor vehicle. 
‘‘(c) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘motor vehicle’ has the meaning given that 
term in section 32101 of title 49; 
‘‘(2) the term ‘off-highway mobile equipment’ means any 
self-propelled agricultural equipment, self-propelled con-
struction equipment, and self-propelled special use equip-
ment, used or designed for running on land but not on rail 
or highway; 
‘‘(3) the term ‘vessel’ has the meaning given that term 
in section 401 of the Tariff Act of 1930; 
‘‘(4) the term ‘aircraft’ has the meaning given that term 
in section 40102(a) of title 49; and 
‘‘(5) the term ‘identification number’— 
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385 
‘‘(A) in the case of a motor vehicle, has the meaning 
given that term in section 718 of this title; and 
‘‘(B) in the case of any other vehicle or equipment 
covered by this section, means a number or symbol as-
signed to the vehicle or equipment, or part thereof, by 
the manufacturer primarily for the purpose of identi-
fying such vehicle, equipment, or part. 
‘‘§ 867. Smuggling goods from the United States 
‘‘(a) OFFENSE.—Whoever fraudulently or knowingly exports 
or sends from the United States any merchandise, article, or 
object contrary to any law or regulation of the United States, 
or receives, conceals, buys, sells, or in any manner facilitates 
the transportation, concealment, or sale of such merchandise, 
article or object, prior to exportation, knowing the same to be 
intended for exportation contrary to any law or regulation of 
the United States, shall be imprisoned not more than 10 years. 
‘‘(b) DEFINITION.—As used in this section, the term ‘United 
States’ has the meaning given that term in section 863. 
‘‘§ 868. Border tunnels and passages 
‘‘(a) CONSTRUCTION.—Whoever knowingly constructs or fi-
nances the construction of a tunnel or subterranean passage 
that crosses the international border between the United States 
and another country, other than a lawfully authorized tunnel 
or passage known to the Secretary of Homeland Security and 
subject to inspection by Immigration and Customs Enforce-
ment, shall be imprisoned for not more than 20 years. 
‘‘(b) DISREGARDING CONSTRUCTION.—Whoever knows or 
recklessly disregards the construction or use of a tunnel or pas-
sage described in subsection (a) on land that the person owns 
or controls shall be imprisoned for not more than 10 years. 
‘‘(c) USE.— 
‘‘(1) OFFENSE.—Whoever uses a tunnel or passage de-
scribed in subsection (a) to unlawfully smuggle an alien, 
goods (in violation of section 863), controlled substances, 
weapons of mass destruction (including biological weapons), 
or a member of a terrorist organization shall be subject to 
a maximum term of imprisonment that is twice the max-
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imum term of imprisonment that would have otherwise 
been applicable had the unlawful activity not made use of 
such a tunnel or passage. 
‘‘(2) DEFINITION.—As used in this subsection, the term 
‘terrorist organization’ means an organization designated 
as a terrorist organization under section 219 of the Immi-
gration and Nationality Act. 
‘‘SUBCHAPTER C—INDIANS 
‘‘Sec. 
‘‘871.
Indian country defined. 
‘‘872.
Laws governing. 
‘‘873.
Offenses committed within Indian country. 
‘‘874.
State jurisdiction over offenses committed by or against Indians in 
the Indian country. 
‘‘875.
Embezzlement and theft from Indian tribal organizations. 
‘‘876.
Theft from gaming establishments on Indian lands. 
‘‘877.
Theft by officers or employees of gaming establishments on Indian 
lands. 
‘‘878.
Reporting of child abuse. 
‘‘879.
Illegal trafficking in Native American human remains and cultural 
items. 
‘‘§ 871. Indian country defined 
‘‘The term ‘Indian country’, as used in this subchapter, 
means— 
‘‘(1) all land within the limits of any Indian reservation 
under the jurisdiction of the United States Government, 
notwithstanding the issuance of any patent, and, including 
rights-of-way running through the reservation; 
‘‘(2) all dependent Indian communities within the bor-
ders of the United States whether within the original or 
subsequently acquired territory thereof, and whether within 
or without the limits of a State; and 
‘‘(3) all Indian allotments, the Indian titles to which 
have not been extinguished, including rights-of-way running 
through the same. 
‘‘§ 872. Laws governing 
‘‘(a) GENERALLY.—Except as otherwise expressly provided 
by law, the general laws of the United States as to the punish-
ment of offenses committed in any place within the sole and 
exclusive jurisdiction of the United States, except the District 
of Columbia, shall extend to the Indian country. 
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387 
‘‘(b) LIMITATION.—This section does not extend to offenses 
committed by one Indian against the person or property of an-
other Indian, nor to any Indian committing any offense in the 
Indian country who has been punished by the local law of the 
tribe, or to any case where, by treaty stipulations, the exclusive 
jurisdiction over such offenses is or may be secured to the In-
dian tribes respectively. 
‘‘§ 873. Offenses committed within Indian country 
‘‘(a) MAJOR CRIMES.—Any Indian who commits against the 
person or property of another Indian or other person any of the 
following offenses, namely, murder, manslaughter, kidnapping, 
maiming, a felony under subchapter A of chapter 13, incest, as-
sault with intent to commit murder, assault with a dangerous 
weapon, assault resulting in serious bodily injury (as defined in 
section 1365 of this title), an assault against an individual who 
has not attained the age of 16 years, arson, burglary, robbery, 
and a felony under section 661 of this title within the Indian 
country, shall be subject to the same law and penalties as all 
other persons committing any of the above offenses, within the 
exclusive jurisdiction of the United States. 
‘‘(b) DEFINITION OF CERTAIN OFFENSES.—Any offense re-
ferred to in subsection (a) of this section that is not defined 
and punished by Federal law in force within the exclusive juris-
diction of the United States shall be defined and punished in 
accordance with the laws of the State in which such offense 
was committed as are in force at the time of such offense. 
‘‘§ 874. State jurisdiction over offenses committed 
by or against Indians in the Indian coun-
try 
‘‘(a) IN GENERAL.—Each State listed in the following table 
shall have jurisdiction over offenses committed by or against 
Indians in the areas of Indian country listed opposite the name 
of the State to the same extent that such State has jurisdiction 
over offenses committed elsewhere within the State, and the 
criminal laws of such State shall have the same force and effect 
within such Indian country as they have elsewhere within the 
State: 
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State of 
Indian country affected 
Alaska 
All Indian country within the State, 
except that on Annette Islands, the 
Metlakatla Indian community may 
exercise jurisdiction over offenses 
committed by Indians in the same 
manner in which such jurisdiction 
may be exercised by Indian tribes in 
Indian country over which State ju-
risdiction has not been extended. 
California 
All Indian country within the State. 
Minnesota 
All Indian country within the State, 
except the Red Lake Reservation. 
Nebraska 
All Indian country within the State. 
Oregon 
All Indian country within the State, 
except the Warm Springs Reserva-
tion.
Wisconsin 
All Indian country within the State. 
‘‘(b) NON-CRIMINAL MATTERS NOT AFFECTED.—Nothing in 
this section— 
‘‘(1) authorizes the alienation, encumbrance, or taxation 
of any real or personal property, including water rights, be-
longing to any Indian or any Indian tribe, band, or commu-
nity that is held in trust by the United States or is subject 
to a restriction against alienation imposed by the United 
States; 
‘‘(2) authorizes regulation of the use of such property in 
a manner inconsistent with any Federal treaty, agreement, 
or statute or with any regulation made pursuant thereto; 
or 
‘‘(3) deprives any Indian or any Indian tribe, band, or 
community of any right, privilege, or immunity afforded 
under Federal treaty, agreement, or statute with respect to 
hunting, trapping, or fishing or the control, licensing, or 
regulation thereof. 
‘‘(c) NONAPPLICATION.—Sections 872 and 873 do not apply 
within the areas of Indian country listed in subsection (a) as 
areas over which a State has exclusive jurisdiction. 
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389 
‘‘§ 875. Embezzlement and theft from Indian tribal 
organizations 
‘‘(a) OFFENSE.—Whoever embezzles, steals, unlawfully con-
verts, knowingly misapplies, or knowingly permits to be mis-
applied, any of the property belonging to any Indian tribal or-
ganization or entrusted to the custody or care of any officer, 
employee, or agent of an Indian tribal organization shall be im-
prisoned not more than five years; but if the value of such 
property does not exceed the sum of $1,000, shall be impris-
oned not more than one year. 
‘‘(b) DEFINITION.—As used in this section, the term ‘Indian 
tribal organization’ means any tribe, band, or community of In-
dians which is subject to the laws of the United States relating 
to Indian affairs or any corporation, association, or group 
which is organized under any of such laws. 
‘‘§ 876. Theft from gaming establishments on In-
dian lands 
‘‘Whoever abstracts, purloins, knowingly misapplies, or takes 
and carries away with intent to steal, any money, funds, or 
other property belonging to a gaming establishment operated 
by or for or licensed by an Indian tribe pursuant to an ordi-
nance or resolution approved by the National Indian Gaming 
Commission shall be imprisoned for not more than ten years, 
but if the value of such property does not exceed $1,000, shall 
be imprisoned not more than one year. 
‘‘§ 877. Theft by officers or employees of gaming 
establishments on Indian lands 
‘‘Whoever, being an officer, employee, or individual licensee 
of a gaming establishment operated by or for or licensed by an 
Indian tribe pursuant to an ordinance or resolution approved 
by the National Indian Gaming Commission, embezzles, ab-
stracts, purloins, knowingly misapplies, or takes and carries 
away with intent to steal, any moneys, funds, assets, or other 
property of such establishment shall be imprisoned for not 
more than 20 years, but if the value of such property is $1,000 
or less shall be imprisoned not more than five years. 
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‘‘§ 878. Reporting of child abuse 
‘‘(a) BASIC REPORTING OFFENSE.—Whoever— 
‘‘(1) is a— 
‘‘(A) physician, surgeon, dentist, podiatrist, chiro-
practor, nurse, dental hygienist, optometrist, medical 
examiner, emergency medical technician, paramedic, or 
health care provider, 
‘‘(B) teacher, school counselor, instructional aide, 
teacher’s aide, teacher’s assistant, or bus driver em-
ployed by any tribal, Federal, public or private school, 
‘‘(C) administrative officer, supervisor of child wel-
fare and attendance, or truancy officer of any tribal, 
Federal, public or private school, 
‘‘(D) child day care worker, headstart teacher, public 
assistance worker, worker in a group home or residen-
tial or day care facility, or social worker, 
‘‘(E) psychiatrist, psychologist, or psychological as-
sistant, 
‘‘(F) licensed or unlicensed marriage, family, or child 
counselor, 
‘‘(G) person employed in the mental health profes-
sion, or 
‘‘(H) law enforcement officer, probation officer, 
worker in a juvenile rehabilitation or detention facility, 
or person employed in a public agency who is respon-
sible for enforcing statutes and judicial orders; 
‘‘(2) knows, or has reasonable suspicion, that— 
‘‘(A) a child was abused in Indian country, or 
‘‘(B) actions are being taken, or are going to be 
taken, that would reasonably be expected to result in 
abuse of a child in Indian country; and 
‘‘(3) fails to immediately report such abuse or actions de-
scribed in paragraph (2) to the local child protective serv-
ices agency or local law enforcement agency, 
shall be imprisoned for not more than 6 months. 
‘‘(b) OFFENSE BY SUPERVISORS.—Whoever— 
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391 
‘‘(1) supervises, or has authority over, a person described 
in subsection (a)(1), and 
‘‘(2) inhibits or prevents that person from making the re-
port described in subsection (a), 
shall be imprisoned for not more than 6 months. 
‘‘(c) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘abuse’ includes— 
‘‘(A) any case in which— 
‘‘(i) a child is dead or exhibits evidence of skin 
bruising, bleeding, malnutrition, failure to thrive, 
burns, fracture of any bone, subdural hematoma, 
soft tissue swelling, and 
‘‘(ii) such condition is not justifiably explained or 
may not be the product of an accidental occurrence; 
and 
‘‘(B) any case in which a child is subjected to sexual 
assault, sexual molestation, sexual exploitation, sexual 
contact, or prostitution; 
‘‘(2) the term ‘child’ means an individual who— 
‘‘(A) is not married, and 
‘‘(B) has not attained 18 years of age; 
‘‘(3) the term ‘local child protective services agency’ 
means that agency of the Federal Government, of a State, 
or of an Indian tribe that has the primary responsibility for 
child protection on any Indian reservation or within any 
community in Indian country; and 
‘‘(4) the term ‘local law enforcement agency’ means that 
Federal, tribal, or State law enforcement agency that has 
the primary responsibility for the investigation of an in-
stance of alleged child abuse within the portion of Indian 
country involved. 
‘‘(d) IMMUNITY FROM CIVIL OR CRIMINAL LIABILITY FOR 
REPORTING.—Any person making a report described in sub-
section (a) which is based upon their reasonable belief and 
which is made in good faith shall be immune from civil or 
criminal liability for making that report. 
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392 
‘‘§ 879. Illegal 
trafficking 
in 
Native 
American 
human remains and cultural items 
‘‘(a) HUMAN
REMAINS.—Whoever knowingly sells, pur-
chases, uses for profit, or transports for sale or profit, the 
human remains of a Native American without the right of pos-
session to those remains as provided in the Native American 
Graves Protection and Repatriation Act shall be imprisoned not 
more than 12 months, and in the case of a second or subse-
quent violation, be imprisoned not more than 5 years. 
‘‘(b) CULTURAL
ITEMS.—Whoever knowingly sells, pur-
chases, uses for profit, or transports for sale or profit any Na-
tive American cultural items obtained in violation of the Native 
American Grave Protection and Repatriation Act shall be im-
prisoned not more than one year, and in the case of a second 
or subsequent violation, be imprisoned not more than 5 years. 
‘‘SUBCHAPTER D—BANKRUPTCY 
‘‘Sec. 
‘‘881.
Concealment of assets; false oaths and claims; bribery. 
‘‘882.
Embezzlement against estate. 
‘‘883.
Adverse interest and conduct of officers. 
‘‘884.
Fee agreements in cases under title 11 and receiverships. 
‘‘885.
Bankruptcy fraud. 
‘‘886.
Designation of United States attorneys and agents of the Federal 
Bureau of Investigation to address abusive reaffirmations of debt 
and materially fraudulent statements in bankruptcy schedules. 
‘‘887.
Definition. 
‘‘§ 881. Concealment of assets; false oaths and 
claims; bribery 
‘‘Whoever— 
‘‘(1) knowingly conceals from a custodian, trustee, mar-
shal, or other officer of the court charged with the control 
or custody of property, or, in connection with a case under 
title 11, from creditors or the United States Trustee, any 
property belonging to the estate of a debtor; 
‘‘(2) knowingly makes a false oath or account in or in 
relation to any case under title 11; 
‘‘(3) knowingly makes a false declaration, certificate, 
verification, or statement under penalty of perjury as per-
mitted under section 1746 of title 28, in or in relation to 
any case under title 11; 
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393 
‘‘(4) knowingly presents any false claim for proof against 
the estate of a debtor, or uses any such claim in any case 
under title 11, in a personal capacity or as or through an 
agent, proxy, or attorney; 
‘‘(5) knowingly receives any material amount of property 
from a debtor after the filing of a case under title 11, with 
intent to defeat the provisions of title 11; 
‘‘(6) knowingly and corruptly gives, offers, receives, or 
attempts to obtain any money or property, remuneration, 
compensation, reward, advantage, or promise thereof for 
acting or forbearing to act in any case under title 11; 
‘‘(7) in a personal capacity or as an agent or officer of 
any person or corporation, in contemplation of a case under 
title 11 by or against the person or any other person or 
corporation, or with intent to defeat the provisions of title 
11, knowingly transfers or conceals any of his property or 
the property of such other person or corporation; 
‘‘(8) after the filing of a case under title 11 or in con-
templation thereof, knowingly conceals, destroys, mutilates, 
falsifies, or makes a false entry in any recorded information 
(including books, documents, records, and papers) relating 
to the property or financial affairs of a debtor; or 
‘‘(9) after the filing of a case under title 11, knowingly 
withholds from a custodian, trustee, marshal, or other offi-
cer of the court or a United States Trustee entitled to its 
possession, any recorded information (including books, doc-
uments, records, and papers) relating to the property or fi-
nancial affairs of a debtor, 
shall be imprisoned not more than 5 years. 
‘‘§ 882. Embezzlement against estate 
‘‘(a) OFFENSE.—Whoever, being described in subsection (b), 
knowingly and unlawfully appropriates to the person’s own use, 
embezzles, spends, or transfers any property or secretes or de-
stroys any document belonging to the estate of a debtor shall 
be imprisoned not more than 5 years. 
‘‘(b) PERSON TO WHOM SECTION APPLIES.—A person de-
scribed in this subsection is one who has access to property or 
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documents belonging to an estate by virtue of the person’s par-
ticipation in the administration of the estate as a trustee, cus-
todian, marshal, attorney, or other officer of the court or as an 
agent, employee, or other person engaged by such an officer to 
perform a service with respect to the estate. 
‘‘§ 883. Adverse interest and conduct of officers 
‘‘Whoever, being a custodian, trustee, marshal, or other offi-
cer of the court— 
‘‘(1) knowingly purchases any property of the estate of 
which the person is such an officer in a case under title 11; 
‘‘(2) knowingly refuses to permit a reasonable oppor-
tunity for the inspection by parties in interest of the docu-
ments and accounts relating to the affairs of estates in the 
person’s charge by parties when directed by the court to do 
so; or 
‘‘(3) knowingly refuses to permit a reasonable oppor-
tunity for the inspection by the United States Trustee of 
the documents and accounts relating to the affairs of an 
estate in the person’s charge, 
shall be fined under this title and shall forfeit the person’s of-
fice, which shall thereupon become vacant. 
‘‘§ 884. Fee agreements in cases under title 11 and 
receiverships 
‘‘Whoever, being a party in interest, whether as a debtor, 
creditor, receiver, trustee or representative of any of them, or 
attorney for any such party in interest, in any receivership or 
case under title 11 in any United States court or under its su-
pervision, knowingly and corruptly enters into any agreement, 
express or implied, with another such party in interest or attor-
ney for another such party in interest, for the purpose of fixing 
the fees or other compensation to be paid to any party in inter-
est or to any attorney for any party in interest for services ren-
dered in connection therewith, from the assets of the estate, 
shall be imprisoned not more than one year. 
‘‘§ 885. Bankruptcy fraud 
‘‘Whoever for the purpose of executing or concealing a 
scheme or artifice to defraud— 
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‘‘(1) files a petition under title 11, including a fraudulent 
involuntary bankruptcy petition under section 303 of such 
title; 
‘‘(2) files a document in a proceeding under title 11; or 
‘‘(3) makes a false or fraudulent representation, claim, 
or promise concerning or in relation to a proceeding under 
title 11, at any time before or after the filing of the peti-
tion, or in relation to a proceeding falsely asserted to be 
pending under such title, 
shall be imprisoned not more than 5 years. 
‘‘§ 886. Designation of United States attorneys and 
agents of the Federal Bureau of Investiga-
tion to address abusive reaffirmations of 
debt and materially fraudulent statements 
in bankruptcy schedules 
‘‘(a) IN GENERAL.—The Attorney General of the United 
States shall designate the individuals described in subsection 
(b) to have primary responsibility in carrying out enforcement 
activities in addressing violations of section 871 or 875 relating 
to abusive reaffirmations of debt. In addition to addressing the 
violations referred to in the preceding sentence, the individuals 
described under subsection (b) shall address violations of sec-
tion 871 or 875 relating to materially fraudulent statements in 
bankruptcy schedules that are intentionally false or inten-
tionally misleading. 
‘‘(b) UNITED STATES ATTORNEYS
AND AGENTS
OF
THE 
FEDERAL BUREAU OF INVESTIGATION.—The individuals re-
ferred to in subsection (a) are— 
‘‘(1) the United States attorney for each judicial district 
of the United States; and 
‘‘(2) an agent of the Federal Bureau of Investigation for 
each field office of the Federal Bureau of Investigation. 
‘‘(c) BANKRUPTCY INVESTIGATIONS.—Each United States 
attorney designated under this section shall, in addition to any 
other responsibilities, have primary responsibility for carrying 
out the duties of a United States attorney under section 3057. 
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‘‘(d) BANKRUPTCY PROCEDURES.—The bankruptcy courts 
shall establish procedures for referring any case that may con-
tain a materially fraudulent statement in a bankruptcy sched-
ule to the individuals designated under this section. 
‘‘§ 887. Definition 
‘‘As used in this subchapter, the term ‘debtor’ means a debt-
or concerning whom a petition has been filed under title 11. 
‘‘SUBCHAPTER E—CIVIL RIGHTS 
‘‘Sec. 
‘‘891.
Conspiracy against rights. 
‘‘892.
Deprivation of rights under color of law. 
‘‘893.
Exclusion of jurors on account of race or color. 
‘‘894.
Discrimination against person wearing uniform of armed forces. 
‘‘895.
Federally protected activities. 
‘‘896.
Deprivation of relief benefits. 
‘‘897.
Damage to religious property; obstruction of persons in the free ex-
ercise of religious beliefs. 
‘‘898.
Freedom of access to clinic entrances. 
‘‘899.
Voting Rights Act violations. 
‘‘900.
Prevention of intimidation in fair housing cases. 
‘‘§ 891. Conspiracy against rights 
‘‘If two or more persons— 
‘‘(1) conspire to injure, oppress, threaten, or intimidate 
any person in any State in the free exercise or enjoyment 
of any right or privilege secured to that person by the Con-
stitution or laws of the United States, or because of that 
person’s having so exercised the same; or 
‘‘(2) go in disguise on the highway, or on the premises 
of another, with intent to prevent or hinder that other’s 
free exercise or enjoyment of any right or privilege so se-
cured; 
each shall be imprisoned not more than ten years; and if death 
results from the acts committed in violation of this section or 
if such acts include kidnapping or an attempt to kidnap, aggra-
vated sexual abuse or an attempt to commit aggravated sexual 
abuse, or an attempt to kill, each shall be imprisoned for any 
term of years or for life, or may be sentenced to death. 
‘‘§ 892. Deprivation of rights under color of law 
‘‘Whoever, under color of any law, statute, ordinance, regula-
tion, or custom, knowingly subjects any person in any State to 
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the deprivation of any rights, privileges, or immunities secured 
or protected by the Constitution or laws of the United States, 
or to different punishments, pains, or penalties, on account of 
such person being an alien, or by reason of his color, or race, 
than are prescribed for the punishment of citizens, shall be im-
prisoned not more than one year; and if bodily injury results 
from the acts committed in violation of this section or if such 
acts include the use, attempted use, or threatened use of a dan-
gerous weapon, explosives, or fire, shall be imprisoned not more 
than ten years; and if death results from the acts committed 
in violation of this section or if such acts include kidnapping 
or an attempt to kidnap, aggravated sexual abuse, or an at-
tempt to commit aggravated sexual abuse, or an attempt to 
kill, shall be imprisoned for any term of years or for life, or 
may be sentenced to death. 
‘‘§ 893. Exclusion of jurors on account of race or 
color 
‘‘No citizen possessing all other qualifications which are or 
may be prescribed by law shall be disqualified for service as 
grand or petit juror in any court of the United States, or of 
any State on account of race, color, or previous condition of 
servitude; and whoever, being an officer or other person 
charged with any duty in the selection or summoning of jurors, 
excludes or fails to summon any citizen for such cause, shall 
be fined not more than $5,000. 
‘‘§ 894. Discrimination 
against 
person 
wearing 
uniform of armed forces 
‘‘Whoever, being a proprietor, manager, or employee of a 
theater or other public place of entertainment or amusement in 
the District of Columbia, or in any territory, or possession of 
the United States, causes any person wearing the uniform of 
any of the armed forces of the United States to be discrimi-
nated against because of that uniform, shall be fined under this 
title. 
‘‘§ 895. Federally protected activities 
‘‘(a) CONSTRUCTION.— 
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‘‘(1) Nothing in this section shall be construed as indi-
cating an intent on the part of Congress to prevent any 
State, any possession or Commonwealth of the United 
States, or the District of Columbia, from exercising juris-
diction over any offense over which it would have jurisdic-
tion in the absence of this section, nor shall anything in 
this section be construed as depriving State and local law 
enforcement authorities of responsibility for prosecuting 
acts that may be violations of this section and that are vio-
lations of State and local law. No prosecution of any of-
fense described in this section shall be undertaken by the 
United States except upon the certification in writing of 
the Attorney General, the Deputy Attorney General, the 
Associate Attorney General, or any Assistant Attorney Gen-
eral specially designated by the Attorney General that in 
his judgment a prosecution by the United States is in the 
public interest and necessary to secure substantial justice, 
which function of certification may not be delegated. 
‘‘(2) Nothing in this subsection shall be construed to 
limit the authority of Federal officers, or a Federal grand 
jury, to investigate possible violations of this section. 
‘‘(b) OFFENSE.—Whoever by force or threat of force know-
ingly injures, intimidates or interferes with— 
‘‘(1) any person because he is or has been, or in order 
to intimidate such person or any other person or any class 
of persons from— 
‘‘(A) voting or qualifying to vote, qualifying or cam-
paigning as a candidate for elective office, or qualifying 
or acting as a poll watcher, or any legally authorized 
election official, in any primary, special, or general elec-
tion; 
‘‘(B) participating in or enjoying any benefit, service, 
privilege, program, facility, or activity provided or ad-
ministered by the United States; 
‘‘(C) applying for or enjoying employment, or any 
perquisite thereof, by any agency of the United States; 
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‘‘(D) serving, or attending upon any court in connec-
tion with possible service, as a grand or petit juror in 
any court of the United States; or 
‘‘(E) participating in or enjoying the benefits of any 
program or activity receiving Federal financial assist-
ance; 
‘‘(2) any person because of his race, color, religion or na-
tional origin and because he is or has been— 
‘‘(A) enrolling in or attending any public school or 
public college; 
‘‘(B) participating in or enjoying any benefit service, 
privilege, program, facility or activity provided or ad-
ministered by any State or subdivision thereof; 
‘‘(C) applying for or enjoying employment, or any 
perquisite thereof, by any private employer or any 
agency of any State or subdivision thereof, or joining 
or using the services or advantages of any labor organi-
zation, hiring hall, or employment agency; 
‘‘(D) serving, or attending upon any court of any 
State in connection with possible service, as a grand or 
petit juror; 
‘‘(E) traveling in or using any facility of interstate 
commerce, or using any vehicle, terminal, or facility of 
any common carrier by motor, rail, water, or air; 
‘‘(F) enjoying the goods, services, facilities, privi-
leges, advantages, or accommodations of any inn, hotel, 
motel, or other establishment which provides lodging to 
transient guests, or of any restaurant, cafeteria, lunch-
room, lunch counter, soda fountain, or other facility 
which serves the public and which is principally en-
gaged in selling food or beverages for consumption on 
the premises, or of any gasoline station, or of any mo-
tion picture house, theater, concert hall, sports arena, 
stadium, or any other place of exhibition or entertain-
ment which serves the public, or of any other establish-
ment which serves the public and (i) which is located 
within the premises of any of the aforesaid establish-
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ments or within the premises of which is physically lo-
cated any of the aforesaid establishments, and (ii) 
which holds itself out as serving patrons of such estab-
lishments; 
‘‘(3) during or incident to a riot or civil disorder, any 
person engaged in a business in commerce or affecting 
commerce, including, but not limited to, any person en-
gaged in a business which sells or offers for sale to inter-
state travelers a substantial portion of the articles, com-
modities, or services which it sells or where a substantial 
portion of the articles or commodities which it sells or of-
fers for sale have moved in commerce; or 
‘‘(4) any person because that person is or has been, or 
in order to intimidate such person or any other person or 
any class of persons from— 
‘‘(A) participating, without discrimination on account 
of race, color, religion or national origin, in any of the 
benefits or activities described in subparagraphs (1)(A) 
through (1)(E) or subparagraphs (2)(A) through 
(2)(F); or 
‘‘(B) affording another person or class of persons op-
portunity or protection to so participate; or 
‘‘(5) any citizen because that person is or has been, or 
in order to intimidate such citizen or any other citizen from 
lawfully aiding or encouraging other persons to participate, 
without discrimination on account of race, color, religion or 
national origin, in any of the benefits or activities described 
in subparagraphs (1)(A) through (1)(E) or subparagraphs 
(2)(A) through (2)(F), or participating lawfully in speech 
or peaceful assembly opposing any denial of the opportunity 
to so participate— 
shall be imprisoned not more than one year; and if bodily in-
jury results from the acts committed in violation of this section 
or if such acts include the use, attempted use, or threatened 
use of a dangerous weapon, explosives, or fire, shall be impris-
oned not more than ten years; and if death results from the 
acts committed in violation of this section or if such acts in-
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clude kidnapping or an attempt to kidnap, aggravated sexual 
abuse or an attempt to commit aggravated sexual abuse, or an 
attempt to kill, shall be imprisoned for any term of years or 
for life or may be sentenced to death. 
‘‘(c) DEFINITION.—As used in this section, the term ‘partici-
pating lawfully in speech or peaceful assembly’ shall not mean 
the aiding, abetting, or inciting of other persons to riot or to 
commit any act of physical violence upon any individual or 
against any real or personal property in furtherance of a riot. 
Nothing in subparagraph (2)(F) or (4)(A) of this subsection 
shall apply to the proprietor of any establishment which pro-
vides lodging to transient guests, or to any employee acting on 
behalf of such proprietor, with respect to the enjoyment of the 
goods, services, facilities, privileges, advantages, or accommoda-
tions of such establishment if such establishment is located 
within a building which contains not more than five rooms for 
rent or hire and which is actually occupied by the proprietor 
as the proprietor’s residence. 
‘‘(d) LAW ENFORCEMENT DUTIES NOT AFFECTED.—Noth-
ing in this section shall be construed so as to deter any law 
enforcement officer from lawfully carrying out the duties of his 
office; and no law enforcement officer shall be considered to be 
in violation of this section for lawfully carrying out the duties 
of his office or lawfully enforcing ordinances and laws of the 
United States, the District of Columbia, any of the several 
States, or any political subdivision of a State. For purposes of 
the preceding sentence, the term ‘law enforcement officer’ 
means any officer of the United States, the District of Colum-
bia, a State, or political subdivision of a State, who is empow-
ered by law to conduct investigations of, or make arrests be-
cause of, offenses against the United States, the District of Co-
lumbia, a State, or a political subdivision of a State. 
‘‘§ 896. Deprivation of relief benefits 
‘‘Whoever directly or indirectly deprives, attempts to deprive, 
or threatens to deprive any person of any employment, position, 
work, compensation, or other benefit provided for or made pos-
sible in whole or in part by any Act of Congress appropriating 
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funds for work relief or relief purposes, on account of political 
affiliation, race, color, sex, religion, or national origin, shall be 
imprisoned not more than one year. 
‘‘§ 897. Damage to religious property; obstruction 
of persons in the free exercise of religious 
beliefs 
‘‘(a) RELIGIOUS PROPERTY OFFENSE RELATING TO RELI-
GIOUS CHARACTER.—Whoever, in or affecting interstate or for-
eign commerce— 
‘‘(1) knowingly defaces, damages, or destroys any reli-
gious real property, because of the religious character of 
that property; or 
‘‘(2) knowingly obstructs, by force or threat of force, any 
person in the enjoyment of that person’s free exercise of re-
ligious beliefs; 
shall be punished as provided in subsection (c). 
‘‘(b) PROPERTY OFFENSE MOTIVATED
BY RACIAL
AND 
OTHER CHARACTERISTICS.—Whoever knowingly defaces, dam-
ages, or destroys any religious real property because of the 
race, color, or ethnic characteristics of any individual associated 
with that religious property, shall be punished as provided in 
subsection (c). 
‘‘(c) PUNISHMENT.—The punishment for a violation of sub-
section (a) is— 
‘‘(1) if death results from acts committed in violation of 
this section or if such acts include kidnapping or an at-
tempt to kidnap, aggravated sexual abuse or an attempt to 
commit aggravated sexual abuse, or an attempt to kill, im-
prisonment for any term of years or for life, or death; 
‘‘(2) if bodily injury results to any person, including any 
public safety officer performing duties as a direct or proxi-
mate result of conduct prohibited by this section, and the 
violation is by means of fire or an explosive, or imprison-
ment for more that 40 years; 
‘‘(3) if bodily injury to any person, including any public 
safety officer performing duties as a direct or proximate re-
sult of conduct prohibited by this section, results from the 
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acts committed in violation of this section or if such acts 
include the use, attempted use, or threatened use of a dan-
gerous weapon, explosives, or fire, imprisonment for not 
more than 20 years; and 
‘‘(4) in any other case, imprisonment for not more than 
one year. 
‘‘(d) CERTIFICATION.—No prosecution of any offense de-
scribed in this section shall be undertaken by the United States 
except upon the certification in writing of the Attorney General 
or his designee that in his judgment a prosecution by the 
United States is in the public interest and necessary to secure 
substantial justice. 
‘‘(e) DEFINITION.—As used in this section, the term ‘reli-
gious real property’ means any church, synagogue, mosque, re-
ligious cemetery, or other religious real property, including fix-
tures or religious objects contained within a place of religious 
worship. 
‘‘(f) LIMITATION.—No person shall be prosecuted, tried, or 
punished for any noncapital offense under this section unless 
the indictment is found or the information is instituted not 
later than 7 years after the date on which the offense was com-
mitted. 
‘‘§ 898. Freedom of access to clinic entrances 
‘‘(a) PROHIBITED ACTIVITIES.—Whoever— 
‘‘(1) by force or threat of force or by physical obstruc-
tion, knowingly injures, intimidates or interferes with any 
person because that person is or has been, or in order to 
intimidate such person or any other person or any class of 
persons from, obtaining or providing reproductive health 
services; 
‘‘(2) by force or threat of force or by physical obstruc-
tion, knowingly injures, intimidates or interferes with any 
person lawfully exercising or seeking to exercise the First 
Amendment right of religious freedom at a place of reli-
gious worship; or 
‘‘(3) knowingly damages or destroys the property of a fa-
cility, or attempts to do so, because such facility provides 
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reproductive health services, or knowingly damages or de-
stroys the property of a place of religious worship, 
shall be subject to the penalties provided in subsection (b) and 
the civil remedies provided in subsection (c), except that a par-
ent or legal guardian of a minor shall not be subject to any 
penalties or civil remedies under this section for such activities 
insofar as they are directed exclusively at that minor. 
‘‘(b) PENALTIES.—Whoever violates this section shall— 
‘‘(1) in the case of a first offense, be imprisoned not 
more than one year; and 
‘‘(2) in the case of a second or subsequent offense after 
a prior conviction under this section, be imprisoned not 
more than 3 years; 
except that for an offense involving exclusively a nonviolent 
physical obstruction, the fine shall, notwithstanding section 
3571, not be more than $10,000 and the length of imprison-
ment shall be not more than six months, or both, for the first 
offense; and the fine shall, notwithstanding section 3571, be 
not more than $25,000 and the length of imprisonment shall 
be not more than 18 months, or both, for a subsequent offense; 
and except that if bodily injury results, the length of imprison-
ment shall be not more than 10 years, and if death results, it 
shall be for any term of years or for life. 
‘‘(c) CIVIL REMEDIES.— 
‘‘(1) RIGHT OF ACTION.— 
‘‘(A) IN GENERAL.—Any person aggrieved by reason 
of the conduct prohibited by subsection (a) may com-
mence a civil action for the relief set forth in subpara-
graph (B), except that such an action may be brought 
under subsection (a)(1) only by a person involved in 
providing or seeking to provide, or obtaining or seeking 
to obtain, services in a facility that provides reproduc-
tive health services, and such an action may be brought 
under subsection (a)(2) only by a person lawfully exer-
cising or seeking to exercise the First Amendment right 
of religious freedom at a place of religious worship or 
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by the entity that owns or operates such place of reli-
gious worship. 
‘‘(B) RELIEF.—In any action under subparagraph 
(A), the court may award appropriate relief, including 
temporary, preliminary or permanent injunctive relief 
and compensatory and punitive damages, as well as the 
costs of suit and reasonable fees for attorneys and ex-
pert witnesses. With respect to compensatory damages, 
the plaintiff may elect, at any time prior to the ren-
dering of final judgment, to recover, in lieu of actual 
damages, an award of statutory damages in the 
amount of $5,000 per violation. 
‘‘(2) ACTION BY ATTORNEY GENERAL OF THE UNITED 
STATES.— 
‘‘(A) IN GENERAL.—If the Attorney General of the 
United States has reasonable cause to believe that any 
person or group of persons is being, has been, or may 
be injured by conduct constituting a violation of this 
section, the Attorney General may commence a civil ac-
tion in any appropriate United States District Court. 
‘‘(B) RELIEF.—In any action under subparagraph 
(A), the court may award appropriate relief, including 
temporary, preliminary or permanent injunctive relief, 
and compensatory damages to persons aggrieved as de-
scribed in paragraph (1)(B). The court, to vindicate the 
public interest, may also assess a civil penalty against 
each respondent— 
‘‘(i) in an amount not exceeding $10,000 for a 
nonviolent physical obstruction and $15,000 for 
other first violations; and 
‘‘(ii) in an amount not exceeding $15,000 for a 
nonviolent physical obstruction and $25,000 for 
any other subsequent violation. 
‘‘(3) ACTIONS BY STATE ATTORNEYS GENERAL.— 
‘‘(A) IN GENERAL.—If the Attorney General of a 
State has reasonable cause to believe that any person 
or group of persons is being, has been, or may be in-
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jured by conduct constituting a violation of this section, 
such Attorney General may commence a civil action in 
the name of such State, as parens patriae on behalf of 
natural persons residing in such State, in any appro-
priate United States District Court. 
‘‘(B) RELIEF.—In any action under subparagraph 
(A), the court may award appropriate relief, including 
temporary, preliminary or permanent injunctive relief, 
compensatory damages, and civil penalties as described 
in paragraph (2)(B). 
‘‘(d) RULES OF CONSTRUCTION.—Nothing in this section 
shall be construed— 
‘‘(1) to prohibit any expressive conduct (including peace-
ful picketing or other peaceful demonstration) protected 
from legal prohibition by the First Amendment to the Con-
stitution; 
‘‘(2) to create new remedies for interference with activi-
ties protected by the free speech or free exercise clauses of 
the First Amendment to the Constitution, occurring outside 
a facility, regardless of the point of view expressed, or to 
limit any existing legal remedies for such interference; 
‘‘(3) to provide exclusive criminal penalties or civil rem-
edies with respect to the conduct prohibited by this section, 
or to preempt State or local laws that may provide such 
penalties or remedies; or 
‘‘(4) to interfere with the enforcement of State or local 
laws regulating the performance of abortions or other re-
productive health services. 
‘‘(e) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘facility’ includes a hospital, clinic, physi-
cian’s office, or other facility that provides reproductive 
health services, and includes the building or structure in 
which the facility is located; 
‘‘(2) the term ‘interfere with’ means to restrict a per-
son’s freedom of movement; 
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‘‘(3) the term ‘intimidate’ means to place a person in 
reasonable apprehension of bodily harm to him-or herself or 
to another; 
‘‘(4) the term ‘physical obstruction’ means rendering im-
passable ingress to or egress from a facility that provides 
reproductive health services or to or from a place of reli-
gious worship, or rendering passage to or from such a facil-
ity or place of religious worship unreasonably difficult or 
hazardous; and 
‘‘(5) the term ‘reproductive health services’ means repro-
ductive health services provided in a hospital, clinic, physi-
cian’s office, or other facility, and includes medical, sur-
gical, counselling or referral services relating to the human 
reproductive system, including services relating to preg-
nancy or the termination of a pregnancy. 
‘‘§ 899. Voting Rights Act violations 
‘‘(a) Whoever deprives any person of any right secured by 
section 2, 3, 4, 5, 7, or 10 of the Voting Rights Act of 1965 
or violates section 11(a) of such Act, shall be imprisoned not 
more than five years. 
‘‘(b) Whoever, within a year following an election in a polit-
ical subdivision in which an examiner has been appointed under 
the Voting Rights Act of 1965— 
‘‘(1) destroys, defaces, mutilates, or otherwise alters the 
marking of a paper ballot which has been cast in such elec-
tion; or 
‘‘(2) alters any official record of voting in such election 
tabulated from a voting machine or otherwise; 
shall be imprisoned not more than five years. 
‘‘(c) Whoever conspires to violate subsection (a) or (b) of sec-
tion 12 of the Voting Rights Act of 1965, or interferes with 
any right secured by section 2, 3, 4, 5, 7, 10, or 11(a) of such 
Act shall be imprisoned not more than five years. 
‘‘§900. Prevention of intimidation in fair housing 
cases 
‘‘Whoever by force or threat of force willfully injures, intimi-
dates or interferes with— 
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‘‘(1) any person because of that person’s race, color, reli-
gion, sex, handicap (as such term is defined in section 802 
of the Fair Housing Act), familial status (as such term is 
defined in section 802 of that Act), or national origin and 
because that person is or has been selling, purchasing, 
renting, financing, occupying, or contracting or negotiating 
for the sale, purchase, rental, financing or occupation of 
any dwelling, or applying for or participating in any serv-
ice, organization, or facility relating to the business of sell-
ing or renting dwellings; or 
‘‘(2) any person because that person is or has been, or 
in order to intimidate such person or any other person or 
any class of persons from— 
‘‘(A) participating, without discrimination on account 
of race, color, religion, sex, handicap (as such term is 
defined in section 802 of the Fair Housing Act), famil-
ial status (as such term is defined in section 802 of 
that Act), or national origin, in any of the activities, 
services, organizations or facilities described in section 
901(a) of that Act; 
‘‘(B) affording another person or class of persons op-
portunity or protection so to participate; or 
‘‘(C) any citizen because that citizen is or has been, 
or in order to discourage such citizen or any other cit-
izen from lawfully aiding or encouraging other persons 
to participate, without discrimination on account of 
race, color, religion, sex, handicap (as such term is de-
fined in section 802 of the Fair Housing Act), familial 
status (as such term is defined in section 802 of that 
Act), or national origin, in any of the activities, serv-
ices, organizations or facilities described in subsection 
901(a), or participating lawfully in speech or peaceful 
assembly opposing any denial of the opportunity to so 
participate; 
shall be imprisoned not more than one year; and if bodily in-
jury results from the acts committed in violation of this section 
or if such acts include the use, attempted use, or threatened 
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use of a dangerous weapon, explosives, or fire shall be impris-
oned not more than ten years; and if death results from the 
acts committed in violation of this section or if such acts in-
clude kidnapping or an attempt to kidnap, aggravated sexual 
abuse or an attempt to commit aggravated sexual abuse, or an 
attempt to kill, shall be imprisoned for any term of years or 
for life. 
‘‘SUBCHAPTER F—FOREIGN RELATIONS 
‘‘Sec. 
‘‘921.
Agents of foreign governments. 
‘‘922.
Diplomatic codes and correspondence. 
‘‘923.
False statements influencing foreign government. 
‘‘924.
Conspiracy to kill, kidnap, maim, or injure persons or damage prop-
erty in a foreign country. 
‘‘925.
Enlistment in foreign service. 
‘‘926.
Expedition against friendly nation. 
‘‘927.
Detention of armed vessel. 
‘‘928.
Protection of property occupied by foreign governments. 
‘‘§ 921. Agents of foreign governments 
‘‘(a) OFFENSE.—Whoever, other than a diplomatic or con-
sular officer or attache, acts in the United States as an agent 
of a foreign government without prior notification to the Attor-
ney General if required in subsection (b), shall be imprisoned 
not more than ten years. 
‘‘(b) RULES
AND REGULATIONS.—The Attorney General 
shall promulgate rules and regulations establishing require-
ments for notification. 
‘‘(c) TRANSMISSION.—The Attorney General shall, upon re-
ceipt, promptly transmit one copy of each notification state-
ment filed under this section to the Secretary of State for such 
comment and use as the Secretary of State may determine to 
be appropriate from the point of view of the foreign relations 
of the United States. Failure of the Attorney General to do so 
shall not be a bar to prosecution under this section. 
‘‘(d) DEFINITION.—As used in this section, the term ‘agent 
of a foreign government’ means an individual who agrees to op-
erate within the United States subject to the direction or con-
trol of a foreign government or official, except that such term 
does not include— 
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‘‘(1) a duly accredited diplomatic or consular officer of 
a foreign government, who is so recognized by the Depart-
ment of State; 
‘‘(2) any officially and publicly acknowledged and spon-
sored official or representative of a foreign government; 
‘‘(3) any officially and publicly acknowledged and spon-
sored member of the staff of, or employee of, an officer, of-
ficial, or representative described in paragraph (1) or (2), 
who is not a United States citizen; or 
‘‘(4) any person engaged in a legal commercial trans-
action. 
‘‘(e) ADDITIONAL BASIS FOR DETERMINING AGENCY.—Not-
withstanding subsection (d)(4), any person engaged in a legal 
commercial transaction shall be considered to be an agent of 
a foreign government for purposes of this section if— 
‘‘(1) such person agrees to operate within the United 
States subject to the direction or control of a foreign gov-
ernment or official; and 
‘‘(2) such person— 
‘‘(A) is an agent of Cuba or any other country that 
the President determines (and so reports to the Con-
gress) poses a threat to the national security interest 
of the United States for purposes of this section, unless 
the Attorney General, after consultation with the Sec-
retary of State, determines and so reports to the Con-
gress that the national security or foreign policy inter-
ests of the United States require that the provisions of 
this section do not apply in specific circumstances to 
agents of such country; or 
‘‘(B) has been convicted of, or has entered a plea of 
nolo contendere with respect to, any offense under sec-
tion 301 through 303, 601, or 261 of this title or 
under section 11 of the Export Administration Act of 
1979, except that the provisions of this subsection shall 
not apply to a person described in this clause for a pe-
riod of more than five years beginning on the date of 
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the conviction or the date of entry of the plea of nolo 
contendere, as the case may be. 
‘‘§ 922. Diplomatic codes and correspondence 
‘‘Whoever, by virtue of his employment by the United States, 
obtains from another or has or has had custody of or access 
to, any official diplomatic code or any matter prepared in any 
such code, or which purports to have been prepared in any such 
code, and without authorization or competent authority, know-
ingly publishes or furnishes to another any such code or mat-
ter, or any matter which was obtained while in the process of 
transmission between any foreign government and its diplo-
matic mission in the United States, shall be or imprisoned not 
more than ten years. 
‘‘§ 923. False statements influencing foreign gov-
ernment 
‘‘Whoever, in relation to any dispute or controversy between 
a foreign government and the United States, knowingly makes 
any untrue statement, either orally or in writing, under oath 
before any person authorized and empowered to administer 
oaths, which the affiant has knowledge or reason to believe will, 
or may be used to influence the measures or conduct of any 
foreign government, or of any officer or agent of any foreign 
government, to the injury of the United States, or with a view 
or intent to influence any measure of or action by the United 
States or any department or agency thereof, to the injury of 
the United States, shall be imprisoned not more than ten years. 
‘‘§ 924. Conspiracy to kill, kidnap, maim, or injure 
persons or damage property in a foreign 
country 
‘‘(a) OFFENSE AGAINST PERSONS.— 
‘‘(1) ELEMENTS.—Whoever, within the jurisdiction of 
the United States, conspires with one or more other per-
sons, regardless of where such other person or persons are 
located, to commit at any place outside the United States 
an act that would constitute the offense of murder, kidnap-
ping, or maiming if committed in the special maritime and 
territorial jurisdiction of the United States shall, if any of 
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the conspirators commits an act within the jurisdiction of 
the United States to effect any object of the conspiracy, be 
punished as provided in paragraph (2). 
‘‘(2) PUNISHMENT.—The punishment for an offense under 
paragraph (1) is— 
‘‘(A) imprisonment for any term of years or for life if the 
offense is conspiracy to murder or kidnap; and 
‘‘(B) imprisonment for not more than 35 years if the of-
fense is conspiracy to maim. 
‘‘(b) OFFENSE AGAINST PROPERTY.—Whoever, within the 
jurisdiction of the United States, conspires with one or more 
persons, regardless of where such other person or persons are 
located, to damage or destroy specific property situated within 
a foreign country and belonging to a foreign government or to 
any political subdivision thereof with which the United States 
is at peace, or any railroad, canal, bridge, airport, airfield, or 
other public utility, public conveyance, or public structure, or 
any religious, educational, or cultural property so situated, 
shall, if any of the conspirators commits an act within the ju-
risdiction of the United States to effect any object of the con-
spiracy, be imprisoned not more than 25 years. 
‘‘§ 925. Enlistment in foreign service 
‘‘(a) OFFENSE.—Whoever, within the United States, enlists 
or enters himself, or hires or retains another to enlist or enter 
himself, or to go beyond the jurisdiction of the United States 
with intent to be enlisted or entered in the service of any for-
eign prince, state, colony, district, or people as a soldier or as 
a marine or seaman on board any vessel of war, letter of 
marque, or privateer, shall be imprisoned not more than three 
years. 
‘‘(b) EXCLUSIONS.— 
‘‘(1) This section does not apply to citizens or subjects 
of any country engaged in war with a country with which 
the United States is at war, unless such citizen or subject 
of such foreign country shall hire or solicit a citizen of the 
United States to enlist or go beyond the jurisdiction of the 
United States with intent to enlist or enter the service of 
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a foreign country. Enlistments under this subsection shall 
be under regulations prescribed by the Secretary of the 
Army. 
‘‘(2) This section and sections 957 and 958 do not apply 
to any subject or citizen of any foreign prince, state, col-
ony, district, or people who is transiently within the United 
States and enlists or enters himself on board any vessel of 
war, letter of marque, or privateer, which at the time of its 
arrival within the United States was fitted and equipped as 
such, or hires or retains another subject or citizen of the 
same foreign prince, state, colony, district, or people who 
is transiently within the United States to enlist or enter 
himself to serve such foreign prince, state, colony, district, 
or people on board such vessel of war, letter of marque, or 
privateer, if the United States shall then be at peace with 
such foreign prince, state, colony, district, or people. 
‘‘§ 926. Expedition against friendly nation 
‘‘Whoever, within the United States, knowingly begins or 
sets on foot or provides or prepares a means for or furnishes 
the money for, or takes part in, any military or naval expedi-
tion or enterprise to be carried on from thence against the ter-
ritory or dominion of any foreign prince or state, or of any col-
ony, district, or people with whom the United States is at 
peace, shall be imprisoned not more than three years. 
‘‘§ 927. Detention of armed vessel 
‘‘(a) AUTHORITY OF PRESIDENT.—During a war in which 
the United States is a neutral nation, the President, or any 
person authorized by him, may detain any armed vessel owned 
wholly or in part by citizens of the United States, or any vessel, 
domestic or foreign (other than one which has entered the ports 
of the United States as a public vessel), which is manifestly 
built for warlike purposes or has been converted or adapted 
from a private vessel to one suitable for warlike use, until the 
owner or master, or person having charge of such vessel, shall 
furnish proof satisfactory to the President, or to the person 
duly authorized by him, that the vessel will not be employed to 
cruise against or commit or attempt to commit hostilities upon 
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the subjects, citizens, or property of any foreign prince or state, 
or of any colony, district, or people with which the United 
States is at peace, and that the said vessel will not be sold or 
delivered to any belligerent nation, or to an agent, officer, or 
citizen of such nation, by them or any of them, within the juris-
diction of the United States, or upon the high seas. 
‘‘(b) OFFENSE.—Whoever, in violation of this section takes, 
or attempts to take, or authorizes the taking of any such ves-
sel, out of port or from the United States, shall be imprisoned 
not more than ten years. 
‘‘(c) FORFEITURE.—In addition, such vessel, her tackle, ap-
parel, furniture, equipment, and her cargo shall be forfeited to 
the United States. 
‘‘§ 928. Protection of property occupied by foreign 
governments 
‘‘(a) PROPERTY
OFFENSE.—Whoever knowingly injures, 
damages, or destroys, or attempts to injure, damage, or de-
stroy, any property, real or personal, located within the United 
States and belonging to or utilized or occupied by any foreign 
government or international organization, by a foreign official 
or official guest, shall be imprisoned not more than five years. 
‘‘(b) THREAT
AND
HARASSMENT
OFFENSE.—Whoever, 
knowingly with intent to intimidate, coerce, threaten, or har-
ass— 
‘‘(1) forcibly thrusts any part of himself or any object 
within or upon that portion of any building or premises lo-
cated within the United States, which portion is used or oc-
cupied for official business or for diplomatic, consular, or 
residential purposes by— 
‘‘(A) a foreign government, including such use as a 
mission to an international organization; 
‘‘(B) an international organization; 
‘‘(C) a foreign official; or 
‘‘(D) an official guest; or 
‘‘(2) refuses to depart from such portion of such building 
or premises after a request— 
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‘‘(A) by an employee of a foreign government or of 
an international organization, if such employee is au-
thorized to make such request by the senior official of 
the unit of such government or organization which oc-
cupies such portion of such building or premises; 
‘‘(B) by a foreign official or any member of the for-
eign official’s staff who is authorized by the foreign of-
ficial to make such request; 
‘‘(C) by an official guest or any member of the offi-
cial guest’s staff who is authorized by the official guest 
to make such request; or 
‘‘(D) by any person present having law enforcement 
powers; 
shall be imprisoned not more than six months. 
‘‘(c) DEFINITIONS.—For the purpose of this section ‘foreign 
government’, ‘foreign official’, ‘international organization’, and 
‘official guest’ shall have the same meanings as those provided 
in section 136. 
‘‘SUBCHAPTER G—POSTAL SERVICE 
‘‘Sec. 
‘‘941.
Obstruction of mails generally. 
‘‘942.
Obstruction of correspondence. 
‘‘943.
Delay or destruction of mail or newspapers. 
‘‘944.
Keys or locks stolen or reproduced. 
‘‘945.
Destruction of letter boxes or mail. 
‘‘946.
Theft of property used by Postal Service. 
‘‘947.
Theft or receipt of stolen mail matter generally. 
‘‘948.
Theft of mail matter by officer or employee. 
‘‘949.
Misappropriation of postal funds. 
‘‘950.
Injurious articles as nonmailable. 
‘‘951.
Franking privilege. 
‘‘§ 941. Obstruction of mails generally 
‘‘Whoever knowingly obstructs the passage of the mail, or 
any carrier or conveyance carrying the mail, shall be impris-
oned not more than six months. 
‘‘§ 942. Obstruction of correspondence 
‘‘Whoever takes any letter, postal card, or package out of 
any post office or any authorized depository for mail matter, 
or from any letter or mail carrier, or which has been in any 
post office or authorized depository, or in the custody of any 
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letter or mail carrier, before it has been delivered to the person 
to whom it was directed, with intent to obstruct the cor-
respondence, or to pry into the business or secrets of another, 
or opens, secretes, embezzles, or destroys the same, shall be im-
prisoned not more than five years. 
‘‘§ 943. Delay or destruction of mail or newspapers 
‘‘(a) MAIL MATTER.—Whoever, being a Postal Service offi-
cer or employee, unlawfully secretes, destroys, detains, delays, 
or opens any letter, postal card, package, bag, or mail en-
trusted to that officer or employee or which shall come into his 
or her possession, and which was intended to be conveyed by 
mail, or carried or delivered by any carrier or other employee 
of the Postal Service, or forwarded through or delivered from 
any post office or station thereof established by authority of the 
Postmaster General or the Postal Service, shall be imprisoned 
not more than five years. 
‘‘(b) NEWSPAPER.—Whoever, being a Postal Service officer 
or employee, improperly detains, delays, or destroys any news-
paper, or permits any other person to detain, delay, or destroy 
the same, or opens, or permits any other person to open, any 
mail or package of newspapers not directed to the office where 
he is employed; or Whoever, without authority, opens, or de-
stroys any mail or package of newspapers not directed to him, 
shall be imprisoned not more than one year. 
‘‘§ 944. Keys or locks stolen or reproduced 
‘‘Whoever— 
‘‘(1) steals, purloins, embezzles, or obtains by false pre-
tense any key suited to any lock adopted by the Post Office 
Department or the Postal Service and in use on any of the 
mails or bags thereof, or any key to any lock box, lock 
drawer, or other authorized receptacle for the deposit or de-
livery of mail matter; 
‘‘(2) knowingly and unlawfully makes, forges, or counter-
feits any such key, or possesses any such mail lock or key 
with the intent unlawfully or improperly to use, sell, or oth-
erwise dispose of the same, or to cause the same to be un-
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lawfully or improperly used, sold, or otherwise disposed of; 
or 
‘‘(3) being engaged as a contractor or otherwise in the 
manufacture of any such mail lock or key, delivers any fin-
ished or unfinished lock or the interior part thereof, or key, 
used or designed for use by the department, to any person 
not duly authorized under the hand of the Postmaster Gen-
eral and the seal of the Post Office Department or the 
Postal Service, to receive the same, unless the person re-
ceiving it is the contractor for furnishing the same or en-
gaged in the manufacture thereof in the manner authorized 
by the contract, or the agent of such manufacturer; 
shall be imprisoned not more than ten years. 
‘‘§ 945. Destruction of letter boxes or mail 
‘‘Whoever knowingly injures, tears down or destroys any let-
ter box or other receptacle intended or used for the receipt or 
delivery of mail on any mail route, or breaks open the same 
or knowingly injures, defaces or destroys any mail deposited 
therein, shall be imprisoned not more than three years. 
‘‘§ 946. Theft of property used by Postal Service 
‘‘Whoever steals, purloins, or embezzles any property used by 
the Postal Service, or appropriates any such property to any 
other than its proper use, or conveys away any such property 
to the hindrance or detriment of the public service, shall be im-
prisoned not more than three years, but if the value of such 
property does not exceed $1,000, the offender shall be impris-
oned not more than one year. 
‘‘§ 947. Theft or receipt of stolen mail matter gen-
erally 
‘‘Whoever— 
‘‘(1) steals, takes, or abstracts, or by fraud or deception 
obtains, or attempts so to obtain, from or out of any mail, 
post office, or station thereof, letter box, mail receptacle, or 
any mail route or other authorized depository for mail mat-
ter, or from a letter or mail carrier, any letter, postal card, 
package, bag, or mail, or abstracts or removes from any 
such letter, package, bag, or mail, any article or thing con-
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418 
tained therein, or secretes, embezzles, or destroys any such 
letter, postal card, package, bag, or mail, or any article or 
thing contained therein; 
‘‘(2) steals, takes, or abstracts, or by fraud or deception 
obtains any letter, postal card, package, bag, or mail, or 
any article or thing contained therein which has been left 
for collection upon or adjacent to a collection box or other 
authorized depository of mail matter; or 
‘‘(3) buys, receives, or conceals, or unlawfully has in his 
possession, any letter, postal card, package, bag, or mail, 
or any article or thing contained therein, which has been 
so stolen, taken, embezzled, or abstracted, as herein de-
scribed, knowing the same to have been stolen, taken, em-
bezzled, or abstracted; 
shall be imprisoned not more than five years. 
‘‘§ 948. Theft of mail matter by officer or employee 
‘‘Whoever, being a Postal Service officer or employee, embez-
zles any letter, postal card, package, bag, or mail, or any article 
or thing contained therein entrusted to him or which comes 
into his possession intended to be conveyed by mail, or carried 
or delivered by any carrier, messenger, agent, or other person 
employed in any department of the Postal Service, or forwarded 
through or delivered from any post office or station thereof es-
tablished by authority of the Postmaster General or of the 
Postal Service; or steals, abstracts, or removes from any such 
letter, package, bag, or mail, any article or thing contained 
therein, shall be imprisoned not more than five years. 
‘‘§ 949. Misappropriation of postal funds 
‘‘(a) OFFENSE.—Whoever, being a Postal Service officer or 
employee, loans, uses, pledges, hypothecates, or converts to his 
own use, or deposits in any bank, or exchanges for other funds 
or property, except as authorized by law, any money or prop-
erty coming into his hands or under his control in any manner, 
in the execution or under color of his office, employment, or 
service, whether or not the same shall be the money or property 
of the United States; or fails or refuses to remit to or deposit 
in the Treasury of the United States or in a designated deposi-
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419 
tory, or to account for or turn over to the proper officer or 
agent, any such money or property, when required to do so by 
law or the regulations of the Postal Service, or upon demand 
or order of the Postal Service, either directly or through a duly 
authorized officer or agent, is guilty of embezzlement; and 
every such person, as well as every other person advising or 
knowingly participating therein, shall be imprisoned not more 
than ten years; but if the amount or value thereof does not ex-
ceed $1,000, he shall be imprisoned not more than one year. 
‘‘(b) EXCLUSION.—This section does not prohibit any Postal 
Service officer or employee from depositing, under the direction 
of the Postal Service, in a national bank designated by the Sec-
retary of the Treasury for that purpose, to his own credit as 
Postal Service officer or employee any funds in his charge, nor 
prevent his negotiating drafts or other evidences of debt 
through such bank, or through United States disbursing offi-
cers, or otherwise, when instructed or required so to do by the 
Postal Service, for the purpose of remitting surplus funds from 
one post office to another. 
‘‘§ 950. Injurious articles as nonmailable 
‘‘(a) IN GENERAL.—All kinds of poison, and all articles and 
compositions containing poison, and all poisonous animals, in-
sects, reptiles, and all explosives, inflammable materials, infer-
nal machines, and mechanical, chemical, or other devices or 
compositions which may ignite or explode, and all disease 
germs or scabs, and all other natural or artificial articles, com-
positions, or material which may kill or injure another, or in-
jure the mails or other property, whether or not sealed as first- 
class matter, are nonmailable matter and shall not be conveyed 
in the mails or delivered from any post office or station thereof, 
nor by any officer or employee of the Postal Service. 
‘‘(b) EXCEPTIONS.—The Postal Service may permit the 
transmission in the mails, under such rules and regulations as 
it shall prescribe as to preparation and packing, of any such 
articles which are not outwardly or of their own force dan-
gerous or injurious to life, health, or property. 
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‘‘(c) SCORPIANS.—The Postal Service is authorized and di-
rected to permit the transmission in the mails, under regula-
tions to be prescribed by it, of live scorpions which are to be 
used for purposes of medical research or for the manufacture 
of antivenom. Such regulations shall include such provisions 
with respect to the packaging of such live scorpions for trans-
mission in the mails as the Postal Service deems necessary or 
desirable for the protection of Postal Service personnel and of 
the public generally and for ease of handling by such personnel 
and by any individual connected with such research or manu-
facture. Nothing contained in this paragraph shall be construed 
to authorize the transmission in the mails of live scorpions by 
means of aircraft engaged in the carriage of passengers for 
compensation or hire. 
‘‘(d) POISONOUS
DRUGS
AND
MEDICINES.—The trans-
mission in the mails of poisonous drugs and medicines may be 
limited by the Postal Service to shipments of such articles from 
the manufacturer thereof or dealer therein to licensed physi-
cians, surgeons, dentists, pharmacists, druggists, cosmetolo-
gists, barbers, and veterinarians under such rules and regula-
tions as it shall prescribe. 
‘‘(e) POISONS FOR SCIENTIFIC USE.—The transmission in 
the mails of poisons for scientific use, and which are not out-
wardly dangerous or of their own force dangerous or injurious 
to life, health, or property, may be limited by the Postal Service 
to shipments of such articles between the manufacturers there-
of, dealers therein, bona fide research or experimental scientific 
laboratories, and such other persons who are employees of the 
Federal, a State, or local government, whose official duties are 
comprised, in whole or in part, of the use of such poisons, and 
who are designated by the head of the agency in which they 
are employed to receive or send such articles, under such rules 
and regulations as the Postal Service shall prescribe. 
‘‘(f) INTOXICATING LIQUORS.—All spirituous, vinous, malted, 
fermented, or other intoxicating liquors of any kind are non-
mailable and shall not be deposited in or carried through the 
mails. 
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‘‘(g) KNIVES.—All knives having a blade which opens auto-
matically (1) by hand pressure applied to a button or other de-
vice in the handle of the knife, or (2) by operation of inertia, 
gravity, or both, are nonmailable and shall not be deposited in 
or carried by the mails or delivered by any officer or employee 
of the Postal Service. Such knives may be conveyed in the 
mails, under such regulations as the Postal Service shall pre-
scribe— 
‘‘(1) to civilian or Armed Forces supply or procurement 
officers and employees of the Federal Government ordering, 
procuring, or purchasing such knives in connection with the 
activities of the Federal Government; 
‘‘(2) to supply or procurement officers of the National 
Guard, the Air National Guard, or militia of a State order-
ing, procuring, or purchasing such knives in connection 
with the activities of such organizations; 
‘‘(3) to supply or procurement officers or employees of 
any State, or any political subdivision of a State, ordering, 
procuring, or purchasing such knives in connection with the 
activities of such government; and 
‘‘(4) to manufacturers of such knives or bona fide deal-
ers therein in connection with any shipment made pursuant 
to an order from any person designated in paragraphs (1), 
(2), and (3). 
The Postal Service may require, as a condition of conveying 
any such knife in the mails, that any person proposing to mail 
such knife explain in writing to the satisfaction of the Postal 
Service that the mailing of such knife will not be in violation 
of this section. 
‘‘(h) ADVERTISING, PROMOTIONAL, OR SALES MATTER.— 
Any advertising, promotional, or sales matter which solicits or 
induces the mailing of anything declared nonmailable by this 
section is likewise nonmailable unless such matter contains 
wrapping or packaging instructions which are in accord with 
regulations promulgated by the Postal Service. 
‘‘(i) BALLISTIC KNIVES.— 
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‘‘(1) GENERALLY.—Any ballistic knife shall be subject to 
the same restrictions and penalties provided under sub-
section (g) for knives described in the first sentence of that 
subsection. 
‘‘(2) DEFINITION.—As used in this subsection, the term 
‘ballistic knife’ means a knife with a detachable blade that 
is propelled by a spring-operated mechanism. 
‘‘(j) OFFENSES.— 
‘‘(1) COMPLIANCE WITH RULES AND REGULATIONS.— 
Whoever knowingly deposits for mailing or delivery, or 
knowingly causes to be delivered by mail, according to the 
direction thereon, or at any place at which it is directed to 
be delivered by the person to whom it is addressed, any-
thing declared nonmailable by this section, unless in ac-
cordance with the rules and regulations authorized to be 
prescribed by the Postal Service, shall be imprisoned not 
more than one year. 
‘‘(2) WITH INTENT TO KILL OR INJURE ANOTHER OR TO 
INJURE THE MAILS OR PROPERTY.—Whoever knowingly de-
posits for mailing or delivery, or knowingly causes to be de-
livered by mail, according to the direction thereon or at any 
place to which it is directed to be delivered by the person 
to whom it is addressed, anything declared nonmailable by 
this section, whether or not transmitted in accordance with 
the rules and regulations authorized to be prescribed by the 
Postal Service, with intent to kill or injure another, or in-
jure the mails or other property, shall be imprisoned not 
more than twenty years. 
‘‘(3) DEATH PENALTY.—Whoever is convicted of any 
crime prohibited by this section, which has resulted in the 
death of any person, shall be subject also to the death pen-
alty or to imprisonment for life. 
‘‘§ 951. Franking privilege 
‘‘Whoever makes use of any official envelope, label, or 
indorsement authorized by law, to avoid the payment of postage 
or registry fee on his private letter, packet, package, or other 
matter in the mail, shall be fined under this title. 
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‘‘SUBCHAPTER H—SPECIAL MARITIME AND TERRI-
TORIAL JURISDICTION OF THE UNITED STATES 
‘‘Sec. 
‘‘961.
Laws of States adopted for areas within Federal jurisdiction. 
‘‘§ 961. Laws of States adopted for areas within 
Federal jurisdiction 
‘‘(a) OFFENSE.—Whoever within the reserved or acquired 
special maritime or territorial jurisdiction of the United States, 
or on, above, or below any portion of the territorial sea of the 
United States not within the jurisdiction of any State, is guilty 
of any act or omission which, although not made punishable by 
any enactment of Congress, would be punishable if committed 
or omitted within the jurisdiction of the State in which such 
place is situated, by the laws thereof in force at the time of 
such act or omission, shall be guilty of a like offense and sub-
ject to a like punishment. 
‘‘(b) OPERATING A MOTOR VEHICLE UNDER THE INFLU-
ENCE OF ALCOHOL.— 
‘‘(1) LIMITATION ON RIGHT OR PRIVILEGE TO OPERATE 
A MOTOR VEHICLE.—Subject to paragraph (2) and for pur-
poses of subsection (a) of this section, that which may or 
shall be imposed through judicial or administrative action 
under the law of a State for a conviction for operating a 
motor vehicle under the influence of a drug or alcohol, shall 
be considered to be a punishment provided by that law. 
Any limitation on the right or privilege to operate a motor 
vehicle imposed under this subsection shall apply only to 
the special maritime and territorial jurisdiction of the 
United States. 
‘‘(2) ADDITIONAL PUNISHMENT.—In addition to any term of 
imprisonment provided for operating a motor vehicle under the 
influence of a drug or alcohol imposed under the law of a State, 
the punishment for such an offense under this section shall in-
clude an additional term of imprisonment of not more than 1 
year, or if serious bodily injury of a child is caused, not more 
than 5 years, or if death of a child is caused, not more than 
10 years, and an additional fine under this title, or both, if— 
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‘‘(A) a child (other than the offender) was present in the 
motor vehicle when the offense was committed; and 
‘‘(B) the law of the State in which the offense occurred 
does not provide an additional term of imprisonment under 
the circumstances described in subparagraph (A). 
‘‘(c) TERRITORIAL SEA.—Whenever any waters of the terri-
torial sea of the United States lie outside the territory of any 
State, such waters (including the airspace above and the seabed 
and subsoil below, and artificial islands and fixed structures 
erected thereon) shall be deemed, for purposes of subsection 
(a), to lie within the area of the State that it would lie within 
if the boundaries of such State were extended seaward to the 
outer limit of the territorial sea of the United States. 
‘‘CHAPTER 29—CRIMES RELATED TO PROTEC-
TION OF GOVERNMENT FUNCTIONS AND IN-
TEGRITY 
‘‘Subchapter 
Sec. 
‘‘A. Bribery, graft, and conflicts of interest ......................
991 
‘‘B. Claims and services in matters affecting govern-
ment ..............................................................................
1017 
‘‘C. Contempts ..............................................................................
1021 
‘‘D. Elections and political activities ..................................
1031 
‘‘E. Emblems, insignia, and names .......................................
1051 
‘‘F. Escape and rescue ...............................................................
1071 
‘‘G. False personation ................................................................
1091 
‘‘H. Fugitives from justice .......................................................
1101 
‘‘I. Obstruction of justice .........................................................
1131 
‘‘J. Prisons .....................................................................................
1161 
‘‘K. Public officers and employees .......................................
1171 
‘‘L. Records and reports ...........................................................
1181 
‘‘M. Searches and seizures ......................................................
1191 
‘‘N. Malicious mischief ..............................................................
1201 
‘‘O. Public lands ...........................................................................
1211 
‘‘P. Restricted building or grounds .....................................
1221 
‘‘SUBCHAPTER A—BRIBERY, GRAFT, AND 
CONFLICTS OF INTEREST 
‘‘Sec. 
‘‘991.
Bribery of public officials and witnesses. 
‘‘992.
Definitions for certain sections. 
‘‘993.
Compensation to Members of Congress, officers, and others in mat-
ters affecting the Government. 
‘‘994.
Practice in United States Court of Federal Claims or the United 
States Court of Appeals for the Federal Circuit by Members of 
Congress. 
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‘‘995.
Activities of officers and employees in claims against and other mat-
ters affecting the Government. 
‘‘996.
Exemption of retired officers of the uniformed services. 
‘‘997.
Restrictions on former officers, employees, and elected officials of 
the executive and legislative branches. 
‘‘998.
Acts affecting a personal financial interest. 
‘‘999.
Salary of Government officials and employees payable only by 
United States. 
‘‘1000.
Offer to procure appointive public office. 
‘‘1001.
Acceptance or solicitation to obtain appointive public office. 
‘‘1002.
Acceptance of loan or gratuity by financial institution examiner. 
‘‘1003.
Receipt of commissions or gifts for procuring loans. 
‘‘1004.
Penalties and injunctions. 
‘‘1005.
Voiding transactions in violation of chapter; recovery by the United 
States. 
‘‘1006.
Officers and employees acting as agents of foreign principals. 
‘‘1007.
Bribery in sporting contests. 
‘‘1008.
Continuing financial crimes enterprise. 
‘‘§ 991. Bribery of public officials and witnesses 
‘‘(a) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘public official’ means Member of Con-
gress, Delegate, or Resident Commissioner, either before or 
after such official has qualified, or an officer or employee 
or person acting for or on behalf of the United States, or 
any department, agency or branch of Government thereof, 
including the District of Columbia, in any official function, 
under or by authority of any such department, agency, or 
branch of Government, or a juror; 
‘‘(2) the term ‘person who has been selected to be a pub-
lic official’ means any person who has been nominated or 
appointed to be a public official, or has been officially in-
formed that such person will be so nominated or appointed; 
and 
‘‘(3) the term ‘official act’ means any decision or action 
on any question, matter, cause, suit, proceeding or con-
troversy, which may at any time be pending, or which may 
by law be brought before any public official, in such offi-
cial’s official capacity, or in such official’s place of trust or 
profit. 
‘‘(b) BRIBERY.—Whoever— 
‘‘(1) corruptly gives, offers or promises anything of value 
to any public official or person who has been selected to be 
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a public official, or offers or promises any public official or 
any person who has been selected to be a public official to 
give anything of value to any other person or entity, with 
intent— 
‘‘(A) to influence any official act; or 
‘‘(B) to influence such public official or person who 
has been selected to be a public official to commit or 
aid in committing, or collude in, or allow, any fraud, 
or make opportunity for the commission of any fraud, 
on the United States; or 
‘‘(C) to induce such public official or such person 
who has been selected to be a public official to do or 
omit to do any act in violation of the lawful duty of 
such official or person; 
‘‘(2) being a public official or person selected to be a 
public official, corruptly demands, seeks, receives, accepts, 
or agrees to receive or accept anything of value personally 
or for any other person or entity, in return for— 
‘‘(A) being influenced in the performance of any offi-
cial act; 
‘‘(B) being influenced to commit or aid in commit-
ting, or to collude in, or allow, any fraud, or make op-
portunity for the commission of any fraud on the 
United States; or 
‘‘(C) being induced to do or omit to do any act in 
violation of the official duty of such official or person; 
‘‘(3) corruptly gives, offers, or promises anything of 
value to any person, or offers or promises such person to 
give anything of value to any other person or entity, with 
intent to influence the testimony under oath or affirmation 
of such first-mentioned person as a witness upon a trial, 
hearing, or other proceeding, before any court, any com-
mittee of either House or both Houses of Congress, or any 
agency, commission, or officer authorized by the laws of the 
United States to hear evidence or take testimony, or with 
intent to influence such person to absent himself therefrom; 
or 
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‘‘(4) corruptly demands, seeks, receives, accepts, or 
agrees to receive or accept anything of value personally or 
for any other person or entity in return for being influ-
enced in testimony under oath or affirmation as a witness 
upon any such trial, hearing, or other proceeding, or in re-
turn for absenting himself therefrom; 
shall be imprisoned for not more than fifteen years and may 
be disqualified from holding any office of honor, trust, or profit 
under the United States. 
‘‘(c) UNLAWFUL REWARDS.—Whoever— 
‘‘(1) otherwise than as provided by law for the proper 
discharge of official duty— 
‘‘(A) gives, offers, or promises anything of value to 
any public official, former public official, or person se-
lected to be a public official, for or because of any offi-
cial act performed or to be performed by such public 
official, former public official, or person selected to be 
a public official; or 
‘‘(B) being a public official, former public official, or 
person selected to be a public official, otherwise than 
as provided by law for the proper discharge of official 
duty, demands, seeks, receives, accepts, or agrees to re-
ceive or accept anything of value personally for or be-
cause of any official act performed or to be performed 
by such official or person; 
‘‘(2) gives, offers, or promises anything of value to any 
person, for or because of the testimony under oath or affir-
mation given or to be given by such person as a witness 
upon a trial, hearing, or other proceeding, before any court, 
any committee of either House or both Houses of Congress, 
or any agency, commission, or officer authorized by the 
laws of the United States to hear evidence or take testi-
mony, or for or because of such person’s absence there-
from; 
‘‘(3) demands, seeks, receives, accepts, or agrees to re-
ceive or accept anything of value personally for or because 
of the testimony under oath or affirmation given or to be 
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given by such person as a witness upon any such trial, 
hearing, or other proceeding, or for or because of such per-
son’s absence therefrom; 
shall be imprisoned for not more than two years. 
‘‘(d) EXCLUSION.—Paragraphs (3) and (4) of subsection (b) 
and paragraphs (2) and (3) of subsection (c) shall not be con-
strued to prohibit the payment or receipt of witness fees pro-
vided by law, or the payment, by the party upon whose behalf 
a witness is called and receipt by a witness, of the reasonable 
cost of travel and subsistence incurred and the reasonable value 
of time lost in attendance at any such trial, hearing, or pro-
ceeding, or in the case of expert witnesses, a reasonable fee for 
time spent in the preparation of such opinion, and in appearing 
and testifying. 
‘‘§ 992. Definitions for certain sections 
‘‘(a) 993, 995, 997, 998, AND 999.—For the purpose of sec-
tions 993, 995, 997, 998, and 999 the term ‘special Govern-
ment employee’ means— 
‘‘(1) an officer or employee of the executive or legislative 
branch of the United States Government, of any inde-
pendent agency of the United States or of the District of 
Columbia, who is retained, designated, appointed, or em-
ployed to perform, with or without compensation, for not 
to exceed one 130 during any period of 365 consecutive 
days, temporary duties either on a full-time or intermittent 
basis, a part-time United States commissioner, a part-time 
United States magistrate judge, or, regardless of the num-
ber of days of appointment, an independent counsel ap-
pointed under chapter 40 of title 28 and any person ap-
pointed by that independent counsel under section 594(c) 
of title 28; 
‘‘(2) every person serving as a part-time local representa-
tive of a Member of Congress in the Member’s home dis-
trict or State; and 
‘‘(3) notwithstanding section 29(c) and (d) of the Act of 
August 10, 1956 (70A Stat. 632; 5 U.S.C. 30r(c) and (d)), 
a Reserve officer of the Armed Forces, or an officer of the 
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National Guard of the United States, unless otherwise an 
officer or employee of the United States, while on active 
duty solely for training; 
except that a Reserve officer of the Armed Forces or an officer 
of the National Guard of the United States who is voluntarily 
serving a period of extended active duty in excess of 130 days 
shall be classified as an officer of the United States within the 
meaning of section 993 and sections 995 through 999 and 
1005, and a Reserve officer of the Armed Forces or an officer 
of the National Guard of the United States who is serving in-
voluntarily shall be classified as a special Government em-
ployee. The terms ‘officer or employee’ and ‘special Government 
employee’ as used in sections 993, 995, 997 through 999, and 
1005, does not include enlisted members of the Armed Forces. 
‘‘(b) 995 AND 997.—For the purposes of sections 995 and 
997, the term ‘official responsibility’ means the direct adminis-
trative or operating authority, whether intermediate or final, 
and either exercisable alone or with others, and either person-
ally or through subordinates, to approve, disapprove, or other-
wise direct Government action. 
‘‘(c) EXCLUSION FROM ‘OFFICER’ AND ‘EMPLOYEE’.— Ex-
cept as otherwise provided in such sections, the terms ‘officer’ 
and ‘employee’ in sections 993, 995, 997 through 999, and 
1005 does not include the President, the Vice President, a 
Member of Congress, or a Federal judge. 
‘‘(d) ‘MEMBER OF CONGRESS’.—The term ‘Member of Con-
gress’ in sections 994 and 997 means— 
‘‘(1) a United States Senator; and 
‘‘(2) a Representative in, or a Delegate or Resident Com-
missioner to, the House of Representatives. 
‘‘(e) ADDITIONAL
DEFINITIONS.—As used in this sub-
chapter— 
‘‘(1) the term ‘executive branch’ includes each executive 
agency as defined in title 5, and any other entity or admin-
istrative unit in the executive branch; 
‘‘(2) the term ‘judicial branch’ means the Supreme Court 
of the United States; the United States courts of appeals; 
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the United States district courts; the Court of International 
Trade; the United States bankruptcy courts; any court cre-
ated pursuant to article I of the United States Constitu-
tion, including the Court of Appeals for the Armed Forces, 
the United States Court of Federal Claims, and the United 
States Tax Court, but not including a court of a territory 
or possession of the United States; the Federal Judicial 
Center; and any other agency, office, or entity in the judi-
cial branch; and 
‘‘(3) the term ‘legislative branch’ means— 
‘‘(A) the Congress; and 
‘‘(B) the Office of the Architect of the Capitol, the 
United States Botanic Garden, the Government Ac-
countability Office, the Government Printing Office, the 
Library of Congress, the Office of Technology Assess-
ment, the Congressional Budget Office, the United 
States Capitol Police, and any other agency, entity, of-
fice, or commission established in the legislative 
branch. 
‘‘§ 993. Compensation to Members of Congress, of-
ficers, and others in matters affecting the 
Government 
‘‘(a) FEDERAL MATTERS.—Whoever, otherwise than as pro-
vided by law for the proper discharge of official duties— 
‘‘(1) demands, seeks, receives, accepts, or agrees to re-
ceive or accept any compensation for any representational 
services, as agent or attorney or otherwise, rendered or to 
be rendered either personally or by another— 
‘‘(A) at a time when such person is a Member of 
Congress, Member of Congress Elect, Delegate, Dele-
gate Elect, Resident Commissioner, or Resident Com-
missioner Elect; or 
‘‘(B) at a time when such person is an officer or em-
ployee or Federal judge of the United States in the ex-
ecutive, legislative, or judicial branch of the Govern-
ment, or in any agency of the United States, 
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in relation to any proceeding, application, request for a rul-
ing or other determination, contract, claim, controversy, 
charge, accusation, arrest, or other particular matter in 
which the United States is a party or has a direct and sub-
stantial interest, before any department, agency, court, 
court-martial, officer, or any civil, military, or naval com-
mission; or 
‘‘(2) knowingly gives, promises, or offers any compensa-
tion for any such representational services rendered or to 
be rendered at a time when the person to whom the com-
pensation is given, promised, or offered, is or was such a 
Member, Member Elect, Delegate, Delegate Elect, Commis-
sioner, Commissioner Elect, Federal judge, officer, or em-
ployee; 
shall be subject to the penalties set forth in section 216 of this 
title. 
‘‘(b) DISTRICT OF COLUMBIA.—Whoever, otherwise than as 
provided by law for the proper discharge of official duties— 
‘‘(1) demands, seeks, receives, accepts, or agrees to re-
ceive or accept any compensation for any representational 
services, as agent or attorney or otherwise, rendered or to 
be rendered either personally or by another, at a time when 
such person is an officer or employee of the District of Co-
lumbia, in relation to any proceeding, application, request 
for a ruling or other determination, contract, claim, con-
troversy, charge, accusation, arrest, or other particular 
matter in which the District of Columbia is a party or has 
a direct and substantial interest, before any department, 
agency, court, officer, or commission; or 
‘‘(2) knowingly gives, promises, or offers any compensa-
tion for any such representational services rendered or to 
be rendered at a time when the person to whom the com-
pensation is given, promised, or offered, is or was an officer 
or employee of the District of Columbia; 
shall be subject to the penalties set forth in section 216 of this 
title. 
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‘‘(c) SPECIAL GOVERNMENT EMPLOYEES.—A special Gov-
ernment employee shall be subject to subsections (a) and (b) 
only in relation to a particular matter involving a specific party 
or parties— 
‘‘(1) in which such employee has at any time participated 
personally and substantially as a Government employee or 
as a special Government employee through decision, ap-
proval, disapproval, recommendation, the rendering of ad-
vice, investigation or otherwise; or 
‘‘(2) which is pending in the department or agency of the 
Government in which such employee is serving except that 
paragraph (2) of this subsection shall not apply in the case 
of a special Government employee who has served in such 
department or agency no more than sixty days during the 
immediately preceding period of three hundred and sixty- 
five consecutive days. 
‘‘(d) EXCLUSION.—Nothing in this section prevents an offi-
cer or employee, including a special Government employee, 
from acting, with or without compensation, as agent or attor-
ney for or otherwise representing his parents, spouse, child, or 
any person for whom, or for any estate for which, he is serving 
as guardian, executor, administrator, trustee, or other personal 
fiduciary except— 
‘‘(1) in those matters in which he has participated per-
sonally and substantially as a Government employee or as 
a special Government employee through decision, approval, 
disapproval, recommendation, the rendering of advice, in-
vestigation, or otherwise; or 
‘‘(2) in those matters that are the subject of his official 
responsibility, 
subject to approval by the Government official responsible for 
appointment to his position. 
‘‘(e) CERTIFICATION OF NATIONAL INTEREST.—Nothing in 
this section prevents a special Government employee from act-
ing as agent or attorney for another person in the performance 
of work under a grant by, or a contract with or for the benefit 
of, the United States if the head of the department or agency 
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concerned with the grant or contract certifies in writing that 
the national interest so requires and publishes such certifi-
cation in the Federal Register. 
‘‘(f) TESTIMONY AND STATEMENTS.—Nothing in this section 
prevents an individual from giving testimony under oath or 
from making statements required to be made under penalty of 
perjury. 
‘‘§ 994. Practice in United States Court of Federal 
Claims or the United States Court of Ap-
peals for the Federal Circuit by Members 
of Congress 
‘‘Whoever, being a Member of Congress or Member of Con-
gress Elect, practices in the United States Court of Federal 
Claims or the United States Court of Appeals for the Federal 
Circuit shall be subject to the penalties set forth in section 
1004 of this title. 
‘‘§ 995. Activities of officers and employees in 
claims against and other matters affecting 
the Government 
‘‘(a) FEDERAL MATTERS.—Whoever, being an officer or em-
ployee of the United States in the executive, legislative, or judi-
cial branch of the Government or in any agency of the United 
States, other than in the proper discharge of his official du-
ties— 
‘‘(1) acts as agent or attorney for prosecuting any claim 
against the United States, or receives any gratuity, or any 
share of or interest in any such claim, in consideration of 
assistance in the prosecution of such claim; or 
‘‘(2) acts as agent or attorney for anyone before any de-
partment, agency, court, court-martial, officer, or civil, 
military, or naval commission in connection with any cov-
ered matter in which the United States is a party or has 
a direct and substantial interest; 
shall be subject to the penalties set forth in section 216 of this 
title. 
‘‘(b) DISTRICT OF COLUMBIA.—Whoever, being an officer or 
employee of the District of Columbia or an officer or employee 
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of the Office of the United States Attorney for the District of 
Columbia, otherwise than in the proper discharge of official du-
ties— 
‘‘(1) acts as agent or attorney for prosecuting any claim 
against the District of Columbia, or receives any gratuity, 
or any share of or interest in any such claim in consider-
ation of assistance in the prosecution of such claim; or 
‘‘(2) acts as agent or attorney for anyone before any de-
partment, agency, court, officer, or commission in connec-
tion with any covered matter in which the District of Co-
lumbia is a party or has a direct and substantial interest; 
shall be subject to the penalties set forth in section 216 of this 
title. 
‘‘(c) SPECIAL GOVERNMENT EMPLOYEES.—A special Gov-
ernment employee shall be subject to subsections (a) and (b) 
only in relation to a covered matter involving a specific party 
or parties— 
‘‘(1) in which he has at any time participated personally 
and substantially as a Government employee or special 
Government employee through decision, approval, dis-
approval, recommendation, the rendering of advice, inves-
tigation, or otherwise; or 
‘‘(2) which is pending in the department or agency of the 
Government in which he is serving. 
Paragraph (2) shall not apply in the case of a special Govern-
ment employee who has served in such department or agency 
no more than sixty days during the immediately preceding pe-
riod of three hundred and sixty-five consecutive days. 
‘‘(d) EXCLUSION WITH RESPECT TO CERTAIN PERSONS.— 
‘‘(1) GENERALLY.—Nothing in subsection (a) or (b) pre-
vents an officer or employee, if not inconsistent with the 
faithful performance of that officer’s or employee’s duties, 
from acting without compensation as agent or attorney for, 
or otherwise representing— 
‘‘(A) any person who is the subject of disciplinary, 
loyalty, or other personnel administration proceedings 
in connection with those proceedings; or 
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435 
‘‘(B) except as provided in paragraph (2), any coop-
erative, voluntary, professional, recreational, or similar 
organization or group not established or operated for 
profit, if a majority of the organization’s or group’s 
members are current officers or employees of the 
United States or of the District of Columbia, or their 
spouses or dependent children. 
‘‘(2) EXCEPTION.—Paragraph (1)(B) does not apply 
with respect to a covered matter that— 
‘‘(A) is a claim under subsection (a)(1) or (b)(1); 
‘‘(B) is a judicial or administrative proceeding where 
the organization or group is a party; or 
‘‘(C) involves a grant, contract, or other agreement 
(including a request for any such grant, contract, or 
agreement) providing for the disbursement of Federal 
funds to the organization or group. 
‘‘(e) EXCLUSION WITH RESPECT FAMILY MEMBERS.—Noth-
ing in subsection (a) or (b) prevents an officer or employee, in-
cluding a special Government employee, from acting, with or 
without compensation, as agent or attorney for, or otherwise 
representing, his parents, spouse, child, or any person for 
whom, or for any estate for which, he is serving as guardian, 
executor, administrator, trustee, or other personal fiduciary ex-
cept— 
‘‘(1) in those matters in which he has participated per-
sonally and substantially as a Government employee or spe-
cial Government employee through decision, approval, dis-
approval, recommendation, the rendering of advice, inves-
tigation, or otherwise, or 
‘‘(2) in those matters which are the subject of his official 
responsibility, 
subject to approval by the Government official responsible for 
appointment to his position. 
‘‘(f) CERTIFICATION OF NATIONAL INTEREST.—Nothing in 
subsection (a) or (b) prevents a special Government employee 
from acting as agent or attorney for another person in the per-
formance of work under a grant by, or a contract with or for 
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the benefit of, the United States if the head of the department 
or agency concerned with the grant or contract certifies in writ-
ing that the national interest so requires and publishes such 
certification in the Federal Register. 
‘‘(g) TESTIMONY AND STATEMENTS.—Nothing in this sec-
tion prevents an officer or employee from giving testimony 
under oath or from making statements required to be made 
under penalty for perjury or contempt. 
‘‘(h) DEFINITION.—For the purpose of this section, the term 
‘covered matter’ means any judicial or other proceeding, appli-
cation, request for a ruling or other determination, contract, 
claim, controversy, investigation, charge, accusation, arrest, or 
other particular matter. 
‘‘(i) ADDITIONAL EXCLUSIONS.—Nothing in this section pre-
vents an employee from acting pursuant to— 
‘‘(1) chapter 71 of title 5; 
‘‘(2) section 1004 or chapter 12 of title 39; 
‘‘(3) section 3 of the Tennessee Valley Authority Act of 
1933 (16 U.S.C. 831b); 
‘‘(4) chapter 10 of title I of the Foreign Service Act of 
1980 (22 U.S.C. 4104 et seq.); or 
‘‘(5) any provision of any other Federal or District of 
Columbia law that authorizes labor-management relations 
between an agency or instrumentality of the United States 
or the District of Columbia and any labor organization that 
represents its employees. 
‘‘§ 996. Exemption of retired officers of the uni-
formed services 
‘‘Sections 993 and 995 of this title shall not apply to a re-
tired officer of the uniformed services of the United States 
while not on active duty and not otherwise an officer or em-
ployee of the United States, or to any person specially excepted 
by Act of Congress. 
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‘‘§ 997. Restrictions on former officers, employees, 
and elected officials of the executive and 
legislative branches 
‘‘(a) RESTRICTIONS ON ALL OFFICERS AND EMPLOYEES OF 
THE EXECUTIVE BRANCH AND CERTAIN OTHER AGENCIES.— 
‘‘(1) PERMANENT RESTRICTIONS ON REPRESENTATION 
ON PARTICULAR MATTERS.—Whoever is an officer or em-
ployee (including any special Government employee) of the 
executive branch of the United States (including any inde-
pendent agency of the United States), or of the District of 
Columbia, and who, after the termination of his or her 
service or employment with the United States or the Dis-
trict of Columbia, knowingly makes, with the intent to in-
fluence, any communication to or appearance before any of-
ficer or employee of any department, agency, court, or 
court-martial of the United States or the District of Co-
lumbia, on behalf of any other person (except the United 
States or the District of Columbia) in connection with a 
particular matter— 
‘‘(A) in which the United States or the District of 
Columbia is a party or has a direct and substantial in-
terest, 
‘‘(B) in which the person participated personally and 
substantially as such officer or employee, and 
‘‘(C) which involved a specific party or specific par-
ties at the time of such participation, 
shall be punished as provided in section 1004 of this title. 
‘‘(2) 
TWO-YEAR
RESTRICTIONS
CONCERNING
PAR-
TICULAR
MATTERS
UNDER
OFFICIAL
RESPONSIBILITY.— 
Any person subject to the restrictions contained in para-
graph (1) who, within 2 years after the termination of his 
or her service or employment with the United States or the 
District of Columbia, knowingly makes, with the intent to 
influence, any communication to or appearance before any 
officer or employee of any department, agency, court, or 
court-martial of the United States or the District of Co-
lumbia, on behalf of any other person (except the United 
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States or the District of Columbia), in connection with a 
particular matter— 
‘‘(A) in which the United States or the District of 
Columbia is a party or has a direct and substantial in-
terest, 
‘‘(B) which such person knows or reasonably should 
know was actually pending under his or her official re-
sponsibility as such officer or employee within a period 
of 1 year before the termination of his or her service 
or employment with the United States or the District 
of Columbia, and 
‘‘(C) which involved a specific party or specific par-
ties at the time it was so pending, 
shall be punished as provided in section 1004. 
‘‘(3) CLARIFICATION
OF
RESTRICTIONS.—The restric-
tions contained in paragraphs (1) and (2) shall apply— 
‘‘(A) in the case of an officer or employee of the ex-
ecutive branch of the United States (including any 
independent agency), only with respect to communica-
tions to or appearances before any officer or employee 
of any department, agency, court, or court-martial of 
the United States on behalf of any other person (except 
the United States), and only with respect to a matter 
in which the United States is a party or has a direct 
and substantial interest; and 
‘‘(B) in the case of an officer or employee of the Dis-
trict of Columbia, only with respect to communications 
to or appearances before any officer or employee of any 
department, agency, or court of the District of Colum-
bia on behalf of any other person (except the District 
of Columbia), and only with respect to a matter in 
which the District of Columbia is a party or has a di-
rect and substantial interest. 
‘‘(b) ONE-YEAR RESTRICTIONS ON AIDING OR ADVISING.— 
‘‘(1) IN GENERAL.—Any person who is a former officer 
or employee of the executive branch of the United States 
(including any independent agency) and is subject to the 
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restrictions contained in subsection (a)(1), or any person 
who is a former officer or employee of the legislative branch 
or a former Member of Congress, who personally and sub-
stantially participated in any ongoing trade or treaty nego-
tiation on behalf of the United States within the 1-year pe-
riod preceding the date on which his or her service or em-
ployment with the United States terminated, and who had 
access to information concerning such trade or treaty nego-
tiation which is exempt from disclosure under section 552 
of title 5, which is so designated by the appropriate depart-
ment or agency, and which the person knew or should have 
known was so designated, shall not, on the basis of that in-
formation, knowingly represent, aid, or advise any other 
person (except the United States) concerning such ongoing 
trade or treaty negotiation for a period of 1 year after his 
or her service or employment with the United States termi-
nates. Whoever violates this subsection shall be punished as 
provided in section 1004 of this title. 
‘‘(2) DEFINITION.—For purposes of this paragraph— 
‘‘(A) the term ‘trade negotiation’ means negotiations 
which the President determines to undertake to enter 
into a trade agreement pursuant to section 1102 of the 
Omnibus Trade and Competitiveness Act of 1988, and 
does not include any action taken before that deter-
mination is made; and 
‘‘(B) the term ‘treaty’ means an international agree-
ment made by the President that requires the advice 
and consent of the Senate. 
‘‘(c) ONE-YEAR RESTRICTIONS ON CERTAIN SENIOR PER-
SONNEL
OF
THE EXECUTIVE BRANCH
AND INDEPENDENT 
AGENCIES.— 
‘‘(1) RESTRICTIONS.—In addition to the restrictions set 
forth in subsections (a) and (b), any person who is an offi-
cer or employee (including any special Government em-
ployee) of the executive branch of the United States (in-
cluding an independent agency), who is referred to in para-
graph (2), and who, within 1 year after the termination of 
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440 
his or her service or employment as such officer or em-
ployee, knowingly makes, with the intent to influence, any 
communication to or appearance before any officer or em-
ployee of the department or agency in which such person 
served within 1 year before such termination, on behalf of 
any other person (except the United States), in connection 
with any matter on which such person seeks official action 
by any officer or employee of such department or agency, 
shall be punished as provided in section 1004 of this title. 
‘‘(2) PERSONS
TO
WHOM
RESTRICTIONS
APPLY.—(A) 
Paragraph (1) shall apply to a person (other than a person 
subject to the restrictions of subsection (d))— 
‘‘(i) employed at a rate of pay specified in or fixed 
according to subchapter II of chapter 53 of title 5, 
‘‘(ii) employed in a position which is not referred to 
in clause (i) and for which that person is paid at a rate 
of basic pay which is equal to or greater than 86.5 per-
cent of the rate of basic pay for level II of the Execu-
tive Schedule, or, for a period of 2 years following the 
enactment of the National Defense Authorization Act 
for Fiscal Year 2004, a person who, on the day prior 
to the enactment of that Act, was employed in a posi-
tion which is not referred to in clause (i) and for which 
the rate of basic pay, exclusive of any locality-based 
pay adjustment under section 5304 or section 5304a of 
title 5, was equal to or greater than the rate of basic 
pay payable for level 5 of the Senior Executive Service 
on the day prior to the enactment of that Act, 
‘‘(iii) appointed by the President to a position under 
section 105(a)(2)(B) of title 3 or by the Vice President 
to a position under section 106(a)(1)(B) of title 3, 
‘‘(iv) employed in a position which is held by an ac-
tive duty commissioned officer of the uniformed serv-
ices who is serving in a grade or rank for which the 
pay grade (as specified in section 201 of title 37) is pay 
grade O–7 or above, or 
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441 
‘‘(v) assigned from a private sector organization to 
an agency under chapter 37 of title 5. 
‘‘(B) Paragraph (1) shall not apply to a special Govern-
ment employee who serves less than 60 days in the 1-year 
period before his or her service or employment as such em-
ployee terminates. 
‘‘(C) At the request of a department or agency, the Di-
rector of the Office of Government Ethics may waive the 
restrictions contained in paragraph (1) with respect to any 
position, or category of positions, referred to in clause (ii) 
or (iv) of subparagraph (A), in such department or agency 
if the Director determines that— 
‘‘(i) the imposition of the restrictions with respect to 
such position or positions would create an undue hard-
ship on the department or agency in obtaining qualified 
personnel to fill such position or positions, and 
‘‘(ii) granting the waiver would not create the poten-
tial for use of undue influence or unfair advantage. 
‘‘(d) RESTRICTIONS ON VERY SENIOR PERSONNEL OF THE 
EXECUTIVE BRANCH AND INDEPENDENT AGENCIES.— 
‘‘(1) RESTRICTIONS.—In addition to the restrictions set 
forth in subsections (a) and (b), any person who— 
‘‘(A) serves in the position of Vice President of the 
United States, 
‘‘(B) is employed in a position in the executive 
branch of the United States (including any independent 
agency) at a rate of pay payable for level I of the Exec-
utive Schedule or employed in a position in the Execu-
tive Office of the President at a rate of pay payable for 
level II of the Executive Schedule, or 
‘‘(C) is appointed by the President to a position 
under section 105(a)(2)(A) of title 3 or by the Vice 
President to a position under section 106(a)(1)(A) of 
title 3, 
and who, within 1 year after the termination of that per-
son’s service in that position, knowingly makes, with the in-
tent to influence, any communication to or appearance be-
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fore any person described in paragraph (2), on behalf of 
any other person (except the United States), in connection 
with any matter on which such person seeks official action 
by any officer or employee of the executive branch of the 
United States, shall be punished as provided in section 
1004 of this title. 
‘‘(2) PERSONS WHO MAY NOT BE CONTACTED.—The per-
sons referred to in paragraph (1) with respect to appear-
ances or communications by a person in a position de-
scribed in subparagraph (A), (B), or (C) of paragraph (1) 
are— 
‘‘(A) any officer or employee of any department or 
agency in which such person served in such position 
within a period of 1 year before such person’s service 
or employment with the United States Government ter-
minated, and 
‘‘(B) any person appointed to a position in the exec-
utive branch which is listed in section 5312, 5313, 
5314, 5315, or 5316 of title 5. 
‘‘(e) RESTRICTIONS ON MEMBERS OF CONGRESS AND OFFI-
CERS AND EMPLOYEES OF THE LEGISLATIVE BRANCH.— 
‘‘(1) MEMBERS
OF
CONGRESS
AND
ELECTED
OFFI-
CERS.—(A) Any person who is a Member of Congress or 
an elected officer of either House of Congress and who, 
within 1 year after that person leaves office, knowingly 
makes, with the intent to influence, any communication to 
or appearance before any of the persons described in sub-
paragraph (B) or (C), on behalf of any other person (ex-
cept the United States) in connection with any matter on 
which such former Member of Congress or elected officer 
seeks action by a Member, officer, or employee of either 
House of Congress, in his or her official capacity, shall be 
punished as provided in section 1004 of this title. 
‘‘(B) The persons referred to in subparagraph (A) with 
respect to appearances or communications by a former 
Member of Congress are any Member, officer, or employee 
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443 
of either House of Congress, and any employee of any other 
legislative office of the Congress. 
‘‘(C) The persons referred to in subparagraph (A) with 
respect to appearances or communications by a former 
elected officer are any Member, officer, or employee of the 
House of Congress in which the elected officer served. 
‘‘(2) PERSONAL STAFF.—(A) Any person who is an em-
ployee of a Senator or an employee of a Member of the 
House of Representatives and who, within 1 year after the 
termination of that employment, knowingly makes, with the 
intent to influence, any communication to or appearance 
before any of the persons described in subparagraph (B), 
on behalf of any other person (except the United States) 
in connection with any matter on which such former em-
ployee seeks action by a Member, officer, or employee of ei-
ther House of Congress, in his or her official capacity, shall 
be punished as provided in section 1004 of this title. 
‘‘(B) The persons referred to in subparagraph (A) with 
respect to appearances or communications by a person who 
is a former employee are the following: 
‘‘(i) The Senator or Member of the House of Rep-
resentatives for whom that person was an employee. 
‘‘(ii) Any employee of that Senator or Member of the 
House of Representatives. 
‘‘(3) COMMITTEE STAFF.—Any person who is an em-
ployee of a committee of Congress and who, within 1 year 
after the termination of that person’s employment on such 
committee, knowingly makes, with the intent to influence, 
any communication to or appearance before any person who 
is a Member or an employee of that committee or who was 
a Member of the committee in the year immediately prior 
to the termination of such person’s employment by the 
committee, on behalf of any other person (except the 
United States) in connection with any matter on which 
such former employee seeks action by a Member, officer, or 
employee of either House of Congress, in his or her official 
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444 
capacity, shall be punished as provided in section 1004 of 
this title. 
‘‘(4) LEADERSHIP STAFF.—(A) Any person who is an 
employee on the leadership staff of the House of Represent-
atives or an employee on the leadership staff of the Senate 
and who, within 1 year after the termination of that per-
son’s employment on such staff, knowingly makes, with the 
intent to influence, any communication to or appearance 
before any of the persons described in subparagraph (B), 
on behalf of any other person (except the United States) 
in connection with any matter on which such former em-
ployee seeks action by a Member, officer, or employee of ei-
ther House of Congress, in his or her official capacity, shall 
be punished as provided in section 1004 of this title. 
‘‘(B) The persons referred to in subparagraph (A) with 
respect to appearances or communications by a former em-
ployee are the following: 
‘‘(i) In the case of a former employee on the leader-
ship staff of the House of Representatives, those per-
sons are any Member of the leadership of the House 
of Representatives and any employee on the leadership 
staff of the House of Representatives. 
‘‘(ii) In the case of a former employee on the leader-
ship staff of the Senate, those persons are any Member 
of the leadership of the Senate and any employee on 
the leadership staff of the Senate. 
‘‘(5) OTHER
LEGISLATIVE
OFFICES.—(A) Any person 
who is an employee of any other legislative office of the 
Congress and who, within 1 year after the termination of 
that person’s employment in such office, knowingly makes, 
with the intent to influence, any communication to or ap-
pearance before any of the persons described in subpara-
graph (B), on behalf of any other person (except the 
United States) in connection with any matter on which 
such former employee seeks action by any officer or em-
ployee of such office, in his or her official capacity, shall 
be punished as provided in section 1004 of this title. 
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445 
‘‘(B) The persons referred to in subparagraph (A) with 
respect to appearances or communications by a former em-
ployee are the employees and officers of the former legisla-
tive office of the Congress of the former employee. 
‘‘(6) LIMITATION ON RESTRICTIONS.—(A) The restric-
tions contained in paragraphs (2), (3), and (4) apply only 
to acts by a former employee who, for at least 60 days, in 
the aggregate, during the 1-year period before that former 
employee’s service as such employee terminated, was paid 
a rate of basic pay equal to or greater than an amount 
which is 75 percent of the basic rate of pay payable for a 
Member of the House of Congress in which such employee 
was employed. 
‘‘(B) The restrictions contained in paragraph (5) apply 
only to acts by a former employee who, for at least 60 
days, in the aggregate, during the 1-year period before that 
former employee’s service as such employee terminated, was 
employed in a position for which the rate of basic pay, ex-
clusive of any locality-based pay adjustment under section 
5302 of title 5 (or any comparable adjustment pursuant to 
interim authority of the President), is equal to or greater 
than the basic rate of pay payable for level V of the Senior 
Executive Service. 
‘‘(7) DEFINITIONS.—As used in this subsection— 
‘‘(A) the term ‘committee of Congress’ includes 
standing committees, joint committees, and select com-
mittees; 
‘‘(B) a person is an employee of a House of Congress 
if that person is an employee of the Senate or an em-
ployee of the House of Representatives; 
‘‘(C) the term ‘employee of the House of Representa-
tives’ means an employee of a Member of the House of 
Representatives, an employee of a committee of the 
House of Representatives, an employee of a joint com-
mittee of the Congress whose pay is disbursed by the 
Clerk of the House of Representatives, and an em-
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ployee on the leadership staff of the House of Rep-
resentatives; 
‘‘(D) the term ‘employee of the Senate’ means an 
employee of a Senator, an employee of a committee of 
the Senate, an employee of a joint committee of the 
Congress whose pay is disbursed by the Secretary of 
the Senate, and an employee on the leadership staff of 
the Senate; 
‘‘(E) a person is an employee of a Member of the 
House of Representatives if that person is an employee 
of a Member of the House of Representatives under the 
clerk hire allowance; 
‘‘(F) a person is an employee of a Senator if that 
person is an employee in a position in the office of a 
Senator; 
‘‘(G) the term ‘employee of any other legislative of-
fice of the Congress’ means an officer or employee of 
the Architect of the Capitol, the United States Botanic 
Garden, the Government Accountability Office, the 
Government Printing Office, the Library of Congress, 
the Office of Technology Assessment, the Congressional 
Budget Office, the Copyright Royalty Tribunal, the 
United States Capitol Police, and any other agency, en-
tity, or office in the legislative branch not covered by 
paragraph (1), (2), (3), or (4) of this subsection; 
‘‘(H) the term ‘employee on the leadership staff of 
the House of Representatives’ means an employee of 
the office of a Member of the leadership of the House 
of Representatives described in subparagraph (L), and 
any elected minority employee of the House of Rep-
resentatives; 
‘‘(I) the term ‘employee on the leadership staff of the 
Senate’ means an employee of the office of a Member 
of the leadership of the Senate described in subpara-
graph (M); 
‘‘(J) the term ‘Member of Congress’ means a Sen-
ator or a Member of the House of Representatives; 
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